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HomeMy WebLinkAboutFin & Corp Svcs - 2008-02-11FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11, 200$ 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, K. Galloway, and C. Weylie. Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer R. Browning, General Manager, Development & Technical Services A. Pappert, General Manager, Community Services T. Beckett, Fire Chief L. MacDonald, Director of Legal Services & City Solicitor R. Gosse, Director of Legislated Services & City Clerk J. Witmer, Director of Operations R. Regier, Executive Director of Economic Development M. May, Director of Communications /Marketing S. Turner, Director of By-law Enforcement S. Adams, Director of Community & Corporate Planning J. McBride, Director of Transportation Planning D. Keehn, Interim Director of Aquatics & Athletics J. Sheryer, Assistant City Solicitor S. Williams, Assistant City Solicitor P. Harris, Manager of Licensing G. Mann, Deputy Fire Chief D. Campbell, District Facilitator A. Grafstein, Community & Corporate Planning Associate C. Collins, Marketing & Communications Associate J. Billett, Committee Administrator 1. CRPS-0$-022 -REQUEST TO SELL FOOD AND ALCOHOL -GREEK FOOD FESTIVAL - 527 BRIDGEPORT ROAD EAST -JUNE 7 AND $. 200$ The Committee considered Corporate Services Department report CRPS-08-022, dated January 31, 2008 concerning a request to operate a Place of Refreshment. On motion by Councillor C. Weylie - it was 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 7 & 8, 2008 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"." 2. CRPS-0$-023 -REQUEST FOR AMIDWAY - HOMENIUK RIDES INC. - 707 OTTAWA STREET SOUTH -APRIL 24 TO MAY 4, 200$ The Committee considered Corporate Services Department report CRPS-08-023, dated February 1, 2008 concerning a request to operate a Midway. Ms. P. Harris advised that staff is recommending hours of operation consistent with past approvals and no complaints have been received in regard to this Midway operation. On motion by Councillor C. Weylie - it was resolved: "That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from April 24 to May 4, 2008, subject to the following hours of operation: FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11, 200$ - 45 - CITY OF KITCHENER 2. CRPS-0$-023 -REQUEST FOR AMIDWAY - HOMENIUK RIDES INC. - 707 OTTAWA STREET SOUTH -APRIL 24 TO MAY 4, 200$ tCONT'D) Date Start Close Thursda , A ril 24 3:30 .m. 10:00 .m. Frida , A ril 25 3:30 .m. 11:00 .m. Saturda , A ril 26 10:00 a.m. 11:00 .m. Sunda , A ril 27 Noon 10:00 .m. Monday, April 28-Thursday, Ma 1 3:30 p.m. 10:00 p.m. Frida , Ma 2 3:30 .m. 11:00 .m. Saturda , Ma 3 10:00 a.m. 11:00 .m. Sunda , Ma 4 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." 3. CRPS-0$-027 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - MOTORCYCLE RIDE FOR DAD -KITCHENER MEMORIAL AUDITORIUM COMPLEX The Committee considered Corporate Services Department report CRPS-08-027, dated February 5, 2008 concerning a request for a noise exemption. On motion by Councillor C. Weylie - it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the 2008 Motorcycle Ride For Dad Committee for their 5th Annual Grand River (Kitchener) Motorcycle Ride For Dad on June 7, 2008, between the hours of 8:00 A.M. and 10:00 A.M., at the Kitchener Memorial Auditorium." 4. CSD-0$-012 - 200$-2009 GOLF PROFESSIONAL CONTRACT The Committee considered Community Services Department report CSD-08-012, dated January 28, 2008 concerning an agreement for golf professional services. On motion by Councillor C. Weylie - it was resolved: "That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Michael Martz regarding the provision of golf professional services and other related matters for both City of Kitchener golf courses, as set out in Community Services Department report CSD-08-012." CSD-0$-013 -REQUEST FOR NEIGHBOURHOOD ASSOCIATION AFFILIATION - ALPINE COMMUNITY NEIGHBOURHOOD ASSOCIATION The Committee considered Community Services Department report CSD-08-013, dated January 24, 2008 concerning a request to add a new Neighbourhood Association as an affiliated group. On motion by Councillor C. Weylie - it was resolved: FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11, 200$ - 46 - CITY OF KITCHENER 5. CSD-0$-013 -REQUEST FOR NEIGHBOURHOOD ASSOCIATION AFFILIATION - ALPINE COMMUNITY NEIGHBOURHOOD ASSOCIATION tCONT'D) "That the Alpine Community Neighbourhood Association be approved as an affiliated group with the City of Kitchener in accordance with the City's Neighbourhood Association Affiliation policy; and further, That the addition of the Alpine Community Neighbourhood Association be approved as an insured group in the City of Kitchener's third party liability insurance program." 6. CSD-0$-017 -KITCHENER WATERLOO MINOR BOYS SOFTBALL ASSOCIATION - AMENDMENT TO WILSON PARK CONCESSION AGREEMENT RE ASSOCIATION'S NAME CHANGE The Committee considered Community Services Department report CSD-08-017, dated February 5, 2008 concerning an amendment to an agreement to reflect the organization's name change. On motion by Councillor C. Weylie - it was resolved: "That the agreement between the City of Kitchener and Kitchener Minor Boys Softball Association, approved by Council at its special meeting held October 15, 2007, be amended to reflect the Association's name change to Kitchener Waterloo Minor Boys Softball Association." 7. PRESENTATION -WARD BOUNDARY REVIEW -OVERVIEW OF PROCESS Dr. Bob Williams, Consultant, attended to provide an overview of the ward boundary review currently underway. Dr. Williams noted that the review will be conducted in two phases, with phase 1 consisting of a review of past reports /documentation and comparison of best practices of other municipalities. Phase 1 is expected to be completed by the end of February, following which a draft report will be composed outlining various options. Phase 2 will provide opportunity for public comment on the draft report through 7 public open house meetings. Preliminary discussions have yielded two areas of concern to be addressed, being: representation related to the Downtown, and the entire configuration related to growth in the south-west portions of the City. He noted that a web page on the City's website has been opened to provide on-line information regarding this review and he anticipated that a final report would come forward for Council's consideration in June 2008. Mayor C. Zehr referred to Council's earlier decision to increase the size of Council in 2010 from 6 to 10 councillors and asked if the approach being taken is in context of that decision. Dr. Williams advised that the review is being conducted based on a target of 10 wards; however, he noted that the Terms of Reference are worded such that if the consultant believes more may be needed, a different recommendation could come forward. He stated, however, that there would have to be an overwhelming and compelling reason for a change in recommendation and also gave his assurance that the number would not drop below 10. 8. CRPS-0$-025 -PUBLIC MEETING -REPEAL AND REPLACE CHAPTER 50$ OF THE MUNICIPAL CODE tALTERNATIVE MASSAGE CENTRES) The Committee considered Corporate Services Department report CRPS-08-025, dated February 5, 2008 concerning the repeal and replacement of Chapter 508 of the Municipal Code dealing with Alternative Massage Centres. It was noted in the agenda that a public notice was placed in The Record on January 25, 2008 to advise that a by-law to repeal and replace Chapter 508 of the Municipal Code would be considered this date. On invitation by Councillor B. Vrbanovic, no delegations came forward at this time to speak to this matter. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11.200$ - 47 - CITY OF KITCHENER 8. CRPS-0$-025 -PUBLIC MEETING -REPEAL AND REPLACE CHAPTER 50$ OF THE MUNICIPAL CODE tALTERNATIVE MASSAGE CENTRES) tCONT'D) Ms. P. Harris advised that the intent of Chapter 508 is to licence and regulate `holistic' massage parlours and the services they provide, to ensure health and safety and consumer protection. She pointed out that there are two main differences proposed related to hours of operation requiring the business to close by no later than 8:00 p.m. and provision for the principle means of access into the business to be kept unlocked and accessible during all hours of operation. The changes are proposed to ensure the intent of the by-law is maintained; licensees remain in compliance; customers are protected and safe; and to allow for regular inspections and enforcement of the by-law. Ms. P. Harris added that the list to be posted under clauses 17 and 18 refers to the businesses' list of hours of operation, services provided and fees charged. Mayor C. Zehr referred to a letter of objection received from the WL Wellness Centre, received February 8, 2008, in which concerns are raised in regard to the provision to keep the main access into the business unlocked. He noted that the business has two main access doors wherein an outer door is unlocked at all times but the inner door is locked for reasons of security and safety of the business personnel as they may be working simultaneously. Councillor B. Vrbanovic commented that the same concerns would apply to those businesses having a single operator working out of their home. Ms. P. Harris advised that `holistic' massage centres are considered no different than a spa facility or hairdressing salon where patrons freely enter the business premises and questioned the issue of security. Mr. R. Gosse noted that the converse of safety issues could also be applied in that, if a situation should arise requiring expedient access it would be made difficult by the locked door. Mayor C. Zehr acknowledged both the difficulty of accessing the business for inspection purposes and issues raised regarding safety and security. He suggested that if the provision is to remain in the by-law, that staff consider the circumstances and use discretion prior to laying a charge. A representative of Peter and Frank's Beauty Studio Limited, 50-52 Weber Street West, requested permission to address the Committee. The delegation advised that the business has two doors and the inner door is kept closed so that patrons cannot just walk in while the operator is providing service to another customer. He noted that a waiting room is located between the outer and inner door for customers to wait until the operator is available to assist them. Ms. P. Harris advised that staff's concern is with the door being locked as it impedes inspection of the business for enforcement purposes and it makes it difficult to ensure compliance with the by-law. Councillor B. Vrbanovic advised that he wished to go in-camera to discuss a matter of solicitor-client privilege. On motion by Mayor C. Zehr - it was resolved: "That an in-camera meeting be held immediately to consider a matter of solicitor-client privilege." The Committee then recessed at 2:30 p.m. and reconvened at 2:43 p.m. following an in- camera meeting. Mayor C. Zehr requested clarification of the type of business to which the by-law would apply. Ms. P. Harris advised that registered massage therapists are exempt from the by-law and are not licensed by the City as they are regulated at the Provincial level. Complementary Health Centres who provide holistic massage services registered with a recognized association, such as the Reflexology Association of Canada, are exempt from the licence fee but are required to meet all other requirements of the by-law. The remainder of holistic massage therapists, not governed by the Province or registered with a recognized association, are required to obtain a licence from the City and meet all other requirements of the by-law. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11, 200$ - 4$ - CITY OF KITCHENER 8. CRPS-0$-025 -PUBLIC MEETING -REPEAL AND REPLACE CHAPTER 50$ OF THE MUNICIPAL CODE tALTERNATIVE MASSAGE CENTRES) tCONT'D) Mayor C. Zehr stated that on the basis of legal advice received he was prepared to support the draft by-law as written. On motion by Mayor C. Zehr - it was resolved: "That Chapter 508 (Alternative Massage Centres) of the Municipal Code be repealed and replaced based on the proposed by-law dated January 18, 2008 attached to Corporate Services Department report CRPS-08-025." CRPS-0$-026 -ADDENDUM TO REPORT CRPS-0$-009 - REPEAL AND REPLACE CHAPTER 502 OF THE MUNICIPAL CODE tADULT ENTERTAINMENT PARLOURS) The Committee considered Corporate Services Department report CRPS-08-026, dated February 8, 2008 concerning the repeal and replacement of Chapter 502 (Adult Entertainment Parlours) of the Municipal Code. This matter was previously considered at a public meeting of the Finance & Corporate Services Committee held January 28, 2008 at which time the matter was deferred pending further consultation with the industry and consideration of issues raised. The Committee also considered this date further revisions to the draft by-law received from staff and a letter from Mr. Steven McMurray, Solicitor for 1685000 Ontario Limited, o/a Roxxanne's Bar and Grill, dated February 11, 2008. Mr. R. Gosse advised that in consideration of issues raised and as a result of consultation with the industry, further changes were made to the draft by-law. Specifically, the provision to prohibit table dancing has been removed and a definition of the activity as a Class E service added; a definition for `Designated Class E Entertainment Area" has been added; clauses 54 to 59 have been revised to include the phrase `in any manner other than ordinary and non- errotic physical contact as may be found in any business setting' in respect to the requirement of `no physical contact'; and, a floor plan of the business must be provided with the licence application, and must define designated areas for Class E services, for approval by the Manager of Licensing. Mr. Gosse advised that discussions with the industry continued up to and including this date. He referred to concerns relayed in Mr. McMurray's letter of this date, concerning the raised area within the Club and requesting that the words `or areas commonly referred to as V.I.P. rooms' to be removed from sub-clauses 61 (b) and 62 (b) of the by-law. In this regard, staff is proposing further revisions circulated this date which provide new wording for sub-clauses 61 and 62 which excludes reference to V.I.P. rooms to address Mr. McMurray's concerns; and adds the definition of a `Visually-Restricted Area'. Staff believe there should be no enclosed area or area hidden from view within the Club. He pointed out that in previous tribunals the decision of the Tribunal, as adopted by Council, required removal of all enclosed areas and obstructions to ensure compliance with the by-law. Mr. Gosse advised that the additional revisions were provided to industry representatives prior to the start of this meeting. Mr. Steven McMurray spoke on behalf of his client, Roxxanne's Bar and Grill, and while he acknowledged dialogue concerning the draft by-law had been productive he could not agree with the proposed definition of a `Visually-Restricted Area', which he considered vague. He noted that the definition does not specify where one would be looking from to encounter an obstruction and stood by his original suggestion to remove the phrase `commonly referred to as V.I.P. rooms' from sub-clauses 61 (b) and 62 (b). He suggested that if the proposed definition is added to the by-law, it would remove the Manager of Licensing's discretion in approving the required floor plan. He suggested that the definition is specifically directed at the raised area at Roxxanne's, for which he previously had circulated pictures showing the area. He pointed out that a half wall around the area is required according to Building Code for reasons of safety but if the proposed definition is approved the wall will not be permitted. He advised that his client wishes to provide table dancing in the raised area and noted that the wall is made of plexi-glass material which can be seen through but the definition states that a wall would not be permitted regardless of materials used. Mr. McMurray pointed out that the original by-law stated that the designated area must be visible from the main stage. He commented that he was recently advised by the Manager of Licensing that an inspection FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11.200$ - 49 - CITY OF KITCHENER 9. CRPS-0$-026 -ADDENDUM TO REPORTCRPS-0$-009 - REPEAL AND REPLACE CHAPTER 502 OF THE MUNICIPAL CODE tADULT ENTERTAINMENT PARLOURS) tCONT'D) was conducted on February 7, 2008 during which the By-law Enforcement Officer was unable to fully view table dancing activities in the raised area while sitting in the main floor area. He suggested that if this is considered as an obstruction it would be cause for major concern as it was his opinion it was not reasonable to expect that an inspector be able to see from all areas within the Club at any one time. He expressed the opinion that the definition was unnecessarily restrictive, suggesting that the half wall does not restrict the view or make it a private area and typically there are a number of customers together in the area in full view of each other. He suggested that the by-law already covers what cannot be designated as a Class E Service area by providing that they are not permitted to be in any private, enclosed or visually-restricted area. He re-iterated that in his opinion the definition does not provide any discretion to the Manager of Licensing to work with the business if an objection is raised in respect to the floor plan and suggested if approved, the definition would place his client's entire business operation in jeopardy. Mayor C. Zehr questioned the height of the plexi-glass wall and Mr. McMurray responded that it is the same height as the couches which are under 36" and runs along the top of the raised area. Mayor Zehr inquired that if the definition was included in the by-law but worded to permit transparent material such as plexi-glass if that would make a difference. Mr. McMurray maintained that the definition is not needed, re-iterating that sub-clauses 61 and 62 already cover what cannot be designated as a Class E Service area and if not complied with, it should be left to the Manager of Licensing's discretion to refuse the licence. Mayor C. Zehr asked the delegation if it would not be better to have a definition and Mr. McMurray responded that he would rather place faith in the Manager of Licensing to make a determination as to whether or not the floor plan complies. Mayor Zehr commented that this was part of the cause for concern at the previous meeting in that, it leaves the meaning open for differing interpretations. Mr. McMurray stated that in such instance he suspected the Manager of Licensing would refuse the licence but was not sure that could be done with the proposed definition. Mr. R. Gosse spoke to the issue of discretion, commenting that the intent of the definition is to provide the Manager of Licensing with specified criteria so that a decision is not made subjectively. In respect to the plexi-glass half wall, Mr. Gosse advised that it would not fall under the proposed definition as the definition talks about materials that obstruct the view. He pointed out, however, what may be considered as an obstruction are pieces of furniture placed on the inside of the plexi-glass wall that then impair sightlines. He then commented on the recent inspection, suggesting that an inspector should be able to inspect the area with relative ease. He again referenced the decisions of the Tribunal, as adopted by Council, wherein removal of all visual obstructions (ie. V.I.P. areas) from both establishments was required and it was his opinion, that by not including the proposed definition it would equate to a reversal of the direction given by Council. Councillor K. Galloway suggested that in both Tribunal cases the licensees had offered to remove all obstructions in the designated areas, to which the City had agreed and then applied as conditions. Mr. McMurray added that Roxxanne's took down the semi-transparent curtain in accordance with what was agreed upon and suggested furniture can be placed at the discretion of the Manager of Licensing so activities can be seen from one end to the other. Mr. R. Gosse pointed out that the conditions applied to Roxxanne's in respect to the decision of the Tribunal were negotiated as opposed to just being offered and were rendered by the Tribunal in the case of The Doll House. In response to Councillor B. Vrbanovic, Mr. Gosse advised that problems still exist in both establishments with furniture placed within the plexi-glass wall at Roxxanne's covering the wall on three sides such that when standing on the floor or seated you cannot see into the area and while the wall was removed from The Doll House, the lighting has now been dimmed such that it creates visual impairment. Councillor Vrbanovic asked staff to comment on Mr. McMurray's statement that it is not reasonable to expect that an inspector should be able to see everywhere within the area from everywhere else within. Mr. Gosse advised that staff is not saying that all furniture would have to be removed but at least the middle couch FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11.200$ - 50 - CITY OF KITCHENER 9. CRPS-0$-026 -ADDENDUM TO REPORTCRPS-0$-009 - REPEAL AND REPLACE CHAPTER 502 OF THE MUNICIPAL CODE tADULT ENTERTAINMENT PARLOURS) tCONT'D) from each of the three sections should be removed so one can see through those areas. As the furniture is configured now, one has to go to a particular vantage point to see in. Mr. Gosse agreed that it should not be expected to see from every single area in the establishment but there should be reasonable viewing from most areas. He added that the wording of the by-law has been changed in respect to the area being viewed from the main stage as it was determined through the Tribunals that unless actually standing on the stage you could not see in the area which was problematic from an enforcement perspective. Ms. S. Williams commented that the proposed by-law requires all entertainment to be conducted with unobstructed viewing and is in accordance with Council's direction and case law. She pointed out that in consulting with the industry Council is not obliged to agree with all wishes of the licensees. Ms. Williams stated that in accordance with Council's direction staff is eliminating V.I.P. areas because they have been found to be problematic and to ensure there is compliance. Mr. Bill Papazotos, 2027625 Ontario Ltd., o/a The Doll House, 6 Bridge Street West, raised concerns with the proposed definition of a `Visually-Restricted Area', commenting that an inspector is free to go wherever they wish to go within the establishment. He added that he was not aware that the City was concerned with respect to the lighting in his establishment and suggested that it was not a problem given staff working at the Club do not have any problems getting around to complete their tasks. He added that furniture is necessary for the comfort of the patrons to the business. Mr. Papazotos also raised concerns with sub-clause 63 (b) as it relates to postage of signage in attendants' dressing rooms, all washrooms and at all public entrances to advise `sexually transmitted infections can be transmitted through unprotected sexual contact'. He stated that while the statement is true, he could see no reason for the requirement to post such a sign in his establishment and by doing so, he suggested that it would jeopardize the reputation of his business. Mr. Papazotos advised that he is in negotiations to sell his business and may surrender his licence at a time in April 2008. He pointed out that the licence fee increased substantially from the original fee of $250. to $4,200. and he would stand to lose 50% of the current fee once the licence is surrendered. He asked that his licence be pro-rated so the business pays only for the months it operates in 2008. In regard to Mr. Papazotos comments, Mr. R. Gosse advised that furniture in and of itself is not a problem unless it is placed in such a manner as to obstruct the view of activities in the designated areas. He noted that sub-clause 63 (b) mirrors the City of Ottawa's by-law and staff consulted with the Waterloo Region Public Health Unit who had no concerns with the clause. Mr. Gosse suggested, however, that if it was the Committee's wish to remove the clause, staff would have no concerns. He asked that sub-clause 63 (a) remain as patrons do not always have an understanding of the `no physical contact' rule and it assists with their compliance. He added that the provisions for refunding the licence fee when a licence has been surrendered has not changed from the previous by-law and if the licence is surrendered prior to April 1St the licensee would be entitled to a 75% refund, whereas after April 1St would be entitled to only 50%. Mr. Gosse noted that Council dealt with and approved the 2008 business licence fees by resolution in November 2007. Ms. J. Sheryer commented in respect to the plexi-glass wall and furniture, pointing out that the last part of the definition fora `Visually-Restricted Area' states that furniture, objects and structural walls or anything shown within the designated area on the floor plan approved by the Manager of Licensing and placed in accordance with the floor plan is to be excluded and therefore, is allowed. Councillor B. Vrbanovic questioned the feasibility of pro-rating the licence fee, except in the instance where the licence is to be revoked. Mr. Papazotos advised that he had paid the licence fee up front for 2008 and considered forfeiting 50% of the licence fee a substantial loss. Mayor C. Zehr pointed out that the refund would only happen if and when the licence is surrendered. Mr. Gosse concurred re-iterating that if the licence is surrendered prior to April 1 the licensee would be entitled to a 75% refund. He added that the refund policy is the same for all business licences issued. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11.200$ - 51 - CITY OF KITCHENER 9. CRPS-0$-026 -ADDENDUM TO REPORTCRPS-0$-009 - REPEAL AND REPLACE CHAPTER 502 OF THE MUNICIPAL CODE tADULT ENTERTAINMENT PARLOURS) tCONT'D) Councillor B. Vrbanovic referred to the definition fora `Visually-Restricted Area' as it compares to sub-clause 65 (2) in respect to the floor plan, suggesting an inconsistency as the latter requires all items on the floor plan to be shown that are in excess of 36", whereas the definition does not contain a height restriction. Mr. Gosse advised that the floor plan is to provide a visual of all aspects of what the establishment will look like but as they are 2 dimensional it cannot be determined if items are over 36" without requiring the licensee to specify those items on the floor plan. Mayor C. Zehr commented that having read the definition again he was satisfied that the last part of the definition provides that if the items are placed so as to restrict, obstruct or obscure visibility they will not be permitted but otherwise may be approved by the Manager of Licensing. Ms. Sheryer concurred with Mayor Zehr's understanding of the definition. He questioned if the same wording was necessary to be in sub-clauses 61 and 62 and Ms. Sheryer advised that staff is of the opinion the wording is appropriate as it ties in with the definition of a `Visually-Restricted Area' which will be included in the definition section of the by-law. Mayor C. Zehr stated that it was his opinion that there should be no change in the licence fee as requested by Mr. Papazotos as Council has already dealt with and approved the fee structure for 2008 but he did agree that sub-clause 63 (b) concerning signage could be removed. He added that he agreed that it was probably not reasonable to expect to see activities from within the entire area of the Club at all times and one may have to move from one vantage point to another. Councillor B. Vrbanovic questioned in this respect, if the wording of the definition was appropriate and Mayor Zehr stated that he believed that it was as it does not specifically reference that the entire room must be seen from any one vantage point. Councillor Vrbanovic referred to the reference made by Mayor Zehr that stipulates any type of barrier situated so as to obstruct, suggesting the wording does not allow for movement from one vantage point to another. Mayor Zehr clarified that `so as to' is used to differentiate between placing items, such as furniture inside a plexi-glass wall, that creates an obstruction which would not be permitted and an area designed with an unobstructed view allowing one to move from one vantage point to another to see in. Mr. Gosse added that the definition provides for the Manager of Licensing to have discretion in respect to approval of the floor plan. In response to Councillor J. Smola, Mr. Gosse advised that in respect to Roxxanne's staff would request that some couches be removed from each of the three walls to allow a person to see through those areas and in respect to The Doll House, staff would request that the lighting be adjusted to provide clear visibility. Councillor B. Vrbanovic questioned what has changed since the negotiated agreements to cause new concerns. Mr. R. Gosse stated that in negotiating no one could have contemplated that in asking The Doll House to remove the V.I.P. area they would remove the wall but then dim the lights in the area which maintains a visual obstruction; nor in having asked Roxxanne's to remove the curtain, in complying they would then place furniture that maintains a visual obstruction. Mayor C. Zehr stated that he was satisfied that the changes to the by-law as requested by staff, and including the delegates request to remove sub-clause 63 (b), allows the operators to continue their business as they wish to and they are still able to have a designated area with restrictions that ensure an unobstructed view. On motion by Mayor C. Zehr - it was resolved: FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11, 200$ - 52 - CITY OF KITCHENER 9. CRPS-0$-026 -ADDENDUM TO REPORTCRPS-0$-009 - REPEAL AND REPLACE CHAPTER 502 OF THE MUNICIPAL CODE tADULT ENTERTAINMENT PARLOURS) tCONT'D) "That Chapter 502 (Adult Entertainment Parlours) of the Municipal Code be repealed and replaced based on the proposed by-law dated February 7, 2008 attached to Corporate Services Department report CRPS-08-026, and as amended at the February 11, 2008 Finance & Corporate Services Committee meeting to include: a definition of "Visually-Restricted Area"; removal of reference to V.I.P. areas from clauses 61 and 62 of the by-law; and deletion of sub-clause 63(b) in its entirety." 10. CRPS-0$-024 - 200$ STREET VENDOR BY-LAW The Committee considered Corporate Services Department report CRPS-08-024, dated February 4, 2008 concerning a by-law to licence street vendors in the City. Ms. P. Harris advised that several changes to the by-law have been made including a 6% fee increase consistent with all other types of business licences in 2008 and greater variety of food products will be permitted to be sold under the Ontario Food Premises Regulations provided the licensee obtains approval from the Region of Waterloo Health Department. At the request of Councillor B. Vrbanovic, it was agreed that the staff recommendation include direction to staff to dialogue, together with the Kitchener Downtown Business Association, in respect to any future changes to the by-law that may be required as a result of the King Street Streetscape re-construction project. On motion by Councillor C. Weylie - it was resolved: "That a by-law to licence Street Vendors in the City of Kitchener be prepared for Council's consideration on February 25, 2008, based on the proposed draft by-law attached to Corporate Services Department report CRPS-08-024; and further, That discussions among appropriate staff and the Kitchener Downtown Business Association be undertaken to ascertain any future changes that may be required to the Street Vendors By-law in regard to the King Street Streetscape reconstruction project." 11. CAO-0$-006 -COMMUNITY ENGAGEMENT STRATEGY DEVELOPMENT The Committee considered Chief Administrator's Office report CAO-08-006, dated January 31, 2008 outlining Terms of Reference and a project work plan for development of a Community Engagement Strategy. Ms. Abbie Grafstein advised that Compass Kitchener has moved forward on the strategic objective of developing a Community Engagement Strategy as part of it's 2007-2008 work plan and anticipates coming forward with a report in the Fall of 2008. The Terms of Reference and the project work plan have been provided for the Committee's endorsement. Ms. Grafstein noted that the completed strategy will provide a corporate framework for community engagement, including identifying the barriers and providing a more inclusive approach. Councillor B. Vrbanovic noted that Council is listed as a stakeholder and while he agreed individual Councillors should not be on the project team, he suggested and it was agreed, that a staff representative from the Mayor's Office should be appointed to the team. On motion by Councillor J. Smola - it was resolved: "That the Community Engagement Strategy Terms of Reference, be endorsed, as attached to Chief Administrator's Office Committee report CAO-08-006, and as amended at the February 11, 2008 Finance & Corporate Services Committee meeting to provide that a staff representative from the Mayor's Office be added to the Community Engagement Strategy Project Team. " FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11.200$ - 53 - CITY OF KITCHENER 12. CAO-0$-007 -DIVERSITY STRATEGY DEVELOPMENT The Committee considered Chief Administrator's Office report CAO-08-007, dated January 31, 2008 which provides an update on activities in support of developing a diversity strategy, as identified in `A Plan for a Healthy Kitchener, 2007-2027'. Ms. Abbie Grafstein advised that this is a new strategic direction for the City but is not a new focus for many operational units or corporately. An inventory is currently being taken to ascertain the programs, projects, services and strategies already in place and is an important first step in achieving strategic directions for diversity. An outline of activities specifically related to the work for this project was provided and Ms. Grafstein advised that a further update report will come forward in the Spring with more specific actions identified. Mayor C. Zehr commented on language barriers and inquired how the issue of communication is being dealt with in respect to a diversified population. Ms. Grafstein advised that a number of strategies have begun to be formulated under the Community Engagement Strategy project which includes investigating translation of written materials which may not include a complete translation of large documents but as a minimum would include a summary page. She added that resources such as the Canadian Census and the Multi-Cultural Centre may assist in determining what languages exist in the community, from which a determination can be made as to what languages may be best used for translations. She noted that community centres are looking at day-to-day operations to determine missing links relative to diversity and ultimately will require an understanding of neighbourhoods / community profiles and demographics. Councillor C. Weylie suggested staff also consult with the School Boards who work daily among a diversified school population. On motion by Mayor C. Zehr - it was resolved: "That Chief Administrator's Office report CAO-08-007 (Diversity Strategy Development) be received as information." 13. CAO-0$-019 -CITY PARTICIPATION IN EARTH HOUR INITIATIVE The Committee considered Chief Administrator's Office report CAO-08-019, dated February 6, 2008 concerning a request to endorse the City's participation in Earth Hour on March 29, 2008. Earth Hour is an initiative launched by the City of Sydney, Australia in 2007 which asks participants to turn off their lights for one hour on March 29 from 8:00 - 9:00 p.m. Ms. Colleen Collins advised that since writing of this report, staff have determined that the Region of Waterloo is not planning to participate as a corporation but will encourage Regional staff to participate on an individual basis. Staff is recommending Kitchener participate as the event will help to raise awareness on how small initiatives can lead to big impacts in fighting climate change and the initiative is in keeping with the City's environmental strategic directions. On motion by Councillor C. Weylie - it was resolved: "That the City's registration and participation in Earth Hour on March 29, 2008, be endorsed and staff be directed to find ways of encouraging other citizens, businesses and organizations within the community to participate." 14. DTS-0$-02$ -INTERSECTION CONTROL -BLOCK LINE ROAD-RITTENHOUSE ROAD The Committee considered Development & Technical Services Department report DTS-08- 028, dated January 28, 2008 concerning traffic control at the intersection of Block Line Road and Rittenhouse Road. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES FEBRUARY 11, 200$ - 54 - CITY OF KITCHENER 14. DTS-0$-02$ -INTERSECTION CONTROL -BLOCK LINE ROAD-RITTENHOUSE ROAD tCONT'D) Mr. J. McBride advised that following completion of a traffic study, staff is recommending traffic control at the intersection of Block Line Road and Rittenhouse Road remain as is. The study based on vehicle volume, split and/or collisions, demonstrated that volumes do not warrant an all-way stop at this intersection and there is no history of collisions. It was noted that the existing arrangement is better from an environmental perspective and that there are other alternatives for turning left from within this subdivision. On motion by Mayor C. Zehr - it was resolved: "That the existing traffic control at the intersection of Block Line Road and Rittenhouse Road remain, with traffic on Rittenhouse Road being required to stop and yield to through traffic on Block Line Road." 15. DTS-0$-029 -FIREFIGHTER FELLOWSHIP EXCHANGE PROGRAM The Committee considered Development & Technical Services Department report DTS-08- 029, dated January 30, 2008 concerning a request for the City's Fire Services to participate in an International Firefighter Fellowship Exchange Program. Deputy Fire Chief Gary Mann advised that an opportunity has been presented for an individual firefighter to enter the exchange program with a member of the New Zealand Fire Services. He advised that all travel costs and living expenses will be the responsibility of the individual participating in the program and under agreement between the two individuals, they will exchange lodgings and jobs. At the request of Councillor B. Vrbanovic, Deputy Fire Chief Mann agreed to investigate matters concerning provision of International health insurance and Workers Compensation liability, with an updated report to be provided for the February 25, 2008 Council meeting. On motion by Councillor C. Weylie - it was resolved: "That the City of Kitchener Fire Services' participation in the International Firefighter Fellowship Exchange Program be approved." 16. DTS-0$-031 -FIRE DEPARTMENT CANINE PROGRAM UPDATE The Committee considered Development & Technical Services Department report DTS-08- 031,dated January 23, 2008 concerning discontinuation of the Fire Services Canine program. On motion by Mayor C. Zehr - it was resolved: "That Development & Technical Services Department report DTS-08-031 (Fire Department Canine Program) be received as information." 17. ADJOURNMENT On motion, the meeting adjourned at 4:12 p.m. Janet Billett, AMCT Committee Administrator