Loading...
HomeMy WebLinkAboutFinance & Corp - 2003-06-23FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 23~ 2003 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 9:38 a.m., chaired by Councillor B. Vrbanovic, with the following members present: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, J. Smola and J. Gazzola. Others Present: Ms. C. Ladd, Ms. P. Houston, Ms. J. Koppeser, Ms. J. Sheryer, Ms. G. Luciantonio, Ms. R. Pitfield, Ms. C. Heal and Messrs. J. Fielding, G. Sosnoski, F. Pizzuto, S. Turner, B. MacDonald, G. Richardson and R. Gosse 1. FIN-03-028 - 2002 ANNUAL FINANCIAL REPORT The Committee was in receipt of Financial Services Department report FIN-03-028, dated June 19, 2003 and the 2002 Annual Financial Report. Mr. B. MacDonald, Manager Budget and Financial Services and Mr. G. West from the City's Auditors, Ernst & Young, gave a Powerpoint presentation highlighting the Financial Report. Mr. West stated that the key performance indicators showed that the City of Kitchener is in very good shape financially, but he did raise a concern with respect to the collection of outstanding taxes. He explained that since the installation of the tax system in 1999 it has been difficult for staff to generate a report showing the older tax arrears. Mr. West suggested that although there has been improvement in this area, resources are needed in the Revenue and IT Divisions to increase tax collection and reduce the outstanding tax balances. Mr. West also pointed out two other issues regarding the reserve funds for Sick Leave Credit and Post Retirement Benefits. He explained that the City had targeted a Sick Leave Reserve Fund of 25 percent, whereas currently there is only 10 to 15 percent in that fund. He further explained that the City pays certain benefits on behalf of its' retired employees up to the age of 65, yet has not established a Reserve Fund for this liability and he suggested that the City consider a target of 25 percent for the fund. Councillor J. Gazzola enquired about the Recreation Capital Budget which was set at approximately 15 million dollars yet approximately 22 million dollars was spent in 2002. B. MacDonald explained that this was due to the expansion of the Auditorium. Mayor C. Zehr suggested that the Auditorium expansion was budgeted but due to how the Financial Report records Capital Expenditures with respect to the 10 year forecast, the budgeted amount and the actual amount spent may not be shown in the same year. Mayor Zehr suggested that in future a note be added to the Financial Statement whenever this occurs. In answer to a question from Mayor Zehr, B. MacDonald stated that the appropriate payments and remittances for 2002 have been made by the City of Kitchener. In reply to a question from Councillor M. Galloway, Ms. P. Houston explained that a report would be presented to the Finance and Corporate Services Committee in August 2003, with a proposal regarding the collection of outstanding tax arrears. The Committee extended their appreciation to staff for the work done in 2002 resulting in a surplus and in providing the Financial Statement this year. On motion by Councillor J. Gazzola - it was resolved: "That the 2002 Annual Financial Report attached to Financial Services Department Report, FIN-03-028, be received for information." CRPS-03-118 - REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 530 (DOGS) - INSTANT REPLAY FLYBALL TOURNAMENT - JULY 19 & 20, 2003 The Committee was in receipt of Corporate Services Department report CRPS-03-118, dated, June 13, 2003 concerning a request for an exemption from the Pit Bull Provisions of Municipal Code Chapter 530 (Dogs) to allow Pit Bulls to compete in the Flyball Tournament at Bingeman Park on July 19 and 20, 2003. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -74- CITY OF KITCHENER CRPS-03-118 - REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 530 (DOGS) - INSTANT REPLAY FLYBALL TOURNAMENT - JULY 19 & 20, 2003 (CONT'D) On motion by Councillor M. Galloway - it was resolved: "That the request of John Cocking, Instant Replay Flyball Team, for an exemption from the Pit Bull provisions of Municipal Code Chapter 530 (Dogs) to allow Pit Bulls to compete in the Flyball Tournament in Marshall Hall at Bingeman Park, on July 19 and 20, 2003, be approved, subject to the following conditions: a) the operators of the Tournament shall provide the Kitchener-Waterloo and North Waterloo Humane Society, in advance, with a list of those individuals bringing and handling Pit Bulls; and, b) all Pit Bulls shall be muzzled and kept on a short leash while outside the Marshall Hall premises at Bingeman Park." CRPS-03-124 - REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 450) (NOISE) - UNITY JAM EVENT - KITCHENER YOUTH ACTION COUNCIL - JULY 1, 2003 The Committee was in receipt of Corporate Services Department report CRPS-03-124, dated June 18, 2003 concerning a request for an exemption to Chapter 450 (Noise) to allow the Kitchener Youth Action Council to hold their Unity Jam Event on July 1,2003. Councillor J. Gazzola pointed out that in the past complaints have been received regarding noise from this event and questioned how this would be handled this year. Mr. S. Turner, Director of By-Law Enforcement, explained that discussions have taken place with Community Services and the Kitchener Youth Action Council and he has received assurances that noise by-law infractions will not take place. Should there be problems from this year's event the recommendation next year would be to not grant the exemption. On motion by M. Galloway - it was resolved: "That exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Youth Action Council for their Unity Jam event on July 1, 2003, between the hours of 6:00 P.M. and 11:00 P.M." CRPS-03-120 - REQUEST TO HOLD SUMMER FESTIVAL -WEBER PARK - CENTRAL FREDERICK NEIGHBOURHOOD ASSOCIATION - SEPEMBER7, 2003 The Committee was in receipt of Corporate Services Department report CRPS-03-120, dated June 17, 2003, concerning a request to hold a summer festival in Weber Park on September 7, 2003. On motion by Councillor J. Smola - it was resolved: "That the Central Frederick Neighbourhood Association be approved to sell food in Weber Park, 380 Frederick Street, during the annual Summer Festival on September 7, 2003, provided the necessary licence, including Health and Fire approval, is obtained; and further, That the Central Frederick Neighbourhood Association Summer Festival on September 7, 2003 be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with the event." JUNE 23~ 2003 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 75 - CITY OF KITCHENER CRPS-03-121 - REQUEST TO LOCATE FOOD VENDORS ON KING STREET - KITCHENER DOWNTOWN BUSINESS ASSOCIATION CRUSlNG ON KING STREET EVENT - JULY 4, 2003 The Committee was in receipt of Corporate Services Report CRPS-03-121, dated June 17, 2003, concerning a request for food vendors in Victoria Park and on King Street during Cruise Night, July 4, 2003. On motion by Councillor J. Gazzola - it was resolved: "That the request of the Kitchener Downtown Business Association (KDBA) to invite 6 food vendors to sell in Victoria Park and on King Street during Cruise Night on July 4, 2003, be approved, provided the necessary licence is obtained, including Health and Fire approval." DTS-03-119 LIQUOR LICENCE APPLICATION REVIEW OUTDOOR PATIOS (FRONT / REAR) HARRY'S GRILL, 200 KING STREET The Committee was in receipt of Development and Technical Services Department report DTS- 03-119, dated June 17, 2003 concerning a Liquor Licence Application Review for front and back patios for Harry's Grill at 200 King Street East. Ms. C. Heal, Downtown Development Officer, informed the Committee that the applicant has withdrawn their application for the patio to be located at the front of 200 King Street East, but is still making application for the rear patio. Ms. Heal also pointed out that with the elimination of the front patio, the applicant is now looking for a patron capacity on the rear patio up to 25 rather than 20 which is listed in the report to the Committee. Ms. Janet Teern (owner and operator of Harry's Grill), attended in support of the recommendation from staff and informed the Committee that she was committed to address any concerns that her neighbours may have regarding the rear patio. On question from Mayor C. Zehr, Ms. Teern explained that with the addition of the 430 square foot patio, three parking spaces would be eliminated. The Committee agreed to amend Clause 19 of the agreement to allow a maximum occupancy of 25. On motion by Councillor J. Smola - it was resolved: "That Council take no action to oppose the application for an outdoor liquor licence for Harry's Grill, applied for by Janet Tern, to be located at the back of 200 King Street East, Kitchener, provided that the applicant agrees to the following agreement: The Applicant agrees to voluntarily request the following conditions be added to the liquor licence of the back patio and failing such agreement in writing, the City of Kitchener objects to the issuance of this liquor licence application. In the event that the Alcohol and Gaming Commission of Ontario (AGCO), in its discretion, does not add the following conditions to the licence for the back patio, the Applicant agrees to have those conditions added to and form part of the "private agreement conditions" and understands that the City's non-objection to the issuance of the licence for the back patio is based on that agreement and continued compliance with it. The Applicant agrees: 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 & Entertainment Committee and attend its meetings. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 76 - CITY OF KITCHENER 6. DTS-03-119 LIQUOR LICENCE APPLICATION REVIEW OUTDOOR PATIOS (FRONT / REAR) HARRY'S GRILL, 200 KING STREET (CONT'D) To abide to a set 45% monthly ratio of alcohol sales to gross refreshment sales (including, food and other sundries) as set out in her application (in other words, alcohol sales will be limited to 45% of gross refreshment sales). To 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 the outdoor patio, without the consent of the City's Council. 5. To comply with the Noise By-law and the Smoking By-law. 6. To ensure that customers of Harry's Grill not park their vehicles at any of the neighbouring private parking lots. 7. Not to play any music, live or pre-recorded, on the patio after 11:00 p.m. 8. Not to create any garage-door-like wide opening on either the front or the back of the property. 9. To ensure that its patio operation complies with all federal, provincial and municipal laws including the Ontario Health Protection and Promotion Act and the Liquor Licence Act. 10. To ensure that at all times the patio furnishings are situated in a way that does not impede the ingress and egress to the premises or obstruct the access to fire department siamese connections. 11. To equip the patio with a refuse container, clearly visible to the customer. 12. To keep the patio and the area around the patio free from refuse and shall pick up immediately any refuse/litter originating from the patio in the area adjacent to the patio to prevent it from blowing around to neighbouring areas. 13. To clean up immediately any spills originating from the operation of the patio in the patio area and in the area adjacent to the patio to prevent spills from being tracked to neighbouring areas/businesses. 14. To remove any stains in the patio area and in the area adjacent to the patio. 15. To maintain the fencing to be between 42" and 48" in height; to keep the fencing in good repair; and not to construct any chain link fencing. 16. To display an incidental sign within the patio area stating 'No shirt, no shoes, no service. 17. To impose a dress code standard on its premises and extend the same to the patio operation, specifically requiring all patrons to wear shirts. The applicant shall be responsible for enforcing said requirement. 18. To provide outdoor supervision of the patio to ensure that the behaviour of their patrons is not unreasonable and the applicant shall not permit customers on their patio to yell, shout, whistle or harass passersby in any way. 19. To ensure that the occupancy of the patio does not exceed 25. 20. Not to allow people to loiter/congregate within and around the perimeter of the patio. 21. To ensure that all beverages to be consumed in the patio area are served in plastic or acrylic glasses. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 23~ 2003 - 77 - CITY OF KITCHENER 6. DTS-03-119 LIQUOR LICENCE APPLICATION REVIEW OUTDOOR PATIOS (FRONT / REAR) HARRY'S GRILL, 200 KING STREET (CONT'D) 22. To ensure that no animals, in particular dogs, are permitted in the patio area or leashed to the patio fence. The applicant shall not encourage patrons to leash their animals to street furniture or provide water bowls for the animals. 23. To install the "What do you think about my patio?" sign on the longest street side of the patio fencing immediately upon installing the fencing and executing this agreement. And further, the applicant agrees to display said sign on the street side of the patio for the term of this agreement. In the event there is a problem relating to the installation of the sign, the applicant shall immediately bring said problem to the attention of the City's Manager of Licensing so the problem can be resolved. 24. These conditions shall bind all successors, assigns and subsequent licence holders (if any)." 7. CRPS-03-096 - LODGING HOUSE LICENSE - PUBLIC NOTIFICATION PROCESS The Committee was in receipt of Corporate Services Department report CRPS-03-096, dated June 18, 2003, concerning public notification relating to the renewal of lodging house licences. Mr. S. Turner, Director of By-Law Enforcement, explained that staff was previously directed to bring forward this report regarding public notification of lodging house licences. He also pointed out that the Planning Division was investigating the establishment of distance separation between lodging houses in order to reduce a proliferation of these types of residences in a neighbourhood. On question, Mr. Turner explained there were approximately 25 licenced lodging houses in the City. Councillor C. Weylie raised a concern that the occupants or the tenants of neighbouring houses would not receive notices if the notices were only addressed to the owner. In some cases the neighbouring properties may be rented out therefore, those residents directly affected by a lodging house may not have an opportunity to submit their comments. Councillor B. Vrbanovic expressed a concern regarding the 60 metre distance for giving notice of the renewal and requested that staff investigate implications of expanding that distance to 120 metres and report back at the July 2, 2003 Council Meeting. On motion by Councillor C. Weylie - it was resolved: "That the public notification process, as outlined in Corporate Services Department Report CRPS-03-096, be amended by including occupant/tenants in addition to the owners, as recipients of the notice related to the renewal of lodging house licences, and; That staff implement the process, as amended in Report CRPS-03-096, to allow for public notification and comments relating to the renewal of lodging house licences, beginning in the 2004 licence renewal year; and further, That Legislated Services investigate the feasibility of establishing a Licensing Review Committee and report back to a future meeting of the Finance and Corporate Services Committee." FIN-03-026 - NATURAL GAS RATES The Committee was in receipt of Financial Services Department report FIN-03-026, dated June 18, 2003, concerning the Gas Service Rates. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES JUNE 23~ 2003 -78 - CITY OF KITCHENER 8. FIN-03-026 - NATURAL GAS RATES (CONT'D) On motion by Mayor C. Zehr - it was resolved: "That any action on the implementation of the Ontario Energy Board approved rates for Southwestern Ontario slated for effect July 1, 2003 be deferred until April 1, 2004 or beyond; and further, That staff be directed to review the supply and transportation components of the rates by September 15, 2003 with the intent of keeping rates constant until April 1,2004." SSD-03-022 - LICENCE AGREEMENT VICTORIA PARK BOATHOUSE The Committee was in receipt of Strategic Services Department report SSD-03-022, dated June 16, 2003, regarding a proposed three year licence agreement for the Victoria Park Boathouse. Ms. P. Bacon, Senior Economic Development Officer, advised that the City has negotiated an agreement with Hannah and Glen Santos for a three year licence to allow a restaurant to operate year round within the boathouse of Victoria Park and a food and beverage concession during the summer. Ms. Bacon advised that this agreement has been structured differently than past agreements by eliminating the provision that the City cover capital improvements to the boathouse. Councillor J. Gazzola suggested that the property be valued for rental use in order to determine all costs to the City. Mayor C. Zehr added that knowing the market rental rates would be a good idea but would be difficult to obtain and he suggested that the rental income was secondary to providing the service within the park. On motion by Councillor C. Weylie - it was resolved: "That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to sign an agreement with Hannah and Glen Santos providing for a three year License Agreement to allow a restaurant use to operate year round within the 'Boathouse' in Victoria Park; a food and beverage concession at the Boathouse; a snack concession in the summer kitchen; and two portable ice cream stands in Victoria Park to operate during the summer months; as set out in Strategic Services Department report SSD-03-022." 10. CRPS-03-122 - AGREEMENT & CONTRACT INVENTORY - 2002 / 2003 The Committee was in receipt of Corporate Services Department report CRPS-03-122, dated June 17, 2003, concerning Agreement & Contract Inventory under Council Policy 1-180. Mr. G. Sosnoski, General Manager Corporate Services Department advised that revisions to Policy I-180 regarding agreements/contracts provided that the Finance and Corporate Services Committee on an annual basis review a comprehensive inventory of the City's agreements and contracts. G. Sosnoski explained that the reason for the report was to seek direction from the Committee as to their preference with respect to the annual date they wish to receive this report in the future. Councillor B. Vrbanovic suggested that there are other statutory requirements of the City that should be reported on annually and perhaps staff could look into a comprehensive annual report which would include the agreement and contract inventory. J. Fielding, Chief Administrative Officer, advised that staff would look into this suggestion and report back to the Committee. JUNE 11. 23~ 2003 CAO-03-004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 79 - CITY OF KITCHENER - PERFORMANCE MANAGEMENT: PILOT STUDY REPORT 12. The Committee was in receipt of Chief Administrative Officer's Report CAO-03-004, dated June 16, 2003, concerning the Pilot Project to recognize managerial performance. J. Fielding, Chief Administrative Officer, advised the report was to provide an update on the Pilot Study. Councillor J. Gazzola indicated that the material attached to the report was quite extensive and complex and that he would like time to fully understand the Pilot Study and suggested deferral of the item. Mayor C. Zehr pointed out that Council had made a previous agreement to review the Pilot Study report in a timely manner. On motion by Councillor J. Gazzola - it was resolved: "That Chief Administrator's Office report CAO-03-004 (Performance Management: Pilot Study Report), be deferred and referred to the August 11, 2005 Finance and Corporate Services Committee meeting; and further, That any recommendation arising from the Committee be ratified by Council at its' Special Meeting to be held that date." DD-03-002 - CENTRE BLOCK AREA LAND USE STRATEGY The Committee was in receipt of Downtown Development report DD-03-002, dated June 16, 2003, concerning an update on the direction of the Centre Block Area Land Use. Mr. Glen Richardson, Manager Downtown Design and Development, provided an overview of the report pointing out the various blocks within the Downtown area and the appropriate uses identified with each of the blocks. Councillor J. Gazzola questioned the purpose of the report and asked what staff was requesting Council to do at this time. Mr. F. Pizzuto, General Manager Downtown Development, explained the report is an update of the Downtown development and provides Council with the thinking and direction that staff is taking in this matter and that no decision is being requested at this time. On further questions from Councillor Gazzola, F. Pizzuto explained that although currently institutional use was being pursued the challenge will be to balance this use with the private commercial use which staff believe will follow once some of the institutional uses are established. Mayor C. Zehr suggested that it was time to change the name of the Project and Steering Committee from Centre Block as the project deals with all blocks in the Downtown area. F. Pizzuto advised that staff and the Steering Committee will discuss this further and report back to Council. Mayor Zehr suggested the need for Council to support the direction outlined in the report to allow staff to continue moving forward in this project. Moved by Mayor C. Zehr: "That the Development concepts contained in Downtown Development Report DD-03-002, (Centre Block Area Land Use Strategy) be supported in principle; and further, That report DD-03-002, be received for Information." Councillor Gazzola raised a concern with endorsing the report when it doesn't provide clear direction and is only giving factual information. Councillor M. Galloway expressed support of the report in order to move forward with the project and requested a recorded vote. The motion of Mayor C. Zehr was carried unanimously. JUNE 13. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES 23~ 2003 FIN-03-025 - 80 - CITY OF KITCHENER REQUEST FOR PROPOSAL (RFP) 2003-2005 AUDIT SERVICES The Committee was in receipt of Financial Services Department report FIN-03-025, dated June 9, 2003, recommending that a request for proposal for auditing services for the 2003-2005 audit years be issued. Councillor J. Gazzola asked how long the current auditors have been under contract with the City. Ms. P. Houston, General Manager Financial Services Department, responded that to the best of her knowledge the current auditors have been under contract with the City since the 1960's. Councillor Gazzola questioned the benefit of changing auditors in consideration of the knowledge the firm has of the City and how satisfied the City has been with their service. The question was raised regarding the years for the request for proposals as the current contract expires in 2003 and whether or not the current contract includes 2003. P. Houston advised that staff will ascertain the contract years and report to Council on July 2, 2003. Councillor M. Galloway suggested that as a public corporation there is a need to go out for proposals to ensure the City is receiving the required service at the best cost. Councillor Galloway requested a recorded vote be taken when a motion was dealt with. On motion by Councillor M. Galloway - it was resolved: "That a Request for Proposal (RFP) be issued for auditing services for the 2003-2005 audit years; and further, That the following individuals be appointed as members of the Audit Services Evaluation Committee: the Mayor, the Chair of the Finance & Corporate Services Committee, the Chief Administrative Officer, the General Manager of Financial Services & City Treasurer, the Director of Budgets & Financial Services and the Manager of Budgets & Financial Services." The motion was carried unanimously. 12. ADJOURNMENT On motion, the meeting adjourned at 11:55 a.m. Randy Gosse Deputy City Clerk