HomeMy WebLinkAboutFinance & Admin - 2001-04-30FINANCE & ADMINISTRATION COMMITTEE MINUTES
APRIL 30, 2001CITY OF KITCHENER
The Finance and Administration Committee met this date, chaired by Councillor J. Ziegler, commencing
at 10:40 a.m., with the following members present: Mayor C. Zehr and Councillors M. Galloway, G.
Lorentz, J. Smola and C. Weylie.
Others Present:Ms. J. Koppeser, Ms. P. Houston and Messrs. R. Pritchard, G. Sosnoski, G.
Melanson, B. Stanley, J. Shivas, F. Pizzuto, S. Gyorffy,T. Fox and L. Ayers.
1.
KITCHENER-WILMOT HYDRO INC. – 2000 ANNUAL REPORT
Ms. Betty Sims, Chair - Kitchener Power Corporation, provided opening comments in regard to the
Kitchener-Wilmot Hydro Inc. Annual Report and transition process in regard to hydro deregulation.
Mr. Ron Charie, General Manager of Kitchener-Wilmot Hydro Inc., presented an overview of the
2000 Annual Report. Mr. Charie noted that controllable expenses per customer, net of transition
costs, were approximately $110.00 with the Provincial average being $150.00 to $155.00. He also
noted that the utility has returned approximately $6 million to customers over the last several
years. He stated that the working funds ratio in 2000 was 2.41, which is just above the minimum
requirement of the Ontario Energy Board. Mr. Charie pointed out that the number of utility
customers is growing by approximately 1,000 per year and the utility itself is operating with 10
fewer staff than 5 years ago. He referred to the Ontario Energy Board Guidelines and Service
Standards, noting that Kitchener-Wilmot Hydro far exceeds these based on performance
indicators.
Councillor Lorentz inquired whether Ontario could experience “brownout” problems similar to those
which occurred in California following deregulation. He responded that there could be a problem in
4-5 years and that without an incentive to generate there could be “brownouts”. Councillor Lorentz
inquired as to possible economies in service delivery between the electricity and gas utilities, and
Mr. Charie replied that staff have looked at a number of these; however, the cost savings were
relatively small. He added that investments in technology relative to meter reading are now being
made which will yield far greater savings in future. He offered the opinion that future productivity
improvements will be through technology rather than through staff reductions.
2.
BPS-01-056 – LIQUOR LICENCE APPLICATION – METROPOLIS AND KING STREET PUB &
GRILL – 121-125 KING STREET WEST
The Committee was in receipt of Business and Planning Services Department report BPS-01-056
(T. Fox, J. Koppeser, M. Schreiter), dated April 11, 2001, recommending that Council withdraw its
objection to the issuance of a liquor licence for a new outdoor patio at the Metropolis and King
Street Pub & Grill, 121-125 King Street West. The staff report suggests a number of conditions be
applied in regard to the area to be licensed. Mr. Fox indicated that staff had negotiated a detailed
agreement with the applicant which provides for no increase to the liquor licence capacity and
provisions for a separate licence for the Metropolis as well as the King Street Pub & Grill. It was
noted that the concerns of both the Downtown Advisory Committee (DAC) and the Kitchener
Downtown Business Association (KDBA) had been addressed in the negotiated agreement.
Mr. Daryl Moore, Metropolis nightclub, appeared as a delegation and emphasized that under the
terms of the agreement there would be no increase in capacity and as the restaurant and pub are
independent businesses, a separate business licence would be issued for each.
Mrs. Anita Petsche-Good, Petsche Shoes, was present to request clarification on the hours of
operation of the restaurant and pub as well as to express concern relating to potential noise
problems. Mrs. Petsche-Good suggested that the pub and restaurant close at 11:00 p.m. rather
than 1:00 a.m. as referred to in the staff report.
Mr. Fox and Mr. Melanson, in responding to the concerns of Mrs. Petsche-Good, noted the 11:00
p.m. closure formed part of the negotiations however, were of the opinion that any further rollback
to the recommended 1:00 a.m. closing time could place this facility at a disadvantage in relation to
the other clubs in the Downtown. Further, it was noted that the Noise By-law was in place to
address any noise complaints.
2.
BPS-01-056 – LIQUOR LICENCE APPLICATION – METROPOLIS AND KING STREET PUB &
GRILL – 121-125 KING STREET WEST (CONT’D)
FINANCE & ADMINISTRATION COMMITTEE MINUTES
APRIL 30, 2001- 58-CITY OF KITCHENER
On motion by Mayor C. Zehr –
it was resolved:
“That Kitchener City Council withdraw its opposition to the issuance of a liquor licence
for the Metropolis (File No. 804132) to permit the serving of alcohol on an outdoor patio
fronting on King Street, and that staff be instructed to so advise the Board of the
Alcohol and Gaming Commission of Ontario, provided the applicant(s) comply with the
conditions set out in correspondence to Tony DiBattista dated April 12, 2001; and,
That, in the event the Board of the Alcohol and Gaming Commission of Ontario and/or the
AGCO decides that any of the conditions to the licences set out in the correspondence
dated April 12, 2001 shall not be conditions attached to the licences, that those conditions
shall be added to the Conditions Precedent Agreement conditions; and further,
That the above is subject to revision of condition B3 to stipulate that the Metropolis shall
have a completely independent and separate entrance from the licensed establishment at
125 King Street West (the King Street Pub & Grill) and shall have no internal connection to
the Metropolis and be subject to fire exit requirements.”
3.
APPEAL – HOT DOG CART – 520 KING STREET WEST
Council was in receipt this date of e-mail correspondence from Kerry Brown, owner of the Subway
franchise within the separation distance, objecting to the proposed location.
Mr. Ron Power was present to address the Committee in respect to his appeal of the denial of his
request to locate a hot dog cart at 520 King Street West. Mr. Power noted that a hot dog stand has
operated from this location for approximately 5 years and that the manager of the adjacent beer
store was supportive of his request.
On motion by Councillor J. Smola –
it was resolved:
“That the appeal of Ron Power to operate a hot dog cart at 520 King Street West be
denied.”
4.
BPS-01-053 – REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 408
(PIGEONS) – SAVA CUPIC, 939 STRASBURG ROAD
Mr. Branko Cupic, son of the applicant, was present to request permission on behalf of his father
to have pigeons at his home located at 939 Strasburg Road. The Committee was advised that the
pigeons would remain in a 6 foot by 16 foot coop on the property except for one hour in the
morning and afternoon. The staff report indicates that of the 75 pigeons owned by Mr. Cupic, only
37 would leave the coop during the period specified. Mr. Cupic also indicated that the pigeons are
not presently located on the property.
Ms. Karen Langver, MLEO/Property Standards Officer, provided a brief history of this matter
noting numerous complaints received from nearby property owners, and the fact that Council has
on two separate occasions refused to allow the pigeons on the Cupic property. Ms. Langver
indicated that this is the third application and that a number of complaints relating to noise and
odour have been received with respect to this application. Ms. Langver indicated that staff do not
support this application and that Mr. Cupic presently has an alternate location for his pigeons
regarding which no complaints have been received.
Councillor J. Ziegler noted that he had also received a number of objections to the application from
residents.
4.
BPS-01-053 – REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 408
(PIGEONS) – SAVA CUPIC, 939 STRASBURG ROAD (CONT’D)
FINANCE & ADMINISTRATION COMMITTEE MINUTES
APRIL 30, 2001- 59-CITY OF KITCHENER
On motion by Councillor J. Smola–
it was resolved:
“That the application for an exemption to Chapter 408, Animal – Regulations of the City of
Kitchener Municipal Code by Mr. Savo Cupic be refused.”
5.
CRPS-01-063 - PARTNERSHIP WALK 2001 – MAY 27, 2001
The Committee was in receipt of Corporate Services Department report CRPS-01-063 (J.
Koppeser), dated April 24, 2001 outlining the request of the Partnership Walk Committee for
permission to sell pizza, pop, ice cream and fruit in Victoria Park. An exemption from the
provisions of Chapter 450 (Noise) is also requested in regard to a live band.
On motion by Mayor C. Zehr –
it was resolved:
“That the Partnership Walk Committee be granted permission to sell food in Victoria
Park during the Partnership Walk on May 27, 2001, provided the necessary licence,
including Health and Fire approvals, is obtained; and further,
That this event be exempt from the provisions of Chapter 450 (Noise) of the City of
Kitchener Municipal Code, relative to the Victoria Park location between the hours of
10:00 a.m. and 3:00 p.m., and at Civic Square between 11:00 a.m. and 3:00 p.m.”
6.
CRPS-01-064 – REQUEST FOR MIDWAY – MAY 9-13, 2001
The Committee was in receipt of Corporate Services Department report CRPS-01-064 (J.
Koppeser), dated April 24, 2001, relating to a request by Robertson Amusement for permission to
operate a midway on the vacant lot at the corner of Strasburg Road and Ottawa Street South, next
to the Fire Hall, from May 9-13, 2001. Members of the Committee expressed concern with respect
to noise, safety, lack of adequate parking, and noted that midways have been held at nearby
Weiland Ford over the last two weekends.
On motion by Councillor M. Galloway –
it was resolved:
“That the request of Robertson Amusements for permission to operate a midway on the
vacant lot at the corner of Strasburg Road and Ottawa Street South next to the Fire Hall,
May 9-13, 2001, be denied for the following reasons:
· safety issues relating to children crossing Ottawa Street South
· lack of adequate parking
· similar operations being approved in the last two weeks of April at a neighbouring site.”
7.
BPS-01-055 – GRANT REQUEST – HABITAT FOR HUMANITY – 487 BANKSIDE DRIVE
The Committee was in receipt of Business and Planning Services Department report BPS-01-
055 (J. Witmer, B. Stanley), dated April 25, 2001, relating to the request of Habitat for
Humanity for a grant in lieu of municipal development charges and building permit fees for
487 Bankside Drive.
On motion by Councillor C. Weylie -
it was resolved:
“That Council approve the request of Habitat for Humanity for a grant of $1845.95 which
represents the amount equal to the municipal development charges and building permit
fees for 487 Bankside Drive.”
8.
LEG-01-038 – INDEMNIFICATION BY-LAW FOR EMPLOYEES AND MEMBERS OF COUNCIL
The Committee was in receipt of Legal Department report LEG-01-038 (J. Shivas, G. Melanson),
dated April 20, 2001, recommending the enactment of an indemnification by-law to provide for the
FINANCE & ADMINISTRATION COMMITTEE MINUTES
APRIL 30, 2001- 60-CITY OF KITCHENER
protection, defence and indemnification of employees and Councillors of the City of Kitchener. Mr.
J. Shivas, City Solicitor, in speaking to the report indicated that previously such matters were
addressed by resolution of Council. Through the enactment of the proposed by-law, the protection
for members of Council, staff and volunteers is broadened. Mr. Shivas noted that the intent of the
by-law is to encourage reasonable risk taking, provided it is in the best interests of the
municipality.
On motion by Mayor C. Zehr –
it was resolved:
“That Council enact an Indemnification By-law at the May 7, 2001 Council meeting in the
form appended to Legal Department report LEG-01-038, dated April 20, 2001, to provide
for the protection, defence and indemnification of employees and Councillors of The
Corporation of the City of Kitchener against liability incurred while acting on behalf of the
municipality.”
9.
LEG-01-045 – COUNCIL POLICY RE: PURCHASING – TERMS AND CONDITIONS OF
CONFIDENTIALITY
The Committee was in receipt of Legal Department report LEG-01-045 (G. Melanson), dated April
25, 2001, regarding a policy resolution outlining standard terms and conditions in respect to
confidentiality which would be applicable to all service providers. Any service provider who would
be privy to confidential information would be required to sign the terms and conditions proposed.
On motion by Councillor J. Smola –
it was resolved:
“That Council adopt the draft policy resolution, “Purchasing – Terms and Conditions of
Confidentiality” as appended to Legal Department report LEG-01-045, dated April 25, 2001
and that the same be added to the City’s Policy Manual under Part I, Administration.”
10.
CRPS-01-032 – WORKPLACE SAFETY & INSURANCE BOARD (WSIB) 2000 REPORT
The Committee received as information Corporate Services Department report CRPS-01-032
(P. Ferraro), dated April 17, 2001, comprising the WSIB 2000 report.
11.
ADJOURNMENT
On motion, the meeting adjourned at 12:07 p. m.
Lew Ayers
Committee Administrator - Acting