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HomeMy WebLinkAboutFinance & Corp - 2002-09-09FINANCE & CORPORATE SERVICES COMMITTEE MINUTES September 9, 2002 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, chaired by Councillor J. Ziegler, commencing at 2:10 p.m., with the following members present: Mayor C. Zehr and Councillors M. Galloway, G. Lorentz, J. Smola, B. Vrbanovic and C. Weylie. Others Present: Ms. P. Houston, Ms. L. Baillargeon, Ms. J. Koppeser, Ms. R. Pitfield, Ms. C. Hunt, Ms. J. Buckingham, Ms. D. Gilchrist and Messrs. J. Fielding, R. Pritchard, G. Sosnoski, G. Stewart, R. Gosse, D. Quinn, G. Borovilos, G. Melanson and S. Turner. 1. DTS-02-194 WAIVING PORTABLE SIGN PERMIT FEE "WINGS UP" 2399 KINGSWAY DRIVE The Committee was in receipt of Development and Technical Services Department report DTS- 02-194, dated September 3, 2002, in response to correspondence dated August 22, 2002, from Richard Cowcill, owner of Wings Up, 2399 Kingsway Drive, requesting the sign permit fee be waived for the portable sign advertising his business. Mr. Cowcill's correspondence notes that his business has suffered a sharp sales decline due to the construction of the new Highway 8 extension. Councillor J. Ziegler explained the request and noted the favourable recommendation in the staff report. Mr. Cowcill was in attendance to answer any questions the Committee might have in this regard. On motion by Councillor C. Weylie - it was resolved: "That fees be waived for a portable sign permit issued to Wings Up, 2399 Kingsway Drive, for a sign installed at location #2, as shown in Development and Technical Services Department report DTS-02-194 (corner of Kingsway Drive and Eighth Avenue), during the construction of Highway 8 and the reconstruction of the Franklin Street Bridge." 2. DELEGATION - CAPER'S SPORTS BAR, I QUEEN STREET NORTH Messrs. Don Tortola and Chris Christodoulou were in attendance to request Council's reconsideration of its objection, filed with the Alcohol and Gaming Commission, to the liquor licence application for Caper's Sports Bar, 1 Queen Street North. Mayor Zehr clarified with the delegation that the premises to be occupied by Caper's Sports Bar is the same as previously occupied by Felicity's. Councillor J. Ziegler advised the delegation that the Committee will hear their submissions today; however, Council's decision to object to the liquor licence application can not be reconsidered by this Committee. It could potentially be reconsidered by Council, at its meeting of September 16, 2002, if a Motion for Reconsideration is adopted by two-thirds of the members of Council present at the meeting. Mr. Christodoulou, owner of 1 Queen Street North, presented the Committee with the following concerns: · his property is zoned for specific uses, and it is difficult to rent his premises and find out after the fact the rules have changed and the intended use is not permitted; · if the premises can't be rented it is not possible to pay the mortgage; · actions of this nature by Council discourage entrepreneurs in the downtown. = Mr. Christodoulou stated the proposed use is that of a typical restaurant and not a nightclub. He advised there is a misrepresentation in the liquor licence application, as alcohol sales to food sales will be more in the range of 30/70; although, it is not possible to predict the exact ratio. He noted the tenant has paid a deposit, undertaken considerable planning, and made renovations to the premises to the value of $250,000. He indicated the applicant is willing to work with the City to address concerns, and requested the City make their specific concerns known. DELEGATION - CAPER'S SPORTS BAR, 1 QUEEN STREET NORTH (CONT'D) FINANCE & CORPORATE SERVICES COMMITTEE MINUTES September 9, 2002 - 69- CITY OF KITCHENER = Mr. Christodoulou questioned whether there is any reason why a positive response could not be presented to the Alcohol and Gaming Commission, noting he and the applicant are willing to do anything they can to work with the City to achieve a positive response. Mr. Tortola advised Council that when completing the application for a liquor licence, he did not understand that 50% of revenues from alcohol sales was a high percentage. He assured the Committee that his target age group is over 30. His intended business is that of a restaurant and not a nightclub, noting that during his discussions with staff he made these intentions clear. He spoke of his two previous businesses in Downtown Kitchener, noting the last was closed because the property was sold. His previous businesses where successful, and there was never a problem with the police. When questioned concerning a location for customers who smoke, Mr. Christodoulou advised if Council sees this as a detrimental issue, a solution can be found. With respect to Mr. Christodoulou's comments about the City changing the rules, Mayor Zehr advised that the rules have not changed. Council is only commenting on the liquor licence application, but is not the approval authority. Mr. Christodoulou responded that Council's recommendation to the Alcohol and Gaming Commission is more powerful than Council seems to realise. He noted the need for Council to work with entrepreneurs in the Downtown by providing them with guidelines and working with them. When questioned, Mr. Christodoulou advised the conditions in his lease of the property have changed since Felicity's closed; previously the lease did not allow him to evict a tenant if the rent was paid. He has since included provision in the lease that tenants must comply with all by- laws. The Committee commented that the contents of the liquor licence application appear to have changed, and Mr. Tortola was requested to submit an accurate statement with respect to his intentions for the proposed restaurant. It was recommended that Mr. Tortola work with Mr. G. Borovilos in this regard prior to next week's Council meeting. Councillor John Smola gave Notice of Motion that, at the September 16, 2002 Council meeting, he will introduce a Motion for Reconsideration of Council's August 26, 2002 decision to file an objection with the Alcohol and Gaming Commission of Ontario to the application of Don Tortola for a liquor licence for Caper's Sports Bar, 1 Queen Street North, Kitchener. FIN-02-035 NATURAL GAS DIRECT PURCHASE CONTRACT VERIFICATION The Committee was in receipt of Financial Services Department report FIN-02-035, dated September 4, 2002, outlining a proposed procedure to be followed when contracts are received from customers for the direct purchase of natural gas. The procedure, as outlined in Appendix A to the report, has resulted from complaints received from customers regarding the behaviour of and representations made by marketers representing Direct Purchase gas suppliers. The Committee was in receipt this date of a written submission from Toronto Hydro Energy Services, dated September 9, 2002, asking the Committee to defer consideration of this matter to the next Council meeting to allow them to attend. Councillor Ziegler commented that any recommendation from this Committee will be considered at the September 16, 2002 Council meeting, and Toronto Hydro Energy Services can attend at that time. The Committee was also in receipt this date of an undated written submission from Ontario Energy Savings Corp. recommending changes to the contract verification process recommended by staff. Mr. Christopher Gaffney, Vice President and General Counsel, Electricity, Ontario Energy Savings Corp. was in attendance and presented the proposed changes as outlined in the written submission. 3. FIN-02-035 NATURAL GAS DIRECT PURCHASE CONTRACT VERIFICATION FINANCE & CORPORATE SERVICES COMMITTEE MINUTES September 9, 2002 - 70- CITY OF KITCHENER (CONT'D) Ms. Cora Stryker, Kitchener resident, and Ms. Kathy Schneider, Building Manager. 20 St. George Street, were in attendance and each relayed their personal experiences when dealing with marketers from Direct Purchase gas suppliers, and informing the Committee of their concerns in this regard. With regard to a comment from Mr. Gaffney concerning the tone of the proposed verification letter, Mr. Quinn advised the Ontario Energy Board specifically recommended the portions of the letter objected to by Mr. Gaffney. Mr. Quinn advised he is agreeable to the request of Mr. Gaffney to inform the retailer of complaints received at the same time the Ontario Energy Board is notified. On motion by Councillor M. Galloway- it was resolved: "That staff follow the process contained in Appendix A to Financial Services Department report FIN-02-035 (Natural Gas Direct Purchase Contract Verification) to facilitate direct purchase of natural gas for customers on the City of Kitchener distribution system." Carried Unanimously = CRPS-02-213 AIDS COMMITTEE OF CAMBRIDGE, KITCHENER, WATERLOO AND AREA REQUEST TO SELL MERCHANDISE AIDS WALK 2002 IN VICTORIA PARK SEPTEMBER 22, 2002 = The Committee was in receipt of Corporate Services Department report CRPS-02-213, dated September 4, 2002, with respect to a request received from the Aids Committee of Cambridge, Kitchener, Waterloo and Area to sell key chains and t-shirts during Aids Walk 2002, in Victoria Park on September 22, 2002. It was resolved: "That the request of the Aids Committee of Cambridge, Kitchener, Waterloo and Area (ACCKWA) to sell merchandise during Aids Walk 2002, in Victoria Park on September 22, 2002 be approved, subject to obtaining the necessary licence." CRPS-02-209 PROPOSED INCREASE IN SET FINE DISABLED PERSONS PARKING BY-LAW 88-172 APPLICATION TO MINISTRY OF THE ATTORNEY GENERAL AND BY-LAW AMENDMENT The Committee was in receipt of Corporate Services Department report CRPS-02-209, dated September 4, 2002, advising that the Ontarians With Disabilities Act (2001) is scheduled to receive Royal Ascent on September 30, 2002 and the Act will provide for a minimum fine of $300.00 for violations of a municipal by-law relating to parking in a space designed for a disabled person. It was resolved: "That an application be made to the Ministry of the Attorney General to increase the set fine in the Disabled Persons Parking By-law 88-172 to $300.; and further, That a by-law be considered at a future Council meeting to amend the Disabled Persons Parking By-law 88-172 to provide for a minimum fine of $300." 6. CRPS-02-207 HOMENIUK RIDES INC. REQUEST TO OPERATE MIDWAY FINANCE & CORPORATE SERVICES COMMITTEE MINUTES September 9, 2002 - 71- CITY OF KITCHENER 707 OTTAWA STREET SOUTH (WEILAND FORD) OCTOBER 3-6, 2002 = The Committee was in receipt of Corporate Services Department report CRPS-02-207, dated August 28, 2002, seeking direction with respect to a request received from Homeniuk Ride Inc. to operate a midway at Weiland Ford, 707 Ottawa Street South, from October 3-6, 2002. Councillor M. Galloway advised he could support the request provided the music ceases earlier than proposed by the applicant. Staff advised that previous approval for midways at this location included a stipulation that the music cease at 8:00 p.m. Councillor Ziegler directed that future reports concerning midway requests contain Council's previous decision. On motion by Councillor M. Galloway- It was resolved: "That Homeniuk hRides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from October 3-6, 2002, subject to the following: a) that the hours of operation be: Thursday & Friday - 3:30 p.m. -11:00 p.m. Saturday - 10:00 a.m. - 11:00 p.m. Sunday - 12 noon - 10:00 p.m.; and, b) that the music at the Midway be turned off one hour before closing time excepting those evenings (Thursday and Saturday) preceding school days when it shall be turned off at 8:00 p.m.; and, c) the music at the Midway be turned down at 8:00 p.m. on Friday and Saturday evenings; and, d) that parking arrangements be reviewed with Traffic Planning staff to ensure adequate off-street parking will be provided; and further, e) that the required licence be obtained prior to operating the Midway." CRPS-02-210 PIONEER PARK SCHOOL PLAYGROUND COMMITTEE REQUEST TO OPERATE MIDWAY SOUTHWEST OPTIMIST SPORTS PARK (PARKING LOT) SEPTEMBER 19-22, 2002 The Committee was in receipt of Corporate Services Department report CRPS-02-210, dated September 3, 2002, requesting the Committee's direction with respect to a request received from the Pioneer Park Playground Committee, to have Homeniuk Rides Inc. operate a midway in the parking lot at Southwest Optimist Sports Park from September 19-22, 2002. The Playground Committee also requests a waiver of licence fees for this event which is a fundraiser. On motion by Councillor M. Galloway - It was resolved: "That Homenuik Rides Inc. be granted permission to operate a Midway in the parking lot at Southwest Optimist Sports Park from September 19-22, 2002, as a fund raising event for the Pioneer Park School Playground Committee, subject to the following: = CRPS-02-210 PIONEER PARK SCHOOL PLAYGROUND COMMITTEE REQUEST TO OPERATE MIDWAY SOUTHWEST OPTIMIST SPORTS PARK (PARKING LOT) FINANCE & CORPORATE SERVICES COMMITTEE MINUTES September 9, 2002 - 72- CITY OF KITCHENER SEPTEMBER 19-22, 2002 (CONT'D) a) that the hours of operation be: Thursday - 4:00 p.m. - 9:00 p.m. Friday - 4:00 p.m. - 10:00 p.m. Saturday - 11:00 a.m. - 10:00 p.m. Sunday - 11:00 a.m. - 8:00 p.m.; and, b) that the music at the Midway be turned off one hour before closing time except those evenings (Thursday and Saturday) preceding school days when it shall be turned off at 8:00 p.m.; and, c) that the music at the Midway be turned down at 8:00 p.m. on Friday and Saturday evenings; and, d) that the required licence be obtained prior to operating the Midway; and further, That the request of the Pioneer Park School Playground Committee to waive the licence fees for this event, be denied." = CRPS-02-203 2003 APPOINTMENTS TO BOARD OF DIRECTORS KITCHENER POWER CORPORATION The Committee was in receipt of Corporate Services Department report CRPS-02-203, dated August 20, 2002, suggesting options for the number of Council appointments to the Kitchener Power Corporation Board of Directors, and options for the form of Nominating Committee to identify, evaluate and recommend candidates for the Kitchener Power Corporation Board of Directors. It was noted that this matter had been deferred at the last Finance and Corporate Services Committee meeting in order to allow staff an opportunity to research how other Power Corporation Boards of Directors are structured, which information is included in the staff report. Councillor J. Zielger raised a concern with respect to the number of members of Council presently on the Kitchener Power Corporation Board of Directors; as Kitchener tax payers own 92% of the Power Corporation, and they depend on Council to represent their interests. He recommended Option 2 with respect to Board composition as contained in the staff report. Mayor Zehr requested that Option 2 be amended to also include the Mayor. The Committee briefly discussed whether members of Council who are appointed to the Board should individually receive compensation for the position. It was generally agreed the Ad Hoc established to review Council renumeration consider this matter. = On motion by Mayor C. Zehr - it was resolved: "That the Mayor and one Councillor be appointed in 2003 to the Board of Directors of the Kitchener Power Corporation as part of the City's five annual appointments as authorised in the Shareholder's Agreement, dated August 1,2000; and That in 2004, the Mayor and two Councillors be appointed to the Board of Directors as part of the City's five annual appointments; and That a Policy be considered at the September 23, 2002 Finance and Corporate Services Committee meeting which would bring into effect: CRPS-02-203 2003 APPOINTMENTS TO BOARD OF DIRECTORS KITCHENER POWER CORPORATION (CONT'D) FINANCE & CORPORATE SERVICES COMMITTEE MINUTES September 9, 2002 - 73- CITY OF KITCHENER · the annual appointments to the Board of Directors to include, the Mayor, two Councillors and two lay members; · the interim transitional appointment of two Councillors over a two-year period (2003- 2004); · the replacement of one director each year; and further That the nomination of the two lay members for Council's consideration be made by the Kitchener Power Corporation Nominating Committee in accordance with the Shareholders Agreement." This meeting of the Finance and Corporate Services Committee recessed at 3:55 p.m. and reconvened at 4:50 p.m. with all members present. Councillor M. Galloway assumed the Chair at this time. = CRPS-02-208 AMENDMENTS TO MUNICIPAL CODE CHAPTER 842 (HEDGES, OTHER OBJECTS, TRAFFIC HAZARDS) The Committee was in receipt of Corporate Services Department report CRPS-02-208, dated September 4, 2002, with respect to Municipal Code Chapter 842 (Hedges, Other Objects and Traffic Hazards). It was noted that consideration of this matter had been deferred and referred to this meeting at the August 13, 2002 Finance and Corporate Services Committee meeting, for a further staff report recommending an enforcement policy, changing the definition of driveway visibility triangle, and an exemption from Chapter 842 and Chapter 630 (Fences), of the Municipal Code, for older areas of the City. Councillor J. Ziegler advised of his expectation that staff would, in this report, have presented the enforcement policy requested at the last Finance and Corporate Services Committee meeting. He advised that he also expected to receive proposed wording for an exemption in both Municipal Code Chapters 630 (Fences) and 842 (Hedges, Other Objects & Traffic Hazards) with respect to the location of fences and hedges in older areas of the City. He then referred to the St. Mary's Heritage Conservation District, noting lot configurations in these older subdivisions are much different than in new subdivisions. On motion by Councillor J. Ziegler - it was resolved: "That staff prepare an Enforcement Policy, for consideration at a future Finance and Corporate Services Committee meeting, with respect to Municipal Code Chapters 630 (Fences) and 842 (Hedges, Other Objects and Traffic Hazards) which will include advising complainants that Enforcement staff will inspect 8 properties either side of and properties across the street from complaint properties for similar violations." Councillor Ziegler advised that he will table a motion at the September 16, 2002 Committee of the Whole meeting with respect to exemptions to Municipal Code Chapters 630 and 842 for older areas of the City. 10. ADJOURNMENT On motion, the meeting adjourned at 5:00 p.m. Dianne H. Gilchrist Committee Administrator