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HomeMy WebLinkAboutFinance & Corp - 2003-09-22FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, chaired by Councillor B. Vrbanovic, commencing at 1:35 p.m. with the following members present: Mayor C. Zehr and Councillors M. Galloway, G. Lorentz, J. Smola and J. Gazzola. Officials Present: Ms. P. Houston, Ms. S. Adams, Ms. F. McCrea, Ms. R. Pitfield, Ms. K. Bissell, Ms. P. Bacon, Ms. J. Koppeser, Ms. M. Sanderdson, Ms. C. Ladd, Ms. J. Billett, and Messrs. J. Fielding, F. Pizzuto, R. Gosse, G. Borovilos, G. Richardson, S. Turner, M. Bolger and M. Grummett. 1. SSD-03-034 - TERMINATION OF SHORT TERM LICENSE AGREEMENT HANNAH & GLEN SANTOS VICTORIA PARK - SUMMER CONCESSIONS / ICE CREAM STANDS The Committee was in receipt of Strategic Services Department report SSD-03-034, dated September 15, 2003 advising of the termination of an agreement for operation of concessions and ice cream stands in Victoria Park and the intent not to pursue a long term agreement with the tenants based on their record of non-compliance. It was noted in the report that staff intend to explore alternatives for use of the boathouse and opportunities regarding summer ice cream stands, and will provide a report outlining options at a future date. Councillor M. Galloway requested that staff include options in their report as to how the City may proceed with or without additional financial investment. On motion by Councillor J. Smola - it was resolved: "That Strategic Services Department report SSD-03-034 concerning termination of the license agreement with Hannah and Glen Santos for summer concessions and ice cream stands in Victoria Park, be received as information." DD-03-011 - MARKET LANE RECONSTRUCTION UPDATE The Committee was in receipt of Downtown Development report DD-03-011, dated September 15, 2003 advising that reconstruction of Market Lane has been delayed due to property owner concerns related to the presence of market stalls on the lane and the need to park off-site during outdoor market hours on Saturdays. In response to questions, Mr. G. Richardson advised that a meeting will be held with affected property owners to determine their specific needs and to address their concerns. On motion by Councillor J. Smola - it was resolved: "That Downtown Development Department report DD-03-011 concerning the Market Lane reconstruction project, be received as information." CRPS-03-157 - AMENDMENT TO UNIFORM TRAFFIC BY-LAW - UNLICENSED VEHICLES The Committee was in receipt of Corporate Services Department report CRPS-03-157, dated September 17, 2003 concerning an amendment to the Uniform Traffic By-law to prohibit the parking of vehicles that are unlicensed or leaking gas, oil or other fluids on City highways. On motion by Councillor J. Smola - it was resolved: "That a by-law be enacted to amend the City of Kitchener's Uniform Traffic By-law 2000- 159, to prohibit the parking of vehicles that are unlicensed or leaking gas, oil or other fluids on City highways, and to reflect changes and ensure consistency with the provisions of the Municipal Act, 2001, and the Highway Traffic Act, as outlined in Finance and Corporate Services Department report CRPS-03-157." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 CITY OF KITCHENER 4. CRPS-03-174 - EXEMPTION TO MUNICIPAL CODE CHAPTER 450 (NOISE) SEPTEMBER 29 - OCTOBER 31, 2003 MANULIFE CENTRE, 25 WATER STREET NORTH The Committee was in receipt of Corporate Services Department report CRPS-03-174, dated September 17, 2003 concerning a request from Manulife Financial for exemption to Chapter 450 (Noise) of the Municipal Code. Mr. S. Turner advised that the noise exemption relates to repairs to a parking garage, involving complete removal of a concrete slab during overnight hours. He commented on past concerns raised by area residents with respect to the garage restoration project and pointed out that this phase of repair involves an entirely enclosed portion of the parking garage and new techniques will be used to minimize construction noise. Mr. J. Defaria, Property Manager, Manulife Financial, attended with representatives of Halsall Associates Limited, Project Engineers, and in response to questions, advised that area residents have been notified of plans for this phase of reconstruction. It was also noted that measures have been taken to reduce noise levels, including installation of a sound reducing barrier along all open sides of the garage to minimize the impact to neighbouring properties. On motion by Councillor G. Lorentz - it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Manulife Financial, in order to undertake necessary parking garage repairs at 25 Water Street North, between the hours of 9 PM and 7 AM on Mondays to Fridays, from September 29 to October 31,2003." CRPS-03-175 - AMENDMENT TO COUNCIL POLICY 1-875 LICENSE / LOTTERY / BINGO REGULATIONS The Committee was in receipt of Corporate Services Department report CRPS-03-175 dated September 16, 2003 requesting an amendment to Council Policy 1-875 to allow qualified organizations that have a physical presence within the Region and that utilize at least 75% of proceeds for charitable purposes to apply for bingo lottery licenses. Councillors B. Vrbanovic and M. Galloway disclosed a pecuniary interest and abstained from all discussion and voting concerning this matter as Councillor Vrbanovic is associated with an organization, and Councillor Galloway is employed by an organization, that derives part of its revenues from bingos. Mayor C. Zehr assumed the Chair. In response to questions, Ms. J. Koppeser advised that the amendment will ensure that groups currently operating in Waterloo that have been impacted by consolidation of bingo operations at Bingo Country Kitchener and Bingo Bingo Waterloo will have an opportunity to access charitable lottery funds through bingo licenses. She stated that the groups will still have to meet the City's qualifications and staff will continue to review their objectives with respect to bingo revenues. In response to further questions, Ms. Koppeser advised that staff are continuing discussions with respect to administrative issues involving the consolidation of bingo operations and it is unknown at this time what, if any, efficiencies the City may realize. Mr. Max Rausch, President, Charities Bingo Palace Bingo Association, was in attendance in support of the recommendation; however, he asked that a condition be added to restrict Waterloo bingo groups from operating in Kitchener in the event another bingo hall is opened in the City of Waterloo. Questions were posed respecting the concern raised by Mr. Rausch and Ms. Koppeser advised that in the event a bingo hall opens in Waterloo, Kitchener Council would have an opportunity to object prior to a Provincial license being issued. She also pointed out that the City of Waterloo supports the staff recommendation and suggested it was unlikely they would support a proposal to open another bingo hall in Waterloo. The Committee questioned the feasibility of imposing a restriction within the Policy to address this concern. Ms. Koppeser FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 98 - CITY OF KITCHENER 5. CRPS-03-175 - AMENDMENT TO COUNCIL POLICY 1-875 LICENSE / LOTTERY / BINGO REGULATIONS (CONT'D) stated that Council could require that the Policy be reviewed and subsequently amended in the event another bingo hall was opened. Councillor G. Lorentz suggested that prior to final consideration of the staff recommendation at the September 29 Council meeting, the City of Waterloo be approached for clarification with respect to their understanding of the proposed amendment and that staff provide additional information as to how provision may be included within the Policy to address concerns raised with respect to the potential of a bingo hall opening in Waterloo. It was noted in the agenda that any recommendation from this Committee will be considered at the Special Council meeting to be held later this date. On motion by Councillor G. Lorentz - it was resolved: "That Corporate Services Department report CRPS-03-175 (Amendment to Council Policy 1-875 - License / Lottery / Bingo Regulations) be deferred and referred to the September 29, 2003 Council meetinq; and further, That additional information be provided at the September 29 Council meeting as to how provision may be included in Council Policy 1-875 to restrict bingo groups that have access to a bingo hall within their municipality; and that clarification be provided regarding the City of Waterloo's understanding with respect to the proposed amendment to Council Policy 1-875." SSD-03-032 - OFFER TO PURCHASE - HURON BUSINESS PARK - SITE 154 -WASHBURN DRIVE - H. POLZL CONSULTING LIMITED IN TRUST The Committee was in receipt of Strategic Services Department report SSD-03-032 concerning an offer to purchase a parcel of land within the Huron Business Park, Phase III. Councillor M. Galloway raised concerns with respect to the location for parking of truck traffic on the site in relation to neighbouring residential properties. Ms. P. Bacon advised that a site plan application has not yet been submitted and suggested that the staff recommendation could be modified to include a condition that site plan approval be subject to the loading areas not facing Bleams Road. On motion by Councillor M. Galloway - it was resolved: "That the Offer to Purchase be accepted from H. Polzl Consulting Limited in Trust for a company to be incorporated for Parts 2 and 7 on Registered Reference Plan 58R-11564, being a parcel of land in the Huron Business Park, Phase III having an area of approximately 8.93 acres, at the price of $80,000. per acre, for a total purchase price of $714,400; and, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor; and, That the said lands be exempt from Council's resolution requiring a 2.0 metre berm along the Bleams Road property and in place require a landscape buffer to the satisfaction of the City of Kitchener; and further, That a site plan be submitted and that site plan approval be subject to the loading areas not facing Bleams Road." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 99 - CITY OF KITCHENER CSD-03-147 - ONTARIANS WITH DISABILITIES ACT 2001 - JOINT ACCESSIBILITY PLAN The Committee was in receipt of Community Services Department report CSD-03-147, dated September 15, 2003 and a draft copy of the 2003-2004 Accessibility Plan, prepared in accordance with the ©ntarians with Disabilities Act, 2001. It is noted in the report that pending adoption of the plan by the City of Waterloo and the Townships of Woolwich, Wellesley and North Dumfries, the plan is intended to be a Joint Accessibility Plan with these participating municipalities. Ms. M. Sanderson attended to provide an overview of the Plan, advising that it is intended to provide a seamless approach to the removal of barriers encountered by persons with disabilities. She pointed out that all municipalities within the Region were invited to participate; however, the Region of Waterloo, the City of Cambridge and the Township of Wilmot have chosen to adopt individual plans. She advised that the Kitchener Public Library and Waterloo Public Library will also participate and consultation with the Centre in the Square and Kitchener Housing Inc. is also planned. Ms. Sanderson spoke to 3 principal actions relative to the plan and advised that a request for funding in the amount of $5,000. will be brought forward during the 2004 budget process to support implementation of the principal actions. Ms. Sanderson thanked members of the Corporate Accessibility Steering Group, the Kitchener-Waterloo Barrier Free Advisory Committee and staff of the Cities of Kitchener and Waterloo, all of whom were instrumental in development of the Accessibility Plan. Mayor C. Zehr commented that collaboration on the plan was excellent and expressed the opinion that in time those municipalities who have chosen to adopt individual plans will see the merit in having a common plan. On motion by Councillor G. Lorentz - it was resolved: "That the 'Accessibility Plan' dated September 15, 2003, as attached to Community Services Department report CSD-03-147, be adopted as the Annual Accessibility Plan 2003-2004 for the City of Kitchener in accordance with the ©ntarians with Disabilities Act, 2001; and further, That should the City of Waterloo, the Township of Woolwich, the Township of Wellesley and the Township of North Dumfries adopt the said Accessibility Plan, the Plan shall be a 'Joint Accessibility Plan' with the participating municipalities pursuant to Section 17(3) of the ©ntarians with Disabilities Act (©DA, 2001)." FIN-03-041 - CUSTOMER INFORMATION SYSTEM (CIS) - PROPERTY TAX / UTILITY BILLINGS - PROPOSED CONTRACT STAFF POSITIONS The Committee was in receipt of Financial Services Department report FIN-03-041, dated September 15, 2003 outlining a request for contract staff positions and budget funding to ensure continued sustainability of the Customer Information System (CIS) which is responsible for the generation of all billings and historical data for taxes and utilities. Ms. P. Houston attended to provide an overview of the staffing and budgetary requirements for the CIS project. She emphasized the importance of continued investment in the CIS System to ensure its stability and to ensure implementation of legislated property tax changes as they occur. She noted that the same system is used to varying degrees by the Cities of Kingston and Saskatoon and by London Hydro, suggesting there may be potential for future partnerships. She pointed out that Kitchener is unique in its integrated system and no other product on the market has integrated receivable systems into one customer database. She stated that purchase of a new system is not recommended given the amount of time it would take to customize and any new system would also require ongoing maintenance. Ms. Houston advised that partnering with Kitchener-Wilmot Hydro is also not recommended at this time given the uncertainty of impending Provincial legislation and the complexity of the hydro billing system. She stated that it is imperative to supplement the existing CIS Team to continue to move the project forward. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 100 - CITY OF KITCHENER 8. FIN-03-041 - CUSTOMER INFORMATION SYSTEM (CIS) - PROPERTY TAX / UTILITY BILLINGS - PROPOSED CONTRACT STAFF POSITIONS (CONT'D) Staff responded to a number of questions concerning the impact of implementing a new system and the impact of delaying approval of the staff recommendations in full, or in part, to the 2004 budget process. During this discussion it was pointed out that purchase of a new product will take substantial time to implement and the City's initial investment would be lost. It was also pointed out that not proceeding with any approvals until 2004 will delay hiring by 6 months which will impede the City's ability to move the project forward. It was agreed, however, that approvals could be staged to accommodate immediate needs in 2004 while delaying consideration of needs beyond that timeframe to the 2004 budget process. Councillor J. Gazzola brought forward a motion to approve the staff recommendations contained in report FIN-03-041, in principle, and defer and refer final consideration to the 2004 capital budget process. Councillor Gazzola was of the opinion that this matter should be considered in conjunction with all other capital expenditures given the City currently has an operational system and the amount of funding for improvements is substantial. Mayor C. Zehr and several members of the Committee expressed the opinion that it would not be prudent to place a major component of the City's operation at risk and support should be given to improvements that will allow the project to continue to move forward. Mayor Zehr suggested that prior to the September 29 Council meeting staff identify what is essential in order to allow the project to continue, with the balance to be considered during the 2004 budget process. Councillor J. Gazzola's motion was lost on a recorded vote with Councillor Gazzola voting in favour and Mayor C. Zehr and Councillors M. Galloway, B. Vrbanovic, G. Lorentz and J. Smola voting in opposition. The following motion of Mayor C. Zehr was carried on a recorded vote with Mayor Zehr and Councillors M. Galloway, B. Vrbanovic, G. Lorentz and J. Smola voting in favour and Councillor J. Gazzola voting in opposition. On motion by Mayor C. Zehr- it was resolved: "That the following recommendations be approved, in principle, to ensure continued sustainability of the Customer Information System (CIS): a) To hire developers to increase the complement of the CIS development team as follows: · 2 full time equivalents in 2004 for an eight-year contract term, · 2 full time equivalents in 2004 for a five-year contract term, · 2 full time equivalents in 2005, for a five-year contract term, subject to needs assessment and approval by the Service Through Technology Committee, · 2 full time equivalents for a five-year contract term, for special projects, subject to needs assessment and approval by the Service Through Technology Committee. b) Budget for secondment of 2 full time equivalent staff in Revenue and Utilities for inclusion on CIS projects. c) Extend the budget for the current CIS development team complement from 2006 to 2011. d) Continue co-operation and pursuit of opportunities to share development efforts with other municipalities using the CIS product. e) Extend the use of the CIS consultant by two years, but phase out this service by 2006. f) Provide budget for an additional server for the CIS environment. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 101 - CITY OF KITCHENER 8. FIN-03-041 - CUSTOMER INFORMATION SYSTEM (CIS) - PROPERTY TAX / UTILITY BILLINGS - PROPOSED CONTRACT STAFF POSITIONS (CONT'D) g) Approve budget, as attached to Financial Services Department report FIN-03-041, in the 2004 Capital forecast; and further, That staff report to the September 29, 2003 Council meeting as to which portion of the above recommendations are necessary at this time in order for the CIS project to continue to move forward, with the balance to be deferred and referred to the 2004 budget deliberations." 10. SSD-03-033 - ADDITIONAL FUNDING REQUEST FOR BINGEMAN CENTRE DRIVE - EMPLOYMENT LANDS (FORMERLY SHIRLEY AVENUE ) The Committee was in receipt of Strategic Services Department report SSD-03-033, dated September 15, 2003 requesting additional funding for costs associated with development of the City-owned industrial lands on Bingeman Centre Drive. Ms. K. Bissell was in attendance in support of the staff recommendation and responded to several questions, advising that there is strong potential to reduce costs related to structural fill by utilizing fill from adjacent development and through negotiations with private landowners. She also advised that interest charges are not included in the over-expenditure amount at this time and will vary depending on how quickly lots are sold. On motion by Mayor C. Zehr - it was resolved: "That an additional expenditure in the amount of $138,000. be authorized for development related costs which were not anticipated in the original project budget for the development of the City-owned industrial lands on Bingeman Centre Drive (formerly Shirley Avenue)." SSD-03-031 - SHIRLEY AVENUE EMPLOYMENT LANDS MARKETING PLAN 11. The Committee was in receipt of Strategic Services Department report SSD-03-031, dated September 12, 2003 introducing a Marketing Plan for the Shirley Avenue Employment Lands, designed as a promotional and marketing tool. The Committee also received this date a copy of a document entitled "Marketing Plan - City-Owned Employment Lands - Bingeman Centre Drive (former Shirley Avenue)", dated September 22, 2003. Ms. K. Bissell attended to present details of the Marketing Plan including: plan objectives; product description; staging of development; marketing strategies; zoning and pricing of lands; promotional venues; and use of reservation agreements. In response to questions, Ms. Bissell provided information concerning terms of the reservation agreements; interest to date from prospective purchasers; and installation of a berm, rather than landscaping to act as a buffer adjacent to an abutting railway line for reasons of safety. On motion by Councillor M. Galloway- it was resolved: "That Strategic Services Department report SSD-03-031, titled 'Shirley Avenue Employment Lands Marketing Plan', be received; and further, That the proposed direction outlined in report SSD-03-031 be approved." SSD-03-030 - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RECOMMENDATION - SHIRLEY AVENUE EMPLOYMENT LANDS MARKETING PLAN The Committee was in receipt of Strategic Services Department report SSD-03-030, dated September 12, 2003 advising that the Economic Development Advisory Committee reviewed FINANCE & CORPORATE SERVICES COMMITTEE MINUTES SEPTEMBER 22~ 2003 - 102 - CITY OF KITCHENER 11. SSD-03-030 - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RECOMMENDATION - SHIRLEY AVENUE EMPLOYMENT LANDS MARKETING PLAN (CONT'D) the Shirley Avenue Employment Lands Marketing Plan and has endorsed the proposed uses, pricing structure and proposed name of the business park. On motion by Councillor J. Gazzola - it was resolved: "That the Economic Development Advisory Committee endorses the proposed uses, pricing structure of the lots and proposed name of the Shirley Avenue Employment Lands to the Grand River West Business Park." 12. CRPS-03-173 - VARIOUS ENFORCEMENT ISSUES The Committee was in receipt of Corporate Services Department report CRPS-03-173, dated September 17, 2003 prepared in response to concerns raised at the August 25, 2003 Council meeting, dealing with the following issues: littering; maintenance of Provincial greenways along highways; and the process involved with enforcement of the City's Property Standards By-law (Chapter 665 of the Municipal Code). Mr. S. Turner attended to provide an overview of responses to the concerns raised and with respect to littering, he advised that the Region of Waterloo has established an Anti-Littering Task Force whose main focus will be on education. He advised that he and Ms. C. Legault will represent the City on the Task Force and will prepare a report for future consideration at an appropriate time. He also advised that City Hall security staff will be approached to consider the feasibility of authorizing them to issue tickets for littering on the grounds of City Hall and other City-owned facilities. Discussions will also be undertaken with Waterloo Regional Police requesting their co-operation in enforcement of the City's Littering By-law. With respect to maintenance of Provincial greenways along highways, he advised that the Ministry of Transportation's (MT©) maintenance policy provides for cutting grass and weeds within a 6 foot strip of land adjacent to the shoulder of the highway, once per year. He also advised that City staff have inquired into the potential to enter into an agreement with MT© to assist with maintenance in the areas identified and MT© advised that they do not entertain such agreements, referring the City instead to its "Adopt A Road" program. Accordingly, staff are recommending that a resolution be prepared for consideration at the September 29 Council meeting that would request the Province to adopt increased standards for maintenance along highways within their jurisdiction. Several members of the Committee expressed strong disappointment with the response received from MT© and were in agreement with pursuing the matter further as recommended by staff. With respect to the enforcement process relative to the City's Property Standards By-law, an outline of initiatives being undertaken by By-law Enforcement was provided in the staff report, including development of a work plan designed to streamline certain aspects of the enforcement process and an approach to be made to the Ontario Association of Property Standards Officers (©APS©) to request their support in lobbying the Province to consider changes to the Building Code Act as it relates to the Property Standards enforcement process. On motion by Mayor C. Zehr - it was resolved: "That staff participate in the Anti-Littering Task Force, co-ordinated by the Regional Municipality of Waterloo, and report back to City Council at the appropriate time; and further, That staff prepare a resolution for consideration at the September 29, 2003 Council meeting, requesting an increased effort on the part of the Ministry of Transportation to maintain the greenway areas along the highways within the City of Kitchener which are under the jurisdiction of the Province." SEPTEMBER 22~ 2003 13. ADJOURNMENT On motion, the meeting adjourned at 3:45 p.m. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 103 - CITY OF KITCHENER Janet Billett, AMCT Committee Administrator