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HomeMy WebLinkAboutCouncil - 2003-10-06 SSPECIAL COUNCIL MINUTES OCTOBER 6, 2003 CITY OF KITCHENER A special meeting of City Council was held at 3:09 p.m. this date, Chaired by Mayor C. Zehr with all members present. Councillor G. Lorentz was in attendance for part of the meeting. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Councillor J. Gazzola requested that an additional item be added to the special Council agenda regarding a request from Homeniuk Rides Inc. to extend their licence to operate a midway at Weiland Ford, 707 Ottawa Street South. He advised that the current licence was for the period of October 2 - 5 but due to inclement weather, the company is requesting permission to operate October 7 - 13, 2003. He further advised that he has received no complaints with respect to the midway rides at this location and that the extended licence would have the same conditions imposed regarding hours of operation and when the music can be played. Mayor C. Zehr pointed out that the Procedural By-law requires the unanimous vote of all members of Council in order to add an item to the agenda of a special Council meeting and suggested that this matter be deferred until such time as Councillor G. Lorentz was in attendance. It was agreed to defer the matter until later in the meeting. Council was in receipt of Corporate Services Department report CRPS-03-183 (J. Koppeser), dated October 2, 2003, recommending approval for the German Heritage Day Committee to sell food on Civic Square on October 14, 2003. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the German Heritage Day Committee be approved to sell food on Kitchener Civic Square on Tuesday, October 14, 2003, providing the necessary licence is obtained, including Health and Fire approval." Carried. Councillor C. Weylie requested that an item be added to the special Council agenda regarding the noise exemption granted to Manulife Inc. for the maintenance construction of their parking garage. She advised that the construction is setting off the fire alarm causing problems for the neighbouring residences. G. Sosnoski, General Manager, Corporate Services Department, advised that staff could look after this matter and that By-law Enforcement would contact Manulife Inc. and have the problem corrected. Mayor C. Zehr advised of an additional item for in-camera discussion which is subject to solicitor-client privilege. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That an in-camera meeting of City Council be held this date to consider three matters subject to solicitor-client privilege." Carried. The meeting then recessed at 3:14 p.m. and re-convened at 4:59 p.m., Chaired by Mayor C. Zehr and with all members present. Councillor J. Gazzola requested consideration of an additional item not listed on the special Council agenda regarding the request from Homeniuk Rides Inc. to extend their midway licence at 707 Ottawa Street South. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That pursuant to Section 25.4.4 of Chapter 25 (Council Procedure) of the Municipal Code, the following matter be added to the agenda of the special meeting of Council of October 6, 2003: consideration of Corporate Services Department report CRPS-03-184 (J. Koppeser), dated SPECIAL COUNCIL MINUTES OCTOBER 6, 2003 - 387 - CITY OF KITCHENER October 6, 2003 regarding a request to operate a midway at 707 Ottawa Street South from October 7 - 13, 2003." Carried Unanimously. Council then considered Corporate Services Department report CRPS-03-184 regarding a request to operate a midway. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That Homeniuk Rides Inc. be granted permission to operate a midway at 707 Ottawa Street South, from October 7 - 13, 2003, providing that all conditions as detailed in the September 15, 2003 Council resolution are complied with." Carried. Council was in receipt of Community Services Department report CSD-03-157 (M. Hildebrand), dated October 6, 2003 regarding soccer programming in the City of Kitchener. M. Hildebrand, Manager, Aquatics and Athletics, advised that staff have been working with the Kitchener Minor Soccer Association (KMS) to ensure the continuation of a soccer program in the City of Kitchener. On September 30, 2003 the KMS membership voted on two resolutions, one to accept the agreement proposed by the City of Kitchener and the second on declaration of bankruptcy following the execution of the agreement. Mr. Hildebrand explained that the proposed agreement was to have all KMS assets turned over to the City of Kitchener to ensure the delivery of the soccer programs in 2004 and the establishment of an advisory board that would develop a new constitution, by-laws and procedures for a new soccer association. Councillor J. Gazzola requested a copy of the financial statement from KMS showing the costs in running the soccer program in 2002. Councillor Gazzola also questioned the proposed draft budget showing a deficit of approximately $60,000. and asked if it was possible to break even. K. Baulk, Director of Enterprise, advised that at this time staff were only requesting approval in principle of the draft budget attached to the report and that a final budget would be presented to Council on October 20, 2003. He also advised that in order to move quickly in preparing for the new soccer season, staff is also requesting authority to hire a program director and administrative staff to run the soccer programs. M. Hildebrand pointed out that with respect to the draft budget, an opportunity does exist to rent out the Budd Park facility which may add to the revenues. Mayor C. Zehr noted that currently the City of Kitchener provides $16,000. in annual grants to KMS which is not included in the proposed draft budget. Councillor Gazzola expressed his support for the City undertaking steps to ensure the continuation of the soccer program in 2004 and suggested that the primary support for the program should be in the area of recreational as opposed to competitive program delivery. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the City of Kitchener, in order to ensure the stability and success of soccer in Kitchener approves as follows: 1. in principle, the budget estimates to operate the 2004 soccer season attached to Community Services Department report CSD-03-157; 2. the hiring of a Program Director and Administrative Assistant to plan and administer the 2004 soccer season; and, 3. the formation of an Advisory Board to assist with the strategic and program elements for the 2004 soccer season." Councillor M. Galloway requested a recorded vote. The motion was voted on and Carried, Unanimously. J. Fielding, Chief Administrative Officer, gave a PowerPoint presentation on the Kitchener Minor Soccer Association, the Affiliate and Minor Sport Affiliate Programs and, the Community Loans Program. Mr. Fielding provided the key dates and decisions made with respect to the KMS and the agreements and SPECIAL COUNCIL MINUTES OCTOBER 6, 2003 - 388 - CITY OF KITCHENER arrangements made between KMS and the City of Kitchener. He provided a chronology of events and the financial decisions leading up to the Association becoming insolvent. Mr. Fielding discussed the Affiliates Program and Minor Sport Affiliate Policy and recommended: a financial review of all affiliates; strengthening and revision of the Minor Sport Affiliate Policy to ensure proper reporting procedures; and, adoption of internal procedures to properly execute the provisions of the policies. Mr. Fielding also discussed the Community Loans Program and recommended: a review of the Program; evaluation of all outstanding loans under the program; and, that no new financial commitments with affiliates or community groups be made until the review and evaluation are completed. In answer to questions from Council, J. Fielding advised that as part of an affiliate agreement and community loan, organizations are required to submit financial information but the City has not been as vigilant as it should be in ensuring this happens. He further advised that the review and evaluation of these programs as recommended would result in better reporting and timely assessment of the organization's financial situation. In answer to questions raised regarding the Budd Park soccer fields, M. Hildebrand advised that the original agreement between KMS and the City of Kitchener was for the creation of four soccer fields of which at this time, two have been completed and the remaining two would be ready for use in the Spring of 2004. Councillor J. Gazzola asked who was paying for the forensic audit and the cost of the audit. He was advised that the firm of KPMG was retained and is working for Kitchener Minor Soccer but the audit is being paid for by the City of Kitchener. With respect to the cost of the audit, J. Fielding advised that staff would report back to Council with the estimate. Mayor C. Zehr pointed out that Budd Park was an asset that will be retained by the City of Kitchener therefore the potential loss to the City will not be as great as anticipated. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the following recommended actions contained in the presentation entitled 'Kitchener Minor Soccer Update to Council' dated October 6, 2003, be endorsed: 1. Review the financial position of all Affiliates and report back to Council as soon as possible; 2. Strengthen and revise the Minor Sport Affiliate Policy and other Affiliate relationships to ensure proper oversight and reporting procedures between the City and its Affiliates; 3. Adopt internal procedure to properly execute revisions of the Affiliate policies; 4. Review and revise, as necessary, the Community Loans Program; 5. Evaluate all outstanding loans, provided under the Loans Program, and determine any and all financial risk relating to repayments to the City; 6. Make no new financial commitments for partnerships with Affiliates or Community Groups until the aforementioned review and evaluation are completed." Carried. The meeting then recessed at 5:45 p.m. and re-convened at 9:37 p.m. with all members present except Councillors B. Vrbanovic and J. Smola. Council considered the recommendations arising from the Development and Technical Services Committee meeting held earlier this date regarding demolition permits for 117 & 121 Ottawa Street North and 640 Hidden Valley Road. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Demolition Control Application DC 03/09/O/TMVV (Kitchener Church of God), requesting approval for the demolition of two single detached dwellings, located at 117 and 121 Ottawa Street North, on lands legally described as Part of Lot 26, Registered Plan 656, be approved in principle, subject to the following conditions: SPECIAL COUNCIL MINUTES OCTOBER 6, 2003 - 389 - CITY OF KITCHENER 1) That the owner receive final approval of Site Plan Application SP 03/41NV/TMW and that the Section 41 Agreement be registered on title to the subject property and that all "pre- building permit conditions" of the Agreement be satisfied prior to the owner receiving any demolition and/or building permits. 2) That the owner obtains a building permit for the proposed development; and further, Upon the satisfaction of Conditions 1 and 2, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: 1) That in the event the expansion to the existing religious institution is not substantially complete within 2 years of the date of demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000.00 for each dwelling unit in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. It is the opinion of this Committee that approval of this application is proper planning for the City." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Demolition Control Application DC 03/10/H/TMW (Dan Sack), requesting approval for the demolition of a single detached dwelling, located at 640 Hidden Valley Road, on lands legally described as Lot 14, Registered Plan 1523, be approved in principle, subject to the following conditions: 1) That the City is advised by the Grand River Conservation Authority that a Fill, Construction and Alteration to Waterways Permit is not required. 2) That the owner obtains a building permit for the new single detached dwelling. Upon the satisfaction of Conditions 1 and 2, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: 1) That in the event that the construction of the new single detached dwelling is not substantially complete within 2 years of the date of demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000.00 for each dwelling unit in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. It is the opinion of this Committee that approval of this application is proper planning for the City." Carried. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times, be finally passed and numbered 2003-183 by the Clerk." Carried. OCTOBER 6, 2003 SPECIAL COUNCIL MINUTES - 390 - On motion, the meeting adjourned at 9:40 p.m. CITY OF KITCHENER MAYOR CLERK