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HomeMy WebLinkAboutFinance & Admin - 2000-08-21FINANCE & ADMINISTRATION COMMITTEE MINUTES AUGUST 21, 2000 CITY OF KITCHENER The Finance and Administration Committee met this date, chaired by Councillor J. Ziegler, commencing at 10:13 a.m., with the following members present: councillors T. Galloway, G. Lorentz, Jake Smola, John Smola, K. Taylor-Harrison, B. Vrbanovic, C. Weylie and M. Yantzi. Officials Present: Ms. P. Houston, Ms. C. Ladd, Ms. P. Harris, Ms. A. Brockelbank, Ms. L. Marshall, and Messrs., J. Gazzola, S. Gyorffy, G. Melanson, G. Richardson, G. Sosnoski, F. Pizzuto, R. Keirstead, T. Fox, D. Patterson and D. Corks and Ms. D. Gilchrist 1. K.D.B.A. REQUEST FOR FURTHER EXPANSION TO BOUNDARIES OF DOWNTOWN IMPROVEMENT AREA The Committee was in receipt of a written submission from the Kitchener Downtown Business Association, dated August 9, 2000, outlining their request for a further expansion to the boundaries of the Downtown Improvement Area to coincide with those proposed in Municipal Plan Amendment Application MP 99/06/D/JG. Ms. M. Green appeared as a delegation to represent their request and briefly explained the request to update the expansion of the boundary area, noting that this is a further expansion from that approved by Council in September 1999. She advised that they are looking for approval from the City to have their boundaries match those proposed in the current Municipal Plan Amendment Application which would include the warehouse district and an office block at Weber Street and Frederick Street. Councillor K. Taylor-Harrison spoke in support of the request advising of her opinion that it is important that the two boundaries be the same. She put forward a motion to approve the request of the K. D. B.A. Councillor T. Galloway questioned whether it was critical for Council to approve this expansion, in principle, before the public meeting and Ms. Green advised that the K.D.B.A. feels that it is important. A discussion then took place with respect to the surcharge for being located in the Downtown Improvement Area and whether the property owners in the proposed expansion area are aware of this surcharge. Ms. Green responded that this matter has been discussed. She noted that a courtesy meeting would be held on September 14, 2000, with respect to providing information to the owners in the area and following that the required formal process will take place. A discussion then took place where Ms. Green explained the formal process including the required written notice of intention, the appeal period and that the K.D.B.A. would be coming forward on the 25th of September to request the formal approval. Councillor Galloway questioned whether the property owners are aware of the 5% surcharge and Ms. Green advised that this information will be provided to them at the courtesy meeting on September 14. She also noted that the K.D.B.A. is proposing to reduce the surcharge from the current 8% to 5%. On motion by Councillor K. Taylor-Harrison - is was resolved: "That Council approve, in principle, of the request of the Kitchener Downtown Business Association for a further expansion of the boundary of the Downtown Improvement Area to coincide with the boundary proposed in Municipal Plan Amendment Application MP 99/06/D/JG." FIN-00-013 - COMMUNITY LOAN REQUEST - J.M. DRAMA, REGISTRY THEATRE The Committee was in receipt of staff report FIN-00-013, dated August 14, 2000, in which staff recommend that the terms of the Community Loan to J. M. Drama, as approved by Council on February 14, 2000, be amended so as to permit J. M. Drama to keep the first $94,000. of capital grants or donations and that anything in excess of that amount would be applied directly to reduce the loan. Mr. D. Bourgeois appeared as a delegation to explain the request advising that it is the request of J.M. Drama to use the $94,000. of Millennium funding for cost overruns on the project. He noted that there were also unexpected costs involved. FINANCE & ADMINISTRATION COMMITTEE MINUTES AUGUST 21, 2000 - 65- CITY OF KITCHENER FIN-00-013 - COMMUNITY LOAN REQUEST - J.M. DRAMA, REGISTRY THEATRE (CONT'D) Councillor B. Vrbanovic questioned whether any of the work has started yet and Mr. Bourgeois advised that it had not, due to Council's resolution it was not possible to go to contract until the cost over runs were dealt with. He noted that a letter of intent has been issued to the chosen contractor and that once this issue has been dealt with, if favourable, the work would commence and be substantially completed by the end of October. Mr. Bourgeois noted that they have bookings starting on November 7, 2000. Councillor B. Vrbanovic put forward the recommendation contained in the staff report. Councillor Weylie questioned their fundraising efforts and successes and Mr. Bourgeois advised that they need a broader fundraising target and they will be working out a strategy over the next 6 months. On motion by Councillor B. Vrbanovic- it was resolved: 'That the terms of the Community Loan to J.M. Drama, as approved by Council on February 14, 2000, be amended as follows: 'Term 3. -Any capital grants or donations received by J.M. Drama for this project, in excess of $94,000., will be applied directly to reduce this loan.' Carried Unanimously. PW-00-038 - LANDSCAPE DISPUTE - 63 & 65 INWOOD CRESCENT The Committee was in receipt of staff report PW-00-038, dated August 15, 2000, recommending an encroachment agreement with the owner of 65 Inwood Crescent to legalize the existing landscaping encroachment onto the road allowance of Inwood Crescent. It was noted in the report that Council, at its meeting of July 4, 2000, had directed consideration of the dispute between the owners of 63 & 65 Inwood Crescent at this meeting. Photographs of the subject properties, taken by staff, were circulated at this meeting and Committee members were in receipt of plans of the subject properties. Mr. John Weiss, owner of 63 Inwood Crescent and Mr. Bruce Meyer, owner of 65 Inwood Crescent appeared as delegations, in this regard. Mr. Weiss distributed copies of a sketch of the two driveways and the City owned property between, which also showed the property line and his proposed line of responsibility for the City owned property between the two driveways. Mr. Weiss explained his proposal for a line of responsibility, noting that if Council agrees with this concept he would request that an edging material be installed to maintain the line. When questioned by Councillor Weylie as to what the edging material would be, Mr. Weiss suggested a 2" x 6" turned on end. Mr. Weiss also noted that, in the current situation, he still has a problem finding a location for his garbage can. Mr. Meyer addressed the Committee noting that the staff report recommends continuation of the current situation. He stated that Mr. Weiss is asking for edging to be installed on property which staff have advised is Mr. Meyer's responsibility to maintain. In addition, Mr. Meyer advised that grass will not grow in this area due to the existence of trees, which is why he removed the grass and installed the planting. When questioned by Councillor Weylie as to his opinion of Mr. Weiss' suggestion, Mr. Meyer advised that he did not agree with it. He advised that he had already agreed to the installation of a 1 foot wide strip of sod. Councillor Lorentz questioned staff as to where Mr. Weiss could locate his garbage can and Mr. Gyorffy advised that the contractor could be directed to collect the garbage from a place other than that indicated in the By-law. FINANCE & ADMINISTRATION COMMITTEE MINUTES AUGUST 21, 2000 - 66- CITY OF KITCHENER PW-00-038 - LANDSCAPE DISPUTE - 63 & 65 INWOOD CRESCENT (CONT'D) Councillor Jake Smola questioned who would be responsible for maintaining the landscaping if the staff recommendation were to be adopted and Mr. Gyorffy advised that it would be the owner of 65 Inwood Crescent. A brief discussion then took place with respect to the width of the existing grass strip currently along Mr. Weiss' driveway, as shown in the photographs and Mr. Weiss advised that it widens from 2 ¼ feet to 3 feet over a distance of 20 feet. Councillor Weylie expressed concern with respect to an encroachment agreement, questioning whether notice to the other neighbours is required. Mr. Melanson advised that notice does not have to be given, and there usually is no problem; as encroachment agreements deal with situations that already exist. Upon further questioning by Councillor T. Galloway concerning conditions in development agreements, Mr. Melanson advised that the Committee was free to deal with the recommended encroachment agreement. Councillor Jake Smola put forward a proposal that an 18 inch strip of sod be installed parallel to the sidewalk and another 18 inch strip of sod be installed parallel to the driveway at 63 Inwood Crescent. He recommended that the rock be permitted in its current location and the remainder of the garden be permitted. Councillor C. Weylie advised that she was not in agreement with Councillor Jake Smola's proposal, she proposed a 24 inch strip of sod adjacent to the driveway at 63 Inwood Crescent. She also recommended that the rock be permitted in its current location and the remainder of the planting beside the driveway at 65 Inwood Crescent could remain. Councillor G. Lorentz asked that the garbage contractor be directed to pick-up the garbage for 63 Inwood Crescent from this strip of sod. On motion by Councillor C. Weylie - it was resolved: "That a 24 inch strip of sod be installed on the City owned property adjacent to the left side of the driveway of the property municipally know as 63 Inwood Crescent; with the plantings installed by the owner of 65 Inwood Crescent between the driveways being reduced in order to accommodate the 24 inch strip of sod; and, That the rock on the City owned property between the driveways at 63 and 65 Inwood Crescent may remain in its current location; and, That the Mayor and Clerk be authorized to execute encroachment agreements with the owners of 63 and 65 Inwood Crescent with respect to their use of the City owned property located between their driveways; and further, That the contracted garbage collector be requested to collect the garbage for 63 Inwood Crescent from the sod strip on the left side of the driveway." 4. BPS-00-105 REQUEST FOR LIQUOR LICENCE INSPECTOR FOR KITCHENER The Committee was in receipt of staff report BPS-00-105, dated August 21, 2000, recommending that Council request of the Alcohol and Gaming Commission a Liquor Licence Inspector to be permanently assigned to the City of Kitchener. Ms. Molly Green of the K.D.B.A. appeared as a delegation in support of the staff report. She suggested that the Alcohol and Gaming Commission has a lack of inspectors. She also noted that the Commission has been supportive of the City's position and that the bar owners have been extremely co-operative and have made attempts to comply. Councillor B. Vrbanovic advised that he is in support of the recommendation noting that the existing Inspector has a very large territory. FINANCE & ADMINISTRATION COMMITTEE MINUTES AUGUST 21, 2000 4. BPS-00-105 - 67- CITY OF KITCHENER REQUEST FOR LIQUOR LICENCE INSPECTOR FOR KITCHENER (CONT'D) A discussion took place as to what authority there is for the Kitchener Fire Department and the Police to be involved in these matters. Mr. Melanson advised that the Police can enforce the Liquor Licence Act; however, they are not knowledgable of all aspects of the Act. He stated that he was not aware that the Fire Department could enforce the Liquor Licence Act. Discussion took place with respect to inspections made by the Kitchener Fire Department related to occupancy loads and exits. Councillor J. Ziegler questioned whether any other municipalities have there own Inspector and Mr. Fox advised that he was not aware that this was the case, except possibly for Toronto. Mr. Fox suggested that another option was to do this on a Regional basis noting that he has spoken with Regional staff and they seem supportive. Councillor K. Taylor-Harrsion moved the recommendation contained in the staff report. Councillor J. Zeigler requested that the recommendation be reworded to request a Liquor Licence Inspector for the Region of Waterloo and that this recommendation be forwarded to the Cities of Kitchener, Cambridge and the Region for their endorsement. Councillor K. Taylor-Harrison agreed to this amendment. On motion by Councillor K. Taylor-Harrison - it was resolved: "That Council make a request in writing to the Alcohol and Gaming Commission for a liquor licence inspector to be permanently assigned to the Region of Waterloo; and further, That is resolution be forwarded to the Regional Municipality of Waterloo, the City of Cambridge and the City of Waterloo for their endorsement." CRPS-00-047 - MUNICIPAL ELECTION - ADVANCE VOTING The Committee was in receipt of staff report CRPS-00-047, dated August 2, 2000, recommending that a by-law be prepared to provide for four Advance Voting places to be held in City Hall in the month of November. On motion by Councillor G. Lorentz - it was resolved: "That a by-law be prepared to provide that four Advance Voting places will be held in City Hall between 10:00 a.m. and 6:00 p.m. on the following dates: Thursday November 2, 2000, Friday November 3, 2000, Saturday November 4, 2000, Monday November 6, 2000." CRPS-00-051 - REQUEST BY K-W GYMNASTICS TO HOLD BINGOS AT BINGO COUNTRY The Committee was in receipt of staff report CRPS-00-051, dated August 15, 2000, with respect to the request received from the K-W Gymnastics Club to hold bingos at Bingo Country. On motion by Councillor B. Vrbanovic- it was resolved: "That the City of Kitchener has no objection to a Municipal Lottery Licence being issued to the Kitchener Waterloo Gymnastics Club to hold bingos at Bingo Country, 1356 Weber Street East, Kitchener." FINANCE & ADMINISTRATION COMMITTEE MINUTES AUGUST 21, 2000 - 68- CITY OF KITCHENER 7. CRPS-00-052 - CHARITABLE PLACE OF REFRESHMENT LICENCE - NEIGHBOURHOOD BARBEQUE - GLENWOOD DRIVE, IDLEWOOD DRIVE, SHUH AVENUE The Committee was in receipt of staff report CRPS-00-052, dated August 16, 2000, with respect to a request received from the Glenwood Drive, Idlewood Drive and Shuh Avenue neighbourhood to hold a barbecue. On motion by Councillor B. Vrbanovic - it was resolved: "That the neighbourhood of Glenwood Drive, Idlewood Drive, and Shuh Avenue be granted permission to operate a place of refreshment at Glenwood Drive on Saturday August 26, 2000, provided the necessary licence, including Health and Fire is obtained; and further, That the Charitable Place of Refreshment licence fee of $10.00 be applicable." 8. FIN-00-008 - DEBENTURE FINANCING The Committee was in receipt of staff report FIN-00-08, dated July 20, 2000, recommending a revision to the 2000 debenture funding with respect to the projects of resurfacing of City streets, the Farmer's Market, the Children's Museum, the Fire Training Building, the Gaukel Streetscape and the Strange Street Reconstruction as well as the Doon Valley Golf Course Expansion. Ms. P. Houston addressed the committee advising these programs are being relocated because they are not moving ahead as quickly as thought. On motion by Councillor G. Lorentz - it was resolved: "That the specific projects requiring 2000 debenture funding be revised as follows: increase debenture funding by $1,732,000. for Resurfacing of City Streets, $422,000. for the Farmers' Market, and reduce debenture funding by $750,000. for the Children's Museum, $1,111,000. for the Fire Training Building, $173,000. for Gaukel Street scrape and $120,000. for Strange Street Reconstruction; with the overall total debenture financing unchanged, except that the 2000 Enterprise debentures to be issued for the Doon Valley Golf Course Expansion totalling $2,589,000. be deferred and issued in 2001 ." 9. FIN-00-009 - GASWORKS EXCESS SURPLUS TRANSFER The Committee was in receipt of an information report from staff, FIN-00-009, dated August 10, 2000, with respect to the gasworks excess surplus transfer. Ms. P. Houston was in attendance and presented the report. Councillor T. Galloway questioned how much different this was then the projected and Ms. Houston advised that $500,000. per year was projected and this looks better by $1,500,000. for the one year transfer. 10. FIN-00-010 - SICK LEAVE RESERVE FUND PROJECTION The Committee was in receipt of staff report FIN-00-010, dated July 26, 2000, with respect to the Sick Leave Reserve Fund Projection, which was submitted for information only. Councillor J. Zeigler questioned the City's policy with respect to paying retirees 100% to a maximum of six months from the Sick Leave Reserve Fund. He advised that he had spoken with Regional staff, noting that the Region pays only 50% and the fact that Regional staff have suggested that the City's policy is illegal according to the Municipal Act. Following discussion the following motion was adopted. FINANCE & ADMINISTRATION COMMITTEE MINUTES AUGUST 21, 2000 - 69- CITY OF KITCHENER 10. FIN-00-010 - SICK LEAVE RESERVE FUND PROJECTION (CONT'D) On motion by Councillor J. Zeigler - it was resolved: "That staff be directed to review the provisions of the Municipal Act to determine whether the City's current practice of paying retiring employees 100% of their sick leave to a maximum of 6 months salary is legal; with staff to report at a future Finance and Administration Committee Meeting." 11. BPS-00-093 REQUEST FOR BY-LAW MUNICIPAL CODE CHAPTER 650 (LOT MAINTENANCE) - 35 HIGHLAND ROAD EAST The Committee was in receipt of a staff report BPS-00-093, dated July 19, 2000, requesting that Council consider a by-law at its August 28, 2000 meeting authorizing the removal of waste material from 35 Highland Road East in accordance with Municipal Code Chapter 650 (Lot Maintenance). On motion by Councillor M. Yantzi - it was resolved: "That Council consider a by-law at its meeting of August 28, 2000, authorizing the removal of waste material from 35 Highland Road East, at the property owners expense, if this has not been done by the owner on or before August 27, 2000.' 12. CRPS-00-045 - NEW HUMAN RESOURCES POLICIES - WORKPLACE CONDUCT -ALTERNATIVE DISPUTE RESOLUTION The Committee was in receipt of staff report CRPS-00-045, dated August 21, 2000 recommending new Human Resources policies with respect to Workplace Conduct and Alternative Dispute Resolution. Copies of the draft policies were attached to the staff report. Councillor Jake Smola suggested that the Chief Administrative Officer be included in the list of those people to whom staff may report violence, threats, intimidation and other disruptive behaviour. Mr. Paterson advised that he was not opposed to Councillor Jake Smola's suggestion but was concerned about accessibility. Mr. J. Gazzola advised that he had no objection to having the CAO added to the list. A discussion then took place with respect to the Alternative Dispute Resolution and who controls and has access to the records. Mr. Paterson advised that the City would use third party mediators and the protocol is decided at the beginning of the process. On motion by Councillor G. Lorentz - it was resolved: "That Council adopt the draft policies with respect to Workplace Conduct and Alternative Dispute Resolution as attached to staff report CRPS-00-045, dated August 21, 2000, subject to an amendment to the policy on Workplace Conduct to add the Chief Administer Officer to the list of persons to whom an employee may report violence, threats, intimidation and other disruptive behaviour." 13. PW-00-042 - CAPITAL BUDGET - BRIDGE REPAIRS The Committee was in receipt of staff report PW-00-042, dated August 16, 2000, recommending financing of major rehabilitation of bridge structures in the capital forecast. Ms. P. Houston requested that the term 'Capital Forecast' be changed to ' Capital Budget Process'. FINANCE & ADMINISTRATION COMMITTEE MINUTES AUGUST 21, 2000 - 70- CITY OF KITCHENER 13. 14. PW-00-042 - CAPITAL BUDGET - BRIDGE REPAIRS (CONT'D) On motion by Councillor John Smola - it was resolved: "That the amount of $820,000. be added to the Capital Budget process to fund the major rehabilitation of bridge structures as follows; 2001 - $345,000., 2002 - $210,000., and 2003 - $265,000." LEG-00-039 - SET FINES FOR: - ZONING BY-LAW 85-1 - MUNICIPAL CODE CHAPTER 408 (ANIMALS) - MUNICIPAL CODE CHAPTER 270 (PARKS) The Committee was in receipt of staff report LEG-00-039, dated August 15, 2000, recommending set fines and short form wording for specific offences under Zoning By-law 85-1, Municipal Code Chapters 408 (Animals) and 270 (Parks). Ms. L. Marshall was in attendance to represent the report and answer any questions the Committee might have in this regard. It was noted by Councillor B. Vrbanovic that there is no fine for a dog biting a human. Following a brief discussion Councillor Vrbanovic put forward a motion directing staff to amend the By-law to include the offence of biting a human along with a short form wording and that the Legal Department consult with the Human Society for a recommended fine. Councillor Vrbanovic questioned whether staff used any benchmarks in setting the fines as proposed and Ms. Marshall advised that there are maximum fine amounts and that staff reviewed other fines being charged and the severity of the offence. A brief discussion then took place with respect to the enforcement process and exceptions to the by-law. On motion by Councillor B. Vrbanovic- it was resolved: "a) That Council consider a by-law at its meeting of August 28, 2000, amending Chapter 270 (Parks) of the Municipal Code to reflect the new maximum fine of $5,000. b) That Council approve the short form wording and suggested fine amounts for the offences under Chapter 408 (Animals - Regulations) of the Municipal Code, as set out in Schedule 'A' to staff report LEG-00-039; and further, That the City Solicitor be authorized to submit this matter to the Regional Senior Judge of the Ontario Court of Justice for the establishment of set fines. c) That Council approve the short form wording and suggested fine amounts for the offences under Chapter 270 (Parks) of the Municipal Code, as set out in Schedule 'B' to staff report LEG-00-039; and further, That the City Solicitor be authorized to submit this matter to the Regional Senior Judge of the Ontario Court of Justice for the establishment of set fines. d) That Council the offences Schedule 'C' approve the short form wording and suggested set fine amounts for under Zoning By-Law 85-1 of the City of Kitchener, as set out in to staff report LEG-00-039; and further, That the City Solicitor be authorized to submit this matter to the Regional Senior Judge of the Ontario Court of Justice for the establishment of set fine. FINANCE & ADMINISTRATION COMMITTEE MINUTES AUGUST 21, 2000 14. LEG-00-039 - 71- CITY OF KITCHENER -SET FINES FOR: - ZONING BY-LAW 85-1 - MUNICIPAL CODE CHAPTER 408 (ANIMALS) - MUNICIPAL CODE CHAPTER 270 (PARKS) (CONT'D) e) That staff prepare a by-law for consideration by Council to establish short form wording and set fine for the offence of a dog biting a human; and, That staff consult with the Humane Society to establish an appropriate fine for this offence." ADJOURNMENT On motion, the meeting adjourned at 12:00 noon. 16. Dianne H. Gilchrist Committee Administrator