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HomeMy WebLinkAboutFinance & Admin - 1999-02-22FAC\1999-02-22 FEBRUARY 22, 1999 FINANCE & ADMINISTRATION COMMITTEE MINUTES CITY OF KITCHENER The Finance and Administration Committee met this date commencing at 10:44 a.m. under Councillor J. Ziegler, Chair, with the following members present: Mayor C. Zehr and Councillors Jake Smola, G. Lorentz, B. Vrbanovic, T. Galloway, C. Weylie, J. Haalboom and John Smola. Councillor K. Taylor- Harrison entered the meeting shortly after ifs commencement. Officials present: Ms. L. Pasternak, Ms. C. Ladd, Ms. J. Koppeser, Ms. D. Arnold, Ms. J. Jantzi, and Messrs. J. Gazzola, J. Shivas, T. Clancy, D. Mansell, G. Sosnoski, E. Kovacs, R.W. Pritchard, T. McCabe and L.W. Neil. 1. MR. R. HAMM - MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLES) Mr. Rich Hamm appeared as a delegation in support of his correspondence dated February 9, 1999 distributed with the agenda in which he requests that Chapter 586 of the Municipal Code be amended by deleting Section 586.3.15. Mr. Hamm advised that he was licensed as a street vendor to operate a hotdog cart on public property but wishes to expand his business by locating in the parking lot of the Toys R Us store on Fairway Road. Accordingly, he has requested that the by-law be amended so as to allow him to operate a refreshment trailer and cart from the parking lot. He maintained that his business would not compete with the Jack Astor's Restaurant and stated that it was his view that the regulation was brought in to assist local restauranteurs. Councillor K. Taylor-Harrison entered the meeting at this point. Mr. Hamm stressed that the competition should not be allowed to veto business plans of others and then commented with respect to Council's actions in its consideration of hot dog carts in the downtown on the basis that approved locations were to appease restauranteurs. He stated that he has permission from the landlord of the Toys R Us property to operate from the site. In response to questions from members of the Committee Mr. Hamm indicated that the trailer was 16 by 8 feet in size and that the lands were under separate ownership with Toys R Us owning the parcel in which he wished to locate. Ms. J. Koppeser, Manager of Licensing, reviewed the consideration that was given by Council that led to amendment of Chapter 586 that would allow for appeals to be heard at a hearing as it relates to licence applications under the by-law. She also indicated that Council had concerns regarding the potential for a number of refreshment vehicles to locate too close to one another and had included a provision in this regard in the by-law. In response to Councillor Jake Smola, she advised that Mr. Hamm had not filed an application for a refreshment vehicle license and Councillor Jake Smola suggested Mr. Hamm make the application which would then allow the process to go forward if Mr. Hamm was unsuccessful in obtaining issuance of a license by staff. Mayor C. Zehr concurred that the provisions were clearly set out in the by-law for Mr. Hamm to apply for a license and if denied he was free to lodge an appeal. Councillor T. Galloway commented that the entire process was put in place to address this type of request and it was his view that the by-law has a good balance in this regard. Councillor B. Vrbanovic also stated that he felt the by-law had been well thought out and the requirements should not be altered. By general consent, it was suggested to Mr. Hamm that he make the necessary application for his intended business. 2. MR. B. SNIATENCHUK - PIONEER LIONS CLUB - MEDIA BINGO Mr. Boris Sniatenchuk appeared as a delegation on behalf of the Pioneer Lions Club as a follow- up to approval that was given in April 1998 allowing the sale of media bingo cards and a request that the matter be reviewed in six months time. He noted that he was involved with the operation of the Regional Cable TV Bingo since December 1, 1998 and that the intent of the games was to serve those that could not attend at bingo halls. Mr. Sniatenchuk pointed out that Council had requested that a report be brought back in six months regarding the operation but it was unclear at what point the clock was to start ticking with regard to the six month request. The Committee was in receipt of a report dated February 17, 1999 from the Manager of Licensing confirming that Council had approved the Club selling media bingo cards for a bingo game which would be operated each Tuesday on the local Rogers Cable TV station and that approval was conditional upon the Club reporting back in six months. Further, the licence for MR. B. SNIATENCHUK - PIONEER LIONS CLUB - MEDIA BINGO (CONT'D) FINANCE & ADMINISTRATION COMMITTEE MINUTES FEBRUARY 22, 1999 -21- CITY OF KITCHENER this event was issued by the City of Guelph and will expire after the bingo of March 9, 1999. Accordingly, before Guelph issues another licence Council approval would again be required. Attached to the report was a summary of statistical data on the operation of bingo's in Kitchener on Tuesday nights for the last seven or eight months. In response to Councillor T. Galloway, Mr. Sniatenchuk advised that the bingo was generating a good margin for the Club. Mayor C. Zehr asked if an explanation could be given for the trend lines in the statistical report and Ms. Koppeser provided comment in that regard noting that attendance, revenues and profits appear to have been fluctuating up and down. Councillor B. Vrbanovic questioned if any concerns or problems have been raised regarding the bingo operation and Ms. J. Koppeser advised that some charities have expressed a concern about the way the bingo is being operated and that she had referred them to provincial officials. It was noted that profits for a three month period were in range of $6,000 - $8,000. The Committee was supportive of the bingo; however, Councillor B. Vrbanovic requested that staff verify with the City of Guelph that there were no outstanding issues or concerns before Kitchener Council finally deals with this matter. On motion by Councillor G. Lorentz, it was resolved: "That subject to a maximum prize board of $3,000.00, with a maximum of six $5,500.00 prize boards per calendar year, the Council of the City of Kitchener approve the request of the Kitchener Pioneer Lions Club to sell media bingo cards in the City of Kitchener, effective March 1, 1999 for a one year term; and further, That the Club be directed to bring any proposed change to the prize boards to the Twin City Committee for consideration." MR. E. BOWMAN - LETTER OF CREDIT FOR SUBDIVISION AND COMPLETION OF UNDERGROUND SERVICES Mr. Ed Bowman appeared as a delegation regarding wording contained in the City's standard Subdivision Agreement as it relates to Subdivision 30T-86016 - Highland West Subdivision, Phase 1. The Committee was in receipt of a report dated February 22, 1999 from Mr. D. Mansell pertaining to Mr. Bowman's concern and attaching copies of the conditions of the subdivision agreement that Mr. Bowman wished to refer to. Mr. Bowman firstly referred to Condition 29 which deals with guarantees pertaining to underground works and above ground works being accepted separately and secondly to Condition 31(a)(i) that deals with the deposit of securities for performance and under subcondition (i) it is stated that these securities are to be proportionately reduced as the work is accepted. Mr. Bowman stated that accordingly he was under the impression that release would take place as the job went ahead and that a $430,000 payout was involved. He suggested that he would have held off certain work until spring but relied on the condition stating that underground works would be treated separately. He suggested that the wording of the clause should be revised so as to refer to underground works and to base asphalt. Accordingly, he strongly suggested that staff consider this issue and undertake to revise future agreements. Mr. D. Mansell referred the Committee to the background information contained in his February 22nd report respecting the City's standard Subdivision Agreement and more specifically to the issue of what are defined as underground services and above ground services. An explanation was given with regard to the inclusion of base course asphalt in the City's Policy relative to underground services. Further, Mr. Mansell pointed out that applicants had the option of posting 60% or 100% security for the subdivision work and he noted that 100% allows the applicant to obtain building permits. In the case of Mr. Bowman, security for 60% was posted. Mr. Mansell advised that staff had been working for a number of years on a new standard form subdivision MR. E. BOWMAN - LETTER OF CREDIT FOR SUBDIVISION AND COMPLETION OF UNDERGROUND SERVICES (CONT'D) FINANCE & ADMINISTRATION COMMITTEE MINUTES FEBRUARY 22, 1999 - 22- CITY OF KITCHENER agreement and that changes in this regard would be placed before Council in the near future. In response to Councillor B. Vrbanovic, Mr. Mansell advised that in the case of Mr. Bowman's subdivision approximately 50% of the contract has been completed but he noted that if the City was to start reducing the 60% security it may not have enough to cover services that have yet to be completed. Mr. Mansell indicated that comments expressed by the Committee this date would be considered as staff finalize the new subdivision agreement. No action or direction from the Committee was forthcoming relative to this matter. 4. HUMANE SOCIETY - INSPECTION REPORT The Committee was in receipt of a report dated February 19, 1999 from Ms. L. Pasternak, Associate Solicitor, prepared in response to Council's January 18th directive that staff conduct an inspection of the pound facility provided under the City's contract with the Kitchener-Waterloo and North Waterloo Humane Society and to make a determination whether the facility conforms to the terms of the contract. She stated in her report that investigation by staff illustrates that the pound facility does conform to the terms of the contract. Ms. Pasternak made comments as to legislative requirements and contractual requirements as part of her presentation. Councillor G. Lorentz commented that he was pleased to see the results were positive and recommended that based on all the information presented, the Committee accept the report and conclude this matter by indicating the City's satisfaction with the level of service being provided. Councillor T. Galloway suggested that a statement of stronger support for the work of the Humane Society be made as part of any resolution and suggested that the City must be careful not to take up every cause that is presented to them. Further, he pointed out that the City does not undertake to audit the operations of other organizations with which the City had contracts. In response to a question raised, Ms. Pasternak confirmed that contractual obligations with the City were being met by the Humane Society. Councillor B. Vrbanovic commented that the issue of an audit review could be dealt with if wished when the new contract comes up for consideration. Councillor J. Haalboom inquired as to Council's wish to take any further action regarding this matter and Ms. J. Koppeser advised that staff had no other direction other than to undertake the inspections that have now been completed. Councillor J. Ziegler suggested that for future, staff undertake twice yearly unannounced inspections and this issue could be referenced in the new contract. By general consent, direction was given that licensing staff undertake unannounced inspections of the Humane Society facility on a twice yearly basis. On motion by Councillor G. Lorentz, it was resolved: "That the report of Ms. L. Pasternak dated February 19, 1999 relative to inspection of the pound facility of the Kitchener-Waterloo and North Waterloo Humane Society be accepted and no additional action be taken regarding this matter; and further, That Kitchener City Council express its satisfaction with the services being provided by the Humane Society to the Community and commends the Society for its work; and further, That the City of Kitchener will not be a party to any audit request pertaining to the Society." 5. NON-EROTIC TYPE BODY-RUB PARLOURS The Committee was in receipt of a report dated February 17, 1999 prepared jointly by Ms. J. Koppeser, Manager of Licensing and Ms. L. Pasternak, Associate City Solicitor, dealing with the subject of non-erotic type body-rub parlours. It was noted in the report that Council earlier deferred consideration of this matter until a City of Toronto report on the subject of both erotic NON-EROTIC TYPE BODY-RUB PARLOURS (CONT'D) and non-erotic body-rub parlours was completed. FINANCE & ADMINISTRATION COMMITTEE MINUTES FEBRUARY 22, 1999 - 23- CITY OF KITCHENER A brief discussion of the matter took place dealing with issues such as location, permitted zones and existing forms of non-erotic body-rub parlours. Councillor T. Galloway questioned if there was still a need for the proposed by-law and in this regard Councillor B. Vrbanovic questioned if the draft non-erotic licensing by-law would assist in overall enforcement as it relates to licensing erotic body-rub parlours. Ms. J. Koppeser advised that in her opinion the draft by-law would assist on the enforcement side and noted that the City has received complaints as to many of the non-erotic type body rub parlours undertaking advertising under the subject of healthy lifestyles. Councillor Galloway maintained that enforcement measures were in place through the police and accordingly he did not feel the draft by-law was necessary. On motion by Councillor C. Weylie, it was resolved: "That a draft by-law licensing non-erotic body rub parlours be prepared for a future Finance and Administration Committee meeting; and further, That those individuals who expressed an interest in a by-law licensing non-erotic body rub parlours be notified of the above and provided with a copy of the accompanying report and draft by-law in advance of the meeting." 6. LICENSING OF MASTER ELECTRICIANS & ELECTRICAL CONTRACTORS The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated February 17, 1999 recommending an amendment to the Municipal Code, Chapter 539 which deals with licensing of master electricians and electrical contractors. The issue deals with the reciprocal licensing arrangement for their licensing. On a motion by Councillor G. Lorentz, it was resolved: "That Chapter 539 of the City of Kitchener Municipal Code be amended by adding the following to Schedule "A" - A List of Recognized Municipalities/Agencies: 11. The Corporation of the City of Cambridge 12. The Electrical Contractor's Registration Agency (ECRA)" 7. OUTDOOR CIRCUS - K.M.A. COMPLEX PARKING LOT The Committee was in receipt of a report from Ms. J. Koppeser dated February 17, 1999 recommending that the Kitchener Waterloo Shrine Circus be granted permission for an outdoor circus on June 15, 1999. On a motion by Councillor K. Taylor-Harrison, it was resolved: "That the KitchenerANaterloo Shrine Circus be granted permission to hold an Outdoor Circus in the Parking Lot of the Kitchener Memorial Auditorium Complex on June 15th, 1999, providing the necessary Licence and Building Permit are obtained, including the signatures of approval; and further, That satisfactory arrangements are made with the General Manager of Public Works for the collection and disposal of all waste from the site." 8. 1999 STREET VENDORS BY-LAW The Committee was in receipt of a report dated February 17, 1999 from Ms. J. Koppeser recommending that staff be instructed to commence preparation of the 1999 Street Vendors By- law. FINANCE & ADMINISTRATION COMMITTEE MINUTES FEBRUARY 22, 1999 - 24- CITY OF KITCHENER Councillor J. Haalboom expressed concerns as to cleanliness of the operators and their equipment in regard to their handling of food. She felt that appearance and cleanliness of vendors apparel was important just as the health aspects as to food handling. On a motion by Councillor B. Vrbanovic, it was resolved: "That the Manager of Licensing and the Legal Department be instructed to prepare the 1999 Street Vendor's By-law." A motion by Councillor J. Haalboom directing staff to investigate the physical appearance and operational aspects of hot dog carts of street vendors and have these issues included in the Year 2000 Street Vendors By-law was put to a vote and lost. 9. NEW DEVELOPMENT CHARGES POLICY The Committee was in receipt of a letter dated February 17, 1999 from Mr. D. Mansell, Manager of Engineering Development, advising that under the new Development Charge Act municipalities were given until September 1, 1999 to develop a revised policy in accordance with the new legislation and that failure to do so would mean existing Development Charge Policies will no longer be enforceable. Accordingly, the Committee was provided with a Draft Development Charge document which reflects the requirements under Bill 98 as well as listing future municipal expenditures necessary to accommodate new growth over the next 10 years. It was suggested that meetings take place with all stakeholders for the purposes of discussion and input regarding the document which it was hoped to bring to the Committee in final form on June 14, 1999 in order that a new by-law can be enacted prior to September 1, 1999. Mr. Mansell then introduced the Members of the Development Charge Team and asked for approval to take the document out to the public for circulation and comment. Ms. C. Ladd commented on highlights of the document and stated that it was really not that much different in structure than the current one. She touched on some of the provisions as they relate to expansion of existing industrial structures, timing of payment for development charges for a new subdivision, redevelopment allowances, credit provisions for plans of subdivision and basic provisions for administrative matters. Mr. D. Mansell then provided comments as to monetary issues and listed the proposed levies for each type of development along with other clarification. Councillor T. Galloway stated that he had a number of concerns respecting the administration side of the development charge process. Ms. C. Ladd pointed out that a Committee of local, municipal and regional officials has been dealing with this matter and that at this point the Region was considering four alternatives relative to precollection. Councillor J. Haalboom requested that public art be considered as part of the recreational criteria within the policy. On a motion by Councillor G. Lorentz, it was resolved: "That the new Development Charge Policy of the City of Kitchener be tabled; and further, That the City's Development Charge Team be directed to circulate the Development Charge Policy for public review and comment." 10. NEW LEGAL DEPARTMENT FEES Mayor C. Zehr referred to the unfinished business list of the Committee and the lack of referral date relative to a report requested November 30, 1998 on discussions with parties affected by proposed new Legal Department Fees relative to development. It was suggested that this should be completed prior to consideration of the Development Charge Policy. FINANCE & ADMINISTRATION COMMITTEE MINUTES FEBRUARY 22, 1999 - 25- CITY OF KITCHENER 11. On a motion by Mayor C. Zehr, it was resolved: "That a Referral Date of April 30, 1999 be established on the F.A.C. Unfinished Business Agenda pertaining to submission of a report on discussion with parties affected by new Legal Department fees relative to development." ADJOURNMENT On motion, the meeting adjourned at 12:32 p.m. L.W. NElL ASSISTANT CITY CLERK