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HomeMy WebLinkAboutFinance & Admin - 1999-05-10FAC\1999-05-10 FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 10, 1999 CITY OF KITCHENER The Finance and Administration Committee met this date, chaired by Councillor J. Ziegler, commencing at 9:15 a.m., with the following members present: Councillor T. Galloway, Mayor C. Zehr, Councillor J. Haalboom, Councillor G. Lorentz, Councillor John Smola, Councillor B. Vrbanovic and Councillor C. Weylie. Councillor K. Taylor-Harrison and Councillor M. Yantzi were in attendance for part of the meeting. Others present: Ms. L. Pasternak, Ms. J. Koppeser, Ms. P. Houston, Messrs. J. Gazzola, B. Stanley, P. Sinnott, E. Kovacs, J. Hancock, B. Kuntz, G. Sosnoski, J. Shivas, T. Clancy, R. W. Pritchard and Ms. D. Gilchrist. 1. P.M.G. CONSULTING - PUBLIC OPINION POLL The Committee was in receipt of a proposal from P.M.G. Consulting Ltd. for the conduct of a public opinion poll on rationalization/regionalization of services. The proposal included three options: a 900 sample base, a 700 sample base and a 300 sample base (Kitchener exclusive). The Committee was also in receipt of a memorandum from Mr. P. Sinnott, Communications Director, dated May 5, 1999, recommending that the Committee receive the report from P.M.G. Consulting and authorize the expenditure to carry out the public opinion survey at one of the three levels identified in the report. Mr. Sinnott introduced the report noting that he had provided the Committee with a copy of the questionnaire from the City of Waterloo. He noted that it would be distributed in a number of formats. He also noted that there was no attempt to add scientific sampling. Councillor G. Lorentz questioned Mr. Sinnott's opinion on Waterloo's proposal. Mr. Sinnott responded that, of the three methods reviewed today, he considered it the least valid for providing information. He questioned the sample size and response rate, noting that the response rate would be quite Iow. Councillor K. Taylor-Harrison entered the meeting at this time. Councillor G. Lorentz questioned the possibility of distributing the questionnaire to every household. Mr. Grein responded that, statistically, it would not be very valid. The only ones who would respond would have something to say. You would not know who responded and the time frame is an issue. He felt that, from a research standpoint, it would not be the best. Councillor Ziegler requested an overview of the process. Mr. Grein advised the process: 1. Questionnaire design and pre-test; 2. field work (telephone interviews) taking 1 - 2 weeks; 3. summarize and analyze the results; 4. presentation of Results. Mayor Zehr questioned the outside timing. Mr. Grein responded that it comes down to questionnaire design. He felt the process would take 2 - 5 weeks after the survey was designed. Mr. Sinnott suggested that the best case would be to have the information before the Regional Council meeting. Mr. Grein noted that if the start date is immediate, the process would not take a month. Mayor Zehr asked whether the questionnaire would contain cold questions or statements on what Council believes and asking whether the respondent agrees or disagrees. Mr. Grein explained the type of questions to be included. Mayor Zehr gave an example from the City of Waterloo questionnaire. Mr. Grein responded that the questions will be unbiased. Councillor Haalboom questioned the sample size of 900 and how it would be sufficient. Mr. Grein advised that it would be a sufficient size to see the relative differences between each community. Councillor Haalboom then questioned how random sampling would prevent all respondents from being in one ward. Mr. Grein advised that the respondents are chosen through computer programming with a breakdown in postal codes. He noted that a minimum sample of 200 would work but 300 would be better. A brief discussion then took place concerning statistical analysis. Councillor T. Galloway advised that he had a concern about the questionnaire. He felt that people may have an opinion on one-tier or two-tier government but questioned whether they would understand specific issues. He questioned whether they would understand the pros and cons of each issue. He felt that there must be a good introduction as to what the questions are about. P.M.G. CONSULTING - PUBLIC OPINION POLL - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 62- CITY OF KITCHENER Councillor C. Weylie raised a concern about the public meeting on May 19th and what will be said in the media and how it may colour people's comments. She felt the questionnaire should be conducted before that time so as not to colour people's responses. Mr. Grein agreed that all the data should be collected either before or after the public meeting. A discussion took place on who should answer the questionnaire and the design of the questions. Mr. Sinnott noted that Council will have to decide which staff members will be on the Committee to approve the questions. Councillor Ziegler noted that the Committee must decide on whether to conduct the questionnaire; if so, whether or not to do it in Kitchener only, and whether to conduct it before or after May 19th. Mr. Sinnott suggested that the best timing would be to design the questionnaire before May 19th and conduct the research after. Mayor C. Zehr stated that there was confusion in terms of the words we use: rationalization of services vs. amalgamation. He noted that the Mayor's report did not deal with amalgamation. He noted that this Council has chosen to get information from the public at a public meeting on May 19th. There should be a list of decisions, which can be made without legislative change. Unless dealing with governance, he did not see why there was a need for more information. If we want other questions about amalgamation, a survey would be helpful. Services are not the same thing, and Mayor Zehr stated that he was not convinced that the survey would be useful if only dealing with the rationalization of services. Councillor T. Galloway stated that the Mayor has an excellent point. He stated that the people who want to derail rationalization/regionalization of services are trying to push amalgamation as the issue. People will come out to speak against amalgamation thinking that rationalization/regionalization is part of that. If people want to come out and support amalgamation, we should not stunt that. Strategically, we are supposed to be talking about rationalization/regionalization. Councillor Galloway then advised that he was concerned about the survey. He questioned to what extent people are going to be able to give an informed answer. He advised that he was not in support of the survey, as he did not think people could answer appropriately. Councillor G. Lorentz stated that he supports the survey. He stated that it is important to get feedback from the people Council represents and he felt it would be money well spent. He questioned whether Council would abide by the results, stating that they have to mean something. Councillor Lorentz stated that it is really important to hear from the people who put us here. He also stated that people do have a good idea of what is going on. Councillor John Smola stated that it would be possible to transfer so many services to the Region that, in effect, you end up with a one-tier government. He suggested costing the services and letting people see how much they cost so people can decide. Councillor M. Yantzi stated that if we do not make changes, someone else will come along and do it for us. He felt that the survey is important to get some base data, but asking survey questions is tricky due to the complexity of the issues. He questioned the value of a survey conducted in Kitchener. He suggested a broader area with broader questions. He advised that he supports a questionnaire on broader issues, in the whole Region. Councillor B. Vrbanovic advised that he supports the survey. He suggested coverage in the media. He noted that Council is here to serve their community. He also suggested that questions about the broader issues also need to be asked and they should be included after the rationalization of services questions. Councillor J. Haalboom advised that she agreed with Councillors Vrbanovic, Smola and Lorentz. She agreed that there needs to be some form of public input. She advised that she had difficulty with the sample size. She did not understand how this would be equal and she stated that she agrees with public input but does not agree with the questionnaire. Mr. Grein responded to Councillor Haalboom concerns about sample size for Kitchener as compare to the rest of the Region. P.M.G. CONSULTING - PUBLIC OPINION POLL - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 63- CITY OF KITCHENER Councillor K. Taylor-Harrison stated that this is an extremely complex issue and education has to be done. She stated that she believes people should have input and the issue is too important to go by what Council thinks. Councillor Taylor-Harrison then questioned what would be done with the results; noting that if you ask for an opinion, you must be willing to abide by that. At the request of the Mayor, Councillor J. Ziegler then reviewed the decisions the Committee must make. Mayor C. Zehr stated that the rationalization issue was very much in the forefront in the last election. Deciding what to do with the information collected is very important. He felt that some people are trying to muddy the waters between rationalization of services and amalgamation. He stated that he would not be in favour of a survey, which would not give conclusive information. With respect to rationalization/regionalization, Mayor Zehr noted that the City is already spending money to get people out to a public meeting. Councillor C. Weylie advised that she would rather have the survey than the public meeting. She suggested educating the public and then conducting a survey. Councillor B. Vrbanovic noted that a survey would provide information on the range of options. He noted that it was not a binding referendum. He felt that the questionnaire would give a sense of where people's opinions are on the issues. Councillor J. Ziegler stated that he was in support of the survey. He noted that the survey questions could be framed in such a way as to get a balanced opinion. Councillor Ziegler then asked for a motion on whether or not to conduct a survey. On a motion by Councillor C. Weylie, it was resolved: "That a public opinion poll be conducted by PMG Consulting Ltd. to solicit public opinion on rationalization/regionalization of services." Councillor M. Yantzi put forward a motion to have the survey conducted region wide. Councillor Vrbanovic questioned whether consideration had been given to asking the other municipalities to share in the cost. Mayor Zehr suggested that asking the others to contribute to the costs was not appropriate because we can influence the questions. Also, the Mayor had a concern about timing, which may not allow for participation by the other municipalities. On a motion by Councillor M. Yantzi, it was resolved: "That the public opinion poll to be conducted by PMG Consulting Ltd. on rationalization/ regionalization of services use a region-wide sample." Carried unanimously Councillor J. Haalboom questioned who is going to provide the education on costs. Mayor Zehr stated that some of the education has already been provided. He noted that, at the public forum on May 19th, staff would provide information at the beginning of that process. He felt that we could not educate to that fine a detail before the survey is done. Councillor Ziegler then questioned how many members would be need to help word the questions and which staff. It was generally agreed that Ms. P. Houston, Ms. J. Shivas, Mr. P. Sinnott and Mr. J. Gazzola would be the staff representatives. Councillor G. Lorentz suggested three members of Council. He noted that the bulk of the work would be done by the consultant. Mayor C. Zehr stated that the consultants can start working on the survey. Mr. P. Sinnott noted that it is intended that the questions go to Council next Monday night and that the survey be conducted after May 19th. Mr. J. Gazzola stated that the questions would be ready so all of Council could see them next Monday night and the final report will be presented at the June 11th Council meeting. 1. P.M.G. CONSULTING - PUBLIC OPINION POLL - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 64- CITY OF KITCHENER On a motion by Councillor G. Lorentz, it was resolved: "That, in addition to staff at PMG Consulting Ltd., the following members of Council and City staff be included on the team to approve the survey questions for the public opinion poll on rationalization/regionalization of services; Mayor C. Zehr, Councillor J. Haalboom, Councillor J. Ziegler, Ms. P. Houston, Mr. J. Gazzola Mr. P. Sinnott and Mr. J. Shivas." DELEGATIONS REFRESHMENT VEHICLE APPEAL CHAPTER 586 (REFRESHMENT VEHICLES - 2642 KING STREET EAST Mr. A. Attwooll was in attendance to represent his appeal to Chapter 586 'Refreshment Vehicles) of the City of Kitchener Municipal Code, with respect to his request to locate a refreshment vehicle at the Brewer's Retail, 2642 King Street East. The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated May 4, 1999, advising that the Chapter requires that refreshment vehicles not be located within 200 meters of a Place of Refreshment, or within 400 meters of another Refreshment Vehicle. Ms. Koppeser notes, in her report, that there are four places of refreshment within 200 meters separation of 2642 King Street East and there are no other refreshment vehicles within 400 meters. The report requests the Committee's direction. Mr. Attwooll addressed the Committee advising that there was a cart in this location a couple of years ago. He noted that it is potentially a very good location. Mr. Attwooll stated that within a 200-meter range there are two eating establishments, but he did not believe that his refreshment vehicle would compete with these two establishments. Mr. Attwooll noted that he would be creating two jobs and licensing revenue for the City. Councillor B. Vrbanovic questioned which four places of refreshment were within the 200-meter separation and Ms. Koppeser advised which they are. Upon questioning by the Committee, Ms. Koppeser advised that she had not received any calls from the notice that staff had given. On a motion by Councillor B. Vrbanovic, it was resolved: "That we approve the request of Mr. A. Attwooll for an exemption to Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, to permit him to locate a refreshment vehicle at the Brewer's Retail, 2642 King Street East, Kitchener." DELEGATION - KITCHENER MENNONITE BRETHREN YOUTH GROUP Messrs. C. and J. McWhinnie of William's Coffee Pub were in attendance to address the Committee with respect to the request of the Kitchener Mennonite Brethren Youth Group to barbeque hot dogs and hamburgers, for free distribution in Civic Square, during the summer months. The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated May 4, 1999, advising that the Kitchener Mennonite Brethren Youth Group had previously received approval from Council for their project, over the winter months, which was extended last month, to allow them to distribute free food into the spring. She noted that the Youth Group is now requesting permission to barbeque hot dogs and hamburgers and perhaps serve ice cream and pop during the summer months. She understood that the free food is given to anyone who requests it. Ms. Koppeser advised that she had spoken with William's about this venture and they have indicated that they wish to appear at the Committee meeting to address this request. Ms. Koppeser's report also noted that a location for a hot dog cart under the Street Vendor's By-law is across the street from City Hall. The report requested the Committee's direction. Mr. C. McWhinnie advised that they had originally agreed to the distribution of free food on a trial basis; however, this is causing a problem. Mr. J. McWhinnie suggested moving them to the other side of the Square where they would not interfere with William's business. He noted that DELEGATION - KITCHENER MENNONITE BRETHREN YOUTH GROUP - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 65- CITY OF KITCHENER he had met with one of the representatives from the Youth Group last week and he was willing to do this. Mr. McWhinnie noted that there may be some problem with respect to power to operate the barbeques. Councillor M. Yantzi questioned the need for hydro and Mr. McWhinnie explained. Councillor Yantzi then suggested a compromise, that they move to the other side of Civic Square but not be permitted to expand their services. Councillor J. Ziegler suggested that they could move to some other place in the downtown. Mayor C. Zehr stated that he felt they were expanding their service beyond what was originally approved and he was concerned about this. He suggested that perhaps they could combine their service with the soup kitchen. Mayor C. Zehr suggested a motion of no action on the request, that the Youth Group look into an alternate location in the Downtown and work through staff in this regard. He also suggested that they discontinue their present use at the end of May. A discussion took place with respect to the Mayor's motion, Councillor M. Yantzi stating that he did not agree and that he would recommend that they move their location to the other side of the Square and that their options for food be limited. Councillor K. Taylor-Harrison advised that she had supported the Youth Group, originally, but now they are expanding and she was not in support of this. She felt that this was not an appropriate venue to distribute food and she would not agree to the extension being requested. Councillor B. Vrbanovic stated that this type of community service is needed but he agreed that this was not the proper venue on an ongoing basis. He felt it was appropriate for the City to work with this group to partner with another agency and he felt that they should be given until the end of the month. Councillor T. Galloway stated that we have to come back to the lease that we have with William's Coffee Pub. He felt that the Youth Group should look for another location. On a motion by Mayor C. Zehr, it was resolved: "That no action be taken on the request of the Kitchener Mennonite Brethren Youth Group to barbeque hot dogs and hamburgers at City Hall, for free distribution during the summer months; and, That the Kitchener Mennonite Brethren Youth Group discontinue their current distribution of free food at City Hall effective May 31, 1999; and further, That the Kitchener Mennonite Brethren Youth Group work through City staff to find an alternate location for their distribution of free food." DELEGATIONS - NEW LOCATION FOR ADULT ENTERTAINMENT PARLOUR The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated May 4, 1999, attached to which was a letter from Mr. R. Zivkovic in which he identifies three potential locations for his adult entertainment parlour. The report requests the Committee's direction. Councillor J. Ziegler advised that he lives at a property which faces 3160 King Street East, the third of Mr. Zivkovic's proposed locations. Councillor Ziegler advised that he would not participate as a member of the Committee during this part of the meeting, as he wished to make a presentation to the Committee. Councillor Ziegler advised that he did not have a pecuniary conflict of interest in this matter because he has an interest in common with other residents on the street. Councillor Ziegler rose from the Chair and withdrew from the Committee. Councillor T. Galloway chaired the meeting during consideration of Mr. Zivkovic's request. Mr. J. Ziegler left two letters of objection. DELEGATIONS - NEW LOCATION FOR ADULT ENTERTAINMENT PARLOUR - CONT'D Mr. M. Jaeger, solicitor for Mr. Zivkovic, was in attendance and advised the Committee that his FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 66- CITY OF KITCHENER client was no longer considering relocating his business to 275 Lancaster Street West, as it is not available. Mr. Jaeger advised that this matter has a history. It has been before the court and the judge has upheld the by-law and the Iocational criteria. The judge has given Mr. Zivkovic until May 31 st to satisfy the criteria. Mr. Jaeger read from the court decision noting that the City is required to give the same impartial consideration it has given to other adult entertainment parlour operations. Mr. Jaeger then referred to the two remaining locations. Concerning 1206 King Street East, Mr. Jaeger noted that this location has been submitted before. He noted that it is very close to the criteria and is available for purchase. He advised that it is the least preferred option but satisfied most of the Iocational criteria. He noted that there is a church within 100 meters; however, there is a 400 meter walking distance to the church. Mr. Jaeger then display photographs of this location. He noted that the total square footage is larger than permitted; however, Mr. Zivkovic would use the upstairs for his home. Mr. Jaeger stated that the church cannot be seen from this location and they would not interfere in the church or church activities. Regarding 3160 King Street East, photographs of this location were provided to the Committee. Mr. Jaeger noted that this is a mini mall located in a C-6 zone. He advised that there was a minor exemption regarding residences. Mr. Jaeger stated that this is a busy, predominately commercial area. He advised of uses beside and facing this property. Mr. Jaeger stated that his client would use the side entrance. He noted that there are two residential properties across the street. Referring to the Iocational criteria, Mr. Jaeger agreed that the property is across the street from residences. He pointed out that the entrance to the business would face north and not the residential area. The only exemption being requested is from the residential criteria. He suggested that these exemptions are not unlike any other establishment of its kind in the City. Mr. Jaeger then pointed out that the City did issue a licence for an adult video store in this plaza. Mr. Jaeger asked for approval for one of these two locations. Councillor G. Lorentz questioned whether Mr. Zivkovic is negotiating any other locations. Mr. Jaeger responded that no other locations can be found. He stated that Mr. Zivkovic has signed a conditional lease for 3160 King Street East, for five years, conditional on licence approval. He advised that no other locations come close to meeting the criteria. Councillor B. Vrbanovic noted that, in both cases, there are residential properties. He questioned whether Mr. Jaeger had the concurrence of the neighbours. Councillor Vrbanovic noted that near 3160 King Street East is a City community centre and a playground. Mr. Jaeger noted that they were a few hundred meters away. Councillor M. Yantzi noted that Cleopatra's on Victoria Street was required to get the written consent of the residence across the street. Mr. Jaeger advised that they could undertake to do that. Mayor C. Zehr questioned whether the entire area of 3160 King Street East is proposed to be used. Mr. Jaeger responded that they will occupy all of the building, which is not currently occupied by the adult video store, being 1,100 square feet. Mayor Zehr then commented on the residential uses in that area. Councillor J. Haalboom questioned where the church was in relation to 1206 King Street East, and Mr. Jaeger advised of the location of the Kitchener Mennonite Brethren Church. Councillor M. Yantzi questioned whether Mr. Jaeger would be willing to get letters from the residents around 3160 King Street East. Mr. Jaeger responded that, if that had been requested of the adult video store, it could be considered. The Committee then considered the presentation of Mr. J. Ziegler, who said he has appeared as a private citizen, and advised that he was one of the few members of Council who thought that the five existing adult entertainment parlours should be allowed to continue and he still felt that way. He noted that one of the criteria established by Council was they could not locate across from residences. Mr. Ziegler stated that 3160 King Street East is a wide, narrow property, which DELEGATIONS - NEW LOCATION FOR ADULT ENTERTAINMENT PARLOUR - CONT'D is across from the apartment building at 3189 King Street East. He noted the driveway is across FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 67- CITY OF KITCHENER from 3179 and 3189 King Street East. He spoke of parking problems at this property and noted that an adult video store occupies half the plaza. Mr. Ziegler stated that the other unit in the plaza is across from residences and is beside a residence which also has a hairdresser. He pointed out that the only exemption made in the past is when the residents agreed. Mr. Ziegler stated that Council never contemplated having an Adult Video Store beside an Adult Massage Parlour. He stated that, as a resident, he objects to the request and stated that other residents should be asked. Councillor B. Vrbanovic noted that 1206 King Street East had been considered in the past and questioned whether staff recalled the decision. Ms. J. Koppeser advised that in December 1997 Council passed a motion of no action and in January 1998 Mr. Zivkovic brought it forward again and was advised that it had been dealt with. The question was raised as to whether a motion to reconsider would be required. Mr. R. Pritchard advised that if a decision had been made during the life of this Council on that address, the procedural by-law requires a motion to reconsider. Councillor Vrbanovic questioned whether the matter should be dealt with in public or in caucus and Mr. Shivas responded that if it was the Committee's wish, he would deal with this matter in public. When questioned by the Committee, Mr. Shivas advised that the court decision requires the same, impartial treatment as was given to the others. The court upheld the validity of the Iocational criteria. The applicant is looking for an exemption from the criteria. Mr. J. Shivas requested that the letter of notification to be prepared by staff be shown to Mr. Zivkovic's lawyer for input before it is circulated. The Committee is entitled to ask for letters from residents in the area as was done in the past. Mr. Shivas reminded the Committee that the proximity of the adult video store is not part of the Iocational criteria; nor is a community centre and playground over 200 meters away. Councillor B. Vrbanovic questioned if the Committee had letters from the residents, would the intent of the criteria and the requirements of the court decision be met. Mr. Shivas stated that the Committee can ask Mr. Zivkovic to meet the criteria or find better locations than those before you today. Councillor Yantzi stated that Cleopatra's is the closest parallel and a letter was required from one residential neighbour across the street. He suggested that letters be imposed as a condition of granting approval. A discussion then took place concerning those properties to be contacted. Mr. J. Shivas requested that the Committee not make a final decision today, conditional upon letters of consent, but have the required information brought back to the Committee to be considered before making a decision. Mayor C. Zehr stated that a letter could be sent to the condominium corporation across from 3160 King Street East and the residences immediately beside the building. Mayor Zehr also suggested that the Committee may want to revisit the criteria once this application has been dealt with. He suggested that letters of consent be requested from the residents before Council deals with these requests. Councillor T. Galloway asked for the residential criteria, which Mr. Shivas read aloud. Councillor B. Vrbanovic suggested seeking letters of consent from residents prior to making a decision. He suggested that the matter be deferred to next week's Council meeting and licensing staff contact the residential properties for their input. Mr. G. Sosnoski suggested that this was not sufficient time. A discussion then took place concerning an appropriate deferral. Councillor Weylie suggested dealing with the deferral of each property separately. Mayor Zehr felt it was important to deal with each property in the same way. He recommended a deferral to the May 25 Finance and Administration Committee meeting. 4. DELEGATIONS - NEW LOCATION FOR ADULT ENTERTAINMENT PARLOUR - CONT'D On a motion by Councillor B. Vrbanovic, FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 68- CITY OF KITCHENER it was resolved: "That the request of Mr. R. Zivkovic to relocate his Adult Entertainment Parlour to either 1206 King Street East or 3160 King Street East be deferred and referred to the May 25th Finance and Administration Committee meeting; and, That staff notify all residential properties facing and abutting the side of 1206 King Street East and 3160 King Street East and the church within 100 meters of 1206 King Street East, of Mr. Zivkovic's proposal to relocate his Adult Entertainment Parlour to either of these locations, to be considered by the Finance and Administration Committee on May 25; and further, That where a condominium is one of the residences facing or immediately beside 1206 or 3160 King Street East, the Condominium Corporation only, and not the individual condominium owners, be notified of Mr. Zivkovic's request and asked to contact their individual owners and invited to respond if they have any concerns." Councillor Vrbanovic requested that staff advise whether a motion to reconsider is required for 1206 King Street East. CITY OF KITCHENER ANIMAL CONTROL BY-LAWS Councillor J. Ziegler suggested a special meeting for this matter as there were several delegations in the audience. Councillor Vrbanovic asked that the matter be heard today as the delegations had been waiting quite some time. It was agreed that several staff reports, listed on the agenda, would be considered first, and then the delegations with respect to the animal control by-laws would be heard. 6. REGIONAL PRIDE COMMITTEE - REQUEST TO LOCATE TENT AND BEER GARDEN IN VICTORIA PARK The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated May 3, 1999, with respect to a letter received from the Regional Pride Committee of Waterloo- Wellington to locate a beer tent in Victoria Park during Pride Day Celebrations on June 19, 1999 and to request a reduced fee to sell food and crafts in Victoria Park during the celebration. After a brief discussion Councillor G. Lorentz put forward a motion to allow the request and to allow the reduced licence fee. On a motion by Councillor G. Lorentz, it was resolved: "That we approve the request of the Regional Pride Committee of Waterloo-Wellington Region to locate a beer tent in Victoria Park for the Pride Day Celebration of June 19, 1999; and further, That the Regional Pride Committee of Waterloo-Wellington Region be permitted to sell food and crafts in Victoria Park during the Pride Day Celebration on June 19, 1999, with a reduced license fee of $10.00 being charged." CANADIAN STREETBALL 3 ON 3 BASKETBALL COMPETION The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated May 4, 1999, with respect to a request received from Ms. G. Holstead requesting permission to allow Harvey's to sell food at the Canadian Streetball 3 on 3 Basketball Competition to be held at Kitchener City Hall on June 4 - 6, 1999. The Committee's direction was requested in this regard. CANADIAN STREETBALL 3 ON 3 BASKETBALL COMPETION - CONT'D On a motion by Councillor K. Taylor-Harrison, FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 69- CITY OF KITCHENER it was resolved: "That, subject to locating on the opposite side of Civic Square from William's Coffee Pub and not selling coffee, we approve the request of Branada Sports Communications Ltd. to have "Harveys" sell hamburgers and drinks in Civic Square on June 4 - 6, 1999, for the Canadian Streetball 3 on 3 Basketball Competition; and further, That the licence fee for a Refreshment Vehicle to sell at a special event, of $25.00, be 6applicable for "Harveys" to sell hamburgers and drinks in Civic Square on June 4 - 6, 1999 for the Canadian Streetball 3 on 3 Basketball Competition." ACHIEVEMENT IN MOTION - REGULATIONS REGARDING HONORARIUMS The Committee was in receipt of a report from Ms. J. Koppeser, Manager of Licensing, dated May 4, 1999, attached to which was a letter from Ms. C. Squires, Executive Director, Achievement in Motion, advising of the impact of changes in the bingo regulations and on the manner in which individuals volunteering to help with the bingos can be paid. Councillor T. Galloway questioned whether the City of Kitchener was interpreting this differently than other municipalities. Ms. J. Koppeser noted that recently the Province had changed the rules. Councillor T. Galloway noted that the matter was out of the City's hands. Councillor J. Ziegler noted that this matter had been presented for information only. LOCAL IMPROVEMENT PETITION - SANITARY SEWER & CONNECTIONS - KING STREET 10. 11. EAST The Committee was in receipt of a report from Mr. L. W. Neil, Assistant City Clerk, dated May 4, 1999, with respect to a local improvement petition received for the construction of sanitary sewer and connections on a portion of King Street East. On a motion by Councillor J. Haalboom, it was resolved: "That we grant the petition of Mr. M. Kieswetter, et al for construction of sanitary sewer and connections on King Street East, north side, from 250 meters west of Deer Ridge Drive to 450 meters east of Deer Ridge Drive." DOWNTOWN FINANCIAL INCENTIVES - 22-38 KING STREET WEST (GOUDIES) The Committee was in receipt of Planning and Development staff report BPS #99/76, dated May 5, 1999, recommending that Council approve an application from Theatre & Company for a feasibility study grant for the former Goudies site and adjacent land at 22-38 King Street West. On a motion by Councillor K. Taylor-Harrison, it was resolved: "That we approve an application from Theatre & Company for a Feasibility Study Grant in the amount of $10,000.00 under the Downtown Financial Incentive Program for redevelopment of the former Goudies site and adjacent land, 22-38 King Street West." EXTENSION OF CITY PARKING GARAGE HOURS OF OPERATION The Committee was in receipt of Business and Planning Services staff report BPS #99/74 with respect to the extension of City Hall Parking garage hours on Saturday and Sunday mornings. 11. EXTENSION OF CITY PARKING GARAGE HOURS OF OPERATION - CONT'D On a motion by Councillor K. Taylor-Harrison, FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 70- CITY OF KITCHENER it was resolved: "That Council extend the hours the City Hall parking garage is open to the public to 3:00 a.m. on Saturday and Sunday mornings; and further, That the City Hall parking garage doors be open an additional hour, until 2:00 a.m. on Saturday and Sunday mornings, in order to provide access to safe, convenient and comfortable parking for staff and patrons of late night downtown establishments." 12. EXPANSION OF TAXI CABS ZONES IN DOWNTOWN The Committee was in receipt of a report, distributed under separate cover, titled Traffic and Parking Division DOPWR-99-16 dated May 4, 1999, recommending the establishment of certain taxi cab stands, on King Street, between Francis Street and Cedar Street, specifically identified. On a motion by Councillor K. Taylor-Harrison, it was resolved: "That Taxi Cab Stands be established on King Street between Francis Street and Cedar Street in the following areas: · on the north side of King Street West from a point 41 meters east of Francis Street to a point 13 meters east thereof. · on the north side of King Street West from a point 41 meters east of Young Street to a point 20 meters east thereof. · on the north side of King Street West from a point 27 meters west of Queen Street to a point 23 meters west thereof. · on the north side of King Street East from a point 22 meters east of Eby Street to a point 27 meters east thereof; and further, That the Uniform Traffic By-law be amended accordingly." 13. DRAFT CORPORATE STRATEGIC PLAN - TABLING & REFERRAL The Committee was in receipt of a report from Mr. G. Sosnoski, Deputy City Clerk, dated May 5, 1999, recommending that the draft Corporate Strategic Plan (1999 - 2002), as amended on May 3, 1999, be tabled and referred to the Finance and Administration Committee meeting of May 25, 1999. On a motion by Councillor B. Vrbanovic, it was resolved: "That the draft Corporate Strategic Plan (1999 -2002), as amended May 3, 1999, be tabled and referred to the Finance and Administration Committee meeting of May 25, 1999 for further discussion and comment from the public and staff, with final approval at the May 31, 1999 Council meeting." 14. CIVILIAN FIRE PREVENTION PUBLIC TRAINING CO-ORDINATOR The Committee was in receipt of a report from Mr. J. Hancock, Fire Chief, dated April 28, 1999, recommending that the position of Civilian Fire Prevention Public Training Co-ordinator be approved, without complement increase and that the position be funded from the Fire Department Operating Budget. 14. CIVILIAN FIRE PREVENTION PUBLIC TRAINING CO-ORDINATOR - CONT'D Mr. J. Hancock was questioned as to why he did not come at one time with all his requests to FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 71 - CITY OF KITCHENER 15. 16. hire and Mr. Hancock explained why. He noted that this is a trade-off of one position for another. Councillor T. Galloway questioned whether this position would be located at the Fire Education Centre and would be co-ordinating for all users. Mr. Hancock advised that Kitchener would be the employer and would provide the leadership. He noted that the other municipalities will fund on-going office costs. Councillor T. Galloway questioned the total budget and what percentage of it would be paid by Kitchener. Mr. Hancock noted that there are rotational instructors from each municipality for the Education Centre. Mr. Hancock estimated that the City of Kitchener pays 50% of the total costs. Councillor T. Galloway stated that he was concerned that the City of Kitchener is now going to co-ordinate the efforts of all involved in the Fire Education Centre. He questioned why the other municipalities have not come to the table to discuss this. Mr. Hancock advised that the other municipalities have given a verbal understanding that they will fund the operational office costs. Councillor J. Ziegler suggested it would be prudent to have a written understanding from the other municipalities before hiring the new employee. Mr. J. Hancock responded that professionally and politically this is a good thing to do. He thought things would fall into place rather well. Mr. J. Gazzola advised that Management Committee has reviewed these same questions with the Fire Chief. He suggested approval, on a trial basis for one year. By that time staff will have been able to review the total costs; as no one really knows what the total costs will be. With the experience of one year, we will have a better understanding of what the total costs will be. On a motion by Councillor G. Lorentz, it was resolved: "That, on an interim basis of one year, the position of Civilian Fire Prevention Public Training Co-ordinator be approved, without complement increase in the Kitchener Fire Department, by reducing one First Class Firefighter position (presently working at the Centre); and, That the position be a civilian member of the Kitchener Professional Firefighters Association; and, That the position be funded from the Fire Department Operating Budget; and, That the Cities of Cambridge and Waterloo be requested to contribute to the costs; and further, That the situation of financing, staffing and operating the Fire Education Centre be reviewed in one year's time." IMPACT OF PROPERTY TAXES The Committee acknowledged receipt of the information report, titled "1999 Provincial Budget - Impact on Property Taxes", Dated May 6, 1999, from Ms. P. Houston, Chief Financial Officer and City Treasurer. The Committee briefly discussed this report. CITY OF KITCHENER ANIMAL CONTROL BY-LAWS - PERMITTED/PROHIBITED LIST 16. Mr. J. Gazzola advised that staff had intended to make a presentation on rationalization/regionalization of services at this meeting. He noted that this was background information for the public forum to be held later this month. He noted that the May 19th forum is primarily to provide input and the information to be presented today had been requested by Council. It was agreed by the Committee that the staff presentation on rationalization/regionalization of services would take place after the Planning and Economic Development Committee meeting scheduled this date and it would be a continuation of the Finance and Administration Committee meeting. CITY OF KITCHENER ANIMAL CONTROL BY-LAWS - PERMITTED/PROHIBITED LIST - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 72- CITY OF KITCHENER 17. The Committee then dealt with the matter of the Animal Control By-law and was in receipt of a report from Ms. L. Pasternak, Assistant City Solicitor dated May 5, 1999 containing the recommendations of the Ad-hoc Committee on the City's Animal Control By-laws and background information. Ms. Pasternak introduced the report and noted that there were two issues to be dealt with; the first being poisonous/venomous animals and the second being rodents. Ms. Pasternak felt that the second issue may be able to be resolved. Ms. Pasternak suggested that the recommendations are a fair and effective means of controlling animals. She then identified those delegations in attendance. Councillor Ziegler questioned whether most of those in attendance are in general agreement and Ms. Pasternak advised that the committee members are in general agreement. Several delegations addressed the Committee: Mr. R. Conrad, Mr. T. Seidle, who had provided a written submission, Ms. M. Hamilton, Mr. L. Mark and Ms. A. Csenki. Ms. A. Csenki submitted a petition with respect to caught wild animals asking that Council amend Chapter 408 of the City of Kitchener Municipal Code to permit the keeping of only domesticated animal species in Kitchener. The petition contained over 1,500 names. Councillor B. Vrbanovic questioned Mr. G. Hess of the K-W Humane Society with respect to venomous animals and Dr. Hess noted that there is a safety factor and the basic thing is public safety. He requested that venomous/poisonous animals not be permitted. On a motion by Councillor B. Vrbanovic, it was resolved: "That the Legal Department be directed to prepare an amendment to By-law 98-186 as outlined in Schedule "A" to the report of Ms. L. Pasternak, Assistant City Solicitor, dated May 5, 1999; including prohibiting all animals which are venomous or poisonous in captivity, to be considered at a future Finance and Administration Committee meeting; That the Legal Department report to the Finance and Administration Committee with a recommended restriction on rodents; and further, That the Ad-Hoc Committee on the City's Animal Control By-laws be continued and report to the Finance and Administration Committee concerning a limit on the number of cats within or about any dwelling unit." The Finance and Administration Committee recessed at 12:50 p.m., to be continued following the Planning and Economic Development Committee meeting this date. The meeting reconvened at 5:13 p.m. under Councillor J. Ziegler, Chair, with the following members present: Mayor C. Zehr, and Councillors M. Yantzi, K. Taylor-Harrison, G. Lorentz, T. Galloway, John Smola, J. Haalboom, C. Weylie and B. Vrbanovic. Officials present: Ms. P. Houston and Messrs. J. Gazzola, B. Stanley, J. Shivas, D. Mansell, P. Sinnott, T. Clancy, E. Kovacs, J. Hancock, B. Kuntz and L. W. Neil. MANAGEMENT COMMITTEE RESPONSE TO MAYOR'S REPORT RE: RATIONALIZATION 17. / REGIONALIZATION OF SERVICES Mr. J. Gazzola advised the Committee that Management Committee had spent a considerable amount of time discussing issues related to municipal reform and noted that a number of lengthy reports dealing with the issues itemized below were either completed or nearing completion and would be provided to all members of Council: · Service Boards · Solid Waste Collection · Sewer and Water Operations · Transit Services · Fire Services MANAGEMENT COMMITTEE RESPONSE TO MAYOR'S REPORT RE: RATIONALIZATION / REGIONALIZATION OF SERVICES - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 73- CITY OF KITCHENER 17. · Devolution of Development Control Planning · Devolution of Development Control Planning with Single-Tier Official Plan · Information Services · Other Opportunities Mr. Gazzola advised that staff in dealing with the above issues had made an assumption of continuation of a strong two tier system of local government and had attempted to provide a balanced view of the services offered by asking the basic questions: Is it better, is it cheaper, is it more accountable? An overhead presentation was then given on the services dealt with in the Management Committee response, augmented by additional comments and specific situational examples as described by Mr. Gazzola and other senior staff. 1 ) Service Boards Mr. Gazzola commented that service boards had a number of good points in their favour in that reductions in costs can be obtained without loss of local autonomy by co- operating municipalities. He pointed to specific examples of such co-operation noting that service boards can bring special expertise to certain functions and also facilitate sharing of other functions. He did note that a potential negative feature was a lack of direct accountability but that generally speaking, municipal officers were accountable to elected officials. In summary, Mr. Gazzola noted that the purpose of service boards would be to look after common issues of differing municipalities. 2) Solid Waste Collection Mr. Gazzola pointed out that if the Region was to assume full responsibility for solid waste collection, it was a service that would have minimal disruption in order to complete a transition to the Region. However, he did point out that depending on the level of service undertaken by the new provider, there might be major financial funding shifts that occur effecting Kitchener. Mr. Gazzola commented that most savings relative to the processes involved with respect to solid waste collection had already been achieved. Councillor J. Haalboom stated that she would like to have comparative service examples and costs of their provision and Mr. Kovacs indicated that a formula could be developed in this regard. Councillor M. Yantzi commented that it was his view that with regionalization a base service would be provided but with an option to allow municipalities to increase to a level they desire. Mr. Kovacs responded that there was potential for heavy upward pressure on the service level being provided. Councillor T. Galloway commented that it was his understanding with regionalization that differential service levels could be provided commencing with a standardized service at the beginning. He stated that it was not fair of staff to suggest there was an increasing likelihood of higher costs through such issues as a user pay system or bag limits. Following a series of questions and comments from some Committee members on the two issues dealt with to this point, Councillor J. Ziegler maintained that the purpose of the meeting this date was just to hear a presentation of staff viewpoints pertaining to the rationalization/regionalization issue. Mayor C. Zehr agreed that it was necessary to obtain the opinion and perspective of staff on these matters as background information for the public information session being held on May 19th. However, he stated that it was his view there are assumptions that have been made in the staff presentation that he considered to be false. In reference to comments made earlier, Councillor John Smola stated that he thought the whole philosophy of rationalization/regionalization was to increase efficiency by providing the same service levels and not differing levels of service among municipalities which would breed confusion. 3. Sewer and Water Operations Mr. Gazzola noted that this service presents the most challenges to the local municipality, as it would lose control of growth and development approvals. In addition a number of different infrastructures are already in the road allowance and the change MANAGEMENT COMMITTEE RESPONSE TO MAYOR'S REPORT RE: RATIONALIZATION / REGIONALIZATION OF SERVICES - CONT'D FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 107 1999 - 74- CITY OF KITCHENER 18. 3. Sewer and Water Operations - Cont'd would create confusion and complicate co-ordination between upper and lower tier jurisdictions. It was suggested that the point under "Con" relative to lack of control of growth and development by local Council should also contain reference to the issue of maintenance. Mayor C. Zehr questioned where the reference to $1.2 million impact on Kitchener taxpayers came from and Ms. P. Houston advised that $400,000.00 would relate to staffing and $800,000.00 to the effect of tax changes. 4. Transit It was pointed out that assuming that Kitchener was not going to end up with reduced levels of service, that based on the hourly operating level of service per capita between Kitchener, Waterloo and Cambridge, transit costs could be expected to increase by $2.2 million Operating and $4 million Capital Expenditure. Councillor T. Galloway concurred that it be established there was a relationship between the amount of money levied for transit and the service level. Mr. J. Gazzola noted that another issue was the transfer of assets to a combined service pointing out that Kitchener has 125 buses, Cambridge 25 and Waterloo none since it purchases services from Kitchener and that the discrepancy of assets was an issue that had to be dealt with. Mayor C. Zehr maintained that while Kitchener upfronts capital costs, it proportionately purchases equipment and facilities based on the City of Waterloo purchasing services on a contract basis. Mr. Gazzola stressed that his point related to the issue of a disproportionate share of assets among municipalities. 5. Fire Services Fire Chief J. Hancock indicated that the proposal to move fire services to the Region was a philosophical statement that may lead to a recommendation to undertake a study. Councillor J. Ziegler pointed out that the issue of volunteer firefighters would be a significant problem and the Chief concurred that dealing with the volunteer issue would be a tricky interface. In response to Councillor G. Lorentz, Fire Chief Hancock stated it was possible to have a Regional dispatch service without having a Regional fire service. He then itemized the cost per capita spent by Cambridge, Kitchener and Waterloo on their existing fire services and the implications this would have in a merged Regional fire service. 6. Provincial Offences Mr. J. Shivas referred to Section I "H" of the Mayor's report and stated that it was not cheaper, not better in the administration of justice, not better in terms of two-tier approach and that it was simply better to establish distance between jurisdictions. He recommended that prosecution authority and court administrative authority not be placed under the same roof. The Committee agreed to continue it's consideration of remaining service issues at a special meeting to be held by the Finance and Administration Committee commencing at 5:00 p.m. on Monday May 17, 1999. ADJOURNMENT On motion, the meeting adjourned at 6:35 p.m. D. H. GILCHRIST COMMITTEE ADMINISTRATOR