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HomeMy WebLinkAboutFinance & Admin - 1994-03-21FAC\1994-03 -21 MARCH 21, 1994 FINANCE & ADMINISTRATION COMMITTEE MINUTES CITY OF KITCHENER The Finance and Administration Committee met this date, commencing at 10:10 a.m., Chairmanship of Councillor C. Zehr with the following members present: Councillors B. Galloway, G. Lorentz, J. Smola, M. Wagner, C. Weylie, J. Ziegler and M. Yantzi. under the Stortz, T. Others present: Messrs. R.W. Pritchard, J. Gazzola, R. Freeborn, D. Suzuki, R. Arnot, G. Sosnoski, Ms. L. MacDonald, Ms. D. Arnold and Ms. L. Moses. SIDEWALK PATIO - DANDY'S RESTAURANT Mr. Edward Dyck appeared on behalf of Dandy's Restaurant to ask for permission to operate an outdoor patio in 1994. The Committee was in receipt of a letter from Ms. L. MacDonald dated March 16, 1994, noting that permission had been denied in 1993 due to complaints received by the City. Mr. Dyck acknowledged that there had been problems with the patio in the past, but indicated he was confident the new location and reduction in the number of tables would not interfere with pedestrian traffic and building access. Councillor Ziegler put forward a motion granting permission to operate the patio in 1994 provided there is compliance with all standards and requirements, and putting the owner on notice that this privilege would be withdrawn upon receipt of validated complaints or compliance problems. Ms. MacDonald advised that the applicant's liquor licence would not apply due to the location of the proposed patio and referred to other staff concerns including access to planters for maintenance purposes and the danger in locating tables at the edge of the roadway. She suggested that the restaurant's previous proposal, with the table blocking the apartment entrance removed, would be more appropriate then the layout submitted by Mr. Dyck. Councillor Ziegler noted that the Committee had not received a copy of the request itself and has no knowledge of the proposed layout. Councillor Stortz indicated his opposition to the request and noted that the Kitchener Downtown Business Association is likewise opposed. Councillor Yantzi questioned whether businesses adjacent to the restaurant had been asked to comment and Mr. Dyck replied that though he had not spoken with them he was certain Royal Trust would have no objection. He added that the owner is confident the problems which occurred in the past can be controlled. Moved by Councillor M. Yantzi - "That consideration of the request of Dandy's Restaurant for permission to operate a sidewalk patio in 1994 be deferred for one month to allow comment by neighbouring businesses and a subsequent staff report to the Finance and Administration Committee." Councillor Stortz asked for clarification of the term "validated complaint" and Councillor Ziegler explained that the term relates to any complaints similar to those received in the past. He further clarified that it was his intention that permission would be revoked first followed by an explanation to Council. A question arose as to who would have authority to revoke permission given the number of City Departments involved in the approval process. Councillor Zehr suggested that this authority should be delegated to the Chief Administrator. The deferral motion of Councillor Yantzi was then voted on and LOST. On motion by Councillor J. Ziegler - it was resolved: "That subject to staff being satisfied that all health, safety and other standards of compliance have been met, Council grant the request of Dandy's Restaurant, 87 King Street West, for permission to operate a sidewalk patio in 1994 as outlined in the written submission of Mr. E. Dyck dated March 2, 1994, and, SIDEWALK PATIO - DANDY'S RESTAURANT (con't.) FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 21, 1994 - 25 - CITY OF KITCHENER That subject to the above the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, and further, That the owner be advised that the privilege of operating a sidewalk patio can be withdrawn by the City's Chief Administrator upon receipt of validated complaints or compliance problems." In closing, Mr. Dyck offered his assurance that the owner would meet all compliance requirements. VIETNAMESE POT-BELLIED PIGS The Committee was in receipt of a report from Ms. D. Arnold dated March 16, 1994 in response to direction from Council on February 7, 1994. Councillor Zehr reminded the Committee of the previous decision which indicated no action would be taken to amend Chapter 408 (Animals - Regulation) of the Municipal Code to allow the keeping of pot-bellied pigs as pets. Councillor Wagner asked that only new information be brought forward by the delegations at this time. Dr. Susan Burlatschenico, Tillsonburg, appeared in her capacity as a Veterinarian and as a neutral party. She pointed out that Veterinary Associations in both the United States and Canada accept the pot-bellied pig as an animal distinct from commercial swine, and on this basis it is unwise to consider information which has been submitted relative to commercial swine breeding. She reacted to comments made by Dr. G. Hess of the Humane Society which she felt were inaccurate. She offered the opinion that artificial stunting of the animals should not be a concern, noting that the pot-bellied pig has a wide range of natural habitats and like dogs come in a variety of sizes. She added that breeders are selecting for smaller sized pigs and if these animals are kept as pets they should be neutered and bred outside the City limits. She also referred to ordinances instituted by other authorities establishing criteria for ownership. Ms. Judy Osborne, Kingston, indicated that it was her impression pig owners could work with Council to develop restrictive ownership criteria aimed at allowing owners to keep their pets. She asked whether the City is considering a process to accommodate pet owners in Kitchener. Councillor Zehr replied that no such proposal is being discussed at this time and that Council had only requested additional information from Legal Department staff. Ms. Osborne noted that the information she had submitted to Ms. Arnold had not been attached to the report and was only referred to, whereas the written submission of Dr. Hess was appended to the report in its entirety. She indicated that she was disappointed that the safety issue which she had raised in detail had not been addressed, noting that she had submitted a study undertaken by the University of California which concluded that pot-bellied pigs are less dangerous than cats or dogs. Ms. Arnold replied that Ms. Osborne had provided a variety of news clippings from American jurisdictions and that a photocopy of the study referred to had been submitted unnamed and unsourced. Councillor Yantzi inquired as to instances of regulation or criteria for ownership which have been implemented by other jurisdictions. Ms. Osborne referred to a recent court case involving the City of Vanier and alleged the charges had been withdrawn by the municipality upon realizing it had no hope of winning the case. She stated that she hopes to work out a comprise which would allow owners to keep their pets as an alternative to legal action which would damage both parties. Dr. Burlatschenico offered to submit existing ordinances relative to pot-bellied pigs and Councillor Zehr suggested that these be forwarded to the Clerk. VIETNAMESE POT-BELLIED PIGS (con't.) Moved by Councillor M. Wagner - "That Council accept the report of Ms. D. Arnold dated March 16, 1994 and confirm its decision of February 7, 1994 that no action be taken to expressly permit the keeping of Vietnamese pot-bellied pigs as pets." FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 21, 1994 - 26 - CITY OF KITCHENER Councillor Ziegler noted that Ms. Arnold's report indicated that under the circumstances grandfathering of the existing legislation is not possible and if an exemption is granted, the by-law could be struck down as unenforceable. Councillor Yantzi referred to the City's existing policy of enforcement on a complaint basis only. The motion by Councillor M. Wagner was voted on and CARRIED UNANIMOUSLY. INTERNET COMPUTER INFORMATION NE'I'VVORK The Committee was in receipt of an information report from Mr. R. Freeborn dated March 15, 1994 concerning both FREENET and INTERNET. Mr. Freeborn introduced Mr. David Bradshaw representing Hook Up who was in attendance this date to demonstrate the INTERNET. Mr. Freeborn noted that staff are recommending that the City become a user of INTERNET services, adding that these have a direct applicability to the Africa 2000 exchanges recently made with the City of Windhoek, Namibia, and would allow staff to communicate with their African counterparts by E-Mail. Mr. Bradshaw demonstrated the INTERNET information network, noting that it allows communications with anyone on the system irrespective of their operating environment. He advised that there is no charge to send or receive messages on the system over and above the local hook up charge. He pointed out that INTERNET would allow access to FREENET, the latter tending toward more community oriented applications, usually operated based on donations and set up by volunteers. Councillor Galloway asked how the City could prevent access to undesirable news groups on the INTERNET system and Mr. Bradshaw replied that it could provide a News Server to screen the groups, though this would not entirely eliminate access. He suggested that in addition the Corporation could provide direction and guidance as regards access. In response to a question from Councillor Ziegler, Mr. Bradshaw explained that the INTERNET is financed through yearly user fees or monthly charges, with delivery of messages falling under a reciprocal agreement similar to that used by the postal service. Ms. P. Walshe, Chief Executive Officer, Kitchener Public Library, presented a video on the FREENET system, which she explained is a way of organizing and transmitting local community information. She referred to a number of municipalities presently developing FREENET systems. Following the video dealing with a FREENET system in the City of Peoria, Illinois, Ms. Christine Jewel, Librarian, University of Waterloo, demonstrated the University of Waterloo FREENET. Councillor Weylie put forward a motion that the City enter into a one year agreement relative to use of the INTERNET information network at a cost of approximately $4,000.00. Councillor Wagner asked whether staff had been approached to determine the level of need for such a system, and Mr. Freeborn replied that the matter had been discussed by Management Committee. Councillor Lorentz questioned how the City could measure the value of INTERNET after the one year trial period and suggested that if the motion by Councillor Weylie is passed, user guidelines would also be required to prevent abuse of the system. Councillor Galloway indicated that he supports the concept in general but remains concerned over access to undesirable news groups by both staff and the public. Mr. Bradshaw noted that his company is held legally accountable by the RCMP. Councillor Galloway responded that he was not satisfied with the answer and referred to the INTERNET COMPUTER INFORMATION NE'I'VVORK (con't.) difference between what is legal and what is acceptable by community standards. He advised that he wants assurances that these news groups can be filtered. Councillor Zehr suggested that the entire matter be referred back to Management Committee for a full report. Councillor Weylie withdrew her previous motion and in its place moved approval, in principle, of the City's use of the INTERNET information service subject to a full implementation report from Management Committee. Councillor Stortz asked that staff determine what is required to establish a FREENET in Kitchener FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 21, 1994 - 27 - CITY OF KITCHENER or Waterloo and whether businesses in the community should have access. Mr. Freeborn suggested that staff could be directed to proceed with establishing a FREENET at any time and that a meeting could be convened with representatives of local organizations. He also suggested that a FREENET should be developed on a Region-wide basis and not in respect to a single municipality. On motion by Councillor C. Weylie - it was resolved: "That Council approve, in principle, the City's use of the INTERNET information service, and that the matter be referred to Management Committee for a full implementation report." On motion by Councillor B. Stortz - it was resolved: "That Council approve, in principle, the establishing of a FREENET information network to be organized Region-wide, and further, That staff be directed to initiate discussions in this regard with representatives of local government bodies and related organizations." KITCHENER DOWNTOWN BUSINESS ASSOCIATION (KDBA) - CiViC SQUARE CONTRIBUTION The Committee was in receipt of a letter from Ms. Nancy Brawley, KDBA Executive Director, dated February 24, 1994 proposing a payment schedule for the remaining $5,000.00 of a $25,000.00 pledge. On motion by Councillor J. Ziegler - it was resolved: "That Council endorse the proposal of the Kitchener Downtown Business Association involving payment of the remaining $5,000.00 of a $25,000.00 pledge relative to Civic Square ice cleaning equipment in two $2,500.00 instalments (1995 and 1996), as outlined in the letter from Ms. N. Brawley, Executive Director, dated February 24, 1994." EMPLOYEE RECOGNITION DINNER The Committee was in receipt of a report from Ms. L. Moses dated February 23, 1994 identifying the attendee groups which have been prioritized by Management Committee. Councillor Ziegler put forward a motion recommending Option 4B in Ms. Moses' report and in addition excluding past retirees who would be invited to attend, but at their own expense. Councillor Wagner suggested that past retirees should not be included in the Recognition Dinner. He noted that these individuals will already have been recognized at their own retirement and for each period of long term service. Councillor Yantzi suggested that it is inappropriate to invite past retirees and spouses to attend at their own expense and added that the City has established a tradition in this regard which should be maintained. Councillor Galloway suggested that current long EMPLOYEE RECOGNITION DINNER (con't.) service employees, award recipients and current retirees as well as their spouses/companions should be invited to attend at the City's expense, but that past retirees and their spouses/companions should not be invited to attend unless it is at their own expense. Councillor Ziegler withdrew his earlier motion in favour of the suggestion made by Councillor Galloway and in addition proposed that staff investigate means of saving money on the awards portion of the Dinner. On motion by Councillor J. Ziegler - it was resolved: FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 21, 1994 - 28 - CITY OF KITCHENER "That in 1994 and subsequent years new retirees, long service employees and award recipients along with their spouses/companions be invited to attend the annual Employee Recognition Dinner with all related costs to be paid by the City, and, That all past retirees and their spouses/companions be invited to attend Employee Recognition Dinners, but at their own expense, and further, That staff investigate options for reducing the cost of awards given in conjunction with the Dinner." LEASE AGREEMENT - KITCHENER PUBLIC LIBRARY BOARD The Committee was in receipt of a report from Mr. T. Boutilier, dated March 10, 1994 recommending that the City sign an agreement to lease retail space in the City Hall for the Government Publications Bookstore. They were also in receipt of a draft lease agreement dated March 11, 1994. Mr. Boutilier advised the Committee that the lease in question is similar to the one entered into with the Words Worth Bookstore. On motion by Councillor M. Wagner - it was resolved: "That the Mayor and Clerk be authorized to sign an agreement with the Kitchener Public Library Board involving the lease of retail space in Kitchener City Hall for the Government Publications Bookstore, subject to the satisfaction of the City Solicitor and as per the draft dated March 11, 1994." CLAIM FOR DAMAGES - 1026A GUELPH STREET The Committee was in receipt of correspondence from Mr. J. Croth, Adjusters Canada, dated March 3, 1994 explaining the occurrence and the rationale for denying the claim. Councillor J. Smola provided background information relative to the claim which occurred as a result of a broken water main. He offered the opinion that under the circumstances it does not seem possible that the City could be without fault. He added that the occupant was away from home at the time of flooding and had no insurance. On motion by Councillor J. Ziegler - it was resolved: "That consideration of a damage claim by the occupant of 1026A Guelph Street resulting from a water main break be deferred to the April 18, 1994 meeting of the Finance and Administration Committee pending receipt of a staff report." CiViC CELEBRATION/RETAIL EXHIBITION REQUEST - MULTICULTURAL FESTIVAL The Committee was in receipt of a report from Mrs. J. Koppeser dated March 8, 1994 recommending that June 27-July 3 be declared a period of Civic Celebration. The Committee's direction was also requested concerning an application for Retail Exhibition status. On motion by Councillor B. Stortz - it was resolved: "That June 27-July 3, 1994 (inclusive) be declared a period of Civic Celebration in the City of Kitchener with regard to the Multicultural Festival and associated activities to be held in Victoria Park, July 1-3, 1994, and further, That this event be considered a "Community Festival" within the City, and notwithstanding FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 21, 1994 - 29 - CITY OF KITCHENER 10. 11. 11. Chapter 548 (Hawkers and Pedlars) of the City of Kitchener Municipal Code be declared a "Retail Exhibition" for 1994 only." FEDERAL/PROVINCIAL INFRASTRUCTURE PROGRAM The Committee was in receipt of a report and recommendation from Mr. J. Gazzola dated March 16, 1994 concerning a program grant application. They were also in receipt of a report and recommendation from Mr. B. Liddle dated March 17, 1994 outlining works to be completed under the Infrastructure Program. Moved by Councillor J. Ziegler - "That the City of Kitchener make application for grants under the Federal-Provincial Infrastructure Program totalling $1,600,000.00 relative to the projects listed in the report of Mr. J. Gazzola dated March 16, 1994, and, That the City undertake the works shown in Table 1 of the report of Mr. B. Liddle dated March 17, 1994, with applications in this regard being submitted jointly with the Regional Municipality of Waterloo, and further, That the Capital Forecast be amended to insure a net 0% tax impact in the year a project is undertaken." Mr. Gazzola commented that the City's contribution is being financed through a rearranging of the Capital Forecast and that this has no impact on ratepayers. Councillor Wagner questioned the motion and asked for clarification that Council would still have the option of redirecting the money into other areas. Councillor Zehr replied that the City's capital policy and the content of Councillor Ziegler's motion address these concerns. The previous motion by Councillor Ziegler relative to an Infrastructure Program grant application and list of projects was voted on and CARRIED. CONSENT AGENDAS The Committee received as information a report from Mr. R.W. Pritchard dated March 15, 1994. ETHNO-CULTURAL ADVISORY COMMITTEE The Committee was in receipt of a memorandum and draft Terms of Reference from Councillor T. Galloway dated March 16, 1994 relative to the establishing of a race relations committee. Councillor Ziegler suggested deferral of this item pending receipt of additional information and a full discussion. Councillor Galloway indicated that he preferred to deal with the request this date in view of the fact that the week of March 21 is the "International Week for the Elimination of Racial Discrimination" and on the basis that the City ETHNO-CULTURAL ADVISORY COMMITTEE (con't.) should take a pro-active position on race relations. Councillor Stortz agreed that dealing with the request in the context of Race Relations Week would be symbolic and noted that deferring consideration may convey a negative message. Councillor Yantzi suggested that the Committee could endorse the proposal, in principle, pending receipt of additional detailed information. Councillor Ziegler asked for clarification of the impact on City programming and costs given the objectives outlined in the Terms of Reference. On motion by Councillor T. Galloway - it was resolved: "That Council approve, in principle, the establishing of an Ethno-Cultural Advisory Committee as outlined in the memorandum of Councillor T. Galloway dated March 16, 1994 pending receipt of additional detailed information on the role of the committee and its relation to City programming and costs." MARCH 21, 1994 FINANCE & ADMINISTRATION COMMITTEE MINUTES - 30 - CITY OF KITCHENER 12. 13. NEXT MEETING The next regularly scheduled meeting of the Finance and Administration Committee will be held on Monday, April 18, 1994. ADJOURNMENT On motion, the meeting adjourned at 12:50 p.m. G. Sosnoski Manager of Corporate Records/Assistant City Clerk