HomeMy WebLinkAboutFinance & Admin - 1995-05-15FAC\1995-05-15
MAY 15, 1995
FINANCE & ADMINISTRATION COMMITTEE MINUTES
CITY OF KITCHENER
The Finance and Administration Committee met this date, commencing at 10:35 a.m., under the
Chairmanship of Councillor J. Ziegler with the following Members present: Councillors T. Galloway, G.
Lorentz, K. Redman, John Smola, Jake Smola, B. Vrbanovic, M. Wagner, C. Weylie and M. Yantzi.
Mayor Richard D. Christy was in attendance for part of the meeting.
Others present: Messrs. T. McKay, R. Freeborn, J. Gazzola, T. McCabe, T. Clancy, J. Shivas, L.F.
Parkhouse, D. Snow, L. Gordon, J. McBride, B. Kuntz, H. Holtz, G. Sosnoski, Ms. R. Upfold, Ms. L.
MacDonald and Mrs. J. Koppeser
DOWNTOWN PATIO APPROVALS
The Committee was in receipt of a summary report from Ms. L. MacDonald dated May 10, 1995
concerning the aesthetics of the sidewalk patios proposed for the downtown in 1995. The
encroachment agreements approved by Council at the May 8, 1995 meeting were subject to
endorsement of the patio appearance by the Finance and Administration Committee.
Ms. MacDonald referred to her report noting that the recommendations of the Downtown Action
Committee concerning maximum fence height and extending the restaurant dress code to the
patio were still outstanding. Councillor Yantzi questioned the need for fencing if the tables and
chairs were otherwise secured and Ms. MacDonald replied that staff are recommending fences in
all cases due to liquor licensing and safety issues.
Mr. Peter Vaniersel - Especially Coffee (10 King Street East) registered as a delegation this date
but was not in attendance.
Mr. Nick Vrentzos appeared on behalf of Slices Restaurant (300 King Street West) and briefly
described the appearance of the proposed patio, offering the opinion that it was suitably attractive.
It was noted that the fencing material is a plastic covered chain link.
Councillor Yantzi offered the opinion that a business which is using the City's right-of-way for a
patio has an obligation to ensure that it somehow enhances the appearance of the downtown. He
expressed concern over negative comments he had received concerning the use of certain types
of material, notable chain link fences.
Mr. Anthony Correia appeared on behalf of Sports Cafe (102 King Street West) and described the
proposed patio which includes the use of white chain link fence and plastic furnishings.
Councillor Yantzi expressed concern over the use of chain link fence and Mr. Correia responded
that he is aware of these concerns and is presently discussing changes. Councillor Yantzi
suggested that if chain link fencing is used it should be further enhanced, perhaps by the use of
planters. Mr. Snow cautioned that adding planters to the fences in their present location will
further narrow the sidewalk in some instances and impede pedestrian movement. He suggested
that each location be treated individually in this regard. Councillor Wagner offered the opinion that
patio criteria are too restrictive and demanding and suggested that the owner be allowed to
exercise his judgement as his business is ultimately affected by the attractiveness of the outdoor
patio. He added that uniform standards may not be appropriate and that each of the patios should
be judged on their individual merit. In response to a question from Councillor Redman, Mr. Correia
indicated that though they are presently satisfied with the overall appearance of the patio they are
open to suggestions, including the use of flower boxes.
Mr. Peter Bardountiotis appeared on behalf of Dandys Restaurant (85 King Street West) and
described the proposed patio which includes the use of white chain link fence and plastic
furnishings. Councillor Yantzi questioned whether Mr. Bardountiotis had considered another type
of fencing, and he replied that he had investigated wrought iron and found it to be too expensive
as a layout the size Dandys would require an expenditure of over $2,000.00. Mr. Bardountitis
indicated that in his estimation the chainlink fence looks fine for now. Councillor Yantzi disagreed
commenting that chain link fencing adds nothing to the appearance of the street, and suggested
flower boxes mounted on the top or interior of the fencing as well as some type of
FINANCE & ADMINISTRATION COMMITTEE MINUTES
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1. DOWNTOWN PATIO APPROVALS - cont'd
CITY OF KITCHENER
plant or other material which would partially cover the chain link.
Councillor Jake Smola suggested that a committee be set up to review the patio installations prior
to enacting the 1996 encroachment agreements. He suggested discussing the issue of aesthetics
with the owners during the course of the 1995 season in order to streamline the approval process.
Councillor Redman asked whether Mr. Bardountiotis was amenable to suggestions by the City
where the cost of implementation is less than $2,000.00, and he replied in the affirmative provided
the costs are within his budget.
Mr. Jim Ioannidis appeared on behalf of Big City Donuts (24 Gaukel Street) and described the
proposed patio furnishings which include the use of white chain link fence. He noted that a railing
will be installed along the top of the fence with appropriate plantings and added that he is looking
at the possible use of wooden lattice fencing and is interested in making further improvements.
Mr. Barry Greives appeared on behalf of Stages (312 King Street West) and described the patio
furnishings he has used for the past five years which include a retractable awning and a canvas-
look vinyl fencing material. Mr. Greives circulated photos of the patio.
Councillor Lorentz indicated that he was disheartened by the process of having to counsel
business owners in the downtown on the appearance of their patios especially in light of the recent
work of the Downtown Task Force. He suggested that downtown improvement is not the sole
responsibility of the City and participation by business owners is necessary. He also noted that an
attractive patio is likely to have a positive impact on restaurant business. Councillor Redman
indicated her support for some form of voluntary compliance by business owners concerning the
appearance of patios. She noted that all of the representatives in attendance this date indicated
they were open to suggestions for improvements and appear committed to the use of patios in the
downtown. She cautioned the Committee against creating too many requirements relative to
downtown patios. Councillor Wagner agreed and suggested that Council is now getting in the way
of business owners and should trust to the judgement of these individuals and concern itself only
with insuring proper access.
Moved by Councillor M. Wagner:
"That pursuant to the Council resolution of May 8, 1995 concerning approval
of the 1995 Sidewalk Patio Encroachment Agreements, Council be advised
that the Finance and Administration Committee has no objections at this time
to the aesthetic appearance of the patios proposed at the following locations:
Especially Coffee (10 King Street East); Sports Cafe (102 King Street West);
Dandys Restaurant (85 King Street West); Big City Donuts (24 Gaukel
Street); Slices Restaurant (300 King Street West); and, Stages (312 King
Street West)."
Councillor Yantzi advised that in his opinion the issue of patio aesthetics is important, as problems
have been reported in the past. He referred to the need to create an inviting atmosphere and
suggested that chain link fence in and of itself is insufficient. He pointed out that the City owns the
sidewalk and as a result has a right to insure that patios positively contribute to the downtown.
Councillor Galloway indicated his support of voluntary compliance by restaurant owners, noting
that the City always has the option of not renewing an encroachment agreement in subsequent
years. He also questioned whether patio enclosures would be subject to the Facade Improvement
Program.
The previous motion by Councillor M. Wagner to endorse the appearance of all six sidewalk patios
was voted on and Carried.
1. DOWNTOWN PATIO APPROVALS - cont'd
Councillor Redman suggested that voluntary compliance should be sufficient in 1995 with a further
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57 1995 - 79 - CITY OF KITCHENER
review by the end of the season. Councillor Yantzi advised that he is willing to sit on a review
committee which should also include the Vice-Chair of the Downtown Action Committee and the
Executive Director of the Kitchener Downtown Business Association.
On a motion by Councillor K. Redman,
It was resolved:
"That relative to the use of the City sidewalk for outdoor patios, the
proponents be asked to voluntarily comply in making their premises as
appealing as possible, and be advised that the appearance of the outdoor
patios will be assessed during the course of the 1995 season and be
revisited before approval of any 1996 encroachment agreements, and
further,
That a committee to include Councillor M. Yantzi, the Vice-Chair of the
Downtown Action Committee and the Executive Director of the Kitchener
Downtown Business Association be formed to carry out the above patio
assessments and make any appropriate recommendations."
Ms. MacDonald advised that she would indicate the above direction in the covering letter for each
1995 encroachment agreement. Councillor Galloway stressed the importance of advising
restaurant owners of the outcome of any such review well in advance of the deadline for the 1996
agreements and Ms. MacDonald took these comments under advisement.
AGREEMENT - K-W AND NORTH WATERLOO HUMANE SOCIETY
The Committee was in receipt of a report from R. Upfold dated April 26, 1995 recommending
execution of a three year agreement for pound services. They were also in receipt of two reports
from Dr. G. Hess concerning reduced licence fees for spayed and neutered dogs and the provision
of wildlife services.
Moved by Councillor T. Galloway:
"That the Mayor and Clerk be authorized to execute an agreement with the
Kitchener-Waterloo and North Waterloo Humane Society for the provision of
animal control and pound services for the Corporation of the City of Kitchener
for a three year period effective the first day of October, 1994."
Councillor Galloway acknowledged the problem created by making humane traps available to
property owners free of charge who use them for trapping neighbourhood cats rather than
nuisance wildlife. He further suggested compilation of a list of commercial pest control companies
which could be made available to the public.
Dr. G. Hess and Mr. Wilf Bonnell were in attendance on behalf of the Humane Society. Councillor
Weylie referred to Schedule A of the draft agreement dealing with dog licensing noting that it
appears that most dogs are unlicensed and that there is no penalty being enforced for unlicensed
dogs whose owners are now given an opportunity, without penalty, to buy a licence once a dog is
impounded. Dr. Hess acknowledged that at present there is no fine in this regard, but one could
be implemented if the City wished. Councillor Ziegler noted that an impounding fee is payable and
that at present there is the authority to fine the owners of unlicensed dogs. Ms. MacDonald
clarified that the Humane Society has an obligation under the agreement to require a dog licence
and may not release an animal until a licence has been purchased. Mr. Bonnell added that one of
the problems with charging an owner for failing to obtain a licence is the necessity of proving that
the owner has had the dog for more than seven days. He added that at present if an unlicensed
dog is reported, the Humane Society advises the owner and gives them seven days to obtain a
licence. Councillor Weylie suggested that the majority of dog owners do not purchase licences
and that the Humane Society is not being proactive enough
AGREEMENT - K-W AND NORTH WATERLOO HUMANE SOCIETY - cont'd
in this regard. Mr. Bonnell responded that notices in this regard are presently being sent to dog
owners.
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Councillor Wagner referred to a recent problem in his Ward involving a skunk infestation, noting
that nine skunks were found in the area and the cost of commercial entrapment was significant.
He asked for future discussion of a measure whereby a Ward Councillor, if satisfied that there is a
wildlife infestation, specifically involving skunks, could approach Council on behalf of a property
owner to discuss sharing the cost of entrapment. Councillor Redman indicated she had similar
concerns with regard to raccoons.
On the issue of unlicensed dogs, Dr. Hess noted that the Humane Society would like the public to
advise them of unlicensed animals. Councillor Lorentz questioned whether enforcement by the
Humane Society could be characterized as proactive and Mr. Bonnell suggested that at present it
is more reactive. Councillor Lorentz suggested that the level of service must change and that the
Humane Society must be more proactive in the area of enforcement. Dr. Hess again indicated that
citizens must be willing to report unlicensed animals and to sign a document in this regard
indicating who the dog owner is and where the animal resides. He also referred to proposed 1995
expenditures of approximately $350,000.00 to improve public education and increase staff and the
truck fleet.
Councillor Galloway questioned whether the Humane Society could issue a tender for a
commercial wildlife service and receive a good rate. Dr. Hess and Ms. MacDonald advised that
this would require further investigation.
Councillor Jake Smola referred to complaints he had received to the effect that the City imposes
numerous constraints on dogs but does not even licence cats. Dr. Hess advised that it is
practically impossible to licence cats given their breeding habits and the number of feral varieties.
The previous motion by Councillor T. Galloway to enter into a further three year agreement with
the Humane Society was voted on and Carried.
Moved by Councillor M. Wagner:
"That Council indicate its willingness to consider sharing the cost of trapping
skunks and raccoons with the property owner where this is done on the
recommendation of the Ward Councillor and where there is a confirmed and
serious infestation."
Motion Lost
EMPLOYEE PARKING
The Committee was in receipt of Traffic and Parking Division report DOPWR-95-19 concerning the
provision of parking for City employees. They were also in receipt of two further information
reports in response to specific questions raised at the May 1, 1995 meeting.
Councillor Jake Smola asked for clarification on the City's policy concerning eligibility for free
parking. Mr. Snow replied that free parking is issued at the request of a department and usually
where a vehicle is required for City business. Councillor Smola also inquired as to the number of
City employees who receive free use of a City vehicle as well as free parking and Mr. Snow replied
that to his knowledge there are only three individuals in the Building Division.
Councillor Jake Smola referred to his correspondence in this regard dated May 12, 1995 which
was previously circulated to Council.
Councillor Jake Smola put forward the motion outlined in his May 12, 1995 letter wherein only
selected senior staff would receive free parking at all downtown facilities and employees who use
there own personal vehicle for City business would receive a four cent per kilometre premium on
the current mileage rate to offset the cost of parking during regular business hours.
EMPLOYEE PARKING - cont'd
Councillor Galloway inquired as to the number of full-time staff who themselves pay the cost of
parking in the City Hall garage. Mr. Snow replied that the number is minimal, perhaps less than
twelve, due to the fact that staff canvas other facilities in the area for reduced rates. Councillor
Galloway inquired as to the rationale for providing free parking to some staff and not others. Mr.
McKay responded that free parking is in part provided on the basis of the individual's position in
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the City administration and in other cases is a reflection of the fact that they require their personal
vehicle to conduct City business. He explained that individual departments are responsible for
determining when subsidized parking is needed. Councillor Galloway asked whether the
employees who presently receive free parking at City Hall have ever been asked to shop the
market for reduced rates and Mr. McKay replied in the negative. Councillor Galloway questioned
why all City employees are not required to pay for parking, even at a reduced rate as is the case at
the University of Waterloo. In response to a question from Councillor Weylie, Mr. Freeborn
advised that there are approximately 1,200 full-time City employees and all receive parking except
those who work in the downtown and do not require their vehicles for City business. Councillor
Weylie pointed out that based on her calculations approximately 68 City employees are required
to pay for parking and that these individuals often work in the lowest job grades. She inquired
whether more staff would use the City Hall parking garage if the rate was reduced and Mr.
Freeborn replied that figures suggest this would be case. Councillor Weylie offered the opinion
that the reports before the Committee show that the City is not being fair to a small group of full-
time employees.
Mayor Richard D. Christy entered the meeting at this time.
Councillor Lorentz suggested that such inequities occur elsewhere and referred to his experience
at Canada Post. He offered the opinion that the issue under discussion is insignificant and is
better left in the hands of Management or discussed during budget deliberations. Councillor Jake
Smola pointed out that he attempted to raise the issue during budget, and characterized the
provision of free parking as a waste of tax payer dollars. Councillor Vrbanovic pointed out that in
his previous experience as a City employee, gas mileage is not always claimed due to the small
amount of distance travelled, and if Council were to endorse the recommendation of Councillor
Smola, the mileage claims may exceed the current parking subsidy. Councillor Vrbanovic agreed
with earlier comments by Councillor Weylie, noting that some of the lowest paid staff are hardest
hit by the cost of parking. He noted that of the entire City work force only a small percentage of
City Hall employees are required to pay for parking, and suggested that this inequity should be
looked at further. Mayor Christy indicated that he would not support the recommendation on the
basis that this entire issue is the responsibility of senior staff and since Council put them on notice
that there is a need to review the existing parking arrangement, he suggested that as a courtesy
the motion be withdrawn and the entire issue referred to senior staff. Councillor Jake Smola
advised that he would not withdraw the motion; however, if it were defeated it would be his hope
that senior staff would address the issue of parking in its entirety.
The previous motion by Councillor Smola to further restrict free parking and implement a premium
mileage rate was voted on and Lost.
Councillor Ziegler suggested that staff look at a nominal charge for all employees. Mr. McKay
commented that though there is probably a way to impose a nominal charge for parking, this would
be a major change in practice.
Councillor Redman put forward a motion directing Management Committee to review the current
parking arrangements relative to City Hall employees and to determine if a nominal charge could
be imposed for use of the parking garage by staff.
Mayor Christy requested that the motion be withdrawn and that the item referred to therein be
referred to Management Committee for discussion and a report. Councillor Redman acceded to
the request of Mayor Christy and withdrew her motion.
SALE OF VACANT LANDS - PINNACLE DRIVE
The Committee was in receipt of a report from Mr. G. Anderson dated May 9, 1995 recommending
acceptance of an Offer to Purchase from Hurox Holdings Limited.
On a motion by Councillor G. Lorentz,
It was resolved:
"That the City of Kitchener accepts the offer from Hurox Holdings Limited to
purchase part of the former Railway right-of-way fronting onto the north side
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 157 1995 - 82 - CITY OF KITCHENER
of Pinnacle Drive, described as Part of Biehn's Unnumbered Tract
designated as Part of Part 2, Plan 58R-6355, in exchange for a vacant
landlocked parcel of land of approximately 3 acres to be transferred at no
cost and free of encumbrance to the City, described as Part of Part 1, W.D.R.
# 226."
5. WAIVING TENDER - FIRE TRUCK PURCHASE
The Committee was in receipt of a report from Mr. L. Gordon dated May 10, 1995 recommending
that the tender process be waived to purchase an additional truck.
In response to concerns raised by Councillor Jake Smola over waiving a public tender in this
regard, Mr. Gordon pointed out that the tender was awarded for the other two vehicles only 45
days ago and that staff have negotiated a cost reduction of $18,000.00 for the third vehicle. He
also referred to the other advantages of having three identical vehicles in the fleet. Councillor
Ziegler inquired as to the cost of re-tendering and Mr. Gordon replied that the advertisements
alone would cost approximately $1,500.00, and that a significant amount of additional staff time
would be required. He suggested that overall the re-tendering costs would be fairly significant and
in this instance it makes good business sense to purchase the third vehicle from the same
manufacturer.
The previous motion by Councillor Lorentz to waive the public tender requirement as regards the
purchase of a third fire truck was voted on and Carried.
6. DOWNTOWN FLOWER VENDOR
The Committee was in receipt of a report from Mrs. J. Koppeser dated may 10, 1995 outlining a
suggested fee and various flower cart locations.
Mayor Christy indicated he would prefer that the wording of one of the three locations be changed
to indicate the sidewalk on either side of the reflecting pool in front of the City Hall.
On a motion by Mayor Richard D. Christy,
It was resolved:
"That concerning the sale of flowers from a cart in the downtown by Street
Heart Roses (W. Sovari) for a one year trial period, and notwithstanding the
selection criteria relative to awarding locations, the vendor be extended an
opportunity to choose from one of the following three locations at a fee of
$1,176.00: King Street West and Water Street (sidewalk at the southwest
corner); 200 King Street West (sidewalk on either side of the reflecting pool);
127 King Street West (sidewalk in front of this address), and further,
That the above be conditional upon the flower cart/stand being owner
operated and the applicant submitting proof of Public Liability Insurance in
the amount of $1,000,000 listing the Region of Waterloo and the Corporation
of the City of Kitchener as additional insureds."
7. HAWKERS AND PEDDLERS FEE - ARTSFEST
The Committee was in receipt of a report from Mrs. J. Koppeser dated May 10, 1995 concerning a
request to waive the fee. Mrs. Koppeser added that in the past Council has chosen Option #1 in
her report, but that the organization would prefer Option #2 involving designation as a Retail
Exhibition.
On a motion by Councillor G. Lorentz
It was resolved:
"That the Artsfest event scheduled for June 1, 2 and 3, 1995 be designated
as a Retail Exhibition requiring one licence application form and a complete
list of vendors as well as a nominal licence fee of $1.00."
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CITY OF KITCHENER
AMUSEMENT ARCADE - CENTRAL ONTARIO EXHIBITION
The Committee was in receipt this date of correspondence from Mrs. J. Koppeser dated May 12,
1995 outlining a request from the Central Ontario Exhibition (COE) to waive or reduce the licence
fee required to operate an Amusement Arcade. Ms. Koppeser added that the City has never
received a request of this nature before.
On a motion by Councillor G. Lorentz,
It was resolved:
"That consideration of the request from the Central Ontario Exhibition that
Council waive or reduce the licence fee to operate an Amusement Arcade
within the Auditorium Complex during the Exhibition be referred to the May
23, 1995 Council meeting."
9. ROADCLOSURE-CHOPIN ROAD
Councillor Weylie asked that consideration be given to waiving the cost of closing Chopin Road in
regard to an upcoming fireworks display. It was noted that this has been done in each of the last
three years.
On a motion by Councillor C. Weylie,
It was resolved:
"That the closing of Chopin Road during an upcoming fireworks display on
May 22, 1995 be at no cost to the Victoria Hills Neighbourhood Association."
10. NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, May 29, 1995.
11. ADJOURNMENT
On motion, the meeting adjourned at 12:30 p.m.
........... G. Sosnoski
........... Manager of Corporate
........... Records/Assistant City Clerk