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HomeMy WebLinkAboutFinance & Admin - 1997-06-23FAC\1997-06-23 JUNE 23, 1997 FINANCE & ADMINISTRATION COMMITTEE MINUTES CITY OF KITCHENER The Finance and Administration Committee met this date commencing at 10:25 a.m. under the chairmanship of Councillor J. Ziegler with the following members present: Councillors T. Galloway, M. Wagner, John Smola, Jake Smola, B. Vrbanovic and G. Lorentz. Mayor R. Christy and Councillor M. Yantzi were in attendance for part of the meeting., Others present: Ms. S. Frenette, Ms. P. Houston, Ms. L. MacDonald, Mrs. J. Koppeser, Messrs. T. McCabe (acting C.A.O.), D. Paterson, B. MacDonald, L. Proulx, J. Shivas, R. Arnot, L. F. Parkhouse, S. Gyorffy, D. Snow, L. Lynch and G. Sosnoski. 1. DECLARATION AND SALE OF SURPLUS LAND - BANKSIDE DRIVE AND EAST FOREST The Committee was in receipt of a report and recommendation from G. Anderson dated June 16, 1997. On a motion by Councillor M. Wagner, it was resolved: "That the parcel of land described as Part of Lot 35, German Company Tract designated as Part 8, Plan 58R-10060 and Block 67, Registered Plan 1738 be declared surplus to the City's needs, and that staff be directed to convey the land to the abutting owner at market value." TRANSIT TERMINAL ESCALATOR REPAIRS The Committee was in receipt of a report and recommendation from L. Proulx dated June 17, 1997. On a motion by Councillor B. Vrbanovic, it was resolved: "That approval be granted for an expenditure of $34,000.00 plus G.S.T. for repairs to the landings for the escalators at the Transit Terminal on Charles Street." ENCROACHMENT AGREEMENT - MONTANA TAPS (215-219 KING STREET WEST) The Committee was in receipt of a memorandum from L. MacDonald dated June 5, 1997. Action on the staff recommendation was deferred and referred by Council to the meeting this date pending further review of the request and additional discussion. It was intended that any resolution arising from this meeting would be dealt with at the special Council meeting scheduled for later this date. Mr. Drew Gillingham, representing ACI Investments - Montana Taps, was in attendance in support of the request for permission to set up a sidewalk patio at 215-219 King Street West for the 1997 season. Mr. Gillingham explained the Montana Taps business concept and how the sidewalk patio would enhance this and assist in opening the restaurant. Moved by Councillor M. Wagner: "That the Mayor and Clerk be authorised to execute an encroachment agreement satisfactory to the City Solicitor, with the owner of Montana Taps to permit the use of eleven feet six inches (11' 6") more or less of sidewalk directly in front of Montana Taps, located at 215-219 King Street West, for the operation of the sidewalk patio for the 1997 season." Councillor Yantzi advised that he would not support the motion as it is his preference that the restaurant establish and prove itself first before consideration is given to a sidewalk patio. Councillor Galloway expressed concern that approving a sidewalk patio at the same time a restaurant is being opened will create a future expectation of automatically receiving an encroachment agreement when a new restaurant opens. He stressed that operating a sidewalk patio is a privilege and that the City should allow a period of time to assess how a business conducts itself before allowing a patio. In response to a further question from Councillor FINANCE & ADMINISTRATION COMMITTEE MINUTES J U N E 23, 1997 - 99 - CITY OF KITCHENER 3. ENCROACHMENT AGREEMENT - MONTANA TAPS (215-219 KING STREET WEST) CONT'D Vrbanovic, Mr. Gillingham advised that he is aware of the requirement to dismantle the patio with three days notice in the event of any problems, and indicated his willingness to comply in this regard. The motion by Councillor M. Wagner to grant an encroachment agreement relative to Montana Taps was then voted on and Carried. BUSINESS LICENCE REQUEST TOUCH OF LIGHT/ENERGY THERAPIES (19 WEBER STREET EAST) The Committee was in receipt of an information package from Ms. Patricia Rowles dated June 18, 1997 explaining that she had a business licence in 1995 but discontinued her business in 1996 and at this time she wishes to obtain a 1997 licence to operate a natural health care clinic. Mrs. Koppeser explained that Ms. Rowles is before the Committee this date because of the necessity to amend Chapter 560 (Massagists and Body Rub Parlours) of the City's Municipal Code to include the location proposed by Ms. Rowles. Mr. Shivas advised that he is prepared to amend the by-law in question. On a motion by Councillor M. Yantzi, it was resolved: "That staff issue a 1997 business licence to Ms. Patricia Rowles for Touch of Light - Energy Therapies at 19 Weber Street East, Kitchener; and further, That Chapter 560 (Massagists and Body Rub Parlours) of the Municipal Code be amended to include the above location." PERMISSION TO OPERATE ICE CREAM VEHICLES IN THE DOWNTOWN Mr. Edward Moore, owner of the Mr. Frostee ice cream bicycle vending franchise was in attendance to request an exemption from the City by-law to allow him to locate to stationary vendor bicycles in the Downtown on June 30 in conjunction with Canada Day celebrations. In response to a question, Mrs. Koppeser advised that to the best of her knowledge exemptions of this type have not been granted in the past and that ice cream vehicles have not been allowed on major traffic arteries due to safety concerns. She further advised that she has had no discussion with Downtown retailers concerning their position. Mr. Parkhouse suggested that the Committee could reasonably assume that Downtown retailers would be concerned, especially those with similar product lines, and that there may also be concerns with respect to the current licensing fees for Downtown vendors. Mr. Moore added that the bicycles would only be there for one day and would not move around the Downtown area but would locate in one spot, arriving when the Downtown is not busy and being escorted out of the area at the end of the day. He also advised that his company offers products that are exclusive to the bicycle vending franchise and these are products which are not offered in Downtown restaurants. He also indicated his willingness to pay an appropriate licence fee. Councillor Galloway enquired whether any particular locations were being proposed, and Mr. Moore replied in the negative, noting that he is interested in any appropriate location along King Street. In response to a question from Councillor Jake Smola, Mr. Moore advised that he has not had any discussion in this regard with the Kitchener Downtown Business Association (KDBA). Councillor Yantzi indicated his willingness to put forward a motion of no action with respect to the 1997 season, and directing that Mr. Moore discuss the proposal with the KDBA for a proposed implementation in 1998. Councillor Ziegler suggested that Mr. Moore speak with Ms. PERMISSION TO OPERATE ICE CREAM VEHICLES IN THE DOWNTOWN - CONT'D Nancy Brawley, Executive Director of the KDBA, who will be in attendance later this date and either return to the Finance and Administration Committee; or alternatively, approach the Community Services Committee. FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 23, 1997 - 100 - CITY OF KITCHENER Councillor G. Lorentz put forward a motion that the City licence Mr. Moore to sell ice cream in the Downtown on June 30 at two locations which are apart from Downtown ice cream shops. On a motion by Councillor B. Vrbanovic, it was resolved: "That consideration of the request of Mr. Edward Moore for permission to sell ice cream from bicycles in the Downtown on June 30 be deferred and referred to later in the meeting of the Finance and Administration Committee; or alternatively, to the Community Services Committee of this date pending the arrival and comment of Ms. N. Brawley speaking on behalf of the KDBA." 1996 AUDITORS REPORT Council was in receipt of the Treasurer's Report and Consolidated Financial Statement of the City of Kitchener for the period ending December 31, 1996. Mr. Terry Reidel and Ms. Dana Tunks were in attendance on behalf of the City Auditor, Ernst and Young. Ms. Houston presented highlights of the Report and Statement, noting that concerns have been identified in three areas: namely, the City's operating surplus is substantially lower than the previous years, despite a good year for building permits and new assessments; the status of the sick leave reserve which the auditors believe should be funded at 25 percent of overall liability, but is currently funded at 16 percent; unfinanced debt with respect to the business parks. She also noted that the tax arrears situation is improving and the tax related long term debt has declined since 1991 and is now stable at 1995 levels. She then compared the City of Kitchener with respect to reserve fund levels and debt load to five other municipalities of comparable population. Ms. Houston then reviewed the consolidated balance sheets and statement highlights. Mayor R. Christy re-entered the meeting at this time. Mr. T. Reidel, Ernst and Young, advised that the purpose of his firm's audit is to ensure that -the systems and guidelines established by Council are being adhered to and properly administered. He stated that the systems in place are sound and are being responsibly managed by staff. He pointed out that some recommendations for improvement have been made to the Chief Administrative Officer, and it is his belief that the concerns raised are being addressed. He suggested that tax arrears need to be reduced further and are still an area of concern, but that that he has no serious concerns at this time. Councillor Vrbanovic enquired as to specific recommendations on how the City could collect arrears more aggressively and Mr. Reidel responded that since 1996 more stringent measures have been put in place and that he expects a dramatic reduction in arrears in 1997. Mr. Reidel added that the large properties in the Downtown remain a concern and should be watched carefully. Councillor Galloway enquired whether Mr. Reidel was pleased with the City's per capita reserves and he responded that the City's reserves are comfortable and in this area Kitchener is healthy compared to other municipalities, but remains weak in terms of its sick leave reserve liability. He advised that he does not like to see continual borrowing against this reserve, but that the other City reserves are realistic based on actual, known requirements. Councillor Wagner asked that in future the City of Waterloo be included in the group of comparative municipalities, and expressed an interest in seeing such a comparison developed in the near future so that he and other members of Council can react to statements questioning why Kitchener taxes are higher than those of Waterloo. Ms. Houston indicated that she would include the City of Waterloo in future as well as the City of Cambridge. Councillor Jake Smola asked that comparative operating costs be looked at as well. 1996 AUDITORS REPORT - CONT'D On a motion by Councillor T. Galloway, it was resolved: "That Council receive the Treasurers Report and Consolidated Financial Statements of the City of Kitchener for the period ending December 31, 1996." Councillor Lorentz enquired as to when Ms. Houston expects to submit the pro-form budget, and FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 23, 1997 - 101 - CITY OF KITCHENER she replied that she has delayed the pro-form budget due to recent Provincial initiatives, but expects to have it available for consideration in August. 1997 MUNICIPAL ELECTION The Committee was in receipt of a report from R. W. Pritchard dated June 9, 1997 recommending dates for an advance vote in connection with the upcoming municipal election, as well as the provision of reduced operating hours at selected voting places. On a motion by Mayor R. Christy, it was resolved: That a by-law be prepared to provide for four dates for an Advance Vote in connection with the 1997 Municipal Election, with said by-law to provide that Advance Voting be permitted on: Thursday, October 30; Friday, October 31; Saturday, November 1 and Monday, November 3 between the hours of 10:00 a.m. and 6:00 p.m.; and further, That a by-law be prepared authorizing the City Clerk to provide for reduced opening hours with respect to voting places designated only for the use of residents of an institution or a retirement home, provided that a minimum of four hours is provided at each location." VACANT COUNCIL SEAT - CENTRE WARD The Committee was in receipt of reports from R. W. Pritchard dated June 10, 1997 and J. Shivas dated June 19, 1997 concerning the process and statutory requirements with respect to filling both the City Council and Regional Council vacancies. Councillor Wagner expressed the opinion that at this late date it would not benefit the City to fill the vacancy, and suggested that the remaining nine members of Council are capable of handling any Ward related issues prior to the November 10 election. He stated that in his opinion appointing someone to fill the vacancy thwarts the democratic process as doing this gives an unfair advantage to the appointee in the upcoming municipal election. He suggested that the City request that the Province allow an exemption in this area so that the seat need not be filled prior to the election. Councillor Yantzi suggested that the vacant seat should be filled by the first runner up for the Centre Ward seat in the 1994 election, and indicated that he was prepared to put forward a motion in this regard. Councillor Ziegler agreed with Councillor Wagner that the appointment would not be democratic, noting that the filling of vacant seats is not required either at either the Provincial and Federal levels. Councillor G. Lorentz suggested that filling the vacancy at this time makes no sense, and questioned how quickly a response could be obtained from the Province. Councillor Galloway suggested that obtaining an exemption is doubtful, and should the request be denied a process should be put in place to fill the vacancy. He expressed general concern over automatically appointing the first runner up to fill a vacant seat as in some instances these individuals may have received as little as one percent of the vote. Councillor John Smola suggested that the City request the exemption referred to by Councillor Wagner and if unsuccessful, consider appointing the Centre Ward runner up from 1994 or alternatively placing a newspaper advertisement asking for submissions by those citizens who are interested in filling the vacancy. VACANT COUNCIL SEAT - CENTRE WARD - CONT'D Mayor R. Christy asked that through the City's Legal Department, the Province be asked to clarify the legislative requirements, and suggested that this be done prior to the July 7 Council meeting. Councillor Jake Smola suggested that generally speaking a policy is required on the filling of vacant Council seats. Councillor Ziegler suggested that appointing the runner up may be viable in closely contested Ward seats; however, each vacancy should be dealt with individually rather than through a uniform policy. Councillor Vrbanovic suggested that the Province should be approached to amend the Municipal Act to provide a more feasible alternative for filling Council vacancies. Councillor Galloway suggested that a newspaper advertisement should be ready for immediate publication in the event Council favours appointing the first Centre Ward runner up and she declines the appointment. FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 23, 1997 - 102 - CITY OF KITCHENER On a motion by Councillor M. Wagner, it was resolved: "WHEREAS a seat on Kitchener City Council was recently declared vacant following the incumbent's election as a Member of Parliament; AND WHEREAS Sections 45 and 46 of the Municipal Act require that the vacancy be filled within 45 days of the vacancy occurring, except where the vacancy occurs less than 46 days before nomination day in the regular election; AND WHEREAS Council has until July 18, 1997 to fill the vacancy, and in view of the short period of time between that date and the November 10, 1997 municipal election; THEREFORE BE IT RESOLVED that the City of Kitchener hereby requests that the Province of Ontario grant an exemption from the requirement to fill the said vacancy prior to the November 10, 1997 election, and asks that the Minister of Municipal Affairs and Housing kindly respond to this request no later than July 7, 1997; AND FURTHER that a copy of this resolution be circulated to all local Members of the Provincial Parliament." Moved by Councillor M. Wagner, "That the Mayor contact, as soon as possible, the runner-up for the Centre Ward seat in the 1994 municipal election, and enquire as to whether she has an interest in filling the vacant Council seat for the remainder of the current term of office; and further, That in the interim, the City Clerk prepare a draft public notice advertising the current vacancy and inviting any interested members of the public to apply, outlining their qualifications and experience." Councillor Lorentz suggested that if the first runner up does not accept the appointment the other runners up should be approached as well. Councillor John Smola advised that he would not support the motion and suggested an option whereby all runners up would post a letter to Council expressing their interest and qualifications. Mayor R. Christy suggested that it may be appropriate to approach the second runner up before going to a public advertisement. Councillor B. Vrbanovic suggested that any public advertisement should clearly indicate the qualifications expected, including relevant experience and past electoral performance. Councillor Lorentz disagreed, suggesting that Council is free to use any criteria it thinks is suitable in making an appointment. The motion by Councillor M. Wagner to approach the first runner up for the Centre Ward seat and to prepare a draft public notice was voted on and Carried, on a recorded vote. 8. VACANT COUNCIL SEAT - CENTRE WARD - CONT'D In favour: Mayor R. Christy, Councillors T. Galloway, M. Wagner, Jake Smola and B. Vrbanovic Contra: Councillors John Smola, G. Lorentz, J. Ziegler and M. Yantzi Councillor Ziegler suggested that the issue of an appointment to fill the vacancy on Regional Council be dealt with later this date. 9. BINGO REQUEST - KITCHENER-WATERLOO SIDEWINDERS SLEDGE HOCKEY CLUB The Committee was in receipt of a report from J. Koppeser dated June 18, 1997 recommending that Council accede to the organization's request. On a motion by Councillor T. Galloway, it was resolved: FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 23, 1997 - 103 - CITY OF KITCHENER 10. 11. "That the Kitchener-Waterloo Sidewinders Sledge Hockey Club be granted permission to hold bingos on an ongoing basis in the City of Kitchener, with all proceeds to be used to provide opportunities for the physically challenged to play hockey." RAFFLE LOTTERY - GOLDEN TRIANGLE ROSE AND GARDEN SOCIETY The Committee was in receipt of a report from J. Koppeser dated June 16, 1997 in response to a request for permission to hold a raffle lottery. On a motion by Councillor M. Yantzi, it was resolved: "That the Golden Triangle Rose and Garden Society be granted permission to hold a raffle lottery in Kitchener on June 28, 1997 at the Breithaupt Centre." KING STREET EAST / CEDAR STREET IMPROVEMENTS AND ENTRANCE CONCEPT 11. The Committee was in receipt of a report and recommendation from S. Gyorffy, S. Frenette and J. Bailey dated June 21, 1997 concerning road reconstruction and the creation of a Downtown entrance feature on King Street at Madison Avenue. S. Gyorffy and L. Lynch advised that the entrance feature has an impact on road work which is ongoing and in order to complete the work by October of this year there is a need to go to tender as soon as possible. Mr. Lynch advised that the estimated cost of the project is approximately $2,000,000.00 and that staff are asking for an additional $355,000.00 contribution at this time. He also clarified that only concept approval for the streetscape feature is being requested at this time. Councillor Ziegler enquired as to the additional expense attributable to the entrance feature alone and Mr. Lynch replied this amount would be approximately $46,000.00. Mr. Lynch further clarified that the feature proposed will be brick hard and be located in the centre of the road in a traffic island. On a motion by Councillor G. Lorentz, it was resolved: "That Council approve an additional expenditure of $355,000 for the King Street and Cedar Street Reconstruction as a pre-approved 1998 budget item to address a budget shortfall for the co-ordination of pedestrian lighting and streetscaping work in 1997 and 1998; and further, KING STREET EAST / CEDAR STREET IMPROVEMENTS AND ENTRANCE CONCEPT - 12. CONT'D That Council also approve the proposed concept for decorative streetscaping, street lighting and location of a 'Downtown' entrance feature within the roadway on King Street at Madison Avenue, subject to approval of the design layout details by the Regional Municipality of Waterloo, and that $46,500 be pre-approved for expenditure from the existing 1998 Capital Budget provision for Downtown Improvements." PERMISSION TO OPERATE ICE CREAM VEHICLES IN THE DOWNTOWN (CONT'D) Ms. N. Brawley representing the KDBA advised that she had spoken with Edward Moore concerning his proposal to locate two ice cream vehicles in the Downtown for the Canada Day celebration and cannot support the request at this time. She advised that she had suggested to Mr. Moore that he come forward with a proposal either in the Fall of this year or in the early months of 1998. Mr. McCabe added that Mr. Moore will be looking at a more seasonal location and suggested that the KDBA provide formal comments in February of 1998. On a motion by Councillor M. Yantzi, it was resolved: "That no action be taken at this time on the request of Mr. Edward Moore for permission to FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 23, 1997 - 104 - CITY OF KITCHENER 13. locate two ice cream vending vehicles in the Downtown for the 1997 Canada Day celebrations; and further, That should Mr. Moore wish to pursue this matter further, a subsequent submission be made to the Finance and Administration Committee in 1998 to be accompanied by formal comment from the Kitchener Downtown Business Association." ADMINISTRATIVE PROCEDURES FOR DOWNTOWN FINANCIAL INCENTIVES 14. 15. The Committee was in receipt of Planning and Development Department report PD 97\62 (June 18, 1997) recommending various administrative procedures for Downtown financial incentives arising from recommendations of the Mayor's Task Force on Downtown Revitalization and the Adaptive Re-use Committee. It was agreed that consideration of this item would be deferred and referred to the Planning and Economic Development Committee meeting later this date. NEXT MEETING The next regularly scheduled meeting of the Finance and Administration Committee will be held on Monday, August 11, 1997. ADJOURNMENT On motion, the meeting adjourned at 12.45 p.m. G. Sosnoski Manager of Corporate Records/Assistant City Clerk