Loading...
HomeMy WebLinkAboutFinance & Admin - 2001-03-26FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 26, 2001 CITY OF KITCHENER The Finance and Administration Committee met this date, chaired by Councillor J. Ziegler, commencing at 10:08 a.m., with the following members present: Mayor C. Zehr and Councillors M. Galloway, G. Lorentz, J. Smola and B. Vrbanovic. Others Present: Ms. P. Houston, Ms. L. MacDonald, Ms. C. Ladd, Ms. A. Menon, Ms. J. Koppeser and Ms. D. Gilchrist and Messrs. R. Pritchard, F. Pizzuto, G. Sosnoski, C. Pomeroy, B. Stanley, D. Paterson and J. Shivas. 1. CRPS-01-038 - EXEMPTION FROM MUNICIPAL CODE CHAPTER 745 (GUNS) The Committee was in receipt of Corporate Services Department report CRPS-01-038, dated March 21, 2001, recommending an amendment to Municipal Code Chapter 745 (Guns) to exempt the Kitchener-Waterloo Humane Society and the City Poundkeeper from the prohibition on the discharge of firearms within the City limits, specifically in regard to the the humane destruction of injured or rabid wild animals on the Humane Society and Poundkeeper premises. Messrs. Ward McAlister and Jamie Laflamme of the Kitchener-Waterloo Humane Society appeared as a delegation, Mr. McAlister advising that they are in agreement with the staff recommendation. On motion by Councillor B. Vrbanovic- it was resolved: "That City of Kitchener Municipal Code Chapter 745 (Guns) be amended to exempt the Kitchener-Waterloo Humane Society and the City Poundkeeper from the prohibition on the discharge of firearms within the City limits, specifically in regard to the humane destruction of injured or rabid wild animals on the Humane Society and Poundkeeper premises." BPS-01-045 - REQUEST FOR DEFERRAL OF DEVELOPMENT CHARGES - LUTHERAN HOMES OF KITCHENER-WATERLOO (TRINITY VILLAGE) The Committee had been provided with Business and Planning Services report BPS-01-045, dated March 23, 2001, in response to the request received from Lutheran Homes of Kitchener- Waterloo for a deferral of the development charges payable against the construction of the new long-term care facility to a later phase of development. The recommendation of staff was that the request be supported, in principal, subject to entry into a deferral agreement, the terms of which are to be negotiated. Mr. Tim McCabe appeared as a delegation, representing Lutheran Homes of Kitchener-Waterloo. He advised that Lutheran Homes is a not-for-profit organization that provides affordable housing and health care facilities for seniors. Mr. McCabe advised that the new long-term health care facility will replace the existing facility on the site, and the existing 150 beds will be moved from the existing building to the new building. Mr. McCabe advised that their request is for a deferral of all development charges for the long-term care facility until it is occupied, and the existing building is ready to be redeveloped. Referring to the staff report, Mr. McCabe advised that he does not disagreed with staffs technical analysis of the Development Charges By-law. He pointed out that, although there will be 120 private and semi-private rooms in the new facility, there will be no increase in the number of residents. He further advised that Lutheran Homes agrees to pay all development charges which are based on increased use. Mr. McCabe then referred to his letter, dated March 26, 2001, distributed at this meeting, which contained two proposed resolutions, and requests that the Committee adopts one of them as an addendum to staff's recommendation. He reminded the Committee that the City has approved grants for the value of development charges before, notably for Habitat for Humanity. He requested that, if the Committee felt it could not deem that the intent of the Development Charges Act and the Development Charges By-law are being met by deferring all development charges, to be applied to the conversion of the existing nursing home to new units, that they provide a grant equal to the amount of the development charges relating to the 35 additional lodging units in the continuum care facility. Mayor Zehr questioned Mr. McCabe as to whether there were any way the new facility could be configured to increase the demand on the infrastructure without being assessed for development charges. Mr. McCabe advised that a deferral agreement under the Act will be required, and BPS-01-045 - REQUEST FOR DEFERRAL OF DEVELOPMENT CHARGES - LUTHERAN FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 26, 2001 - 45- CITY OF KITCHENER HOMES OF KITCHENER-WATERLOO (TRINITY VILLAGE) (CONT'D) through that agreement the City can require payment of development charges if there is an increase in occupancy. Councillor Ziegler questioned whether the City could deem that the intent of the Development Charges Act and By-law have been met, as suggested in Mr. McCabe's letter. Ms. C. Ladd stated that she is not certain the City has the ability to interpret the Act and the by-law in that way. She agreed with Mr. McCabe that there is no increased demand on services at this time; however, there is nothing in the development charges by-law about numbers of beds, so there would be no ability to collect additional development charges if the number of beds increases. Councillor J. Ziegler then questioned whether the amount of development charges can remain outstanding for an indefinite period of time. Both Ms. C. Ladd and Ms. A. Menon advised that they would need time to research Councillor Ziegler's question. When questioned by Councillor Ziegler, Mr. McCabe advised that they intend to apply for the building permit at the beginning of April. Councillor Ziegler then suggested that consideration of this request be deferred to next Monday night's Council meeting. On motion by Councillor B. Vrbanovic- it was resolved: "That consideration of Business & Planning Services Department report BPS-01-045 (request of Lutheran Homes of Kitchener-Waterloo for a deferral of development charges relating to the Trinity Village Continuum Care Facility proposed at 2727 Kingsway Drive) be deferred and referred to the Council meetinq of April 2, 2001, pending a further report from staff as to whether the amount of the development charges can remain outstanding for an indefinite period of time." CRPS-01-040 - REQUEST FOR MIDWAYS - 707 OTTAWA STREET SOUTH AND 120 PIONEER DRIVE The Committee was in receipt of Corporate Services Department report CRPS-01-040, dated March 21, 2001, requesting the Committee's direction with respect to two requests received to operate midways. The first request if from Mr. Craig Vogan, Optimist Co-ordinator, Optimist Club of Southwest Kitchener, to operate a midway at Southwest Optimist Park, 120 Pioneer Drive on May 24 to May 27, 2001. The second request is from Ms. Linda Homeniuk, Homeniuk Rides Incorporated, to operate a midway at Weiland Ford, 707 Ottawa Street South, on April 19 to April 22, 2001. It was noted in the report that the proposed hours of operation are: Thursday & Friday, 3:00 p.m to 11:00 p.m., Saturday, 10:00 a.m to 11:00 p.m., and Sunday, 11:00 a.m to 10:00 p.m. Mr. Brian Dalrymple appeared as a delegation to oppose the location of a midway at Weiland Ford, 707 Ottawa Street South, due to noise concerns. He advised that he lives at the corner of Flint Drive and Alpine Road, backing onto the site proposed for the midway. His concern was with respect to midway noise and how it would affect his and his children's ability to sleep, advising that he works shifts. He also advised that he believes the parking lot on that property is too small, noting that approximately 5,000 - 6,000 people will attend the midway over the weekend. Mr. Dalrymple advised that his additional concerns relate to the number of people who will pass by his property, garbage that will be dropped on his property, and he noted that volunteers will assist in setting up the midway and questioned their ability to set up the rides. Ms. Linda Homeniuk, Homeniuk Rides, appeared as a delegation and advised that the rides are inspected and are checked daily, so safety need not be a concern. She pointed out that in their 20 years of business they have never had a safety problem. With respect to the size of the midway proposed for the Weiland Ford property, Ms. Homeniuk advised that it will be smaller than last year's midway, with only six rides. Mayor Zehr questioned whether Ms. Homeniuk had approached the owners of the Best Pipe Property to locate there again, and Ms. Homeniuk advised that she had and it is under new ownership and not available this year. CRPS-01-040 - REQUEST FOR MIDWAYS - 707 OTTAWA STREET SOUTH AND 120 FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 26, 2001 - 46- CITY OF KITCHENER PIONEER DRIVE (CONT'D) Mayor Zehr questioned the availability of adequate parking on the Weiland Ford property. Ms. Homeniuk advised that the used cars on the site will be moved to provide for parking, and the owners have advised that they will work with Homeniuk Rides to provide parking for the midway patrons. Councillor J. Ziegler questioned whether Ms. Homeniuk would be willing to turn off the music at the midways earlier than 10:00 p.m. on school nights, suggesting 8:30 p.m., and Ms. Homeniuk agreed to turn off the music at 8:30 p.m on Thursday and Sunday evenings at both midways. Mayor Zehr put forward a motion to approve the requests for midways subject to parking arrangements being reviewed by staff to ensure they are adequate, and subject to the music being turned off at 8:30 p.m. on evenings preceding school days. Mr. Dalrymple emphasized his problem with garbage and Ms. Homeniuk agreed to have someone clean up garbage associated with the midway from Mr. Dalrymple's property. On motion by Mayor C. Zehr- it was resolved: "That the request of the Optimist Club of Southwest Kitchener to hold a midway at the Southwest Optimist Park, 120 Pioneer Drive from Thursday, May 24 - Sunday, May 27, 2001 be approved; and, That the request of Homeniuk Rides Incorporated to hold a midway at Weiland Ford, 707 Ottawa Street South from April 19 - April 22, 2001 be approved; and further, That approval of both midways be subject to the following conditions: a) That the hours of operation are as follows: · Thursday and Friday, 3:00 p.m. to 11:00 p.m. · Saturday, 10:00 a.m. to 11:00 p.m. · Sunday, 11:00 a.m. to 10:00 p.m. b) That the music at the midways be turned off one hour before closing time excepting those evenings (Thursday and Sunday) preceding school days when it shall be turned off at 8:30 p.m. and, c) That parking arrangements be reviewed with staff of the Traffic and Parking Division to ensure adequate off-street parking will be provided; and, d) That the required licence be obtained." 4. CRPS-01-039 - REQUEST TO WAIVE LICENCE FEES - JOSEPH SCHNEIDER HAUS The Committee was in receipt of Corporate Services Department report CRPS-01-039, dated March 21, 2001, in response to a letter received from Ms. Susan Burke, Manager/Curator of Joseph Schneider Haus, requesting that the licence fees for the Herb Fair and Perrenial Exchange on May 5 & 6, 2001 and a Craft Show and Sale to be held on August 18, 2001, be waived. The report requests the Committee's direction in this regard. Mayor Zehr questioned whether the figure of $562.00 was the licence fee for the entire event and Ms. Koppeser advised that it covers all aspects connected with the show. Mayor Zehr then questioned if there was any difference between herbs and crafts and Ms. Koppeser advised that there was not. Mayor Zehr then stated that this request has been approved in previous years and any exemptions approved by Council have been few and generally associated with municipal operations. On motion by Mayor C. Zehr - it was resolved: 4. CRPS-01-039 - REQUEST TO WAIVE LICENCE FEES - JOSEPH SCHNEIDER HAUS FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 26, 2001 (CONT'D) - 47- CITY OF KITCHENER 5 "That the licence fee for the Herb Fair to be held on May 5 & 6, 2001 and the Handwerk Craft Show to be held on August 18, 2001, at Joseph Schneider House be reduced to $10.00, provided the necessary licences are obtained." CRPS-01-041 - VARIOUS REQUESTS FOR SUMMER ACTIVITIES ON CITY PROPERTY The Committee was in receipt of Corporate Services Department report CRPS-01-041, dated March 19, 2001, with respect to the request for permission to sell food in Civic Square and Victoria Park for various events to take place during the summer, and declaration of the Caribbean Event to be held on August 9, 2001 and the Greek Event to be held on September 5, 2001 as events of "Municipal Significance". On motion by Councillor B. Vrbanovic- it was resolved: "That the sale of food in Civic Square and Victoria Park, for the following events on the following dates, be approved, provided the necessary licences, including Health and Fire approvals are obtained: Block Party Tooney Tuesdays World Beat Indi Island Kidspark - June 2, 2001 - July 10, 17, 24 & 31, 2001 - July 12, August 9 & September 5, 2001 - June 7, 14, 28 & July 5, 2001 - August 11, 2001; and That in Civic Square, a maximum of four food vendors for each event be permitted on June 2, July 10, 12, 17, 24, 31, August 9 & September 5, 2001, and in Victoria Park a maximum of four food vendors be permitted during events to be held on June 7, 14, 28, July 5 & August 11, 2001; and, That the Block Party on June 2, World Beat on July 12, August 9 & September 5, and Beet Beethoven on May 20, 2001 be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, the events ending at approximately 11:00 p.m.; and, That permission be granted to the Special Events Facilitator to hold a fireworks display in Victoria Park on May 20, 2001, provided the necessary Fire Permit is obtained; and, That the Caribbean event on August 9 and the Greek event on September 5, 2001, be designated as events of 'Municipal Significance' for the purpose of applying for a liquor licence, since these events are a celebration of the diversity of people living within our City; and further, That the Special Events Facilitator be authorized to sign liquor licence applications for the above events on behalf of the City of Kitchener." CRPS-01-042 - 2001 STREET VENDORS BY-LAW The Committee was in receipt of Corporate Services Department report CRPS-01-042, dated March 21,2001, attached to which was a draft of the proposed Street Vendors By-law for the 2001 season. On motion by Councillor J. Smola - it was resolved: "That the 2001 Street Vendors By-law, in the form as attached to Corporate Services Department Report CRPS-01-042, be approved." 7. LEG-01-031 - ENCROACHMENT AGREEMENTS - HOT DOG CARTS AND SIDEWALK FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 26, 2001 - 48- CITY OF KITCHENER PATIOS The Committee was in receipt of Legal Department report LEG-01-031, dated March 21, 2001, recommending that the City enter into various encroachment agreements with restaurant owners in the downtown with respect to encroachments for patios and hot dog carts. Councillor B. Vrbanovic put forward the recommendation contained in the staff report. Ms. Koppeser was questioned as to whether any of these sidewalk patios and hot dog carts have been problems within the past year and she advised that they had not. With respect to control of litter, Ms. MacDonald advised that there are several conditions within these agreements dealing with the disposal of garbage. On motion by Councillor B. Vrbanovic- it was resolved: "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Dandy's Restaurant, located at 85 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31, 2001; and, That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31, 2001; and, That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Big City Donut, located at 24 Gaukel Street, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31, 2001; and, That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Stages, located at 312 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31, 2001; and further, That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Reggie's, located at 1 King Street West, for the operation of a hotdog cart for the period commencing the date the Agreement is signed by all parties to October 31, 2001 ." 8. CRPS-01-034 - FLEET VEHICLE IDENTIFICATION The Committee was in receipt of Corporate Services Department report CRPS-01-034, dated March 12, 2001, with respect to changing identification on City vehicles. Mr. C. Pomeroy was in attendance to represent the report and displayed the new decals proposed for the City vehicles which would include the department and division name. He noted that the stripe on the vehicle would be shorter than that currently used. The question was raised as to why the Fire Department vehicles would not be included within this new identification program and Mr. Pomeroy advised that small vehicles used by the Fire Department could be included if Council directed. Councillor Lorentz referred to a sign which he had seen in certain vehicles on the highway which included a phone number so that people could comment as to whether or not they felt the driver was driving improperly. On motion by Councillor M. Galloway - FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 26, 2001 - 49- CITY OF KITCHENER it was resolved: "That the Fleet Division discontinue the use of the existing decal and long stripes on new City vehicles and substitute the new identification design described in Corporate Services Department report CRPS-01-034 and illustrated in the attachment to the report." LEG-01-028 - JOB CREATION PROGRAM - HUMAN RESOURCES DEVELOPMENT CANADA 10. The Committee was in receipt of Legal Department report LEG-01-028, with respect to a change in the conditions of employment for the Job Creation Partnerships program offered through Human Resources Development Canada, the change being that Human Resources Development Canada is now insisting that the ultimate employer pay the Workplace Safety and Insurance Board coverage for these participants. Mr. G. Melanson introduced the report noting that there are three possible resolutions the Committee could adopt, outlined at the end of the staff report, and a fourth recommendation that the City advise Human Resources Development Canada of its concern and displeasure over this new requirement. When questioned as to whether the City ought to participate in this program any further, Mr. Melanson advised that Management Committee has considered the issue and recommends participation on a limited scope. When questioned by Mayor C. Zehr as to the types of jobs being undertaken by these participants, Mr. Pizzuto advised that they are primarily desk positions, such as the research being done on the archive project. He advised that he saw a continuing need for participation in this Job Creation Partnership to some extent. When questioned by Mayor Zehr, Mr. Pizzuto advised that staff propose to stay away from high risk positions. On motion by Mayor C. Zehr- it was resolved: "That the City of Kitchener participate in Human Resources Development Canada's (HRDC) Job Creation Partnerships Program (JCP) and agree to provide Workplace Safety and Insurance Board (WSlB) coverage to JCP participants provided that: a) such participation will be limited to clerical and Iow risk job placements as determined by the CAO; and, b) Council's policy resolution respecting Job Placement and Co-op Student Placement Procedure is followed; and further, c) the Clerk be instructed to send a letter to HRDC, with copies to the local M.P.'s, the Minister of Human Resources Development Canada and other municipalities in the Region, expressing the City's concern and displeasure over HRDC's requirement that sponsor employers must agree to provide WSlB coverage to JCP participants." LEG-01-029 - JOB PLACEMENT AND CO-OP STUDENT PLACEMENT PROCEDURE The Committee was in receipt of Legal Department report LEG-01-029, dated March 26, 2001, recommending a policy with respect to Job Placement and Co-op Student Placement Procedure. On motion by Councillor G. Lorenz - it was resolved: "That the policy titled 'Job Placement and Co-op Student Placement Procedure' attached to Legal Department report LEG-01-029 be approved and added to Human Resources policies contained in the Council Policy Manual." 11. LEG-01-030 - HOUSEKEEPING AMENDMENTS TO BY-LAWS FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 26, 2001 CITY OF KITCHENER The Committee was in receipt of Legal Department report LEG-01-030, dated March 21, 2001, attached to which were draft by-laws of a housekeeping nature with respect to dogs, electrical contractors and master electricians, plumbing/plumbers and fees for auctioneers. On motion by Councillor B. Vrbanovic- it was resolved: "That Council approve by-laws, in the form attached to Legal Department report LEG- 01-030, to amend the following: - By-law 2000-200 - By-law 2000-201 - By-law 2000-228 - By-law 2000-232 (Electrical Contractors and Master Electricians) (Plumbing / Plumbers) (Fees - Auctioneers) (Dogs)" 12. LEG-01-032 - EMPLOYMENT CONTRACT - CITY HALL CAFETERIA - ANN KNOL The Committee was in receipt of Legal Department report LEG-01-032, dated March 21, 2001, recommending an employment contract with Ms. Ann Knol to provide cafeteria services in the City Hall cafeteria. Mayor Zehr questioned whether the contract is the same as for the incumbent and Ms. A. Menon advised that it is a similar contract; however, it includes a profit sharing clause. Councillor Lorenz questioned why the term of the contract was only 6 months and Ms. Menon advised that it was intended to provide a fixed term for the contract with opportunity for automatic renewal if there are no complaints. On motion by Mayor C. Zehr- it was resolved: "That the Mayor and Clerk be authorized to execute an employment agreement with Ann Knol for the provision of Cafeteria Services in the City Hall Cafeteria." 13. CRPS-01-043 - DISTRIBUTING INFORMATION ON PROHIBITED DOGS The Committee was in receipt of Corporate Services Department report CRPS-01-043, dated March 21, 2001, relaying a recommendation from the Dog Designation Appeal Committee that information be produced and distributed by various means to inform the public that pit bull dogs and pit bull crosses are prohibited in the City of Kitchener. Councillor J. Ziegler advised that there are many cases where people are moving into Kitchener from out of town with pit bull dogs, not being aware of the City's By-law, and the Committee would like to reach these people and have them forewarned. Mr. G. Sosnoski recommended an amendment to the recommendation that prior to requesting that these pamphlets be distributed with dog licence renewal notices, that discussions take place with the Humane Society. On motion by Councillor B. Vrbanovic- it was resolved: "That staff develop a pamphlet to be distributed to all multi-residential properties in the City of Kitchener to assist landlords in notifying new tenants that pit bulls and pit bull crosses are prohibited in the City of Kitchener; and, That subject to the agreement of the Kitchener-Waterloo and North Waterloo Humane Society, the pamphlets also be distributed with dog licence renewal notices; and further, That the information in the pamphlet be included in the City of Kitchener website." FINANCE & ADMINISTRATION COMMITTEE MINUTES MARCH 26, 2001 -51- CITY OF KITCHENER 14. REVIEW OF ADVISORY COMMITTEES Mayor Zehr advised that discussions have taken place with respect to the variety of advisory committees reporting to Council and suggested that there may be some duplication of efforts. He requested that a working group be formed consisting of members of Council and members of staff to review the current advisory committees of Council prior to any further consideration by Council. When questioned by the Committee, Mr. Sosnoski advised that the target for this preliminary review is a two week period, the report would identify the Committees which would be affected and a profile of the issues. On motion by Councillor B. Vrbanovic- it was resolved: "That a joint Council/Staff Working Group be established to conduct a preliminary review of the current Advisory Committees of Council; and further, That Mayor C. Zehr, Councillor B. Vrbanovic, Councillor C. Weylie, Ms. M. Morrison & Messrs. B. Stanley, F. Pizzuto, and G. Sosnoski be appointed to the Working Group." 15. UNFINISHED BUSINESS AGENDA Mr. R. Pritchard drew to the attention of the Committee Items number 1 and 2 on its Unfinished Business List and questioned if the Committee wished to pursue these matters. Councillor J. Smola advised that Item number 1 was his request and he wished to withdraw that item from the Unfinished Business List at this time. Councillor B. Vrbanovic stated that Item number 2 should still be on the list and can be looked at when consideration is given to restructuring the Communications Division. 16. NOISE AND VIBRATION ISSUES - LEAR SEATING It is noted that Ms. Wenzlawski was not in attendance with respect to the noise and vibration issues at Lear Seating. Councillor J. Ziegler advised that Ms. Wenzlawski had advised that she would send him a letter outlining her concerns but this has not been received; however, he is aware that there is a petition going around the neighbourhood. He requested that a member of staff work with the neighbours and Lear Seating in this regard. Mr. B. Stanley advised that perhaps the Economic Development staff could work with Lear Seating. Councillor Ziegler questioned whether there are any standards in the Building Code with respect to noise and vibrations. Mr. Stanley advised that this is a matter for the Ministry of the Environment and staff will have discussions with the neighbours and the Ministry in this regard. 8. ADJOURNMENT On motion, the meeting adjourned at 11:15 a. m. Dianne H. Gilchrist Committee Administrator