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HomeMy WebLinkAboutFinance & Admin - 2001-06-04FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 4, 2001CITY OF KITCHENER The Finance and Administration Committee met this date, chaired by Councillor J. Ziegler, commencing at 10:48 a.m., with the following members present: Councillors M. Galloway, G. Lorentz, J. Smola, B. Vrbanovic and C. Weylie. Others Present:Ms. J. Koppeser, Ms. G. Luciantonio, Ms. A. Menon and Ms D. Gilchrist and Messrs. R. Pritchard, J. Shivas, L. Proulx, G. Sosnoski, G. Melanson, B. Stanley and J. Witmer. 1. CRPS-01-075 – BY-LAW TO ESTABLISH EARLY CLOSING HOURS – PLACES OF REFRESHMENT AND PUBLIC HALLS The Committee was in receipt of Corporate Services Department report CRPS-01-075, which had been before this Committee at its May 14, 2001 meeting. At that meeting the Committee had agreed to hear public comment at the June 4, 2001 Finance and Administration Committee meeting on proposed by-laws to establish early closing hours for places of refreshment and public halls. The Committee was also in receipt of a draft by-law dated May 14, 2001 with respect to the proposal to establish early closing hours for public halls. Attached to staff report CRPS-01-075 is a draft by-law to amend Chapter 583 (Public Halls) of the City of Kitchener Municipal Code with respect to early closing hours for public halls. Mr. George Demetriou was in attendance to voice his objection to the establishment of early closing hours for public halls and places of refreshment, advising that his establishment, Felicity’s on Queen Street North, remains open until 6:00 a.m., and it is the early morning hours when he does most of his business. Ms. A. Menon explained the early closing hours proposed in the draft by-laws, noting that these st establishments will be required to be closed between 3:00 a.m and 5:00 a.m. except on January 1 each year and on those occasions for which the Province extends the hours for any reason. Mr. Demetriou noted that his business is not in or close to a residential area and questioned the need to reduce his operating hours. Councillor B. Vrbanovic responded that a number of concerns have been raised through staff, the Kitchener Downtown Business Association and enforcement agencies, noting that these by-laws will not affect Mr. Demetriou alone but will apply to all businesses of this type. Mr. Demetriou replied that his is the only business in the downtown that stays open after 3:00 a.m. and he believes the by-laws are directed at him specifically. Ms. J. Koppeser advised that she regularly receives complaints through calls from the Waterloo Regional Police, usually related to patrons at establishments in the downtown, but they do not identify the specific establishment. Mr. Demetriou responded that he has been in operation for 6 months and has only been charged once during that time with respect to an empty liquor bottle outside the premises; noting that he has never been charged for problem patrons. Mr. Marty Schreiter of the Kitchener Downtown Business Association (KDBA) appeared in support of the proposed by-laws, noting that Mr. Demetriou is a member of the KDBA. He noted that bars can stay open until 3:00 a.m., after which it is important to move people out of the downtown. Without the establishment of early closing hours it will be difficult to encourage existing and future bar owners to close early. Councillor B. Vrbanovic put forward a motion to adopt the proposed by-laws. He stated the importance of creating an equal position for all establishments, noting that some bar owners have run all-night parties, which has a negative impact on downtown residential areas and on enforcement. On motion by Councillor B. Vrbanovic – it was resolved: “That Council adopt a by-law to amend Municipal Code Chapter 584 (Places of Refreshment), in the form as attached to Corporate Services Department report CRPS- 01-075, and a by-law to amend Municipal Code Chapter 583 (Public Halls), in the form of the draft by-law dated May 14, 2001, both establishing early closing hours.” 2. CRPS-01-086 – APPEAL TO LOCATE HOT DOG CART AT HOME BUILDING CENTER, 166 FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 4, 2001- 70-CITY OF KITCHENER PARK STREET, KITCHENER The Committee was in receipt of Corporate Services Department report CRPS-01-086, dated May 29, 2001, advising of an appeal by Chris Goleszny to locate a hot dog cart at the Home Building Centre, 166 Park Street, Kitchener. The staff report notes that there are five places of refreshment within 200 meters of this location, and for this reason the licence is being denied. The Committee noted that staff have notified these places of refreshment of the appeal and no written comments have been received from them, nor delegations registered in opposition to the application. Mrs Goleszny and her son appeared on behalf of Chris Goleszny in support of his request for the hot dog cart licence. She noted that there is a considerable driving distance between the Home Building Centre and the places of refreshment within the 200 meters of this location due to the size of the property at 166 Park Street. Councillor Weylie noted that no complaints have been received about his hot dog cart, which Mrs. Goleszny confirmed had started last year. Councillor Ziegler noted that there were no written objections or other delegations registered in this regard. On motion by Councillor C. Weylie – it was resolved: “That the appeal of Chris Goleszny to operate a hotdog cart at Home Building Centre, 166 Park Street, Kitchener, be approved.” 3. CRPS-01-080 – BY-LAW TO LICENCE ESCORT SERVICES The Committee was in receipt of Corporate Services Department report CRPS-01-080, dated May 28, 2001, as a follow up report to that received by the Committee at its meeting of May 14, 2001. This report addresses those concerns and questions raised by the Finance and Administration Committee at its May 14, 2001 meeting. Councillor B. Vrbanovic put forward a motion to take no action to license Escorts and Escort Services at this time. He noted the advice in the staff report that police enforcement costs cannot be added to the licence fee because the police are part of a separate level of government. He stated that he could not believe that the Province would not allow police enforcement costs to be included in the City’s licence fees. He directed Legal Department staff to review this matter further, including the possibility of the City contracting the Waterloo Regional Police to enforce certain City by-laws and include such costs in the licence fees. Councillor Ziegler suggested that if legislation does not readily permit such a contract with the Police, the City could ask the Province for special permission to do so, and the City could then pay the Police for their services in this regard. Councillor G. Lorentz stated that although he is in support of Councillor Vrbanovic’s motion, there is a continuing problem with Escorts and Escort Services. He suggested that if there are any illegal operations taking place, the Police ought to be investigating them. He put forward an amendment to the motion to request the Region and the Waterloo Regional Police to take a pro-active approach to dealing with Escorts and Escort Services region-wide. He stated that the transient nature of Escort Service businesses puts the enforcement responsibility in the hands of the Region. Councillor Vrbanovic accepted Councillor Lorentz’s amendment as a friendly amendment. On motion by Councillor B. Vrbanovic - it was resolved: “That no action be taken at this time to license Escorts and Escort Services in the City of Kitchener; and further, That the Regional Municipality of Waterloo and the Waterloo Regional Police Services be requested to take a pro-active approach to dealing with the problems associated with Escort Services in the Region.” 4. CRPS-01-084 – REQUEST BY CIVITAN SPORTS – WATERLOO REGION – CHARITABLE REFRESHMENT STAND LICENCE – PETER HALLMAN BALLYARD The Committee was in receipt of Corporate Services Department report CRPS-01-084, dated FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 4, 2001- 71-CITY OF KITCHENER May 29, 2001, with respect to a request received from Civitan Sports – Waterloo Region to operate a charitable refreshment stand at the Peter Hallman Ballyard on June 28-July 1, 2001, th in connection with the 4 Annual Civitan Fast Pitch Jamboree. On motion by Councillor G. Lorentz - it was resolved: “That the request of the Civitan Sports – Waterloo Region to operate a charitable th refreshment stand during the 4 Annual Civitan Fastpitch Jamboree at the Peter Hallman Ballyard on June 28 – July 1, 2001, be approved on the condition that the necessary license including Health and Fire approvals is obtained.” 5. CRPS-01-085 – REQUEST TO CONDUCT PROGRESSIVE BINGO GAMES – KITCHENER CHARITIES BINGO – CONCOURSE CHARITIES BINGO ASSOCIATION The Committee was in receipt Corporate Services Department report CRPS-01-085, dated May 29, 2001, advising of the applications to the Alcohol and Gaming Commission by Kitchener Charities Bingo Committee and the Concourse Charities Bingo Association to operate Progressive Bingo Games in the City of Kitchener. The report also advises that although the licence will be issued by the Province and the charities will report to the Province, the funds raised must be used by the charities for the same purposes as the regular bingo games licensed by the City of Kitchener. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion and voting concerning this matter as he is associated with an organization that derives part of its revenues from bingos. On motion by Councillor J. Smola - it was resolved: “That the City of Kitchener has no objection to a provincial licence being issued to the Kitchener Charities Bingo Committee to operate a progressive bingo game (Rules of Play ‘A’ – Accumulator Style Game) on an on-going basis; and further, That the City of Kitchener has no objection to a provincial licence being issued to the Concourse Charities Bingo Association to operate a progressive bingo game (Rules of Play ‘D’ – two $5,000. progressive style game) on an on-going basis.” 6. BPS-01-071 – REQUEST FOR COMMUNITY DEVELOPMENT INFRASTRUCTURE GRANT GROUP (GET RID OF URBAN PESTICIDES) – PHASE II ECOLAWN PROJECT The Committee was in receipt of Business and Planning Services Department report BPS-01- 071, dated May 8, 2001, recommending approval of a Community Development Infrastructure Grant for GROUP (Get Rid of Urban Pesticides) for the EcoLawn Project. Councillor B. Vrbanovic put forward the staff recommendation. Upon questioning, Councillor Weylie was advised that this is a pilot project, and she requested that the motion be amended accordingly, which was agreed to by Councillor Vrbanovic as a friendly amendment. On motion by Councillor B. Vrbanovic – it was resolved: “That the application of GROUP (Get Rid of Urban Pesticides) for a community development infrastructure grant of up to $1,500. for the EcoLawn Pilot Project be approved; and further, That an evaluation of the EcoLawn Pilot Project be undertaken and a final report be presented to Council.” 7. REQUEST FOR GRANT OF COMMITTEE OF ADJUSTMENT APPLICATION FEE – SUBMISSION NO. A 2000-081 – 395 MARGARET AVENUE Councillor J. Smola advised that in November 1999, Mr. Nemec contacted staff concerning FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 4, 2001- 72-CITY OF KITCHENER the regulations for detached structures, as he was interested in purchasing the property at 395 Margaret Avenue, if he could construct a detached garage covering 15% of the lot area. Mr. Nemec received a letter from the City confirming that fact. The property was purchased by him in December 1999, based on the City’s confirmation. Subsequently, in May 2000, Council passed a by-law reducing the permitted lot coverage for detached structures to 10%, and Mr. Nemec found he could not obtain a building permit for his proposed garage without first obtaining the approval of the Committee of Adjustment. Councillor Smola asked for this Committee’s support of a grant for the property owner to reimburse the $286.00 Minor Variance Application fee. On motion by Councillor J. Smola – it was resolved: “That a grant in the amount of $286.00 be approved for Tom Nemec relative to his application fee for Minor Variance Submission No. A2000-081, 395 Margaret Avenue, Kitchener.” 8. BPS-01-077 – GRANT REQUEST – DOWNTOWN FINANCIAL INCENTIVES – FIFTY- SEVEN QUEEN STREET LIMITED – 57 QUEEN STREET NORTH The Committee was in receipt of Business and Planning Services Department report BPS-01- 077, dated May 24, 2001, recommending approval of a Grant-in-Lieu of Building Permit Fee and tax rebate, in the amount of $217,000. under the Downtown Financial Incentives Program for the construction of a 165 unit, 18 storey apartment building at 57 Queen Street North, Kitchener. Mr. Stanley introduced the report and advised there is $488,000. in the capital budget this year for financial incentive programs. On motion by Councillor B. Vrbanovic – it was resolved: “That the application of Fifty-Seven Queen Street Limited for a “Grant in Lieu of Building Permit Fee” and tax rebate, in the amount of $217,000. under the Downtown Financial Incentive Program be approved, for construction of a 165 unit, 18 storey apartment building at 57 Queen Street North, Kitchener.” 9. LEG-01-055 – LICENCE AGREEMENT WITH WATERLOO REGION – USE OF MAPS TO PROMOTE FILM LOCATIONS AND AREA SERVICES TO THE FILM AND TELEVISION INDUSTRY The Committee was in receipt of Legal Department report LEG-01-055, dated May 30, 2001, recommending that the City enter into a licensing agreement with the Regional Municipality of Waterloo for use of maps to promote various locations and services to the film and television industry. Councillor M. Galloway put forward the recommendation of staff. Councillor Vrbanovic questioned why matters of a routine nature such as this require Council approval. He requested an amendment to Councillor Galloway’s motion directing the Interim Chief Administrator to investigate whether matters of a routine nature must be approved by Council. On motion by Councillor M. Galloway – it was resolved: “That the Mayor and Clerk be authorized to execute the license agreement with the Regional Municipality of Waterloo, dated May 14, 2001, which will allow the City of Kitchener to use certain maps owned by the Region to promote sites as potential filming locations for the film and television industry; and further, 9. LEG-01-055 – LICENCE AGREEMENT WITH WATERLOO REGION – USE OF MAPS TO PROMOTE FILM LOCATIONS AND AREA SERVICES TO THE FILM AND TELEVISION INDUSTRY(CONT’D) FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 4, 2001- 73-CITY OF KITCHENER That the Interim Chief Administrator investigate whether matters of a very routine nature, such as the above agreement, must be considered by Council.” 10. LEG-01-054 – AMENDMENT TO AIRSPACE LEASE AGREEMENT WITH MTD PRODUCTS LIMITED – PERMISSION TO ERECT SIGN ON EXTERIOR OF CONVEYOR BELT OVER BORDEN AVENUE The Committee was in receipt of Legal Department report LEG-01-054, dated May 28, 2001, recommending an amending agreement with MTD Products Limited that will allow them to erect a sign on the exterior of their conveyor belt, which extends over Borden Avenue. On motion by Councillor G. Lorentz – it was resolved: “That the Mayor and Clerk be authorized to execute the amending agreement with MTD Products Limited, dated May 14, 2001, which will allow MTD to erect a sign on the exterior of the conveyor belt over Borden Avenue.” 11. LEG-01-053 – ANIMAL CONTROL SERVICES CONTRACT WITH CITY OF WATERLOO AND KITCHENER-WATERLOO AND NORTH WATERLOO HUMANE SOCIETY The Committee was in receipt of Legal Department report LEG-01-053 recommending an agreement with the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society for Animal Control Services. A copy of the agreement was attached to the staff report. Councillor G. Lorentz moved the recommendation in the staff report. Councillor J. Smola noted that the City’s by-law allow seniors a discount for dog licence fees, and questioned whether people on a fixed income or disability income could be offered the same discount. He requested an amendment to the motion that staff report to this Committee regarding extending reduced licence fees to people on a fixed income. Councillor B. Vrbanovic noted that the agreement will expire on December 31, 2003. Noting that 2003 is an election year, he requested an amendment to the recommendation to direct that negotiations for the next Animal Control Services Agreement commence in June 2003. Both requested amendments were accepted by Councillor Lorentz as friendly amendments. On motion by Councillor G. Lorentz – it was resolved: “That the Mayor and Clerk be authorized to execute the Animal Control Services Agreement with the Corporation of the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society dated January 1, 2001; and, That staff investigate and report as to whether reduced dog licence fees offered to seniors can be extended to people on disability or reduced incomes; and further, That negotiations relative to the next Animal Control Services Agreement commence in June 2003, prior to the end of the above Agreement.” 12. CRPS-01-070 – REQUEST TO HIRE NEW ELECTRICIAN – FACILITIES MANAGEMENT DIVISION The Committee was in receipt of Corporate Services Department report CRPS-01-070, dated May 7, 2001, requesting permission for the Facilities Management Division to hire one additional electrician. Mr. L. Proulx reviewed the report noting the savings accrued to the City resulting from retaining its own trades. He noted that the Division has two electricians on staff and is requesting a third. 12. CRPS-01-070 – REQUEST TO HIRE NEW ELECTRICIAN – FACILITIES MANAGEMENT DIVISION(CONT’D) On motion by Councillor C. Weylie– FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 4, 2001- 74-CITY OF KITCHENER it was resolved: “That the staff complement of the Facilities Management Division be increased by one full-time electrician and this electrician position be filled.” 13. KITCHENER DOWNTOWN BUSINESS ASSOCIATION – 2001 BUDGET APPROVAL The Committee was in receipt of the Kitchener Downtown Business Association 2001 Operating Budget. Mr. Marty Schreiter was in attendance to answer any questions the Committee might have in this regard. He advised that the KDBA is budgeting the same assessment income in 2001 as for 2000, being $452,000. On motion by Councillor C. Weylie – it was resolved: “That the 2001 budget of the Kitchener Downtown Business Association be approved, as outlined in the ‘Kitchener Downtown Business Association Schedule of Revenues and Expenses Analysis for year 2001 Operating Budget’ dated May 22, 2001.” 14. BELMONT IMPROVEMENT AREA – BUDGET APPROVAL 2001 The Committee was in receipt of correspondence from Ms. Pamela Ridley, Treasurer, Belmont Improvement Area Board of Management, dated May 30, 2001, attached to which is their 2001 Operating Budget. On motion by Councillor C. Weylie – it was resolved: “That the 2001 budget of the Belmont Improvement Area be approved, as attached to their correspondence dated May 30, 2001.” 15. CRPS-01-087 – RECOMMENDATION OF DOG DESIGNATION APPEAL COMMITTEE – RE: NOTIFICATION PROCEDURE TO HUMANE SOCIETY BY HEALTH UNIT AND WATERLOO REGIONAL POLICE The Committee was in receipt of Corporate Services Department report CRPS-01-087, dated May 30, 2001, advising of the recommendation of the Dog Designation Appeal Committee, which requests that the Health Unit and Waterloo Regional Police establish procedures where, within 7 days of an incident, they notify the Kitchener-Waterloo and North Waterloo Humane Society of occurrences where a dog has been quarantined for attacking or biting a human, and occurrences known to Police where a dog has bitten or attacked a human or other dog. Councillor J. Ziegler explained why this recommendation is before the Committee, noting that the pitbull type dog resident at 35 McGee Avenue had bitten a young girl 2-3 weeks prior to the most recent incident which was widely publicized in the media. He advised that the recommendation in the report should be amended to change the last word from ‘dog’ to ‘animal’. Councillor B. Vrbanovic noted that although there may be some privacy issues surrounding this request, it is a matter of public safety. On motion by Councillor B. Vrbanovic– it was resolved: 15. CRPS-01-087 – RECOMMENDATION OF DOG DESIGNATION APPEAL COMMITTEE – RE: NOTIFICATION PROCEDURE TO HUMANE SOCIETY BY HEALTH UNIT AND WATERLOO FINANCE & ADMINISTRATION COMMITTEE MINUTES JUNE 4, 2001- 75-CITY OF KITCHENER REGIONAL POLICE (CONT’D) “That the Council of the Regional Municipality of Waterloo be requested to direct the Health Unit to establish a procedure whereby they notify the Kitchener-Waterloo and North Waterloo Humane Society, within 7 days of an incident, if the Health Unit quarantines a dog as a result of it having attacked or bitten a human; and further, That the Waterloo Regional Police be directed to establish a procedure whereby they notify the Kitchener-Waterloo and North Waterloo Humane Society, within 7 days of incidents investigated by them, or reported to them, of dogs attacking or biting humans or other animals.” 16. ADJOURNMENT On motion, the meeting adjourned at 11:38 a. m. Dianne H. Gilchrist Committee Administrator