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HomeMy WebLinkAboutFinance & Corp - 2002-03-25 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 25. 2002 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, chaired by Councillor J. Ziegler, commencing at 2:50 p.m., with the following members present: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, G. Lorentz and J. Smola. Councillor B. Vrbanovic was in attendance for part of the meeting. Others Present: Ms. P. Houston, Ms. R. Pitfield, Ms. D. George, Ms. J. Koppeser, Ms. A Menon, Ms. J. Murphy, Ms. J. Buckingham. Ms. L. Baillargeon, Ms. C. Heal, Ms. I. Magid, Ms. D. Gilchrist and Messrs. J. Fielding, R. Pritchard, J. Shivas, G. Melanson, S. Turner and D. Quinn. 1. CRPS-02-063 - HUMANE SOCIETY - EXEMPTION FROM DOG LICENSING REQUIREMENT The Committee was in receipt of Corporate Services Department report CRPS-02-063, dated March 20, 2002, recommending an amendment to Municipal Code Chapter 530 (Dogs) to provide for an exemption from dog licensing for dogs which are the property of the Humane Society. Mr. J. LaFlamme of the Kitchener-Waterloo and North Waterloo Humane Society was in attendance to advise the staff recommendation relates to a new program where animals with health problems are sent to foster homes, and they do not want to have to license these animals. On motion by Councillor C. Weylie - it was resolved: "That staff prepare a by-law to amend Municipal Code Chapter 530 (Dogs) to provide for exemption from the dog licensing requirements for dogs that are the property of the Humane Society." 2. DTS-02-049 - DOWNTOWN FINANCIAL INCENTIVES - GRANT-IN-L1EU OF BUILDING PERMIT FEES - 16 KING STREET EAST The Committee was in receipt of Development and Technical Services Department report DTS- 02-049, dated March 6, 2002, recommending approval of a "Grant-in-Lieu of Building Permit Fee" under the Downtown Financial Incentives Program, in the amount $723.25, for the property municipally known as 16 King Street East, Kitchener. It was resolved: "That the application of Mr. & Mrs. Keh for a "Grant-in-Iieu of Building Permit Fee", under the Downtown Financial Incentive Program for 16 King Street East, in the amount of $723.25, be approved." 3. CRPS-02-065 - ACQUISITION OF VACANT LAND - PART 3, REFERENCE 58R-12677 - RANDERSON AVENUE The Committee was in receipt of Corporate Services Department report CRPS-02-065, dated March 20, 2002, recommending the purchase of vacant land, fronting onto Randerson Avenue, from the Ministry of Transportation. It was resolved: "That the City of Kitchener purchase from the Ministry of Transportation vacant property fronting onto Randerson Avenue, legally described as Part of Lot 59, Registered Plan 651, designated as Part 3 on Plan 58R-12677, at the purchase price of $57,000.; and, That the City of Kitchener agrees to pay the purchase price as follows: Transfer of 3.23 acres of vacant City land to the Ministry of Transportation required for the expansion of Conestoga Parkway; the lands legally described as: 3. CRPS-02-065 - ACQUISITION OF VACANT LAND - PART 3, REFERENCE 58R-12677 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 25. 2002 - 21- CITY OF KITCHENER - RANDERSON AVENUE (CONT'D) Part Lot 98, Subdivision of Lot 2, G.C.T., Part of Lots 45 and 46, Municipal Compiled Plan 762, Lots 48, 49, 50, 51, 54, 55, 56 and 57, Municipal Compiled Plan 765, Part Block "A", Registered Plan 842, Part of Parkway Boulevard and Blocks "F" and "J" Registered Plan 923, Part of Lots 20, 28 and 30 and Part Graber Place, Municipal Compiled Plan 760, Part Lot 2, Municipal Compiled Plan 759, Part Lot 180 and Part Montgomery Road, Registered Plan 651, City of Kitchener, and Part Lots 1 and 4, Registered Plan 253, Part Lot 98, Subdivision of Lot 2, German Company Tract, and Part Block "A", Registered Plan 254, Geographic Township of Waterloo; and, That the City land being valued at $43,730., the balance of the purchase price of $13,270. be paid to the Ministry of Transportation on closing; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor." 4. SSD-02-007 ASSISTANCEI AMENDMENT TO COUNCIL POLICY 11-115 IEMPLOYEE The Committee was in receipt of Strategic Services Department report SSD-02-007, dated March 25, 2002, recommending an amendment to Council Policy 11-115 (Employee Assistance Program) in light of Council's recent approval of a new benefits provider and insurance carriers. It was resolved: "That Council Policy 11-115 (Employee Assistance Program) be amended by deleting paragraph 2 of the Policy in its entirety." 5. CRPS-02-064 - HOUSE KEEPING AMENDMENTS TO BY-LAW TO 2001-152 The Committee was in receipt of Corporate Services Department report CRPS-02-064, dated March 20, 2002, recommending amendments to By-law 2001-152 with respect to Adult Entertainment Parlours. A copy of the draft By-law was attached to the report. It was resolved: "That a by-law be considered at the April 8, 2002 Council meeting, in the form as attached to Corporate Services Department report CRPS-02-064, to amend By-law 2001-152." 6. CRPS-02-061 - HOTDOG CART LOCATION APPEAL - 166 PARK STREET AT HOME BUILDING CENTRE The Committee was in receipt of Corporate Services Department report CRPS-02-061, dated March 18, 2002, with respect to an appeal received from Chris Goleszny for a licence to operate a hotdog cart at Home Building Centre, 166 Park Street, Kitchener. The report advises that there are several Places of Refreshment within 200 metres of this location, and in accordance with Municipal Code Chapter 586 (Refreshment Vehicles) the licence has been denied. On motion by Councillor C. Weylie - it was resolved: "That the appeal of Chris Goleszny for permission to operate a hotdog cart at Home Building Centre, 166 Park Street, Kitchener, be approved." 7. CRPS-02-060 - CHIPWAGON LOCATION APPROVAL (JUNGLE FRIES) 1615 STRASBURG ROAD FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 25. 2002 - 22- CITY OF KITCHENER The Committee was in receipt of Corporate Services Department report CRPS-02-060, dated March 18, 2002, with respect to a request from Cindy Ertel, Jungle Fries, to authorize a chipwagon at 1615 Strasburg Road, for the year 2002. The report advises that this chipwagon has operated at this location since September 1997, and has been reviewed on an annual basis by Council, pending review of an Official Plan Amendment and Zoning Change. The report also notes the Official Plan review is being undertaken as part of a broader review; consequently, it has been delayed. On motion by Councillor C. Weylie - it was resolved: "That subject to meeting all licensing requirements and obtaining the owner's permission, Cindy Ertel, Jungle Fries, be granted permission to operate a chip wagon at Hogg Fuel Depot, 1615 Strasburg Road, for the year 2002, with enforcement of the zoning by-law being waived; and further, That should the applications for Official Plan Amendment and Zoning By-law be unsuccessful, the applicant be permitted to operate the subject business until the end of the then current year." 8. CRPS-02-057 - "WE BELIEVE IN KIDS FOUNDATION" - REQUEST FOR REDUCED LICENCE FEE The Committee was in receipt of Corporate Services Department report CRPS-02-057, dated March 18, 2002, with respect to a request received from "We Believe in Kids Foundation" for a reduced licence fee to hold an auction and serve refreshments at the City Hall Rotunda on May 11 , 2002. On motion by Mayor C. Zehr it was resolved: "That "We Believe in Kids Foundation" be granted permission to hold an auction and serve refreshments in the City Hall Rotunda on May 11, 2002, provided the necessary licence, including Health and Fire approvals, is obtained, with the nominal licence fee of $10.00 being applicable." 9. CRPS-02-059 - JOSEPH SCHNEIDER HAUS - REQUEST FOR REDUCED LICENCE FEE The Committee was in receipt of Corporate Services Department report CRPS-02-059, dated March 18, 2002, with respect to a request received from the Joseph Schneider Haus for reduced licence fees for two shows taking place at the Museum. On motion by Councillor C. Weylie - it was resolved: "That the licence fee for the following 2 events at Joseph Schneider Haus be reduced to $10.00: a) Herb Fair - May 4, 2002, and b) Storytelling Festival and Craft Show - September 21 , 2002." 10. CRPS-02-058 - "GET RID OF URBAN PESTICIDES" REQUEST FOR REDUCED LICENCE FEE FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 25. 2002 - 23- CITY OF KITCHENER The Committee was in receipt of Corporate Services Department report CRPS-02-058, dated March 18, 2002, advising of the request received from "Get Rid of Urban Pesticides" for a reduced licence fee for their sale of EcoLawn Care Kits at the Kitchener Memorial Auditorium on April 20, 2002. Councillor M. Galloway put forward a motion of no action for this request, noting that the correspondence attached to the staff report indicates this organization is already receiving funding from the City of Kitchener. He also advised this organization is a profit making organization and Council's direction with respect to reduced licence fees is that it applies to charitable organizations; also, City support may imply to some people that this City supports the organization's philosophy and its practices. Several members spoke against Councillor Galloway's motion, noting previous approvals for other profit making situations. Mayor Zehr noted that this organization is involved in work being undertaken by the City's Environmental Committee and the Region. It was suggested the organization is more in the nature of the public advocacy organization than a profit making organization, and they only intend to sell 30 kits which will not produce a large profit. Councillor M. Galloway's motion of no action was voted on and lost. On motion by Mayor C. Zehr - it was resolved: "That "Get Rid of Urban Pesticides" (GROUP) be granted permission to hold a one day sale on April 20, 2002, at the Kitchener Memorial Auditorium, to sell EcoLawn Care Kits, with the nominal licence fee of $1 0.00 being applicable." Councillor B. Vrbanovic entered the meeting at this time. 11. FIN-02-012 - REDUCTION IN PRICE NATURAL GAS COMMODITY The Committee was in receipt of Financial Services Department report FIN-02-012, dated March 20, 2002, recommending a reduction in the supply price for the natural gas commodity to 19.8 cents per cubic metre from the current rate of 23.8 cents per cubic metre. The report explains commitments to the Ministry to Energy and the Ontario Energy Board require the City not profit from this program, and the large surpluses which exist would only result in rate decreases in the future. Mr. Quinn advised that the public and Gas Utility customers will be notified of the reduction in the gas commodity price through inserts in the gas bills and an advertisement in The Record. The Committee requested additionally, a banner be printed on the gas bill envelope notifying customers of important information enclosed, and an article in this regard be placed in the next issue of "Your Kitchener" . On motion by Mayor C. Zehr - it was resolved: "That the supply price for the natural gas commodity be decreased to 19.8 cents per cubic metre from 23.8 cents per cubic metre for system gas customers of the City of Kitchener, effective April 1 , 2002." 12. DTS-02-053 - LIQUOR LICENCE APPLICATION - 762480 ONTARIO INC. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 25. 2002 - 24- CITY OF KITCHENER - 41- 45 KING STREET WEST The Committee was in receipt of Development and Technical Services Department report DTS-02- 053, dated March 19, 2002, with respect to an application to the Alcohol and Gaming Commission by 762480 Ontario Inc. for a liquor licence for the property municipally known 41-45 King Street West, Kitchener. The report recommends the City of Kitchener not object to the issuance of this liquor licence, subject to certain conditions. On motion by Councillor B. Vrbanovic - it was resolved: "That no action be taken to oppose the application for a liquor licence by 762480 Ontario Inc. (the 'Applicant') at 41-45 King Street West, Kitchener, based on the applicant agreeing to the following: To voluntarily request the following conditions be added to the liquor licence, and in the event the Alcohol and Gaming Commission, at its discretion, does not add these conditions to the licence, to have these conditions added to and forming part of the 'private agreement conditions'. The applicant understands the City's non-objection to the issuance of their liquor licence is based on the 'private agreement' and continued compliance. Conditions The applicant agrees: (a) to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; (b) to become a member of the Kitchener Downtown Business Association's Licence and Entertainment Committee and attend its meetings; (c) to set a 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in their application (alcohol sales will be limited to 60% of gross refreshment sales); (d) to notify the Clerk of the City of Kitchener in writing of any applications to change the licence, at the time the application is made to the Alcohol and Gaming Commission, and not expand the licensed establishment without the consent of the City's Council; and, (e) these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 13. CRPS-02-039 - COUNCIL AUTHORITY FOR "ROUTINE CONTRACTUAL MATTERS" The Committee was in receipt of Corporate Services Department report CRPS-02-039, dated March 18, 2002, in response to a request from Councillor B. Vrbanovic, at the Finance and Administration Committee meeting of June 4, 2001, for staff to investigate whether contractual matters of a very routine nature must be considered by Council. Mr. G. Melanson reviewed the contents of the staff report, in which it is noted that all contracts must be approved by Council in some way, for them to be binding against the City. If an agreement is signed without authority from Council, the agreement arguably does not bind the City, and the staff member could be held personally liable. However, there are ways for Council to improve the processing and timing for contracts, agreements, etc., such as the use of the "Consent Agenda", Council Policy Resolutions giving signing authority to a specific member of senior staff, by position title, and through the Purchasing By-law. The staff report also reviewed the need for standardized wording for resolutions that provide for the authority of Council for 13. CRPS-02-039 - COUNCIL AUTHORITY FOR "ROUTINE CONTRACTUAL MATTERS" ICONT'DI FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 25. 2002 - 25- CITY OF KITCHENER the City to enter into contracts. Finally, Mr. Melanson's report referred to Council Policy 1-153 (Agreement & Contract - Enhancement, Extension or Renewal of) which requires staff to obtain Council's approval prior to engaging in discussion/negotiations relative to the enhancement, extension or renewal of City agreements and contracts. He questioned that if Council wishes to maintain this policy in light of Councillor Vrbanovic's original request from June 2001. On motion by Councillor B. Vrbanovic- it was resolved: "That Legal Services develop standardized resolutions and a policy regarding authority to enter into contracts for the three scenarios as described in Corporate Services Department report CRPS-02-039, and report to Finance and Corporate Services Committee; and further, That Legal Services review Council Policy 1-153 (Agreements & Contracts - Enhancement, Extension or Renewal of), and present a report of suggested revisions which will allow staff to negotiate enhancements, extensions, or renewals to existing agreements, contracts and identified situations." 14. DTS-02-041 - DISPOSAL OF SPECIAL OPERATION UNIT The Committee was in receipt of Development and Technical Services Department report DTS-02- 041, dated February 18, 2002, recommending Council donate vehicle #4508 to Box 690 Fire Department Canteen. Box 690 is a volunteer agency who has supported Fire Departments in the Region, and provided a valuable rehabilitation service to the Kitchener Fire Department for over 10 years. Councillor B. Vrbanovic put forward the recommendation contained in the staff report, and accepted as a friendly amendment Mayor Zehr suggestion that this vehicle be inscribed with words or symbols noting that the truck has been donated by the City of Kitchener. On motion Councillor B. Vrbanovic - it was resolved: "That Council's policy regarding sale by public tender or auction be waived, and vehicle #4508 be donated to Box 690 Fire Department Canteen; and further, That an inscription be placed on this vehicle noting that it has been donated by the City of Kitchener." 15. DTS-02-060 - TRAFFIC SIGNAL OPTICOM 2002 INSTALLATION The Committee was in receipt of Development and Technical Services Department report DTS- 02-060, dated March 15, 2002, recommending that the 2002 costs for Opticom installations be paid from the Capital Contingency, and future approved installations of traffic signals include the costs of Opticom installations. On motion by Councillor G. Lorentz - it was resolved: "That the $43,215. cost for the installation of Opticoms for 2002 be paid from Capital Contingency; and further, That future installations of traffic signals include the costs of Opticom installations." 16. NEW BUSINESS FINANCE & CORPORATE SERVICES COMMITTEE MINUTES MARCH 25. 2002 - 26- CITY OF KITCHENER Mayor Zehr, referring to 2002 Budget discussions with respect to unwarranted traffic signals, noted that the Region is currently reconsidering its criteria for signal warrants. He noted his discussions with Mr. J. McBride identified six locations in Kitchener where traffic signals are desirable but not warranted. He advised that he will report to Council on the outcome of the Region's reconsideration of this matter. 17. PECUNIARY INTEREST Councillor B. Vrbanovic noted that he was not in attendance when item #3 on the agenda was considered, and had he been in attendance he would have declared a pecuniary interest with this matter as his wife is employed by the City of Kitchener. 18. ADJOURNMENT On motion, the meeting adjourned at 3:40 p.m. Dianne H. Gilchrist Committee Administrator