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HomeMy WebLinkAboutFinance & Corp - 2002-06-10 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES June 10. 2002 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 2:30 p.m., chaired by Councillor J. Ziegler, with the following members present: Mayor C. Zehr and Councillors M. Galloway, G. Lorentz, J. Smola and C. Weylie. Councillor B. Vrbanovic was in attendance for part of the meeting. Others Present: Ms. L. MacDonald, Ms. J. Koppeser, Ms. A. Menon, Ms. R. Pitfield, Ms. J. Luciantonio, Ms. J. Given, Ms. D. Gilchrist and Messrs. R. Pritchard, G. Sosnoski, R. Gosse, J. Shivas, D. Paterson, F. Pizzuto, G. Melanson, S. Turner, R. Browning, D. Trask, R. Pedersen and B. Wolfe. 1. DTS-02-009 - VEHICLE DONATION - FIRE TRUCK WATERLOO REGION EMERGENCY SERVICES TRAINING AND RESEARCH COMPLEX IWRESTRCI The Committee was in receipt of Development and Technical Services Department report DTS- 02-009, dated September 26, 2001 recommending that a fully equipped 1988 Mack Thibault fire truck be donated to the University of Waterloo for use at the Waterloo Region Emergency Services Training and Research Complex. Ms. B. Weckman of the University of Waterloo was in attendance in support of the staff recommendation. On motion by Councillor J. Smola- it was resolved: "That the City of Kitchener donate the fully equipped 1988 Mack Thidault fire truck to the University of Waterloo (UW) for use at the Waterloo Regional Emergency Training and Research Complex (WRESTRC)." 2. CRPS-02-131 - SURPLUS CITY LAND - THREE FORMER KITCHENER-WILMOT HYDRO PROPERTIES - 406 COURTLAND AVENUE EAST - 520 FRANKLIN STREET NORTH - PATRICK STREET. VACANT LOTS 29. 30 AND 31 ON PLAN 244 The Committee was in receipt of Corporate Services Department report CRPS-02-131 dated May 29, 2002, recommending that three former Hydro substations be declared surplus to the City's needs. Councillor G. Lorentz noted that within his ward two such properties had been sold to private individuals; subsequently there have been many problems associated with these properties. Both Mayor C. Zehr and Councillor G. Lorentz recommended staff enquire as to whether Habitat for Humanity Waterloo Region or Kitchener Housing Inc. would have any interest in these properties, and consideration of the recommendation in the staff report be deferred to the Council meeting of June 17, 2002. On motion by Councillor G. Lorentz - It was resolved: "That consideration of Corporate Services Department report CRPS-02-131, recommending three former Hydro-Electric Commission of Kitchener-Wilmot properties be declared surplus to the City's needs, listed below, be deferred and referred to the Council meetina of June 17. 2002, pending a report from staff on any interest there may be in these properties by Habitat for Humanity Waterloo Region and Kitchener Housing Inc.: 'That the following former Hydro-Electric Commission of Kitchener-Wilmot properties be declared surplus to the City's needs: a) Substation #3 located at 406 Courtland Avenue East, described as Part Lot 18, Plan 404; b) Substation #17 located at 520 Franklin Street North, consisting of about 6,924 square feel and legally described as Lot 1, Plan 1152, save and except FINANCE & CORPORATE SERVICES COMMITTEE MINUTES June 10. 2002 - 47- CITY OF KITCHENER Part 5 on Reference Plan 58R-3942, and subject to a combined easement in favour of The 2. CRPS-02-131 - SURPLUS CITY LAND - THREE FORMER KITCHENER-WILMOT HYDRO PROPERTIES - 406 COURTLAND AVENUE EAST - 520 FRANKLIN STREET NORTH PATRICK STREET, VACANT LOTS 29, 30 AND 31 ON PLAN 244 ICONT'DI Bell Telephone Company of Canada and The Public Utilities Commission of the City of Kitchener; c) Vacant land on Patrick Street, described as Lots 29, 30 and 31, Plan 244; That Legal Services be directed to secure reasonable offers to purchase for presentation to Council.'" 3. CRPS-01-171 - SURPLUS CITY LAND - 1035 OTTAWA STREET NORTH IBEHIND NEW FIREHALLI The Committee was in receipt of Corporate Services Department report CRPS-01-171, dated May 22, 2002 recommending that vacant land located behind new Fire Hall #3 at 1035 Ottawa Street North be declared surplus to the City's needs. On motion - It was resolved: "That vacant land located behind the new Fire Hall #3, 1035 Ottawa Street North, described as Part Lot 12, Registered Plan 1278, save and except Part 4, Reference Plan 58R-8570, being irregular in shape, having approximately 120 feet of frontage on Holborn Court, backing onto River Road, having a depth of approximately of 375 feet, and consisting of approximately 70, 000 square feet, be declared surplus to the City's needs; and further, That Legal Services secure a reasonable offer to purchase, for presentation to Council." 4. CRPS-02-138 - GRAND RIVER ROTARY CLUB - REQUEST TO SELL FOOD - REQUEST FOR DESIGNATION EVENT OF 'MUNICIPAL SIGNIFICANCE' - SOUTHWEST OPTIMIST BALL FIELDS - SEPTEMBER 14. 2002 The Committee was in receipt of Corporate Services Department report CRPS-02-138 with respect to a request received from the Grand River Rotary Club to operate a refreshment stand at Southwest Optimist Ball Fields on September 14, 2002, and a request to have the Great 48 Baseball Fundraiser declared an event of Municipal Significance. On motion - It was resolved: "That the request of the Grand River Rotary Club to operate a refreshment stand at Southwest Optimist Ball Fields on September 14, 2002 be approved, provided the necessary licence including Health and Fire approvals is obtained; and further, That the Great 48 Baseball Fundraiser, a fund raiser for the Rotary Children's Centre and other special needs projects in the community, be declared an event of Municipal Significance." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES June 10. 2002 - 48- CITY OF KITCHENER 5. CRPS-02-127 - CIVITAN SPORTS - WATERLOO REGION - REQUEST TO SELL FOOD - PETER HALLMAN BALLY ARD - JUNE 27 TO 30. 2002 The Committee was in receipt of Corporate Services Department report CRPS-02-127, dated May 23, 2002 with respect to a request received from Civitan Sports - Waterloo Region to operate a refreshment stand during the 5'h Annual Civitan Fast Pitch Jamboree at Peter Hallman Ballyard on June 27-30,2002. On motion - It was resolved: "That the request of Citivan Sports - Waterloo Region to operate a refreshment stand during the 5'h Annual Civitan Fast Pitch Jamboree at Peter Hallman Ballyard on June 27- 30, 2002, be approved, provided the necessary licence including Health and Fire approvals is obtained; and further, That the reduced licence fee of $1 0.00 be applied." 6. CRPS-02-128 - PROPOSED ALTERNATIVE MASSAGE CENTRES BY-LAW The Committee was in receipt of Corporate Services Department report CRPS-02-128, dated May 24, 2002, proposing a draft by-law for consideration by City Council at its meeting of June 17, 2002, to license Alternative Massage Centres. Mr. D. Reid of the Reflexology Regional Council of Ontario was in attendance in support of the draft by-law. On motion by Mayor C. Zehr - it was resolved: "That a by-law be considered at the June 17, 2002 Council meeting to license Alternative Massage Centres, substantially in the form of the draft by-law dated May 17, 2002, attached to Corporate Services Department report CRPS-02-128." Carried unanimously. Councillor B. Vrbanovic entered the meeting at this time. 7. CRPS-02-135 - APPEAL TO LOCATE HOG DOG CART - ANNA & IRENA MARSZALEK - 50 VICTORIA STREET NORTH The Committee was in receipt of Corporate Services Department report CRPS-02-135, dated June 3, 2002, requesting the Committee's direction with respect to an appeal to the decision of the Manager of Licensing not to issue a licence for the operation a hot dog cart at 50 Victoria Street North. It was noted in the report that Municipal Code Chapter 586 (Refreshment Vehicles) requires that hot dog carts not be located within 200 metres of a Place of Refreshment, and there are four Places of Refreshment within the required distance separation. Ms. A. and Ms. I. Marszalek, appellants, were in attendance. They advised that they had talked to the business owner at 100 Victoria Street North who had not objection to them locating a hot dog cart at 50 Victoria Street North. It was noted that a letter of objection had been received from the Station Cafe, 100 Victoria Street North, who had originally agreed to the hot dog cart, but had subsequently changed their position. Councillor G. Lorenz requested that staff provide a map showing the proposed location for the hot dog cart, Places of Refreshment within 200 metres of the subject property, and the location of supporters and objectors to the hot dog cart. He asked that the Committee consider deferral FINANCE & CORPORATE SERVICES COMMITTEE MINUTES June 10. 2002 - 49- CITY OF KITCHENER of this appeal to the Council meeting of June 17, 2002, at which time the mapped information could be provided to members of Council. 7. CRPS-02-135 - APPEAL TO LOCATE HOG DOG CART - ANNA & IRENA MARSZALEK - 50 VICTORIA STREET NORTH ICONT'DI On motion by Councillor G. Lorentz - it was resolved: "That the consideration of the appeal of the Anna and Irena Marszalek of the City's refusal to issue them a licence to operate a hot dog cart at 50 Victoria Street North be deferred and referred to the Council meetina of June 17. 2002, pending receipt from staff of a map containing the following information: a) location of 50 Victoria Street North; b) location of all known supporters of and objectors to a hot dog cart at 50 Victoria Street North; and, c) places of refreshment within 200 metres of 50 Victoria Street North." 8. CRPS-02-143 - LIQUOR LICENCE EXTENSION / PATIO REQUEST - DANDY'S RESTAURANT - 85 KING STREET WEST The Committee was in receipt of Corporate Services Department report CRPS-02-143, dated June 5, 2002, requesting the Committee's direction with respect to correspondence received from Dandy's Restaurant, 85 King Street West, for permission to expand the size of the outdoor patio in front of their restaurant on July 5, 2002, as part of Cruise Night being sponsored by the Kitchener Downtown Business Association. The report notes that Council's approval of the operation of a sidewalk patio at Dandy's was approved only until June 30, 2002, pending a review by Council of any complaints received during the previous six months. Mr. P. Bardouniotis, Dandy's Restaurant, appeared in support of their request for the enlarged patio. Mr. M. Schreiter, KDBA, was also in attendance in support of the request. On motion by Councillor J. Smola- it was resolved: "That the request of Dandy's Restaurant, 85 King Street West, to expand the patio in front of their premises as shown on the sketch attached to their June 1, 2002 letter, to an area 18 feet by 20 feet, accommodating 6 tables, on July 5, 2002, as part of Cruise Night sponsored by the Kitchener Downtown Business Association, be approved." 9. CRPS-02-145 - REQUEST FOR ENCROACHMENT AGREEMENT - SIDEWALK PATIO - FRANKIE'S - 273 KING STREET WEST The Committee was in receipt of Corporate Services Department report CRPS-02-145, dated June 6, 2002 with respect to a request received from Frankie's, located at 273 King Street West, for the operation of a sidewalk patio which would extend seven feet, more or less, over the City's sidewalk. On motion by Councillor C. Weylie - it was resolved: "That the request of 'Frankie's', 273 King Street West, to operate a sidewalk patio in front of their premises, to extend 7' more or less over the City's sidewalk, be denied." 10. CRPS-02-137 - FIRST CHOICE RENT TO OWN - REQUEST TO HOLD A ONE DAY CHARITY BARBE QUE - 97 KING STREET WEST FINANCE & CORPORATE SERVICES COMMITTEE MINUTES June 10. 2002 - 50- CITY OF KITCHENER The Committee was in receipt of Corporate Services Department report CRPS-02-137, dated June 3, 2002, with respect to a request received by First Choice Rent to Own to operate a charitable barbeque at 97 King Street West. 10. CRPS-02-137 FIRST CHOICE RENT TO OWN REQUEST TO HOLD A ONE DAY CHARITY BARBE QUE - 97 KING STREET WESTlCONT'DI On motion by Councillor G. Lorentz - it was resolved: "That the request of 'First Choice Rent to Own' to operate a charitable barbeque at 97 King Street West for one day during the period June 20-22, 2002, be approved provided the necessary licence including Health and Fire approvals is obtained; and further, That the reduced licence fee of $1 0.00 be applied." 11. CRPS-02-136 - APPEAL TO LOCATE HOT DOG CART - MARGARET FUREY HAYWARD AVENUE The Committee was in receipt of Corporate Services Department report CRPS-02-136, dated June 3, 2002, requesting the Committee's direction with respect to an appeal received to the decision of the Manager of Licensing not to issue a licence to Margaret Furey to operate a hot dog cart on Hayward Avenue at either 176 or 135. It is noted in the report that there is one Place of Refreshment within the 200 metre distance separation required by Municipal Code Chapter 586 (Refreshment Vehicles). The report also notes that Traffic staff do not consider these locations as appropriate for a hot dog cart, given traffic conditions, motorist parked on the side of the road or boulevard would create a potential safety problem and affect traffic flow on the street and in/out of driveways. On motion by Councillor G. Lorentz - it was resolved: "That the appeal of Margaret Furey of the City's refusal to issue a licence permitting her to operate a hot dog cart at either 135 or 176 Hayward Avenue, be denied." 12. CRPS-02-134 - GARBAGE RECEPTACLES ON COMMERCIAL SITES The Committee was in receipt of Corporate Services Department report CRPS-02-134 providing background on an issue raised by Councillor J. Ziegler with respect to owners of commercial plazas who have removed garbage receptacles from around the plazas. Councillor J. Ziegler introduced this item and was supported in his concerns by Councillor B. Vrbanovic who suggested that staff look further into this matter to determine whether commercial plazas can be required, through site plan approval or through by-law, to provide and maintain garbage receptacles on their plaza properties. On motion by Councillor B. Vrbanovic - it was resolved: "That staff report at a future Finance and Corporate Services Committee meeting on the feasibility of requiring owners of commercial plazas to install and maintain garbage receptacles on their plaza properties, for use by the general public, through both of the following methods: a) site plan approval process; b) by by-law." 13. SSD-02-012 RETIREMENT AGE - FIRE CHIEF AND DEPUTIES FINANCE & CORPORATE SERVICES COMMITTEE MINUTES June 10. 2002 - 51- CITY OF KITCHENER The Committee was in receipt of Strategic Services Department report SSD-02-012, dated June 4, 2002, recommending that By-law 2000-12 be amended to reflect a normal retirement age of 60 for the positions of Fire Chief and Deputy Fire Chief. 13. SSD-02-012 RETIREMENT AGE - FIRE CHIEF AND DEPUTIES ICONT'DI On motion by Councillor B. Vrbanovic - it was resolved: "That By-law 2000-12 be amended to reflect a normal retirement age of sixty (60) for the positions of Fire Chief and Deputy Fire Chief; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." 14. CRPS-02-130 ENFORCEMENT PROTOCOLS AND POLICIES (GENERAL) PROTOCOL FOR LODGING HOUSE LICENSING NEW POLICY ON LODGING HOUSE ENFORCEMENT The Committee was in receipt of Corporate Services Department report CRPS-02-130, dated June 5, 2002, containing eight recommendations regarding procedures, protocol and policies relative to By-law Enforcement at the City, licensing of lodging houses, and enforcement of these lodging house licensing requirements. Mr. G. Melanson reviewed each of the eight recommendations. The Committee noted the request received by staff to notify property owners of applications received for lodging houses in their area. Several Committee members stated there could be benefits to such a notification process and directed that staff explore this matter further. On motion by Councillor C. Weylie - It was resolved: "a) That the Director of Enforcement be designated as the contact person for the City's By-law Enforcement staff and Fire Prevention/lnspection staff (collectively referred to as 'City Enforcement Staff) for all matters where staff from the two areas have a joint interest, relating to inquiries from and coordination with outside enforcement agencies in the Region (for example the Waterloo Regional Police Services) to facilitate communication, cooperation and coordination on enforcement issues; and, b) That revised Council Policy Resolution 1-654, 'Enforcement - By-laws', as attached to Corporate Services Department report CRPS-02-130, be approved; and, c) That the 'Operational Protocol - City of Kitchener Enforcement Staff as attached to Corporate Services Department report CRPS-02-130, be approved; and, d) That staff prepare a 'Rights of Entry Fact Sheet' and contact list of City Enforcement staff to be made available to all City of Kitchener Enforcement staff, Members of Council, and other outside agencies (in particular the Waterloo Regional Police Services) to assist all parties in their understanding general rights of entry of the City and the Waterloo Regional Police Services; and, e) That Enforcement staff be trained in issues of child protection and reporting processes; and, f) That a new Council Policy Resolution regarding 'Enforcement - Lodging Houses' as attached to Corporate Services Department report CRPS-02-130, be approved; and, g) That By-law Enforcement and Licensing staff continue to work toward the identification of non-licensed lodging houses to ensure all operating lodging FINANCE & CORPORATE SERVICES COMMITTEE MINUTES June 10. 2002 - 52- CITY OF KITCHENER houses are licensed, and to take appropriate enforcement action when 14. CRPS-02-130 - ENFORCEMENT PROTOCOLS AND POLICIES (GENERAL) - PROTOCOL FOR LODGING HOUSE LICENSING - NEW POLICY ON LODGING HOUSE ENFORCEMENT ICONT'DI necessary; and, h) That By-law Enforcement, Licensing and Planning staff prepare the necessary lodging house licensing information material to guide landlords in understanding the licensing process and understanding the City's expectations on operating a lodging house in the City of Kitchener; and further, i) That staff report at a future Finance and Corporate Services Committee meeting on the feasibility of notifying neighbouring property owners of lodging house licence applications received by the City for lodging houses in their area." Carried unanimously. 15. CUPE 791 NEGOTIATIONS Mr. D. Paterson was in attendance to provide information with respect to negotiations taking place between the City and CUPE 791, noting that a mediation meeting with the Ministry has been set for Wednesday June 26, 2002, the Union will be in a legal strike position and the Corporation in a legal lock-out position at one minute past midnight on Friday June 28, 2002. 16. KFD-02-143 FIRE DEPARTMENT BUDGET OVER EXPENDITURE PERSONALPROTECTIVE EQUIPMENT The Committee was in receipt of Kitchener Fire Department report KFD-02-143, dated June 10, 2002, requesting permission for an over expenditure in the amount of $83,000. to allow for the purchase of personal protective equipment for City firefighters. On motion by Councillor G. Lorentz - it was resolved: "That an over expenditure of $83,000. be approved in 2002, from Index 410050-1534, for the purchase of protective equipment for City firefighters." 17. CRPS-02-133 - CHAPTER 842 - HEDGES & OTHER OBJECTS - TRAFFIC HAZARDS - CITY OF KITCHENER MUNICIPAL CODE The Committee was in receipt of Corporate Services Department report CRPS-02-133, dated June 5, 2002, providing background information with respect to Municipal Code Chapter 842 (Hedges - Other Objects - Traffic Hazards). It was noted by Councillor J. Ziegler that he had requested this information report but would like the matter deferred to a future meeting to allow him an opportunity to further discuss the matter with staff. On motion by Councillor G. Lorentz- it was resolved: "That consideration of Corporate Services Department report CRPS-02-133 (Municipal Code Chapter 842 - Hedges - Other Objects - Traffic Hazards) be deferred and referred to a future Finance and Corporate Services Committee meeting." 18. CRPS-02-140 - RESPONSE TO REQUEST FOR INFORMATION - DECOMMISSIONED WELLS The Committee was in receipt of Corporate Services Department report CRPS-02-140, dated June 5, 2002, providing information with respect to staffs denial of a request for information FINANCE & CORPORATE SERVICES COMMITTEE MINUTES June 10. 2002 - 53- CITY OF KITCHENER pertaining to decommissioned wells. The report notes that staff are currently working on developing a process to educate and inform staff on the aspects of the Municipal Freedom of Information and Protection of Privacy Act and public access to City records. Included in this update will be the investigation in the practicality of establishing a formal list of records for 18. CRPS-02-140 RESPONSE TO REQUEST FOR INFORMATION- DECOMMISSIONED WELLS ICONT'DI routine disclosure which potentially may include the location of decommissioned wells. On motion by Councillor J. Ziegler- it was resolved: "That staff report on the City's, Region's and Province's current policies with respect to public access to information on the location of decommissioned wells within their respective jurisdictions; and further, That staff report on the practicality of establishing a list of abandoned and decommissioned wells for 'Routine Disclosure' under the Municipal Freedom of Information and Protection of Privacy Act." 19. ADJOURNMENT On motion, the meeting adjourned at 3:30 p.m. Dianne H. Gilchrist Committee Administrator