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HomeMy WebLinkAboutFin & Corp Svcs - 2010-04-12FINANCE AND CORPORATE SERVICES COMMITTEE The Finance and Corporate Services Committee met this date commencing at 1:18 p. m. Present: Councillor B. Vrbanovic -Chair Mayor C. Zehr and Councillors J. Smola, G. Lorentz, J. Gazzola and C. Weylie. Staff: C. Ladd, Chief Administrative Officer D. Chapman, General Manager, Financial Services T. Speck, General Manager, Corporate Services J. Willmer, Interim General Manager, Development & Technical Services P. Houston, General Manager, Community Services R. Regier, Executive Director, Economic Development S. Adams, Director, Community & Corporate Planning S. Turner, Director, By-law Enforcement K. Kugler, Manager, AUD & Community Arenas J. Sheryer, Assistant City Solicitor B. Musselman, Manager of Operations C. Bluhm, Manager, Downtown Community Development C. Waller, Manager of Building P. Harris, Manager of Licensing J. Billett, Committee Administrator CSD-10-017 -AMENDMENT TO THE 2010 SCHEDULE OF FEES & CHARGES The Committee considered Community Services Department report CSD-10-017, dated March 18, 2010 requesting a revision to the 2010 Schedule of Fees and Charges to correct a typographical error made relative to the fees for Utility Cuts (Roadway) and Prime Time/League ice rates. On motion by Councillor J. Gazzola - itwas resolved: "That the revised fees for City of Kitchener 2010 Utility Cuts (Roadway) for road cuts greater than 20 square meters in area (which were changed from $100.00 per square meter plus $74.00 fixed rate, plus $175.00 mobilization fee to $75.00 per square meter plus $175.00 mobilization fee) in the 2010 Schedule of Fees and Charges, be approved retroactive to January 1, 2010; and further, That the previously approved City of Kitchener 2010 Prime Time/League ice rate of $194.00 be corrected to $197.50 in the 2010 Schedule of Fees and Charges and be approved for the spring 2010 Prime Time/League rentals." CRPS-10-013 -AMENDMENT TO CHAPTER 712 (CROSS-BOWS -LONG-BOWS) OF THE MUNICIPAL CODE The Committee considered Corporate Services Department report CRPS-10-013, dated April 6, 2010 concerning an amendment to Chapter 712 of the Municipal Code to provide for a reduction in the designated area where hunting with cross bows and long bows is permitted. Councillor J. Gazzola raised concerns that bow hunting is still permitted within the City limits. Mr. S. Turner advised that this practice has existed for a number of years primarily to control deer populations affecting farmlands. He stated that the designated area proposed is a safe distance from any development and he anticipates that in the next review the designated area is likely to be eliminated in its entirety. Mr. Turner added that while not defined by road patterns, the designated area is delineated by topographical features and it has been his experience that those engaging in the practice, as well as those allowing hunting on their properties, do contact the City to advise as to when this activity is taking place. On motion by Councillor J. Gazzola - itwas resolved: "That a by-law be enacted to amend Chapter 712 (Cross-Bows -Long-Bows) of the City of Kitchener Municipal Code to replace Schedule A of that Chapter, as attached to FINANCE AND CORPORATE SERVICES COMMITTEE CRPS-10-013 -AMENDMENT TO CHAPTER 712 (CROSS-BOWS -LONG-BOWS) OF THE MUNICIPAL CODE (CONT'D) Corporate Services Department report CRPS-10-013, relating to designated areas of the City where cross bow hunting is permitted." CRPS-10-035 -AMENDMENT TO CHAPTER 270 (PARKS) OF THE MUNICIPAL CODE The Committee considered Corporate Services Department report CRPS-10-035, dated March 30, 2010 concerning proposed amendments to Chapter 270 of the Municipal Code to remove reference to no overnight parking in parks as parks are now closed from 11:00 p. m. to 6:00 a. m.; and to add wording to clarify what is prohibited in respect to having a fire in a park. On motion by Councillor J. Gazzola - itwas resolved: "That a by-law be enacted to amend Chapter 270 (Parks) of the City of Kitchener Municipal Code with regard to housekeeping amendments, as outlined in Corporate Services Department report CRPS-10-035." CRPS-10-037 -PERMISSION FOR OUTDOOR GARAGE SALE -COUNTRY HILLS RECREATION ASSOCIATION -JUNE 5, 2010 - 100 RITTENHOUSE ROAD The Committee considered Corporate Services Department report CRPS-10-037, dated March 31, 2010 concerning a request to hold an outdoor garage sale on City property. On motion by Councillor J. Gazzola - itwas resolved: "That the request of the Country Hills Recreation Association to hold an outdoor garage sale at 100 Rittenhouse Road on June 5, 2010, be approved, provided the necessary licence is obtained." CRPS-10-038 -MULTICULTURAL FESTIVAL The Committee considered Corporate Services Department report CRPS-10-038, dated March 31, 2010 requesting that the Multicultural Festival be declared a Civic Celebration and considered as a "Community Festival"; and be granted a Temporary Retail Market Licence. On motion by Councillor J. Gazzola - itwas resolved: "That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park on Saturday, June 26 and Sunday, June 27, 2010, the period of June 26 to July 1, 2010 inclusive, be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a "Community Festival" within Kitchener; and further, That the KW Multicultural Festival Inc., be granted a Temporary Retail Market Licence, provided that the necessary licence, including Health and Fire approvals, is obtained." CRPS-10-039 -REQUEST FOR PERMISSION TO SELL REFRESHMENTS -CIVIC SQUARE -PROBATION OFFICERS ASSOCIATION OF ONTARIO - MAY 6, 2010 The Committee considered Corporate Services Department report CRPS-10-039, dated March 31, 2010 requesting permission to sell refreshments on City property for a special event. On motion by Councillor J. Gazzola - itwas resolved: FINANCE AND CORPORATE SERVICES COMMITTEE CRPS-10-039 -REQUEST FOR PERMISSION TO SELL REFRESHMENTS -CIVIC SQUARE -PROBATION OFFICERS ASSOCIATION OF ONTARIO - MAY 6, 2010 (CONT'D) "That the request of the Probation Officers Association of Ontario to sell refreshments at Kitchener City Hall Civic Square on May 6, 2010, be approved, provided the necessary licence, including Health and Fire approvals, is obtained." CRPS-10-040 -REQUEST FOR OUTDOOR FOOD & MERCHANDISE VENDORS - DOON HERITAGE CROSSROADS -MAY 29, 2010 The Committee considered Corporate Services Department report CRPS-10-040, dated March 31, 2010 requesting permission to have food and merchandise vendors operate at a special event. On motion by Councillor J. Gazzola - itwas resolved: "That the request of Doon Heritage Crossroads to invite 1 food vendor and approximately 5 merchandise vendors to operate at the Emergency Services Muster Games and Parade on May 29, 2010, at 10 Huron Road, be approved, providing the necessary licence, including Health and Fire approvals, are obtained; and further, That the reduced fee of $45.00 be applicable." CRPS-10-041 -REQUEST FOR VARIOUS EVENTS IN THE DOWNTOWN DURING 2010 The Committee considered Corporate Services Department report CRPS-10-041, dated April 1, 2010 requesting approvals for various events in the Downtown during 2010. At the request of Councillor C. Weylie, Mr. S. Turner agreed to follow-up with the Community Services staff to provide the times of operation for the Magnetic North Theatre Festival. Mr. Turner also advised that special events are often exempt from the normal park closing time of 11:00 p. m., with allowance made for clean-up of the events. On motion by Councillor J. Gazzola - itwas resolved: "That the request for the sale of food and/or merchandise on City property during various events being conducted from May to December 2010, listed on Schedule 'A' of Corporate Services Department report CRPS-10-041, be approved, provided the necessary licences are obtained, including Health and Fire approval; and, That the request for an exemption from Chapter 450 (Noise), for the events listed on Schedule 'B' of Corporate Services Department report CRPS-10-041, be granted; and further, That the request for permission to sell alcohol on City property for the events listed on Schedule 'C' of Corporate Services Department report CRPS-10-041, be granted and be declared "Community Festivals" for the purpose of applying for a liquor licence." CRPS-10-042 -REQUEST FOR THE SALE OF FOOD & SOUVENIRS AT ALL TOURNAMENTS ON CITY SPORTS FIELDS The Committee considered Corporate Services Department report CRPS-10-042, dated April 1, 2010 requesting approvals for operation of concessions at all tournaments on City sports fields. On motion by Councillor J. Gazzola - itwas resolved: "That approval be granted to sports organizations that are holding tournaments, during the months May through November, 2010 and have received Field Rental FINANCE AND CORPORATE SERVICES COMMITTEE CRPS-10-042 -REQUEST FOR THE SALE OF FOOD & SOUVENIRS AT ALL TOURNAMENTS ON CITY SPORTS FIELDS (CONT'D) Permits/Contracts from Community Services at the sports fields listed on Schedule 'A' attached to Corporate Services Department report CRPS-10-042; to run a concession which may include the sale of hamburgers, hot dogs, pop, water, packaged foods, etc. as well as souvenirs, provided the necessary licence, including Health and Fire approvals is obtained." 10. FIN-10-062- PAYMENT TO LAKESIDE PERFORMANCE GAS SERVICES LTD. The Committee considered Financial Services Department report FIN-10-062, dated March 26, 2010 requesting authorization to make payment for service provided by Lakeside Performance Gas Services Ltd. in 2009. On motion by Councillor J. Gazzola - itwas resolved: "That staff be authorized to pay Lakeside Performance Gas Services Ltd. a total of $47,828.90 for natural gas piping and meter set work completed in 2009." 11. CAO-10-014 -APPOINTMENT -COMPASS KITCHENER The Committee considered Chief Administrator's Office report CAO-10-014, dated March 25, 2010 concerning an appointment to Compass Kitchener. On motion by it was resolved: "That Azam Fouk Aladeh be appointed to Compass Kitchener Advisory Committee for a term to expire November 30, 2010." 12. FIN-10-039- PUBLIC MEETING -DEVELOPMENT CHARGES BY-LAW AMENDMENT (CEMETERIES) The Committee considered Financial Services Department report FIN-10-039, dated April 7, 2010 for the purpose of tabling a proposed amendment to By-law 2009-091 (Development Charges) to provide a charge for cemetery services relative to expansion of the Williamsburg Cemetery, in accordance with the 2010-2019 Capital Forecast adopted January 18, 2010. Notice was published in The Record on March 19, 2010 advising that a public meeting would be held this date to hear any interested parties wishing to speak to this matter. Mr. D. Chapman advised that since adoption of the 2009 Development Charges By-law, Council approved funding for expansion of the Williamsburg Cemetery in the 2010-2019 Capital Forecast, based on review of a business case. He noted that a portion of the proposed expansion can be attributed to growth and therefore, partial costs can be recovered through development charges. It was also noted that consultation with interested stakeholders was undertaken and their concerns addressed. Councillor J. Gazzola questioned why this matter was not included in the review leading to adoption of the 2009 by-law. Mr. D. Chapman advised that at that time there was no funding in the Capital Forecast and no specific direction of Council in regard to this project. Following adoption of the by-law a business case was presented and funding approved to be included in the Forecast. Councillor Gazzola questioned if proceeding with an amendment opens the entire by-law to further scrutiny. Mr. Chapman advised that the Development Charges Act provides a one year window in which to amend the current by-law for a specified reason and in the event of an appeal of an amendment, the Ontario Municipal Board is allowed to exercise its powers only as it relates to the amendment. Mr. Stefan Kreczenowicz, Hemson Consulting, presented details of the background study attached to report FIN-10-039, which includes the method of calculation to derive the charge to be applied to cemetery services and the estimated capital and operating cost impacts. It was FINANCE AND CORPORATE SERVICES COMMITTEE 12. FIN-10-039- PUBLIC MEETING -DEVELOPMENT CHARGES BY-LAW AMENDMENT (CEMETERIES) (CONT'D) noted that, based on a 10 year historic service level of $134.71 per capita, multiplied by the 10 year forecast growth in population in new units (48,056), the 10 year maximum allowable is $6.5M which can be considered for recovery through development charges. The growth related capital program for the Cemetery is $4.5M and is entirely related to increasing capacity of the existing cemetery, of which $3.6M is attributed as a "benefit to existing share"; ie. a significant portion of the expanded capacity will be required to accommodate deaths within the existing base population as opposed to population growth and is therefore, excluded from the development charge calculation. The total growth related share ($850,000.) is divided between the period 2010-2019 and 2019-2031, of which approximately $423,000. is applied to 2010-2019. A 10% reduction is imposed under the Development Charges Act resulting in a discounted growth related net capital cost of $381,000. to be applied to the development charge calculation. The end result is an unadjusted Development Charge of $7.93 per capita and after cash flow adjustment, $8.10 per capita. Mr. Kreczenowicz advised that in respect to the long term capital cost impact, the $3.6M excluded from the development charge calculation, together with the 10% discounted from the growth related net capital cost ($42,338.), will have to be funded from non-development charge sources. He added that operating cost increases resulting from the proposed expansion are expected to be recovered through increased cemetery fees. Mr. Kreczenowicz then spoke to the process for amending a Development Charges By-law which requires: preparation of a background study; giving of notice for, and holding of, a public meeting on the amendment; passage of the amending by-law within one year of the current Development Charges By-law; and the right of appeal to the Ontario Municipal Board on matters related only to the amendment. He advised that the background study was presented to the Homebuilders Liaison Committee at which time concerns were raised as to whether a cemetery expansion could be considered growth related. On further explanation, there was acknowledgement that the benefit attributed to growth was minimal and the resulting charge small. Mr. Kreczenowicz advised that a subsequent report and recommendation will come forward for the Committee's consideration on April 26, 2010, with the intent to have an amending by-law adopted by June 1, 2010. Councillor J. Gazzola requested clarification as to how the $381,000. was derived. Mr. Kreczenowicz advised that this was based on the estimated number of deaths over the next 20 year period and the 2009 forecasted population growth in new units for the same period. He pointed out that the vast majority is attributed from within the existing population base, and therefore, is not related to growth. It was noted that no member of the public had registered or was in attendance to speak to this matter. Councillor B. Vrbanovic inquired if interested stakeholders had been apprised of the meeting this date and Mr. Chapman concurred that they had been notified. In response to Mayor C. Zehr, Mr. Chapman clarified that the Committee's recommendation of April 26 will go forward to the May 3 Council meeting for ratification and adoption of a by-law to implement the charge effective June 1, 2010. 13. CAO-10-004 -UPDATE ON UPPER STOREY RENOVATION PROGRAM AND FACADE IMPROVEMENT GRANT PROGRAM The Committee considered Chief Administrator's Office report CAO-10-004, dated March 26, 2010 which provides an update on activities of the Upper Storey Renovation Program (USRP) and Fapade Improvement Grant Program (FIGP). Mr. Mark Garner, Executive Director, Kitchener Downtown Business Improvement Association (KDBIA), attended on behalf of the KDBIA Board to express their support of the staff recommendations contained in report CAO-10-004. Mr. C. Bluhm advised that the USRP concluded its 5 year program at the end of December 2009, offering financial assistance for Downtown upper storey rehabilitation projects. Eligible applicants received financial assistance of up to $100,000. per municipal address, with 50% in FINANCE AND CORPORATE SERVICES COMMITTEE 13. CAO-10-004 -UPDATE ON UPPER STOREY RENOVATION PROGRAM AND FACADE IMPROVEMENT GRANT PROGRAM (CONT'D) the form of a grant and 50% as a forgivable loan. Over the program duration, 7 applications were approved and 6 have been completed, resulting in the potential of 38 new Downtown residents to occupy 26 new units and 3 others still to be created under one outstanding application. The total value of repayable loans and grants is $489,250. (50% split); private sector investment is estimated at $1.46M; and the total construction value to date is $1.7M. Mr. Bluhm advised that an evaluation process will be undertaken in the Fall 2010 for all of the City's residential financial incentive programs with a recommendation to come forward in early 2011. As part of this process, staff will determine if the USRP should continue and if so, in what form, or if it should be discontinued in its entirety. Mr. Bluhm reviewed the first year activity of the Fapade Improvement Grant Program (FIGP), which provides financial assistance to building and business owners to make exterior fapade improvements. Up to $10,000. per fapade is provided, with the applicant to cover a minimum of 50% of the total costs. 12 applications were approved in 2009, with 4 completed, 5 commenced, 2 to begin in 2010 and 2 withdrawn. The value of grants issued to date is $65,600. and the total value of completed construction to date is $252,200. of an estimated $546,800. Mr. Bluhm advised that for this year, staff is authorized to issue up to $124,500. ($100,000. plus $24,500. carried over from 2009) in grant funding for this program and 9 applications have been received at a value of $114,500., leaving only $10,000. for the remainder of 2010. Staff have been contacted by 6 others who are interested in making fapade improvements in 2010 should grant monies be available. He noted that in addition, the KDBIA is partnering with the City to undertake a business attraction strategy to attract new retailers and restaurants to the Downtown, for which the grant program could be used as an incentive. Staff is, therefore, requesting reallocation of grant funding to increase the 2010 grant funding from $100,000. to $175,000., for a total of $199,500. (including the carry over from 2009). $50,000. of the total grant funding would be set aside to use specifically for retail attraction. Councillor J. Gazzola requested clarification of where the additional $75,000. is coming from. Mr. D. Chapman advised that the total grant funding for the 5 year program ($100,000. in each year) was set aside at the time the program was established. The proposed transfer will accelerate the availability of grant funding now but lessen the timing of payout from 4 years to 3 years. Councillor Gazzola questioned if the value of increased assessment is known. Mr. Bluhm advised that a definitive value is not known at this time as not all projects have been completed and/or been re-assessed. He advised that a complete analysis will be conducted as part of the program evaluation process in the fall with the information to be incorporated into the report that will come forward in early 2011. Councillor J. Smola requested Mr. Garner to provide further explanation of the business attraction strategy initiative. Mr. Garner advised that a full time retail recruiter has been retained under a 3 year contract and will assist in developing an overall retail attraction strategy. A report will come forward later in 2010 with details of the completed strategy for Council's consideration. On motion by Councillor J. Smola - itwas resolved: "That clause 4.1.1 of Council Policy I-535 (Combined Fapade /Interior Loan /Upper Storey Renovation Program) be amended to enable up to $175,000. in fapade grant funding for 2010, while reducing the amount for 2013 to $25,000., as outlined in Chief Administrator's Office report CAO-10-004; and further, That the remainder of report CAO-10-004 be received as information." The Committee then recessed at 2:00 p. m. to consider a matter on the special Council agenda of this date and then reconvened at 2:10 p. m., with all members present except Councillor K. Galloway. FINANCE AND CORPORATE SERVICES COMMITTEE 14. FIN-10-061 -INFRASTRUCTURE STIMULUS PROJECT UPDATE -APRIL 2010 The Committee considered Financial Services Department report FIN-10-061, dated April 7, 2010 which provides an update on the status of stimulus funding projects. Mr. D. Chapman advised that a summary of project status and progress toward completion of each project compared to the planned timeline is provided in Appendices "A" and "B" to the report. In particular, Mr. Chapman apprised the Committee of issues related to the Community Adjustment Fund King Street reconstruction; Bridgeport Community Centre; City Hall lighting; and Consolidated Maintenance Facility solar roof; as outlined in report FIN-10-061. Mr. Chapman noted previous approval of certain purchasing measures to expedite stimulus projects, of which authority was given to the Chief Administrator (CAO) to award tenders on stimulus projects within the projected expenses. Mr. Chapman asked that this authority be extended to allow the CAO to approve pre-qualification of vendors in instances where timing of Council's scheduled meetings will create undue delay. Any approvals under this authority would be reported to Council in the next project update report. Mr. Chapman also requested that consultant purchase orders be extended to include administrative costs incurred by the City for planning and building approvals, deemed as ineligible "in-house" costs, so that the consultant may bill the cost as a project disbursement. On motion by Councillor G. Lorentz - itwas resolved: "That the Chief Administrative Officer be authorized to approve the commencement of the prequalification process and approval of awards to the prequalified vendors for Infrastructure Stimulus Fund and Recreation Infrastructure Canada Fund projects in instances where scheduling the matter for the next Council meeting would result in undue project delay, and that a report regarding these awards be brought to Council at a future meeting; and further, That the Director, Supply Services be authorized to extend current consultant purchase orders for Infrastructure Stimulus Fund and Recreation Infrastructure Canada Fund projects to incorporate the costs of applications for various City building/planning approvals, which would normally be incurred directly by the City, including related construction management fees or the other administrative fees." 15. CSD-10-024 -CAPITAL FUNDING FOR COMMUNITY SERVICES PROJECTS The Committee considered Community Services Department report CSD-10-024, dated March 30, 2010 recommending funding options for three major projects, including: 1/3 funding for the Recreational Infrastructure Canada Program Aquatic Facilities upgrade; unfunded portion of additional Parks and Trails; and MacLennan Park splash pad water recirculation system. Councillor J. Gazzola commented that while he would support the staff recommendation, he was disappointed that it is proposed to spend monies on new projects rather than those already in the 10 Year Capital Forecast in years beyond the first 2 year horizon. On motion by Mayor C. Zehr - itwas resolved: "That the funding sources, identified in Table #2 of Community Services Department report CSD-10-024, be approved as the sources of: the City of Kitchener's 1/3 of funding for the Recreational Infrastructure Canada Program Aquatic Facilities Upgrade projects - $990,000.; the unfunded portion of the additional Parks and Trails approved on Budget Day, January 18, 2010 - $291,000.; and, McLennan Park Splash Pad Water Recirculation System - $125,000." 16. CRPS-10-033 -COUNCIL POLICY I-227 (ENFORCEMENT - BY-LAWS) The Committee considered Corporate Services Department report CRPS-10-033, dated April 6, 2010 proposed amendments to Council Policy I-227 (Enforcement - By-laws). This matter FINANCE AND CORPORATE SERVICES COMMITTEE APRIL 12. 2010 - 67 - CITY OF KI' 16. CRPS-10-033 -COUNCIL POLICY I-227 (ENFORCEMENT - BY-LAWSI (CONT'D was first tabled at the March 8, 2010 Committee meeting at which time staff were directed to prepare a draft revised policy for the Committee's consideration; a copy of which is attached to report CRPS-10-033. Mr. S. Turner reviewed the proposed amendments intended to provide guidance to Enforcement staff on how to undertake a variety of their duties and to ensure the policy reflects current operational processes. Section 2 of the policy is amended to add "graffiti" as a priority issue. Section 4 is amended to clarify staff's response to first time zoning offences and minor variance applications, and the word "shall" in Section 5 is changed to "may" to clarify the process of optional notification for repeat offenders relative to staff's discretion to proceed to enforcement and/or prosecution where deemed warranted. New guidelines have been included to address issues related to neighbourhood disputes and multiple complaints from a single source, to ensure the most appropriate use of staff resources and to balance safety with the needs of individuals to that of the community at large. Mr. Turner noted that staff had also been asked to provide information concerning a 2009 multiple complaint from a single source, advising that a total of 59 properties were inspected as a result of the complaint; and of those, 15 were further investigated for violations of Chapter 630 (Property Maintenance -Fence) of the Municipal Code. He noted that of the 15 properties, 4 have applied for and received fence variance approvals under the Committee of Adjustment process. Councillor G. Lorentz inquired as to the amount of staff time expended to complete all inspections. Mr. Turner advised that he would estimate a minimum of 60 hours of staff time to do the physical inspections and in addition, staff time was also spent on researching past property files and opening new files for those being investigated for violations. Councillor J. Gazzola requested clarification as to the need to have both policy and enforcement by-laws. Mr. Turner stated that each is intended to support the other, with the guidelines to aid staff in using common sense /judgement of enforcement matters. He suggested that it is important to have guidelines adopted by Council as an indication of support of the Corporation and as documented, provides a reference for staff where issues may arise. Councillor J. Smola referred to Section 2 of the policy dealing with top enforcement priorities where health and safety is an issue, requesting clarification as to the extent of communication between the City and a potential violator. Mr. Turner advised that standarized reporting mechanisms are in place and are dependent on the type of violation; ie. a property standards violation is issued by an Order, whereas, other matters such as anon-compliant portable sign is addressed by letter. Staff is also able to issue notifications in the field. He added that pro- active enforcement is undertaken in regard to health and safety violations concerning lodging houses and portable signs. On motion by Councillor G. Lorentz, the staff recommendation to approve the draft revised policy was brought forward for consideration, and at his request, amended to add a new paragraph to provide that the 4 property owners who had applied to the Committee of Adjustment receive a refund of their application fee and staff be directed to take no further action, except where sight lines are a safety concern, in regard to the 11 remaining properties that were the subject of the 2009 multiple complaint from a single source. Councillor Lorentz commented that flexibility is needed in the policy to ensure a common sense approach to occurrences of multiple complaints by a single source. He noted that in regard to the 2009 incident, some of the fences in question have existed for over 30 years without neighbouring complaints. He expressed the opinion that it did not make sense given the amount of staff time expended, to allow filing of multiple complaints by a single source wherein the real issue is not the complaint itself but rather is dispute related. On motion by Councillor G. Lorentz - itwas resolved: FINANCE AND CORPORATE SERVICES COMMITTEE 16. CRPS-10-033 -COUNCIL POLICY I-227 (ENFORCEMENT - BY-LAWS) (CONT'D) "That Council Policy I-227 (Enforcement - By-laws) be repealed and replaced with the revised policy, as attached to Corporate Services Department report CRPS-10-033; and further, That the property owners of 3 Trailwood Crescent, 271 Newbury Drive, 4 Burnaby Crescent and 1 Covington Crescent be refunded their respective Committee of Adjustment fence variance application fee; and that staff take no further action regarding the remaining 11 properties, as referenced in Corporate Services Department report CRPS-10-033, except where sight line visibility is a safety concern." 17. CRPS-10-036 -PROPOSED MODIFICATIONS TO COUNCIL POLICY I-1205 (OUTDOOR PATIOS -ENCROACHMENT AGREEMENT) - REQUESTS FOR PERMISSION TO OPERATE DOWNTOWN SIDEWALK PATIOS FOR 2010 SEASON The Committee considered Corporate Services Department report CRPS-10-036, dated March 31, 2010 concerning proposed amendments to Council Policy I-1205 (Outdoor Patios - Encroachment Agreement) and authorization to execute encroachment agreements for various businesses to operate outdoor patios in the Downtown during the 2010 season. Ms. J. Sheryer advised that it is proposed to amend Sections 2 and 3 of Council Policy I-1205, to provide authority to appropriate staff to approve changes to approved patio plans and to provide some flexibility to patio operators in respect to placement of patio furniture, subject to the satisfaction of the Manager of Downtown and Community Development. The changes are requested in light of the need to revise all patio plans due to the King Street reconstruction project and will facilitate the earliest possible opening of Downtown patios. Ms. Sheryer also asked that planters to be provided by the Kitchener Downtown Business Improvement Association (KDBIA) be approved for use in lieu of fencing, notwithstanding finalization of the type/design to be used and subject to meeting the City's criteria. Councillor B. Vrbanovic inquired if any thought had been given to offering a fee for service for the City to water the patio planters. Mr. Mark Garner, Executive Director, KDBIA, advised that the Association has successfully run a co-op program on Duke /Queen Streets wherein the business owner assists in maintaining the plantings and the Association anticipates running a similar program on King Street. On motion by Councillor C. Weylie - itwas resolved: "That Council Policy I-1205 (Outdoor Patios -Encroachment Agreement) be amended by deleting sections 2 and 3 in their entirety and replacing them with the following new sections: That all applicants wishing to operate an outdoor patio on City property must submit, for approval by the City's Finance and Corporate Services Committee or Council, a complete patio sketch plan and details of any proposed alternatives to fencing and that any subsequent changes to approved patio plans be subject to approval by the appropriate staff as determined by the City Solicitor. That conditions be included in said agreement that: (a) the patio encroachment agreement set out that patio furniture, signage, landscaping, including flower beds and planters within the patio, be to the satisfaction of the City's Manager of Downtown and Community Development. Placement of such items may be determined by patio operators from time to time provided any concerns of the Manager of Downtown and Community Development respecting placement be addressed to their satisfaction, necessary clearance is maintained around any siamese connections to the satisfaction of the City's Fire Department, occupancy load is not exceeded and at least 10% of seats remain accessible; and, FINANCE AND CORPORATE SERVICES COMMITTEE 17. CRPS-10-036 -PROPOSED MODIFICATIONS TO COUNCIL POLICY I-1205 (OUTDOOR PATIOS -ENCROACHMENT AGREEMENT) - REQUESTS FOR PERMISSION TO OPERATE DOWNTOWN SIDEWALK PATIOS FOR 2010 SEASON (CONT'D) (b) if patron behaviour is a problem, the licensee is responsible for hiring the necessary security personnel." - and - "That the Mayor and Clerk be authorized to execute Encroachment Agreements satisfactory to the City Solicitor, with the owner(s) or operator(s) of Matter of Taste located at 119 King Street West, Taste of Philly Cheese Steak located at 98 King Street West, The Museum Cafe located at 10 King Street West, Cafe Maestro located at 24 King Street East, Coffee Culture located at 1 King Street West, and New York Pita located at 82 King Street West for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2010 or such later date as approved by the Director of Operations; and further, That subject to compliance with the provisions of Council Policy I-1205 (Outdoor Patios - Encroachment Agreement), planters and plants be approved as alternatives to fencing on downtown patios." 18. ADJOURNMENT On motion, the meeting adjourned at 2:50 p. m. J. Billett Committee Administrator