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HomeMy WebLinkAboutFin & Corp Svcs - 2010-11-08 FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 8, 2010 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 4:15 p.m. Present: Councillor B. Vrbanovic - Chair Councillors J. Smola, G. Lorentz, J. Gazzola, K. Galloway and C. Weylie. Staff: C. Ladd, Chief Administrative Officer D. Chapman, General Manager, Financial Services & City Treasurer J. Willmer, Interim General Manager, Development & Technical Services P. Houston, General Manager, Community Services R. Regier, Executive Director, Economic Development R. Gosse, Director, Legislated Services & City Clerk S. Adams, Director, Community & Corporate Planning S. Turner, Director, By-law Enforcement C. Fletcher, Director, Facilities Management S. Saleh, Supervisor of Collections and Payment Processing P. Harris, Manager of Licensing J. Billett, Committee Administrator CRPS-10-163 - EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE 1. - BETHANY EVANGELICAL MISSIONARY CHURCH - ANNUAL CHRISTMAS PAGEANT - DECEMBER 2 TO 5, 2010 The Committee considered Corporate Services Department report CRPS-10-163, dated October 21, 2010 concerning a noise exemption request. On motion by Councillor J. Gazzola - it was resolved: “That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Bethany Evangelical Missionary Church for their annual Christmas Pageant from December 2 to December 5, 2010, between the hours of 6:00 p.m. and 9:00 p.m., daily.” FIN-10-166 - REVISED 2010 PUBLIC SECTOR ACCOUNTING BOARD (PSAB) BUDGET 2. The Committee considered Financial Services Department report FIN-10-166, dated October 22, 2010 requesting approval of a revised 2010 PSAB budget summarizing unfunded expenses excluded from the City’s 2010 budget, which include amortization expenses on tangible capital assets and employee future benefits. On motion by Councillor J. Gazzola - it was resolved: “That the revised 2010 PSAB Budget, prepared in accordance with Regulation 284/09 of the Municipal Act, be approved, as appended to Financial Services Department report FIN-10-166.” CRPS-10-169 - REQUEST FOR VARIOUS 2010 EVENTS 3. - CITY HALL CIVIC SQUARE AND/OR ROTUNDA The Committee considered Corporate Services Department report CRPS-10-169, dated October 29, 2010 requesting blanket approval for any events on Civic Square or in the Rotunda requiring a licence for the sale of food and/or merchandise for the period of November 16, 2010 to January 31, 2011. On motion by Councillor J. Gazzola - it was resolved: “That the request for the sale of food and/or merchandise on Civic Square or in the Rotunda during various events being conducted from November 16, 2010 to January 31, 2011, be approved, provided the necessary licences are obtained, including Health and Fire approval.” FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 8, 2010 - 139 - CITY OF KITCHENER CRPS-10-156 - 2011 BUSINESS LICENSING FEES 4. The Committee considered Corporate Services Department report CRPS-10-156, dated September 17, 2010 concerning proposed business licensing fees for 2011. Councillor J. Gazzola questioned why the fees were not being referred to the Council-Elect. Mr. R. Gosse noted that while there is one more cycle of meetings in December, business licenses expire on December 31, 2010. With substantial work required to prepare for the renewal process there would be insufficient time to meet the year-end deadline if the matter did not come forward until the December meetings. He added that if business licenses are allowed to expire and fees approved retroactively the City would not be able to enforce it’s licensing by-laws from January 1, 2011 until the fees are in place and the renewal process is complete. It was noted in the agenda that any recommendation from this Committee will be considered at the special Council meeting to be held later this date. On motion by Councillor J. Gazzola - it was resolved: “That the proposed business licensing fees contained in Corporate Services Department report CRPS-10-156 be approved; and further, That City of Kitchener Municipal Code Chapter 501 (Business Licence Fees) be amended to reflect the approved 2011 business licence fees effective January 1, 2011. CRPS-10-162 - LICENSING FEES FOR DOGS AND CONTRACT WITH THE KITCHENER- 5. WATERLOO & NORTH WATERLOO HUMANE SOCIETY The Committee considered Corporate Services Department report CRPS-10-162, dated November 1, 2010 concerning licensing fees for dogs. Councillor G. Lorentz questioned when the contract with the Kitchener-Waterloo & North Waterloo Humane Society is to expire. Mr. S. Turner advised the contract expires on December 31, 2010 and a report concerning contract renewal will come forward in December 2010 or January 2011. He added that it is anticipated that a 1 year extension of the existing contract will be requested and a new contract negotiated during 2011. On motion by Councillor J. Gazzola - it was resolved: “That the schedule of fees relating to dog licensing, as attached to Corporate Services Department report CRPS-10-162, be approved effective January 1, 2011; and further, That Schedules ‘A’ and ‘B’ to Chapter 530 (Dogs) of the City of Kitchener Municipal Code, be amended to reflect the fees for licensing of dogs, as outlined in Corporate Services Department report CRPS-10-162.” FIN-10-178 - ONTARIO MUNICIPAL BOARD RULING ON GROSS VS. NET 6. POPULATION DEVELOPMENT CHARGE METHODOLOGY IN THE TOWN OF ORANGEVILLE The Committee considered Financial Services Department report FIN-10-178, dated November 1, 2010 concerning a request from the Town of Orangeville for a financial contribution toward the cost of an appeal to an Ontario Municipal Board ruling on gross versus net population development charge methodology. Councillor K. Galloway inquired if any other municipalities from whom contributions have been requested have confirmed their participation. Mr. D. Chapman advised that he was not aware of any other City who has as yet confirmed participation. Councillor Galloway requested clarification of the impact to the City’s existing Development Charge By-law. Mr. Chapman confirmed that the City’s existing by-law cannot be appealed for the balance of it’s 5 year term. Councillor Galloway questioned why the City would contribute to the Town of Orangeville’s FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 8, 2010 - 140 - CITY OF KITCHENER FIN-10-178 - ONTARIO MUNICIPAL BOARD RULING ON GROSS VS. NET 6. POPULATION DEVELOPMENT CHARGE METHODOLOGY IN THE TOWN OF ORANGEVILLE (CONT’D) appeal if there is no immediate impact in Kitchener. Mr. Chapman advised that if the OMB’s ruling is upheld there is potential for significant negative financial impact to Kitchener in 4 years time when the existing DC by-law is revisited and suggested that it is in the City’s best interest to participate in the Town’s appeal. Councillor J. Gazzola questioned the impact if the ruling is reversed. Mr. Chapman advised that the funding envelope for soft services would be capped (eg. Libraries) and the amount of development charges paid by the developer reduced; limiting the City’s ability to fund these services through development charges and the difference in projects moving forward would have to be borne by the taxpayer. Councillor Gazzola questioned if the contribution amounts are fair, commenting that he would have expected a formula based on population. Mr. Chapman advised that given the municipalities involved, the contribution amounts as proposed are deemed reasonable. Councillor Gazzola suggested that if the ruling is upheld eventually all Cities in the Province would be affected and questioned why the matter was not pursued through the Association of Municipalities of Ontario. Mr. Chapman advised that not all municipalities have adopted the methodology under appeal and therefore, it cannot be said that all across the Province are in agreement with the methodology. On motion by Councillor J. Gazzola - it was resolved: “That a financial contribution be made by the City of Kitchener to the Town of Orangeville in the amount of $10,000 to share in the cost of the appeal of the recent Ontario Municipal Board ruling on gross vs. net population development charge methodology.” FIN-10-179 - INTELLECTUAL PROPERTY AGREEMENTS REQUIRED PURSUANT 7. TO THE GREEN MUNICIPAL FUND’S GRANT AND LOAN AGREEMENT TERMS The Committee considered Financial Services Department report FIN-10-179, dated November 3, 2010 concerning execution of agreements with Morrison Hershfield Limited and various individuals, including some City staff, assigning to the City intellectual property rights in the Project Completion and Environmental Results reports required by the Federation of Canadian Municipalities respecting the Consolidated Maintenance Facility project. On motion by Councillor J. Gazzola - it was resolved: “That the General Manager of Financial Services be authorized to execute agreements, satisfactory to the City Solicitor, with Morrison Hershfield Limited and various individuals, including some City staff, assigning to the City intellectual property rights in the Project Completion and Environmental Results reports, required by the Federation of Canadian Municipalities, respecting the Consolidated Maintenance Facility Project.” CRPS-10-137 - AMENDMENT TO CHAPTER 270 (PARKS) OF THE MUNICIPAL CODE 8. The Committee considered Corporate Services Department report CRPS-10-137, dated October 21, 2010 concerning proposed amendments to Chapter 270 (Parks) of the Municipal Code to regulate a protected area within the Huron Natural Area. Mr. Turner advised that a significant archaeological site has been identified in the Huron Natural Area adjacent to a section of Woodbine Avenue. A footpath and elevated boardwalk run through the area and accordingly, an amendment to the Parks By-law is required to protect the archaeological site. The amendment would prohibit anyone from being on any land within the subject area except on the existing footpath / boardwalk. Councillor J. Gazzola inquired if there is any existing encroachments resulting from homes built on Woodbine Avenue onto the subject area. Mr. Turner advised that there are none that FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 8, 2010 - 141 - CITY OF KITCHENER CRPS-10-137 - AMENDMENT TO CHAPTER 270 (PARKS) OF THE MUNICIPAL CODE 8. (CONT’D) - have been identified and as the footpath runs along the rear property lines an encroachment would be easily identified and would not be supported by staff. Councillor K. Galloway questioned what will be done to educate home owners backing onto the subject area. Mr. Turner advised that By-law Enforcement staff is working with staff of Community Services on a communication plan that would be relevant to all property owners in the subject area rather than just those backing onto the area from Woodbine Avenue. Councillor Galloway expressed the importance of focusing efforts on communicating the change to affected area residents and all who use the park to limit instances of committing an offence unknowingly. On motion by Councillor K. Galloway - it was resolved: “That a by-law be enacted to amend Chapter 270 (Parks) of the City of Kitchener Municipal Code with respect to regulating a protected area within the Huron Natural Area.” CRPS-10-164 - PRIVATE PROPERTY PARKING BY-LAW 9. The Committee considered Corporate Services Department report CRPS-10-164, dated October 26, 2010 requesting By-law No. 88-170 (Private Property Parking) and all corresponding amending by-laws be repealed and a new by-law enacted to regulate the parking of vehicles on private property. Mr. S. Turner advised that staff is undertaking a housekeeping exercise to update older by- laws. He stated that no significant change is proposed for the private property parking by-law; however, staff have taken opportunity at this time to propose to include an additional enforcement option related to front yard parking on private residential properties. The addition would prohibit persons from parking in an area known as an “unauthorized area”, being designated as the front and/or side yards of a residential property. The enforcement tool places focus on the vehicle with a parking ticket to be issued rather than on the individual responsible for parking the vehicle in an unauthorized area, as required under regulation of the Zoning By-law. The added enforcement process requires consent of the property owner and is anticipated to be used primarily in respect to rental properties. If approved, staff intend to apply to the Province for set fines of $25 for typical parking violations on private property and $80 for illegal parking on a front or side yard. Councillor J. Gazzola requested clarification of the need to obtain the property owner’s consent to ticket a vehicle. Mr. Turner advised that if on an owner occupied property it is usually apparent as to the individual responsible; whereas, it is not so apparent on a rental property who has parked a vehicle without consent of the owner. Councillor Gazzola questioned what would be done if consent of the owner is not obtained. Mr. Turner advised that staff would then proceed under the Zoning By-law regulations, noting that the proposed enforcement option is an additional tool for staff to use if circumstances warrant. Councillor K. Galloway requested clarification of current enforcement for front lawn parking. Mr. Turner advised that notice of the illegal parking is given with a property owner given a period of time to comply and in the case of the proposed option, a warning would be given firstly before issuing a ticket. Councillor Galloway expressed concerns related to new subdivisions that are experiencing parking issues because of smaller lot sizing, suggesting that other options beyond parking rules and fines should be investigated to address lack of on-site parking. Mr. Turner advised that this would require discussions with Planning staff to determine what alternatives may be viable. He added that front yard parking violations are addressed on a complaint basis and reiterated that a warning would be given to first time offenders. Councillor G. Lorentz questioned if consideration has been given to applying a parking permit system in newer subdivisions similar to that used in the St. Mary’s Hospital area. Mr. Turner stated that it may be a viable option but again would require discussions with Planning staff. FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 8, 2010 - 142 - CITY OF KITCHENER CRPS-10-164 - PRIVATE PROPERTY PARKING BY-LAW (CONT’D) 9. On motion by Councillor G. Lorentz - it was resolved: “That a by-law be enacted to regulate the parking of vehicles on private property without the owner’s consent and to repeal By-law 88-170 and its corresponding amending by- laws.” CRPS-10-167 - AMENDMENTS TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE 10. The Committee considered Corporate Services Department report CRPS-10-167, dated October 27, 2010 requesting an amendment to Chapter 450 (Noise) of the Municipal Code to hold occupants of dwelling units accountable for noise coming from their residences; to address issues related to snow removal; and to increase the maximum fine from $5,000 to $10,000. Mr. S. Turner advised that the proposed amendments are also the result of undertaking a housekeeping exercise to update older by-laws. The first amendment provides that a tenant or owner of an occupied dwelling is to be held accountable for noise coming from the dwelling unit regardless of who is actually creating the disturbance as they are generally in a position of having control over who enters their dwelling. The second provides parameters for noise related to snow clearing on private property to ensure removal maintains the safety of a property but which does not unreasonably disturb others. The final amendment increases the maximum fine amount to $10,000 as permitted under the Municipal Act, 2001. Councillor G. Lorentz referred to recent issues related to the Open Air Burning By-law and Mr. Turner advised that staff is currently reviewing the by-law with a report to come forward in the new year. On motion by Councillor G. Lorentz - it was resolved: “That a by-law be enacted to amend Chapter 450 (Noise) of the City of Kitchener Municipal Code to hold occupants of dwelling units accountable for noise emanating from their residences, to address issues related to snow clearing for safety reasons and to increase the maximum fine pursuant to the By-law from $5,000 to $10,000.” CAO-10-037 - PROPERTY TAX DEFERRAL AGREEMENT 11. - 300 - 400 KING STREET WEST The Committee considered Chief Administrator’s Office report CAO-10-037, dated November 4, 2010 concerning a request to extend a property tax payment deferral agreement with the owners of 300-400 King Street West. Ms. C. Ladd advised that in 2005 Council approved the original agreement to defer outstanding taxes, including accrued penalties and interest, on the subject property pending re-development by the property owner. The agreement was based on certain conditions, one of which stipulates that permanent redevelopment of the site must include a component for public use. The agreement was for a 5 year term, expiring November 2010 and as redevelopment has not proceeded, the property owner is requesting extension of the agreement for an additional 5 year term. Conditions applying to the extension include: payment of all outstanding taxes in full by November 2011 together with any interest and penalties accruing; and interest / penalties accruing on the principle to the date of the amended agreement will be capped and applied as a grant toward the development of a public component as specified in the original agreement. If the value of the public component is less than the penalties / interest accrued the property owner will pay the difference to the City. Ms. Ladd advised that all outstanding taxes have already been paid in full and staff is recommending that the requested extension be approved. Councillor J. Gazzola questioned the amount of accumulated penalties / interest. Ms. Ladd advised that as of October 2010 the amount is approximately $571,000. Councillor Gazzola FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 8, 2010 - 143 - CITY OF KITCHENER CAO-10-037 - PROPERTY TAX DEFERRAL AGREEMENT 11. - 300 - 400 KING STREET WEST (CONT’D) questioned how the value of the public component would be measured against the accumulated amount. Ms. Ladd reiterated the condition of approval for the extended agreement which provides that the owner will pay to the City the difference if the value of the public component is not equivalent to the accumulated amount. She added that it is important to remember that under the agreement the City is being permitted to utilize a portion of the subject property for 30 parking spaces, which is significant given substantive development currently taking place in that sector of the downtown. Councillor Gazzola requested clarification of the costs being funded from the Economic Development Investment Fund (EDIF). Mr. D. Chapman advised that the costs related to the outstanding taxes, penalties and interest, is not being charged to ratepayers but rather is being funded through a grant from EDIF. On motion by Councillor J. Smola - it was resolved: “That the Mayor and Clerk be authorized to execute the amended property tax payment deferral agreement with the owners of 300 - 400 King Street West (save and except for 320-328 King Street West) and that the grant portion of the agreement be funded from the Economic Development Investment Fund.” CSD-10-073 - CONSOLIDATED MAINTENANCE FACILITY PROJECT UPDATE 12. The Committee considered Community Services Department report CSD-10-073, dated November 2, 2010 providing an update on the status of the Consolidated Maintenance Facility (CMF) project from August to November 1, 2010. Ms. P. Houston noted that the construction schedule is currently slightly behind; however, the project team is confident that the overall project schedule can be achieved through various construction activities taking place simultaneously on site. She advised that additional funds to the project have been received from the Federal / Provincial Green Municipal Fund in the amount of $386,000 and the sale of surplus lands (Elmsdale) has increased land sale proceeds. It was noted in respect to expenditures, the City as of July 1, 2010 is required to pay Harmonized Sales Tax of 2% of the overall project and contingency funds have been allocated to the relocation costs. Ms. Houston advised that the budget projections indicate the project will achieve a balanced budget overall. Going forward, the focus will be on the relocation plans and in conjunction with relocation, development of a business continuity plan. Councillor J. Gazzola asked if the solar roof is included in the budget summary. Ms. Houston advised that it is a separate project which is not included in the budget summary for this report. Councillor Gazzola requested clarification of the relocation costs. Ms. Houston advised that this includes moving costs associated with equipment, supplies, furniture and workstations. Councillor Gazzola commented on the increase in relocation estimates, inquiring if all new furniture is to be purchased. Ms. Houston advised that existing inventory is being reviewed to determine what can be re-used and due to the open concept of the staffing area, some new furniture will be required. She added that relocation planning was kept to the latter part of the project to see what available funds would be left and is the reason funding for relocation costs is primarily coming from contingencies. Councillor Gazzola requested further clarification regarding land sales. Ms. Houston advised that the surplus lands to be disposed of include the Elmsdale site which has been sold; the Chandler site for which negotiations are underway with the Region of Waterloo for a land exchange; and a portion of the Battler site which is being readied for sale. Ms. Houston added that the budget summary assumes an estimated land sale amount for the latter two sites. On motion by Councillor K. Galloway - it was resolved: “That Community Services Department report CSD-10-073 (Consolidated Maintenance Facility Project Update - November 2010), dated November 2, 2010, be received.” FINANCE AND CORPORATE SERVICES COMMITTEE NOVEMBER 8, 2010 - 144 - CITY OF KITCHENER ADJOURNMENT 13. On motion, the meeting adjourned at 5:10 p.m. J. Billett Committee Administrator