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HomeMy WebLinkAbout2013-05-06 FINANCE AND CORPORATE SERVICES COMMITTEE MAY 6, 2013 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 11:04 a.m. Present: Councillor S. Davey - Chair Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, Z. Janecki, Y. Fernandes, K. Galloway-Sealock, F. Etherington and B. Vrbanovic Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance & Corporate Services P. Houston, Deputy CAO, Infrastructure Services M. May, Deputy CAO, Community Services R. Regier, Executive Director, Economic Development L. Johnston, Director, Corporate Communications & Customer Services C. Fletcher, Director, Facilities Management D. Murray, Interim Director, Information Technology J. Sheryer, Assistant City Solicitor P. Harris, Manager, Licensing C. Bluhm, Manager, Downtown Community Development K. Feere, Acting Manager, Kitchener Market C. Goodeve, Supervisor, Legislated Services J. Billett, Committee Administrator 1. The Committee considered Finance and Corporate Services Department report FCS-13-076, dated April 24, 2013, regarding a request for an exemption from Chapter 745 (Guns) to permit paint ball guns and air soft guns to be discharged. On motion by Councillor K. Galloway-Sealock - it was resolved: That 8440590 Canada Inc. operating as The Paintball Arena, 69 Agnes Street be granted an exemption from Chapter 745 (Guns) to permit paint ball guns and air soft guns to be discharged. CAO-13-009 - DOWNTOWN KITCHENER ACTION PLAN 2. - ANNUAL REPORT 2012 -13-009, dated April 23, 2013, regarding Mr. C. 2013 Canadian Society of Landscape Architects Award of Excellence to be presented in June 2013. Mr. Bluhm then spoke to the Downtown Kitchener Action Plan which is a 5 year plan with focus successes including: the One Victoria and Victoria Commons housing developments; significant start-ups especially in digital media; increase in downtown festivals, as well as smaller events throughout King Street, such as the Art Market; significant investment in the business community and retail sector having 19 new restaurants including the new Duke Food Block, as well as new concept type stores; and façade improvements, with most notably the Simpson Block. Mr. Bluhm stated that the activities of the past year have been the most significant since his tenure with the City and of note for Council, in speaking with the business community the primary nsit (LRT) project. improvements; completion of the Charles / Benton Parking Garage and commencement of Phase 1 of the Civic District Parking Garage; new look for Otto FINANCE AND CORPORATE SERVICESCOMMITTEE MAY 6, 2013 - 58 - CITY OF KITCHENER CAO-13-009 - DOWNTOWN KITCHENER ACTION PLAN 2. - ANNUAL REPORT 2012 programs geared toward animating the downtown through live performances and festivals. In addition, surveys were conducted which are to be completed each year to evaluate the reviewed the data resulting from the surveys. He then conveyed plans for 2013 which include: the City Centre housing development, additional new restaurant openings; occupancy of the Breithaupt Block and new Regional Courthouse; beautification efforts in the Market District and King Street East; and Kitchener Studio project. Councillor B. Ioannidis requested an update on plans to build upon food trucks at special events in the downtown. Mr. Bluhm advised that the City is still in a learning curve with this venture, details of how it works. He suggested that staff will be able to come back with a plan and the status of video terminals. Mr. Bluhm advised that staff have encountered a technical challenge in be activity activated within approximately one month. Councillor Ioannidis requested stats relative t into one the survey indexes, noting that before the King Street improvements foot traffic was estimated around 2,000 which increased following improvements to approximately 9,000. He noted that numbers were slightly down in 2012 primarily thought due to a hotter summer than average and numbers are anticipated to rise again this year. Councillor Ioannidis questioned what can be attributed to an apparent change in perception of the downtown. Mr. Bluhm stated that one of the key reasons are the improvements made to the visual appearance of King Street and achievements realized through EDIF investments. Councillor Ioannidis questioned if staff is working with the Blues Festival organizers to build a relationship with the blues community out of Chicago, Illinois. Mr. R. Regier advised that staff and organizers of the Blues Festival are aware of the market opportunity in Chicago and are also seeing tourism impact from other parts of the USA. In response to Councillor B. Vrbanovic, Mr. Bluhm advised that the presentation and handout received by Council will be made available online. Councillor Vrbanovic also referred to a booklet previously published and distributed by the Downtown BIA, questioning if any thought had been given to reinstituting same and circulating to suburban areas to further promote the downtown. Mr. Bluhm advised that marketing focus has primarily been on those living in, or in close proximity to, the downtown; however, a listing of all summer activities planned for the downtown will be pub- wide to approximately 60,000 residences. Councillor Vrbanovic questioned what is contemplated in regard to creating night life entertainment for the mid-20 to 30 age group. Mr. Bluhm stated that a large number in this age group are tech workers at the Tannery who are looking for an executive style night life experience. He noted that the City and the Downtown BIA are partnering to develop a business community attraction strategy. Councillor D. Glenn-Graham suggested that a one page summary of the annual report be prepared that could be shared with suburban areas and asked what the plans involve to improve the downtown east-end. Mr. Bluhm advised that shortly, staff will be engaging suburban residents by inviting survey respondents to participate in a focus group to hear there views on the downtown and a report will follow in the fall of 2013. He added that modest beautification improvements are planned for the east-end, including replanting of beds and use of draping foliage to enhance the appearance of the containers. Councillor Glenn-Graham questioned the current subsidy received by the Market. Ms. K. Feere advised that the Market has made strides due to implementation of the Marketplace which has garnered increased revenues from rentals and cooking classes. In addition, staff have maximized space for lower floor vendors and increased crafters exhibits. She advised that these initiatives have served to lower the subsidy received and Market staff are continuing to move in that direction. Ms. Feere advised that more details on enhancements to the Marketplace will come forward in a report at a future date. Councillor Y. Fernandes expressed the view that the Art Market should be expanded beyond a one block radius, noting the many cafes available along King Street that may entice visitors to stop. She questioned if there is a way to market places that are open at night that would be attractive to a mature audience to stop for an after-event beverage. Mr. Bluhm acknowledged FINANCE AND CORPORATE SERVICESCOMMITTEE MAY 6, 2013 - 59 - CITY OF KITCHENER CAO-13-009 - DOWNTOWN KITCHENER ACTION PLAN 2. - ANNUAL REPORT 2012 the need for marketing strategies to target certain age groups and anticipated the age group referred to will see more venues attractive to them in future. Councillor Fernandes questioned if an attempt is being made to capture the type of venue provided by Silver Spoons, which is to close, in some other venue. Mr. Bluhm advised that Silver Spoons is still looking for an option within the downtown to move to that would offer a similar program. He stated that challenge is presented by the substantial size of most store fronts on King Street as most are looking for a smaller facility. Councillor Fernandes questioned if thought has been given to introducing fresh food vendors to the piazza in front of the Market. Mr. Bluhm advised that this is an objective of the 5 year plan and requires the right location to attract the right audience. Councillor J. Gazzola asked that staff provide an update on the status of addressing on-street garbage pick-up on King Street. On motion by Councillor K. Galloway-Sealock - it was resolved: look back thru 2012 Office report CAO-13-009. FCS-13-069 - DOWNTOWN BIA BOUNDARY EXPANSION 3. The Committee considered Finance and Corporate Services Department report FCS-13-069, dated April 19, 2013, regarding a proposal to alter the boundaries of the Downtown Kitchener Business Improvement Area (BIA). Ms. Shannon Weber, Executive Director, Downtown Kitchener Business Improvement Area oundaries is very different today than the existing Downtown BIA boundary. She advised that the BIA is proposing to Downtown Action Plan and provide greater equity among downtown businesses. Ms. Weber stated that the BIA has spoken with new businesses to be captured in the expanded boundaries, with many expressing an interest in becoming a member and active conversations will be held with those who say they do not want to be included to ensure that if approved, they understand the benefits of membership. She stated that new members will have strong input into the direction of downtown growth and marketing opportunities, as well as partnering as a key facilitator for special events. Ms. Weber asked that Council support the recommendation to proceed with the giving of notice of the proposed by-law to alter the boundaries. Councillor J. Gazzola questioned if any boundary changes have occurred since establishment of the BIA in the 70s. Ms. Weber advised that the existing boundaries have not changed and were designed around commercial activities of the day. Councillor Gazzola inquired as to the long / Urban Growth boundary into the BIA boundary. Ms. Weber advised that more consultation is needed in this regard, noting that it is too large an area to capture in its entirety at this time and consideration needs to be given to determine the appropriateness of including other areas. Councillor Gazzola requested clarification of process. Ms. Weber advised that a notice to all property owners within the proposed new boundaries is given and business owners are responsible to notify all tenants. On notice, a period for objections is provided and if received, the City Clerk will report to Council who will make the final decision based on input received from property owners within the existing, as well as the expanded boundaries. Mr. C. Goodeve added that the Municipal Act prohibits passing of a by-law if objections received equal 1/3 of the total number of persons entitled to notice and/or tenants who pay all or part of the taxes of an effected property; and objectors must also account for at least 1/3 of the taxes levied. A successful petition against a by-law will be determined by the Clerk and if prescribed thresholds are met a by-law will not be put before Council. At the request of Councillor Gazzola, Ms. J. Evans agreed to provide information on the current assessment value and that of the expanded boundary. Ms. Weber also advised that the 2013 gross levy to the BIA from the City is approximately $670,000 before adjustments or assessment write-offs. FINANCE AND CORPORATE SERVICESCOMMITTEE MAY 6, 2013 - 60 - CITY OF KITCHENER FCS-13-069 - DOWNTOWN BIA BOUNDARY EXPANSION (CO 3. In response to Councillor Fernandes, Ms. Weber advised that the businesses included in the BIA pay a membership fee for which they receive services that assist in promoting their businesses within the downtown. Ms. Weber added that the percentage of respondents to the survey of members is considered sufficient from which to draw general conclusions and they hope to educate those who were not sure what it meant to become a member but would like to hear more. Councillor Z. Janecki inquired if any businesses who do not want to be a member have ability to opt out. Ms. Weber advised that there is no opt out option and the BIA would work with those who have concerns. On motion by Councillor K. Galloway-Sealock - it was resolved: That pursuant to Section 209 of the Municipal Act, 2001, notice of the proposed by-law to alter the boundaries of Downtown Kitchener Business Improvement Area (BIA) be sent to every person who is assessed for rateable property that is in a prescribed business property class which is located within the existing and newly proposed es Department report FCS-13-069. FCS-13-075 - HOUSEKEEPING AMENDMENTS TO CHAPTERS 501, 523 AND 542 OF THE 4. CITY OF KITCHENER MUNICIPAL CODE The Committee considered Finance and Corporate Services Department report FCS-13-075, dated April 24, 2013, regarding housekeeping amendments to several Chapters of the Municipal Code related to licensing matters. Councillor F. Etherington referred to changes to the definition of neighbourhood festival, questioning how the number of 10 was derived for vendors selling products under one fee, noting that some like the Cherry Park Festival have more than 10 vendors. Ms. Harris advised that the number is based on the fact that the majority of neighbourhood festivals are small in size. She added that larger festivals like Cherry Park could be placed under the cultural festival category that allows up to 40 vendors at a lower fee and/or appeal to Council for a reduced fee. Councillor J. Gazzola questioned if the anticipated loss of revenue from 2012 license fees will be off-set by reduction in workload. Ms. Harris advised that there will be a reduction in workload particularly related to the cultural festival category, due to only one application having to be processed rather than one for each of 40 vendors. She added that she did not believe there would be an off-set in costs as the same staffing level remains. On motion by Councillor B. Ioannidis - it was resolved: That Chapter 523 (Buskers), Chapter 542 (Exhibition, Circus, Midway or Carnival) and Chapter 501 (Business Licence Fees) of the Municipal Code be amended as outlined in Finance and Corporate Services Department report FCS-13-075. FCS-13-053 -CONVERSIONS OF POSITIONS FROM TEMPORARY FULL-TIME TO 5. PERMANENT FULL-TIME STATUS The Committee considered Finance and Corporate Services Department report FCS-13-053, dated April 30, 2013, regarding conversion of positions from temporary full-time to permanent full-time status. Mr. D. Chapman advised that due to the approach being taken in respect to vacancy approval, there have been few additions in recent budget cycles. He noted that in the 2013 budget presentation statistics showed that the employee headcount to population ratio has fallen steadily since 2007. The positions under consideration are existing temporary positions that due FINANCE AND CORPORATE SERVICESCOMMITTEE MAY 6, 2013 - 61 - CITY OF KITCHENER FCS-13-053 -CONVERSIONS OF POSITIONS FROM TEMPORARY FULL-TIME TO 5. PERMANENT FULL-TIME STATUS to workloads warrant conversion to full time permanent positions (FTEs). A similar request was last made in 2011 wherein 3 positions were approved for conversion to FTEs. Mr. Chapman advised that there is no financial impact to the City as the positions are already funded within existing budgets and conversion to FTEs will provide that the City will be continuing to act in good faith under Collective Agreements; demonstrate fair treatment of employees; and recognize legal implications under Employment Standards. Ms. C. Fletcher spoke to the positions of custodial and security, noting both are funded from within the Parking Enterprise and in the case of the security position, partially funded through Facilities Management. She stated that the request for conversion to FTEs results from the number of additional parking facilities and additional services to the Kitchener Public Library, and is being timed to align with completion of the Civic District Parking Garage. Ms. P. Houston spoke to the Storm Water Engineering Project Management position (SWM- EPM), advising the temporary position was filled to cover a maternity leave; however, due to the volume of work it has been determined that a second full time SWM-EPM is essential to continue to implement necessary storm water projects. Mr. D. Murray spoke to the two Office/Network System Specialists positions, advising these positions were hired to complete a backlog of Client Services projects and are funded from the Computer and Telephone Reserve Funds. As a result of the Corporate Technology Strategic Plan completed in 2010, it was recommended that these 2 positions become FTEs but no action was taken at that time. He stated that the workload driving the initial need for the contract positions has increased and accordingly, the request is now being made for conversion to FTEs In response to Councillor J. Gazzola, Mr. Chapman advised that a temporary full time position is limited to the length of assignment rather than the number of hours and receives the same benefits as an FTE with the exception they are not eligible for long term disability benefits. Councillor Y. Fernandes raised concerns with the optics of approving conversion of the positions observations it would appear existing security staff are not working to the utmost and expressed the view that the temporary position should not move to an FTE until such time as the deficit in the Parking Enterprise and vacancy rate at Charles/Benton Parking Garage is addressed. Councillor Fernandes also questioned how the SWM-EPM position is being rationalized given the SWM Enterprise is substantially behind in revenue generation. Ms. Houston advised that the of a consultant and notwithstanding a slight variance in revenue, she was of the opinion the City would still meet its target in the long term. Councillor Fernandes referred to funding for the Office/Network System Specialists positions, asking if this will deplete the Computer / Telephone Reserve Funds. Mr. Chapman advised that there are sufficient funds forecast within the reserves to cover all associative costs for the two positions and is only one of the costs applied to the reserves. Councillor D. Glenn-Graham questioned what the impact and risks of a do nothing approach would be. Ms. Fletcher stated that in regard to the custodial / security positions, staff would continue to attempt to provide the same level of service under the contract positions. The risk would be in that the temporary employees may seek FTE positions elsewhere and in terms of parking garage / KPL security service, response times may be impacted if there is not enough staff to cover services for these facilities. Mr. D. Murray advised that there is significant workload for the Specialists positions and would present a challenge to backfill if the time spent on training and knowledge of temporary employees is lost should they find full time positions elsewhere. Ms. Houston stated that the cost per hour to hire a consultant to complete capital programming would be higher than the cost of an FTE and loss of knowledge/retention would also be a concern for the SWM-EPM position. Councillor B. Vrbanovic noted that one of the reasons for conversion is to ensure the City is acting in good faith with the bargaining units and asked if, as suggested in the report, that the FINANCE AND CORPORATE SERVICESCOMMITTEE MAY 6, 2013 - 62 - CITY OF KITCHENER FCS-13-053 -CONVERSIONS OF POSITIONS FROM TEMPORARY FULL-TIME TO 5. PERMANENT FULL-TIME STATUS City is pushing the envelope in these cases. Mr. Chapman acknowledged that to be the case, advising that agreements provide for temporary positions of up to 10 months or in the case of maternity leaves, up to 52 weeks, and beyond that the position is considered to be full time unless an extension is agreed to. He noted that contracts have been extended under agreement and good will of the Union affected; however, extension of good will could cease if the City holds steadfast on maintaining temporary status quo. Carried The following motion was voted on by a recorded vote and , with Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, Z. Janecki, K. Galloway-Sealock, S. Davey, B. Vrbanovic and F. Etherington voting in favour; and Councillors Y. Fernandes and J. Gazzola voting in opposition. Councillor P. Singh was absent this date and accordingly, did not vote. On motion by Mayor C. Zehr - it was resolved: That the two (2) Security and Custodial positions necessitated by the construction of the Charles and Benton and Civic District Parking Garages be converted from temporary status to permanent full-time status; and, That one permanent full-time Stormwater Engineering Project Manager position be approved to reduce reliance on external consultants; and further, That the two temporary Office/Network System Specialist positions within Information Technology be converted from temporary to permanent full-time status as recommended in the 2010 Corporate Technology Strategic Plan. This meeting then temporarily adjourned at 1:10 p.m. and reconvened at 1:35 p.m. Chaired by Councillor S. Davey with all members present, except Councillor P. Singh FCS-13-077 - ENCROACHMENT AGREEMENT REQUEST 6. - EXISTING FENCE AT 201 DOON SOUTH DRIVE ON CITY PARKLAND The Committee considered Finance and Corporate Services Department report FCS-13-077, dated April 26, 2013, regarding a request to legalize an existing fence encroachment at 201 Doon South Drive. Ms. J. Sheryer advised that the current property owner had purchased the property believing that all constructed on the property was within the property boundary and since have had to complete work at their own expense to rectify encroachments of a deck and hot tub. The owners are requesting to retain an existing fence that encroaches on City parkland, due to the financial impact if required to rectify the encroachment. Ms. Beth Fisher, owner, confirmed that the previous owner had installed a pool with a permit but the permit did not include construction of the deck and hot tub surrounding the pool. She stated that she and her husband agreed to relocate the deck and hot tub at their own expense but wish to keep the existing fence in its current location. Councillor K. Galloway-Sealock inquired how long the owners wished to keep the fence in its current location. Ms. Fisher stated that it will be costly to replace the fence and they would like to keep it until such time as it deteriorates to a point it must be replaced. Ms. Fisher also confirmed that they are willing to pay the annual fee of $300. to maintain the encroachment. Mayor C. Zehr questioned if the encroachment agreement is registered on title and Ms. J. Sheryer confirmed it would be. Mayor Zehr inquired as to the feasibility of including provision in the agreement that at time the fence is replaced, it be moved to the property line and Ms. Sheryer suggested that a statement to the effect that the encroachment is not to continue beyond the life of the fence could be added to the agreement. FINANCE AND CORPORATE SERVICESCOMMITTEE MAY 6, 2013 - 63 - CITY OF KITCHENER FCS-13-077 - ENCROACHMENT AGREEMENT REQUEST 6. - EXISTING FENCE AT 201 DOON SOUTH DRIVE ON CITY PARKLAND Councillor S. Davey inquired as to the feasibility of applying a set deadline for replacement of the fence and Ms. Sheryer advised that a time limit could be applied if desired. On motion by Councillor Y. Fernandes, the staff recommendation contained in report FCS-13- 077 was brought forward for consideration to approve the requested encroachment. An amendment by Councillor S. Davey to provide that the encroachment would apply for a maximum of 12 years was accepted as friendly. Councillor B. Ioannidis proposed a further amendment to provide that the timeframe for the encroachment would apply only to the current owners and if the property is sold sooner, the new owner would be required to immediately rectify the portion of fence that encroaches onto City parkland. Councillor B. Ioannidis subsequently withdrew his proposed amendment. Carried The following motion was voted on by a recorded vote and , with Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. Ioannidis, Y. Fernandes, K. Galloway-Sealock, S. Davey, B. Vrbanovic and F. Etherington voting in favour; and Councillor Z. Janecki voting in opposition. Councillor P. Singh was absent this date and accordingly, did not vote. On motion by Councillor Y. Fernandes - it was resolved: That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 201 Doon South Dr. (PIN 22734-0496) to legalize an existing fence for a maximum period of 12 years, which encroaches approximately 2.06m at the rear of the property for a length of approximately 18.84m and approximately 1.15m at the side of the property for a length of approximately 22.8m, more or less, on City parkland. ADJOURNMENT 7. On motion, this meeting adjourned at 2:55 p.m. J. Billett, AMCT Committee Administrator