HomeMy WebLinkAbout2013-11-18 FINANCE AND CORPORATE SERVICES COMMITTEE
NOVEMBER 18. 2013 CITY OF KITCHENER
The Finance and Corporate Services Committee met this date commencing at 10:34 a.m.
Present: Councillor S. Davey-Chair
Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. loannidis B.
Vrbanovic, Z. Janecki, Y. Fernandes, K. Galloway and F. Etherington. Councillor P.
Singh was absent from the meeting.
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
T. Beckett, Fire Chief
R. Regier, Executive Director of Economic Development
C. Tarling, Director, Legislated Services &City Clerk
L. Johnston, Director, Corporate Communications & Marketing
R. Hagey, Director, Financial Planning
A. Pinard, Director, Planning
J. Witmer, Director, Operations
S. Turner, Director, Bylaw Enforcement
D. Fagerdahl, Manager, Financial Planning
B. Korah, Manager, Development Engineering
L. Palubeski, Manager Programs & Resource Services
L. Eckel-Braun, Manager, Cemeteries
P. Harris, Manager, Licensing
C. Goodeve, Committee Administrator
1. FCS-13-174 - LIQUOR LICENCE REVIEW APPLICATION
- POAK FC SOCIAL CLUB -50 ONTARIO STREET SOUTH
The Committee considered Finance and Corporate Services Department report FCS-13-174,
dated November 8, 2013 concerning a liquor licence review application for Poak FC Social
Club.
On motion by Councillor B. loannidis-
it was resolved:
"That subject to the Alcohol and Gaming Commission of Ontario (AGCO) deciding not to
hold a hearing with respect to this application for a liquor licence and subject to the
applicant entering into an agreement with the City including certain conditions of operating
a licensed establishment as set out below, that Council take no action at this time to
oppose the application for a liquor license for Poak FC Social Club, located at 50 Ontario
Street South, Unit D applied for by John Papazotos (herein referred to as the "Applicant");
and,
That should the AGCO decide to hold a hearing with respect to the application for a liquor
license for Poak FC Social Club, located at 50 Ontario Street South, Unit D and applied for
by the Applicant, the City request party status at the hearing and notwithstanding any
agreement entered into with the Applicant may change its position stated in this
recommendation in response to evidence presented or heard at that hearing; and further,
That the Mayor and Clerk be authorized to execute an agreement with the applicant
should he be willing wherein the applicant agrees to abide by the following conditions and
to request they be added to his licence if the Alcohol and Gaming Commission of Ontario
chooses to issue the licence:
1. to participate as an active member of the Downtown Kitchener Business
Improvement Area's License and Entertainment Committee if such a
committee is established;
2. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment
sales (including food and other sundries) in other words alcohol sales will be
limited to 30%of gross refreshment sales;
FINANCE AND CORPORATE SERVICES COMMITTEE
NOVEMBER 18.2013 _98 - CITY OF KITCHENER
1. FCS-13-174 - LIQUOR LICENCE REVIEW APPLICATION
- POAK FC SOCIAL CLUB -50 ONTARIO STREET SOUTH (CONT'D)
3. to stop serving alcohol by 2:00 a.m.daily;
4. to notify the Clerk of the City of Kitchener in writing of any application to
change the license at the time the application for the change is made to the
Alcohol and Gaming Commission, and not to expand the establishment
without the consent of the City Council; and,
5. to comply with the Noise By-law and the Region of Waterloo Smoking By-
law; and these conditions shall bind all successors, assigns and subsequent
licence holders (if any)."
2. FCS-13-175 - REQUEST TO AMEND LIQUOR LICENCE AGREEMENT
- BREAD HEADS INC. -16 DUKE STREET EAST
The Committee considered Finance and Corporate Services Department report FCS-13-175,
dated November 8, 2013 concerning a request to amend a Liquor Licence Agreement for
Bread Heads Inc.
On motion by Councillor B. loannidis-
it was resolved:
"That subject to the Alcohol and Gaming Commission of Ontario (AGCO)deciding not to
hold a hearing with respect to this application for a liquor licence and subject to the
applicant entering into an agreement with the City including certain conditions of
operating a licensed establishment as set out below, that Council take no action at this
time to oppose the application for a liquor license for Bread Heads Inc. located at 16
Duke Street East, applied for by Bread Heads Inc. (herein referred to as the "Applicant);
and,
That should the AGCO decide to hold a hearing with respect to the application for a
liquor license for Bread Heads Inc., located at 16 Duke Street East and applied for by
the Applicant, the City request party status at the hearing and notwithstanding any
agreement entered into with the Applicant may change its position stated in this
recommendation in response to evidence presented or heard at that hearing; and
further,
That the Mayor and Clerk be authorized to execute an agreement with the applicant
should they be willing wherein the applicant agrees to abide by the following conditions
and to request they be added to their licence if the Alcohol and Gaming Commission of
Ontario chooses to issue the licence:
1. to participate as an active member of the Downtown Kitchener Business
Improvement Area's License and Entertainment Committee if such a
committee is established;
2. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment
sales (including food and other sundries) in other words alcohol sales will
be limited to 30%of gross refreshment sales;
3. to stop serving alcohol by 12:01 a.m. daily in the first year of operation and
thereafter to stop serving alcohol by 2:00 a.m. daily;
4. to notify the Clerk of the City of Kitchener in writing of any application to
change the license at the time the application for the change is made to
the Alcohol and Gaming Commission and not expand the establishment
without the consent of the City Council;
5. to comply with the Noise By-law and the Region of Waterloo Smoking By-
law; and,
FINANCE AND CORPORATE SERVICES COMMITTEE
NOVEMBER 18.2013 _99 - CITY OF KITCHENER
2. FCS-13-175 - REQUEST TO AMEND LIQUOR LICENCE AGREEMENT
- BREAD HEADS INC. -16 DUKE STREET EAST(CONT'D)
6. these conditions shall bind all successors, assigns and subsequent
licence holders (if any)."
3. INS-13-110 - LEASE FOR CHARLES & BENTON PARKING GARAGE RETAIL SPACE,
UNIT#1
The Committee considered Infrastructure Services Department report INS-13-110, dated
November 6, 2013 regarding a lease agreement to rent Unit #1 of the Charles and Benton
Parking Garage.
On motion by Councillor B. loannidis-
it was resolved:
"That the Mayor and Clerk be authorized to execute a lease agreement, subject to the
satisfaction of the City Solicitor, with R'chyees Frozen Yogurt Shoppe for the Retail Unit
#1, located at 4 Charles Street East (future address will be 26 Benton Street), as outlined
in Infrastructure Services Department report INS-13-110."
4. FCS-13-178 - OMERS -RESERVIST LEAVE CHANGE
The Committee considered Finance and Corporate Services Department report FCS-13-178,
dated November 12, 2013 concerning the purchasing of credited service for reservist leaves
for OMERS members.
On motion by Councillor B. loannidis-
it was resolved:
"That the City of Kitchener elects to share the cost of purchasing credited service for
reservist leaves for its OMERS members, as outlined in Finance and Corporate
Services Department report FCS-13-178."
5. DELEGATION- ILLEGAL MASSAGE PARLOURS
The Committee was in receipt this date of an information package submitted by Mr. Brad
Baumbach, Phoenix Massage, concerning issues regarding illegal massage parlours. Mr.
Baumbach addressed the Committee expressing concerns regarding the perceived number of
massage parlours operating in this area without a valid Class `D' Adult Entertainment Parlour
(Erotic Massage) Licence.
On motion by Councillor Y. Fernandes-
it was resolved:
"That staff be directed to report back to a future in-camera meeting with information on
potential enforcement options that might be considered to address the issue of illegal
massage parlours."
6. CAO-13-036 - DOWNTOWN FINANCIAL INCENTIVE REVIEW
- FINAL RECOMMENDATIONS -
Councillor B. loannidis declared a pecuniary interest as he owns property within the area that
is subject to the Downtown Financial Incentives; accordingly, he did not participate in any
discussion or voting regarding this matter.
The Committee considered Chief Administrator's Office report CAO-13-036, dated November
8, 2013 recommending nine activities to support a refresh of the Downtown Financial Incentive
Program. Mr. C. Bluhm reviewed the report, advising that the proposed recommendations
primarily direct staff to report back on a number of initiatives.
FINANCE AND CORPORATE SERVICES COMMITTEE
NOVEMBER 18.2013 -100 - CITY OF KITCHENER
6. CAO-13-036 - DOWNTOWN FINANCIAL INCENTIVE REVIEW
- FINAL RECOMMENDATIONS (CONT'D)
Messrs. Paul Puopolo, Polocorp Inc. and Larry Kotseff, Fusion Homes, were in attendance in
support of the City continuing to provide the Downtown Financial Incentive Program. Mr.
Puopolo gave a presentation, copies of which were circulated to the Committee, suggesting that
the incentive program should be expanded to link with the Region of Waterloo's Light Rail
Transit (LRT) stations. He proposed that staff should be directed to implement a geographic
incentive area program which should be phased out based on the following:
a) a specific timeframe (5 to 6 years); or,
b) the development of a set number of residential units (2500—3000 units).
At the request of Councillor B. Vrbanovic, Mr. Bluhm agreed to provide additional information
outlining existing population densities in the Downtown as well as a projection of the number of
units that would need to be developed to make certain amenities viable.
Councillor J. Gazzola requested that information be provided on the amount of funding above
and beyond the subject incentives that the City has invested in the Downtown over the past
five to ten years.
On motion, Councillor Vrbanovic brought the recommendation contained in Report CAO-13-
036 forward for consideration with Clauses 2 and 3 being referred to a Strategic Planning
Session to be held in early 2014 to allow time for staff to review and bring forward
recommendations regarding possible changes to the Downtown Urban Boundary and incentive
models.
Councillor Gazzola requested that Clause 4, related to the Region of Waterloo being
encouraged to maintain their Downtown Kitchener development charge exemption, be voted
on separately.
Councillor Z. Janecki requested that Clauses 8, 9 and 10, related to the establishment of a
grant program for Landing Pads, be voted on separately.
The following motion was voted on Clause by Clause on recorded votes;
On motion by Councillor B.Vrbanovic-
it was resolved:
"That staff commence implementation of the following activities in support of a refreshed
Downtown Financial Incentive Program, as outlined in Chief Administrator's Office
report CAO-13-036; and,
That the following be referred to a Strategic Planning Session to be held in early
2014 to allow time for staff to review and bring forward recommendations regarding
possible changes to the Downtown Urban Boundary and incentive models:
`That through the development of the 2014 Development Charges Background
Study and By-law, staff propose to exclude Downtown Kitchener from the By-law,
resulting in no growth-related capital costs or development charges being applied
Downtown,and,
That through the development of the 2014 Development Charges By-law, staff
establish the clear intention to discontinue the Downtown exemption immediately
prior to the subsequent Development Charges Background Study and By-law,
currently anticipated for 2019;and,'
That the Mayor and City staff work with the Region of Waterloo to encourage the
Region to maintain their Downtown Kitchener development charge exemption through
the development of their 2014 Development Charges Background Study and By-law;
and,
FINANCE AND CORPORATE SERVICES COMMITTEE
NOVEMBER 18.2013 -101 - CITY OF KITCHENER
6. CAO-13-036 - DOWNTOWN FINANCIAL INCENTIVE REVIEW
- FINAL RECOMMENDATIONS (CONT'D)
That staff prepare amendments to Council Policy 1-540 (Downtown Financial
Incentives), for Council consideration, which scale back the Planning & Building Permit
Fee Rebates, but continue to provide incentive for minor enhancements, subject to a
phasing-out process with input from stakeholders and immediately eliminate the 3-year
Tax Exemption; and,
That staff initiate the process to modify the Parkland Dedication policies and by-law to
discontinue the Downtown waiver and establish a maximum rate of 0.15 hectares per
300 units for residential development in the Downtown and Central Neighbourhoods;
and,
That staff prepare amendments to Council Policy 1-535 (Combined Fapade/Interior
Loan/Upper Storey Renovation Program and the Downtown Kitchener Community
Improvement Plan) to extend the Facade Grant Program beyond 2013, to introduce
ongoing funding within the Capital Budget, by reassigning a portion of the budget
allocation for the Planning & Building Permit Fee Rebates, starting in 2014, and to allow
more than $30,000 per building, to a specified maximum, where the building has more
than 3 separate storefronts; and,
That staff prepare amendments to the Downtown Kitchener Community Improvement
Plan to establish a grant program for Landing Pads geared towards start-up businesses,
similar to the Facade Grant Program, using the remaining funds from the Upper-Storey
Renovation Program; and,
That, through the development of the new Official Plan, the City establish clear Official
Plan policies that allow the City to hold recipients of any Downtown financial incentive to
a very high standard in terms of urban design; and further,
That, through ongoing discussions with the development industry and Downtown
businesses, City staff communicate that there are no guarantees that any of the existing
financial incentives will exist beyond the current timelines and budget allocations of
each individual program."
Pecuniary Interest&Abstentions:
Councillor B. Ioannidis as he owns property in the
vicinity of the subject lands.
Clauses 2 &3—Carried on a recorded vote.
In Favour: Mayor C. Zehr and Councillors B.
Vrbanovic, S. Davey, F. Etherington, K.
Galloway-Sealock, D. Glenn-Graham, Z.
Janecki and Y. Fernandes.
Contra: Councillor J. Gazzola.
Absent: Councillor P. Singh.
Clause 4 — Carried Unanimously on a recorded
vote by all members present.
Clauses 8, 9& 10—Carried on a recorded vote.
In Favour: Mayor C. Zehr and Councillors B.
Vrbanovic, S. Davey, F. Etherington and K.
Gal loway-Sealock. D. Glenn-Graham.
Contra: Councillors J. Gazzola, Z. Janecki
and Y. Fernandes
FINANCE AND CORPORATE SERVICES COMMITTEE
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6. CAO-13-036 - DOWNTOWN FINANCIAL INCENTIVE REVIEW
- FINAL RECOMMENDATIONS (CONT'D)
Absent: Councillor P. Singh.
Balance of Motion—Carried on a recorded vote.
In Favour: Mayor C. Zehr and Councillors B.
Vrbanovic, S. Davey, F. Etherington, K.
Galloway-Sealock, D. Glenn-Graham, Z.
Janecki and Y. Fernandes.
Contra: Councillor J. Gazzola.
Absent: Councillor P. Singh.
The Committee then recessed at 1:02 p.m. and reconvened at 1:09 p.m. chaired by Councillor S.
Davey with all members present except Councillors P. Singh and K. Galloway-Sealock.
7. FCS-13-160 - 2014 COMPREHENSIVE FEE REVIEW
The Committee considered Finance and Corporate Services Department report FCS-13-160,
dated October 30, 2013 regarding the proposed fees and charges contained in the 2014
Comprehensive Fee Review.
Mr. Harald Drewitz addressed the Committee regarding the proposed increase to the 2014
user fees, suggesting that they should be considered in two separate categories; the need to
have category and the nice to have category. He proposed that for the need to have category,
those fees should not increase higher than inflation; which he projected as being between
1.1% - 1.3%. He added that for the fees in the nice to have category, those could be
increased to at least 3%.
Mr. R. Hagey and Ms. D. Fagerdahl presented the proposed fees for 2014. Mr. Hagey advised
that two options have been put forward for consideration. He stated that Option 1 is the
standard recommendation put forward as part of this annual report. He added that Option 2
modifies the first clause of the recommendation by providing for a 1% fee increase as outlined
in Issue Paper AR 05 [Increase User Fees by an Additional 1%, While Providing Additional
Funding for the Leisure Access Card (LAC)]attached to Report FCS-13-160.
On motion, Councillor J. Gazzola brought Option 2 forward for consideration, which would
increase user fees by approximately 3% in accordance with Issue Paper AR 05.
At the request of Councillor D. Glenn-Graham, staff agreed to provide additional information
comparing the marriage licence fees that are charged by the Cities of Cambridge and Waterloo
prior to the November 25, 2013 Council meeting.
In response to questions regarding the Leisure Access Card (LAC), Mr. M. May agreed to
provide information identifying the threshold to qualify for a LAC as well as the number of
people who currently utilize that program.
Councillor Y. Fernandes requested that staff follow-up on a situation with respect to a person
selling dog food from their garage without a business licence.
In response to questions regarding enforcement activities in the Conestoga College, Lower
Doon and Green Valley Drive area, Mr. S. Turner agreed to report back by January 13, 2014
with information outlining the costs associated with monitoring as well as the number of
parking tickets issued in the subject area.
Questions were raised regarding the Engineering administration fees, which Mr. H. Gross
clarified as relating to sanitary sewer and water services where the private sector has
undertaken the installation. He stated that this fee allows staff to retain the amount estimated
for that work to ensure that it is completed. Mr. B. Korah advised that staff consulted the
FINANCE AND CORPORATE SERVICES COMMITTEE
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7. FCS-13-160 - 2014 COMPREHENSIVE FEE REVIEW (CONT'D)
Waterloo Region Home Builders Association, who were supportive of this fee. He agreed to
provide additional details on enacting these fees prior to the November 25, 2013 Council
meeting.
Councillor K. Galloway-Sealock re-entered the meeting at this time.
In response to questions regarding the new special events equipment fee, Mr. R. Regier
agreed to provide information as to whether this proposed fee might result in additional
requests for grant funding from the groups organizing these events.
A motion was brought forward by Councillor B. Vrbanovic, which was accepted as friendly, to
amend Councillor Gazzola's motion to not apply the 3% increase to recreational program fees,
which will be kept at what is proposed in the 2014 Comprehensive Fee Review attached to
Report FCS-13-160.
Mr. Hagey agreed to provide an overview of the financial implications of Councillor Vrbanovic's
amendment prior to the November 25,2013 Council meeting.
The following motion was voted on and was Carried on a recorded vote, with Mayor C. Zehr
and Councillors D. Glenn-Graham, Y. Fernandes, F. Etherington, S. Davey, B. Vrbanovic, J.
Gazzola and K. Galloway-Sealock voting in favour; and, Councillors Z. Janecki and B.
loannidis voted in opposition. Councillor P. Singh was absent and accordingly did not vote.
On motion by Councillor J. Gazzola-
it was resolved:
"That the proposed fees and charges contained in the 2014 Comprehensive Fee
Review be approved with an average increase of 3% for those items identified in Issue
Paper AR 05 [Increase User Fees by an Additional 1%, While Providing Additional
Funding for the Leisure Access Card (LAC)], as attached to Financial Services
Department report FCS-13-160; and,
That the 3% for those items identified in Issue Paper AR 05 shall not be applied to
recreational programs which shall be kept at the rate proposed in the 2014
Comprehensive Fee Review attached to Report FCS-13-160; and,
That the Manager of Cemeteries be directed to forward the Cemetery Tariff of Fees and
Charges to the Ministry of Government Services - Cemeteries Regulation Unit for filing;
and further,
That Legal Services staff be directed to prepare the necessary by-laws to amend the
City of Kitchener Municipal Code Chapters for fees and charges pertaining to licensing,
planning applications, building permits and Committee of Adjustment applications."
8. ADJOURNMENT
On motion, the meeting adjourned at 2:17 p.m.
Colin Goodeve
Committee Administrator