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HomeMy WebLinkAbout2014-02-03 FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 3, 2014 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 10:04 a.m. Present: Councillor S. Davey - Chair Mayor C. Zehr and Councillors D. Glenn-Graham, B. Ioannidis, Z. Janecki, Y. Fernandes, K. Galloway-Sealock, P. Singh and F. Etherington. Staff: J. Willmer, Chief Administrative Officer J. Evans, Acting Deputy CAO, Finance & Corporate Services M. May, Deputy CAO, Community Services R. Regier, Executive Director of Economic Development C. Bluhm, Manager of Downtown Development R. Morgan, Capital Investment Advisor P. Harris, Manager, Licensing D. Saunderson, Committee Administrator FCS-14-016 - LIQUOR LICENCE REVIEW APPLICATION 1. - STONEGATE BISTRO - 15 SCOTT STREET, UNIT 2 The Committee considered Finance and Corporate Services Department report FCS-14-016, dated January 17, 2014 concerning a liquor licence review application for Stonegate Bistro located at 15 Scott Street, Unit 2. On motion by Councillor B. Ioannidis - it was resolved: “That subject to the 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 Stonegate Bistro at 15 Scott Street, Unit 2, applied for by Yonase Yanfa (herein referred to as the “Applicant”); and, That should the AGCO decide to hold a hearing with respect to the application for liquor licence for Stonegate Bistro, located at 15 Scott Street, Unit 2 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 enter into 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) i.e. alcohol sales will be limited to 30% of gross refreshment sales; 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; 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).” FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 3, 2014 - 7 - CITY OF KITCHENER CAO-14-008 - PROVINCIAL FUNDING AGREEMENT 2. - YOUTH ENTREPRENEURSHIP PROGRAM The Committee considered Chief Administrator’s Office report CAO-14-008, dated January 17, 2014 recommending that the City execute a two year funding agreement with the Province of Ontario to undertake a youth entrepreneurship program entitled the “Starter Company” through the Kitchener Waterloo Region Small Business Centre. On motion by Councillor B. Ioannidis - it was resolved: “That the Mayor and Clerk be authorized to execute a two year funding agreement, subject to the satisfaction of the City Solicitor, with the Province of Ontario to undertake the “Starter Company” a Youth Entrepreneurship program providing mentoring and training for youth age 18 – 29 to start a business; and further, The program will be delivered by the Kitchener Waterloo Region Small Business Centre, as outlined in Chief Administrator’s Office report CAO-14-008.” FCS-14-015 - APPEAL - REFRESHMENT VEHICLE LOCATION 3. - 405 HIGHLAND ROAD WEST The Committee considered Finance and Corporate Services Department report FCS-14-015, dated January 20, 2014 concerning a request to operate a refreshment vehicle in front of Glogowski Supreme Sausages, 405 Highland Road West. Ms. P. Harris was in attendance to respond to questions from the Committee, advising that staff is recommending that this request be refused as it would contravene the distance separation requirements set out in Chapter 586 (Refreshment Vehicles). Councillor Z. Janecki brought forward a motion to approve the request of Rumen Yankov to operate a refreshment vehicle at 405 Highland Road West. In response to questions, Ms. Harris stated that the business license to operate a refreshment vehicle, if approved by Council, would expire December 31, 2014. She advised that the City is under no obligation to renew the license beyond 2014. She indicated that if the owner applied for a renewal in 2015, all of the new business owners within the separation distance would be circulated a notice prior to issuing a new license. Carried, The following motion was then voted on by a recorded vote and with Councillors Z. Janecki, Y. Fernandes, D. Glenn-Graham and S. Davey and voting in favour; and Mayor C. Zehr and Councillors B. Ioannidis and F. Etherington voting in opposition. Councillors K. Galloway-Sealock, P. Singh, J. Gazzola and B. Vrbanovic were absent and accordingly did not vote. On motion by Councillor Z. Janecki - it was resolved: “That the request of Rumen Yankov to operate a refreshment vehicle at 405 Highland Road West be approved, as outlined in Finance and Corporate Services report FCS-14- 015.” Councillor K. Galloway-Sealock entered the meeting at this time. CAO-14-005 - WATERLOO REGION ECONOMIC DEVELOPMENT IMPLEMENTATION 4. UPDATE The Committee considered Chief Administrator’s Office report CAO-14-005, dated January 10, 2014 recommending that the Province be encouraged to amend Section 11 of the Municipal Act, 2001, (the Act) to include the Regional Municipality of Waterloo in the list of Upper-tier Municipality(ies) that are assigned “non-exclusive” legislative authority to participate in the assigned sphere of “Acquisition, development, and disposal of sites for industrial, commercial and institutional uses”. Messrs. B. Bennett and R. Regier presented the report and responded to questions from the Committee. FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 3, 2014 - 8 - CITY OF KITCHENER CAO-14-005 - WATERLOO REGION ECONOMIC DEVELOPMENT IMPLEMENTATION 4. UPDATE (CONT’D) In response to questions, Mr. Regier advised that the request to include the Region of Waterloo in the list of Upper-tier Municipality(ies) outlined in the Act will allow the Region to participate or partner with area municipalities who may not have the resources to develop employment lands on their own. He added that staff will be reporting back by the second quarter of 2014 with additional recommendations regarding the further implementation of the Waterloo Region Economic Development Strategy. Councillor P. Singh entered the meeting at this time. On motion by Councillor B. Ioannidis - it was resolved: “That the City of Kitchener take the following actions regarding Economic Development in Waterloo Region, as outlined in Chief Administrator’s Office report CAO-14-005: That the Province of Ontario be requested to amend the Table in Section 11 of the Municipal Act, 2001, as amended, to add the Regional Municipality of Waterloo to the list of Upper-tier Municipality (ies) that are assigned ‘non-exclusive’ legislative authority to participate in the assigned sphere of “Acquisition, development, and disposal of sites for industrial, commercial and institutional uses.” CAO-14-024 - LEASE REDUCTION - CITY OWNED LAND 5. - 546 BELMONT AVE WEST The Committee considered Chief Administrator’s Office report CAO-14-024, dated January 6, 2014 recommending that the City enter into a lease agreement with Grace Mennonite Brethren Church for the subject lands adjacent to 546 Belmont Avenue West to be used for off-street parking. Mr. R. Morgan presented the report and responded to questions from the Committee. A motion was brought forward by Councillor Z. Janecki to approve the staff recommendation with an additional clause to include a provision in the lease that the annual escalation rate be equal to the cost of living rate established through the Consumer Price Index (CPI). On motion by Councillor Z. Janecki - it was resolved: “That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Grace Mennonite Brethren Church, pertaining to the City lands adjacent to their property at 546 Belmont Avenue West, as outlined in the Chief Administrator’s Office report CAO-13-024; and further, That the terms of the revised lease shall include a provision that the annual escalation rate be equal to the cost of living rate established through the Consumer Price Index (CPI).” CAO-14-009 - DOWNTOWN FINANCIAL INCENTIVES - MODIFICATIONS TO THE FAÇADE 6. GRANT PROGRAM & GRANTS IN LIEU OF BUILDING PERMITS Councillor B. Ioannidis declared a pecuniary interest concerning the Downtown Financial Incentives Program, as he owns a property in the subject area; and accordingly, he did not take part in any discussion or voting regarding this matter. The Committee considered Chief Administrator’s Office report CAO-14-009, dated January 23, 2014 recommending amendments to the Council Policy I-535 (Combined Façade / Interior Loan / Upper Story Renovation Program) and to the Council Policy I-540 (Downtown Financial Incentives). Messrs. C. Bluhm and R. Regier presented the report and responded to questions from the Committee. Councillor D. Glenn-Graham brought forward a motion to approve the staff recommendation as outlined in Report CAO-14-009. FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 3, 2014 - 9 - CITY OF KITCHENER CAO-14-009 - DOWNTOWN FINANCIAL INCENTIVES - MODIFICATIONS TO THE FAÇADE 6. GRANT PROGRAM & GRANTS IN LIEU OF BUILDING PERMITS (CONT’D) Questions were raised as to whether a further clause should be included in the staff recommendation, to have the Program reviewed over the next two years. Mr. J. Willmer advised that if the additional clause review of the program is approved, members should also consider rewording Clause 1 of the recommendation to change the expiration date to December 31, 2016. He stated that potential program participants are more likely to engage if there is an assurance that the grant funding is available; rather than applying for a program that is under review. Councillor Y. Fernandes brought forward an amendment to Clause 1 of the recommendation to change the expiration date of the Façade Grant Program from December 31, 2018 to December 31, 2016. LOST, Councillor Fernandes’ amendment was then voted on by a recorded vote and with Councillors Y. Fernandes, D. Glenn-Graham and Z. Janecki voting in favour; and Mayor C. Zehr and Councillors K. Galloway-Sealock, F. Etherington, P. Singh and S. Davey voting in opposition. Councillor Fernandes brought forward a further amendment to Clause 1 of the recommendation to change the expiration date of the Façade Grant Program from December 31, 2018 to December 21, 2017. LOST on a tie Councillor Fernandes’ amendment was then voted on by a recorded vote and vote, with Councillors Y. Fernandes, D. Glenn-Graham, Z. Janecki and S. Davey voting in favour; and Mayor C. Zehr and Councillors K. Galloway-Sealock, F. Etherington and P. Singh and voting in opposition. Carried The following motion was then voted on and was on a recorded vote,with Mayor C. Zehr and Councillors Y. Fernandes, D. Glenn-Graham, S. Davey K. Galloway-Sealock, F. Etherington and P. Singh voting in favour; and Councillor Z. Janecki voting in opposition. On motion by Councillor D. Glenn-Graham - it was resolved: “That subsection 4.2.1 of Council Policy I-535 (Combined Façade / Interior Loan / Upper Story Renovation Program) be amended to change the expiration date of the Façade Grant Program from December 31, 2013 to December 31, 2018; and, That subsection 4.1.1 of Council Policy I-535 be deleted in its entirety and replaced with a new subsection 4.1.1, in the form shown in the amendment attached to Chief Administrator’s Office report CAO-14-009, stating that the ‘Downtown Incentives Funding’ line item in the capital budget shall be the on-going funding source for the Façade Grant Program; and, That a new subsection 9 (e) be added to Council Policy I-540 (Downtown Financial Incentives), in the form shown in the amendment attached to Report CAO-14-009, to modify the scope of the ‘Exemption from Planning and Building Permit Fees’ program to apply only to those permits for retail, restaurant and personal service uses that do not exceed $1,000; and, That a new subsection 9 (f) be added to Council Policy I-540, in the form shown in the amendment attached to Report CAO-14-009, stating that no more than $10,000 worth of permit rebates be granted in a given year, with any unallocated funds being transferred to the Façade Grant Reserve Account; and further, That a new subsection 9 (g) be added to Council Policy I-540, in the form shown in the amendment attached to Report CAO-14-009, identifying the criteria by which projects currently in the planning and development phases may still apply to the ‘Exemption from Planning and Building Permit Fees’ program for rebates exceeding $1,000.” FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 3, 2014 - 10 - CITY OF KITCHENER ADJOURNMENT 7. On motion, this meeting adjourned at 11:19 a.m. D. Saunderson Committee Administrator