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HomeMy WebLinkAbout2014-02-24 FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 24. 2014 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 12:04 p.m. Present: Councillor S. Davey-Chair Mayor C. Zehr and Councillors F. Etherington, Y. Fernandes, K. Galloway-Sealock, J. Gazzola, D. Glenn-Graham, B. loannidis, Z. Janecki, P. Singh 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 C. Tarling, Director, Legislated Services &City Clerk L. Johnston, Director, Corporate Communications & Marketing R. Hagey, Director, Financial Planning A. Pinard, Director, Planning D. Murray, Interim Director, Information Services &Technology K. Dever, Manager, Service Coordination & Improvement C. Bluhm, Manager of Downtown Development P. Harris, Manager, Licensing C. Goodeve, Committee Administrator D. Saunderson, Committee Administrator 1. FCS-14-024 - 2014 STREET VENDOR BY-LAW The Committee considered Finance and Corporate Services Department report FCS-14-024, dated February 10, 2014 concerning a by-law to license Street Vendors. On motion by Councillor Y. Fernandes- it was resolved: "That a new by-law to licence Street Vendors in the City of Kitchener be prepared for consideration at the March 3, 2014 Council meeting, as outlined in Finance and Corporate Services Department report FCS-14-024." 2. FCS-14-030 - REQUEST FOR MIDWAY -1400 OTTAWA STREET SOUTH - MAY 1 TO MAY 11 AND OCTOBER 1 TO OCTOBER 5, 2014 The Committee considered Finance and Corporate Services Department report FCS-14-030, dated February 7, 2014 recommending that Homeniuk Rides Inc. be permitted to operate a Midway at the Sunrise Centre, on May 1 to May 11, 2014 and October 1 to 5, 2014. In response to questions Ms. P. Harris confirmed that the end time for the hours of operation for May 5-8, 2014 should read 10:00 p.m. as opposed to 11:00 a.m. The Committee agreed to amend the recommendation accordingly. On motion by Councillor Y. Fernandes- it was resolved: "That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400 Ottawa Street South, from May 1 to 11 and October 1 to 5, 2014, subject to the following: Date of Operation Hours of Operation Thursday, May 1 3:30 p.m. - 10:00 p.m. Friday, May 2 3:30 p.m. - 11:00 p.m. Saturday, May 3 10:00 a.m. - 11:00 p.m. Sunday, May 4 11:00 a.m. - 10:00 p.m. Monday-Thursday, May 5-8 3:30 p.m. - 10:00 p.m. Friday, May 9 3:30 p.m. - 11:00 p.m. Saturday, May 10 10:00 a.m.- 11:00 p.m. Sunday, May 11 11:00 a.m. -08:00 p.m. Wednesday&Thursday, October 1 &2 3:30 p.m. - 10:00 p.m. FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 24. 2014 -27 - CITY OF KITCHENER 2. FCS-14-030 - REQUEST FOR MIDWAY -1400 OTTAWA STREET SOUTH - MAY 1 TO MAY 11 AND OCTOBER 1 TO OCTOBER 5, 2014(CONT'D) Friday, October 3 3:30 p.m. - 11:00 p.m. Saturday, October 4 10:00 a.m. - 11:00 p.m. Sunday, October 5 11:00 a.m. - 10:00 .m." 3. FCS-14-023 - FOOD TRUCKS AND SPECIAL EVENTS The Committee considered Finance and Corporate Services Department report FCS-14-023, dated January 20, 2014 regarding current business licensing practices for mobile food trucks. Ms. P. Harris was in attendance and responded to questions from the Committee. Mr. Reuben Salonga, United Food Trucks Ltd., expressed a desire to have food trucks operate at locations across the City; such as, sports fields and business parks. He commented that it was his impression that the Downtown Kitchener Business Improvement Area (BIA) was not prepared to enter into discussions at this time regarding food trucks. He suggested that an appropriate Iicencing fee for food trucks would be $300-$400. He noted that his organization would like to be a part of any discussions that take place in the future regarding the operation of food trucks in the City of Kitchener. Councillor P. Singh entered the meeting at this time. Mr. Brad Schmuck, Food Truck Operator, gave a presentation suggesting that food trucks would benefit the community by operating in areas that are under serviced by restaurants; such as, the Huron Natural Area as well as sports fields and business parks. In addition, he requested that the required 200-400 meter separation distance currently provided for in Kitchener Municipal Code Chapter 586 (Refreshment Vehicles) be reduced to 10-30 meters. thereby enabling food trucks to operate across the street from an existing brick and mortar restaurant. He commented that under the City's current by-laws, he would be permitted to open a restaurant across the road from another restaurant; but, he is not permitted to park his food truck in that same location. He stated that due to Kitchener's existing limitations on the operation of food trucks, it is not a profitable business. Mr. Dave Betts, Food Truck Operator, advised that he disagreed with the claim that undertaking inspections of food trucks was difficult as they are hard to find. He stated that the typical food truck season lasts 16 weeks and during that time most operators utilize social media as a means of promoting their locations. He added that in 2013 there were three scheduled public health inspections of his food truck and six random inspections. He compared this to the commercial kitchen that he also operates, which was only inspected four times last year. Ms. Natia Dragusanu, Food Truck Operator, asked that food trucks be permitted to operate across the City. She suggested that Kitchener should adopt a similar approach to the one taken by the City of Hamilton,which is more supportive of the food truck industry. Mr. James Howe addressed the Committee in support of expanded access to food trucks. He suggested that food trucks should be thought of as mobile food start-ups, which might eventually become brick and mortar restaurants. Mr. Michael Druker, Food Truck Operator, provided the Committee with a copy of his speaking notes,which he reviewed. He expressed support for allowing food trucks to operate on all City streets. Mr. Mike Pitton, Food Truck Operator, addressed the Committee in favour of food trucks being permitted to operate across the City. He commented that food trucks are not a nuisance and do not present any concerns to public health or safety. Ms. Andrea Hennige-Kim, Food Truck Operator, indicated that in addition to operating a food truck she is also an assistant manager at a local restaurant and a lecturer on this matter at Conestoga College. She suggested that the festival and Iicencing fees imposed on food trucks is comparable to the costs incurred to operate a commercial kitchen. She asked that food FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 24. 2014 -28 - CITY OF KITCHENER 3. FCS-14-023 - FOOD TRUCKS AND SPECIAL EVENTS (CONT'D) trucks be allowed to operate across the City as a means of providing a level competitive playing field between with brick and mortar restaurants. She commented that the City's licencing fees could possibly be applied based on a food truck's square footage or its hours of operation. Ms. Shannon Weber, Downtown Kitchener BIA, advised that the BIA does not have an established position on the issue of food trucks. She indicated that the BIA held a focus group on this matter in the fall of 2013 and would be willing to have further discussions with the various stakeholders. She noted that unless it is a BIA sponsored event, all Downtown restaurants are also subject to paying the same festival fees as outlined by the food truck operators. Councillor B. Vrbanovic brought an amended version of the recommendation contained in Report FCS-14-023 forward for consideration, directing staff to consult with the industry and other affected parties and report back to the April 28, 2014 Finance and Corporate Services Committee meeting with appropriate regulations and license fees, with consideration being given to possible zones of operation and a reduction in the currently setback distance. Councillor F. Etherington suggested that when staff are investigating this matter they should further review how difficult it is to undertake inspections of food trucks. Councillor Y. Fernandes suggested that consideration be given to permitting food trucks to operate at the Southwest Optimist Park as well as the section of Victoria Park close to the playground equipment. She further requested that additional information should be provided outlining the best practices adopted by other municipalities with respect to the licencing of food trucks. The following motion was voted on and was Carried Unanimously on a recorded vote. On motion by Councillor B.Vrbanovic- it was resolved: "That food trucks continue to be licenced as special events under Kitchener Municipal Code Chapter 586 (Refreshment Vehicles); and, That staff be directed to consult with the industry and other affected parties and report back to the April 28, 2014 Finance and Corporate Services Committee meeting, or earlier, with appropriate regulations and license fees, which would consider the following: • possible food truck zones at McLellan Park, Huron Natural Area / Huron Industrial Park area, Budd Park (subject to discussions with Kitchener Soccer), Southwest Optimist Park, Victoria Park and others locations that may identify for possible licensing in the 2014 calendar year; and, • possible food truck zone in the former Bramm Street yards/ Innovation District area, as well as the Kitchener Operations Facility, for possible commencement to license in the 2014 calendar year; and, • begin a formal discussion process with the City's Business Improvement Areas about the enhanced role, beyond special events, that food trucks could play in those areas, for a report and possible licensing later in 2014 or in 2015; and, • a possible reduction to the existing 200 meter and 400 meter distance separations listed in Kitchener Municipal Code Chapter 586 (Refreshment Vehicles), which would apply to food trucks, based on best practices in place or being considered in other cities; and further, That subject to the final resolution on this matter, staff be directed to undertake an annual review to the approach taken to licence food trucks." FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 24. 2014 -29 - CITY OF KITCHENER 4. CAO-14-006 - DOWNTOWN DEVELOPMENT CHARGE EXEMPTIONS -FOLLOW UP Councillor B. loannidis declared a pecuniary interest as he owns property within the boundaries of Downtown Kitchener; and accordingly, he did not take part in any discussions or voting regarding this matter. Councillor P. Singh declared a pecuniary interest as members of his family own property within the boundaries of Downtown Kitchener; and accordingly, he did not take part in any discussion or voting regarding this matter. The Committee considered Chief Administrator's Office report CAO-14-006, dated February 1, 2014 concerning the Downtown Development Charge (DC) exemption incentive program. In addition, the Committee was in receipt of correspondence from Ms. Mary Ann Wasilka, dated October 2013. Ms. Mary Ann Wasilka reviewed her circulated correspondence and expressed concerns that DC exemptions perpetuate urban sprawl. She added that the City should increase the DC fees being charged to suburban area developers, as a means of recovering the actual costs incurred by a municipality to construct a new subdivision. Mr. James Howe addressed the Committee, indicating that the Downtown DC exemptions should continue to be applied and the boundary should be extended to encapsulate the lands in the Market District. Messrs. Paul Poupolo, Polocorp Inc. and Larry Kotseff, Fusion Homes, gave a presentation encouraging the City to consider extending the financial incentives program and the DC exemption to lands in the King Street East area up to Betzner Avenue South until 2020 following which a review of the program could be undertaken. Mr. Kotseff spoke to the three phases of development anticipated for 471-481 King Street East. He stated that the existing property tax being generated by those lands is approximately $65,000. a year. He estimated that following the completion of the final phase of development, the subject lands would generate $960,000. annually in property tax revenue. He confirmed that without the extension of the financial incentives and DC exemptions, there would be no impetus to proceed with developing that site at this time. He added that the development would most likely be delayed until after the completion of the Region of Waterloo's Light Rail Transit(LRT) project. Messrs. Peter Benninger, Coldwell Banker Peter Benninger Realty, and Harry Whyte, Ray of Hope, circulated copies of a presentation regarding the Ray of Hope Development Site, which is bound by 432 Charles Street East, 851 King Street East and 5 Stirling Avenue South. Mr. Benninger indicated that the potential development of this site could include 250 residential units and 40,000 square feet of commercial space. He stated that if the DC exemptions were extended to include this site the City would forego approximately $853,400 in DC fees; however, the tax revenue generated for the site over a five year period would be $5,312,035. He commented that the City's portion of that would be $1,689,227. He noted that this was a former brownfield site and they are currently in the process of obtaining a record of site condition. He confirmed that they are requesting that the City consider extending the boundary of the Downtown DC exemption to Ottawa Street, which would subsequently encapsulate the Ray of Hope lands. On motion, Councillor D. Glenn-Graham brought the recommendation contained in Report CAO-14-006 forward for consideration with a revised Clause 2, proposing that the Downtown boundary be extended to Betzner Avenue for the purpose of providing DC exemptions to include this area. Several members spoke to the need for additional information outlining the financial impact of extending the Downtown boundary to Stirling Avenue or Ottawa Street. Councillor K. Galloway-Sealock added that it would be important to know whether the Region of Waterloo would also consider extending their boundary in a similar fashion. FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 24. 2014 -30 - CITY OF KITCHENER 4. CAO-14-006-DOWNTOWN DEVELOPMENT CHARGE EXEMPTIONS - FOLLOW UP (CONT'D) Mayor C. Zehr requested that information be provided on the potential to include a provision within the new DC By-law for a review to be undertaken to determine if the Downtown DC exemptions should continue beyond the life of that By-law. A motion was brought forward by Councillor F. Etherington to defer consideration of Clause 2 of Councillor Glenn-Graham's motion to the March 3, 2014 Council meeting, pending the receipt of additional information. Councillor Etherington's deferral motion was then voted on and was Carried on a recorded vote with Mayor C. Zehr and Councillors K. Galloway-Sealock, D. Glenn-Graham, F. Etherington, Y. Fernandes, S. Davey and B. Vrbanovic voting in favour; and Councillors Z. Janecki and J. Gazzola voting in opposition. Due to their disclosed pecuniary interests, neither Councillors B. loannidis nor P. Singh participated in this vote. The following motion was voted on and was Carried on a recorded vote with Mayor C. Zehr and Councillors K. Galloway-Sealock, D. Glenn-Graham, F. Etherington, S. Davey and B. Vrbanovic voting in favour; and Councillors Z. Janecki, Y. Fernandes and J. Gazzola voting in opposition. Due to their disclosed pecuniary interests, neither Councillors B. loannidis nor P. Singh participated in this vote. On motion by Councillor D. Glenn-Graham- it was resolved: "That approval be given in principle to exclude that Downtown Kitchener from the development charge calculations and application of the by-law, resulting in no growth- related capital costs associated with Downtown Kitchener being included in the Background Study and no development charges being levied on development in the Downtown, subject to the 2014 Development Charges Background Study being received, and the 2014-2019 Development Charges By-law being approved; and, That consideration of the following be deferred to the March 3, 2014 Council meetinq pending the receipt of additional information on the financial impact of extending the Downtown boundary to Stirling Avenue or Ottawa Street, whether the Region of Waterloo would also consider extending their boundary in a similar fashion, and the potential to include a provision within the new Development Charges (DC) By-law for a review to be undertaken to determine if the Downtown DC exemptions should continue beyond the life of that By-law: `That the Downtown boundary be extended to Betzner Avenue for the purpose of providing Development Charges exemptions to include this area,and further,' That through the development of the 2014 Development Charges By-law, a clear intention be established to discontinue the Downtown exemption prior to the subsequent Development Charges Background Study and By-law, currently anticipated for 2019." 5. CAO-14-012 - DOWNTOWN PATIO ENCROACHMENT POLICY The Committee considered Chief Administrator's Office report CAO-14-012, dated February 11, 2014 recommending amendments to Council Policy 1-1205 (Outdoor Patio Encroachments) and the fees and charges schedule relating to the Patio Encroachment Fee. On motion by Councillor B.Vrbanovic- it was resolved: "That Council Policy 1-1205 (Outdoor Patio Encroachment), be amended in the form shown in the appendix attached to Chief Administrator's Office report CAO-14-012, making minor modifications to the Downtown Patio Encroachment Policy; and further, FINANCE AND CORPORATE SERVICES COMMITTEE FEBRUARY 24. 2014 -31 - CITY OF KITCHENER 5. CAO-14-012 - DOWNTOWN PATIO ENCROACHMENT POLICY(CONT'D) That the Fees and Charges Schedule be amended to establish a two-tiered Patio Encroachment Fee, whereby patios with an occupancy of 10 or fewer be charged $100 and patios with an occupancy of 11 seats or more be charged $319." 6. FCS-14-005 - OPEN GOVERNMENT INITIATIVE - OPEN ACTION PLAN, OPEN DATA IMPLEMENTATION AND REVISIONS TO ACCOUNTABILITY AND TRANSPARENCY POLICY(COUNCIL POLICY 1-15) The Committee considered Finance and Corporate Services Department report FCS-14-005, dated January 30, 2014 recommending the repeal and replacement of Council Policy 1-15 (Corporate Accountability and Transparency) as well as the approval of the Open Government Action Plan for 2014-2017. Mr. Michael Drucker, Open Data Waterloo Region, was in attendance in support of the open government initiative and the recommendation contained in Report FCS-14-005. The Committee then recessed at 4:38 p.m. and reconvened at 4:53 p.m. chaired by Councillor S. Davey,with all members present. 6. FCS-14-005 - OPEN GOVERNMENT INITIATIVE - OPEN ACTION PLAN, OPEN DATA IMPLEMENTATION AND REVISIONS TO ACCOUNTABILITY AND TRANSPARENCY POLICY(COUNCIL POLICY 1-15) (CONT'D) The Committee further considered Report FCS-14-005, recommending the repeal and replacement of Council Policy 1-15 (Corporate Accountability and Transparency) as well as the approval of the Open Government Action Plan for 2014-2017. Messrs. D. Chapman and Jury Konga, eGovFutures Group presented the report and responded to questions from the Committee. In response to questions, Mr. Chapman advised that future actions and initiatives pursued in support of Open Government and Open Data may have financial implications, which would be brought forward for direction as required. The following motion was then voted on and was Carried Unanimously on a recorded vote. On motion by Councillor B.Vrbanovic- it was resolved: "That Council Policy 1-15 (Corporate Accountability and Transparency) be repealed and replaced with the updated Policy attached as Appendix B to Finance and Corporate Services Department report FCS-14-005; and further, That the Open Government Action Plan for 2014-2017 be approved, attached as Appendix E to Report FCS-14-005, be approved and staff be directed to proceed with the following priority actions in 2014: • Participation: Community Engagement Policy and e-Participation initiatives; • Transparency: Open Data Launch; and, • Accountability: Strategic Plan Community Assessment, City Website and Accessible Reporting initiatives." 7. ADJOURNMENT On motion, this meeting adjourned at 5:42 p.m. C. Goodeve D. Saunderson Committee Administrator Committee Administrator