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HomeMy WebLinkAbout2016-03-07 FINANCE AND CORPORATE SERVICES COMMITTEE MARCH 7, 2016 CITY OF KITCHENER The Finance and Corporate Services Committee met this date commencing at 9:33 a.m. Present: Councillor S. Davey - Chair Mayor B. Vrbanovic and Councillors Y. Fernandes, K. Galloway-Sealock, J. Gazzola, B. Ioannidis, S. Marsh, D. Schnider and P. Singh. Staff: J. Willmer, Chief Administrative Officer D. Chapman, Deputy CAO, Finance & Corporate Services M. May, Deputy CAO, Community Services C. Fletcher, Interim Executive Director, Infrastructure Services J. Readman, Interim Executive Director, Infrastructure Services C. Tarling, Director, Legislated Services & City Clerk M. Seiling, Director, Building K. Carmichael, Interim Director, Transportation Services T. Daniels, Manager, Licensing J. Oosterveld, Manager, Site Development & Customer Service T. Benedict, Manager, Building B. Cronkite, Interim Manager, Transportation Planning S. Vrentzos, Supervisor, Enforcement E. Mogck, Associate City Solicitor C. Goodeve, Committee Administrator Pursuant to Municipal Code Chapter 25 (Procedure), a motion was brought forward by Councillor J. Gazzola to discuss Consent Items 1, 2, 3 and 5, which was voted on and was Carried . FCS-16-033 - UNCOLLECTABLE UTILITY ACCOUNTS WRITE-OFF 1. The Committee considered Finance and Corporate Services Department report FCS-16-033, dated February 17, 2016 recommending the write-off of Uncollectable Utility Accounts. Responding to questions, Mr. D. Chapman confirmed that details regarding the specific write- offs are no longer circulated in accordance with changes enacted to Council Policy I-517 (Collections - Utility and Miscellaneous Receivable) in June 2014. He agreed to follow-up with information outlining the reasons behind the changes to the Policy On motion by Councillor K. Galloway-Sealock - it was resolved: “That uncollectable Utility Accounts amounting to $41,673. be written off against the Allowance for Doubtful Utility Receivables, as outlined in Finance and Corporate Services Department report FCS-16-033.” FCS-16-034 - UNCOLLECTABLE MISCELLANEOUS RECEIVABLE ACCOUNTS 2. WRITE-OFF The Committee considered Finance and Corporate Services Department report FCS-16-034, dated February 17, 2016 recommending that uncollectable Miscellaneous Receivable Accounts be written off against the Allowance for Doubtful Receivables. On motion by Councillor K. Galloway-Sealock - it was resolved: “That uncollectable Miscellaneous Receivable Accounts amounting to $64,188. be written off against the Allowance for Doubtful Receivables, as outlined in Finance and Corporate Services Department report FCS-16-034.” FCS-16-023 - 2016 STREET VENDOR BY-LAW 3. The Committee considered Finance and Corporate Services Department report FCS-16-023, dated February 23, 2016 recommending that Council consider the annual Street Vendors By- law with the addition of a renewal application deadline of May 31, 2016. FINANCE AND CORPORATE SERVICES COMMITTEE MARCH 7, 2016 - 15 - CITY OF KITCHENER FCS-16-023 - 2016 STREET VENDOR BY-LAW (CONT’D) 3. On motion by Councillor K. Galloway-Sealock - it was resolved: “That the annual Street Vendors By-law with the addition of a renewal application deadline of May 31, 2016 for vendors with currently-assigned locations, be prepared for Council’s consideration on March 21, 2016, as outlined in Finance and Corporate Services Department report FCS-16-023.” FCS-16-029 - REQUEST FOR MIDWAY - 1400 OTTAWA STREET SOUTH 4. - APRIL 29 - May 8 AND AUGUST 18 - 21, 2016 The Committee considered Finance and Corporate Services Department report FCS-16-029, dated February 24, 2016 recommending that Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, from April 28 to May 8 and August 18 to 21, 2016. On motion by Councillor K. Galloway-Sealock - it was resolved: “That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400 Ottawa Street South, from April 28 to May 8 subject to the following: Date of Operation Hours of Operation Music Off At Thursday, April 28 3:30 p.m. – 10:00 p.m. 8:00 p.m. Friday, April 29 3:30 p.m. – 11:00 p.m. 10:00 p.m. Saturday, April 30 10:00 a.m. – 11:00 p.m. 10:00 p.m. Sunday, May 1 11:00 a.m. – 10:00 p.m. 8:00 p.m. Monday, May 2 - Thursday, May 5 3:30 p.m. – 10:00 p.m. 8:00 p.m. Friday, May 6 3:30 p.m. – 11:00 p.m. 10:00 p.m. Saturday, May 7 10:00 a.m. – 11:00 p.m. 10:00 p.m. Sunday, May 8 11:00 a.m. – 8:00 p.m. 8:00 p.m.; and, That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400 Ottawa Street South, from August 18 to 21, 2016, subject to the following: Date of Operation Hours of Operation Music Off At Thursday, August 18 3:30 p.m. – 10:00 p.m. 8:00 p.m. Friday, August 19 3:30 p.m. – 11:00 p.m. 10:00 p.m. Saturday, August 20 10:00 a.m. – 11:00 p.m.10:00 p.m. Sunday, August 21 11:00 a.m. – 10:00 p.m.8:00 p.m.; and further, That the required licences with approvals from the City of Kitchener Planning and Operations Divisions, and Region of Waterloo Public Health be obtained prior to operating the Midway for April 28 to May 8, 2016 and August 18 to 21, 2016, as outlined in Finance and Corporate Services Department report FCS-16-029.” FCS-16-031 - 2016 DONATIONS MADE TO CITY-RELATED ORGANIZATIONS 5. The Committee considered Finance and Corporate Services Department report FCS-16-031, dated February 17, 2016 recommending that donations received by Kitchener in 2016 on behalf of City-related organizations be redistributed to those organizations to ensure eligibility for income tax receipts. On motion by Councillor K. Galloway-Sealock - it was resolved: “That for fiscal 2016, donations received by the City of Kitchener on behalf of City- related organizations, namely Minor Sports Groups, Neighbourhood Associations, KW Golf Committee and the KW Chamber of Commerce Physicians Recruitment and Advocacy Group, be redistributed to those organizations as intended by the donor, as outlined in Finance and Corporate Services Department report FCS-16-031.” FINANCE AND CORPORATE SERVICES COMMITTEE MARCH 7, 2016 - 16 - CITY OF KITCHENER INS-16-015 - PIONEER DRIVE BRIDGE REHABILITATION – CONSULTANT PURCHASE 6. ORDER INCREASE The Committee considered Infrastructure Services Department report INS-16-015, dated January 25, 2016 recommending approval of an extension of the purchase order issued to Cima+ for the rehabilitation of the Pioneer Drive Bridge. On motion by Councillor K. Galloway-Sealock - it was resolved: “That an extension of the purchase order issued to Cima+ for Engineering Consultant services related to the rehabilitation of the Pioneer Drive Bridge in the amount of $3,500.00. be approved, as outlined in Infrastructure Services Department report INS- 16-015.” INS-16-016 - MOORE AVENUE RECONSTRUCTION – CONSULTANT PURCHASE 7. ORDER INCREASE The Committee considered Infrastructure Services Department report INS-16-016, dated January 25, 2016 recommending approval of an extension of the purchase order issued to Meritech Services Inc. for the reconstruction of Moore Avenue between Emma Avenue and the City of Waterloo. On motion by Councillor K. Galloway-Sealock - it was resolved: “That an extension of the purchase order issued to Meritech Services Inc. for Engineering Consultant services related to the reconstruction of Moore Avenue between Emma Avenue and the City of Waterloo in the amount of $1,208.95. be approved, as outlined in Infrastructure Services Department report INS-16-016.” FCS-16-035 - WAG N TRAIN – DISTANCE SEPARATION BUSINESS LICENSING 8. APPEAL The Committee considered Finance and Corporate Serviced Department report FCS-16-035, dated February 25, 2016 regarding an appeal filed by the ‘Wag N Train’ to the distance separation requirements outlined in Municipal Code Chapter 531 (Dog - Kennels - Breeding - Boarding - Doggie Daycare), which does not permit the operation of a doggie daycare within 200 metres of any residential properties. In addition, the Committee was in receipt of a memorandum from Ms. T. Daniels, dated March 4, 2016 attached to which were the comments received by the Manager of Licensing regarding the subject appeal, in accordance with Council Policy I-860 (Licence Appeals - Distance Separation). The Committee was also in receipt of an information package submitted by Ms. Ellie Ross giving a history of the ‘Wag N Train’ as well as over 600 signatures to a petition and multiple letters in support of the continued operation of the business. Councillor K. Galloway-Sealock advised that while she does not have a pecuniary interest in this matter, for transparency she indicated her brother was a signatory to the petition in support of the ‘Wag N Train.’ Ms. T. Daniels presented an overview of this matter, which specifically relates to this business being in non-compliance with the 200 metre distance separation from residential properties. She advised Council Policy I-860 stipulates that when a distance separation is not achieved, the licence cannot be issued; accordingly, ‘Wag N Train’s’ business licence renewal was denied. She added the Policy affords the business owner the opportunity to appeal and request Council’s permission to continue operations notwithstanding their non-compliance with the distance separation requirements. She acknowledged that ‘Wag N Train’ was granted a licence to operate a Doggie Daycare Class II in May of 2015. She noted that while the business is a permitted use under the City’s Zoning Bylaw, site plan requirements are not being met. She indicated that in late 2015, staff became aware of subsequent issues with this business. At that time it was also identified that a neighbourhood information session, which FINANCE AND CORPORATE SERVICES COMMITTEE MARCH 7, 2016 - 17 - CITY OF KITCHENER FCS-16-035 - WAG N TRAIN – DISTANCE SEPARATION BUSINESS LICENSING 8. APPEAL (CONT’D) was supposed to be held when the business originally sought its licence, never took place. Accordingly, as a part of this process staff ensured that everyone within a 400 metre radius was notified of the renewal application and the appeal process. She commented staff are committed to working with the business owner to seek out solutions to the various issues impacting its operation. Mr. Patrick Kraemer, Duncan Linton LLP, and Ms. Ellie Ross, ‘Wag N Train’, reviewed the circulated information package, advising that ‘Wag N Train’ has operated at various locations since 1999; and, has been at its current location since May 2015. She indicated prior to relocating to 386 Maple Avenue, she consulted with the City to ensure the property was appropriately zoned and to seek the necessary building permits. She acknowledged that the site plan filed with the City by her landlord differs from the one contained in her lease, as it shows parking spaces in an area currently occupied by an outdoor dog run. She referred to a revised site plan included with the information package, stating parking is only required when dog training sessions are taking place, which occur after the daycare is closed and the dog run is not in use. She commented that accordingly the gates to the dog run could be opened, which would allow this area to be used for parking. She indicated that since moving to the current location they have received one noise complaint from a nearby business who primarily operates during the weekend; and as such, she agreed not to operate during that time. She spoke to some of the noise mitigation measures that she installed at 386 Maple Avenue, estimating the cost for the renovations at approximately $100,000. She referred to the numerous letters of support included in the information package and requested that the Committee approve the renewal of the business licence for ‘Wag N Train.’ Responding to questions, Ms. Ross confirmed ‘Wag N Train’s’ hours of operation as being from 7:00 a.m. to 7:00 p.m., noting that one of the comments submitted by an area resident cited concerns with dogs barking during the night for the past six years. She confirmed her willingness to comply with conditions that may be applied to the business licence, such as: a revised site plan; addressing non-compliant signage; and, implementing measures to further mitigate noise. She expressed concerns regarding the potential financial implications of relocating the fence for the dog run. Ms. Krystal Behrendt, Code Yellow Towing addressed the Committee in opposition to the issuance of a business licence to ‘Wag N Train.’ She indicated Code Yellow Towing shares a fence with ‘Wag N Train’, adding there is constant and consistent barking emanating from that business throughout the day. She stated this makes it difficult for them to conduct business and creates a distracting / difficult environment when her customers are retrieving items and/or inspecting their vehicles. She spoke to the adverse impact this has had on her business, noting the amount of noise created by the barking dogs could result in a loss of customers. In response to questions, Ms. Behrendt acknowledged ‘Wag N Train’ was in operation when her business opened last year. Ms. Kelly Hall and Mr. Landon Hall, area residents, addressed the Committee in support of the issuance of a business licence to ‘Wag N Train.’ Mr. Hall indicated they conducted a survey of the surrounding neighbourhood, and most residents expressed overwhelming support for ‘Wag N Train.’ He noted comments were received regarding industrial noise generated by the other businesses in the area, but no one raised concerns with the ‘Wag N Train.’ Ms. Hall added there are numerous dogs which reside in this neighbourhood and it is common to hear barking emanating from a multitude of homes in the area. In response to questions regarding ‘Wag N Train’s’ site plan, Ms. J. Oosterveld advised that the demarcation of parking spaces was not undertaken by the business, as required by its site plan. She acknowledged that revisions to the site plan could be pursued once a resolution has been reached regarding the issuance of the business license. In response to questions regarding noise complaints, Mr. S. Vrentzos confirmed that Enforcement staff received three noise complaints regarding the subject business in 2015. He indicated two were from other area businesses and one was filed anonymously. He agreed to circulate additional information regarding the number of noise complaints that have been received due to residential dogs in this area. FINANCE AND CORPORATE SERVICES COMMITTEE MARCH 7, 2016 - 18 - CITY OF KITCHENER FCS-16-035 - WAG N TRAIN – DISTANCE SEPARATION BUSINESS LICENSING 8. APPEAL (CONT’D) Responding to questions, Ms. Daniels advised that ‘Wag N Train’s’ was not required to cease operations during this process. Concerning the original information session, it was indicated that while the City had a responsibility to create the distribution list the onus is on the business owner to facilitate the meeting. She stated Ms. Ross has confirmed she was aware of this requirement. A motion was brought forward by Councillor S. Marsh to approve the issuance of the business licence to ‘Wag N Train’ subject to conditions addressing its site plan, noise mitigation measures, outdoor signage and overnight boarding. Additionally, staff were directed to arrange a site visit of the subject business in advance of the April 25, 2016 Council meeting. Mayor B. Vrbanovic noted that several different times for the site visits should be set aside to avoid the possibility of a quorum of Council from being present. Carried The following motion was voted on and was on a recorded vote, with Mayor B. Vrbanovic and Councillors D. Schnider, K. Galloway-Sealock, B. Ioannidis, S. Davey, P. Singh, Y. Fernandes and S. Marsh voting in favour; and, Councillor J. Gazzola voting in opposition. Councillors Z. Janecki and F. Etherington were absent and accordingly did not vote. On motion by Councillor S. Marsh - it was resolved: “That, notwithstanding the requirement for a 200-metre distance separation from any residential zone, as outlined in Finance and Corporate Services Department report FCS-16-035, the issuance of a Doggie Daycare Class II licence for ‘Wag N Train’ located at 386 Maple Avenue, Kitchener, be approved, subject to the following conditions: • Comply with revised site plan once it has been approved; • Implementation of both indoor and outdoor permanent noise mitigation measures; • Comply with the City’s Sign By-law, including obtaining any permits or variance if required, for all outdoor signage; and, • Ceasing of overnight boarding of dogs in accordance with Municipal Code Chapter 531 (Dog - Kennels - Breeding - Boarding - Doggie Daycare); and further, That staff be directed to approach the business owner to arrange for members of Council to tour the ‘Wag N Train’ in advance of the April 25, 2016 Council meeting.” CSD-16-010 - TERMITE PILOT PROJECT – 2015 REVIEW 9. The Committee considered Community Services Department report CSD-16-010, dated February 25, 2016 recommending a revised Termite Control Program over the next 3-5 years for the area bound by Briargate Drive and Greenock Drive. In response to questions, Mr. T. Benedict indicated that the pilot program was successful at containing the termites within the subject area. He advised a specialist, who holds the appropriate permits from the provincial and federal governments, would need to be retained if the City wished to apply more aggressive chemical treatments to address this issue. He acknowledged private homeowners could use those chemicals if they acquired the necessary permits. Responding to questions regarding possible sources of funding for the initiative, Mr. M. Seiling confirmed in accordance with the restrictions outlined in the Building Code Act, the revenues from the Building Enterprise could not be used to fund the termite control program On motion by Councillor P. Singh - it was resolved: FINANCE AND CORPORATE SERVICES COMMITTEE MARCH 7, 2016 - 19 - CITY OF KITCHENER CSD-16-010 - TERMITE PILOT PROJECT – 2015 REVIEW (CONT’D) 9. “That in-kind funding continue for the area bound by Briargate Drive and Greenock Drive (23 properties) for the following in 2016: a) Application of Entomopathogenic Nematodes in the Spring and Fall of 2016; b) Continue the weekly monitoring of 177+/- traps within the ‘red’ zone; c) Organize annual spring and fall yard clean-up weekends; and, That funding for 2016 come from the General Capital Contingency account, and that future funding requirements be referred to the 2017 budget process; and further, That staff be directed to: a) Remove 138 +/- monitoring traps in the “outer” ‘blue’ zone; and, b) Continue the monthly monitoring of 145+/- traps in the “inner” ‘blue’ zone on 49 properties, as outlined in Community Services Department report CSD-16-010.” The Committee recessed at 11:25 a.m. and reconvened at 11:33 a.m., Chaired by Councillor S. Davey with all members present except for Councillor Z. Janecki and F. Etherington. INS-16-024 - LED STREET LIGHTING REPLACEMENT PROGRAM 10. The Committee considered Infrastructure Services Department report INS-16-024, dated February 9, 2016 recommending the implementation of a Light Emitting Diode (LED) street light replacement program. In addition, the Committee was in receipt of email correspondence from Mr. Shawn Nielsen citing concerns with aspects of the proposed LED replacement program. Mr. B. Cronkite presented the staff report, advising the proposed conversion to LED street lights would result in a reduced consume of approximately 6,000,000 KWH less electricity on an annual basis than the current street light program. He added the City could save over $1M in maintenance and electricity annually as well as Nearly 500 tonnes of greenhouse gasses (GHG’s). He indicated an LED replacement program provides an opportunity to implement an integrated network with adaptive controls for the street light system, which could result in additional future benefits to the City. He noted the retrofit program will cost approximately $7M, before potential grant and incentive opportunities; however, due to the potential savings the program would pay for itself within approximately eight years. At the request of Councillor P. Singh, the Committee agreed to direct staff to pursue all possible provincial and federal grant funding that could be applied to this program. On motion, Councillor B. Ioannidis brought the recommendation contained in Report INS-16- 024 forward for consideration. Councillor J. Gazzola requested that Clause 5 of the recommendation pertaining to the allotment of $300,000 from anticipated savings to fund the Smart City pilot be voted on separately. Carried Clause 5 was voted on and was on a recorded vote, with Mayor B. Vrbanovic and Councillors D. Schnider, K. Galloway-Sealock, B. Ioannidis, S. Davey, P. Singh, Y. Fernandes and S. Marsh voting in favour; and, Councillor J. Gazzola voting in opposition. Councillors Z. Janecki and F. Etherington were absent and accordingly did not vote. The balance of the recommendation contained in Report INS-16-024 was then voted on and Carried Unanimously was on a recorded vote by all members present. On motion by Councillor B. Ioannidis - it was resolved: “That a Light Emitting Diode (LED) street light replacement program be undertaken to replace the existing High Pressure Sodium (HPS) street light fixtures, as outlined in Infrastructure Services Department report INS-16-024; and, FINANCE AND CORPORATE SERVICES COMMITTEE MARCH 7, 2016 - 20 - CITY OF KITCHENER INS-16-024 - LED STREET LIGHTING REPLACEMENT PROGRAM (CONT’D) 10. That a narrowband adaptive control network be installed; and, That, in accordance with the capital investment philosophy, the capital costs of the project be funded by future operating budget savings; and, That an LED replacement reserve fund be created to fund the future replacement costs of LED streetlights as outlined in Appendix B of Report INS-16-024; and, That $300,000. from anticipated operating savings be set aside to fund Smart City pilot initiatives in 2017/2018; and further, That a Request for Information be prepared and circulated for the investigation of a City- wide broadband communication platform.” FCS-16-030 - 2015 YEAR-END VARIANCE REPORT 11. Pursuant to Chapter 25.10.9(5) (Procedure) of the Municipal Code, a motion was brought forward by Councillor Y. Fernandes to discuss an Information Item, which was voted on and Carried. was The Committee considered Finance and Corporate Serviced Department report FCS-16-030, dated February 22, 2016 regarding the variance between the City’s financial performance versus the 2015 budget. Mr. D. Chapman was in attendance and responded to questions from the Committee. CAO-16-009 - MAKE IT KITCHENER PROJECT SCHEDULE AND BUDGET ALLOCATION 12. Pursuant to Chapter 25.10.9(5) (Procedure) of the Municipal Code, a motion was brought forward by Councillor Y. Fernandes to discuss an Information Item, which was voted on and Carried. was The Committee considered Chief Administrator’s Office report CAO-16-009, dated February 18, 2016 outlining the proposed project scheduled and budget allocations from the Economic Development Reserve Fund to implement Make it Kitchener strategy. Mr. R. Regier was in attendance and responded to questions from the Committee. ADJOURNMENT 13. On motion, this meeting adjourned at 1:19 p.m. C. Goodeve Committee Administrator