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HomeMy WebLinkAboutFinance & Corp - 2004-04-26FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 26~ 2004 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 2:04 p.m. Present: Chair - Councillor B. Vrbanovic Mayor C. Zehr and Councillors J. Smola, J. Gazzola, M. Galloway and C. Weylie. Councillor G. Lorentz - in attendance for part of the meeting. Staff: R. Browning, Interim Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer G. Sosnoski, General Manager, Corporate Services & City Clerk L. MacDonald, Director of Legal Services & City Solicitor G. Stewart, General Manager, Development & Technical Services F. Pizzuto, General Manager, Downtown Development & Community Services C. Ladd, General Manager, Strategic Services J. Sheryer, Assistant City Solicitor J. Koppeser, Manager of Licensing S. Turner, Director of By-law Enforcement D. Quinn, Director of Utilities P. Bacon, Senior Economic Development Officer G. Richardson, Manager of Downtown Planning M. Lahn, Business Systems Analyst R. Gosse, Deputy City Clerk J. Billett, Committee Administrator CRPS-04-066 - EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE) - WORLD PARTNERSHIP WALK - VICTORIA PARK - MAY 307 2004 The Committee was in receipt of Corporate Services Department CRPS-04-066 (S. Turner), dated April 20, 2004 concerning a request for exemption under Chapter 450 (Noise) of the Municipal Code. On motion by Councillor M. Galloway - it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Aga Khan Foundation of Canada on May 30, 2004, from 11 A.M. to 3 P.M., to participate in the 2004 World Partnership Walk in Victoria Park." CRPS-04-070 - PERMISSION TO SELL REFRESHMENTS - WORLD PARTNERSHIP WALK - VICTORIA PARK - MAY 30, 2004 The Committee was in receipt of Corporate Services Department report CRPS-04-070 (J. Koppeser), dated April 19, 2004 concerning a request to sell refreshments in Victoria Park for a special event. On motion by Councillor M. Galloway - it was resolved: "That the request of the World Partnership Walk to sell refreshments in Victoria Park on the day of the walk, May 30, 2004 be approved, provided the necessary licence, including Health and Fire approval is obtained." CRPS-04-069 - REQUEST TO SELL REFRESHMENTS AND OPERATE BEER TENT - TRI-PRIDE COMMUNITY ASSOCIATION - VICTORIA PARK - JUNE 6, 2004 The Committee was in receipt of Corporate Services Department report CRPS-04-069 (J. Koppeser), dated April 19, 2004 concerning a request to sell refreshments and operate a beer tent in Victoria Park for a special event. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 48 - CITY OF KITCHENER CRPS-04-069 - REQUEST TO SELL REFRESHMENTS AND OPERATE BEER TENT - TRI-PRIDE COMMUNITY ASSOCIATION - VICTORIA PARK - JUNE 6, 2004 (CONT'D) On motion by Councillor M. Galloway - it was resolved: "That the request of the Tri-Pride Community Association to locate a beer tent in Victoria Park for the Tri-Pride Day Celebration on June 6, 2004 be approved; and, That the Tri-Pride Community Association be permitted to invite a maximum of 40 food and merchandise vendors to sell in Victoria Park during the Tri-Pride Day Celebration on June 6, 2004, provided the necessary licence is obtained and that a reduced licence fee of $10. be applicable; and, That the Tri-Pride Community Association be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at Victoria Park on June 6, 2004; and, That the Tri-Pride Community Association comply with Chapter 503 (Adult entertainment) and Chapter 502 (Adult Goods Outlets) of the Municipal Code; and further, That since this event is a celebration of community harmony and diversity, it be designated as an event of 'Municipal Significance' for the purpose of applying for a liquor licence.' CRPS-04-068 - REQUEST FOR VARIOUS EVENTS IN DOWNTOWN KITCHENER DURING 2004 The Committee was in receipt of Corporate Services Department report CRPS-04-068 (J. Koppeser), dated April 19, 2004 concerning a request to sell refreshments, merchandise and alcohol for various events in Downtown Kitchener and to designate several of the events as an event of "Municipal Significance". At the request of staff, it was agreed to revise the fourth paragraph of the recommendation contained in report CRPS-04-068 by deleting the phrase "World Beat Event, held on June 24, 2004" and replacing it with the phrase "Tapestry Event, held on June 23 & 24, 2004" and to revise schedule "C" attached to report CRPS-04-068 by deleting all reference to the World Beat Event under the headings "Name of Event"; "Dates in 2004"; and "Place" and adding the following in its place under the respective headings: Tapestry Event; June 23 & 24, 2004; and Victoria Park Pavillion. On motion by Councillor M. Galloway - it was resolved: "That the request for the sale of food and/or merchandise on City property during various events being conducted from May to December 2004, listed on Schedule 'A' of Corporate Services Department report CRPS-04-068 be approved, provided the necessary licences, including Health and Fire approval, are obtained; and, That the request for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for the events listed on Schedule 'B' of report CRPS-04-068 be granted; and, That the request for permission to sell alcohol on City property for the events listed on Schedule 'C' of report CRPS-04-068 be granted; and, That since the Tapestry event, held on June 23 & 24, 2004, is a celebration of our unique ethnic heritage, it be designated as an event of 'Municipal Significance' for the purpose of applying for a liquor licence; and further, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 49 - CITY OF KITCHENER CRPS-04-068 - REQUEST FOR VARIOUS EVENTS IN DOWNTOWN KITCHENER DURING 2004 (CONT'D) That Blues, Brews and BBQ's being held on August 6, 7 & 8, 2004 and Christkindlmarket being held December 1 to 5, 2004, be declared 'Community Festivals' for the purpose of applying for a liquor licence." CRPS-04-071 - APPEAL OF MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLES) - REQUEST TO LOCATE A HOT DOG CART AT 730 OTTAWA STREET SOUTH The Committee was in receipt of Corporate Services Department report CRPS-04-071 (J. Koppeser), dated April 19, 2004 concerning a request to operate a hot dog cart on a commercial property. Ms. Christine Helgerman attended on behalf of Kevin Helgerman, the applicant, in support of the request and to answer questions. Ms. J. Kopppeser advised that regulations governing refreshment vehicles require that they not be located within 200 metres of a licensed place of refreshment. She pointed out that there are 9 places of refreshment within the 200 metre distance separation and all were notified of the request to operate the hot dog cart. She advised that no objections were received. In response to questions, Ms. Koppeser advised that appeals were received from 2 hot dog cart operators and should Council grant the request it is intended to allow the property owner to decide which operator will operate on their property. On motion by Councillor J. Gazzola - it was resolved: "That notwithstanding provisions of section 3.15 (a) of Chapter 586 of the City of Kitchener Municipal Code, permission be granted to the issuance of one (1) licence to operate a Hot Dog Cart at 730 Ottawa Street South (RONA); and further, That the owner(s) of 730 Ottawa Street South shall have discretion to decide who shall be issued the licence to operate the Hot Dog Cart on their property." CRPS-04-072 - APPEAL OF MUNICIPAL CODE CHAPTER 549 (ITINERANT, TEMPORARY AND PERMANENT VENDORS) - DISTANCE SEPARATION REQUIREMENT FOR FLOWER VENDOR The Committee was in receipt of Corporate Services Department report CRPS-04-072 (J. Koppeser), dated April 19, 2004 concerning a request to amend Chapter 549 of the City of Kitchener Municipal Code with respect to the distance separation for a temporary vendor. Mr. Sean Miller, Miller Enterprises, attended in support of his request, advising that he operates 9 temporary vendor locations for the purpose of selling cut flowers and produce in the City and also leases warehouse space on Guelph Street year round. Mr. Miller was denied permission to operate at the corner of Morgan and King Street as this location is within the 400 metre distance separation of a florist shop. He pointed out that while he operates on Good Friday / Easter Monday and accommodates impulse buying, the florist is closed and caters to a differing clientele. He suggested that the regulation for distance separation is too vague and raised concerns that it appears to be directed at his business. Mayor C. Zehr advised that the regulation was a result of a comprehensive review where in it was deemed appropriate to implement measures of fairness for permanent vendors who pay annual property taxes and was not directed solely at Mr. Miller's business, but rather at any business that sets up operation to take advantage of seasonal events. Mr. Miller commented that the florist is located within a plaza complex and as the 400 metre distance separation is measured from the property line of the plaza he is required to locate further than 400 metres from the actual location of the florist shop. APRIL 26, 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 50 - CITY OF KITCHENER CRPS-04-072 - APPEAL OF MUNICIPAL CODE CHAPTER 549 (ITINERANT, TEMPORARY AND PERMANENT VENDORS) - DISTANCE SEPARATION REQUIREMENT FOR FLOWER VENDOR (CONT'D) Mr. Steven Crain, Hiway Flowers, attended in opposition of the request to revise regulations pertaining to the distance separation, stating that in his opinion, 400 metres was a fair compromise and was in place for the right reasons. He commented that as a permanent vendor he carries overhead costs relative to property taxes and advertising that temporary vendors do not share in and he is not allowed by law to be open on Good Friday. He added that he sells similar products to that of Mr. Miller and suggested that if allowed to operate in a desired location, he should share in a percentage of the overhead costs. Councillor B. Vrbanovic advised that he could not support the request, commenting that the distance separation was developed as a fair compromise to serve the needs and business practices of permanent vendors and raised concerns that a change could result in a proliferation of temporary vendors at peak selling times. Mayor C. Zehr agreed, suggesting that no action should be taken pending a comprehensive review of all Licensing By-laws as required by the new Municipal Act and if as a result of the review it is determined a change should be implemented, it could be dealt with at that time. On motion by Mayor C. Zehr - it was resolved: "That no action be taken at this time on the request of Mr. Shawn Miller, Miller Enterprises, to revise Section 2.12 of Chapter 549 of the City of Kitchener Municipal Code (Licence - Itinerant Temporary Vendor / Permanent - Temporary Markets) regarding distance separation, pending a comprehensive review of all licensing by-laws as required under the new Municipal Act." DELEGATION PRESENTATION - OFFER TO PURCHASE - GROVE DRIVE Mr. Al Way, 1581780 Ontario Limited, attended in support of an Offer to Purchase a small strip of land on Grove Drive, situate between two properties he owns at 78 Grove Drive (a residential property) and 685 Fischer-Hallman Road (a commercial development). Mr. Way advised that he intends to add the strip of land to 78 Grove Drive and apply for a zone change to facilitate further development to connect his 2 properties as one entity. He pointed out that the City undertook an appraisal of the land and he was in disagreement with the end value applied. He pointed out that the evaluation of the land was based on comparisons to established developments whereas the subject lands are not yet zoned or serviced and will require considerable work to bring it to a serviceable level. He advised that he undertook to have another appraisal completed and submitted an Offer to Purchase on April 20, 2004 based on the results of the second appraisal. Mr. Way noted that he had received a letter dated April 23, 2004 from Ms. L. MacDonald, City Solicitor, advising that staff will be recommending refusal of the Offer to Council in a caucus session later this date and asked for direction with respect to Council's interest in selling the property. Mayor C. Zehr advised Mr. Way that Council will give direction to staff later this date in the caucus session respecting this matter and he will be advised of the outcome. In response to questions, Mr. Way clarified that the second appraisal was a Letter of Opinion based on the first appraisal and explains why a lesser value should be applied respecting the conditions of the land. He also clarified that 'entrepreneurial profit' was included in the end value because his proposal to add the strip of land to his property on Grove Drive builds in value by enhancing its saleability whereas it is not developable on its own. At the request of Councillor M. Galloway, Mr. Way provided a copy of a preliminary site plan for later review during Council's caucus discussions. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 51 - CITY OF KITCHENER DELEGATION PRESENTATION - FINAL REPORT OF JOINT TASK FORCE ON SHARED LIBRARY SERVICES The Committee was in receipt of the Final Report of the Joint Task Force on Shared Library Services, outlining a summary of findings regarding areas of possible co-operation between the Waterloo Public Library (WPL) and Kitchener Public Library (KPL), as submitted by the KPL. Mr. Brian Issac, Chair of the KPL Board and Ms. Ann Wood, CAO - KPL, presented details of the findings of the Joint Task Force, highlighting the following: KPL philosophically agrees with the concept of reciprocal borrowing, however, has concerns with the impact on library services given the complexities associated with differences in per captia funding and KPL's larger collection; KPL will undertake a fact finding exercise to assess impact to the community regarding library services with recommendations to follow; · KPL supports the concept of a Universal Library Card, however, is of the opinion this initiative requires Province-wide support and funding; a comprehensive review of purchasing practices, exclusive of collections, was undertaken and KPL has shared its contact information relative to a Waterloo Region buying consortium with WPL; a library consortium is also being developed at the Provincial level that could potentially benefit both libraries; KPL will review WPL's tender for collection purchases and examine the possibility of participating in the tender. Mr. Issac advised that the work of the Joint Task Force is substantially complete, with the exception of the discussions concerning the concept of a joint library. He pointed out that independent municipal studies are being conducted to examine options for library services in Waterloo and development of the Downtown Centre Block in Kitchener. Once respective Council's have reviewed and acted on, or given direction, concerning recommendations of the studies, he advised that the Joint Task Force may reconvene to address the issue of a joint library. In the interim, Mr. Issac advised that discussions will continue among senior staff of the respective libraries to further examine possible areas of co-operation. Mr. Issac and Ms. Wood responded to a number of questions during which it was noted that at this time there does not appear to be interest in Waterloo for a joint library and KPL is of the opinion that it will require political direction. The delegations also agreed that shifting of funds (ie. annual cost accounting) to equalize differences in per capita should be examined relative to a reciprocal agreement; however, it will require co-operation of all libraries in the Region. In response to Mayor C. Zehr, Ms. P. Houston agreed to provide Council with actual per capita figures for Waterloo and Kitchener once known. Councillor B. Vrbanovic suggested that the KPL Board be asked to consider phasing out the Library's non-resident fee. Mayor C. Zehr and several members of Council agreed that the suggestion has merit; however, expressed the opinion that investigations concerning a capital funding formula relative to per capita dollars and the implications of increased costs to library services should be completed prior to any discussions respecting the issue of non-resident fees. Mr. Issac pointed out that KPL accrues $50,000. in revenue from collection of non- resident fees and agreed to undertake a costing model to demonstrate the impact of phasing out these fees. Councillor M. Galloway stated that it would be desirable to have a comprehensive review of all issues and asked that the KPL Board be given an opportunity to assess comments made this date and report back with a suggested approach. CSD-04-079 - LIQUOR LICENCE APPLICATIONS REVIEW - SAMMY'S GARAGE AND REC ROOM AT 400 KING STREET WEST - STAGES AT 312 KING STREET WEST The Committee was in receipt of Community Services Department report CSD-04-079 (G. Richardson), dated April 19, 2004 concerning applications to the Alcohol and Gaming Commission of Ontario (AGCO) for liquor licences relative to 400 King Street West (Sammy's Garage and Rec Room) and 312 King Street West (Stages). FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 26~ 2004 - 52 - CITY OF KITCHENER 9. CSD-04-079 - LIQUOR LICENCE APPLICATIONS REVIEW - SAMMY'S GARAGE AND REC ROOM AT 400 KING STREET WEST - STAGES AT 312 KING STREET WEST (CONT'D) Mr. Jim Flynn, applicant, attended to raise concerns respecting wording of Conditions 3, 4 and 5 as they would apply to his liquor licences. He questioned the ramifications of exceeding the set 60% ratio of alcohol sales to gross refreshment sales as specified in Condition 3. With respect to Condition 5, he commented that even though he may cease to operate it would not necessarily mean that he would no longer own the establishment. In this regard, he suggested that surrendering his licences would impede his ability to introduce a new business to the premises. He also asked that Condition 4 clearly specify the time period in which alcohol cannot be served. Mr. Flynn stated that he would support entering into the required agreements with modifications to these conditions. He then referred to a letter received from the Development and Technical Services Department concerning Fire and Building Code violations which implies that he must complete required updates immediately even though he does not yet own the establishments and pointed out that it will cause delay in acquiring his liquor licences. In response to questions, Mr. Flynn clarified that he has Offers to Purchase on both premises and intends to operate Sammy's Garage as a bar / restaurant. He added that he intends to re- open Stages to operate as a bar 2 to 3 days a week and as an Event Centre for the remainder. Mayor C. Zehr suggested that the recommendation include provision that approval is subject to the applicant complying with Fire and Building Code regulations and Ms. J. Koppeser advised that the AGC© would be accepting of such a condition. Several Committee members raised concerns with past problems with Stages and Mr. Flynn advised that he was aware of these issues and intended to provide proper security. Ms. J. Sheryer provided suggested wording to modify Conditions 4 and 5 to require that no alcohol be served between the hours of 2:00 am and 11:00 am; and, in the event that someone other than the applicant operates the establishment, the applicant would be required to surrender the licences. She recommended that no change be made to Condition 3 as the ratio has been consistently applied to other operations. On motion by Mayor C. Zehr - it was resolved: 'A. That the Alcohol and Gaming Commission of Ontario (AGC©) be advised that the Council of the Corporation of the City of Kitchener takes no action to oppose the application for a liquor licence for Sammy's Garage and Rec Room, 400 King Street West, Kitchener, applied for by James Jason Flynn (herein referred to as the "Applicant"), subject to the Applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below and subject to compliance with Fire and Building Code regulations; and, That the City 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 AGC© chooses to issue the licence: (1) To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; (2) To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; (3) To abide to a set 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in the application (in other words, alcohol sales will be limited to 60% of gross refreshment sales); (4) To stop serving alcohol between 2:00 a.m. and 11:00 a.m. daily; (5) To voluntarily surrender the liquor license to the AGC© should someone other than the applicant operate this establishment in the future; FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 53 - CITY OF KITCHENER 9. CSD-04-079 - LIQUOR LICENCE APPLICATIONS REVIEW - SAMMY'S GARAGE AND REC ROOM AT 400 KING STREET WEST - STAGES AT 312 KING STREET WEST (CONT'D) (6) To notify the Clerk of the City of Kitchener in writing of any applications 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's Council; (7) To comply with the Noise By-law and the Smoking By-law; (8) These conditions shall bind all successors, assigns and subsequent licence holders (if any); and further, That in the event the AGCO, at its discretion, does not add the above conditions to the licence, the City enter into an agreement wherein the Applicant agrees to have those conditions added to and form part of a list "private agreement conditions". That the Alcohol and Gaming Commission of Ontario (AGCO) be advised that the Council of the Corporation of the City of Kitchener takes no action to oppose the application for a liquor licence for Stages, 312 King Street West, Kitchener, applied for by James Jason Flynn (herein referred to as the "Applicant"), subject to the Applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below and subject to compliance with Fire and Building Code regulations; and, That the City 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 AGCO chooses to issue the licence: (1) To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; (2) To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; (3) To abide to a set 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in the application (in other words, alcohol sales will be limited to 60% of gross refreshment sales); (4) To stop serving alcohol between 2:00 a.m. and 11:00 a.m. daily; (5) To voluntarily surrender the liquor license to the AGCO should someone other than the applicant operate this establishment in the future; (6) To notify the Clerk of the City of Kitchener in writing of any applications 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's Council; (7) To comply with the Noise By-law and the Smoking By-law; (8) These conditions shall bind all successors, assigns and subsequent licence holders (if any); and further, That in the event the AGCO, at its discretion, does not add the above conditions to the licence, the City enter into an agreement wherein the Applicant agrees to have those conditions added to and form part of a list "private agreement conditions". FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 54 - CITY OF KITCHENER 10. SSD-04-013 - CONTACT CENTRE FEASIBILITY REVIEW - REQUEST FOR WAIVING OF TENDERING PROCESS The Committee was in receipt of Strategic Services Department report SSD-04-013 (M. Lahn), dated, March 29, 2004 concerning a contract for supply of services relative to a Contact Centre Feasibility Study. Councillor M. Galloway requested staff to provide an overview of their search for a consulting firm. Ms. C. Ladd advised that investigation included a Contact Centre in Calgary, as well as a number of Ontario cities, and the best example was found to be in Markham. The Centre established in Markham was under services contracted to Rbosch Consulting, who has a history of hands on experience in municipal government operations and within large private sector corporations. Ms. Ladd stated that staff were of the opinion that retaining Rbosch Consulting, given their experience, would be the best approach as well as being cost effective. At the request of Councillor M. Galloway, Ms. Ladd agreed to provide a cost analysis of the Markham project and any other comparable work completed by Rbosch prior to the May 3, 2004 Council meeting. Councillor J. Gazzola questioned why the tender process was being waived. Ms. Ladd pointed out that the concept is fairly new with few examples to draw on. She noted that other municipalities that have chosen to undertake similar projects in-house have committed to substantial time and staff resources, and large consulting firms often come with pre-designed software that is not inclusive of the kind of service required by the municipality. Councillor B. Vrbanovic requested that as part of the study, staff investigate a consulting firm recently retained by the City of Regina to provide municipal software for this type of project. On motion by Mayor C. Zehr - it was resolved: "That the tendering process be waived and the Director of Purchasing be authorized to negotiate a contract for the supply of services from Rbosch Consulting to a maximum of $30,000. for the purpose of providing services related to a Contact Centre Feasibility Study." 11. CRPS-04-037 - MUNICIPAL CODE CHAPTER 650 (LOT MAINTENANCE) - NATURALIZED AREAS AND LARGER RESIDENTIAL LOTS The Committee was in receipt of Corporate Services Department report CRPS-04-037 (S. Turner), dated April 21, 2004 concerning a proposal to amend Chapter 650 of the Municipal Code (Lot Maintenance) with regard to provisions for naturalization and larger than normal residential lots. Mr. S. Turner advised that the intent of the review is to recognize a growing trend of naturalized gardening and a reduced use of pesticides, and to address public perception that enforcement practices are applied differently to private property as opposed to City-owned lands. On motion by Councillor G. Lorentz - it was resolved: "That staff be directed to investigate the options outlined in Finance and Corporate Services Department report CRPS-04-037, to amend Chapter 650 of the City of Kitchener Municipal Code (Lot Maintenance) with regard to provisions for naturalization and larger than normal residential lots, and provide recommendations for consideration at a future meeting of the Finance and Corporate Services Committee." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 26, 2004 - 55 - CITY OF KITCHENER 12. a) SSD-04-015 - SALE OF SITE 6 GRAND RIVER WEST BUSINESS PARK PART 7, REFERENCE PLAN 58R-14324 BINGEMAN CENTRE DRIVE b) SSD-04-016 - SALE OF SITES 3, 4 & 5 GRAND RIVER WEST BUSINESS PARK PARTS 3, 4, 5 & 6, REFERENCE PLAN 58R-14324 BINGEMAN CENTRE DRIVE c) SSD-04-017 - SALE OF SITE 7 GRAND RIVER WEST BUSINESS PARK PARTS 8, 9 & 10, REFERENCE PLAN 58R-14324 BINGEMAN CENTRE DRIVE The Committee was in receipt of the following Strategic Services Department reports: SSD-04- 015 (P. Bacon), dated April 11, 2004; SSD-04-016 (P. Bacon) dated April 21, 2004; and SSD- 04-017 (K. Weiss), dated April 21, 2004. Each report deals with an Offer to Purchase specified lands on Bingeman Centre Drive within the Grand River West Business Park. It was noted that each Offer to Purchase is subject to approval of an amendment to the City's Zoning By-law and respective zone change applications will be considered by the Development & Technical Services Committee later this date. At the request of Councillor B. Vrbanovic, it was agreed that all 3 reports be referred to the Development & Technical Services Committee meeting of this date and be dealt with subsequent to consideration of the Zone Change application. Councillor B. Vrbanovic also requested that staff investigate the potential to divide the 5% real estate fee between purchasing and selling brokers. 13. FIN-04-018 - NATURAL GAS RATES The Committee was in receipt of Financial Services Department report FIN-04-018 (L. Baillargeon), dated April 21,2004 concerning natural gas rates. Mr. D. Quinn advised that the City's Utility is in a position to decrease the supply charge by 11%, while fixed delivery rates will increase by 6%. He pointed out that the net effect to natural gas rates will produce an overall decrease of approximately 5% or about $50. per year for an average residential customer. Mr. D. Quinn and Ms. P. Houston clarified issues concerning variables of fluctuation in fixed rates and noted that while Kitchener Utilities customers will benefit from a decrease in rates, customers of other Utilities within the Region will experience increases effective April 1,2004. It was noted that any recommendation from this Committee will be considered at the special Council meeting to be held later this date. On motion by Mayor C. Zehr - it was resolved: "That the supply component of the natural gas rates be decreased to 23.9 cents per cubic meter from 26.9 cents per cubic meter for system gas customers of the City of Kitchener effective May 1,2004; and, That the transportation component of the natural gas rates be increased to 4.613 cents per cubic meter for system gas customers of the City of Kitchener effective May 1,2004 to reflect the interim rates charged by TransCanada Pipelines as previously approved by the National Energy Board; and, That the delivery components of the natural gas rates be changed as proposed in Appendix 'A' for all Kitchener delivery customers effective May 1, 2004 (or the actual rates and dated as approved for 2004 by the Ontario Energy Board for Union South if different); and further, That the Direct Purchase Administration fee charged to all Bundled Transportation Contract customers be changed as proposed in Appendix 'B', effective June 1,2004." APRIL 26, 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 56 - CITY OF KITCHENER This meeting of the Finance and Corporate Services Committee temporarily recessed at 4:20 p.m. and reconvened at 4:45 p.m. 14. CRPS-04-073 - BUSINESS LICENSING UNDER NEW MUNICIPAL ACT The Committee was in receipt of Corporate Services Department report CRPS-04-073 (R. Gosse / J. Koppeser), dated April 16, 2004 outlining details of the City's business licensing and the impact changes to the new Municipal Act will have on current practices. Mr. R. Gosse advised that as a result of changes to the new Municipal Act, staff must complete a review of all business licences, establish a schedule of fees and prepare new licensing by-laws for public review prior to a deadline of January 1, 2005. Mr. Gosse advised that licences can only be issued for reasons of health and safety; nuisance control; and consumer protection; and the City is required to explain how each class of business relates in context to each of these 3 reasons. Licence fees must now be directly related to administration and enforcement costs and be posted. In this regard, Mr. Gosse advised that fees will be posted on the City's website and in the Office of the City Clerk. He noted that the fee schedule must include all classes of business and their respective fee; the cost of administering and enforcing the by-law for each class; and the formula for calculating the license fee. He advised that the method of choice for fee calculations is a Detailed Analysis Formula, provided by the Association of Municipal Managers, Clerks and Treasurers of Ontario, which determines the actual costs incurred for each class of licence. Once a method of calculating fees is established, he advised that Council will be asked to consider the percentage of costs to be recovered. Mr. Gosse advised that staff have already begun the process of review and intend to come forward by the end of June with options and recommendations concerning any changes to classes of licenses, calculation of fees and an implementation plan. He concluded that the goal is to complete the entire process, including preparation of new by-laws and holding of public meetings, by the end of November. In response to questions, Mr. Gosse advised that in the event consideration of a licensing by- law is deferred by Council, subsequent notification will be handled in similar manner to practices used under the Planning Act and any licensing by-laws of a complicated manner will be brought forward to receive direction from Council prior to being advertised for a public meeting. 15. ADJOURNMENT On motion, the meeting adjourned at 5:00 p.m. Janet Billett, AMCT Committee Administrator