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HomeMy WebLinkAboutFinance & Corp - 2004-11-01FINANCE & CORPORATE SERVICES COMMITTEE MINUTES NOVEMBER 1, 2004 CITY OF KITCHENER CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 1:05 p.m. Present: Chair - Councillor B. Vrbanovic Mayor C. Zehr and Councillors C. Weylie, J. Smola, J. Gazzola and M. Galloway. Staff: C. Ladd, Chief Administrator Officer R. Browning, Office of the CAO G. Stewart, General Manager, Development and Technical Services P. Houston, General Manager, Financial Services & City Treasurer G. Sosnoski, General Manager, Corporate Services & City Clerk S. Turner, Director of Enforcement R. Gosse, Director of Legislated Services J. Koppeser, Manager of Licensing J. Sheryer, Assistant City Solicitor D. Gilchrist, Committee Administrator CRPS-04-189 BETHANY EVANGELICAL MISSIONARY CHURCH REQUEST FOR EXEMPTION FROM MUNICIPAL CODE CHAPTER 450 (NOISE) The Committee was in receipt of Corporate Services Department report CRPS-04-189, dated October 26, 2004, recommending approval of the request of Bethany Evangelical Missionary Church, 160 Lancaster Street East, for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code, for their annual Christmas Pageant. It was resolved: "That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bethaney Evangelical Missionary Church, 160 Lancaster Street East, for nd th their annual Christmas Pageant on December 2 to 5 , 2004, between the hours of 6 p.m. and 9 p.m." CRPS-04-193 - PUBLIC MEETING - NEW BUSINESS LICENSING BY-LAWS The Committee was in receipt of Corporate Services Department report CRPS-04-193, dated October 26, 2004, with respect to new Business Licensing By-laws for several classes of businesses. In addition to the staff report, the Committee was provided with draft By-laws for each class of licence identified in the report. It is noted in the report that the By-laws are being written in compliance with the provisions of the Municipal Act, 2001, which requires licence fees to be charged on a cost recovery basis. It was also noted this is the third in a series of public meetings on new Licensing By-laws, as required under the Municipal Act, and the last in this series of public meetings is scheduled for December 6, 2004. Mr. R. Gosse introduced the report, highlighting some of the major changes, particularly the new licensing provisions for body piercing, tattoo shops, nail establishments, and dry cleaners, now proposed to be licensed for health and safety reasons. He also noted there is no flat fee for temporary vendors in the draft By-law, and staff is requesting the Committee's direction as to whether there ought to be a maximum annual fee for this class of license. Mr. Gosse then referred to the proposed 2005 Fees listed on page 3-5 of the report, noting that existing body piercing, nail shops and tattoo shops will not pay the initial fee, but the renewal fee. He further noted that the $260.00 initial fee for these businesses is based on there being no separation distance required between like businesses. Should Council wish to introduce a limiting (separation) distance, the initial fee would have to be raised to $604.00. Several members of the public previously indicated that they wish to address the Committee with respect to these proposed Licensing By-laws, but only Mr. S. Miller was in attendance. Mr. Miller advised his business is as a temporary vendor having flower stands throughout the City all year, and fruit stands in the summer. He advised last year he operated 10 flower stands and at some of these stands he also sold fruit. His practice would be to buy 2 clusters of 5 locations, with a total licence fee of $3,000. Under the proposed By-law he will have to NOVEMBER 17 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 140 - CITY OF KITCHENER CRPS-04-193 - PUBLIC MEETING - NEW BUSINESS LICENSING BY-LAWS (CONT'D) pay $367.00 for each three days of operation of each location, and in addition will have to pay a licence fee for his fruit stands. Mayor Zehr questioned the possibility of a maximum fee for this type of vendor. Mr. Gosse advised staff are looking for direction from the Committee in this regard, and are recommending a maximum fee of three times the initial fee. Mr. Miller advised that in 2004 he purchased 2 clusters of 5 locations for his flower stands, and at 2 of those locations he also sold fruit during the summer. He stated he then purchased a licence for the sale of fireworks, at one of the locations from which he sold flowers. Mayor Zehr questioned whether Mr. Miller understood the philosophy behind the licence fees for temporary vendors, being that temporary vendors do not pay property taxes on a permanent location. Mr. Miller responded he pays taxes on two residential properties and a warehouse in the City of Kitchener. He suggested there should be a higher fee for people who are temporary vendors from out of town. Ms. Koppeser advised that fees based on residency have been removed from the Municipal Act, and all vendors in the same class of licence must be charged the same fee. She advised that staff spend the greatest amount of time enforcing the Temporary Vendor By-law; which is not enforced by the police and requires a lot of weekend work. Ms. Koppeser further advised that enforcement cost for Temporary Vendors have been reviewed over the last several years. There are also costs involved in determining the separation distance and what businesses are located within that distance. Councillor Gazzola questioned whether all businesses have been advised of today's meeting, and Mr. Gosse advised all businesses in the City's database were provided a letter advising of today's meeting, and an advertisement was placed in the The Record. Councillor Gazzola suggested there be a renewal fee for temporary vendors. Councillor Vrbanovic questioned the initiation of a licence fee for Neighbourhood/Cultural events. He noted the City encourages these events, and questioned why we would charge a fee just to have the event holders applying for a grant to cover the licence fee. Ms. Koppeser responded that currently the City licenses these events by licensing each individual within the event. Further, licences for outdoor concerts would apply to such places as Sportsworld and Bingeman Park. Staff have received a number of phone calls about holding outdoor concerts in vacant fields which would also be covered by the Outdoor Concert Licence. Ms. Koppeser further advised that these sorts of events need to be licensed for health and safety reasons. With respect to the Neighbourhood/Cultural Events, Ms. Koppeser noted that the full fee would not apply to those organizations defined as charitable. Staff was directed to apply a reduced licence fee to charitable organizations and Neighbourhood Associations affiliated with the City of Kitchener. Concerning what fee should be paid by these groups, the Committee suggested $10.00. Ms. Koppeser advised the fee could not be a flat rate, but must a percentage of full cost recovery. She suggested the fee be established at 10% of cost recovery. With respect to the fee for dry cleaners, Ms. Koppeser advised the Fire Department wishes to make annual inspections of those facilities where dry cleaning takes place for safety reasons. With respect to temporary vendors, Mayor Zehr commented the proposed feesare a considerable increase over those currently charged. Mr. Gosse advised staff will review the proposed fees for temporary vendors, and bring this matter back to Committee. Mayor Zehr commented on the fee for a Temporary Market and whether a maximum fee should be charged. Ms. Koppeser noted the proposed fee is less than currently charged for this class of licence. NOVEMBER 17 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 141 - CITY OF KITCHENER CRPS-04-193 - PUBLIC MEETING - NEW BUSINESS LICENSING BY-LAWS (CONT'D) Staff advised that all business licence by-laws will be considered by this Committee and Council on December 6, 2004. 3. SSD-04-042 - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RESOLUTIONS - PARKING DOWNTOWN - NEW CENTRAL LIBRARY IN CENTRE BLOCK The Committee was in receipt of Strategic Services Department report SSD-04-042, dated October 27, 2004, presenting two recommendations from the Economic Development Advisory Committee (EDAC), with respect to a new main library in Centre Block, and parking associated therewith. Mr. H. Pottkamper, Chair of the Economic Development Advisory Committee, was in attendance to present the concerns of that Committee relative to the Centre Block, and the Kitchener Public Library Main Branch. He stated Council's recent decision to defer the recommendations of the Centre Block Steering Committee for a further 6 months, and possibly longer, is a serious concern. Although discussions with the City of Waterloo on some form of joint library service is worthwhile, and must continue; the momentum created by the Centre Block Steering Committee over the past two years has generated interest in the private sector. Council's current discussion to defer making a commitment as to the location of the new main library in the Centre Block may very well squander private sector interest. Mr. Pottkamper continued by stating EDAC strongly supports a new KPL main branch in Downtown Kitchener, in terms of providing a much needed facility, as well as assisting the redevelopment in the north end of Downtown. He urged Council to commit to locating the new main branch now, instead of waiting. Such a decision will enable the Centre Block Steering Committee to engage in discussions with the private sector to leverage this needed investment into a greater development that will maximize return on the City's investment, initially on Centre Block, and in the longer term for the Downtown. He concluded by advising the position of EDAC is that Council should direct the new main branch of the Kitchener Public Library to be located in Centre Block, and Council should provide the appropriate financial resources for doing so. Mr. Pottkamper suggest any future agreement with the City of Waterloo can still be easily accommodated. Councillor Vrbanovic questioned staff as to what matters can still proceed while discussions are taking place with Waterloo. Mr. Browning responded that on October 25, 2004, Council directed staff to proceed with a Terms of Reference, which he advised can still proceed to a certain point. The Terms of Reference will take 2 to 3 months to complete. Councillor Gazzola suggested accepting the report as submitted, and continuing as per Council's October 25 decision. Mayor Zehr stated Council is trying to find a balance that would allow an opportunity to partner with the City of Waterloo. There are steps which can be taken now which move the process forward, while awaiting the outcome of talks with Waterloo. Councillor Smola stated the purpose of Advisory Committees is to advise Council. This Advisory Committee received its information after Council's decision was made, which makes it impossible for them to provide advice. Councillor Smola noted a number of EDAC members questioned why the process stopped just because of talks of Waterloo. Councillor Vrbanovic directed Ms. Ladd to undertake a discussion with the Corporate Management Team as to the scheduling of matters of this nature with Council's Advisory Committees, prior to these matters being considered by Council. Councillor Smola suggested Council should re-debate this issue, in light of the EDAC resolutions, and potentially reconsider its October 25th decision. NOVEMBER 17 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 142 - CITY OF KITCHENER 3. SSD-04-042 - ECONOMIC DEVELOPMENT ADVISORY COMMITTEE RESOLUTIONS - PARKING DOWNTOWN - NEW CENTRAL LIBRARY IN CENTRE BLOCK (CONT'D) Ms. Ladd suggested re-debating or reconsidering the issue at this time may not be required. Staff will continue a parallel process while talks with Waterloo are taking place. However, it is questionable how far this parallel process can go, and Council will eventually have to make a decision specific to Centre Block. Because of the parallel process, if there is no agreement with Waterloo, the City of Kitchener will be ready to go to tender. Councillor Smola suggested the City stands to lose its volunteers, as they become disenchanted and lose their motivation if they think the City may partner with the City of Waterloo on a different site. Ms. Ladd advised staff will report in December or January, as to what progress there is with Waterloo. Further, it was Ms. Ladd's position the volunteers will continue their work because there are two parallel processes. Councillor Gazzola stated there is still a lot that can still be done, as the whole process has not yet been defined. He believed the position of the Economic Development Advisory Committee was brought forward at last week's Council meeting, even though they did not have a formal meeting. Councillor Galloway stated that some of Council's Advisory Committees should be involved in this process, and this matter should be placed on their agendas by senior staff. He noted, for example, that Heritage Kitchener should be involved in this process, as there is a designated property on Centre Block. Councillor Weylie noted the Economic Development Advisory Committee previously did not have much involvement in the Downtown. However, given the increase in funding for Downtown redevelopment, their focus is changing. EDAC would suggest that if the report expected in January is strong in one direction, a decision be made at that time. Councillor Smola requested that EDAC be advised of the processes to take place between now and January, as they are unaware of what these processes are. Councillor Vrbanovic thanked Mr. Pottkamper for his attendance, and advised that staff will provide EDAC with a work plan showing the processes to be undertaken between now and January. CRPS-04-192 - 730 OTTAWA STREET SOUTH - APPEAL - MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLE) The Committee was in receipt of Corporate Services Department report CRPS-04-192, dated October 26, 2004, with respect to a request received from Jim Loyd to operate a Hot Dog Cart at 730 Ottawa Street South, contrary to the provisions of Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code. The Municipal Code prohibits the location of a refreshment vehicle within 200 metres of a licensed place of refreshment, and there are 9 places of refreshment within 200 metres of 730 Ottawa Street South. It was noted in the report that, on May 3, 2004, Council approved an exemption from the provisions of the Municipal Code to allow a Hot Dog Cart n this location, and the previous operator is ceasing operation. Mr. Loyd was in attendance to present his request, and asked for the same exemption as had been given to previous licence holder. Upon questioning, Mr. Gosse confirmed the licence would be valid to the end of the calendar year. NOVEMBER 17 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 143 - CITY OF KITCHENER 4. CRPS-04-192 730 OTTAWA STREET SOUTH APPEAL - MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLE) (CONT'D) On motion by Councillor J. Gazzola- it was resolved: "That notwithstanding the provisions of Section 3.15 (a) of Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, permission be granted to Jim Loyd to operate a Hot Dog Cart at 730 Ottawa Street South (Rona)." CRPS-04-170 - REPLACEMENT OF PARKING ENFORCEMENT EQUIPMENT The Committee was in receipt of Corporate Services Department report CRPS-04-170, dated October 26, 2004, recommending the City's normal purchasing procedure be waived, and new handheld parking ticket equipment be purchased from Groupe Techna. The report also recommends the purchase price of $46,372.20 be paid from the Capital Contingency, and the City enter into a service contract for the equipment. Mr. S. Turner introduced the report, noting the main request is for permission to waive the normal tender process. He advised that continuing with Groupe Techna, the existing equipment is compatible with the new equipment. Further, there is a savings of $13,000, as no start-up costs will have to be paid, as would be the case with the new provider. When questioned, Mr. Turner advised there are five Parking Enforcement Officers currently, plus four more involved with the Pilot Project for School Zones. Those four Officers will have to hand write parking tickets, which process is more costly. Upon questioning from Councillor Gazzola, Mr. Turner advised currently staff involved in the School Zones Pilot Project are issuing warnings; however, the set fine of $80.00 will be established in two weeks. Councillor Gazzola questioned why staff would make this purchase before completion of the comprehensive review of the Enforcement Division's parking ticket issuance. Once the review is complete staff could go to tender to determine what is available in the market. Mr. Turner advised staff are already familiar with all products available in the market, noting there are five other service providers. When questioned by Mayor Zehr as to the compatibility of other vendors' products, Mr. Turner advised that some are compatible with the processing system but not the issuing system. To make a change to a new vendor will render the existing units non-functional. On motion by Mayor C. Zehr - it was resolved: "That the City's normal purchasing process be waived to allow the purchase of handheld parking ticket equipment from Groupe Techna, at an approximate cost of $46,372.20, to be paid from the 2004 Capital Contingency; and further, That the Mayor and Clerk be authorized to execute the required services contract for the new handheld parking ticket equipment in a form satisfactory to the City Solicitor." Councillor Gazzola advised he is opposed to the recommendation, as the City should be considering everything that is available, and because he questions the immediate need. CRPS-04-194 - CITY OF TORONTO RESOLUTION - TERM OF MUNICIPAL COUNCIL The Committee was in receipt of Corporate Services Department report CRPS-04-194, dated October 27, 2004, in response to direction from Council, on October 25, 2004 to provide information on a resolution passed by Toronto City Council to petition the Province to legislate a four year term of office for Municipal Councils, in connection with the Election Statute Law Amendment Act 2004 (Bill 86). NOVEMBER 17 2004 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES - 144 - CITY OF KITCHENER CRPS-04-194 - CITY OF TORONTO RESOLUTION - TERM OF MUNICIPAL COUNCIL (CONT'D) Councillor Vrbanovic noted a fixed four year term of office for the Provincial Legislature is also being advocated, with provincial elections to be held on a fixed date. However, there is no indication as to what would happen in the case of a minority government. It was generally agreed that consideration of this matter be deferred to next week Council meeting. Mr. Sosnoski was directed to obtain the following information for the Council meeting: · What would happen in the case of a minority provincial government? · Average voter turn-out in federal, provincial and municipal elections. · Whether there is a fixed date and term for provincial elections and/or municipal elections in British Columbia. ADJOURNMENT On motion, the meeting adjourned at 2:37 p.m. Dianne Gilchrist Committee Administrator