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HomeMy WebLinkAboutFin & Corp Svcs - 2005-04-18 FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 18 2005 CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 1 :07 p.m. Present: Councillor B. Vrbanovic - Chair Mayor C. Zehr and Councillors C. Weylie, J. Smola, M. Galloway and G. Lorentz. Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager, Financial Services & City Treasurer K. Currier, Acting General Manager, Community Services G. Stewart, General Manager, Development & Technical Services R. Gosse, Director of Legislated Services R. Pitfield, Director of Corporate Communications/Marketing R. Upfold, Director of Accounting H. Gross, Director of Project Administration & Economic Investment J. Sheryer, Assistant City Solicitor P. Harris, Acting Manager of Licensing S. Wright, Manager of Downtown Community Development J. Billett, Committee Administrator 1. TEMPORARY VENDORS - COMPLAINT BY MR. S. MILLER RESPECTING LICENCE FEES Mr. Shaun Miller attended with respect to licence fees applied to temporary vendors and in particular, fees charged to him to operate 3 flower stands on 2 weekends during Easter and Mother's Day. He stated that the fee structure was confusing and too high for the type of operation, pointing out that the Cities of Hamilton and London charge a fee of $140 per location, whereas Kitchener charges $357 per location and applies a reduced rate for additional licences issued per location within a 2 month period. He asked that the Committee consider amending the by-law to create a separate category for temporary flower vendors and simplify the fee structure. Councillor G. Lorentz inquired if the licence allows Mr. Miller to operate every weekend during the 2 month period and Mr. Miller advised that it only applies to 3 days. He added that he was of the understanding he could apply under one licence for multiple dates at one location provided the dates were within the 2 month time period; however, he acknowledged that in 2005 Easter and Mother's Day weekends are more than 60 days apart. He further noted that while the amount being charged in 2005 is only $1 more than in 2004, the number of stands he operates has been reduced from 9 in 2004 to only 3 in 2005 and he is therefore paying higher fees in 2005. Mr. R. Gosse advised that with regard to fees in other municipalities their calculations may differ depending on costs being recovered. As an example, he pointed out that Kitchener stringently enforces this type of business; whereas, other municipalities my not enforce at all or do so at a lesser degree; in which case their cost recovery will be less. He added that previously, vendors could be licensed to operate 5 locations for a maximum fee per year, known as the 'cluster' provision; however, this is not allowed under the new Municipal Act as full costs are not recovered. In discussions with Mr. Miller, provision in the by-law was subsequently made to reduce the licensing fee where a vendor makes one application for use of one location on multiple dates within a two month period. The reduced fee is based on zoning and distance separation inspections not being required for issuance of subsequent licences. Mr. Gosse further pointed out that the City's due diligence in enforcement prohibits proliferation of this type of business and protects those that have complied with the by-law. Several members of Council expressed mixed reaction, commenting that the fee seems high for the type of business, with the majority of costs attributed to enforcement; however, the benefits of enforcement must be taken into consideration. A motion by Councillor M. Galloway was brought forward for consideration to take no action on the request of Mr. Miller to amend licensing regulations as they relate to licensing of temporary vendors. Mr. S. Miller asked to comment on the motion and advised that on the weekends in question he is providing a service during a time when retail stores are closed. He asked that the Committee consider extending the licence to a 5 day period at the same cost which would enable him to operate 3 days on Easter weekend and 2 days on Mother's Day weekend. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 18 2005 - 53- CITY OF KITCHENER 1. TEMPORARY VENDORS - COMPLAINT BY MR. S. MILLER RESPECTING LICENCE FEES lCONT'D) Councillor G. Lorentz requested that Mr. Miller provide clarification of his concerns and proposal for alternatives in writing to staff and in the interim, asked that the motion to take no action be deferred and referred to the April 25, 2005 Council meeting. On motion by Councillor G. Lorentz - it was resolved: "That the following recommendation arising from a request by Mr. Shaun Miller to amend licensing regulations as they relate to licensing of temporary vendors, be deferred and referred to the Aoril 25 2005 Council meetina to allow Mr. Miller an opportunity to provide written clarification of his request to Council for consideration: 'That no action be taken on the request of Mr. Shaun Miller to amend By-law 2004-241 (Licensing and Regulating Itinerant, Temporary and Permanent Vendors and Temporary and Permanent Markets) as it relates to licensing of temporary vendors.'" 2. VERBAL UPDATE - KITCHENER PUBLIC LIBRARY DISCUSSIONS WITH WATERLOO PUBLIC LIBRARY CONCERNING A JOINT LIBRARY Ms. Sonia Lewis, Chief Executive Officer, Kitchener Public Library (KPL), together with members of the KPL Board, presented a final report on discussions with the Waterloo Public Library (WPL) regarding potential to partner with Waterloo in a joint central library. Ms. Lewis advised that WPL undertook an assessment of city-wide library services and facilities in conjunction with exploring a joint library with KPL. The results of this study were shared with KPL and Waterloo Council in late February and approved by Waterloo Council on February 21, 2005. Waterloo's decision was to prioritize the development of 2 new branch libraries rather than pursue a joint central library, with the first branch to be completed in 2007 and the second before 2010. WPL's main library will continue in its current capacity with plans to re- organize the facility in and around 2016. Ms. Lewis stated that while a joint central library is not feasible at this time, KPL is still committed to the Central Library Project and recommends proceeding on its own in partnerships with others, such as the Centre Block Steering Committee. Ms. S. Lewis responded to questions, advising that she was in agreement with the decision made by Waterloo that the timing for a joint facility was not right and their chosen course of action will best serve the needs of the Waterloo community. She commented that in terms of servicing the K-W area it makes sense to invest in branch libraries and Waterloo's proposal will serve as an extension of the Region's branch network. She indicated that through this process a new relationship was forged with WPL and discussions between the two libraries will continue regarding other co-operative initiatives to find efficiencies and provide better customer service. She proposed that the next steps include proceeding with the procurement process for the Central Library Project to seek out other potential partnerships and development of a fund raising strategy. Councillor M. Galloway requested clarification of Waterloo's decision regarding WPL's main library and Ms. Lewis advised that it is not intended that Waterloo will build a new main library but rather re-organize the existing facility. In response to Councillor B. Vrbanovic, she added that in discussions with WPL, potential to form a Union Library was not raised; however, opportunity still exists to work co-operatively and find efficiencies. Mayor C. Zehr commented that while he respects the decision of Waterloo Council, it was regrettable that an opportunity did not arise for the two municipal Councils to meet to discuss the matter despite invitations by Kitchener Council to do so. At Mayor Zehr's request, Ms. C. Ladd provided an outline of the October 25, 2004 Council resolution as follows: . $32.5 M was committed to development of a new central library; . discussions regarding a joint library were to continue with WPL with a final report by March 2005; FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 18 2005 - 54- CITY OF KITCHENER 2. VERBAL UPDATE - KITCHENER PUBLIC LIBRARY DISCUSSIONS WITH WATERLOO PUBLIC LIBRARY CONCERNING A JOINT LIBRARY lCONT'D) . the procurement process presented by the Centre Block Steering Committee (Strategic Services Department report SSD-04-041) was endorsed; and, . the Centre Block Steering Committee, City Staff and the KPL were to continue work in development of a fund raising plan and procurement process to attract a private sector partner by developing terms of reference for a new central library. Ms. C. Ladd advised that further direction will be required prior to finalizing the terms of reference for a new central library, with the next steps to include retaining an architect to prepare a functional design based on review of the building needs assessment and business case completed by the KPL. On motion by Mayor C. Zehr - it was resolved: ''That the results of a city-wide library services and facilities assessment study, undertaken by the Waterloo Public Library (WPL) and approved by Waterloo City Council on February 21, 2005, which concludes that a joint library with Kitchener is not feasible and that building branch libraries would better serve the needs of the Waterloo community at this time, be received; and further, That staff continue to facilitate the work of the Kitchener Public Library (KPL) and the Centre Block Steering Committee in development of a fundraising plan and in the procurement process to attract a private sector partner by developing terms of reference for a new central library; and report back at the earliest opportunity." 3. CRPS-05-061 - REQUEST TO SELL REFRESHMENTS AND OPERATE A BEER TENT - VICTORIA PARK ISLAND - JUNE 5, 2005 - TRI-PRIDE COMMUNITY ASSOCIATION INC. The Committee was in receipt of Corporate Services Department report CRPS-05-061, dated April 7, 2005 concerning a request to locate a beer tent in Victoria Park for the annual Tri- Pride Celebration and exemption from Chapter 450 (Noise) of the City's Municipal Code in conjunction with the event to be held June 5, 2005. At the request of Councillor C. Weylie, it was agreed to restrict the noise exemption to the hours between 9:00 a.m. and 11 p.m. On motion by Councillor C. Weylie - it was resolved: "That the request of the Tri-Pride Community Association to locate a beer tent in Victoria Park for the Tri-Pride Celebration on June 5, 2005 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 Parking during the Tri-Pride Day Celebration on June 5, 2005, provided the necessary licence is obtained; and, That the Tri-Pride Community Association be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code between the hours of 9 a.m. to 11 p.m., in conjunction with an event at Victoria Park on June 5, 2005; and, That the Tri-Pride Community Association comply with By-law 2004-271 (Adult Entertainment); 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." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 18 2005 - 55- CITY OF KITCHENER 4. CRPS-05-062 - REQUEST TO SELL FOOD AND ALCOHOL - GREEK FOOD FESTIVAL - JUNE 11 & 12, 2005 - 527 BRIDGEPORT ROAD EAST The Committee was in receipt of Corporate Services Department report CRPS-05-062, dated April 7, 2005 concerning a request to operate a Place of Refreshment for the annual Greek Food Festival. On motion by Councillor C. Weylie - it was resolved: "That the Greek Orthodox Community of Saints Peter and Paul Church Kitchener- Waterloo & District, be granted permission to operate a Place of Refreshment on their premises at 527 Bridgeport Road East, Kitchener, on June 11 & 12, 2005, provided the necessary licence is obtained, including Health and Fire approval; and further, That since this Festival is a celebration of our ethnic diversity, it be declared an event of 'Municipal Significance' for the purpose of applying for a liquor licence." 5. CRPS-05-063 - REQUEST FOR A LIQUOR LICENCE - HOLY SPIRIT FESTIVAL ASSOCIATION OF KITCHENER-WATERLOO - JUNE 3 4 & 5 2005 The Committee was in receipt of Corporate Services Department report CRPS-05-063, dated April 7, 2005 concerning an application for a liquor licence for the Holy Spirit Festival and recognition of the event as having community significance. On motion by Councillor C. Weylie - it was resolved: "That the City of Kitchener has no objection to a liquor licence being issued to the Holy Spirit Festival Association of Kitchener-Waterloo for an event to be held on June 3-5, 2005 at 1548 Fischer-Hallman Road East, Kitchener; and further, That this event be declared a 'Community Festival' for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage and promotes unity and understanding within our community." 6. CRPS-05-067 - REQUEST FOR COMMUNITY FESTIVAL DESIGNATION - CANADIAN LAWN BOWLS CHAMPIONSHIP - AUGUST 14-20 2005 The Committee was in receipt of Corporate Services Department report CRPS-05-067, dated April 8, 2005 concerning an application for a liquor licence for the Canadian Lawn Bowls Championship and declaration of the event as a community festival. On motion by Councillor C. Weylie - it was resolved: "That the City of Kitchener has no objection to a liquor licence being issued to the Heritage Lawn Bowling Club for the Canadian Lawn Bowls Championships to be held August 14 to August 20, 2005 at 600 Heritage Drive, Kitchener; and further, That the event be declared a 'Community Festival' for the purpose of applying for a liquor licence, as this event is a lawn bowling tournament that will bring over 150 bowlers from across Canada to compete for the Canadian Championship." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 18 2005 - 56- CITY OF KITCHENER 7. CRPS-05-059 - REQUEST FOR THE SALE OF FOOD AND SOUVENIRS - ALL TOURNAMENTS ON CITY SPORTSFIELDS The Committee was in receipt of Corporate Services Department report CRPS-05-059, dated April 6, 2005 concerning operation of concession stands for all tournaments on City Sportsfields. On motion by Mayor C. Zehr - it was resolved: "That approval be granted to sports organizations that are holding tournaments, during the months May through November, 2005 and have received Field Rental Permits/contracts from Community Services at the sportsfields listed on Schedule 'A' attached to Corporate Services Department report CRPS-05-059; to run a concession which may include the sale of hamburgers, hot dogs, pop, water, packaged foods, etc. as well as souvenirs, provided the necessary licence, including Health and Fire approval, is obtained." 8. CRPS-05-064 - REQUEST FOR OUTDOOR FOOD AND MERCHANDISE VENDORS - DOON HERITAGE CROSSROADS - MAY?R ?nnl:i The Committee was in receipt of Corporate Services Department report CRPS-05-064, dated April 7, 2005 concerning a request to have outdoor food vendors and merchandise vendors during an Emergency Services Muster, Games and Parade event at Doon Heritage Crossroads on May 28, 2005. On motion by Councillor C. Weylie - it was resolved: "That the request of Doon Heritage Crossroads to invite three food vendors and approximately 5 merchandise vendors to operate at the Emergency Services Muster, Games and Parade on May 28, 2005 at 10 Huron Road, be approved, providing the necessary licence, including Health and Fire, is obtained; and further, That the reduced fee of $36.60 be applicable." 9. CRPS-05-065 - REQUEST FOR REDUCED LICENCE FEE - JOSEPH SCHNEIDER HAUS - HERB FAIR, APRIL 30,2005 - HEART & HAND FESTIVAL AUGUST 27 2005 The Committee was in receipt of Corporate Services Department report CRPS-05-065, dated April 8, 2005 concerning a request for a reduced licence fee for events to be held at the Joseph Schneider Haus. On motion by Councillor C. Weylie - it was resolved: "That the licence fee for the Herb Fair on April 30, 2005 and the Heart and Hand Festival on August 27, 2005, taking place at the Joseph Schneider Haus be reduced to $36.60 for each event." 10. CRPS-05-066 - APPEAL - HOT DOG CART LOCATION - 640 QUEEN STREET SOUTH The Committee was in receipt of Corporate Services Department report CRPS-05-066, dated April 8, 2005 concerning an appeal of the Manager of Licensing's decision not to issue a licence for the operation of a hot dog cart at 640 Queen Street South. Mr. R. Gosse advised that the appellant, Mr. Nisar Jafferi, had appeared before the Committee in March 2005 to appeal another location at 2191 Kingsway Drive, and was denied a licence to operate at that location. He pointed out that Mr. Jafferi has obtained permission from the property owner of a new location at 640 Queen Street South; however, the location does not FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 18 2005 - 57- CITY OF KITCHENER 10. CRPS-05-066 - APPEAL - HOT DOG CART LOCATION - 640 QUEEN STREET SOUTH lCONT'D) meet all requirements of the By-law, in that, another refreshment vehicle is currently operating within the required distance separation. Notification of Mr. Jafferi's request was given to the existing operator and no response was received. Mr. Gosse advised that staff have no concerns with granting the licence as requested by Mr. Jafferi. Councillor G. Lorentz raised concerns with respect to traffic volumes and lack of parking at the proposed location. Mr. R. Gosse agreed to contact Mr. Jafferi to ascertain the exact location and placement of the hot dog cart and to obtain comments from Traffic staff, prior to consideration of this matter at the April 25, 2005 Council meeting. On motion by Councillor C. Weylie - it was resolved: "That the appeal of Mr. Nisar Jafferi of the decision of the Manager of Licensing not to issue a licence to operate a Refreshment Vehicle (Hot Dog Cart) at 640 Queen Street South, be deferred and referred to the Amil 25 2005 Council meetino to allow additional information to be provided as to the exact location and placement of the hot dog cart and comments to be obtained from Traffic staff." 11. CAO-05-003 - BUSINESS CASE FOR THE EXPANSION OF DOWNTOWN FINANCIAL INCENTIVES: RESIDENTIAL INTENSIFICATION - UPPER STOREY RENOVATION PROGRAM The Committee was in receipt of Chief Administrator's Office report CAO-05-003, dated April 8, 2005 and attached Business Case, dated April 18, 2005 entitled 'Expansion of Downtown Financial Incentives: Residential Intensification', regarding a proposed 'Upper Storey Renovation Program'. In addition, a memorandum (S. Wright), dated April 15, 2005 was circulated this date, advising of unanimous endorsement for support of the Business Case by the Downtown Advisory Committee. Ms. S. Wright presented details of the Business Case, developed in response to direction given to staff to allocate $1 M of the $110 M Economic Development Investment Fund for residential intensification incentives. The proposed 'Upper Storey Renovation Program' is designed to enhance existing financial incentive programs by assisting owners with renovation costs in the form of a loan and grant funding, to a maximum of $100,000 per building owner, based on 50% of renovation costs. In addition, a new 'Feasibility Study Grant' will assist owners in identifying major structural issues, to a maximum of $5,000 or 50% of the study costs, to enable informed financial decisions to be made. Loans will be interest free over a 10 year period, secured through registration of a lien on title. The City's return on the $1 M investment over 10 years is estimated at $662,996, based on loan repayments and increased assessment; and private sector investments are estimated at $3.7 M. Ms. Wright advised that private lending institutions have expressed an interest in the program and would look at providing assistance to qualified owners in exploring options to cover any remaining shortfalls for their project. The boundaries for the incentive program will be based on those encompassed by the current 'Downtown Community Improvement Plan (CIP)'. Accordingly, the CIP will require an amendment to include the new incentive program which must be submitted to the Ministry of Municipal Affairs and Housing for approval. Ms. S. Wright circulated a revised recommendation and asked that it be considered in place of the recommendation contained in report CAO-05-003. The Committee then entered into discussion during which staff responded to questions, advising of the following: . difficulties experienced with the Fagade Loan Improvement Program were acknowledged, it having loans in arrears believed to be the result of allowing tenants to apply for funding; the new program is geared to owners of buildings whose applications will be scrutinized by Financial Services staff in consultation with private financial institutions and credit ratings to ensure capability to repay the loan; FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 18 2005 - 58- CITY OF KITCHENER 11. CAO-05-003 - BUSINESS CASE FOR THE EXPANSION OF DOWNTOWN FINANCIAL INCENTIVES: RESIDENTIAL INTENSIFICATION - UPPER STOREY RENOVATION PROGRAM lCONT'D) . it is not anticipated that qualifying owners will be eligible to benefit from the tax incremental phase-in program; however, staff will investigate and clarify this issue; . a 50-50 split between loan and grant funding was determined through stakeholder input and case studies and has drawn support from the private financial sector, who otherwise would not likely participate; . the business case is predicated on 50-70 new residential units; however, depending on size there is potential to increase the number of units; staff chose to work with conservative numbers to ensure viability and measurability of the program; . the program is designed to shore up the momentum realized by the sale of the Kaufman Lofts, although in a different category of smaller buildings; . the potential for spin-off economic impact is real as residential intensification provides a ready market for downtown goods and services, providing sustainability in the long term. Councillor J. Smola advised that at its April 14, 2005 meeting the Downtown Advisory Committee unanimously endorsed support of the business case for expansion of downtown financial incentives, with their only concern being whether or not $1 M will be sufficient to meet the demands of the program. Councillor Smola added that the Regional Municipality of Waterloo will also benefit from this program through increased assessment and asked that they be approached to participate in the program. Mayor C. Zehr agreed to raise this matter at the Regional level and noted that funding for the program is not representative of new tax dollars as it is derived from the existing Economic Development Investment Fund. The following motion was carried on a recorded vote with Mayor C. Zehr and Councillors J. Smola, G. Lorentz, B. Vrbanovic, M. Galloway and C. Weylie voting in favour. Councillor J. Gazzola was absent this date and accordingly, did not vote. On motion by Councillor J. Smola - it was resolved: ''That the Business Case for 'Expansion of Downtown Financial Incentives' which allocates $1 M from the Economic Development Investment Fund for renovations of upper storeys in the downtown, subject to approval by the Ministry of Municipal Affairs and Housing of revisions to the Community Improvement Plan, be approved; and further, That Chief Administrator's Office report CAO-05-003, dated April 18, 2005 be circulated to the Regional Municipality of Waterloo for possible consideration of additional funding for the Upper Storey Renovation Program." 12. CAO-05-005 - RESALE OF SITES 140 AND 141 - WASHBURN DRIVE - HURON BUSINESS PARK The Committee was in receipt of Chief Administrator's Office report CAO-05-005, dated April 5, 2005 concerning a request from 1011202 Ontario Limited for permission to sell property on Washburn Drive, in the Huron Business Park. On motion by Mayor C. Zehr - it was resolved: "That 1011202 Ontario Limited, owner of Parts 7 and 8, 58R-7426, also known as Sites 140 and 141, Washburn Drive, be permitted to sell this property to Mill-Gate Holdings Inc. provided the owner registers on title, in advance of the conveyance, the City's Standard Terms of Agreement with Land Purchasers in Phase III of the Huron Business Park, to the satisfaction of the City Solicitor or such other acknowledgement as may be required by the City Solicitor to ensure the imposition of the said Standard Terms of Agreement." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 18 2005 - 59- CITY OF KITCHENER 13. CRPS-05-068 - REGIONAL MUNICIPALITY OF WATERLOO - DRAFT PESTICIDE BY-LAW - CONSULTATION PROCESS The Committee was in receipt this date of Corporate Services Department report CRPS-05- 068, dated April 13, 2005, concerning a consultation process by the Regional Municipality of Waterloo with regard to preparation of a draft Pesticide By-law. Regional Municipality of Waterloo report PH-05-001, dated January 18, 2005 was circulated to the Committee this date as background information. The Committee was asked to give direction with regard to an appropriate date for presentation of the consultation process by Dr. Leanna Nolan, Commissioner and Medical Officer of Health and a preferred method for providing Kitchener's comments to the Region on the draft By-law. Following a brief discussion, it was agreed that this matter would be referred to the May 19, 2005 Environmental Committee for comment. In addition, staff were asked to invite Dr. Nolan to present details of the consultation process at the May 30, 2005 Council meeting, for the purpose of receiving information only. Any recommendations arising from the Environmental Committee will be forwarded after the May 30 Council meeting to the Development and Technical Services Committee for consideration and subsequent ratification by Council. 14. FIN-05-016 - COUNCILLORS' REMUNERATION AND EXPENSES 2004 The Committee was in receipt this date of Financial Services Department report FIN-05-016, dated April 14, 2005, detailing remuneration and expenses in 2004 for each member of Council and persons appointed by the municipality to serve as a member of any body, including a local board. On motion by Councillor G. Lorentz - it was resolved: "That Financial Services Department report FIN-05-016 (Councillors' Remuneration and Expenses 2004), dated April 14, 2005, be received as information." 15. ADJOURNMENT On motion, the meeting adjourned at 2:40 p.m. Janet Billett, AMCT Committee Administrator