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HomeMy WebLinkAboutFin & Corp Svcs - 2008-04-21FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 21, 200$ CITY OF KITCHENER The Finance and Corporate Services Committee met this date, commencing at 1:05 p.m. Present: Councillor J. Smola, Vice-Chair Mayor C. Zehr and Councillors J. Gazzola, K. Galloway and C. Weylie. Staff: C. Ladd, Chief Administrative Officer P. Houston, General Manager, Community Services T. Speck, General Manager, Corporate Services R. Browning, General Manager, Development & Technical Services D. Chapman, General Manager, Financial Services & City Treasurer S. Williams, Assistant City Solicitor J. Sheryer, Assistant City Solicitor R. Gosse, Director of Legislated Services & City Clerk S. Turner, Director of By-law Enforcement H. Gross, Director of Project Administration & Economic Investment S. Adams, Director, Community & Corporate Planning P. Harris, Manager of Licensing J. Billett, Committee Administrator 1. DELEGATION PRESENTATION -LAND SEVERANCE APPLICATION - TRAMMELLCROW COMPANY -GOODRICH DRIVE Councillor J. Smola advised that several individuals were in attendance this date requesting permission to speak to a matter not listed on the Committee's meeting agenda. He advised the delegations would be permitted to speak; however, no decisions would be made this date but rather their concerns would be referred to staff for further investigation. Mr. Jack Redmond, resident, raised concerns regarding a land severance application submitted by the Trammellcrow Company for lands on Goodrich Drive; the lands of which include the parcel of land the City is purchasing to construct the new Consolidated Maintenance Facility (CMF). He advised that he is appealing the land severance application to the Ontario Municipal Board (OMB) to address questions and concerns related to the application and to the City's purchase of land for the CMF. He expressed concerns with using the land severance process for the Trammellcrow Company's proposal and with the municipality not requiring planning approval for the portion of the site it is purchasing; suggesting that public input is being stymied. It was his opinion given the size and importance of the parcel that it should be developed through the subdivision process. He alleged difficulty in obtaining information from City staff and that staff have not properly considered existing community plans and other past studies that he believes have useful information in respect to the impact on adjacent lands in the Hidden Valley area. He advised that residents of the Hidden Valley area have concerns respecting the proposed development and together, they are asking that the City pause development until all planning, environmental, traffic and heritage issues, as well as all fiduciary matters, are dealt with. Mr. Redmond provided further details in respect to his alleged difficulty in obtaining information, advising that he has spoken with a number of staff since January 2008 and it has taken the past several months to obtain the information he had requested. He added that he had only recently become aware of three residents of Hidden Valley whom City staff have been meeting with to discuss their concerns, simultaneous to his attempts to compile information and ascertain if any others have made known any concerns. He stated that the Hidden Valley residents had attempted to obtain information as early as September 2007 and continue to have concerns. He noted that City staff have indicated to the residents that their issues would be dealt with through the site plan approval process; however, Mr. Redmond pointed out that while the residents have received copies of a master plan for the development they are not able to do anything with the information as the site plan process is not a public process and has no recourse of appeal. He suggested that staff is attempting to fly under the radar by meeting requirements in a technical manner, which in his opinion is not within the essence of the Planning Act. He suggested that two factors are driving the proposal forward related to a leasing opportunity for Trammellcrow Company and the City's time-line to take possession of the portion of the lands for the CMF by July 2008. He asked that focus be re-directed to undertaking indepth studies and if the land severance process is to be used rather than the subdivision process, that a comprehensive plan be developed that will address all issues. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 21.200$ - 70 - CITY OF KITCHENER 1. DELEGATION PRESENTATION -LAND SEVERANCE APPLICATION - TRAMMELLCROW COMPANY -GOODRICH DRIVE - tCONT'D) Mr. Grant Kuhn, Remax /Twin City Realty, asked to be provided with a breakdown of costs for the CMF site, including the cost of land and the cost of the existing building on site. He questioned if the City has undertaken a tendering process for renovations to the building, as well as who is responsible for paying the clean-up costs. He added that he is in favour of pausing development to obtain a better understanding of the value of the lands and how the costing was evaluated. Mr. John Nother, resident, advised that the previous delegations had addressed his concerns and he had nothing further to add. Mayor C. Zehr advised that in regard to the CMF project, associated reports /studies and breakdown of costs has been previously made available to the public through varying venues and at various times throughout the process. He noted that staff is in the process of placing all relevant documentation on-line in a single location for ease of access. He disagreed with remarks made in respect to flying under the radar, pointing out that the issue of a CMF has been debated for a number of years and the subject lands have been under consideration for more than a year. He added that a good deal of information has been provided to the public, and included two open houses at the time the preferred site was considered; which were not well attended by the public. He acknowledged that some individuals do not agree with the decision made, which is their right; however, it was his opinion that the accusations suggesting public input has been stymied and information has not been made available is false and that to suggest a pause in development is unnecessary. Mayor Zehr commented that the fiduciary matters will be dealt with by the OMB, expressing the opinion the City has undertaken its' due diligence and will withstand scrutiny of the OMB. He added that in reading the documentation that will be posted to the City's website, he believed many of the questions raised by the delegations would be answered and for those who do not have access to the Internet, the materials will be made available in printed copy. Ms. C. Ladd explained the differences in planning process, noting that the subdivision process is primarily used when new municipal infrastructure is required and/or a significant number of lots is proposed. It was her understanding that there is no new infrastructure required for the lands involved and the lots proposed will front onto existing rights-of-way (ie. Wilson Avenue and the Wabanaki extension). She added that the type of process dictates when studies are to be completed, with the subdivision process requiring studies to accompany an application; whereas, the land severance process provides that any required studies can be applied as a condition of approval which must then be completed prior to actual severance of land. In respect to renovation of the building acquired by the City, she advised that Trammellcrow is responsible for cleaning the inside of the building pursuant to the purchase agreement and any subsequent renovations to be done by the City will be tendered out in accordance with the City's standard policy. She further advised that a substantial number of studies and reports have been completed for the CMF project, and in providing the information, staff has been careful to ensure that it is given in a format that is useful and understandable to the public; however, all information is available on request. In respect to the residents of Hidden Valley, she pointed out that an email inquiry sent in September 2007 was not received because of an incorrect email address but once known of, staff maintained the residents' rights to object to the Ministry and entered into discussions with them, resulting in an agreement to keep them informed through an appointed staff liaison and to consult with them on the site plan process. She added that a number of considerations have been taken into account on the site plan and the effect it will have on Hidden Valley, including traffic impact; and it is staff's intent to honour their agreement to maintain an open, inclusive process. Ms. Marcia Redmond, resident, suggested that the City has not addressed the discrepancy regarding the purchase price of the CMF lands as reported in the media. She also questioned if the OMB appeal takes precedence or if the City would still be in a position to proceed with their development notwithstanding. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 21, 200$ - 71 - CITY OF KITCHENER 1. DELEGATION PRESENTATION -LAND SEVERANCE APPLICATION - TRAMMELLCROW COMPANY -GOODRICH DRIVE - tCONT'D) Mayor Zehr stated that what has been reported in the media is only an interpretation of the transaction. He advised that given the volume of information it would not be possible to review all financial aspects at this time and suggested that Ms. Redmond review the material posted on the City's webpage; following which if she still had questions she could contact the City for additional clarification. Ms. Ladd advised that the land severance application is to create lots for Trammellcrow and the severance process is also proposed to be used for subsequent development of their lands. She pointed out that the City is buying an existing building for which they can proceed to renovate once the transaction has been finalized; and in respect to the land purchase the City is not required to go through the planning process and can proceed notwithstanding the appeal to the OMB. Ms. Redmond was advised to contact Mr. Hans Gross, Director of Project Administration & Economic Investment, in the event she requires further clarification of the information on the City's website. 2. CRPS-0$-05$ -ENCROACHMENT AGREEMENT -DANDY'S PATIO - $5 KING STREET WEST The Committee considered Corporate Services Department report CRPS-08-058, dated April 15, 2008 concerning a request from Dandy's Restaurant to obtain an encroachment agreement to allow operation of an outdoor patio. Mr. Randall Martin, Solicitor, attended on behalf of his client Mr. Bardouniotis, owner of Dandy's Restaurant, in support of his request to operate an outdoor patio at 85 King Street West. He spoke to the issues relayed in a letter of objection from Mr. Troy Wideman, Wideman Holding Inc., regarding drugs, prostitution, heckling and drunkenness, advising that Mr. Bardouniotis shares these same concerns. He stated that his client does not serve those in an intoxicated state and he ejects such persons from the premises. He advised that his client posts a set of rules and spends time on the patio enforcing them, which include: a dress code; no dogs or bikes permitted to be attached to the patio fence; and zero tolerance of heckling. He added that persons stop on the other side of the fence and the owner takes steps to move them along; however, he is not responsible for those on the outside of the patio fence. Mr. Martin advised that his client is unaware of any incidents involving the police and his patrons while in his establishment and the only complaint he is aware of had to do with the security of the patio umbrellas which was addressed. Mr. Martin maintained that the revenue received from the patio operation is important to the financial status of the business and suggested that the problems are associated with other citizens using the Downtown. In respect to the complaints outlined in the staff report concerning rude /rowdy comments and intoxicated patrons, Mr. Martin advised that according to his client this is not the case and that any patron perceived to be, is ejected from the premise. He re-iterated that persons stop on the other side of the fence to which his client has no control. He added that he has visited his client's establishment on several occasions and has not personally witnessed such behaviour. Mayor C. Zehr stated that he has received a number of complaints concerning this establishment, not all of which have been formally filed by the complainants. He added that he has personally witnessed unacceptable behaviour and intoxicated persons on the premise, as recently as this past week. Mayor Zehr advised that he could not support allowing an outdoor patio at this location as in his opinion it would not have any positive impact to the Downtown. Councillors C. Weylie and J. Smola agreed, advising that they also have received complaints concerning this location and the Kitchener Downtown Business Association has had to deal with complaints arising from this location on many occasions. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 21, 200$ - 72 - CITY OF KITCHENER 2. CRPS-0$-05$ -ENCROACHMENT AGREEMENT -DANDY'S PATIO - $5 KING STREET WEST tCONT'D) On motion by Mayor C. Zehr - it was resolved: "That the request of Dandy's Restaurant, 85 King Street West to obtain an encroachment agreement for an outdoor patio for 2008 be denied." 3. CRPS-0$-050 -REGION OF WATERLOO WEED CONTROL BY-LAW -GIANT HOGWEED The Committee considered Corporate Services Department report CRPS-08-050, dated April 15, 2008 concerning a request to the Region of Waterloo to provide for control of a noxious weed, known as Giant Hogweed, under the Region's Weed Control By-law. On motion by Councillor K. Galloway - it was resolved: "WHEREAS the Council of the Corporation of the City of Kitchener has been made aware of the potential health risks to both humans and animals, posed by the weed commonly known as Giant Hogweed (GHW) (heracleum mantegazzianum); and, WHEREAS GHW can present a public health hazard to those susceptible to reactions from furocoumarins in the plant's sap, causing blindness, and or painful, photo- dermatitis/sensitivity to the skin, including permanent scarring; and, WHEREAS extreme precaution must be undertaken by anyone handling GHW; and, WHEREAS GHW is a very aggressive and invasive plant that could cause interference with agricultural crop practices and environmental ecosystems if not controlled; and, WHEREAS GHW is prevalent in other municipalities throughout the Region of Waterloo and Ontario; and, WHEREAS the plant GHW is commonly mistaken for Giant Cow's Parsnip; and, WHEREAS this plant is regulated as a noxious weed in other jurisdictions; and, WHEREAS the Waterloo Federation of Agriculture supports this request; THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener requests the Region of Waterloo to declare the weed commonly known as Giant Hogweed (heracleum mantegazzianum) as a locally noxious weed under Regional By-law; and further, That this resolution be circulated to all municipalities within the Region of Waterloo for their support." 4. CRPS-0$-052 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - GRAND RIVER COLLEGIATE -RELAY FOR LIFE EVENT The Committee considered Corporate Services Department report CRPS-08-052, dated April 14, 2008 concerning a noise exemption request. On motion by Councillor K. Galloway - it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Grand River Collegiate Institute at 175 Indian Road, for their Relay for Life Event to be held from 7:00 P.M. on May 9, to 7:00 A.M. on May 10, 2008." FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 21, 200$ - 73 - CITY OF KITCHENER 5. CRPS-0$-053 -EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - DOWNTOWN STREET CLEANING The Committee considered Corporate Services Department report CRPS-08-053, dated April 14, 2008 concerning a noise exemption request. It was noted in the agenda that any recommendation from the Committee concerning this matter would be considered at the special Council meeting to be held later this same date. On motion by Councillor K. Galloway - it was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to permit the Community Services Department, through an independent contractor, to undertake cleaning of the streets and sidewalks in the Downtown Core between the hours of 10 PM and 6 AM on various dates between May 4 and May 10, 2008." 6. CRPS-0$-04$ -REQUEST FOR PERMISSION TO SELL REFRESHMENTS IN VICTORIA PARK - EXEMPTION TO CHAPTER 450 (NOISE) OF THE MUNICIPAL CODE - WORLD PARTNERSHIP WALK -MAY 25, 200$ The Committee considered Corporate Services Department report CRPS-08-048, dated April 7, 2008 concerning a request to sell refreshments in Victoria Park for a special event. On motion by Councillor K. Galloway - it was resolved: "That the request of the World Partnership Walk to sell refreshments in Victoria Park on May 25, 2008, be approved, provided the necessary licence is obtained, including Health and Fire approvals; and further, That the World Partnership Walk be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event in Victoria Park on May 25, 2008 from 11:00 a.m. to 3:00 p.m." 7. CRPS-0$-049 -REQUEST FOR SALE OF FOOD AND SOUVENIRS AT ALL TOURNAMENTS ON CITY SPORTSFIELDS The Committee considered Corporate Services Department report CRPS-08-049, dated April 7, 2008 concerning a request to sell food and souvenirs at all tournaments on City sportsfields. On motion by Councillor K. Galloway - it was resolved: "That approval be granted to sports organizations that are holding tournaments, during the months of May through November, 2008 and who have received Field Rental Permits/Contracts from Community Services at the sportsfields listed on Schedule `A' attached to Corporate Services Department report CRPS-08-049; to run a concession which may include the sale of hamburgers, hot dogs, pop, water, packaged foods, etc., as well as souvenirs; provided the necessary licence, including Health and Fire approvals is obtained." 8. CRPS-0$-055 -REQUEST TO OPERATE HOT DOG CARTS AT 273 STOKE DRIVE & 112 WEXFORD CRESCENT - ANNUAL COMMUNITY GARAGE SALE -MAY 3, 200$ The Committee considered Corporate Services Department report CRPS-08-055, dated April 14, 2008 concerning a request to operate hot dog carts for a special event. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 21, 200$ - 74 - CITY OF KITCHENER 8. CRPS-A$-055 -REQUEST TO OPERATE HOT DOG CARTS AT 273 STOKE DRIVE & 112 WEXFORD CRESCENT - ANNUAL COMMUNITY GARAGE SALE -MAY 3, 200$ tCONT'D) It was noted in the agenda that any recommendation from the Committee concerning this matter would be considered at the special Council meeting to be held later this same date. On motion by Councillor K. Galloway - it was resolved: "That the request of Les Halat to operate two hot dog carts at 273 Stoke Drive and 112 Wexford Crescent during an annual Community Garage Sale on May 3, 2008, be approved, provided the necessary licence is obtained, including Health and Fire approvals." 9. CRPS-A$-056 -REQUEST TO OPERATE A HOT DOG CART AT 106 STOKE DRIVE - ANNUAL COMMUNITY GARAGE SALE -MAY 3. 200$ The Committee considered Corporate Services Department report CRPS-08-056, dated April 14, 2008 concerning a request to operate a hog dog cart for a special event. It was noted in the agenda that any recommendation from the Committee concerning this matter would be considered at the special Council meeting to be held later this same date. On motion by Councillor K. Galloway - it was resolved: "That the request of Zbigniew Wilk to operate a hot dog cart at 106 Stoke Drive during an annual Community Garage Sale on May 3, 2008, be approved, provided the necessary licence is obtained, including Health and Fire approvals." 10. CRPS-A$-057 -REQUEST FOR VARIOUS EVENTS IN THE DOWNTOWN DURING 200$ The Committee considered Corporate Services Department report CRPS-08-057, dated April 14, 2008 concerning a request for approval to sell food /alcohol /merchandise and provide for noise exemptions for various Downtown events. Councillor C. Weylie raised concerns with regard to the closing times for certain events, inquiring if 1:00 a.m. and 2:00 a.m. closings is normal. Mr. S. Turner advised that as his Division is not involved with the planning of the events he would have to consult with Community Services staff and report back. On motion by Councillor C. Weylie - it was resolved: "That the following recommendation contained in Corporate Services Department report CRPS-08-057 (Request for Various Events in Downtown during 2008) be deferred and referred to the Mav 5. 2008 Council meeting. pending additional information from staff regarding closing times for certain events to be held in Victoria Park and/or at City Hall: That the request for the sale of food and/or merchandise on City property during various events being conducted from May to December 2008, listed on Schedule `A' of Corporate Services Department report CRPS-08-057, be approved, provided the necessary licences are obtained, including Health and Fire approvals; 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- 08-057 be granted; and further, FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 21, 200$ - 75 - CITY OF KITCHENER 10. CRPS-0$-057 -REQUEST FOR VARIOUS EVENTS IN THE DOWNTOWN DURING 200$ - tCONT'D) That the request for permission to sell alcohol on City property for the events listed on Schedule `C' of report CRPS-08-057 be granted and be declared "Community Festivals" for the purpose of applying for a liquor licence." 11. FIN-0$-046 -REAL ESTATE SERVICES CONTRACT EXTENSION The Committee considered Financial Services Department report FIN-08-046, dated April 8, 2008 concerning extension of a Real Estate Services Contract. On motion by Councillor K. Galloway - it was resolved: "That the Real Estate Services contract which had been awarded to Coldwell Banker Commercial -Peter Benninger Realty be extended for an additional one year period with an option to renew for one additional one year term." 12. CRPS-0$-054 -REQUEST TO EXTEND PLACE OF REFRESHMENT LICENCE -CLASS A - CAFE AZZURO - 347 LANCASTER STREET WEST The Committee considered Corporate Services Department report CRPS-08-054, dated April 14, 2008 concerning extension of a temporary Class A -Place of Refreshment Licence for Cafe Azzuro. Mr. R. Gosse advised that staff is in the process of arranging dates with the business owners to hold the licensing tribunals and hoped to have dates established later this week for hearings in May. It was noted in the agenda that any recommendation from the Committee concerning this matter would be considered at the special Council meeting to be held later this same date. On motion by Councillor C. Weylie - it was resolved: "That the temporary Class A -Place of Refreshment Licence for Cafe Azzuro, located at 347 Lancaster Street West, be extended until June 30, 2008." 13. FIN-0$-047 -PROJECT UPDATE -CORPORATE FINANCIAL INFRASTRUCTURE MANAGEMENT SYSTEM tDELTA PROJECT) The Committee considered Financial Services Department report FIN-08-047, dated April 11, 2008 concerning the status of the Corporate Financial Infrastructure Management System (Delta Project). Mr. D. Chapman advised that the Blueprint Phase of the project has been completed successfully and was signed off by the Joint Steering Committee on March 26, 2008. The next project status report will be provided to the Committee on August 11, 2008 following conclusion of the initial playback of the realization phase. Mr. Chapman advised that the project remains on target to go live on January 1, 2009. 14. CRPS-0$-059 -RULES OF PROCEDURE FOR LICENSING TRIBUNALS The Committee considered Corporate Services Department report CRPS-08-059, dated April 18, 2008 concerning adoption of Rules of Procedure for City Business Licensing Committees. Ms. Sian Williams advised that the purpose of the Rules of Procedure, as attached to report CRPS-08-059, is to improve the efficiency and timeliness of the hearing process; create certainty of process for all parties; and to enhance the fairness and transparency of the hearing process. She added that the rules as currently written require minor adjustments to correct typographical errors and/or re-phrasing, and suggested that the Rules could be adopted this date subject to the satisfaction of the City Solicitor. FINANCE & CORPORATE SERVICES COMMITTEE MINUTES APRIL 21.200$ - 76 - CITY OF KITCHENER 14. CRPS-0$-059 -RULES OF PROCEDURE FOR LICENSING TRIBUNALS tCONT'D) Ms. Williams responded to questions concerning past hearings during which the process was slowed by lengthy deliberations as the result of motions filed during the hearing. She advised that the Rules of Procedure have been designed to require motions to be made in advance of the hearing and also include disclosure provisions to stream-line the hearing process. Ms. J. Sheryer added that the Rules of Procedure also now provide for pre-hearing conferences to allow the parties to meet prior to a hearing to determine issues of non-contention. Councillor J. Gazzola questioned if it would be appropriate to have the local Law Society review the Rules of Procedure prior to their adoption. Ms. S. Williams advised that the City has legislated mandate to develop Rules of Procedures and the City's Legal staff is satisfied that they provide procedural fairness and are appropriate within a licensing tribunal context. Ms. Sheryer added that the Rules of Procedure are based on a model used by other municipalities, tailored to meet the City's needs and are not out of the ordinary in comparison. Ms. Williams expressed the opinion that it would serve no purpose to have an outside agency review the Rules of Procedure, and noted that all parties including the City are required to adhere to the rules. On motion by Councillor C. Weylie - it was resolved: "That the Rules of Procedure for City Business Licensing Committees, as appended to Corporate Services Department report CRPS-08-059, be approved, subject to the satisfaction of the City Solicitor." 15. ADJOURNMENT On motion, the meeting adjourned at 2:20 p.m. Janet Billett, AMCT Committee Administrator