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HomeMy WebLinkAboutFinance & Admin - 2000-05-29FAC\2000-05-29 FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 297 2000 CITY OF KITCHENER The Finance and Administration Committee met this date commencing at 10:00 a.m. under Councillor J. Ziegler, Chair, with the following members present: Councillors K. Taylor-Harrison, John Smola, Jake Smola, B. Vrbanovic, J. Haalboom, T. Galloway, G. Lorentz and C. Weylie. Mayor C. Zehr and Councillor M. Yantzi entered the meeting after its commencement. Officials Present: Ms. P. Houston, A. Menon, J. Koppeser, K. Langver and Messrs. B. Stanley, J. Shivas, G. Sosnoski, F. Pizzuto and L. W. Neil. 1. BPS-00-063 - 5 LAYTON STREET BY-LAW TO AUTHORIZE CLEAN-UP AT 5 LAYTON STREET - CHAPTER 650 (LOT MAINTENANCE) OF MUNICIPAL CODE The Committee considered Business and Planning Services staff report BPS-00-063 dealing with a proposed by-law to authorize clean-up at 5 Layton Street under Chapter 650 (Lot Maintenance) of the City of Kitchener Municipal Code. The various types of waste to be removed were listed in the staff report. Mr. Joseph Ruth appeared as a delegation in regard to this matter and advised that he had commenced clean-up of the property but had experienced some delay because of the weather. In response to Councillor J. Ziegler, he advised that it would take him approximately two weeks to complete clean-up of the property. Councillor C. Weylie noted that previously Mr. Ruth had been given until the end of February 2000 to clean up the property and indicated she could not support any extension. Councillor K. Taylor-Harrison commented she would support a two-week extension to allow the property owner to complete the clean-up. Councillor Jake Smola commented on the responsibility of the City to ensure such properties were brought into compliance with the Municipal Code in support of all other property owners who maintain their properties in such condition as to enhance the neighbourhood. He questioned when staff would move in to clean up the property if a by-law was passed in this regard and was advised that staff would act as soon as possible thereafter. On motion by Councillor K. Taylor-Harrison - it was resolved: "(a) That the following recommendation be deferred and referred to the June 12, 2000 meetings of the Finance and Administration Committee and special Council. 'That City Council consider a by-law at its special meeting of June 12, 2000 authorizing the removal of waste material at 5 Layton Street and at the expense of the property owner, if the work has not been done by the owner on or before June 12, 2000.' (b) And further, that the Property Standards Officer be instructed to inspect 5 Layton Street early on the morning of Monday, June 12, 2000 and report on the conditions of the property when the Committee deals with this matter on June 12, 2000." BPS-00-066 - 939 STRASBURG ROAD - APPLICATION FOR EXEMPTION FROM PIGEON BY-LAW - CHAPTER 408 (ANIMAL-REGULATIONS) OF MUNICIPAL CODE The Committee was in receipt of Business and Planning Services staff report BPS-00-066 dated May 17, 2000. The report deals with an application filed by Mr. Sava Cupic requesting exemption to Chapter 408 (Animal-Regulations) of the City of Kitchener Municipal Code which staff recommend be refused. Mr. Branko Cupic owner of 939 Strasburg Road appeared as a delegation on behalf of the applicant. He indicated that he was aware the pigeon coop did not meet the minimum 40 foot distance requirement from a neighbouring property and that he was aware the applicant had FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 29, 2000 - 48- CITY OF KITCHENER BPS-00-066 - 939 STRASBURG ROAD - APPLICATION FOR EXEMPTION FROM PIGEON BY-LAW - CHAPTER 408 (ANIMAL-REGULATIONS) OF MUNICIPAL CODE (CONT'D) been allowing pigeons to fly on non-race days. In reponse to Councillor G. Lorentz, Mr. B. Cupic confirmed that his parents have had discussions with the Humane Society regarding this matter. Councillor M. Yantzi entered the meeting at this point. Ms. K. Langver MLEO/PSO appeared before the Committee and distributed pictures of the subject property. She commented on concerns expressed by the Humane Society respecting experience with the applicant's pigeon coop at a previous property and pointed out that the Humane Society staff had met with the applicant on a few occasions. Ms. Langver indicated that moving the pigeon coop would not resolve the minimum distance problem as it would affect another residential property. She then provided information from area residents documenting almost daily flying that was taking place since May 13, 2000. Ms. Langver then summarized the concerns relative to this installation and the history of warnings and non-compliance on the part of the applicant. The Committee briefly discussed the matter and several Councillors expressed support for the recommendation of the staff report. On motion by Councillor B. Vrbanovic - it was resolved: "That the application of Mr. Sava Cupic, 939 Strasburg Road, requesting exemption to Chapter 408 (Animal - Regulations) of the City of Kitchener Municipal Code, be refused; and further, That the applicant take down and remove the pigeon coop structure from 939 Strasburg Road by June 19, 2000." CRPS-00-014 - REQUEST FOR FIREWORKS DISPLAY - KITCHENER MEMORIAL AUDITORIUM COMPLEX The Committee considered staff report CRPS-00-014 dated May 23, 2000 from the Manager of Licensing prepared in response to a request for approval of a fireworks display at the Kitchener Memorial Auditorium Complex. On motion by Councillor K. Taylor-Harrison - it was resolved: "That the request of the Kitchener Memorial Auditorium's 50th Anniversary Committee to hold a Fireworks Display on June 16, 2000 be approved, provided the necessary Fire Permit is obtained." CRPS-00-015 - REQUEST FOR OKTOBERFEST MONSTER BINGO AND BREAK-OPEN TICKET LOTTERY - BIG BROTHERS OF KITCHENER-WATERLOO The Committee was in receipt of staff report CRPS-00-015 dated May 23, 2000 from the Manager of Licensing prepared in response to a request from the Big Brothers for permission to conduct a Monster Bingo and Break-Open Ticket Lottery during Oktoberfest. On motion by Councillor T. Galloway - it was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the Big Brothers of Kitchener-Waterloo to conduct a Monster Bingo and Break-Open Ticket Lottery on October 9, 2000 at the Kitchener Memorial Auditorium Complex (Kiwanis Arena)." LEG-00-006 - DECLARATION OF PART OF FORMER 90 HEINS AVENUE AS SURPLUS AND SALE TO OWNERS OF 94 HEINS AVENUE FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 29, 2000 - 49- CITY OF KITCHENER The Committee dealt with staff report LEG-00-006 dated May 24, 2000 from the City Solicitor. The purpose of the report is to request approval for part of 90 Heins Avenue to be declared as property that was surplus to the City's needs. Background relative to this matter was provided in the report. Mayor C. Zehr entered the meeting at this point. Councillor M. Yantzi questioned if there had been any involvement on the part of Community Services in this matter because the long-term use of open space in this area has not been resolved. He noted that an individual had suggested this open space might be put to a community garden use. Mr. J. Shivas advised that the lands in question were a very small parcel and that the issue had been brought to the attention of Management Committee. On motion by Councillor G. Lorentz - it was resolved: "That approximately 1,135 square feet of the property formerly known as 90 Heins Avenue, described as Part of Lot 3, Registered Plan 282 and adjacent to 94 Heins Avenue, be declared surplus to the City's needs; and further, That the City accept the offer of Fred and Virginia Frank dated February 22 and May 11, 2000 to purchase the parcel for $1.00 per square foot plus the cost of a reference plan. BPS-00-062 - 231 GRAND RIVER BOULEVARD BY-LAW TO AUTHORIZE REPAIRS -CHAPTER 665 (PROPERTY STANDARDS OCCUPANCY) OF MUNICIPAL CODE FOR MAINTENANCE AND The Committee was in receipt of staff report BPS-00-062 dated May 17, 2000 dealing with a recommendation pertaining to a proposed by-law to authorize repairs at 231 Grand River Boulevard at the expense of the property owner. It was noted in the report that there has been non-compliance with the City's Municipal Code to effect repairs as a result of damage to the dwelling from a fire. The Committee was in receipt of a fax request from Mr. M. Grossman, Shuh Cline & Grossman, who is acting as legal counsel for the property owner of 231 Grand River Boulevard, requesting that the matter be adjourned for two weeks due to a personal scheduling conflict. Councillor C. Weylie commented that the Property Standards Committee in dealing with this matter had extended every consideration to Mr. Grossman, for a several month period as the Committee attempted to deal with the Property Standards Order to Comply. If the matter was to be deferred this date, Councillor C. Weylie requested that the law firm be contacted and asked to ensure that a solicitor would be present on June 5th to represent their client. Councillor M. Yantzi referred to a peremptory legal term which Ms. A. Menon responded to. She suggested that if Council was to defer consideration this date, it could be conveyed to Mr. Grossman that it was Council's intent to deal with and finalize this matter on June 5th and that a solicitor from his firm should be present if the firm wished to provide input into the matter. Mayor C. Zehr supported not considering the matter at this meeting and dealing with it at the June 5, 2000 Council meeting. Councillor B. Vrbanovic indicated that he was in agreement with not considering the matter this date and instead dealing with it at the June 5th Council meeting after proper notification. He further commented that he could not think of any reason why the matter should be further deferred on June 5th. Councillor Jake Smola opposed deferring this matter to the Council meeting and questioned why the City would treat this matter any differently than any other matter where appropriate notification has been given. Mr. J. Shivas noted that the legal counsel for the property owner has requested adjournment this date because he was committed in another forum. He suggested it would be prudent on BPS-00-062 - 231 GRAND RIVER BOULEVARD BY-LAW TO AUTHORIZE REPAIRS FINANCE & ADMINISTRATION COMMITTEE MINUTES MAY 29, 2000 - 50- CITY OF KITCHENER -CHAPTER 665 (PROPERTY STANDARDS FOR MAINTENANCE AND OCCUPANCY) OF MUNICIPAL CODE (CONT'D) the part of the Committee to demonstrate fairness by not considering the matter this date. On motion by Councillor B. Vrbanovic - it was resolved: "That consideration of Business and Planning Services staff report BPS-00-062 (By-law to authorize repairs at 231 Grand River Boulevard) be deferred and referred to the June 5, 2000 City Council meeting; and further, That Mr. Gary Windsor, owner of 231 Grand River Boulevard and Mr. Mark Grossman, Shuh Cline & Grossman, be notified this matter will be heard by City Council at 7:00 p.m. on Monday June 5, 2000 in order that he or another solicitor from the firm attend to represent their client." 7. ADJOURNMENT On motion, the meeting adjourned at 10:45 a.m. Len W. Neil Assistant City Clerk