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HomeMy WebLinkAboutFinance & Admin - 2000-09-25FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 25, 2000 CITY OF KITCHENER The Finance and Administration Committee met this date, chaired by Councillor T. Galloway, commencing at 10:10 a.m., with the following members present: Mayor C. Zehr, Councillors G. Lorentz, Jake Smola, John Smola, K. Taylor-Harrison, B. Vrbanovic, C. Weylie and M. Yantzi. Councillor J. Ziegler was in attendance for part of the meeting. Others Present: Ms. P. Houston, Ms. L. MacDonald, Ms. J. Koppeser, Ms. A. Menon, Ms. S. Tranter, Ms. K. Langver, Ms. P. Ferraro and Messrs. S. Gyorrfy, B. Stanley, F. Pizzuto, R. Pritchard, D. Paterson, G. Sosnoski and Ms. D. Gilchrist. 1. CRPS-00-072 - 3328 KING STREET EAST - APPEAL TO MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLES) The Committee was in receipt of staff report CRPS-00-072, dated 2000-09-20, with respect to an appeal received from Mr. B. Eby on behalf of his client Mr. A. Ferreira, requesting an exemption from the distance separation requirements of Municipal Code Chapter 586 (Refreshment Vehicles) to locate a chip wagon at 3328 King Street East, Kitchener. In the report, Ms. Koppeser advises the Committee that her office has received complaints about traffic concerns in this area with regard to the fruit/vegetable stand operation. Mr. Eby, solicitor for Mr. Ferreira, appeared as a delegation representing his clients' request for an exemption to Municipal Code 586 (Refreshment Vehicles) to locate a chip wagon at 3328 King Street East. Mr. Eby noted that there is only one place of refreshment within the separation distance of 200 metres and as of this meeting, no objections have been received. He noted that, from lot line to lot line, the separation distance between the chip wagon location and the closest place of refreshment is 186 metres. The distance between the chip wagon and the actual building containing the place of refreshment is in excess of 200 metres. Mr. Eby stated that the By-law does not speak to the location of establishments on lots. He noted that in the past, Council has dealt with lots and measured from lot lines to lot lines; however, that is not in keeping with the wording of the By-law. The Committee discussed roadworks taking place on River Road and on King Street East and staff was questioned as to whether they have had discussions with Regional staff as to how the operation of this chip wagon may be impacted. Ms. Koppeser advised that she has had no discussions with Regional staff in this regard and the only complaints that she has received are relative to the fruit/vegetable stand in this area. Councillor B. Vrbanovic put forward a motion to defer and refer this matter to Council in order to obtain input from Regional staff on any concerns they may have with respect to road improvements in this area. Councillor Jake Smola asked that staff also discuss with the Region the fruit and vegetable stand in the area and whether or not it will continue to be a problem. Mr. B. Eby requested that an opinion be obtained from the City's Legal Department on Council's interpretation of the By-law. On motion by Councillor B. Vrbanovic- it was resolved: "That consideration of the request of Mr. Antonio Ferreira for an exemption to Municipal Code Chapter 586 (Refreshment Vehicles) to permit him to locate a chip wagon at 3328 King Street East be deferred and referred to the Council Meetinq of October 2, 2000, pending a staff report outlining any concerns the Region of Waterloo may have with this location relative to improvements on King Street East south of Fairway Road and on River Road." Councillor J. Ziegler entered the meeting at this time. FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 25, 2000 - 78- CITY OF KITCHENER 2. CRPS-00-073 - 471 KING STREET EAST - APPEAL TO MUNICIPAL CODE CHAPTER 586 (REFRESHMENT VEHICLES) The Committee was in receipt of staff report CRPS-00-073, dated 2000-09-20, with respect to a request received by Mr. Hoang Nguyen to locate a chip wagon at 471 King Street East, Kitchener. It was noted in the report that there are six places of refreshment within the 200 metre distance separation who have been notified of this appeal. Two letters from owners of businesses within that 200 metres are attached to the staff report. Mr. Hoang Nguyen appeared as a delegation to represent his request. He noted that he is requesting permission for a chip wagon at 471 King Street East which is between Charles Street and Madison Avenue. He noted that the actual location for the chip wagon is on the Charles Street frontage and not the King Street frontage. In support of his request, Mr. Nguyen advised that there are no similar services in that area and that his premises are neat and clean. Upon questioning about the appearance of the property and whether or not there is room for vehicles to pull off Charles Street, Mr. Nguyen provided photographs of the site. Councillor M. Yantzi moved approval of the request noting that this is an interim use for the property until it is redeveloped. Councillor Jake Smola advised that he would like to support the motion but was concerned that this would set a precedent, as there is one objector to the approval to this exemption. He noted a previous refusal, by Council, of a similar request for a location at Wilson Avenue and Fairway Road, refused primarily because there was an objector to the location of a refreshment vehicle. Councillor K. Taylor-Harrison advised that she is in support of the motion as the restaurant most affected by this chip wagon has advised, in writing, that they have no objection. She advised that she has visited the site and that the applicant has done a good job in cleaning up the site and improving its appearance. Councillor J. Ziegler questioned whether the chip wagon has been operating without a licence and Ms. Koppeser advised it has not been operating. Councillor Ziegler then advised that he would like to support the request but agrees with Councillor Jake Smola about creating a precedent. He suggested deferral of the request to allow the Ward Councillor to discuss the matter with the objector. Councillor M. Yantzi responded that the previous applicant at Fairway Road and Wilson Avenue operated in defiance of the requirements. Councillor Yantzi suggested that each situation should be considered on its own merits and that the Committee should not be concerned with setting precedents. On motion by Councillor B. Vrbanovic- it was resolved: "That consideration of the request of Hoang Nguyen for an exemption to Municipal Code Chapter 586 (Refreshment Vehicles) to permit him to locate a chip wagon at 471 King Street East be deferred and referred to the Council meetinq of October 2, 2000, pending the outcome of discussions between the Ward Councillor and the owner of Coffee Time Donuts, 450 King Street East." Councillor J. Ziegler assumed the chair at this time. LEG-00-055 - 355 RIVERBEND DRIVE REQUEST TO USE CITY-OWNED LAND The Committee was in receipt of staff report LEG-00-055, dated 2000-09-20, recommending refusal of the request of P. I. Auto Wreckers for use of City-owned lands to the rear of 355 Riverbend Drive. The report also recommends that P. I. Auto Wreckers be required to remove the fence, fill, wrecked vehicles and other materials from the City's lands. They have been requested to do so by September 29, 2000. Mr. George Olinskie appeared as a delegation with respect to his request for use of City-owned land to the rear of his property at 355 Riverbend Drive. He advised that Mr. Yilnaz Ertan FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 25, 2000 - 79- CITY OF KITCHENER LEG-00-055 - 355 RIVERBEND DRIVE REQUEST TO USE CITY-OWNED LAND (CONT'D) operates the business at this property and he will remove the fill and put the property back into shape. When questioned by Mayor C. Zehr, Mr. Olinskie advised that all the required work on the City's property will be completed by September 29. Mr. Olinskie requested permission for access to the rear of his property over a portion of City- owned land. He indicated that he would like to gain access to his land across City-owned land at the south westerly end of the access road leading to the Pumping Station. When questioned by the Committee, Ms. L. MacDonald advised that an encroachment agreement would be required with the property owner and the tenant. Councillor Jake Smola requested that the encroachment agreement include the requirement that no fill, wrecked vehicles or other materials be kept on the City-owned land, and should such take place that the City would clean up the property and charge the owner for the costs. On motion by Councillor C. Weylie - it was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the property owner and the tenant of 355 Riverbend Drive to permit access across City-owned land located immediately behind 355 Riverbend Drive and east of the Conestoga Expressway and to permit the installation and maintenance of a chain-link fence and gate to the east of the Region's Pumping Station on a portion of the said City land." 4. UP-DATE ON REQUEST TO EXPAND BOUNDARY OF DOWNTOWN IMPROVEMENT AREA 5 The Committee was in receipt of a written submission from Ms. Molly Green, Manager - Operations, Kitchener Downtown Business Association, dated 2000-09-20, providing an up-date on the KDBA's process and request for an expansion to the Downtown Improvement Area to match the boundaries proposed in the City's Municipal Plan Amendment Application MP 99/06/D/JG. Ms. Green was in attendance to advise that it is the KDBA's intention to return to this Committee once the Municipal Plan Amendment has been approved to ask for permission to proceed with the formal process of expanding the Downtown Improvement Area. Councillor B. Vrbanovic referred to a facsimile transmission from the Cora Group which had been distributed at the meeting and Ms. Green noted that there are two major property owners in the downtown, being Manulife and the Cora Group. She advised that they have guaranteed seats on the Board of Directors for the KDBA and that their tenants can apply for seats. She noted that guaranteed seats on the Board of Directors for tenants has to be discussed by the KDBA. When questioned by the Committee, Ms. P. Houston advised that the fee for membership in the KDBA is based on market value assessment and every property in the area is assessed a fee. Ms. Green advised that there is a proposal to reduce the fee assessment from 8% to 5% but it has yet to be voted on. When questioned by Mayor C. Zehr, Ms. Green advised that between now and the end of the year, there will be liaison between the KDBA and the Cora Group and its tenants. BPS-00-123 - 939 STRASBURG ROAD EXEMPTION TO MUNICIPAL CODE CHAPTER 408 (ANIMAL - REGULATIONS) RE: PIGEONS The Committee was in receipt of staff report BPS-00-123, dated 2000-09-18, with respect to a request from Mr. Sava Cupic for an exemption to Municipal Code Chapter 408 (Animal - Regulations) to allow him to keep his pigeons and pigeon coop at the property where he resides at 939 Strasburg Road, Kitchener. 5 BPS-00-123 - 939 STRASBURG ROAD FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 25, 2000 CITY OF KITCHENER EXEMPTION TO MUNICIPAL CODE CHAPTER 408 (ANIMAL - REGULATIONS) RE: PIGEONS (CONT'D) Councillor T. Galloway put forward the recommendation contained in the staff report and Councillor Jake Smola requested a recorded vote. Ms. K. Langver reviewed the staff report and the history of the problems with this property with respect to keeping pigeons. She advised that a trial date has been set for October 13, 2000. She also advised that it is because the trial date has been set that Mr. Cupic has reapplied for an exemption to the Municipal Code. Councillor J. Ziegler suggested that, in addition to refusing the application, the Committee should be recommending that the pigeon coop be demolished. Councillor G. Lorentz questioned what action should be taken to stop the repetitive nature of this violation and Ms. K. Langver advised that it would be up to the Justice of the Peace to set a fine and if Mr. Cupic continues to house the pigeons on the property he will continue to be charged. The Committee briefly discussed the matter generally agreeing that they would not be willing to deal with a further application from Mr. Cupic for an exemption to Municipal Code Chapter 408. Mayor C. Zehr requested an amendment to the motion to reaffirm Council's previous decision on this matter as well as to refuse the current application and Councillor T. Galloway accepted this as a friendly amendment along with Councillor J. Ziegler's request that the pigeon coop be removed by the City should Mr. Cupic not do so. Following further discussion it was agreed that, if the pigeons and pigeon coop are not removed from the property by October 9, that the City would remove them. On motion by Councillor T. Galloway - it was resolved: "That Council reaffirm its June 5, 2000 decision refusing the application of Mr. Sava Cupic, 939 Strasburg Road, Kitchener, for an exemption from Municipal Code Chapter 408 (Animals - Regulation); and, That Council refuse the application, dated July 17, 2000, of Mr. Sava Cupic, 939 Strasburg Road, Kitchener, for an exemption from Municipal Code Chapter 408 (Animals - Regulation); and, That the applicant shall remove the pigeons and the existing pigeon coop structure at 939 Strasburg Road not later than October 9, 2000; and further, That Council pass a by-law at its October 2, 2000 meeting authorizing the removal of the pigeons and existing pigeon coop structure from 939 Strasburg Road, at the property owner's expense, if Mr. Sava Cupic and/or the property owner have not done so by October 9, 2000." In Favour: Mayor C. Zehr, Councillor T. Galloway, Councillor J. Haalboom, Councillor G. Lorenta, Councillor Jake Smola, Councillor John Smola, Councillor K. Taylor-Harrison, Councillor B. Vrbanovic, Councillor C. Weylie, Councillor M. Yantzi and Councillor J. Ziegler. Carried unanimously 6. CRPS-00-054 - HEALTH AND SAFETY MANAGEMENT SYSTEM FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 25, 2000 -81- CITY OF KITCHENER The Committee was in receipt of staff report CRPS-00-054, dated 2000-09-19, recommending Health and Safety objectives, the revision of Human Resources Policy 11-140 "Safety" and the hiring of an additional Health and Safety Specialist. Mr. D. Paterson briefly reviewed the report noting the necessity of adopting a different approach to Health and Safety. He reviewed the three recommendations contained in the staff report. Councillor Jake Smola questioned what, if any, staff input there was to this report and Mr. Paterson responded that because this is a Corporate responsibility it should be decided by Council. Councillor J. Ziegler questioned whether an effort would be made to have individual workers take responsibility and make Health and Safety a priority. Mr. Paterson responded that the degree of cooperation from the departments is excellent; however there is a lack of expertise and staff need resources. Mayor C. Zehr stated that this has to become ingrained in everything everyone does and it is necessary for workers to accept responsibility for themselves. On motion by Mayor C. Zehr- it was resolved: "That Council approve the Health and Safety Objectives contained in staff report CRPS-00-054; and, That Council Policy 11-140- "Safety" be re-titled "Health and Safety" and be revised as contained in staff report CRPS-00-054; and further, That the staff complement of the Human Resources Division be increased by hiring an additional Health and Safety Specialist." CAO-00-005 - OPPORTUNITIES 2000 REQUEST FOR EXTENSION The Committee was in receipt of staff report CAO-00-005, dated 2000-09-20, recommending that an extension be given for a final and comprehensive report regarding Opportunities 2000, until December 18, 2000. Councillor G. Lorentz put forward the recommendation contained in the staff report. Discussion briefly took place with respect to input from the Social Planning Council in this regard and it was noted that the Social Planning Council is a member of the Opportunities 2000 Roundtable and has been involved in the whole process. On motion by Councillor G. Lorentz - it was resolved: "That Council approve an extension to December 18, 2000 for submission of a final comprehensive report regarding 'Opportunities 2000'." REQUEST FROM BETHANY EVANGELICAL MISSIONARY CHURCH FOR EXEMPTION TO MUNICIPAL CODE CHAPTER 450 (NOISE) The Committee was in receipt of correspondence from Bethany Evangelical Missionary Church, dated 2000-09-14, requesting an exemption under the City's Noise By-law to allow them to have a public address speaker outside the church for the narration of their Christmas Pageant to take place on December 6-9, 2000. On motion by Councillor K. Taylor-Harrison - it was resolved: "That Council approve the request of Bethany Evangelical Missionary Church, 160 Lancaster Street East, for an exemption to Municipal Code Chapter 450 (Noise) to allow FINANCE & ADMINISTRATION COMMITTEE MINUTES SEPTEMBER 25, 2000 - 82- CITY OF KITCHENER REQUEST FROM BETHANY EVANGELICAL MISSIONARY CHURCH FOR EXEMPTION TO MUNICIPAL CODE CHAPTER 450 (NOISE) (CONT'D) them to operate a public address system for their 5th Annual Christmas Pageant to take place in their parking lot on December 6, 7, 8 and 9, 2000." 9 PW-00-050 MOUNT HOPE STREET - TRAFFIC CONTROL The Committee was in receipt of staff report PW-00-050, dated 2000-09-15 with respect to traffic controls on Mount Hope Street. On motion by Councillor John Smola - it was resolved: "That left turns be prohibited for northbound Mount Hope Street at King Street West from October 15 to November 30, 2000; and further, That parking be prohibited on the west side of Mount Hope Street from a point 23 meters south of King Street to a point 87 meters south of King Street, from 8:00 a.m to 6:00 p.m., Monday to Friday, from October 15 to November 30, 2000." 10. ADJOURNMENT On motion, the meeting adjourned at 11:25 a.m. Dianne H. Gilchrist Committee Administrator