HomeMy WebLinkAboutFinance & Admin - 1995-05-01FAC\1995 -05 -01
MAY 1, 1995
FINANCE & ADMINISTRATION COMMITTEE MINUTES
CITY OF KITCHENER
The Finance and Administration Committee met this date, commencing at 10:05 a.m., under the
Chairmanship of Councillor J. Ziegler with the following Members present: Councillors T. Galloway, G.
Lorentz, K. Redman, Jake Smola, B. Vrbanovic, M. Wagner, C. Weylie and M. Yantzi. Mayor Richard D.
Christy and Councillor John Smola were in attendance for part of the meeting.
Others present: Messrs. T. McKay, J. Gazzola, T. McCabe, T.B. Stanley, T. Clancy, L. Parkhouse, R.W.
Pritchard, J. Panunto, J. McBride, R. Parent, J. Witmer, J. Shivas, P. Summers, G. Anderson, G.
Sosnoski, Mrs. J. Koppeser and Ms. L. MacDonald
SALE OF FIREWORKS - K-W KINSMEN CLUB
The Committee was in receipt of a report from Mrs. J. Koppeser dated April 24, 1995 concerning a
request from the Kinsmen Club to allow the sale of fireworks in 1995 and to waive the related
licensing fees.
Mr. J. McVicar and Mr. L. D'Alessandro appeared on behalf of the K-W Kinsmen Club. Mr.
McVicar referred to the City's by-law which licences and regulates the sale of fireworks and
requires that a licensing fee be paid by both the vendor and the property owner. He indicated that
had he been aware that such a by-law was being considered he would have appeared to seek a
fee exemption at that time. Mr. McVicar offered the opinion that the $1,000.00 fee for each of the
vendor and property owner is onerous.
Mr. McVicar referred to the work of the Kinsmen Club and the projects supported by them in the
community. He also referred to the proposed locations for the fireworks sale and indicated that he
is prepared to comply with all requirements in this regard. Mr. McVicar asked that the Kinsmen
Club be exempt from all fees relative to the sale of fireworks on the basis of its fifty year history as
a service club in Kitchener, and not on the basis of financial need.
Councillor Lorentz questioned whether two of the proposed locations have the proper zoning and
Mr. T. McCabe advised that sales of this type must be in a Commercial zone allowing retail sales
and that neither of the two sites referred to by Councillor Lorentz are properly zoned. Mr. McVicar
pointed out that the Club is investigating other sites and that they are hoping for a maximum of
three approved sites. Councillor Wagner expressed concern that by waiving fees in this instance
the City would be discriminating against other licensed sale locations.
Councillor John Smola entered the meeting at this time and Mayor Richard D. Christy entered
shortly thereafter.
Councillor Yantzi questioned why the Kinsmen Club would ask for an exemption based on the
anticipated profits from the fireworks sale and Mr. McVicar replied that paying the fee would mean
less money which could be made available for community projects.
Mr. D'Alessandro pointed out that the Kinsmen Club has a history of returning money to the City
through its projects and expressed concern over a shortfall in the event profits from the sale of
fireworks do not offset the licence fees involved. He also noted that the reason for three locations
relates to discount levels and sales traffic. Councillor Redman asked for clarification as to who
would pay the vendor and the property owner fees and Mr. D'Alessandro replied that the Kinsmen
Club would be responsible for all fees at each of the three locations.
Councillor Lorentz put forward a motion that all licence fees be waived relative to the sale of
fireworks by the Kinsmen Club in 1995 for up to a maximum of three sales locations provided each
complies with the City's Zoning By-law.
Councillor Lorentz suggested that one of the ways of saving on grant expenditures is to encourage
organizations to undertake fundraising activities and the request of the Kinsmen Club is a case in
point. He also suggested that the request before the Committee is not an attempt to circumvent
the rationale for the By-law which was intended to prevent the sale of fireworks by transient groups
or businesses. Councillor Weylie advised that she agrees with an exemption
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 1~ 1995 - 68 -
CITY OF KITCHENER
1. SALE OF FIREWORKS - K-W KINSMEN CLUB - cont'd
relative to the vendor licence only and not the location licence. Councillor Lorentz asked that the
vendor and property owner licences embodied in his motion be voted on separately. He also
accepted, as a friendly amendment, a suggestion from Councillor Jake Smola that a nominal fee of
$1.00 be charged for the licences at each of the three locations.
Councillor Galloway asked whether the City could amend the present By-law to include a special
fee for charitable organizations or alternately to exempt these organizations on a case by case
basis. Ms. MacDonald replied that she would have to investigate the request, particularly in light
of any restrictions that may have been imposed by the Province at the time the legislation was
enacted. She offered the opinion that what is being proposed today by Councillor Lorentz would
not likely contravene the existing By-law. Mr. Gazzola suggested that the fee structure remain as
written and that any exceptions be dealt with in the form of a grant.
Councillor Yantzi suggested amending the main motion to add a requirement that any organization
asking for a waiving of fees be required to fully disclose its finances in order to insure that there is
a need for the exemption. Councillor Lorentz responded that in his opinion this implies a lack of
trust and indicated that he would not accept the suggestion of Councillor Yantzi as a friendly
amendment. Councillor Vrbanovic questioned whether the City would be able to legally
distinguish between an owner and a vendor licensing fee. Ms. MacDonald replied that it should be
made clear to the property owner that they are acting as an agent for a charitable organization. In
response to a further question from Councillor Redman, Mr. Parkhouse advised that strictly
speaking, how the licence fees are paid is up to the sponsoring organization; however, he
suspects that in most cases fees are paid by the vendor. Mayor Christy suggested waiting to
determine what the market will bear in the way of licence fees. He suggested that in this case
special consideration could be given to the Kinsmen's vendor fee; however, they should be
required to make arrangements for the payment of the property owner fee. Councillor Jake Smola
pointed out that property owners and businesses involved in allowing the use of their properties for
fireworks sales are already paying significant business and realty taxes.
The motion by Councillor G. Lorentz, as amended, was then voted on in two parts.
On a motion by Councillor G. Lorentz,
It was resolved:
"That the request of the K-W Kinsmen Club for permission to sell fireworks in
the City from May 17 to May 22, 1995 be granted and a nominal licence fee
of $1.00 be imposed on the vendor of fireworks, and further,
That the above approval be conditional upon the use of a maximum of three
locations, all in compliance with the City's Zoning By-law, and obtaining all
necessary licences and signatures of approval."
On a motion by Councillor G. Lorentz,
It was resolved:
"That with regard to the request of the K-W Kinsmen Club for permission to
sell fireworks in the City from May 17 to May 22, 1995, a nominal licence fee
of $1.00 be imposed upon the owner of the premises from which fireworks
will be sold (acting as an agent of a charitable organization), and further,
That the above be conditional upon compliance of the site with the City's
Zoning By-law and obtaining all necessary licences and signatures of
approval."
1. SALE OF FIREWORKS - K-W KINSMEN CLUB - cont'd
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 1 ~ 1995
On a motion by Councillor G. Lorentz,
It was resolved:
- 69 -
CITY OF KITCHENER
"That subject to obtaining all other necessary licences and signatures of
approval, a charitable Hawkers and Peddlers Licence be issued to the K-W
Kinsmen Club for a nominal fee of $1.00 in conjunction with the planned sale
of fireworks in the City from May 17 to May 22, 1995."
2. BILLBOARD SIGNS
The Committee was in receipt of Planning and Development report PD 95/44 relative to the
installation of a billboard sign at 5 Manitou Drive and the overall issue of billboard signage.
Mr. McCabe referred to the report and pointed out that the statistics in Appendix A should reflect
that the City has received 68 sign applications but only 37 billboards and sign locations have been
approved. He also referred to a map showing sign locations before and after 1991, and clarified
that at present there is no circulation notice unless a particular sign requires a minor variance. He
also referred to confusion over the notice requirements relative to installations at 5 Manitou Drive
and the CP Rail lands adjacent to 17 Manitou Drive, noting that the former was the subject of a
Committee of Adjustment application and hence required notification, and the latter was not.
Mr. Paul J. Filiatrault appeared on behalf of Tri-County Welding Supplies Ltd. with an objection to
a proposed billboard sign installation on the property adjoining his premises at 17 Manitou Drive.
He acknowledged that he had received notification regarding the sign at 5 Manitou Drive but had
received no notice concerning the proposed installation on the CP Rail lands adjacent to his
property.
Mr. Filiatrault indicated that his lawyer had reviewed the provisions of the City by-law governing
billboard signs and pointed out that there is no notice required relative to adjoining property
owners. He suggested that this should be considered in future, noting that the proposed billboard
is a huge piece of advertising which has a negative impact on his business premises. He
questioned the amount of staff time spent reviewing billboard locations relative to the $110.00 fee
which he characterized as a "miserable sum". Mr. Filiatrault also questioned why the City had not
taken action on the billboard issue before now, especially in light of a sales campaign undertaken
by Mediacom in September of last year. He also referred to recent information indicating that no
further billboard signs are being allowed in the City of Toronto.
Mr. Filiatrault referred to Gould Advertising and Mediacom which he characterized as highly
profitable out of province operations engaged in spoiling the appearance of Canadian cities. He
also referred to the proliferation of billboard signs throughout Kitchener and their negative impact.
Mr. Filiatrault showed photographs of his property with scaled overlays of the proposed billboard
sign. He expressed the opinion that the location of one of the billboards conflicts with identification
of his company, Tri-County Welding Supplies Ltd. He also referred to an unspecified engineering
report on the sign installation which he said suggested possible damage to the foundation of the
Tri-County building. Mr. Filiatrault also referred to his future expansion plans and the likelihood
that the existing billboard would directly face windows and extend nine feet above the height of the
proposed addition. He asked that the City deny the right to install the proposed billboard sign.
Councillor Redman characterized Mr. Filiatrault's objections as relating to his inherent dislike of
billboards and concerns over the City's approval process. Mr. Filiatrault replied that he has no
objection to billboards per se provided they are in the right location, but noted that in this particular
case his property value will likely be affected and the billboard will conflict with his expansion
plans. He also suggested that the owners of adjacent properties should be circulated in this and
similar cases. In response to a question from Councillor Yantzi as to how the City
2. BILLBOARD SIGNS - cont'd
would determine what constitutes an appropriate location, Mr. Filiatrault offered the opinion that
billboards are a form of visual pollution, especially when they infringe on other properties. Mr.
Witmer clarified that if the planned expansion referred to by Mr. Filiatrault is located on the
property line, windows would not be allowed on the building facade facing the billboard.
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 1
~ 1995 - 70 - CITY OF KITCHENER
Councillor Galloway questioned whether other municipalities have circulation standards for signs
which are not directly involved in the minor variance process. Mr. McCabe indicated that there first
must be a reason for the notice, and that he is not aware of the existence of notices other than
those relating to by-law compliance. He also pointed out that in Kitchener billboard signs and
locations are strictly controlled and limited to areas of the City which are appropriately zoned. He
commented that he is unaware of the prohibition on billboard signs in Toronto referred to by Mr.
Filiatrault, but was aware that London had capped the number of signs allowed in that City. Mr.
McCabe added that the most preferred sign locations have already been taken and his
Department has received a few new applications at this time. Councillor Galloway agreed with the
comments of Mr. Filiatrault with respect to billboard signs being a form of visual pollution and
suggested that the City has already allowed too many of these signs. He suggested that
circulation requirements should be investigated and the fee for billboard signs increased.
Mr. Darcy Clark and Mr. George Balango appeared on behalf of Mediacom Inc., 75 Unsworth
Drive, Hamilton. Mr. Clark indicated that Mediacom is a new company working in communities
throughout southwestern Ontario and is pleased with the demand for billboard signs. He
suggested that Mediacom has followed all processes required by the City, and in good faith has
involved all parties to the installation. Mr. Clark referred to a map showing Mediacom sign
locations in Kitchener and noted that to date there are only eleven, with an additional five in
process. He also suggested that the City's by-law in this regard is sound and suitably restrictive.
Mr. Clark characterized his company as offering variety and choice to consumers at an affordable
price and referred to the extensive landscaping required around all of his company's billboard sites
which translates into approximately $50,000.00 in contract work for local companies.
Mr. Clark indicated that with regard to the signs on Manitou Drive, Mediacom has acted in good
faith in delaying installation even though the appropriate approvals have already been obtained.
He referred to the installation at 5 Manitou Drive which was the subject of a minor variance, noting
that the City has approved the landscape design and the customer is anxious to proceed. He
asked for the Committee's clarification as to when this project can go forward. In referring to the
installation on the CP Rail site adjacent to Tri-County Welding Supplies Ltd., Mr. Clark suggested
that the photograph shown by Mr. Filiatrault this date does not accurately reflect the proposed
location as the sign would be visible from only one direction. He also noted the area between the
Tri-County building and the billboard sign would be screened by columnar maple trees. He
offered the opinion that the visual appearance of the building will be improved by the landscaping,
as at present only a concrete block wall is visible.
In response to a question from Councillor Wagner as to his reaction to the moratorium on billboard
installations, Mr. Clark replied that he is not pleased, pointing out that the majority of issues have
already been dealt with and little future activity is anticipated. Mr. Clark added that to date he has
followed all City procedures and by-laws. Councillor Ziegler indicated his concern over the notice
requirements for billboard signs and the availability of locations under consideration to other sign
company competitors. Mr. Clark pointed out that Mediacom's plan is to give customers an
opportunity to choose between products and that the reaction to date has been favourable. He
noted that he had approached Tri-County Welding Supplies Ltd. to ask for access approval
relative to the sign installation, and though denied, his company is always willing to work openly
with neighbouring property owners. Councillor Redman advised that the notification process is an
issue as well as the visual impact of billboard signs, which extends beyond neighbouring
properties. Councillor Wagner indicated that he would like to see a moratorium on further
billboard signs in areas of the City zoned Agricultural, and pointed out that billboard signs are
visually imposing and there is no opportunity to ignore there presence as may be the case in other
advertising media. He also suggested that the City should re-examine the
2. BILLBOARD SIGNS - cont'd
fee that is presently charged for billboard signs. Councillor Ziegler asked that future consideration
be given to the incidence of single and double pylon signs and the related fee structure as well as
circulation of notice to adjoining properties.
Councillor Wagner put forward a motion that until the issue is discussed further, a moratorium be
placed on billboard signs in areas of the City zoned Agricultural.
Mr. McCabe suggested that Council should first be satisfied with the size and separation issues
relating to billboards, and then only minor variances would be referred to Committee of Adjustment
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 1
~ 1995 - 71 - CITY OF KITCHENER
and then to Council. Councillor Galloway asked whether the City is in a position to deny any
further applications and permits pending the outcome of any moratorium. Mr. McCabe suggested
that the By-law must be amended in this regard and Councillor Galloway indicated he intended to
support an amendment to include Industrial zones and also supports a moratorium. He also asked
that staff investigate the notification procedures in other municipalities over and above any
requirements of the Committee of Adjustment. Councillor Ziegler asked for a legal opinion as to
the City's position where a moratorium is in place and a sign permit has not been issued. Mr,
Shivas suggested that Council can continue with the moratorium in place now.
Councillor Wagner withdrew his previous motion concerning a moratorium on billboard signs in
areas of the City zoned Agricultural.
Councillor Jake Smola noted that at present the City advertises on the sides of its Transit buses,
which in effect amount to moving billboards, and questioned the appropriateness of this practice
given the present discussion.
On a motion by Councillor M. Wagner,
It was resolved:
"That Council extend the moratorium on billboard signs as outlined in the
Council resolution of April 10, 1995 pending a further report by staff to
include, but not be limited to: current fees; the number of single and double
pylon billboard signs and related fee structure; notification of property owners
affected by a sign installation; and, installation of billboard signs in areas
zoned Agricultural."
3. REDUCED CHIP WAGON LICENCE FEE (WAGONWHEEL FLEA MARKET)
The Committee was in receipt of reports from Mrs. J. Koppeser dated April 6 and 21, 1995. The
previous request of Mr. Willard Sallans for a reduced fee was deferred at the April 20, 1995
Council meeting and referred to the meeting this date pending further information on the practices
of other municipalities in this regard.
Councillor Galloway questioned whether given the location at issue and the fact that it is not
appropriate for operation throughout the week, the licence fee could be pro rated on a daily basis
while maintaining the integrity of the existing by-law. Councillor Jake Smola advised that he does
not favour giving preferential treatment to operators. In response to a question from Councillor
Redman, Mr. Willard Sallans, who was in attendance but did not make a presentation to the
Committee, responded that the chip wagon operator is from Cambridge and to the best of his
knowledge does not have a local vendors licences which could be transferred to the Flea Market.
On a motion by Councillor T. Galloway,
It was resolved:
"That no action be taken on the request of Mr. Willard Sallans, Wagonwheel
Flea Market, for a reduction in licensing fees relative to the operation of a
chip wagon."
4. BUILDING CODE REPAIR CLAIM - 155 YELLOW BIRCH DRIVE
The Committee was in receipt of Planning and Development Department report PD 95/33
recommending payment for repair costs relative to a sump pump installation.
Moved by Councillor G. Lorentz,
"That without prejudice or precedent, Mr. Larry Boehm be paid the sum of
$774.98 for the cost of repairs to a sump pump and sump pit installation at
155 Yellow Birch Drive."
Councillor Ziegler questioned the $600.00 cost of labour and Mr. Witmer replied that to the best of
his knowledge this was labour undertaken by the company doing the work and not by other
individuals. Councillor Ziegler pointed out that there was no company invoice in this regard and
Mr. Witmer responded that the owner had indicated the amount of time necessary to complete the
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 17 1995 - 72 - CITY OF KITCHENER
project and that in his estimation the amount attributed to labour is appropriate.
The previous motion by Councillor Lorentz to grant the request for payment of repair costs was
voted on and Carried.
5. WAIVING OF FEES - FIRE FIGHTERS' MUSTER
The Committee was in receipt of a report from Mrs. J. Koppeser dated April 24, 1995.
On a motion by Councillor C. Weylie,
It was resolved:
"That all licence fees be waived in 1995 relative to the Fire Fighters' Muster
to be held at Doon Heritage Crossroads on May 27, 1995, and that
notwithstanding the waiving of fees the organization be required to obtain a
licence and the necessary health and fire approvals."
6. FLOWER VENDOR - STREET HEART ROSES
The Committee was in receipt of a report from Mr. T.B. Stanley dated April 20, 1995 outlining a
recommendation from the Downtown Action Committee concerning a previous request from Mr.
William Sovari (Street Heart Roses) for permission to sell flowers in the downtown using roving
vendors. They were also in receipt of reports from Mrs. J. Koppeser dated March 27 and April 21,
1995.
Mr. William Sovari was in attendance in support of his request and was asked by Councillor
Ziegler whether he was satisfied with the Downtown Action Committee recommendation. Mr.
Sovari replied that if limited to sales from a flower cart he would have a concern if he were limited
to a single location. Mrs. Koppeser clarified that sales from a cart would be limited to a single,
fixed location; however, if licenced under the Hawkers and Peddlers By-law vendors can move
around but cannot have access to a stand at a single location.
Councillor Redman put forward the recommendation of the Downtown Action Committee to allow
flower sales on a temporary basis from both a stationary cart during normal business hours, and in
the evening by wandering vendors.
Councillor Lorentz inquired as to the proposed location of the cart and Councillor Ziegler replied
that this was yet to be determined.
Councillor Redman accepted, as a friendly amendment, a suggestion by Councillor Lorentz that
the motion be amended to indicate that the exact location would be considered for approval by
Council at a future date.
6. FLOWER VENDOR - STREET HEART ROSES - cont'd
Ms. MacDonald pointed out that allowing the flower vendors to wander in the downtown is contrary
to the current Street Vendors By-law, and by allowing these sales Council would be changing the
terms of the By-law.
Councillor Redman amended her motion to indicate that up to three wandering vendors would be
permitted.
Councillor Jake Smola suggested that a street vendors licence should be issued for a specific
location, and noted that a fee must also be determined. He further suggested that separate
Hawkers and Peddlers licences should be required for each wandering vendor. Mrs. Koppeser
pointed out that to date there is no approval for hawkers and peddlers selling directly on the street
and Councillor Jake Smola indicated his preference for a fixed location. Councillor Yantzi voiced
concern over the over abundance of regulations governing sales. Councillor Vrbanovic indicated
his support for the concept of a flower cart, but expressed concern over wandering vendors,
indicating that he could not support this part of the motion.
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 1~ 1995 - 73 -
CITY OF KITCHENER
Councillor Redman asked that her previous motion be dealt with in two parts, the first relating to a
flower cart and the second to wandering flower vendors. Councillor Ziegler summarized the
motion indicating that the hours of operation for the street cart would be limited under the Street
Vendors By-law to from 9:00 a.m. to 1:00 a.m. and noted that wandering flower vendors would be
permitted between 9:00 p.m. and 1:00 a.m.. Councillor Ziegler also noted that a future decision of
Council would also be required concerning a street vendor fee relative to the flower cart. Ms.
MacDonald reminded the Committee that there is presently no authority under the Hawkers and
Peddlers By-law to impose a limitation on the hours of sale.
Councillor Lorentz suggested that a special roving vendor category could be created for the one
year trial and also voiced concerns over the aesthetics of the proposed flower cart. Councillor
Jake Smola suggested that staff provide minimum standards in this regard and Councillor Redman
suggested that staff speak with Mr. Sovari and develop criteria for consideration by Council.
On a motion by Councillor K. Redman,
It was resolved:
"That for a trial period of one year, Street Heart Roses (Mr. William Sovari)
be given permission to sell flowers in the downtown from a stationary cart in
accordance with the hours of operation in the Street Vendors By-law, and
that staff submit a recommendation as to the exact location and appropriate
licence fee for further consideration by Council, and further,
That in consultation with Mr. Sovari, staff agree to appropriate criteria for the
type of cart and its appearance."
On a motion by Councillor K. Redman,
It was resolved:
"That for a trial period of one year, Street Heart Roses (Mr. William Sovari)
be permitted to sell flowers in the downtown using up to three roving vendors
between the hours of 9:00 p.m. and 1:00 a.m., subject to the licensing
requirements for Hawkers and Peddlers."
STANDARDS FOR SIDEWALK PATIOS
The Committee was in receipt of a report from Mr. T.B. Stanley dated April 20, 1995 outlining a
recommendation from the Downtown Action Committee relative to additional criteria for outdoor
patios. The were also in receipt of a March 28, 1995 report from Ms. L. MacDonald outlining the
criteria presently used by staff.
STANDARDS FOR SIDEWALK PATIOS - cont'd
Councillor Yantzi referred to concerns voiced by Mayor Christy over the appearance of patio
barriers and the need for some sort of standardization. Councillor Yantzi indicated that he would
speak to the owners of Dandys Restaurant as regards their current patio application and asked
that consideration of the entire issue be deferred to the May 8, 1995 Council meeting.
On a motion by Councillor M. Yantzi,
It was resolved:
"That the issue of standards for sidewalk patios in the downtown be deferred
and referred to the May 8, 1995 Council meeting, along with the suggestions
of the Downtown Action Committee that the aesthetic appearance of patios
be addressed through voluntary compliance, that the maximum barrier height
be 48 inches and that the dress code in effect inside establishments be
extended to include patio areas."
REQUEST FOR OVER-EXPENDITURE - TRANSIT CENTRE
The Committee was in receipt of a report from Mr. P. Summers dated April 12, 1995
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 1
~ 1995 - 74 - CITY OF KITCHENER
recommending an additional expenditure relative to the replacement of a rooftop heating and air
conditioning unit.
Councillor John Smola inquired whether the $25,000.00 general provision for maintenance had
been spent, and Mr. Summers replied that to date only $9,000.00 has been spent but additional
contingency funds are committed for other work. Councillor John Smola asked whether other
projects, such as painting, could be deferred to 1996 and Mr. Summers replied that if general
repairs are not done each year the building will gradually deteriorate.
On a motion by Councillor C. Weylie,
It was resolved:
"That permission be granted for an over-expenditure in the amount of
$14,766.00 to cover the cost of replacing a rooftop heating and air
conditioning unit at the Transit Centre on Strasburg Road."
SALE OF VACANT CITY PROPERTY - PINNACLE DRIVE
The Committee was in receipt of a report and recommendation from Mr. G. Anderson dated April
26, 1995 concerning the sale of a former railway right-of-way.
Moved by Councillor G. Lorentz,
"That part of the former Railway right-of-way fronting onto the north side of
Pinnacle Drive, described as Part of Biehn's Unnumbered Tract designated
as Part of Part 2 and all of Part 3, Plan 58R-6355 be declared surplus to the
City's needs, and that staff be directed to negotiate the sale by land
exchange for part of Part 2, Plan 58R-6355 with Hurox Holdings, the owner of
abutting landlocked rear land and negotiate the sale of Part 3, Plan 58R-
6355 to the abutting owner of Lot 1, Registered Plan 579."
Councillor Galloway asked for clarification of whether the sale was subject to obtaining the
necessary zone change and Mr. Anderson advised that the owner will apply for a zone change if
the offer is accepted, but the zone change is a separate issue. Mr. McKay added that at present
the City has no objection to the zone change. Mr. Shivas pointed out that this report is the first
under the new Real Property Procedural By-law, and the purpose of the recommendation is to
obtain direction on how to negotiate the sale. He noted that the actual transaction will come back
to Council for consideration at a later date and will form step two of the process.
10.
SALE OF VACANT CITY PROPERTY - PINNACLE DRIVE - cont'd
The previous motion by Councillor Lorentz to declare the lands surplus and direct staff to negotiate
sale by land exchange was voted on and Carried.
ENFORCEMENT OF DOWNTOWN FREE PARKING
The Committee was in receipt of a report from the Traffic and Parking Division dated April 20,
1995 recommending a strategy for enforcing two hour free parking in the downtown.
Moved by Councillor C. Weylie,
"That effective May 8, 1995, existing By-law Enforcement staff be directed to
enforce the two hour time limit at all free, on-street parking spaces, and that
staff communicate with the Kitchener Downtown Business Association
concerning areas where abuses occur so that they may approach businesses
to request compliance, and further,
That $2,000.00 be allocated for the employment of students for part of the
Summer and the Fall of 1995 to conduct occupancy, turnover and duration
studies."
Councillor Galloway inquired as to the procedures for monitoring and acting upon abuses of free
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 1
,1995 - 75 - CITY OF KITCHENER
parking by downtown employees and Mr. McBride advised that he is presently working with the
Kitchener Downtown Business Association in this regard. Councillor Lorentz asked how the staff
time would be used which is freed up by the removal of downtown parking meters. Mr. McBride
replied that the City still has approximately 1,000 meters on off-street lots and staff will use the
time to provide a higher level of maintenance. He also pointed out that enforcement relative to
downtown free parking will also be more problematic. Councillor Vrbanovic noted that there will
undoubtedly be time created due to the realignment and questioned whether some of the
proposed student projects could be performed by existing staff. Mr. McBride replied that the time
required to complete the studies is approximately one week in each of the summer and fall
seasons and that staff were hoping to hire between 20-25 students to undertake the studies since
this is the only method of gathering data which can no longer be obtained through revenue
collection. Councillor Vrbanovic asked whether staff had re-examined the net loss figures for
downtown parking which were presented at the last meeting. Mr. McBride advised that he has not
had an opportunity to meet with Finance staff but has reviewed the figures within his own Division
and still expects a net cost of $500,000.00 annually. Councillor Vrbanovic asked that these figures
be discussed further and that staff report back.
The previous motion by Councillor Weylie concerning enforcement procedures for downtown free
parking was voted on and Carried.
11. EMPLOYEE PARKING - CITY HALL
The Committee was in receipt of a report from the Traffic and Parking Division dated April 24,
1995 in response to an earlier request.
Councillor Jake Smola asked, and it was generally agreed, to defer consideration of this item to
the May 15, 1995 Finance and Administration Committee meeting.
Councillor Lorentz asked that staff report on the rationale for paid parking for the Administrative
Assistant in the Housing Division. Councillor Weylie also asked for the total number of employees
at all locations in the City who presently receive free parking. Councillor Jake Smola asked for
information on the number of employees who have full time use of a City vehicle and who in
addition receive free parking.
12. RESOLUTION - WATERLOO-WELLINGTON WEATHER OFFICE
The Committee was in receipt of a letter from Mr. T. Smith, Vice-Chair, Waterloo-Guelph Regional
Airport Commission concerning the planned closing of the weather office in 1996. The Committee
was asked to consider a sample motion put forward by the Commission protesting the closure.
Councillor Lorentz put forward the motion as submitted.
Councillor Ziegler indicated that he is opposed to the motion before the Committee and Councillor
Galloway also advised that he would be voting against the motion on the basis that he feels a
replacement value recommendation should be included. Councillor Redman asked that the
motion be amended to include an indication that Kitchener supports looking into an alternate way
of delivering this service in conjunction with other community agencies. Councillor Lorentz agreed
to accept the suggestion of Councillor Redman as a friendly amendment.
On a motion by Councillor G. Lorentz,
It was resolved:
"That Kitchener City Council endorse the resolution approved by the
Regional Municipality of Waterloo on April 27, 1995 asking that the Federal
Government not close the Waterloo-Wellington Weather Office and continue
to provide the same level of service to the residents of the Region of
Waterloo and Wellington County, and,
That in addition, Kitchener act pro-actively to encourage alternate ways of
delivering this service in conjunction with other community agencies, and
FINANCE & ADMINISTRATION COMMITTEE MINUTES
MAY 1 ~ 1995
further,
- 76 -
CITY OF KITCHENER
That this resolution be forwarded to the Prime Minister of Canada, the Right
Honourable Jean Chretian, the Minister of Environment, and to all Members
of Parliament representing Waterloo Region and Wellington County."
13. OTHER BUSINESS
Ms. MacDonald asked for clarification that the 1995 patio encroachment agreements would be
subject to any changes decided on relative to patio standards and criteria.
On a motion by Councillor M. Yantzi,
It was resolved:
"That all 1995 sidewalk patio encroachment agreements in the downtown be
subject to any subsequent changes to patio standards and criteria approved
by Council."
14. NEXT MEETING
The next regularly scheduled meeting of the Finance and Administration Committee will be held on
Monday, May 15, 1995.
15. ADJOURNMENT
On motion, the meeting adjourned at 12:50 p.m.
........... G. Sosnoski
........... Manager of Corporate
........... Records/Assistant City Clerk