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HomeMy WebLinkAboutFinance & Admin - 2001-04-09FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 9, 2001CITY OF KITCHENER The Finance and Administration Committee met this date, commencing at 10:56 a.m., and Chaired by Councillor J. Ziegler, with the following members present: Mayor C. Zehr and Councillors M. Galloway, G. Lorentz, J. Smola, B. Vrbanovic and C. Weylie. Others Present:Mrs. J. Koppeser, Ms. L. MacDonald and Messrs. R. Pritchard, G. Sosnoski, G. Melanson, B. Stanley, J. Shivas, D. Paterson and L. Ayers. 1. CRPS-01-049 – APPEAL TO LOCATE HOT DOG CART AT 945 VICTORIA STREET NORTH The Committee was in receipt of Corporate Services Department report CRPS-01-049 (J. Koppeser), dated April 3, 2001, in response to an appeal by Ron Power of the decision of the Manager of Licensing to not issue a licence to locate a hot dog cart at the Sunoco Car Shine, 945 Victoria Street North. Mr. R. Power was in attendance in support of his request but did not address the Committee. Mr. Barry Weppler, Arby’s Restaurant, was present to voice his opposition to the location of the proposed hot dog cart within the 200 metre distance separation required under Chapter 586 (Refreshment Vehicles) of the Municipal Code. Mr. Weppler indicated that in his opinion the hot dog cart would infringe on his business. On motion by Councillor J. Smola – : it was resolved “That the appeal of Ron Power to locate a hot dog cart at the Sunoco Car Shine, 945 Victoria Street North, be denied.” 2. ENCROACHMENT AGREEMENT – SIDEWALK PATIO – DANDY’S RESTAURANT – 85 KING STREET WEST The Committee was in receipt of Corporate Services Department report CRPS-01-052 (J. Koppeser), dated April 6, 2001, with respect to a sidewalk patio adjacent to Dandy’s Restaurant, 85 King Street West. The report indicates concerns raised by the Kitchener Downtown Business Association (KDBA) and outlines a series of suggested conditions to address these. Mr. Peter Bardounoitis, Dandy’s Restaurant, was present and indicated that he had met with staff and Mr. Marty Schreiter of the KDBA, to discuss the various concerns received from neighbouring businesses in the Downtown and to indicate his support for the operating conditions listed in the staff report. Mr. Marty Schreiter of the KDBA was present to indicate their support of the sidewalk patio, subject to the operating conditions detailed in the staff report. On motion by Councillor C. Weylie – it was resolved: “That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor with the owner(s) of Dandy’s Restaurant located at 85 King Street West for the operation of a sidewalk patio for the period commencing the date the agreement is signed by all parties to October 31, 2001, subject to the conditions outlined in Corporate Services Department report CRPS-01- 052 (J. Koppeser), dated April 6, 2001.” 3. ENCROACHMENT AGREEMENT – HOT DOG CART – REGGIE’S – 1 KING STREET WEST The Committee was in receipt of a letter from Robert Deutschmann, Deutschmann and Kelly, solicitors for Reggie’s, dated April 5, 2001, agreeing to certain conditions for operating the hot dog cart as detailed in the said letter. FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 9, 2001- 53-CITY OF KITCHENER 3. ENCROACHMENT AGREEMENT – HOT DOG CART – REGGIE’S – 1 KING STREET WEST (CONT’D) On motion by Councillor C. Weylie – : it was resolved “That subject to obtaining all necessary approvals and the payment of all required license fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor with the owner(s) of Reggies’s located at 1 King Street West for the operation of a hot dog cart for the period commencing the date the agreement is signed by all parties to November 30, 2001, subject to the conditions outlined in the letter of Robert Deutschmann, Solicitor, dated April 5, 2001.” Ms. Lesley MacDonald, in addressing the Committee, recommended that the conditions in the staff report relating to the serving of beer in bottles as well as the posting of a Code of Conduct, should be included in the City’s standard Encroachment Agreements. On motion by Mayor C. Zehr – : it was resolved “That the conditions outlined in Corporate Services Department report CRPS-01-052 (J. Koppeser), dated April 6, 2001, be incorporated into the City’s standard Encroachment Agreement for sidewalk patios.” 4. CRPS-01-053 – REQUEST TO SELL FOOD DURING KITCHENER EARTH WEEK 2001 The Committee was in receipt of Corporate Services Department report CRPS-01-053 (J. Koppeser), dated April 9, 2001, relating to a request of the Earth Week 2001 Committee for permission to hold a barbecue at the Breithaupt Centre and Forest Heights Community Centre during Earth Week . On motion by Mayor C. Zehr – it was resolved: “That the request of the Earth Week 2001 Committee to sell food at the Community Environmental Fair on April 21 and 22, 2001 at the Breithaupt Centre and Forest Heights Community Centre be approved, provided the necessary licence, including Health and Fire approvals, is obtained; and further, That the Southwest Optimist Club be granted permission to sell food as part of the Earth Week 2001 celebrations subject to the necessary licence, including Health and Fire approvals, being obtained.” 5. HOT DOG CART REQUEST – 520 KING STREET WEST (RON POWER) Mr. Ron Power was present to advise the Committee with respect to his concerns in applying for a licence for his two hot dog carts. Mr. Power indicated that he now proposed to locate a hot dog cart in front of the beer store at 520 King Street West. Councillor J. Smola requested staff to circulate this application for consideration by Council on April 30, 2001, as well as to prepare a fact sheet to enable applicants to have a better understanding of the licence requirements in this regard. Mr. G. Sosnoski, City Clerk, indicated that this matter could be considered by Council on April 23, 2001. On motion by Councillor J. Smola – it was resolved: “That the appeal of Ron Power to operate a hot dog cart at 520 King Street West be circulated to the neighbouring property owners for comment and be considered by Council on April 23, 2001.” FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 9, 2001- 54-CITY OF KITCHENER 6. CRPS-01-048 – CHIP WAGON AT 1615 STRASBURG ROAD The Committee was in receipt of Corporate Services Department report CRPS-01-048 (J. Koppeser), dated April 3, 2001, relating to a request by Ms. Cindy Ertel for permission to locate a chip wagon at 1615 Strasburg Road. The Committee was reminded that the applicant has received approval since 1998 to locate a chip wagon at this location subject to the property owner subsequently obtaining the required planning approvals. In addition, it was noted that an Official Plan Amendment and Zone Change Application are being processed in regard to this matter, which should be completed by the end of this year. On motion by Councillor G. Lorentz – : it was resolved “That Council reaffirm its November 2, 1998 resolution and conditions as they relate to acquisition of the Jungle Fries business by Ms. Cindy Ertel; and further, That her request for extension of permission to operate a chip wagon at 1615 Strasburg Road in 2001 be granted and be reviewed on a year to year basis; however, should the applications for an Official Plan Amendment and Zone Change be unsuccessful, the applicant shall be permitted to operate the subject business until the end of the current year.” 7. CRPS-01-047 – REQUEST TO SELL FOOD AT PETER HALLMAN BALL YARD The Committee was in receipt of Corporate Services Department report CRPS-01-047 (J. Koppeser), dated April 3, 2001, relating to a request from John Forte, Angels Softball Club, for permission to sell food and souvenirs during a tournament at the Peter Hallman Ball Yard on June 22, 23 and 24, 2001. On motion by Councillor G. Lorentz – : it was resolved “That the request of the Angels Softball Club to sell food and souvenirs at the Peter Hallman Ball Yard on June 22, 23 and 24, 2001, be granted, provided the necessary licence, including Health and Fire approvals, is obtained; and further, That the Special Event licence fee of $25.00 be applicable.” 8. CRPS-01-046 – REQUEST TO SELL FOOD AT BRIDGEPORT PARK FOOTBALL FIELD The Committee was in receipt of Corporate Services Department report CRPS-01-046 (J. Koppeser), dated April 3, 2001 relating to a request from the Twin Cities Tackle Football League for permission to sell food during their games. On motion by Councillor G. Lorentz – it was resolved: “That the request of the Twin Cities Tackle Football League to sell food and beverages at the Bridgeport Park Football Field during league games from September to November 2001, be granted provided the necessary licence, including Health and Fire approvals, is obtained; and That this approval be subject to the conditions outlined in a letter dated March 21, 2001 from J. Cooper, Supervisor of Athletics - Community Services Department, being met; and further, That the Special Event licence fee of $25.00 be applicable.” 9. CRPS-01-045 – POLISH DAY CELEBRATION AT CITY HALL The Committee was in receipt of Corporate Services Department report CRPS-01-045 (J. Koppeser), dated April 3, 2001, relating to a request by the Canadian Polish Congress for FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 9, 2001- 55-CITY OF KITCHENER 9. CRPS-01-045 – POLISH DAY CELEBRATION AT CITY HALL (CONT’D) th permission to hold a 50 Anniversary event at Kitchener City Hall. On motion by Councillor G. Lorentz – it was resolved: “That the Canadian Polish Congress of Kitchener-Waterloo, Cambridge and Guelph be granted permission to sell crafts and food at City Hall and Civic Square on May 27, 2001, provided the necessary licence, including Health and Fire approvals, is obtained.” 10. CRPS-01-050 – REQUEST TO SELL FOOD AT COUNTRY HILLS COMMUNITY CENTRE The Committee was in receipt of Corporate Services Department report CRPS-01-050 (J. th Koppeser), dated April 4, 2001, in response to a request from the 45 Kitchener Scouts to operate a barbecue during a Spring event on April 22, 2001. On motion by Councillor G. Lorentz – it was resolved: th “That the 45 Kitchener Scouts be granted approval to sell food at Country Hills Community Centre, 100 Rittenhouse Road, on April 22, 2001, provided the necessary licence, including Health and Fire approvals, is obtained.” 11. LEG-01-03 – DECLARATION OF SURPLUS LAND BETWEEN 98 AND 106 STRANGE STREET The Committee was in receipt of Legal Department report LEG-01-03 (G. Andersen), dated March 22, 2001, relating to surplus lands initially purchased for Cherry Park. It was noted that the subject lands are zoned R-5 and require a zone change to bring them into conformity with abutting properties prior to the lands being sold. Councillor C. Weylie requested that the staff report be amended to limit the proposed infill lot to one residential unit. On motion by Councillor C. Weylie – it was resolved: “That vacant land measuring approximately 58 feet x 150 feet described as Part of Lot 484, Plan 378 situated between 98 and 106 Strange Street, be declared surplus to the City’s needs.” At the request of Mayor C. Zehr, P. Houston was asked to advise the Committee on how the funds from the proposed sale would be allocated. 12. LEG-01-025 – DECLARATION OF SURPLUS LAND – SOUTHEAST CORNER OF SYDNEY STREET SOUTH AND MILL STREET The Committee was in receipt of Legal Department report LEG-01-025 (G. Andersen), dated March 20, 2001, relating to City lands at the south-east corner of Sydney Street South and Mill Street. It was noted that the subject lands have been vacant for a number of years and that the abutting property owners would undertake a land assembly to include the City owned parcel. The abutting property owners would also submit a severance application to the Committee of Adjustment to allow a garage and parking for 526 Mill Street. A 13 foot road widening would also be provided along Mill street. On motion by Councillor C. Weylie – it was resolved: “That part of the property located at the southeast corner of Sydney Street South and Mill Street described as Lot 348, Registered Plan 262, measuring about 27 feet x 117 feet be declared surplus to the City’s needs; and further, FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 9, 2001- 56-CITY OF KITCHENER 12. LEG-01-025 – DECLARATION OF SURPLUS LAND – SOUTHEAST CORNER OF SYDNEY STREET SOUTH AND MILL STREET (CONT’D) That the balance of Lot 348, Plan 262, being about 13 feet x 117 feet be retained by the City for the widening of Mill Street.” 13. BPS-01-039 – BY-LAW FOR REMOVAL OF WASTE MATERIAL – 191 BENTON STREET The Committee was in receipt of Business and Planning Services Department report BPS-01- 039 (K. Bimm), dated March 9, 2001, relating to the clean-up of the property located at 191 Benton Street. On motion by Mayor C. Zehr – it was resolved: “That City Council consider a by-law at its meeting of April 23, 2001 authorizing the removal of waste material from 191 Benton Street, at the property owner’s expense, if this has not been done by the owner on or before April 22, 2001.” 14. REQUEST TO SELL OKTOBERFEST COINS AS TRADE DOLLARS – JUNE 1 TO OCTOBER 31, 2001 The Committee was in receipt of a letter from S. Close, K-W Oktoberfest Inc., dated March 28, 2001, requesting permission to circulate Oktoberfest coins as trade dollars. On motion by Councillor B. Vrbanovic – it was resolved: “That K-W Oktoberfest Inc. be granted permission to circulate Oktoberfest coins as trade dollars from June 1 to October 31, 2001.” 15. CRPS-01-051 – HUMAN RESOURCES COUNCIL POLICY RESOLUTIONS The Committee was in receipt of Corporate Services Department report CRPS-01-051 (D. Paterson), recommending revision of the policies relating to electronic mail and acceptable internet use. Mayor Zehr questioned the term “appropriate City authority” and was advised that this term would be interpreted to mean the Chief Administrative Officer. On motion by Mayor C. Zehr – it was resolved: “That the revised Human Resources Policy II-46 (Electronic Mail) and II-95 (Internet- Acceptable Use), be approved as outlined in Corporate Services Department report CRPS-01-051 (D. Paterson), dated April 5, 2001, subject to revision reflecting that employees designated by the Chief Administrative Officer are authorized users of the electronic mail systems and resources.” 16. ADJOURNMENT On motion, the meeting adjourned at 11:30 a. m. Lew Ayers Committee Administrator - Acting FINANCE & ADMINISTRATION COMMITTEE MINUTES APRIL 9, 2001- 57-CITY OF KITCHENER