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HomeMy WebLinkAboutCouncil - 2008-01-28 SSPECIAL COUNCIL MINUTES JANUARY 2$, 200$ CITY OF KITCHENER A special meeting of City Council was held at 12:08 p.m. this date, chaired by Mayor C. Zehr with all members present. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That an in-camera meeting of City Council be held this date to consider a labour relations matter." Carried. The meeting then recessed at 12:09 p.m. and re-convened at 4:47 p.m., chaired by Mayor C. Zehr with all members present. Council considered a matter arising from the Finance and Corporate Services Committee meeting held this date regarding amendments to Municipal Code Chapter 530 (Dogs) outlined in Corporate Services Department report CRPS-08-018 (J. Sheryer / C. Goodeve), dated January 10, 2008. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That staff be directed to prepare an amendment to Chapter 530 (Dogs) of the City of Kitchener Municipal Code to define a `Restricted Dog' to mean a dog that is a Pit Bull dog for which the owner can establish to the satisfaction of the Poundkeeper that the dog existed within the province of Ontario on or before August 29, 2005, or was born in Ontario within 90 days of that date; and, That the Dog Designation Appeal Committee be directed to defer consideration of any prohibited dog designation appeals respecting pit bull dogs who could potentially fall within the amended definition of a `Restricted Dog' until such time as the by-law amendment is considered by Council; and further, That the animal services contract provider be directed to suspend prohibited dog designation proceedings based on breed, against owners whose dogs could potentially fall within the amended definition of a `Restricted Dog' until such time as the by-law amendment is considered by Council." Carried. Mayor C. Zehr advised of two additional items arising from the Finance and Corporate Services Committee meeting held this date regarding licensing conditions with respect to the Cafe Bar Azzuro and, Family Day as a public holiday. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the following matters be added to the agenda of the special meeting of Council this date: • consideration of the recommendation from the Finance and Corporate Services Committee regarding licensing conditions for the Cafe Bar Azzuro; and, • consideration of the recommendation from the Finance and Corporate Services Committee regarding the public holiday -Family Day." Carried Unanimously. Council considered the recommendation arising from the Finance and Corporate Services Committee meeting this date regarding licensing conditions for the Cafe Bar Azzuro, 347 Lancaster Street West, as outlined in report CRPS-08-010 (P. Harris), dated January 15, 2008. SPECIAL COUNCIL MINUTES JANUARY 2$, 200$ - 1$ - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That a temporary Place of Refreshment Licence - Class A be issued for the period January 1 to April 30, 2008 to Cafe Bar Azzuro, 347 Lancaster Street West, with the following conditions: • all patios must be closed and vacated no later than 11 p.m.; • a heavy curtain or other treatment be installed as a sound barrier in the front window to reduce the sound being emitted outside, of the live bands that set up directly in front of the window; • the front door to the establishment be used as the main entrance; • security personnel be employed by the business owner during all operating hours to patrol outside areas of the establishment, including the parking lots (front /rear); • the Alcohol and Gaming Commission of Ontario be advised of the conditions to the temporary licence; • City By-law Enforcement Officers be pro-active in enforcing the conditions to the temporary licence until such time as a licensing hearing is commenced; and further, That a hearing be held under the authority of the Municipal Act, 2001, as amended, to determine whether or not to revoke, suspend or impose conditions as a requirement of continuing to hold a Place of Refreshment Licence - Class A for the business known as Cafe Bar Azzuro, 347 Lancaster Street West, Kitchener; and said hearing be held at Kitchener City Hall on a date to be determined." Carried. Council considered the recommendation arising from the Finance and Corporate Services Committee meeting this date regarding the public holiday, Family Day, as outlined in report CAO-08-002 (D. Paterson), dated January 3, 2008. Councillor C. Weylie advised that although in favour of the Family Day holiday she would not be supporting the recommendation suggesting the holiday be granted for 2008 and that further discussion as a permanent holiday take place. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Human Resources Policy 11-25, Specified Holidays, be amended by the addition of Family Day, the third Monday in February." Carried. Council considered a recommendation arising from the Community Services Committee meeting this date regarding the Kitchener Memorial Auditorium Public Art Project as outlined in report CSD-08-008 (C. York), dated January 14, 2008. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the Kitchener Memorial Auditorium (The Aud) Public Art Project commission of Ron Baird's artwork titled `Gathering Tree', be approved; and further, That the Mayor and Clerk be authorized to execute a Commission Agreement, satisfactory to the City Solicitor, with Ron Baird regarding the obligations related to the commissioning of his artwork titled `Gathering Tree'." Carried. SPECIAL COUNCIL MINUTES JANUARY 2$, 200$ - 19 - CITY OF KITCHENER Council considered Development and Technical Services Department report DTS-08-027 (A. Pinard), dated January 23, 2008, regarding an extension to Heritage Permit Application HPA 2007-IV-009 - 307 Queen Street South. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That pursuant to Section 33(5) of the Ontario Heritage Act, the timeframe for formal consideration of Heritage Permit Application HPA 2007-IV-009 (307 Queen Street South) be extended to April 30, 2008 to provide additional time for the applicant to examine and find the most economically feasible option for replacing all of the building's window systems." Carried. Mayor C. Zehr advised that notice from the City Clerk was given on Friday, January 25, 2008, regarding an additional item for the agenda this date regarding the Kumasi, Ghana / Kitchener Partnership. Council considered Chief Administrator's Office report CAO-08-005 (C. Ladd), dated January 25, 2008, regarding the Kumasi, Ghana / Kitchener Partnership. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That further to report CAO 07-060, Council approve staff participation in a three year technical exchange program with Kumasi, Ghana, to assist with capacity building through strategic planning and community engagement for the Bantama Submetro area of the Kumasi Metropolitan Assembly." Carried. Council considered Development and Technical Services Department report DTS-08-024 (J. Willmer), dated January 21, 2008, regarding Drive-through Facilities -Pedestrian Safety. Mayor C. Zehr advised that the matter before Council deals with drive-through facilities and pedestrian safety in the design and development of such facilities. Mayor Zehr added that although some latitude will be given to the registered delegations on this matter, discussion should not be in regard to air quality as it relates to drive-throughs as that matter will be dealt with by Council at a later date. Mr. Victor Labreche, Labreche Patterson & Associates, attended on behalf of the TDL Group (Tim Hortons Restaurants) and the Ontario Restaurant, Hotel & Motel Association. Mr. Labreche advised that his clients are concerned with pedestrian safety when it comes to drive-through facilities and that he agrees with the staff report. He further advised that it was his understanding that there is a delegation registered to speak on drive-throughs who may raise the issue of air quality and in that regard he informed Council that once the RWDI report has been reviewed by an independent reviewer from the University of Ottawa, the report will be provided to the City. Councillor J. Gazzola asked if Mr. Labreche was satisfied with the recommendation in the report before Council this date. Mr. Labreche stated that he was satisfied and agreed with the recommendation. Mr. Nick Javor, Senior Vice President, Tim Hortons Inc., attended advising that his company has worked with City staff for many years and will continue to do so. He further advised that drive-through facilities are part of his company's business and service being provided to its customers therefore ensuring pedestrian safety is of utmost importance. He added that the research in regard to air quality and the drive-through facilities will be made available to the community once he receives confirmation to do so. In answer to questions raised by Council, Mr. Labreche advised that drive- throughs provide a service for all customers but in particular to those that have access issues, parents with babies and children, when weather poses a problem and for those customers that feel safer remaining in the vehicle in the evening when it is dark. Mr. Labreche further advised that on average 1/3 of the staff employed at a Tim Hortons restaurants are dedicated to the drive-through and that 30-40% of Tim Hortons' restaurants have drive-through facilities. Mr. Labreche advised that his office has not received any complaints with respect to pedestrian safety at adrive-through facility. Ms. Angela Manojlovich, local franchisee -Tim Hortons Restaurants, attended advising that she owns two Tim Hortons franchises in the city, employs over 100 people and has been in business for SPECIAL COUNCIL MINUTES JANUARY 2$, 200$ - 20 - CITY OF KITCHENER 17 years. Ms. Manojlovich added that Tim Hortons is community oriented and is involved in many endeavours to support the community and children. She added that drive-throughs are necessary for many customers and new initiatives are being introduced in order to serve drive-through customers faster. Ms. Daphne Nicholls attended advising that she had sent a letter to members of Council which she understood has been circulated. Ms. Nicholls explained that in regard to the report before Council this date she had concerns with the recommendation applying to new drive-through facilities only and that consideration of any changes should be applied to existing drive-throughs as well. Ms. Nicholls advised that at a recent Regional meeting it was made clear that there were many factors that have an impact on the health of citizens including air quality and that before Council makes any decision in this regard further investigation should take place. Mayor C. Zehr asked if Ms. Nicholls had an issue with the recommendation in the report before Council this date. Ms. Nicholls suggested that the word `new' should be removed from the recommendation as pedestrian safety and air quality should apply to all drive-throughs. Mr. J. Willmer, Director of Planning, advised that any changes to the Zoning By- law with respect to drive-through facilities cannot be put into effect on existing facilities as they would be legal non-conforming use. Mayor Zehr asked if changes with drive-through facilities would have an effect on site plans for new and existing facilities. Mr. Willmer explained that reconstruction of an existing drive-through could possibly require a change to a site plan for a property but reconstruction of the property that does not impact on the actual drive-through would not as it would be unreasonable to impose such changes. In answer to a question from Councillor J. Gazzola, Mr. Willmer advised that the recommendation before Council this date deals with pedestrian safety and not air quality or associated health concerns. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the City of Kitchener require new drive-through facilities to be designed so as to allow pedestrian movement from the street to the building and from the parking lot to the building without crossing the drive-through aisle; alternative designs to be subject to the approval of the Director of Planning." Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway Carried Unanimously on a recorded vote. "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. (a) Being a by-law to provide fora 2008 Interim Tax Levy and for the payment of 2008 Interim Taxes. (b) To confirm all actions and proceedings of the Council. On motion, the meeting adjourned at 5:22 p.m. tBy-law No. 2008-13) tBy-law No. 2008-14)." Carried. MAYOR CLERK