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HomeMy WebLinkAboutCouncil Minutes - 2003-05-05COUNCIL MINUTES MAY 5, 2003 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor J. Gazzola. The meeting began with the singing of "O Canada" by Yvonne Jarsch, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held April 14, 2003, and special meetings held April 14 & 28, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated April 4, 2003, from T. Arnott, MPP, Waterloo-Wellington, enclosing a copy of a letter sent to the Minister of Public Safety & Security regarding Bill 30 - The Volunteer Fire Fighters Employment Protection Act. (b) Letter dated April 8, 2003, from L. Lavell, Executive Correspondence Officer, Office of the Prime Minister, acknowledging Council's resolution regarding Canada's stance on the war in Iraq. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T03-016, Six-Wheel Street Sweeper, be awarded to Joe Johnson Equipment Inc., Battle, Ontario, at their tendered price of $206,700., plus P.S.T. & G.S.T." - and - "That Council waive the requirement for tendering and approve the purchase of one (1) International 2002 Model 7400 6X4 Cab and Chassis complete with dump box, snow plow, wing, Epoke spreader and dump body to Viking Cives Ltd, Mt. Forest, Ontario at their quoted price of $240,063., plus G.S.T. & P.S.T." Carried. Councillor B. Vrbanovic, Co-Chair, Safe & Healthy Community Advisory Committee, and representatives from the Kitchener Fire Department and Regional Emergency Medical Services (Ambulance), attended to present the 2003 Youth Issues Grants and Awards in recognition of contributions made to youth programming in the community. Councillor Vrbanovic advised that proceeds raised from the Annual 911 Golf Tournament provide grant funding in support of youth programming and this year sixteen programs will benefit. Representatives of this year's recipients were present to receive awards on behalf of the following programs: · Kitchener Youth Action Council (KYAC) - Unity Jam - Special Events Group · Victoria Hills Neighbourhood Association - Youth Drop-in · Stanley Park Community Association - Boys Basketball / Floor Hockey · MilI-Courtland Neighbourhood Association - Summer Camp · Kingsdale Neighbourhood Association - Kingsdale Youth Council · World Wide Opportunities for Women - Personal Safety Workshops · Independent Living Centre - The Kids on the Block · MilI-Courtland Neighbourhood Association - After School Program · Kitchener Youth Action Council (KYAC) - Culture Fusion - Youth Inclusion Action Group · Warehouse Productions Drama Troupe - The 40 Asset Difference · Chandler-Mowat Community Centre - After School Program · Every Kid Counts- Summer Playgrounds · K-W Sexual Assault Support Centre - Youth Information Sharing Session · Highland-Stirling Community Group - You Go Girl Program Councillor B. Vrbanovic acknowledged two programs whose representatives were not present this date: Centreville-Chicopee Community Association - Youth Council and the Kitchener Public Library (in partnership with other agencies serving youth) - Kitchener Teen Reads. He also acknowledged COUNCIL MINUTES MAY 5, 2003 - 143 - CITY OF KITCHENER the contributions of all emergency service personnel (police, fire, ambulance) who support youth initiatives by sponsoring the annual golf tournament, scheduled to be held at Rockway Golf Course on June 19, 2003. Mr. R. Charie, President and C.E.©., Kitchener-Wilmot Hydro Inc. (KVVHI) / Kitchener Power Corporation, attended to present an overview of the 2002 Annual Report. A summary document highlighting aspects of the Annual Report was circulated this date. Mr. Charie commented on the financial statements noting an increase in net income from $2.8M to $4.7M. He stressed that the increase is not attributable to deregulation but rather results from Provincial direction under Bill 210 to include regulatory assets in accounting practices. He stated that the Province has not committed to allowing full recovery of regulatory assets and accordingly, 61% of the reported net income is being held in reserve pending a decision by the Ontario Energy Board. He reviewed rate increases impacted by market pricing and increased consumption as a result of an unusually hot summer in 2002. He advised that customer growth continues to increase at a healthy, sustainable rate and over the past 10 years, approximately $1.40 per month has been added to a typical residential billing based on use of 1,000 KW per hour. Mr. Charie stated that KWHI remains in good financial position and acknowledged the efforts of Hydro staff in meeting the challenges presented by deregulation of the industry. Councillor C. Weylie referred to the Provincial initiative to place portable diesel generators in various locations across the Province to deal with potential brown-outs during peak demand and advised that she has received calls from concerned residents, particularly in the area of Glasgow Street and Highland Road, respecting noise and pollution created by such units. Mr. Charie commented that the Province's approach to resolving potential power shortages is not environmentally acceptable and advised that KWHI has declined an invitation to offer its sites for diesel generator placement. He pointed out that KWHI is not opposed to suggesting a more environmentally sensitive alternative to use natural gas generators as an acceptable solution. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the Minister of the Environment be advised that Kitchener City Council supports the Ontario Government's initiative to take action to deal with potential power shortages and strongly requests the Minister to ensure that the portable generators needed for alternative supply of electricity meet Ministry of Environment standards with respect to noise and air emissions; and further, That a copy of this resolution be sent to G. Martiniuk, MPP; W. Wettlaufer, MPP; E. Witmer, MPP; and T. Arnott, MPP." Carried. Mr. R. Charie also attended to present the 2003 Reforestation Grant, representing KWHI's commitment to replenish trees removed as a result of maintenance of its hydro lines. Ms. P. Houston, General Manager of Financial Services & City Treasurer, accepted a cheque on behalf of the City in the amount of $30,000. Messrs. Glen Richardson and Ted Potwarka, Operations Division, attended to provide an update on actions the City is taking to address the West Nile Virus in response to a request made by Councillor B. Vrbanovic at the April 28, 2003 Community Services Committee meeting. Mr. Richardson advised that the Region is taking the lead role in co-ordinating efforts respecting the West Nile Virus, as it has responsibility for health related issues. He pointed out that City staff are participating in the Regional West Nile Virus Co-ordinating Committee and are providing assistance to the Region's contractor retained to complete surveillance and monitoring of potential mosquito breeding sites. He advised that the Region is continuing revisions to its contingency plans and development of an educational campaign; however, has not yet reached the point of imminent need to implement chemical spraying as a control measure. He commented on other steps being taken by staff to address this issue including distribution of a Regional public information pamphlet, development of an educational awareness campaign geared towards City staff and posting of an FAQ (Frequently Asked Questions) to the City's website. Councillor B. Vrbanovic advised that he had received calls from residents living in areas surrounded by wetlands / forested lands who are concerned that the Region is not proceeding with spraying. He COUNCIL MINUTES MAY 5, 2003 - 144 - CITY OF KITCHENER referred to a large number of municipalities that are considering spraying and suggested that the City should take a more aggressive approach in assessing its own lands and undertake spraying if the Region does not do so. In response to Councillor Vrbanovic, Mr. T. Potwarka advised that Regional staff have been invited to make a presentation on this issue at the May 12, 2003 Community Services Committee meeting. Mayor C. Zehr noted that a property owner was in attendance to support Clause 3 of the Development and Technical Services Committee report dealing with a sidewalk exemption on the south side of Bingeman Street from Lydia Street to East Avenue and requested the matter be dealt with at this time. Ms. Marianne Wasilka attended in opposition to Clause 3 of the report, commenting on issues pertaining to accommodation of pedestrian and transit user amenities in development of new subdivisions. She asked that the motion not be supported until such time as an appropriate pedestrian survey is completed to determine the need for a sidewalk. Mayor C. Zehr pointed out to Ms. Wasilka that this matter concerns installation of a new sidewalk and explained that staff appropriately brought this matter forward for consideration to address Council policy. He commented that mitigating factors support the motion not to install a sidewalk in this location. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Clause 3 of the Development and Technical Services Committee report be adopted." Carried. Messrs. Martin Buhr, President, MennoHomes Inc. and Chris Pidgeon, Green Scheels Pidgeon, attended in support of Clause 5 of the Development and Technical Services Committee report concerning Zone Change Application ZC 02/38/V/BS and vacant land Condominium Application 30CDM-03201 (220 Village Road - MennoHomes Inc.). Mr. Buhr commented on the concessions made by all parties involved in negotiations respecting these applications and thanked City staff, area residents and Ms. Wendy Shaw, who acted on behalf of the neighbourhood, for their participation in the negotiation process. He further confirmed that with respect to an appeal to the Ontario Municipal Board regarding the land severance, Ms. Shaw has been successful in obtaining signatures from all 60 appellants agreeing to withdraw their objection. Mr. Marty Wasilka attended in support of Clause 5 of the report, and stated that he was encouraged by the efforts of City staff to negotiate a win-win situation on a project of this size. He commented that he looked forward to such efforts repeated in future for Downtown ventures such as the Arrow Loft project in the former Arrow Shirt factory. Councillors C. Weylie and G. Lorentz commended the efforts of all involved in the negotiation process in reaching a viable compromise on the Village Road application. Councillor Lorentz stated that opportunity has been provided to use this process as a model for future affordable housing projects. He also commented that church officials had not responded to safety concerns he expressed at the April 30, 2003 Development and Technical Services Committee meeting. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 5 of the Development and Technical Services Committee report be adopted." Carried. Mr. Bryan Isaac, Chair, Kitchener Public Library Board, and Ms. M. Walshe, C.E.©., Kitchener Public Library, attended with respect to Item B.3 of the Committee of the Whole agenda of this date, dealing with proposed Terms of Reference for the Kitchener Public Library and Waterloo Public Library Joint Task Force on Library Services. Mr. Isaac circulated this date a revision of the proposed Terms of Reference, dated April 2003, in place of the document attached to the Committee of the Whole agenda. He pointed out that at its meeting of March 31, 2003, Council had requested the Kitchener Public Library Board to report back in one month with Terms of Reference and projected timelines, COUNCIL MINUTES MAY 5, 2003 - 145 - CITY OF KITCHENER and advised that a similar presentation was being given to Waterloo Council by the Waterloo Public Library Board this date. Mr. Isaac provided an overview of the Terms of Reference, in which it was noted that an interim report will be presented to respective Councils in September 2003 and a final report in February 2004. Mayor C. Zehr expressed appreciation for the work undertaken by the Joint Task Force. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the revised Terms of Reference of the Kitchener Public Library and Waterloo Public Library Joint Task Force on Library Services, dated April 2003, as circulated to Council on May 5, 2003, be endorsed." Carried. Mr. Steve Vogel attended to request compensatory costs regarding an error made by the City in giving incorrect notification of the appeal deadline for minor variance and consent applications applied for by Sarah Corfield for the property at 1680 Fischer-Hallman Road. Mr. Vogel circulated this date a summary of carrying charges for the property, associated with a 14-month delay in having the applications heard by the Ontario Municipal Board (OMB). He provided a chronology of events wherein a neighbouring property owner, Mr. Bell, had been denied his right to appeal the minor variance application because of the City's error; Mr. Bell's right to appeal had been restored by Divisional Court; and an OMB hearing had been held. He commented that had the error not taken place, the OMB hearing would have been held late in 2001 rather than in early 2003. He reviewed the summary of carrying charges representing an 8% return on investment based on 2001 rates and asked that action be taken on his request. Mayor C. Zehr advised that Mr. Vogel's claim would be referred to staff for review and response. In response to a question from Mr. Vogel, Ms. L. MacDonald, City Solicitor, advised that staff would bring a report forward for consideration at the May 20, 2003 Council meeting. Mr. Chris McNab, Walnut Apartments Inc., attended to request a three-month deferral of development charges for a 66-unit affordable housing project at 44 Walnut Street. He stated that in order to move the project forward financial assistance is required and asked that consideration be given to allowing deferral of the City's portion of development charges. Mr. Jeff Willmer, Director of Planning, advised that staff prefer not to allow deferral or waiving of development charges for any project and in particular, for affordable housing projects given that they are in the process of developing a policy to be applied City-wide. He pointed out that Mr. McNab was previously granted deferral of development charges on a similar project on Spadina Road and at that time, staff had raised concerns that once the building permit is issued the City would have no legal basis from which to subsequently collect the development charges. He advised that Mr. McNab did honour his obligation to pay the fees at the end of the deferral period. Mr. Willmer suggested that in the event this request is granted, a condition of approval be added to require any outstanding development charges be added to the tax roll to protect the City's interest. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the request of Chris McNab, Walnut Apartments Inc., for deferral of the City's portion of development charges relative to an affordable housing project at 44 Walnut Street be approved, subject to the following: a) deferral of development charges shall be for a maximum of three months; b) any outstanding development charges shall be added to the property tax roll at conclusion of the three month timeframe; and, c) appropriate security shall be provided to the satisfaction of the City Solicitor." Carried. COUNCIL MINUTES MAY 5, 2003 - 146 - CITY OF KITCHENER Council was in receipt this date of correspondence dated May 5, 2003 from Mr. Chris Hadiyianni, Secretary, Cypriot Homes of K-W Area Inc., requesting development charges be waived for an affordable housing project at 695 Strasburg Road. Mr. Hadiyianni attended in support of Cypriot Homes' request to waive development charges and commented that previous projects at 50 Holborn Drive and 25 Country Hills Drive demonstrates the non-profit organization's commitment to building affordable housing. He advised that this development will consist of a total of 81 units. He noted that a previous agreement with the City requires payment of $40,500. in development charges based on $500. per unit and the organization is requesting that this fee be waived. He stated that the project is being developed in partnership with Participation House, with the total project cost estimated at $8.4M. He further advised that the Region of Waterloo has agreed to waive its portion of development charges in the amount of $262,000. through grant approval. In response to questions, Mr. Hadiyianni stated that while waiving of the fee is preferred, a deferral of the charges would be acceptable; however, he advised that the organization would require a longer period than three months and suggested a deferral of up to one year or more. In response to questions, Mr. J. Willmer, Director of Planning, advised that the Region is able to provide grants in lieu of development charges from pre-budgeted funds. Mayor C. Zehr advised that he has requested, without success, that the Region include the municipal portion of development charges in its grant program as the Region has responsibility for affordable housing. In response to further questions, Mr. Willmer advised that the report respecting review of development charges is a complex process and will not come forward until the Spring of 2004. He stressed that there should be no expectation that the outcome of the review will result in provisions to waive fees and Mr. Hadiyianni should be aware that regardless of any deferral, applicable development charges will have to be paid. He also pointed out that while it may be appropriate to include municipal development charges in the Region's grant program, the City may wish to retain some control as 80% of current projects are within its boundaries. Councillor C. Weylie advised that she could not support a one-year deferral but would support a maximum of six months. Councillor B. Vrbanovic stated that the difference in lost interest charges between six months and one year was minimal, and given the substantive commitment from the organization toward affordable housing, he suggested a one-year deferral would be a reasonable level of support to provide. Mayor C. Zehr pointed out that any outstanding development charges added to the tax roll would be subject to normal interest charges if not paid in full at the end of the twelve month period and advised Mr. Hadiyianni that it is in the organization's best interest to complete payment at the end of the deferral period to avoid assessment of interest penalties. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the request of Cypriot Homes of K-W Area Inc. for deferral of the City's portion of development charges relative to an affordable housing project at 695 Strasburg Road be approved subject to the following: a) deferral of development charges shall be for a maximum of twelve months; b) any outstanding development charges shall be added to the property tax roll at conclusion of the twelve month timeframe; and, c) appropriate security shall be provided to the satisfaction of the City Solicitor." Carried. Council was in receipt of Community Services Department report CSD-03-069 (F. Pizzuto), dated May 2, 2003, recommending that the Centre Block Steering Committee be directed to examine opportunities for a catalyst development in the Centre Block with educational, health, public and private sectors. Mr. Hans Pottkamper, Centre Block Steering Committee, attended in support of the recommendation contained in report CSD-03-069 and to outline development options respecting the Centre Block. He provided an overview of the process to date, noting that as a result of the City's Request for Proposals a clear message was received from the private sector of their unwillingness to take sole risk, without public funding, for development of the site. Mr. Pottkamper advised that the focus is now on pursuing a catalyst project for the Downtown to generate 'people activity' to spur private sector COUNCIL MINUTES MAY 5, 2003 - 147 - CITY OF KITCHENER interest and will require additional public funding to ensure a viable development. Mr. Pottkamper pointed out that successful downtown revitalization projects in North American cities have been examined and of the catalyst projects used in these instances, the Committee has narrowed its focus to three main options including educational, health and library components. He commented that significant opportunity exists to relocate an educational campus to the Downtown and pointed out that relocation of the main library branch would be a complimentary catalyst project to an educational institution. Councillor C. Weylie commented that she found it remarkable Kitchener does not have an historical museum and Mr. Pottkamper advised that he would pass this information along to the Centre Block Steering Committee for consideration. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the Centre Block Steering Committee be directed to further examine opportunities for development with the educational, health, public and private sectors for a catalyst development for the Centre Block and report back in June 2003." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause Clause 3 - Dealt with under Delegations and Carried. Clause 5 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. Mayor C. Zehr advised that Regional Council adopted tax ratios for 2003, as requested by Kitchener, at its meeting held on April 23, 2003. Councillor G. Lorentz inquired if a response had been received from the Region regarding a request to consider a funding formula for affordable housing based on an amount per bedroom rather than per unit. Mayor Zehr advised that Regional staff are in the process of reviewing this request and have not yet responded. Councillor C. Weylie raised concerns with respect to numerous incidents of individuals engaging in unsafe practices while riding bicycles in the Civic Square and on Downtown sidewalks / planters. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, advised that By-law Enforcement staff would be directed to investigate and report back regarding this matter. Council agreed to a request from Mr. G. Sosnoski to add four by-laws to the agenda for three readings this date consisting of three Zoning By-laws relating to Clauses 1, 4 and 5 of the COUNCIL MINUTES MAY 5, 2003 - 148 - CITY OF KITCHENER Development and Technical Services Committee report and a by-law to adopt Municipal Plan Amendment No. 48 relating to Clause 4 of the same report. 4. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) Being a by-law to exempt certain lots from Part Lot Control - Lot 7, Registered Plan 58M- 265 - Windflower Drive. (c) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (e) Being a by-law to authorize borrowing for current expenditures in the year 2003. (f) Being a by-law to set and levy the rates of taxation for City purposes for the year 2003 and to provide for the payment of taxes after interim taxes. (g) To authorize the construction of certain works on Victoria Street North as shown on Schedule 'A' hereto as local improvements. (h) To authorize the construction of certain works on Victoria Street North as shown on Schedule 'A' hereto as local improvements. (i) To authorize the construction of certain works on Victoria Street North as shown on Schedule 'A' hereto as local improvements. (j) To further amend By-law No. 88-169 being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (k) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereof. (I) To further amend By-law No. 2000-159 being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (m) To confirm all actions and proceedings of the Council. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Andrew and Maxine Burry - Pandora Avenue North. (o) Being a by-law to adopt Amendment No. 48 to the Municipal Plan - City of Kitchener - 1077 Queen's Boulevard - St. Mary's Hospital. (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - St. Joseph's Health System (St. Mary's Hospital) - Queen's Boulevard. (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - MennoHomes Inc. - Village Road. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES MAY 5, 2003 - 149 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. 7ehr appointed Councillor M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. 7ehr occupied the Chair. 5. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2003-71) (b) Being a by-law to exempt certain lots from Part Lot Control - Lot 7, Registered Plan 55M- 265 - Windflower Drive. (By-law No. 2003-72) (c) To further amend By-law No. $$-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2003-73) (d) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2003-74) (e) Being a by-law to authorize borrowing for current expenditures in the year 2003. (By-law No. 2003-75) (f) Being a by-law to set and levy the rates of taxation for City purposes for the year 2003 and to provide for the payment of taxes after interim taxes. (By-law No. 2003-76) (g) To authorize the construction of certain works on Victoria Street North as shown on Schedule 'A' hereto as local improvements. (By-law No. 2003-77) (h) To authorize the construction of certain works on Victoria Street North as shown on Schedule 'A' hereto as local improvements. (By-law No. 2003-78) (i) To authorize the construction of certain works on Victoria Street North as shown on Schedule 'A' hereto as local improvements. (By-law No. 2003-79) MAY 5, 2003 d) (k) COUNCIL MINUTES - 150 - CITY OF KITCHENER To further amend By-law No. 88-189 being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2003-80) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereof. (By-law No. 2003-81) To further amend By-law No. 2000-159 being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2003-82) (m) To confirm all actions and proceedings of the Council. (By-law No. 2003-83) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Andrew and Maxine Burry - Pandora Avenue North. (By-law No. 2003-84) (o) Being a by-law to adopt Amendment No. 48 to the Municipal Plan - City of Kitchener - 1077 Queen's Boulevard - St. Mary's Hospital. (By-law No. 2003-85) (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the (q) City of Kitchener - St. Joseph's Health System Boulevard. (St. Mary's Hospital) - Queen's (By-law No. 2003-86) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - MennoHomes Inc. - Village Road. (By-law No. 2003-87) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:15 p.m. MAYOR CLERK COUNCIL MINUTES MAY 5, 2003 - 151 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That Zone Change Application ZC 99/17/P/GR (118 Pandora Avenue North - Andrew and Maxine Burry) approved by Council on November 29, 1999, be forwarded to Council for three readings of the by-law even though the seven month time period for fulfilling conditions has expired. That parking be prohibited at any time on both sides of Baxter Place between Pioneer Tower Road and Edgehill Drive; and further, That the Uniform Traffic By-law be amended accordingly. That the south side of Bingeman Street between Lydia Street and East Avenue be exempt from the sidewalk provisions of Council Policy Number I-1120 (Road Allowance Widths and Sidewalk Locations in New Subdivisions) and a sidewalk not be installed in this location during reconstruction of Bingeman Street. (Dealt with under Delegations and Carried.) 1) That Municipal Plan Amendment Application MP 02/14/Q/DR (1077 Queens Boulevard - St. Mary's Hospital) be approved, being an amendment to: a) Add Special Policy 38 to Part 3, Section 12 as follows: 38. Notwithstanding the Low Rise Residential designation, on lands municipally known as 1077 Queens Boulevard, a commercial parking lot shall be a permitted use. b) Amend Map 8 to include Special Policy 38 as shown on Schedule 'A'. It is the opinion of this Committee that approval of this amendment to the City's Municipal Plan is proper planning for the City. 2) That Zone Change Application ZC 02/45/Q/DR (1077 Queens Boulevard - St. Mary's Hospital) requesting a change in zoning from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Use Provision 328U, on lands legally described as Part Lot 2, Plan 786; Part 15, R.P. 58R-370, be approved in the form shown in the "Proposed By-law", dated March 18, 2003. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (MP 02/14/Q/DR) to the City's Municipal Plan. 3) That Demolition Control Application DC 02/13/Q/DR (St. Mary's Hospital), for which the owner is requesting approval for the demolition of a single detached dwelling at 1077 Queens Boulevard, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. A. That Zone Change Application ZC 02/38/V/BS (220 Village Road - MennoHomes Inc.) for the purpose of changing the zoning from Neighbourhood Institutional Zone (I-1) to Neighbourhood Institutional Zone (I-1), with special regulation provision 396R on lands legally described as Part Lot 1, Municipal Compiled Plan 1020, and municipally known as 220 Village Road in the City of Kitchener, be approved in the form shown in the "Proposed By- law" dated April 28th, 2003 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. COUNCIL MINUTES MAY 5, 2003 - 152 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That staff be authorized to negotiate the details of the sale of a parcel of land approximately 6.1 metres x 39.62 metres with frontage on Village Road immediately west of 220 Village Road to the adjacent property owner and the purchase of a parcel of land approximately 62.58 metres x 20.96 metres with no street frontage at the rear of 220 Village Road from the adjacent property owner as an addition to Forest Hill Park intended to be used as a Community Garden. C. That the Mayor and Clerk be authorized to sign the Draft Plan of Condominium on behalf of the City of Kitchener as owner of a portion of the land subject to the application. That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P. 13 as amended, and delegation By-law 2002-164, grant draft approval to Plan of Condominium Application 30CDM-03201 (220 Village Road), in the City of Kitchener for MennoHomes Inc. and the City of Kitchener, subject to the following conditions: That this approval applies to Draft Plan of Condominium 30CDM-03201 for MennoHomes Inc. and the City of Kitchener, prepared by Green Scheels Pidgeon Planning Consultants Limited, dated April 28th, 2003, that shows 8 vacant land condominium 'units'. 2. That prior to final approval of the plan to be registered, the owner shall fulfill the following conditions: 1. That the final plan shall be prepared in accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Planning. 2. That Zone Change Application ZC 02/38/V/BS (220 Village Road) receive final approval. That the owner submit a draft Condominium Declaration for approval by the City's Director of Planning and Kitchener-Wilmot Hydro Inc containing, but not limited to, the following provisions: i) That in the event that zero lot line housing is proposed for development, a maintenance easement and eaves encroachment easement shall be required between units to the satisfaction of the City Solicitor; and ii) That access rights will be maintained for Kitchener-Wilmot Hydro. That the Owner covenant and agree in writing to the City's Director of Planning to register a Condominium Declaration which shall include the approved provision as required in Condition # 3 hereof. That the 5% parkland dedication required for the entire Plan of Condominium, being 0.015 hectares, shall be satisfied by the dedication of land and / or by a cash-in-lieu contribution for 5% of the value of all the lands within the plan. The value of the cash contribution shall be determined by the City's appraiser as of the day before the day of approval of the Draft Plan of Condominium, payable to the City prior to the City's release of the plan for registration. 6. That the Owner make financial arrangements to the satisfaction of the City's Engineering Services, for the installation of all new service connections. That the owner make financial arrangements to the satisfaction of the City's Engineering Services for the installation, to City standards, of boulevard landscaping including street trees, paved driveway ramps and the installation of new curb and gutter along the street frontage. COUNCIL MINUTES MAY 5, 2003 - 153 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That to address Storm Water quality concerns, the owner is required to contribute payment in accordance with the City's Master Stormwater Management Policy. For this development, the owner is to pay to the City $4,438.00 for that part of the cost of the City's stormwater quality management system attributable to the site in accordance with the aforementioned policy. That the Owner prepare a Landscape Plan to the satisfaction of the City's Director of Planning showing planting and surfacing details for all areas not covered by buildings, structures, loading areas or parking areas and showing fencing along the westerly property line abutting the park lands and a visual barrier along the side lot line of the rear yard of the most easterly 'unit' abutting the church lands. 10. That the Owner make financial arrangements to the satisfaction of the City's Director of Planning for the installation, to City standards, of the landscaping as indicated on the approved Landscape Plan with the maintenance of said landscaping to be the responsibility of the Condominium Corporation. 11. That the Owner submit a plan to the satisfaction of the City's Director of Planning showing the location of all buildings, driveways and required parking spaces for each unit to confirm compliance with the Zoning By-law. 12. That the Owner shall install within the subdivision any required geodetic monuments under the direction of the City's Engineering Services, with coordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their coordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 13. That satisfactory arrangements be made with the City of Kitchener for the payment of any outstanding Municipal property taxes, utility accounts, and/or local improvement charges. 3. CLEARANCE CONDITIONS: 1. That prior to the signing of the final plan by the Director of Planning, the owner shall submit a detailed written submission outlining and documenting how conditions 2.2 through 2.13 inclusive have been met. The submission shall include a brief but complete statement detailing how each condition has been satisfied. 2. That prior to the signing of the final plan by the Director of Planning, Kitchener-Wilmot Hydro Inc. shall notify the Director of Planning that Condition 2.3 has been satisfied. 4. NOTES: Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality of Waterloo are applicable. Registry Act 2. The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. The condominium plan for registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. Updated Information 3. It is the responsibility of the owner of the lands subject to this draft plan to advise the City of Kitchener Development and Technical Services Department and the Regional Municipality of Waterloo of any changes in ownership, agent, address and phone number. COUNCIL MINUTES MAY 5, 2003 - 154 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) Fees 4. The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted by-laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. Planning Act Applicability 5. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Registration Release 6. To ensure that a City Release is issued by the Director of Planning prior to year end it is the responsibility of the owner to ensure that all fees have been paid, that all conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Director of Planning, no later than December 15th. City staff can not ensure that a City Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. Final Plans - Condominium 7. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the applicable clearance agency that the necessary arrangements have been made, the signature of the Director of Planning will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Six (6) mylar copies Six (6) white paper prints One (1) J-1 Form It is the opinion of this Committee that approval of this application is proper planning for the City. E. That staff be authorized to advertise for a Public Meeting with the intent to rezone a parcel of land approximately 6.1 metres x 39.62 metres with frontage on Village Road from Public Park Zone (P-l) to Neighbourhood Institutional Zone (I-1), 396R at the earliest opportunity. (Dealt with under Delegations and Carried.) That use of the Transportation Association of Canada (TAC) warrants for the installation of traffic control signals and the Intersection / Midblock Pedestrian Signal Warrant Criteria be endorsed, as proposed by the Region of Waterloo; and further, That the Region of Waterloo be requested to review the need for traffic control signals at the following locations based on the TAC warrants: · Fischer Hallman Road at Stoke Drive · Victoria Street at Stoke Drive/Oprington Drive · Victoria Street at Eastforest TrailNVestforest Trail · Victoria Street at Westforest Trail COUNCIL MINUTES MAY 5, 2003 - 155 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) · Courtland Avenue at Siebert Avenue · Ottawa Street at David Bergey Drive · Ottawa Street at Old Chicopee Drive · Ottawa Street at Montcalm Drive CITY OF KITCHENER That the City of Kitchener strongly supports the widening of Highland Road West to four lanes between Westmount Road and Fischer Hallman Road; and further, That the Region of Waterloo be requested to continue to plan for its reconstruction and widening in 2004. COMMUNITY SERVICES COMMITTEE - That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Park License Agreement with Hydro One Networks Inc. (H©NI) relating to lands in the Laurentian West Community, more particularly described as Part Lots 46 & 47, German Company Tract, City of Kitchener, giving the City a license to use and allow the public to use a Hydro Corridor. That the 'Kitchener - Word On The Street' Exhibitor Registration Package as attached to Community Services Department report CSD-03-067, be approved, including the vending fees for registration of booksellers, publishers, distributors and other literary type associations. That the City Solicitor be directed to develop a "Talent Agent Agreement - Special Events" to be used when contracting with an agent for the booking of entertainment at City programs and events; and, That such agreement once drafted to the satisfaction of the City Solicitor, be approved and authorized for use; and further, That the Facilitator of Special Events, or designate, be given signing authority for the "Talent Agent Agreement - Special Events", provided the total payment/consideration does not exceed $7,000. That the contract details be approved, as attached to Community Services Department report CSD-03-073, resulting from final negotiations with exclusive suppliers and sponsors for the Kitchener Memorial Auditorium Complex, Community Arenas and Golf Courses. That a loan in the amount of $105,000. be approved for Kitchener Minor Soccer to assist with associated costs for the 2003 Outdoor Soccer Program; and, That the $105,000. be added to the current debt that Kitchener Minor Soccer has outstanding with the City of Kitchener; and, That Kitchener Minor Soccer be required to complete an organizational review and business plan; and further, That pending the review and receipt of the business plan, City staff work with Kitchener Minor Soccer to establish a debt repayment schedule to be implemented upon Council approval. That the Foundations Plan for Victoria Park be approved, in principle, as attached to Community Services Department report CSD-03-063; and further, That staff of the Community Services Department be directed to proceed with preparation of the Strategic Plan for Victoria Park based on the directions provided in the Foundations Plan, for presentation to the Community Services Committee in June 2003. COUNCIL MINUTES MAY 5, 2003 - 156 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 7. CITY OF KITCHENER That Lorne Park, legally described as Part of Blocks "B", "Q", "S" and "U" on Plan 670, be renamed as "Lorne Green" and appropriate signage be installed. FINANCE AND CORPORATE SERVICES COMMITTEE - 10. 11. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Rotary Clubs of Kitchener-Waterloo for a Habitat for Humanity' 'Adopt a Home' build at 599 Guelph Street between the hours of 7:00 AM to 9:30 PM daily, from May 24, 2003, to May 31, 2003. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Hope Lutheran Church, 30 Shaffsbury Drive for an outdoor youth concert in the church parking lot, between the hours of 6:30 PM to 10:30 PM on June 20, 2003. That Council Policy 1-148 (MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT - APPOINTMENTS) be amended as contained in the draft amended policy attached to Corporate Services Department report CRPS-03-073. That no action be taken on the implementation of the Ontario Energy Board approved natural gas rate rider for Union Gas Ltd. slated for effect May 1,2003; and further, That this recommendation be reviewed prior to July 1,2003. That the request of Doon Heritage Crossroads for a reduced licence fee for a Temporary Retail Market to be held on May 24, 2003, in connection with the Fire Fighters' Muster, be approved, provided the necessary licence is obtained and that the reduced fee of $10.00 be applicable. That the request of Doon Heritage Crossroads to invite three food vendors to operate at the Fire Fighters' Muster, Games and Parade on May 24, 2003, at 10 Huron Road, be approved, providing the necessary licence, including Health and Fire approval, is obtained. That the request of Christ Lutheran School PTA to operate a barbecue during the annual Garage Sale on May 30, 2003 at 146 Trafalgar Avenue, be approved, provided the necessary licence, including Health and Fire approval, is obtained; and further, That the Christ Lutheran School PTA be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 146 Trafalgar Avenue on May 30, 2003. That Kitchener Minor Hockey Association be granted permission to operate portable barbecues at 72 Wilson Avenue on May 10, 2003, provided the necessary licence, including Health and Fire approval, is obtained. That the 2003 budget of the Kitchener Downtown Business Association be accepted, as attached to correspondence from Mr. M. Schreiter, Executive Director, dated April 23, 2003. That the 2003-2004 budget for the Belmont Improvement Area be accepted, as attached to correspondence from Ms. P. Ridley, Treasurer, dated April 11,2003. That a by-law be considered at a future Council meeting to amend the City of Kitchener Municipal Code Chapter 665 (Property Standards) to require a sufficient number of litter receptacles be situated throughout the exterior of commercial, industrial, and multi-unit residential sites, to be readily accessible for use by the occupants or patrons of the premises; and further, That the Urban Design Manual Section DS.C.3, Landscape Design, be revised to include direction for the installation of Litter Receptacles on Commercial Sites. COUNCIL MINUTES MAY 5, 2003 - 157 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 12. That a partnership be established with the Business and Education Partnership of Waterloo Region, and staff continue to explore opportunities to assist this group's work in the community; and, That a financial contribution of $5,000. be approved for the Business and Education Partnership; and further, That the Business and Education Partnership be requested to provide a report to the City within one year outlining how the City's funds have contributed to positively improving the career opportunities of youth in the community. 13. That Kitchener City Council supports the Kitchener Public Library Board's decision to move forward with Phase 2 of the Needs Assessment for a new Main Library, including key functional and design requirements, and a review of possible site options for a new Main Library. 14. That the Mayor and City Clerk be authorized to execute an agreement with the RBC Royal Bank and Teranet Enterprises Inc., subject to the satisfaction of the City Solicitor, to provide the service of allowing people to pay Parking Infraction Notices on-line via the City of Kitchener's web site; and further, That the 2004 and 2005 Operating Budget of the By-law Enforcement Division be adjusted to reflect the increased cost of providing the service of on-line parking ticket payments via the City's web site. 15. That with respect to the Sandrock Greenway Sanitary Trunk Sewer Flood Relief Study, the budget for Index No. 855743 be increased from $90,000 to $150,000 to undertake more comprehensive field investigations to identify sewer inflow sources at the Sandrock Greenway prior to selecting a preferred alternative. 16. That funding for the current applications for the storm connections program be provided from the storm connection fund and the sanitary utility fund. 17. That notwithstanding Council's resolution of January 20, 2003, approving debenture financing in 2003, of $1,744,000. for the new Kitchener Market, for a term not to exceed 10 years; and, subject to the availability of Ontario Opportunity Bonds issued by the Ontario Municipal Economic Infrastructure Financing Authority (OMEIFA); That the debenture financing approved for 2003 be re-allocated to road resurfacing and bridge rehabilitation, in the form of an Ontario Opportunity Bond; and further, That staff report to a future Finance & Corporate Services Committee meeting on the financial feasibility of accelerating the City's infrastructure replacement program in order to take advantage of the reduced interest rate provided under the OMEIFA loans program. MAY 5, 2003 COUNCIL MINUTES - 158 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. Community University Research Alliance (CURA) - Operatinq Costs Council was in receipt of Community Services Department report CSD-03-068 (F. Pizzuto), dated April 22, 2003, recommending waiving of taxes for 70 King Street East. It was resolved: "That the City of Kitchener waive taxes for the CURA occupied premises at 70 King Street East for the years 2001,2002 and 2003." 3. Kitchener Public Library and Waterloo Public Library Joint Task Force on Library Services - Terms of Reference Dealt with under Delegations. Agreement - 120 Victoria Street South - Permission to Drill Boreholes in Bramm Street Road Allowance Council was in receipt this date of Corporate Services Department report CRPS-03-083 (L. MacDonald), dated May 1, 2003, recommending permission be granted to drill boreholes in the Bramm Street road allowance for analysis respecting an environmental investigation being conducted. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner of the property municipally known as 120 Victoria Street South to permit the drilling of three boreholes with monitoring wells in the Bramm Street road allowance, said agreement to expire May 1,2005."