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HomeMy WebLinkAboutCouncil Minutes - 2003-06-09 SSPECIAL COUNCIL MINUTES JUNE 9, 2003 CITY OF KITCHENER A special meeting of City Council was held at 6:25 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 M. Galloway "That an in-camera meeting of City Council be held this date to consider a personal matter and two matters subject to solicitor-client privilege." Carried. It was moved by Councillor C. Weylie and seconded by Councillor B. Vrbanovic that Clause 2 of the Development and Technical Services Committee report (May 26, 2003) concerning Zone Change Application ZC 97/34/S.PB, be adopted. Mr. J. Willmer, Director of Planning, provided a brief overview of the zone change application and informed Council that Mr. Richard Hardie representing area residents has requested deferral of the matter to the June 16, 2003 Council meeting in order to obtain further information regarding the traffic impact from the proposed zone change. Mr. Willmer advised that staff did not have a problem with the one-week deferral. Mr. Mel Code representing Huron Woods Development Corporation attended advising that his client wishes to move forward with this application at this time and reminded Council that members of the public have had an opportunity to comment on the application at the public meeting held on May 26, 2003. Mr. Code added that although he understands Mr. Hardie's concerns, in his opinion the proposed zone change is distinct from Mr. Hardie' concerns. In answer to a question from Councillor J. Gazzola, Mr. Code explained that the one-week deferral does not matter in the big picture with respect to the application and possible development of the property but he did question the process with respect to the public meeting held on May 26, 2003. Councillor M. Galloway referred to an email received from Mr. Hardie on behalf of area residents requesting the one-week deferral suggesting it was a sensible thing to do. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That consideration of Clause 2 of the Development and Technical Services Committee from its meeting held May 26, 2003 regarding Zone Change Application ZC 97/34/S/PB be deferred and referred to the June 16, 2003 Council meeting to allow area residents to obtain further information regarding any traffic impact from this application. Carried. Mr. Robert Santos attended in respect to Item 4 regarding the May 13, 2003 decision of the Dog Designation Appeal Committee. Mr. Santos informed Council that he has been given 90 days to remove his dog but questioned what would happen if he failed to do so. Mayor C. Zehr informed Mr. Santos that the 90 days would commence from the date Council confirms the recommendation of the Committee, should this happen, and that under the Municipal Code, Mr. Santos would be responsible to remove the dog from the City of Kitchener. Councillor J. Gazzola informed Council that the Committee normally allows 70 days for the removal of a prohibited dog but has, in this case, allowed an additional 20 days. Moved by Councillor J. Smola Seconded by Councillor J. Gazzola "That the May 13, 2003 decision of the Dog Designation Appeal Committee regarding an appeal filed by Robert Santos, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." Carried. SPECIAL COUNCIL MINUTES JUNE 9, 2003 - 181 - CITY OF KITCHENER Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the special agenda. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That Tender T03-004, Margaret Avenue Bridge Structural Modifications and Concrete Repairs, be awarded to McLean Taylor Construction Limited, St. Mary's, Ontario at their tendered price of $947,350.82, including contingencies of $75,000. & G.S.T., and further that the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." SEE FOOTNOTE - and - "That Tender T03-031, Doonbrook Place - Watermain Replacement, be awarded to Rexco Limited, Gads Hill, Ontario at their corrected tender price of $102,855.80, including contingencies of $18,625. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Council then recessed at 6:40 p.m. and re-convened at 8:23 p.m., Chaired by Mayor C. Zehr and with all members present. Council then considered the remainder of the Committee recommendations arising from the meetings of May 26, 2003. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clauses 1 and 3 of the Development and Technical Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance & Corporate Services Committee be adopted." Councillor J. Gazzola advised that with respect to Clause 1, the Christmas Fantasy in Victoria Park Committee has requested that the matter be further deferred and referred to the June 23, 2003 Community Services Committee. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 1 by changing the referral date from June 9, 2003 to June 23, 2003. The report was then voted on Clause by Clause. Clause 1 - Carried, as Amended. Balance of report - Carried. Council considered Strategic Services Department report SSD-03-019 (G. Borovilos), dated May 29, 2003, containing a recommendation from the Economic Development Advisory Committee regarding the Regional Growth Management Study and future employment lands. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the Kitchener Economic Development Advisory Committee encourages the Regional Municipality of Waterloo to: FOOTNOTE: RESOLUTION AMENDED AT SPECIAL COUNCIL MEETING - JUNE 23, 2003 SPECIAL COUNCIL MINUTES JUNE 9, 2003 - 182 - CITY OF KITCHENER Participate with the private sector in an Employment Lands Task Force to ensure an adequate supply of employment land is available, and with an emphasis on the development of the "Airport Lands"; Begin immediately to establish the necessary partnership structure to provide for the development of the Airport Lands; Ensure that regional road network and interchanges to Highway 401 are in place when these lands develop; and Initiate the process of amending the Official Plan to bring the Airport Lands into the urban area." Carried. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That Misty Watters and April Labar, employed at 4-808 Courtland Avenue East, Kitchener (Taj Mahal) be granted 2003 Adult Entertainment Parlour Attendant Licences." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting of this date concerning an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for Harry's Grill, 200 King Street East. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Harry's Grill at 200 King Street East, between the hours of 11:00 AM and 2:00 AM on June 14, 2003, for a Children's Wish Foundation Fundraiser, provided all outdoor music ceases at 10:00 PM; and, That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Harry's Grill at 200 King Street East, between the hours of 3:00 PM and 2:00 AM on June 20, 2003, for the Silk Road Festival, provided all outdoor music ceases at 10:00 PM; and further, That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Harry's Grill at 200 King Street East, between the hours of 3:00 PM and 2:00 AM on July 4, 2003, for the 'Cruising on King Street' event, provided all outdoor music ceases at 10:00 PM." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting of this date concerning an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for the Market Square building. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Industrial Waterblast Services, to undertake pressure washing of the exterior of the Market Square building between the hours of 10:00 PM and 6:00 AM on June 16, 17 and 18, 2003." Carried. Council considered a resolution arising from the Large Urban Mayors' Caucus of Ontario (LUMCO) meeting held on June 6, 2003 regarding the Provincial government's platform position with respect to the requirement for municipalities to hold a referendum on future tax increases. Council also considered an internal memorandum from Councillor M. Galloway regarding a proposed resolution from the Association of Municipalities of Ontario regarding the same matter. Mayor C. Zehr provided background information stemming from the LUMCO meeting, advising that the recommendation from that meeting calls for an independent review of the relationship between the Province and the SPECIAL COUNCIL MINUTES JUNE 9, 2003 - 183- CITY OF KITCHENER municipalities with respect to operational responsibilities and sharing of financial resources. Mayor Zehr added that the AMO resolution calls for the withdrawal of the proposed tax referendum from the Provincial government's election platform as such legislation would have a negative financial impact on the municipalities. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "WHEREAS the Provincial Government has introduced its election platform which contains a proposal that will require municipalities to hold a referendum on future tax increases; AND WHEREAS up to 50 per cent of a typical Ontario municipality's budget relates to costs beyond municipal control, including services mandated or controlled by the provincial government as a result of downloading (e.g., social services, pooling); the cost of provincially- mandated changes to service delivery standards (e.g., provincial regulatory changes relating to drinking water standards); and general changes in local demographic/economic conditions; AND WHEREAS municipalities have limited revenue sources, namely fines, fees, permits and property taxes while the Provincial Government has significant tax sources such as PST, income tax, fuel tax, liquor and cigarette taxes, corporate taxes, and a number of fines, fees and permits; AND WHEREAS the complexity of the current property tax system and the continuation of mandatory capping already puts residential taxpayers at risk in years when commercial assessment may be declining, and tax ratios are capped; AND WHEREAS the promise of allowing municipalities access to a selected number of new revenue sources is significantly undermined if a referendum is a prerequisite to implementation; AND WHEREAS municipal assessment growth is not a sustainable source of new revenue to offset potential tax increases as many municipalities are currently not growing, expect to see growth decline or are facing negative assessment growth; AND WHEREAS unlike the province and federal government (and many U.S. municipalities), Ontario municipalities are prohibited from running operating deficits or financing current expenditures from borrowing, making the unfettered ability to set the property tax at a rate sufficient to cover all costs budgeted for the year a fundamental requirement; AND WHEREAS the government has failed to take into account the adverse impacts that reduced revenue flexibility would have on municipal debt ratings or the potential that rating downgrades would increase the cost of borrowing, placing additional stress on local budgets; AND WHEREAS municipalities are already being restricted in fees and permit increases through such legislation as the Municipal Act, Development Charge Act and the pending BRAGG legislation; AND WHEREAS the cost to hold a referendum will be an additional downloaded burden on the local property taxpayer by the Provincial government; AND WHEREAS the majority of municipalities across Ontario are accountable and responsible, and have for many years held tax increases to a minimum, if not zero; AND WHEREAS municipalities have always justified any tax increases to their public in open public sessions of budget discussions; AND WHEREAS this policy could force municipalities to accumulate more debt; AND WHEREAS municipalities are required to hold elections every three years, giving the public ample opportunity to express their dissatisfaction with any tax increases; AND WHEREAS the municipal level of government is the most transparent level of government in Canada in that all decisions, with only specific exceptions are made in public; SPECIAL COUNCIL MINUTES JUNE 9, 2003 - 184- CITY OF KITCHENER AND WHEREAS municipalities negotiated in good faith with the Provincial Government a new Municipal Act which only fully came into force January 1,2003; AND WHEREAS as part of the negotiations for the new Municipal Act, the Provincial Government agreed to a Memorandum of Understanding (MOU) with AMO, wherein new or proposed legislation that would affect municipalities would be discussed before being announced; AND WHEREAS the Provincial Government did not raise the issue of the proposed referendum during the negotiations on the new Municipal Act, nor was it raised at the most recent M©U meeting; AND WHEREAS the Provincial Government has not consulted its municipal partner in any way regarding this proposed legislation; AND WHEREAS the cost of a referendum in Kitchener would be approximately $300,000.; NOW THEREFORE BE IT RESOLVED that the Council of the City of Kitchener requests the Provincial Government to withdraw the proposed tax referendum legislation from its election platform immediately; and that a copy of this resolution be forwarded to all MPPs, the Association of Municipalities of Ontario, and local community associations and other agencies within the City." Carried. Carried. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "WHEREAS municipal governments take their responsibility seriously to provide for the health and safety of their communities while controlling taxes within a provincial policy environment; AND WHEREAS the governing party's so called fair deal for municipalities significantly undermines progress on a new deal to share revenues more equitably; AND WHEREAS municipal responsibility is significantly constrained and diminished by the current property tax system; NOW THEREFORE BE IT RESOLVED that LUMCO recommends that a starting point, for building strong communities across Ontario, begin with the current Provincial Government and AMO jointly commissioning an independent review of the pressures facing municipalities and the redistribution of operational responsibilities and sharing of financial resources to avoid tax increases. AND BE IT FURTHER RESOLVED that LUMCO requests a response from the Premier by Thursday, June 12, 2003." Carried. Council considered correspondence from Mr. Ted Arnott, MPP, Waterloo-Wellington, requesting Council's support for Bill 34, an Act to Amend the Representation Act, 1996, to change the riding name to Waterloo-Wellington-Kitchener. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the Legislative Assembly of Ontario be advised the Corporation of the City of Kitchener supports Private Members Bill 34, Representation Amendment Act (Waterloo-Wellington- Kitchener), 2003; and further, That a copy of this resolution be sent to Ted Arnott, MPP, Waterloo-Wellington and to the Federal Electoral Boundaries Committee - Ontario." SPECIAL COUNCIL MINUTES JUNE 9, 2003 - 185- CITY OF KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and proceedings of the Council and that the same be taken as read a first, second and third times, be finally passed and numbered 2003-96 by the Clerk." Carried. Councillor G. Lorentz raised a concern regarding a recent Region of Waterloo report on the Light Rail Transit System (LRT) and the City's position with respect to the Epton site and the current Transit Centre. Councillor Lorentz advised that the report eluded to decisions being made regarding the LRT yet the Region has not consulted with the City or the public. Mr. J. Fielding, Chief Administrative Officer, advised that staff have had some preliminary discussions with the Region regarding the current Transit Centre and the need for a pedestrian friendly area leading to Victoria Park. Councillor B. Vrbanovic suggested that the Region be requested to enter into dialogue with the City regarding the proposed LRT particularly with respect to the Epton site and Transit Centre and he provided notice that he will bring forward a motion to that effect at the June 16, 2003 Council meeting. On motion, the meeting adjourned at 8:52 p.m. MAYOR CLERK JUNE 9, 2003 SPECIAL COUNCIL MINUTES - 186 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That as recommended in Development & Technical Services Department report DTS-03-075, the City of Kitchener approve the following action: 1) Adopt the Regional Municipality of Waterloo's policy for asphalt paving on smog advisory days. 2) Revise the City's Clean Air Plan which restricts the City and the City's contractor(s) from road resurfacing activities on smog days. 3) Remove smog day prohibitions and revise City of Kitchener specifications for road construction contracts. That the following recommendation from the Development and Technical Services Committee meeting held May 26, 2003 be deferred and referred to the June 16, 2003 Council meeting, to allow area residents to obtain advise regarding traffic impacts with regard to the application: 'That Zone Change Application ZC 97/34/S/PB (Strasburg Road at Huron Road - Huron Woods Development Corporation) to change the zoning on the subject lands from Restricted Business Park Zone (B-2) to Business Park Service Centre Zone (B-3) with Special Use 301 U; Restricted Business Park Zone (B-2) to Business Park Service Centre Zone (B-3) with Special Regulation Provision 363R; Restricted Business Park Zone (B-2) to Restricted Business Park Zone (B-2) with Special Regulation Provision 363R and Special Use Provision 297U; Restricted Business Park Zone (B-2) with Special Regulation Provision 1R to Hazard Land Zone (P-3); and Restricted Business Park Zone (B-2) to Hazard Land Zone (P-3), on lands legally described as Part of Lot 11, Biehn's Tract and Part of Lot 17 and 19, Registrar's Compiled Plan 1471, more particularly described as Parts 3, 4 and 6 and Parts 11 to 15 inclusive on Plan 58R-12807, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated April 25, 2003. 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.' (As Amended) That the City of Kitchener Draft Communication Tower Policy, dated May 2003, to act as the 'Local Protocol Respecting Antenna Structures', be approved in principle and forwarded to Industry Canada for its review and comment. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That consideration of the request of the Christmas Fantasy in Victoria Park Committee be deferred and referred to the June 23, 2003 Community Services Committee meeting, to allow a team composed of Councillors J. Gazzola and G. Lorentz, staff and representatives of Christmas Fantasy to develop a suitable arrangement with respect to the following: (a) a reduction in the outstanding amount of Christmas Fantasy's loan with the City; (b) credit towards the outstanding amount of the loan for the value of volunteer labour, (c) use of 98 West Avenue as a storage facility, (d) expansion of the lighting display, and, (e) a letter of understanding clearly outlining the responsibilities of both parties. (As Amended) JUNE 9, 2003 SPECIAL COUNCIL MINUTES - 187 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. That Futon Fashions Inc., 191 Highland Road East, be granted permission to operate a Refreshment Vehicle on September 13, 2003 (rain date September 20, 2003), provided the necessary licence, including Health and Fire approval, is obtained. 3. That the request of the Forest Heights Community Centre, 1700 Queen's Blvd., to operate a refreshment vehicle on June 21, 2003 be approved, provided the necessary licence, including Health and Fire approval, is obtained. 4. That the appeal of Rumen Yankov to the decision of the Manager of Licensing not to issue him a licence to operate a Hot Dog Cart at 907 Victoria Street North, be denied, pursuant to Municipal Code Chapter 556 (Refreshment Vehicles). 5. That the appeal of Rumen Yankov to the decision of the Manager of Licensing not to issue him a licence to operate a Hot Dog Cart at 509 Wilson Avenue (Toys R Us Plaza), be denied, pursuant to Municipal Code Chapter 556 (Refreshment Vehicles). 6 That Corporate Services Department report CRPS-03-093, Corporate Emergency Preparedness Initiatives, be received. 7. That no action be taken at this time, with respect to the option to accelerate the City's infrastructure replacement program in order to take advantage of the reduced interest rates offered by the Ontario Opportunity Bond Program.