Loading...
HomeMy WebLinkAboutCouncil Minutes - 2003-11-24COUNCIL MINUTES NOVEMBER 24, 2003 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor M. Galloway. The meeting began with the playing of "O Canada" by Glen Richardson and JeffWillmer. On motion by Councillor J. Gazzola, the minutes of the regular meeting held October 20, 2003, and special meetings held October 20 and November 17, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED TO FILE - (a) Letter dated October 30, 2003, from Elizabeth Witmer, MPP, Waterloo North, acknowledging receipt of Council's resolution regarding litter removal and grass cutting along lands adjacent to Provincial highways in Kitchener. (b) Letter dated October 8, 2003, from Ted Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council's resolution regarding litter removal and grass cutting along lands adjacent to Provincial highways in Kitchener. (c) Certified Results of the November 10, 2003 Municipal Election - G. Sosnoski, General Manager of Corporate Services & City Clerk. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon responded to questions concerning T03-057 (Toner Cartridges) advising that the lowest bid was rejected because it was incomplete and contained calculation errors. He also advised that supply of remanufactured toner cartridges was awarded separately to provide opportunity to a new supply company and given the Iow volume of usage he was of the opinion this would not create any difficulty to the City. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T03-057, Toner Cartridges (Original & Remanufactured) Co-Operative, be awarded to Axidata Inc., Scarborough, Ontario, at their tendered price of $134,747.72, including G.S.T. and P.S.T. for original toner cartridges, and to A&M Computer Supplies, Markham, Ontario at their tendered price of $12,149.75, including G.S.T. and P.S.T. for remanufactured toner cartridges; both of these contracts are for a one-year term with the option to renew for two additional one-year terms." - and - "That Council waive the process for purchase through formal quotations and award the Voice Mail Upgrade to Kayenell Communications Services Inc., Toronto, Ontario at their quoted price of $40,785., plus P.S.T. & G.S.T." Carried. Mr. J. Fielding, Chief Administrative Officer, presented Councillor G. Lorentz with a City pin in recognition of his 15 years of dedicated service to the residents of Kitchener as an elected member of Council and Ward Councillor to constituents of the Forest-Rockway Ward (5). Councillor Lorentz advised that he was honoured to have had the privilege of serving Kitchener residents over the past 15 years and thanked his constituents for continuing to re-elect him to office. Mr. & Mrs. Reg Jones attended in opposition to the recommendation listed as Item B.7 on the Committee of the Whole agenda with respect to a sign application of Dalimat Investments Limited / Frum Developments concerning the property at 700 Strasburg Road. This matter was previously deferred at the October 20, 2003 Council meeting and referred to the meeting this date for further consideration. The delegation advised that they strongly object to the additional height variance of two pylon signs and raised concerns regarding the adverse impact on their home from illumination of commercial business signs and headlights of parked vehicles reflecting from the plaza property. They noted that a landscaped buffer was to be provided and several small trees have been planted; however, they advised that this has had no effect in eliminating lighting problems and offers no COUNCIL MINUTES NOVEMBER 24, 2003 - 429 - CITY OF KITCHENER protection from dust and garbage coming from the development. The delegation suggested that the market value of their home has been negatively impacted by the plaza expansion and an adjacent multi-residential development and pointed out that no prior notice was given to them regarding these developments. They proposed that the following measures be undertaken to address their concerns: · that no increase in height, size and illumination of the pylon signs be permitted; · that the Shoppers Drug Mart sign facing Strasburg Road be removed; illumination of the sign on the front of the building and interior lights in the store be reduced; and timing restrictions put in place with respect to lighting; · that an appropriate barrier be installed along the entire frontage of Strasburg Road immediately; and, · that a row of mature evergreen trees be planted immediately to replace those removed. Mr. & Mrs. R. Jones also requested that, in future, the City ensure that its policy of public participation and regulation of its by-laws is adhered to and not protect only the interests of commercial developers. Mr. Michael Byass, Property Manager, Frum Developments, attended on behalf of the landlord of the subject property and acknowledged awareness of the concerns raised by Mr. & Mrs. Jones. He stated that the top of the pylon signs have not yet been capped and when in place, it is anticipated capping will help reduce lighting glare from the signs. He advised that evergreen trees have been planted across the frontage of Strasburg Road to act as a buffer and pointed out that the expansion development was undertaken with approval by the City. He stated that he made a personal visit to the Jones residence to address their concerns and gave assurances this date that he was willing to work with them and the City to reach an amicable resolution. Mr. Ivan Mohammed, a registered delegation, was also in attendance respecting this matter; however, prior to his presentation he had a medical emergency and was unable to address Council. Mr. Bob McColl attended regarding the concerns raised by Mr. & Mrs. R. Jones, stating that the site plan process should have involved notification to area residents and read aloud the text of the City's Public Participation Policy developed specific to the Gateway - Pioneer Tower area. Mr. McCall suggested that the policy applies City-wide and requested that City staff be directed to meet with those who took part in establishing the policy to ensure its implementation across the municipality. He then referred to the pylon signs, suggesting that the contractor knowingly proceeded with installation in contravention of City by-laws. He expressed the opinion that the height variance was not minor in nature and agreed with comments of Mr. & Mrs. Jones respecting the adverse impact of lighting glare and ineffectiveness of the trees recently planted as a buffer. Pictures were circulated illustrating lighting glare and the signage located on the subject property. Mr. McCall proposed recommendations for consideration, as follows: · that no portable signs be permitted; · that no other new signage be permitted, such as rooftop signs; · that no future variance approvals be given; · that a solid board fence be erected across the frontage of Strasburg Road; and, · that all store lighting for the Shoppers Drug Mart be turned off when the business is closed. Councillor J. Gazzola questioned what impact deferral of the matter to the December 15, 2003 Council meeting would have, given circumstances beyond Mr. Mohammed's control which prohibited him from addressing Council this date. Mr. J. Fielding commented that deferral would be beneficial to allow staff time to review comments made this date and to convene a meeting with the developer and area residents to discuss means of reaching an agreeable resolution. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the following recommendation of the Committee of Adjustment pertaining to sign application Submission No. SG 2003-012 (700 Strasburg Road) be deferred and referred to the December 15, 2003 Council meeting for consideration in conjunction with a report prepared by staff in response to recommendations proposed by delegates at the November 24, 2003 Council meeting and to provide for further discussion between affected parties: COUNCIL MINUTES NOVEMBER 24, 2003 - 430 - CITY OF KITCHENER 'That the application of Dalimat Investments Limited / Frum Developments (Submission No. SG 2003-012 - 700 Strasburg Road) requesting permission for two pylon signs to have a height of 9.9 m (32.5 ft.) rather than the permitted 7.5 m (24.61 ft.), to reduce the clearance between the bottom of the sign and grade to 1.52 m (5 ft.) rather than the required 2.44 m (8 ft.), and to increase the sign area to 22.2 m2 (238.97 sq. ft.) rather than the permitted 20 m2 (215.29 sq. ft.), on Part Block A, Registered Plan 1416, being Part 1, Reference Plan 58R-2575, 700 Strasburg Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the applicant shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title, which shall include the management and timing of the lighting of the signs on the Plaza property, and shall also prohibit mobile / portable signs along the Strasburg Road frontage of the subject property.'" Deferral Motion Carried. Council was in receipt of a report prepared by the Centre Block Steering Committee, dated November 19, 2003; attached documents entitled 'Centre Block Redevelopment Strategy - Draft for Discussion' and 'Conclusions and Recommendations', both dated November 24, 2003; and an article published in the October 2003 issue of Urban Land entitled 'The Power of Libraries'. The report recommends that Phase II of work being undertaken by Royal LePage Advisors to develop options and financial considerations for the Centre Block be approved at a cost of $20,000. Ms. Sheila Botting, Executive Vice-President, and Julian Coleman, Associate Vice-President, Royal LePage Advisors, attended to present the Phase 1 Analysis Report for the Centre Block. Copies of the report were circulated this date to members of Council. Ms. Botting advised that Royal LePage Advisors was commissioned by the Centre Block Steering Committee to undertake analysis of current market trends and development potential for the Downtown Centre Block. She stated that while the Centre Block is challenged, it represents an opportunity to act as a catalyst for economic development and the purpose of the first report is to set out a framework of options and conclusions respecting potential for development. Key real estate trends were compared in relation to the National Gross Demand Potential and Vacancy Rates and it was pointed out that Kitchener's Downtown has a vacancy rate of approximately 20%. She commented on types of development not considered feasible for the Centre Block, including: office space, condominium sales, large scale retail and hotels. Viable development options included institutional uses (private or public), high-rise and Iow-rise residential rental condominiums, townhouses and limited street front retail in conjunction with new development. Ms. Botting advised that a library is estimated to generate 1 million visits annually, which in turn would create retail demand and spoke of the potential for mixed use development with an institutional use, such as a library, as an anchor. The presentation was concluded with the following land use options provided: · do nothing and wait for markets to improve; · secure an institutional use (private or public) and leave the balance of the site for future development; · pursue a mixed use development with an institutional use and rental apartments above; · pursue a mixed use development with townhouses on the balance of the site; or, · develop the entire site with townhouses. Mr. Craig Robson, Centre Block Steering Committee, attended in support of the conclusions and recommendations of the Royal LePage Advisors Phase 1 Analysis report on the Centre Block. He stated that conclusions in the report confirm the Steering Committee's view that a stand-alone use on the Centre Block would not succeed and has provided answers to reasons for the lack of developer interest during the previous RFP process. He commented that a pre-leased or pre-sold component for the site is necessary to spur development and suggested that a library would be a strong catalyst for the Centre Block, and as importantly, for surrounding neighbourhoods. Mr. Robson encouraged Council to read the article entitled 'The Power of Libraries' and pointed out that the library has potential to rejuvenate the core by bringing people to visit, work and live in the Downtown. He stated that if the Centre Block is to succeed it will require continued financial investment by the City and accordingly, the Steering Committee is requesting funding approval to proceed with the next phase of defining development and financing options for the Centre Block. He advised that completion of Phase II is anticipated to provide Council with sufficient detailed information to assist in the decision- making process to make a good business case for development of the Centre Block. COUNCIL MINUTES NOVEMBER 24, 2003 - 431 - CITY OF KITCHENER Councillor J. Gazzola questioned if the focus of Phase II would be on a library component. Mr. C. Robson and Mr. Hans Pottkamper, Centre Block Steering Committee, clarified the next steps in the process, advising that while a library component will form part of the review, no final decision to proceed in this direction has yet been made. In response to further questions from Councillor J. Gazzola, Ms. S. Botting confirmed that all five options outlined in the Phase 1 report would be reviewed and documented during Phase II. In response to Councillor G. Lorentz, Mr. Robson advised that the Phase II report is anticipated to be presented to Council in mid-January or early February 2004 and the final phase will follow in approximately 6-8 weeks. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That proceeding with Phase II of work being undertaken by Royal LePage Advisors on behalf of the Centre Block Steering Committee to review development and financial considerations for the Centre Block, be approved, at a cost of $20,000." Carried. Mr. Bob McColl attended on behalf of the Pinegrove Community Association to raise concerns with respect to redevelopment of the property at 4391 King Street East / Baxter Place. Mr. McColl advised that the Association is of the understanding that landscaping on the site does not conform to the landscaping plans approved under the site plan approval process. He advised that the Association has made requests to the City to receive a copy of the landscaping plan; however, has been advised that they must make application under the Municipal Freedom of Information and Protection of Privacy Act (MF©IPP) to obtain a copy because of copyright protection legislation; or alternatively, may view the plans at City Hall. Mr. McColl commented that the Association has the right to be included in review of such plans and suggested that City staff could make this process easier by requesting the developer to provide additional copies of the plan when submitted. He also addressed concerns respecting garbage on the site remaining from demolition of a former hotel. He advised that while a site meeting with City staff and area residents was conducted several weeks ago, nothing has been done to date to clean up the site. Mr. J. Willmer, Director of Planning, was asked to comment and advised that with respect to the garbage, a site meeting is scheduled for Wednesday, November 26, 2003 to resolve outstanding issues. He pointed out that the developer is permitted one year from occupancy to complete site development; however, he suggested that it may be possible to expedite clean up of the garbage by negotiating use of a Letter of Credit. Mr. Willmer provided explanation of the concerns regarding copyright protection legislation and advised that Legal staff agreed with the position taken respecting a Freedom of Information (F©I) request. He stated that if an F©I request is successful, the document would be appropriately stamped with a copyright warning and released. Councillor B. Vrbanovic suggested that the process of obtaining copies of the plan should be less onerous. Mr. Willmer advised that the development industry is reluctant to include residents in the review process and pointed out that it would be difficult to request additional copies of plans when it is not a legal requirement. He commented that the City has had to overcome negative development industry perceptions with respect to its development review process and cautioned against adding additional requirements to the process. Ms. L. MacDonald, City Solicitor, confirmed comments respecting copyright protection legislation and the need to receive a formal F©I request; however, she suggested that consideration could be given to asking a developer to sign a release form. Councillor B. Vrbanovic also referred to the issue of expediting clean up of development sites and requested that staff consider alternatives such as authorizing the site inspector to withhold final approval until the site is in an acceptable condition. Following further discussion, Council directed staff to prepare a report for future consideration of the Development and Technical Services Committee pertaining to the issues raised with respect to the redevelopment at 4391 King Street East, including background information regarding copyright infringement, legal implications and practical solutions. Mr. Bob McColl attended on behalf of residents of Deer Ridge Drive to raise concerns with respect to a vacant building on the property at 4278 King Street East (former Flying Dutchman Hotel). Mr. McColl advised that residents are concerned that the building poses a potential fire hazard and in the event a fire occurs, there is also concern that water used to extinguish the fire will run into two abandoned water wells on the site and ultimately contaminate water supply to surrounding neighbourhoods. He pointed out that both Grand Hills and Pinegrove residents rely on well water and COUNCIL MINUTES NOVEMBER 24, 2003 - 432 - CITY OF KITCHENER if contaminated, it would be necessary to convert to City services at significant costs. He requested that the vacant building be demolished and / or the abandoned wells be decommissioned. Mr. J. Willmer advised that at this time he was not prepared to provide comment on this matter as he had not received prior notice of the concerns raised by the delegation. Council agreed to refer the matter to staff and requested that a report be prepared for the December 8, 2003 Development and Technical Services Committee meeting if it was determined action is required. Ms. Trudi Bunting attended on behalf of Compass Kitchener to present a 'Report of Findings - Quality of Life in the City of Kitchener'. Ms. Bunting reviewed survey and focus group results that suggest a high level of satisfaction with the quality of life in Kitchener. However, four main topics were identified as issues of community concern, including: the Downtown, transportation, growth management and the environment. Ms. Bunting outlined challenges facing mid-sized cities and made suggestions for improvement respecting dissemination of information to the community; development of a plan of action to address community issues; and, development of a marketing vision for the City of Kitchener. In response to questions, Ms. Bunting and Ms. C. Ladd, General Manager of Strategic Services, explained how the survey and focus groups were conducted and Ms. Bunting advised that the findings would be further reviewed by new members of Compass Kitchener. In response to Councillor B. Vrbanovic, Ms. Ladd advised that new Terms of Reference were developed for Compass Kitchener which include three-year appointment terms to coincide with Council's term of office. She advised that survey results would be fully reviewed and recommendations brought forward by Compass Kitchener for discussion in early 2004. In addition, she advised that it is intended Compass Kitchener will conduct annual surveys to monitor the City's progress. Mr. George Branov, Macedonian-Canadian Community of Cambridge, Kitchener-Waterloo & Guelph, attended with respect to Clause 4 of the Finance and Corporate Services Committee report to make representation in support of the group's request to operate bingos in the City of Kitchener. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion and voting concerning this matter as he is associated with an organization that derives part of its revenues from bingos. Mr. G. Branov advised that the Macedonian-Canadian Community is a not-for-profit group that formerly operated bingos in the City of Waterloo prior to the Waterloo bingo hall closing. He advised that the group's request to operate bingos in Kitchener was denied as they did not meet eligibility criteria. He explained that if the group is unable to operate bingos it will experience funding shortfalls and requested that Council reconsider allowing the group to operate in Kitchener. In response to questions, Mr. Branov advised that the group's membership is regional; however, its physical presence is in the City of Cambridge. He advised that the group currently operates from the Macedonian Church in Cambridge and provided information respecting disbursement of the group's bingo proceeds. Councillor J. Smola raised concerns respecting space availability and / or the need to expand time slots to accommodate this group. He stated that it was important for this determination to be made to ensure Kitchener groups are not displaced. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, advised that staff have not yet had an opportunity to assess the impact of the recent amalgamation between Kitchener and Waterloo groups and accordingly, staff are hesitant to expand bingo time slots. He pointed out that staff have encouraged this group to approach the Cambridge bingo hall given its physical presence in the City of Cambridge. Councillor Smola commented that more information is needed prior to a decision being made and suggested that the two Kitchener Charity Associations be asked to comment on space availability or the need to expand to accommodate this group. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 4 of the Finance and Corporate Services Committee report be amended to defer and refer the request from the Macedonian-Canadian Community of Cambridge, Kitchener-Waterloo & Guelph, to operate bingos in Kitchener to the December 15, 2003 Council meeting to gather input from the Charity Associations operating the two bingo halls in Kitchener regarding availability of time slots or need to expand to accommodate other groups; and that the group be encouraged to make application for permission to operate bingos in the Cambridge bingo hall." Carried. NOVEMBER 24, 2003 On motion by Councillor C. Weylie, COUNCIL MINUTES - 433 - seconded by Councillor B. CITY OF KITCHENER Vrbanovic, the report of the Development and Technical Services Committee (meeting of October 6, 2003) was brought forward for consideration. Councillor B. Vrbanovic requested that Clause 1 of the report be further deferred and referred to the December 15, 2003 Council meeting as the concerns raised by him at the October 20, 2003 Council meeting have not yet been addressed. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That consideration of the Development and Technical Services Committee report (meeting of October 6, 2003) be deferred and referred to the December 15, 2003 Council meeting." Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic Carried. Councillor J. Gazzola requested that Clause 3 be dealt with separately and in reference to correspondence received from area residents, questioned if installation of the four-way stop control would result in traffic diverting to Doon Village Road. Mr. G. Stewart, General Manager of Development and Technical Services, stated that some motorists may choose an alternate route because of the all-way stop; however, the purpose of its installation is to alleviate concerns respecting limited site visibility at the intersection of Doon Mills Drive and Tilt Drive. The report was then voted on Clause by Clause. Clause 3 - 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." Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Service Committee be adopted." Mayor C. Zehr referred to Clause 7 of the report and noted that at the November 21,2003 meeting to consider Annual Appointments to Advisory Committees and Boards, Council decided not to appoint a Council representative to the Animal Services Contract Negotiation Committee. Accordingly, he advised that the last paragraph of Clause 7 was redundant and it was agreed that this paragraph would be removed. Councillor J. Gazzola requested that Clause 1 of the report be dealt with separately and advised that while he supports the Residential Energy Efficiency Project (R.E.E.P.), he was of the opinion that the requested increase in the City's financial contribution is too high and should be reduced to a more reasonable level. The report was then voted on Clause by Clause. Clause 1 - Carried. Clause 4 - Dealt with under Delegations and Carried, as Amended to defer and refer Carried. "That the report of the Development and Technical Services Committee (meeting of November 17, 2003), be adopted." COUNCIL MINUTES NOVEMBER 24, 2003 - 434 - CITY OF KITCHENER consideration of this matter to the December 15, 2003 Council meeting. Recorded Pecuniary Interest & Abstention: Clause 4 - Councillor B. Vrbanovic as he is associated with a charitable organization that derives revenues from bingos Clause 7 - Carried, as Amended. Balance of report - Carried. Councillor G. Lorentz questioned when reports would be presented concerning issues related to the Leaf Collection Program and Winter Maintenance Operations. Mr. F. Pizzuto, General Manager of Community Services, advised that immediately following conclusion of the 2003 Leaf Collection Program, staff will undertake a full review and a report will be presented well in advance of the 2004 program. He pointed out that staff recently provided a report on winter maintenance operations, outlining changes with respect to shift work that will allow service to be provided on a 24-hour per day basis. Councillor C. Weylie asked if the issue of motor vehicles parked on roadways during heavy snow falls has been addressed and if it is intended to tow these vehicles. Mr. Pizzuto stated that staff have proposed to address this issue through media messaging and will work with By-law Enforcement staff to have vehicles ticketed. Mr. J. Fielding commented that if clear direction was received from Council, vehicles could be towed; however, he cautioned that Council would have to be prepared to deal with the impact if such action is taken. In response to questions from Councillor J. Gazzola, Mr. Fielding advised that winter maintenance operations are ready for the coming season and staff are confident that with the change to shift work, they can deliver 24-hour service. Following further discussion, it was agreed that staff would provide an additional report for consideration at the December 8, 2003 Community Services Committee meeting to address concerns raised this date respecting winter maintenance operations. Councillor C. Weylie referred to a noise exemption granted to Manulife Inc. for maintenance repairs to their garage and advised that the newsletter distributed by Manulife appears to have been successful given no resident complaints have been received. Councillor Weylie then referred to the lengthy lead time required for submission of articles for inclusion in community newsletters and questioned if space could be blocked out so that Councillors could submit their articles closer to the date of publication. Ms. R. Pitfield, Director of Communications / Marketing, advised that because in-house printing of community newsletters cannot be prescheduled, at least one month lead time would be required for submission of articles. Mayor C. Zehr requested that Community Services and Communications staff coordinate timing issues with respect to community newsletters and, if possible, include their printing in a cyclical calendar. Councillor G. Lorentz extended congratulations to Mayor C. Zehr and members of Council on successful re-election, commenting that Kitchener residents have clearly demonstrated a vote of confidence by returning all former encumbants to office. However, he expressed disappointment with the Iow percentage of voter turnout and suggested that more needs to be done to encourage citizen participation. He referred to the City of London wherein advance polls were placed in shopping malls and asked that staff take time to consult with other municipalities on initiatives taken to increase voter turnout. Councillor B. Vrbanovic suggested that staff also consider consulting with the Province of Ontario to determine the feasibility of developing a Province-wide promotional campaign. Councillor B. Vrbanovic referred to a recent newspaper article regarding a comparison of fiscal performance between the Cities of Kitchener, Waterloo and Cambridge. He asked that Corporate Management Team and staff review the statistical data to determine why discrepancies exist and report to a future Finance and Corporate Services Committee meeting. Mr. J. Fielding advised that staff do seriously consider such comparisons and will undertake a review; however, he stressed that in doing so, it is important to understand how the statistical data was derived in comparison to how the City prepares its own statistics and how municipal costs are generated. Councillor J. Gazzola referred to a survey that was to be conducted following a period of time after the opening of new Doon Mills Drive in the Upper Doon area. He pointed out that the new road has recently opened and raised concerns that a member of Council has already directed staff to undertake the survey immediately. Councillor Gazzola was of the opinion that the matter should have COUNCIL MINUTES NOVEMBER 24, 2003 - 435 - CITY OF KITCHENER been brought back to Council for further consideration prior to a change being made in timing of distribution. Mr. G. Stewart advised that the survey has not yet been sent out. Members of Council directed staff to meet with Councillors J. Gazzola and M. Galloway to resolve the issue of timing and in the interim, delay distribution of the survey. Council agreed to a request of G. Sosnoski, General Manager of Corporate Services & City Clerk, to add a by-law to repeal By-law Nos. 2002-40 and 2002-78 respecting amendments to Chapters 210 and 213 (Cemeteries) of the Municipal Code and three by-laws to establish and lay out parts of Old Chicopee Drive, Rush Meadow Street and Briarmeadow Drive as public highways. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to repeal By-law No. 2003-181. (b) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hoiker Inc. - Bridgeport Road. (c) Being a by-law to exempt certain lots from Part Lot Control - Part Block 117, Registered Plan 58M-158 - Forest Edge Trail. (d) Being a by-law to provide for the establishing and laying out of part of Doon Mills Drive as a public highway in the City of Kitchener. (e) Being a by-law to provide for the widening of part of Strasburg Road as a public highway in the City of Kitchener. (f) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (g) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (h) 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. (i) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 1, Registered Plan 58M-258 - Bridlewreath Street. (j) Being a by-law to exempt certain lots from Part Lot Control - Lot 117, 119 and 120, Registered Plan 1773 - Schueller Street. (k) Being a by-law to exempt certain lots from Part Lot Control - Lot 54, Registered Plan 58M-247 - Swartz Street. (I) Being a by-law to exempt certain lots from Part Lot Control - Lot 26, Registered Plan 58M-247 - Cotton Grass Street. (m) Being a by-law to provide for the establishing and laying out of part of Max Becker Drive as a public highway in the City of Kitchener. (n) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to the Appointment of Staff. (o) Being a by-law to repeal By-law No. 2002-40 which amends Chapter 210, Cemeteries - Municipal, of the City of Kitchener Municipal Code and to repeal By-law No. 2002-78 which amends Chapter 213, Columbaria and Mausolea in Municipal Cemeteries of the City of Kitchener Municipal Code. COUNCIL MINUTES NOVEMBER 24, 2003 - 436 - CITY OF KITCHENER (p) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code respecting Cemeteries - Municipal. (q) Being a by-law to amend Chapter 213 of the City of Kitchener Municipal Code respecting Columbaria and Mausolea in Municipal Cemeteries. (r) To confirm all actions and proceedings of the Council. (s) Being a by-law to provide for the establishing and laying out of part of Old Chicopee Drive as a public highway in the City of Kitchener. (t) Being a by-law to provide for the establishing and laying out of part of Rush Meadow Street as a public highway in the City of Kitchener. (u) Being a by-law to provide for the establishing and laying out of part of Briarmeadow Drive as a public highway in the City of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. 7ehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. 7ehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "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 J. Smola Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to repeal By-law No. 2003-161. (By-law No. 2003-201) (b) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hoiker Inc. - Bridgeport Road. (By-law No. 2003-202) (c) Being a by-law to exempt certain lots from Part Lot Control - Part Block 117, Registered Plan 58M-158 - Forest Edge Trail. (By-law No. 2003-203) (d) Being a by-law to provide for the establishing and laying out of part of Doon Mills Drive as a public highway in the City of Kitchener. (By-law No. 2003-204) (e) Being a by-law to provide for the widening of part of Strasburg Road as a public highway in the City of Kitchener. (By-law No. 2003-205) NOVEMBER 24, 2003 (f) (g) (h) (i) d) (k) (m) (n) (o) (P) (q) COUNCIL MINUTES - 437 - CITY OF KITCHENER To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2003-206) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2003-207) 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. 2003-208) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 1, Registered Plan 58M-258 - Bridlewreath Street. (By-law No. 2003-209 Being a by-law to exempt certain lots from Part Lot Control - Lot 117, 119 and 120, Registered Plan 1773 - Schueller Street. (By-law No. 2003-210 Being a by-law to exempt certain lots from Part Lot Control - Lot 54, Registered Plan 58M-247 - Swartz Street. (By-law No. 2003-211) Being a by-law to exempt certain lots from Part Lot Control - Lot 26, Registered Plan 58M-247 - Cotton Grass Street. (By-law No. 2003-212) Being a by-law to provide for the establishing and laying out of part of Max Becker Drive as a public highway in the City of Kitchener. (By-law No. 2003-213) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to the Appointment of Staff. (By-law No. 2003-214) Being a by-law to repeal By-law No. 2002-40 which amends Chapter 210, Cemeteries- Municipal, of the City of Kitchener Municipal Code and to repeal By-law No. 2002-78 which amends Chapter 213, Columbaria and Mausolea in Municipal Cemeteries of the City of Kitchener Municipal Code. (By-law No. 2003-215) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code respecting Cemeteries - Municipal. (By-law No. 2003-216) Being a by-law to amend Chapter 213 of the City of Kitchener Municipal Code respecting Columbaria and Mausolea in Municipal Cemeteries. (By-law No. 2003-217) COUNCIL MINUTES NOVEMBER 24, 2003 - 438 - (r) To confirm all actions and proceedings of the Council. CITY OF KITCHENER (By-law No. 2003-218) (s) Being a by-law to provide for the establishing and laying out of part of Old Chicopee Drive as a public highway in the City of Kitchener, (By-law No, 2003-219) (t) Being a by-law to provide for the establishing and laying out of part of Rush Meadow Street as a public highway in the City of Kitchener, (By-law No, 2003-220) (u) Being a by-law to provide for the establishing and laying out of part of Briarmeadow Drive as a public highway in the City of Kitchener, (By-law No, 2003-221) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:45 p.m. MAYOR CLERK COUNCIL MINUTES NOVEMBER 24, 2003 - 439 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (October 6, 2003 Meeting) - 1. That Council approve the balance of Municipal Plan Amendment Application MP 03/01/TC/LM (City Initiated Housekeeping Amendments) being an amendment to: A. Amend Map 5 - Land Use Plan By: (i) Designating the lands described as Part of Lot 20, Registered Plan 959, more particularly described as Part 1 on Reference Plan 58R-4836, municipally known as 55 Morgan Avenue, and Part of Lot 20, Registered Plan 959, municipally known as 63 Morgan Avenue as "Primary Node" instead of "Low Rise Residential" shown on the attached Schedule 'B', Land Use Plan. It is the opinion of this Committee that approval of this application is proper planning for the City. (Deferred and referred to the December 15, 2003 Council meeting for further consideration) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (November 17, 2003 Meeting) - 1. That an all-way stop control be installed at the intersection of Dixon Street at Eckert Street; and further, That the Uniform Traffic By-law be amended accordingly. 2. That on-street parking be prohibited at anytime on both sides of King Street East from Stirling Avenue to Ottawa Street North; and further, That the Uniform Traffic By-law be amended accordingly. 3. That an all-way stop control be installed at the intersection of Doon Mills Drive and Tilt Drive; and further, That the Uniform Traffic By-law be amended accordingly. 4. That the 'Permit Only Parking' program be implemented between 8:00am and 8:00pm on both sides of Glen Road between Pleasant Avenue and Rex Drive; and, That each single family household residing on Glen Road between Pleasant Avenue and Rex Drive be provided, on an annual basis, with two (2) Residential Visitor Parking Permits at no cost to the residents; and further, That the Uniform Traffic By-law be amended accordingly. 5. That an all-way stop control be installed at the intersection of Duke Street West and Wellington Street North; and further, That the Uniform Traffic By-law be amended accordingly. 6. That further consideration of Development and Technical Services Department reports DTS- 03-122, DTS-03-147 and DTS-03-172 pertaining to Zone Change Application ZC 96/30/P/JG and Subdivision Application 30T-96004 (381 Pioneer Tower Drive - JHS Properties Limited) be deferred to a future meeting of the Development and Technical Services Committee to allow for land appraisals to be completed. COUNCIL MINUTES NOVEMBER 24, 2003 - 440 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (November 17, 2003 Meeting - (Cont'd) That consideration of development applications submitted by DGF Investments Ltd. respecting Municipal Plan Amendment Application MP 02/08/H/BS and Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard and Block Line Road) be deferred and referred to the December 8, 2003 Development & Technical Services Committee meeting to allow traffic matters to be addressed. It is the opinion of this Committee that deferral of these applications is proper planning of the City. That Zone Change Application ZC 03/17/C/BT (207 Centennial Court -Wag 'n Train Inc. [Ms. Ellie Ross]) to change the zoning on the subject lands from General Industrial Zone (M-2) with Special Regulation Provision 31R to General Industrial Zone (M-2) with Special Regulation Provision 31R and Special Use Provision 322U, on lands legally described as Lot 8, Registered Plan 1698, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated November 17, 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. That Development and Technical Services Department report DTS-03-184 (Direct Detect Information Update) be received. 10. That the City waive it's normal procedure for the selection of consultants and retain Stantec Consulting Limited, as our Engineering Consultant to complete the design, supervision, and construction services for the Lyndale Subdivision - Grand River South pumping station at their upset fee of $433,000.00 plus G.S.T. 11. That Council agrees to accept the conveyance of lands legally described as Part Lot 34, German Company Tract, being Part 3, Plan 58R-6687 for parkland purposes and the lands described as Part 5 for road widening purposes in connection with Plans of Subdivision 30T- 01202 and 30T-01205 (Sunvest Development Corp.); and further, That the Mayor and Clerk be authorized to execute an agreement for the conveyance to be prepared to the satisfaction of the City Solicitor. 12. That no action be taken on the request of Mary Ann Wasilka to establish a working group to develop a planning tool to measure the impact of urban expansion on air quality. 13. That staff be directed to develop and post 'No Idling' signs outside City facilities, community centres, school zones and any other relevant sites. - and - That staff be directed to investigate the feasibility of incorporating into the City's Parking By- laws designated 'No Idling' zones within specified public areas and prepare a report for consideration at a future meeting of the Environmental Committee. COMMUNITY SERVICES COMMITTEE - That the request of the Resurrection Neighbourhood Association to become an affiliated Neighbourhood Association with the City of Kitchener be approved. That the City of Kitchener, in conjunction with the City of Waterloo and the KVV Sports Council, register and support a team of 24 athletes and 6 coaches to participate in the International Children's Games in Cleveland, Ohio, in 2004; and further, That the appropriate local minor sport groups be contacted and invited to participate on this team. COUNCIL MINUTES NOVEMBER 24, 2003 - 441 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (Cont'd) 3. That a public meeting to be hosted by St. Georges Forest Hill Anglican Church to receive input on a proposed cremation scattering ground on their property at 321 Fischer-Hallman Road be endorsed. 4. That the "Downtown Strategic Plan Volume II - The Framework" attached to Community Services Department report CSD-03-162, be endorsed in principle. That the move of the Faculty of Social Work, Wilfrid Laurier University, to the St. Jerome's Buildings be endorsed in principle; and, That the City approve funding of $20,000. to investigate the potential to assist Wilfrid Laurier University with the purchase and renovations of the St. Jerome's buildings, by assisting in a structural analysis of the buildings and business case development to determine the economic benefit of any investment; and further, That the City and Wilfrid Laurier University hold public information forums on the community opportunities provided by this initiative. That the investigation of growth opportunities with the University of Waterloo and other educational institutions in downtown Kitchener be endorsed in principle. FINANCE AND CORPORATE SERVICES COMMITTEE - That the City of Kitchener endorse the Residential Energy Efficiency Project (R.E.E.P.), as outlined in a letter dated September 26, 2003 from Mary Jane Patterson, Program Manager; and, That subject to consideration during the 2004 budget deliberations, R.E.E.P.'s request to the City for a financial contribution in 2004 in the amount of $20,000., be approved as part of the Environmental Committee operating budget; and, That as part of the 2004 budget deliberations respecting this matter, additional information be provided regarding the status of contributions from other partners; and further, That prior to consideration of an additional funding request in 2005 of $20,000., R.E.E.P. provide a report in October 2004 to the City's Environmental Committee and City Council, outlining results of the R.E.E.P. program to date. That the complaint filed under Section 20 of the Development Charges Act by Mr. John M. Alati, Davies Howe Partners, on behalf of his client 1090504 Ontario Limited, be dismissed and the development charges as calculated and collected for the development of 100 Washburn Drive in the City of Kitchener be confirmed as correct; and further, That the Development Charges By-law Team be directed to include for consideration in the Development Charges By-law review, the definition of 'existing industrial building'. That section 1.1 of Chapter 95 (Board & Committee - Public Library Board) of the Municipal Code be repealed and replaced with the following: "The complement of the Kitchener Public Library Board is hereby established as being eleven (11) members, said members to be appointed by the Council of the City pursuant to the provisions of the Public Libraries Act 1990, c. P 44." That the request of the Macedonian-Canadian Community of Cambridge, Kitchener-Waterloo and Guelph to operate bingos in the City of Kitchener (Corporate Services Department report CRPS-03-199), be deferred and referred for consideration at the December 15, 2003 Council meetinq, to allow staff to provide additional information and to obtain input from Kitchener Charities Bingo Association and the Concourse Bingo Association respecting availability of time slots in Kitchener bingo halls, and/or the need to expand, to accommodate this group's request; and further, COUNCIL MINUTES NOVEMBER 24, 2003 - 442 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. CITY OF KITCHENER (Cont'd) That the Macedonian-Canadian Community of Cambridge, Kitchener-Waterloo and Guelph be encouraged to make application for permission to operate in the Cambridge bingo hall. (Dealt with under Delegations and Carried, as Amended) That Corporate Services Department report CRPS-03-116 (City Hall Artifacts) be received as information. That an application from Mr. Isidor Weisz for a "Grant-in Lieu of Building Permit Fee" and a "Tax Rebate" in the combined amount of $2,524.16 under the Downtown Financial Incentives Program, be approved, respecting extensive renovations to his property at 206-208 King Street East (former burned-out Athenian restaurant). That the spay/neuter pilot program with the Kitchener-Waterloo and North Waterloo Humane Society continue for a further three years, subject to the successful negotiation of a new contract satisfactory to Council; and, That an Animal Services Contract Negotiation Committee be formed with the City of Waterloo to negotiate a three year spay/neuter contract with the Humane Society, said Committee to be comprised of City staff from Legal and Financial Services; and further, That the above Animal Services Contract Negotiation Committee negotiate a three year General Contract for Animal Services with the Humane Society, subject to Council's approval. (As Amended) NOVEMBER 24, 2003 COUNCIL MINUTES - 443 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER Enqineerinq Aqreement - Sunvest Developments It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Planning & Engineering Initiatives Ltd., regarding Westmeadow Subdivision, Stage 1,30T-01202." Doq Desiqnation Appeal Committee Decisions - Various It was resolved: "That the October 15, 2003 decision of the Dog Designation Appeal Committee regarding an appeal filed by Kris Porter, wherein the committee rescinds the Dangerous Dog designation, and substitutes the designation of Potentially Dangerous Dog, with conditions, be ratified and confirmed." - and - "That the October 15, 2003 decision of the Dog Designation Appeal Committee granting Donald Hector until January 1, 2004 to remove his Prohibited Dog from the City of Kitchener, be ratified and confirmed." "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS - 1. Licences i) Permanent Vendor It was resolved: "That a 2003 Permanent Vendor Licence be granted to Derek Stewart, to operate a business known as Mr. Video at #8A-450 Westheights Drive, Kitchener." ii) Adult Entertainment Parlour Attendant It was resolved: "That Rebecca Rae, employed at 4-808 Courtland Avenue East, Kitchener, (Taj Mahal) be granted a 2003 Adult Entertainment Parlour Attendant Licence." - and - "That Erin Groothuis, employed at 2271 Kingsway Drive, Kitchener, (Phoenix) be granted a 2003 Adult Entertainment Parlour Attendant Licence." - and - "That Shannon Makev, employed at 1412 Victoria Street North, Kitchener, (Ruby's) be granted a 2003 Adult Entertainment Parlour Attendant Licence." COUNCIL MINUTES NOVEMBER 24, 2003 - 444 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Various Tenders Dealt with under Delegations. 5. Surplus Land - Linkinq Fischer-Hallman Road and Larkspur Crescent Council was in receipt of Corporate Services Department report CRPS-03-200 (L. MacDonald), dated November 24, 2003, recommending the declaration of surplus lands. It was resolved: "That part of the Public Lane, between Lots 75 and 76, Registered Plan 1057, closed by By-law 2001-27, as amended by By-law 2001-168 (registered as Instrument Numbers 1487297 and 1512641 respectively) and designated as Parts 3 and 4 on Reference Plan 58R-12744, in Kitchener, be declared surplus to the City's needs; and, That Part 3 on Plan 58R-12744 be conveyed, for nominal consideration, to the registered owner of Lot 75, Registered Plan 1057, municipally addressed as 252 Fischer-Hallman Road; and that Part 4 on Plan 58R-12744 be conveyed, for nominal consideration, to the registered owner of Lot 76, Registered Plan 1057, municipally addressed as 244 Fischer-Hallman Road; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete these conveyances." 6. Surplus Land - Storm Water Manaqement Pond - 205-215 Victoria Street South Council was in receipt of Corporate Services Department report CRPS-03-205 (L. MacDonald), dated November 18, 2003, recommending the declaration of surplus lands. It was resolved: "That the City declare surplus to its needs Part 1, Plan 58R-5755 for the purposes of an access easement in favour of Dundas & First Centre Limited from Park Street to a storm water management pond located to the rear of lands municipally known as 205-215 Victoria Street South; and, That the City reconfirms its acceptance from Dundas & First Centre Limited of a dedication of parkland and an offer to sell an over-dedication of parkland consisting of approximately 8,220 square metres of land located at the rear of its property at 205-215 Victoria Street South, abutting Victoria Park, and described as Part of Part 1 on Reference Plan 58R-8043, for the sum of $10,000 plus reference plan costs associated with this transaction and an access easement to its storm water management pond; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete these conveyances." 7. Committee of Adiustment Decision Dealt with under Delegations. NOVEMBER 24, 2003 COUNCIL MINUTES - 445 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 8. CITY OF KITCHENER Encroachment Aqreement - I Kinq Street East (Canadian Imperial Bank of Commerce) Council was in receipt this date of Corporate Services Department report CRPS-03-208 (L. MacDonald), dated November 21, 2003, recommending execution of an encroachment agreement concerning the property at 1 King Street East. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with Canadian Imperial Bank of Commerce, the owner of the property municipally known as 1 King Street E., Kitchener to legalize the existence and maintenance of awnings and a flag mounted sign on the City's road allowance."