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HomeMy WebLinkAboutCouncil Minutes - 2000-04-10 SSPECIAL COUNCIL MINUTES APRIL 10, 2000 CITY OF KITCHENER A special meeting of City Council was held at 12:10 p.m. this date and Chaired by Mayor C. Zehr with the following members present: Councillors K. Taylor-Harrison, M. Yantzi, B. Vrbanovic, T. Galloway, C. Weylie, J. Haalboom, John Smola and G. Lorentz. Councillor J. Ziegler was in attendance for part of the meeting. 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. Council was in receipt of a report from G. Sosnoski, Deputy City Clerk, concerning revisions to the Charity Roster - Advance Funding Program recommending a reallocation of funds in response to the Alcohol and Gaming Commission of Ontario declaring several charities ineligible. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Council amend the roster of organizations eligible to receive funding under the Advance Funding Program (Ontario Lottery Corporation) by deleting reference to Family Awareness and Drug Education, Parents are People Too, Street Kids in Preventative Programs, and Youth Against Substance Abuse and the corresponding $1,000.00 amounts as these organizations have been declared ineligible by the Alcohol and Gaming Commission of Ontario; and further, That Council approve additional funding in the amount of $4,000.00 for the YMCA, with the Charity Roster to be amended accordingly." Carried. Mayor C. Zehr advised that there were two additional items for in-camera discussion this date, one relating to land acquisition, and the other involving solicitor-client privilege. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That an in-camera meeting of City Council be held immediately following this special meeting to consider a land acquisition matter, a labour relations matter and four matters subject to solicitor-client privilege." Carried. The meeting then recessed at 12:11 p.m. and re-convened at 5:50 p.m., Chaired by Mayor C. Zehr and with all members present. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That no action be taken at this time to authorize the execution of an encroachment agreement with the owner(s) of Felicity's to permit the use of eleven feet six inches (11'6"), more or less, of sidewalk directly in front of 215-219 King Street West, for the operation of a sidewalk patio for the 2000 season." Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That pursuant to Section 25.4.4 (e) of Chapter 25 (Council Procedure) of the Municipal Code, a recommendation of the Finance and Administration Committee concerning staffing requirements in the Building Division be added to the April 10, 2000, special Council meeting agenda for consideration." Carried Unanimously. Council then considered the April 10, 2000 recommendation of the Finance and Administration Committee involving staffing in the Building Division. SPECIAL COUNCIL MINUTES APRIL 10, 2000 - 196 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the two (2) existing temporary plan examination staff positions within the Building Division be made permanent; and further, That Council authorize the addition or termination of inspection and/or plan examination staff positions on the basis of activity levels of 150 permits per inspector per year and 250 permits per plan examiner per year." Carried. Council was in receipt of recommendations from the Environmental Committee meeting of April 6, 2000, as well as recommendations from the Economic Development Advisory Committee, all relating to the proposed Highway 7 expansion. The latter recommendations were outlined in Business and Planning Services Department report BPS 00/45 (G. Borovilos and B. Stanley). Council was also in receipt of correspondence in this regard from Mr. David Wake (April 7, 2000), Ministry of Transportation, and Emil Frind of Waterloo (April 6, 2000). Mr. B. Stanley provided background in regard to Council's previous consideration of the Highway 7 issue and referenced the earlier Council resolutions of December 14, 1998 and January 18,1999. The latter established Council's support for the new Highway 7 alignment within the City of Kitchener boundary. He also referred to the correspondence of Mr. David Wake, Ministry of Transportation, commenting on the April 6, 2000 Environmental Committee recommendations. The letter indicates that even with the implementation of demand management measures, the Ministry anticipates there will be an increase in automobile trips affecting Highway 7 in the order of 30% by the year 2016 which will require additional highway capacity. Mr. Wake's correspondence also indicates that the Ministry had discussions involving 525 Bridge Street East in 1994 and 1995, at which time the owner was well aware of the implications of the proposed alignment. The Brahmarishi Mission of Canada purchased the building three years after the first public notification that it would be required for highway purposes. Mr. B. Stanley advised that the Ministry of Transportation has reviewed the Environmental Assessment as previously requested by Council and is now seeking comment from the City. He noted that the Ministry will present a recommended alignment at a later date, at which time a formal Council resolution of response will be required. Councillor T. Galloway expressed concern that ratepayers are approaching Kitchener Council to express concerns, when if fact responsibility for the project rests with the Province, and local MPPs have not made themselves available to date to hear or address these concerns. Mayor C. Zehr noted that Council is on record as of January 18, 1999, as supporting the proposed alignment within the City of Kitchener boundaries, and that dealing with some of the recommendations of the Environment Committee in their present form would require a Notice of Motion to Reconsider. Mr. Paul Langan, Kitchener, appeared and suggested that Councillor Galloway is correct in questioning why Provincial elected officials are not involved in the public process. He offered the opinion that the Environmental Assessment and the proposed Highway 7 alignment are fundamentally flawed. He also noted that for approximately $25 million a combination of a widened version of the current Highway 7 and alternate forms of transportation could be implemented now, this being approximately ¼ of the estimated cost of the new alignment. Mr. Michael Parkinson appeared on behalf of the Waterloo Public Interest Research Group (WPIRG) and in support of the Environmental Committee recommendations advising that the organization does not support the north alignment of the new Highway 7 project from Kitchener to Guelph. Mr. Parkinson suggested there are better options than building a new expressway, and to date there has been no objective evaluation of the various transportation issues. He added that the cost of constructing a new alignment is high compared to that of widening the existing highway, and would have a significant environmental impact, as the lands involved have environmental designations by every level of government in Canada. He advised that there is a clear alternative in the form of SPECIAL COUNCIL MINUTES APRIL 10, 2000 - 197 - CITY OF KITCHENER widening the existing highway and investigation of demand side transportation management. Mr. Parkinson also noted that the proposed highway highlights a fundamental issue of democracy, as the public does not support the Ministry of Transportation proposal, with only 15-17% of Highway 7 commuters in favour of the Ministry proposal. Mr. Parkinson suggested that it would be difficult to support this highway on the basis of economic development benefits alone. Councillor John Smola questioned whether WPIRG had looked at any alternatives which would address the current traffic congestion and pollution problems pertaining to the traffic bottleneck which occurs on the bridge at the intersection of Lancaster and Bridge Streets. Mr. Parkinson did not present a specific alternative but indicated that letters will be written in respect to the air quality issue. Mayor C. Zehr questioned Mr. Parkinson as to WPIRG's position on the widening of Highway 7 along the current alignment, and he replied that the preference would be for widening as a short-term solution, with the possibility of considering a controlled access expressway at a future date. Mr. Luigi D'Agnillo, Waterloo, appeared and distributed the results of a survey of Highway 7 drivers conducted on April 4, 2000. Mr. D'Agnillo outlined the survey results, noting that approximately 70% of those questioned indicated they were regular commuters, 74% said they were aware of the Ministry's proposed alignment, and approximately 70% indicated support for a widening of the existing highway and the implementation of alternate transportation strategies. He further noted that only 15.6% of the drivers indicated they support a new expressway. Mr. D'Agnillo added that the results of this survey are similar to the two previous surveys conducted in 1999. He offered the opinion that widening the existing Highway 7 and exploring alternate transportation methods is the right thing to do and will be supported by the public. Councillor B. Vrbanovic inquired as to whether Mr. D'Agnillo has any position in respect to Kitchener's portion of the Highway 7 alignment, and he responded that the highway as proposed will result in more traffic on Bridge Street and an additional bridge structure will likely be required either at Highway 7 or the current location at Bridge Street. He indicated his personal preference for what he referred to as the "Vogel Plan", being an express route parallel to Victoria Street North previously identified by the engineering consultant. Ms. Judy Greenwood-Speers, Waterloo, appeared and identified herself as the Deputy Leader of the Green Party and a Registered Nurse. She pointed out that the highway issue is also a health issue relative to air quality and respiratory related illnesses. She also stressed the need to protect the areas water resources by not constructing a new highway over a recharge area. Ms. Greenwood- Speers offered the opinion that the proposed new highway is not economically viable and that a high- speed rail link would be a more cost-effective alternative. She encouraged Council to not support the new highway, which she characterized as a circa 1970's solution. Mr. Lawrence Bingeman, Kitchener, appeared on behalf of the Shirley Avenue Business Association and as the owner of Bingeman's and encouraged Council to be forward looking and support the new alignment in the interests of supporting business and the local economy. Mr. Bingeman suggested that the alternative, being a four-lane limited access highway involving the widening of the present Highway 7, is akin to retrofitting an old building and will result in increased costs. Councillor J. Haalboom enquired as to how the new highway alignment would benefit the Bingeman property, and Mr. Bingeman replied that it will allow for direct highway access, and will also provide a new access to Kitchener as a whole. He further elaborated that the proposed highway configuration is important to the businesses along Shirley Avenue and will also improve traffic movement from Waterloo and within Kitchener. Ms. Sheila Hultquist, Kitchener, appeared in opposition to the proposed new Highway 7 alignment. Ms. Hultquist suggested construction of the new highway would create a huge new expense, especially if the Province downloads costs to the municipalities; and will result in the loss of large tracts of recreational land; will disrupt wetlands and agriculture; and, will increase automobile use. She advised that she supports investigating alternate, more environmentally responsible transportation options, and if necessary, would support some form of widening. Mr. Chandrakant Kothari, Kitchener, appeared on behalf of the Brahmarishi Mission of Canada, which owns the Hindu temple at 525 Bridge Street East, a portion of the property falling within the area of the recommended Highway 7 alignment. Mr. Kothari advised that the property at 525 Bridge Street was purchased in 1996 as a permanent home for the Hindu temple, and marble deities have been SPECIAL COUNCIL MINUTES APRIL 10, 2000 - 198 - CITY OF KITCHENER installed, which Hindus believe cannot be removed once they have been installed. He advised that 400 members of the congregation have signed a petition opposing the proposed highway routing. Mr. Kothari suggested that even if the highway does not actually cross the Bridge Street property, its proximity will affect the temple. He stated that the congregation has not been approached by the Province and to date their letters have not been answered, noting that Kitchener Council is their only means of conveying their concerns to government officials. In response to a question from Councillor B. Vrbanovic, Mr. Kothari acknowledged that he is planning to speak with the local MPP. Mr. Garth Nelson, Waterloo, appeared as a Bridge Street property owner who would be affected by the proposed highway alignment, and in opposition to Clause 3 of the Environmental Committee report of this date which requests that an alternate alignment be investigated to avoid any impact on the Hindu temple at 525 Bridge Street East. Mr. Nelson noted that the further to the west the highway is constructed, the less impact there is on the river ecosystem and farmlands. He advised that he purchased his Bridge Street property in 1985, at which time he enquired of the Ministry as to where on the property he should construct his residence and business in order to avoid any problems involving a further highway alignment. Mr. Nelson suggested that the owners of the Hindu temple were told that the proposed highway alignment would affect their parking lot and several trees. He also noted that the majority of the highway would be constructed below grade, and as a result, the impact on adjacent properties would be minimized. He suggested that if there is a desire to reduce the impact on the temple, that the causeway portion of the highway could be extended. Mr. David Steffler, Kitchener, appeared and indicated his opposition to the proposed new highway alignment. He suggested that if highway congestion is a problem, there are many other long term alternatives which should be addressed and are more sustainable. Mr. Steffler further suggested that constructing a new highway for the benefit of a few, select businesses amounts to a massive public subsidy. Ms. Sherrie Gries, Kitchener, appeared and indicated her preference for widening the existing Highway 7 in conjunction with some form of alternative transportation. She suggested that the current Highway 7 configuration is safer than the type used on Highway 400. Mr. Hans Pottkamper, appeared in his capacity as Chair of Kitchener's Economic Development Advisory Committee (EDAC), and also as a Iongtime Bridgeport resident. He indicated his support and the support of the Committee for an improved Highway 7 connection between Guelph and Kitchener, as well as an improved connection within Kitchener. In regard to the issue of alternate transportation, Mr. Pottkamper suggested that Kitchener Council does not have the authority to create rail links and other alternate forms of transportation, and should instead focus on improving the highway link between Kitchener and Guelph. Councillor J. Ziegler left the meeting at this time. Mayor C. Zehr then reviewed the recommendations of the Environmental Committee and Economic Development Advisory Committee. Councillor Jake Smola put forward a motion, seconded by Councillor J. Haalboom, to adopt the recommendations of the Environmental Committee. Mayor C. Zehr noted that certain clauses in the Environmental Committee report are contrary to Council's earlier resolution of January 18, 1999 in which it supported the proposed Highway 7 alignment within the City of Kitchener boundaries. A brief discussion took place as to whether Council could waive the notice of motion required to reconsider its January 18, 1999 resolution, and they were advised that attendance from all members of council is required and Councillor J. Ziegler was no longer present. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That Clause 3 of the Environmental Committee report be amended to request that the Ministry of Transportation select a specific alignment that will avoid any impact on 525 Bridge Street East." Carried. SPECIAL COUNCIL MINUTES APRIL 10, 2000 - 199 - CITY OF KITCHENER Moved by Councillor Jake Smola Seconded by Councillor M. Yantzi "That Clause 2 of the Environmental Committee report be amended so as to delete the words '... rather than proceeding with the new Highway No. 7..'." Councillor John Smola suggested that Clause 2 is redundant as the Ministry has already looked at the issue of demand side transportation, and no alternatives have been put forward. Councillor Jake Smola responded that there is a lack of focus in the Province's consideration of alternative transportation options as they clearly support the construction of new highway infrastructure. On motion by Councillor Jake Smola, seconded by Councillor M. Yantzi the motion to amend Clause 2 of the Environmental Committee report was voted on and Carried. Moved by Councillor M. Yantzi Seconded by Councillor Jake Smola "That Clause 1 of the Environmental Committee report of this date be amended to reflect that in regard to that portion of Highway 7 from the Kitchener City boundary to Guelph, Council supports an alignment from the proposed river crossing to an improved highway along the existing Highway 7 alignment." Carried. The report of the Environmental Committee was then voted on, as amended, and recorded votes were requested for Clauses 1 and 3. Voted on Clause by Clause. Clause 1 - Lost on a tie vote. In Favour: Councillors J. Haalboom, B. Vrbanovic, Jake Smola, K. Taylor-Harrison and M. Yantzi. Contra: Mayor C. Zehr and Councillors John Smola, T. Galloway, G. Lorentz and C. Weylie. Councillor J. Ziegler was not in attendance during the vote. Clause 2 - Carried, as Amended. Clause 3 - Carried, as Amended. In Favour: Mayor C. Zehr and Councillors K. Taylor- Harrison, M. Yantzi, Jake Smola, B. Vrbanovic, J. Haalboom, T. Galloway and C. Weylie. Contra: Councillors John Smola and G. Lorentz Councillor J. Ziegler was not in attendance during the vote. Council did not vote on the recommendations of the Economic Development Advisory Committee. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake 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 2000-60 by the Clerk." Carried. SPECIAL COUNCIL MINUTES APRIL 10, 2000 - 200 - CITY OF KITCHENER On motion, the meeting adjourned at 8:35 p.m. MAYOR CLERK SPECIAL COUNCIL MINUTES APRIL 10, 2000 - 201 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRON MENTAL COM M ITTEE - That Council does not support the north alignment of the new Highway 7 project from the Kitchener City boundary to Guelph and instead supports an alignment from the proposed river crossing to an improved highway along the existing Highway 7 alignment. (Amended and Lost on a Tie Vote) That the Ministry of Transportation of Ontario consider alternative transportation modes and demand side transportation management as a means to reduce congestion and improve movement between Kitchener and Guelph, including investing funding and promoting such alternatives; and, That the City of Kitchener investigate ways in which it can promote and facilitate demand side transportation management along the Highway 7 corridor; and further, That the Ministry of Transportation of Ontario be requested to advise on the direct, operating and in-direct (i.e. health, etc.) costs of the proposed highway. (As Amended) That notwithstanding Council's motion of January 18, 1999, the City of Kitchener requests that the Ministry of Transportation of Ontario choose a specific alignment that will avoid any impact on the Brahmarishi Mission of Canada temple building located at 525 Bridge Street East, Kitchener. (As Amended)