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HomeMy WebLinkAboutCouncil Minutes - 2000-06-19COUNCIL MINUTES JUNE 19, 2000 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Miss Lisa Henkel of the King School of Vocal. Mayor C. Zehr extended thanks for presenting her rendition of the National Anthem and Councillor B. Vrbanovic also expressed sincere appreciation to Mrs. Sue King for her continued assistance in providing students to sing the National Anthem prior to City Council meetings. On motion by Councillor C. Weylie, the minutes of the regular meeting held June 5, 2000, and special meetings held June 5 and 12, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Councillor J. Ziegler referred to Proposal P00-058 for playground equipment noting that it was being partly awarded to Belair Recreational Products Inc. even though their price was slightly higher than their competitor. Mr. Gordon advised that it was the view of the evaluation committee that the 'playability' factor of the Belair equipment was somewhat better than the competitors. Further he noted that the equipment would be installed by August 1, 2000. Councillor B. Vrbanovic requested that if recommendations relative to other playgrounds were ready, that staff bring them to the June 26, 2000 special Council meeting for consideration. In response to Councillor K. Taylor-Harrison regarding Quotation 'Q00-112' for property repairs, Mr. Gordon advised that the affected parties would be notified immediately of Council approval and that work could start within a week. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Proposal P00-058, Playground Equipment - Supply and Install, be awarded as follows: Springmount Park to Belair Recreational Products Inc., Brantford at their proposed price of $30,000., plus G.S.T.; and, Caryndale Park, Settlers Grove Park and Dinison Park to Little Tikes Commercial Play Systems Canada Inc., Paris at their proposed prices of $15,722., $12,871.40 and $10,504.80 respectively." - and - "That Quotation Q00-112, Property Repairs, be awarded to PM Contracting, Kitchener for five properties and Robert Bastian Contracting ,Kitchener for one property at their respective quoted prices of $61,115. and $1,870., plus GST." Carried. Ms. Peggy Nicholls, Health Promotions Co-ordinator, Kitchener Downtown Community Health Centre (KDCHC), appeared as a delegation to extend appreciation for the City's responsiveness to suggestions made by the 'Growing Up Downtown Working Group' of the KDCHC during a Child and Family Friendliness Audit of City Hall undertaken in April, 1999. Ms. Michelle Daff-McCracken of the Growing Up Downtown Working Group also appeared as a delegation and circulated a copy of the audit to Council. Attached to the audit document was 'Table 1 - Summary of Child and Family Friendliness Audit of Kitchener City Hall Public Areas' and 'Table 2 -Suggested Actions to Improve Child and Family Friendliness of Kitchener City Hall'. It was noted that the audit addressed short- term public use of City Hall facilities and she highlighted positive and negative features that were identified. She also noted that there was a deficiency of public facilities within the Downtown and in Victoria Park for children. In summary, she asked that the City take a leadership role in this matter and Mayor C. Zehr advised that the audit would be referred to the Community Services Department for consideration of the suggested improvements. COUNCIL MINUTES JUNE 19, 2000 - 310 - CITY OF KITCHENER Ms. Anne Menon, Associate City Solicitor, was in attendance to respond to any questions regarding Clause 5 of the Community Services Committee report dealing with amendments to Municipal Code Chapter 739 (Fireworks and Firecrackers). She confirmed that the reference to childcare facility was now contained in the proposed by-law listed on the agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Clause 5 of the Community Services Committee report be adopted and the by-law listed on the agenda as item 9(f) and 12(f) receive three readings this date." Carried. Mr. Timothy Berg, AMSOIL Synthetic Lubricants, appeared as a delegation in support of his June 12, 2000 correspondence attached to the agenda and advised that his purpose was to seek amendments to tender procedures in order that environmental issues become foremost in conduct of the City's business. He referred to the five points contained in his correspondence and circulated a folder of information relative to synthetic products and their benefits. In summary, he asked that those companies dealing in synthetic products and promoting reduction, re-use, recycling and responsible disposal initiatives be given an equal footing within tender processes. Councillor J. Ziegler suggested the matter be referred to staff and by general consent, it was agreed Mr. Berg's request be referred to Messrs. L. Gordon and C. Pomeroy for consideration. Mr. & Mrs. S. Grainger appeared as a delegation to request approval of their plans to distribute food to needy individuals within the Downtown. The delegation advised that their purpose was to reach out as a street ministry to these individuals and noted that the ministry formed part of a general ministry operating out of the International Gospel Centre (IGC). It was emphasized that their purpose was not to take in members on behalf of the IGC. Ms. Grainger pointed out that some preliminary discussions had taken place with staff and they were looking for approvals in respect to location and type of food from the City and from Regional Health. Mayor C. Zehr requested that they meet with licensing staff to finalize details which subsequently could be presented to Council. Messrs. Mel Code and Steve Grant were each registered as delegations to address Council on Clause 2 of the Planning and Economic Development Committee report dealing with the proposed zone change for 3040 Old Mill Road. Prior to the delegations being heard, Mr. G. Richardson made a staff presentation in this regard. He noted that the re-zoning application was deferred at the June 12, 2000 Planning and Economic Development Committee meeting to allow the area residents to be notified and to be brought up-to- date on the proposed development as outlined in report BPS-00-074, dated June 8, 2000, prepared as an addendum to the original staff report. He noted that an additional addendum report BPS-00- 079, dated June 15, 2000, had been circulated to City Council and contained revised recommendations pertaining to a heritage easement issue and traffic issues as well as a revised by- law dated June 15, 2000. He asked that Council consider a new by-law that has been further revised slightly in place of the proposed by-law dated June 15, 2000. He distributed a copy of this latest revised by-law and asked that a minor change be made to Clause 4(e) of the June 19, 2000 proposed by-law so as to add the words 'and no less than 3 metres thereafter' at the end of the clause. Finally, he noted that Council would be asked to approve execution of a Settlement Agreement as part of the approval of the proposed zone change. Mr. Mel Code appeared as a delegation on behalf of Janet Kunsch and John Kinzie, the applicants of Zone Change Application ZC 99/8/O/GR pertaining to 3040 Old Mill Road. He advised that his clients are in agreement with the recommendations of staff, the newly revised by-law and the proposed Settlement Agreement. He did note that there was one matter of concern in that Larry and Lorna Hundt who reside next to the subject property have not signed the agreement. Mr. Steve Grant, Madorin Snyder, appeared as a delegation representing a number of area residents in regard to the proposed zone change at 3040 Old Mill Road. He commented that the staff recommendations, the proposed by-law and the proposed Settlement Agreement were all inter- related and there was now general acceptance. He indicated that there was a concern on the part of Mr. L. Hundt on the matter of transition of land use from his single family dwelling to a multiple use now to be located next to his property. Mr. Grant advised that the Hundts wish to ensure that an COUNCIL MINUTES JUNE 19, 2000 - 311 - CITY OF KITCHENER appropriate visual barrier was put in place in accordance with City regulations. In reference to the Settlement Agreement, he asked that Council pass a resolution authorizing the Mayor and Clerk to execute the agreement. Mr. Grant then referred to Recommendation 5 of report BPS-00-079 and asked that it be revised to provide that the traffic review be completed within eight months. He also asked that Council consider adding a sixth recommendation to require that a study of the student housing issue be undertaken for completion within eight months. In response to Councillor C. Weylie, Mr. B. Stanley advised that since December 1999 various representatives have been meeting as a task force on student housing issues of concern that affect the universities and community college campuses within Kitchener/Waterloo and that the task force would be reporting on their findings. Mr. Larry Hundt appeared as a delegation and commented on the many problems the neighbourhood has experienced as a result of development particularly those related to traffic and student housing issues. In reference to the proposed development, he commented that it was his view the applicant was focused on achieving as high a density as possible and maximum profits arising therefrom and that, at this point, he did not have assurances from the applicant that as a neighbouring property owner, reasonable screening of the boundary line would be provided. In response to questions, he advised that he preferred coniferous plantings rather than a solid fence along the boundary. Councillor J. Haalboom questioned how Council could be assured that appropriate screening would be done. Ms. C. Ladd advised that the Zoning By-law requires a visual barrier and one will be provided to meet that regulation. She noted that the Settlement Agreement requires the barrier to be installed after completion of area grading and that staff were keeping options open regarding the screening because they have not approved a final site plan. Ms. Ladd emphasized that staff will be exercising all effort to address the concerns that have been expressed in regard to development of the buffer strip. Further comments were made in regard to preservation of the historic house on the subject lands, maintenance of the remnant alignment of Old Mill Road within the development, the development being one of bungalows, traffic issues, tree saving requirements, preference for a landscape buffer adjacent to the Hundt property and a need to pro-actively work with Conestoga College to obtain additional student housing accommodation in appropriate locations. In response to Councillor J. Haalboom, Ms. C. Ladd advised that she would provide Council with an update report on the outcome of the latest meeting of the task force on student housing. Moved by Councillor C. Weylie Seconded by Councillor J. Haalboom "That the staff recommendation listed as Clause 2 of the Planning and Economic Development Committee report be deleted and replaced with the recommendations as outlined in Addendum report BPS-00-079, subject to further changes so as to include the by-law dated June 19, 2000, circulated this date, as revised, to add the words 'and no less than 3 metres thereafter' at the end of Clause 4(e) of the proposed by-law, addition at the end of Recommendation 5 to provide that the traffic review be completed within eight months and addition of a Recommendation 6 authorizing the Mayor and Clerk to execute an Agreement of Settlement." Carried. Mr. Dean Peachey appeared as a delegation in support of his mediation report dated June 19, 2000 on the Raylene Drive/50 Westmount Road West matter pursuant to Council's May 8, 2000 resolution. He summarized the findings of his report and noted that there was no agreement on any of the options considered. Mr. Peachey referred to the Terms of Reference attached to his mediation report and advised that two meetings of approximately 3 ¼ hours each had been held with the groups as well as individual meetings. He then reviewed the options that had been considered and presented the two different options preferred by each group with the Hearth Crescent residents preferring a concrete barrier wall and the 50 Westmount Road West residents preferring a concrete barrier wall with an opening for a locked gate and appropriate signage being provided. He noted that the gate proposal was an attempt to deal with the transient traffic that was utilizing this shortcut but that the proposal did not solve all of the problems. Mr. Peachey responded to a number of questions posed by Council dealing with the mediation process and the issues of concern to all residents, Council discussed how this matter should be dealt with at this stage as to possible alternatives. Councillor T. Galloway maintained that when Council voted to re-consider its earlier motion, it did so only to allow an opportunity for a mediator to resolve COUNCIL MINUTES JUNE 19, 2000 - 312 - CITY OF KITCHENER the problem. He indicated that Council had agreed that if this approach was unsuccessful, its earlier decision to erect a wall would be re-introduced. Mr. Carl Thiele appeared as a delegation and advised that he did not intend to make a presentation but would answer questions regarding the Raylene Drive matter. He then responded to several questions dealing with the locked gate suggestion, parking and safety issues, lighting, ownership/rental dynamics and the problems brought about for the residents of 50 Westmount Road West by the manner in which the owner manages and maintains the property. Ms. Tien Huntley appeared as a delegation and advised that she was one of the three representatives from 50 Westmount Road West on the mediation working group. She indicated that she had previously not participated in the original discussion several months ago regarding this matter and stated that while they raised a lot of issues during the meditation, all of their suggestions were dismissed by the Raylene Drive representatives. She commented that if there was a wall children would find a way to climb over it and stated that she had no problem with the parking situation at 50 Westmount Road West. She then responded to a number of questions from members of Council concerning the wall and the suggested opening, the mediation process and the effort made by the three representatives from the townhouse complex who were much more neutral on the point of conflict than other residents living there. Ms. Lee Daqa appeared as a delegation as a resident of 50 Westmount Road West and advised that she was again on a hunger strike because of the anguish caused by this neighbourhood conflict. She provided comment on matters of privacy, safety, implementation of Neighbourhood Watch and the unacceptability of a barrier wall. Mr. Lloyd Ertel appeared as a delegation further to his previous appearances on the Raylene Drive matter and indicated that he supported the option put forward by Mr. Peachey of a wall with an opening for a Iockable gate. He reiterated concerns expressed at previous meetings with respect to dark portions of the existing walkway and resultant impact. Mayor C. Zehr then read Council's February 14, 2000 resolution concerning the Raylene Drive wall and indicated the matter was now open for reconsideration. Councillor M. Yantzi proposed a motion to provide for construction of a barrier with a limited access gate. He noted that it would be necessary to address other issues related to this proposed solution. Council entered into a lengthy discussion of Councillor M. Yantzi's proposed motion. Councillor T. Galloway maintained that a gate solution was one that was fraught with problems. Councillor B. Vrbanovic questioned if the owner of 50 Westmount Road West was aware that this matter was being dealt with by Council and Mr. Harjat Mangit, property manager, advised in the affirmative and proposed that the issue of the gate be dealt with by the owner. Councillor Vrbanovic commented that the motion proposed by Councillor Yantzi was not an ideal solution but in his view was the best one. He stated that he was very displeased that the owner of the property had chosen not to be in attendance at the meeting. Councillor J. Ziegler supported building a barrier with an opening and suggested that it would make residents realize the seriousness of the issue and that the gate could be removed and filled in if the gate solution was unworkable. A motion by Councillor J. Ziegler that the barrier be constructed with a wrought-iron gate along with appropriate lighting on the basis of a one-year trial period was not considered as it failed to receive a seconder to the motion. Further discussion took place and it was requested that staff provide an update at the July 4, 2000 Council meeting on the following: material of the barrier; functionality of the gate; the need for more dialogue to take place between resident groups with assistance from Mr. Dean Peachey; and, safety issues. Moved by Councillor M. Yantzi Seconded by Councillor Jake Smola "That the roadway known as Raylene Drive remain open; and, That a permanent barrier, with a controlled access gate to 50 Westmount Road West, be erected from the corner of the property at 115 Hearth Crescent to the corner of the property at 60 Westmount Road West; and, COUNCIL MINUTES JUNE 19, 2000 - 313 - CITY OF KITCHENER That the access gate remain locked at all times; and, That staff prepare a report outlining any problems of this barrier / Iockable access gate solution for review by Council 1 year after the completion of the barrier; and further, That the City dispose of the remnant parcels of land remaining from the closure of Filsinger Road in this area to abutting owners." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, K. Taylor-Harrison, J. Ziegler, M. Yantzi and Jake Smola. Contra: Councillors John Smola, J. Haalboom, T. Galloway, G. Lorentz and C. Weylie. Motion Carried. Councillor B. Vrbanovic suggested that direction be given to staff to report in two weeks at the July 4, 2000 Council meeting on outstanding issues relating to the decision that has been made with regard to a barrier and controlled access solution to Raylene Drive. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That staff be directed to undertake the following with respect to the barrier and controlled access gate at Raylene Drive / 50 Westmount Road West and report to City Council at its July 4, 2000 meeting: 1. Develop options as to material of the barrier considering long term durability. 2. Develop recommendations pertaining to appearance, functionality and operation of the barrier's Iockable gate. 3. Meet with the Raylene Drive / 50 Westmount Road West residents to encourage more dialogue between the residents with assistance as required from Mr. Dean Peachey. 4. Consider vehicular regulations on Raylene Drive prohibiting stopping and parking 24 hours per day year round. Consult with J. Dean and a representative of the Waterloo Regional Police for input on safety issues including lighting and utilize 'Crime Prevention through Environmental Design' principles. Contact Dr. Rao, owner of 50 Westmount Road West, to request that he rectify deficiencies in the amenities of this multiple unit residential development that would typically be available in similar housing." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, K. Taylor-Harrison, T. Galloway, M. Yantzi and Jake Smola. Contra: Councillors John Smola, J. Haalboom, J. Ziegler, G. Lorentz and C. Weylie. Motion Carried Mr. Peachey recommended that if Council was faced with similar problems in future, that an attempt be made to get the affected parties involved together in discussion at the earliest possible opportunity. JUNE 19, 2000 COUNCIL MINUTES - 314 - CITY OF KITCHENER Councillor B. Vrbanovic requested that Mayor C. Zehr and Councillor M. Yantzi draft a letter to residents of Raylene Drive, Hearth Crescent and 50 Westmount Road West explaining the decision made by Council on the barrier and controlled access gate solution. Councillor T. Galloway commented that in his view the decision that Council made on this matter confirms a legal access for 50 Westmount Road West and questioned why City taxpayers should fund the cost of the barrier as the sole benefit was to the owner of the townhouse complex at 50 Westmount Road West. Alternatively, he recommended that there should be a contribution to the cost of the barrier from the owner. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee be adopted." Voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee be adopted." Councillor John Smola reiterated the basis of his opposition to Clause 8 as recorded in the June 19, 2000 Community Services Committee minutes. He emphasized that Council had cut back the staff complement at Fire Station No. 2 and there was a risk factor to this decision involving much more than the Bridgeport area. Councillor Jake Smola also stated that he had a serious concern with the reduced service level at Station No. 2. The report was then voted on Clause by Clause. Clause 5 - Dealt with under Delegations and Carried. Clause 8 - Carried. Balance of report - Carried. For the record, Councillor John Smola requested that his opposition to Clause 8 be recorded. Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "That the report of the Environmental Committee be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee be adopted." Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Carried. Carried. COUNCIL MINUTES JUNE 19, 2000 - 315 - CITY OF KITCHENER Councillor J. Ziegler questioned a memorandum Council received from Mr. D. Paterson concerning the November 13, 2000 Municipal Election and the necessity to shift the Remembrance Day staff holiday to the preceding Friday. Mr. R.W. Pritchard provided explanation in this regard and Mr. J. Gazzola advised that the change would now be put in place. Councillor Ziegler also referred to a letter from the School Council of St. Aloysius School dealing with the issue of stop signs at the intersection of Traynor Avenue and Connaught Street which should be re-directed to Traffic staff. Councillor J. Haalboom elaborated on the following changes to the Mayor's Advisory Council for Kitchener Seniors: Floyd Moore - Chair, Ed Black - First Vice-Chair, Elizabeth Templin - Second Vice-Chair and Eric Bow - new Member. Councillor Haalboom also commented on the Peter J. Marshall Innovative Awards and encouraged the Public Works Department to make a submission respecting the City's innovations and procedures respecting road salt application. Councillor John Smola referred to a request by Mr. Z. Wilk to operate a hotdog cart at 169 Riverbend Drive and questioned if enforcement of the Zoning By-law could be waived to allow operation. Mr. B. Stanley noted that a similar request had been dealt with 1 ¼ months ago and suggested that enforcement could be waived in view of the intent with regard to the five-year Municipal Plan Review. Moved by Councillor John Smola Seconded by Councillor J. Ziegler "That City Council waive enforcement of the provisions of the M-4 Zone with respect to permitting the location of a hotdog cart at 169 Riverbend Drive, operated by Zbigniew Wilk, pending consideration of the matter of restaurants in Business Park and Industrial Areas as part of the 5-year Municipal Plan Review scheduled to be completed in the fall of 2001." Carried. Councillor C. Weylie referred to a situation involving a resident whom she had directed to the Department of Corporate Services and the City Clerk to file a claim. Mr. R.W. Pritchard explained that staff encourage any claimant to submit their request in writing within 7 days of an occurrence regardless of whether or not full details are available at that point in time. Mr. R.W. Pritchard advised that the Legislature had given third reading to Bill 62 respecting the November, 2000 municipal elections involving the new 6-Ward system for the City of Kitchener. He advised that the suggested names for the six Wards have been conveyed to the Ministry for inclusion in the regulations arising from the contents of Bill 62. Mayor C. Zehr asked that the Council take a position on supporting two models of those considered within the Waterloo Region local restructuring discussions. A brief discussion took place. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the Council of the City of Kitchener advise the municipalities in Waterloo Region that for purposes of further discussions of local restructuring, it supports a 'One City model' and a 'Rationalized Two-Tier model' with no preference for either model." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors K. Taylor- Harrison, M. Yantzi, B. Vrbanovic, J. Haalboom, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Contra: Councillors John Smola and Jake Smola. Motion Carried. JUNE 19, 2000 COUNCIL MINUTES - 316 - CITY OF KITCHENER Councillor G. Lorentz suggested a motion that a clearly worded question be placed on the ballot for the 2000 municipal election requesting voters to indicate which of the two restructuring models they preferred. On motion by Councillor J. Ziegler, it was agreed to defer discussion of this referendum question to the June 26, 2000 Finance and Administration Committee meeting. Mr. R.W. Pritchard pointed out that under Bill 62, Council could not add a referendum question to the municipal election ballot within 180 days of the election date. However, for purposes of this election, he noted that the Minister of Municipal Affairs can issue regulations which may allow for placement of a question on the November, 2000 municipal election ballot. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Article 4.11 of Chapter 25 (Council Procedure) of the Municipal Code be waived and the termination time of the Council meeting this date be extended to 12:20 a.m. Carried Unanimously. Prior to consideration of the by-laws, Council consented to a request from Mr. R.W. Pritchard to add an additional by-law to the agenda for three readings dealing with the approval given this date to the zone change at 3040 Old Mill Road. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (e) Being a by-law to amend By-law 73-90 to authorize participation in the Ontario Municipal Employees Retirement System. (f) Being a by-law to amend Chapter 739 of the City of Kitchener Municipal Code with respect to Fireworks and Firecrackers. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener- J. Kunsch and J. Kinzie - Old Mill Road. 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. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. JUNE 19, 2000 COUNCIL MINUTES - 317 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "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." Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) Carried. To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2000-98) 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. 2000-99) 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. 2000-100) 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 oermits in respect thereof. (By-law No. 2000-101 ) authorize participation in the Ontario Being a by-law to amend By-law 73-90 to Municipal Employees Retirement System. (By-law No. 2000-102) Being a by-law to amend Chapter 739 of the City of Kitchener Municipal Code with respect to Fireworks and Firecrackers. (By-law No. 2000-103) To confirm all actions and proceedings of the Council. (By-law No. 2000-104) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener- J. Kunsch and J. Kinzie - Old Mill Road. (By-law No. 2000-105) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. JUNE 19, 2000 COUNCIL MINUTES - 318 - CITY OF KITCHENER MAYOR CLERK JUNE 19, 2000 COUNCIL MINUTES - 319 - CITY OF KITCHENER PLAN 1. REPORTS ADOPTED BY COUNCIL NING & ECONOMIC DEVELOPMENT COMMITTEE - That Council accept Business and Planning Services staff report BPS-00-070 on vacancy rates for information and direct staff to make the document available to Canada Mortgage and Housing Corporation (C.M.H.C.), the Ministry of Municipal Affairs and Housing and those persons requesting information about the local housing market. 1) That Zone Change Application ZC 99/8/O/GR (3040 Old Mill Road - Janet Kunsch and John Kinzie) requesting a change in zoning from Residential Three Zone (R-3) and Residential Three Zone (R-3) with special regulation 1R to Residential Six Zone (R-6) with holding provision 41H, special use provision 279U and special regulation provision 330R and Residential Six Zone (R-6) with special regulation provision 1R, on lands legally described as Part of Lot 11, Beasley's Old Survey, be approved in the form shown in the attached "Proposed By-law" dated June 19, 2000, as revised to add the words 'and no less than 3 metres thereafter' at the end of Clause 4(e), without conditions. It is the opinion of this Council that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 2) At such time as the re-aligned portion of Old Mill Road has been completed and opened to the public, the Legal Department and the Corporate Services and City Clerk's Department be instructed to proceed with the formal closure of the portion of Old Mill Road adjacent the frontage of the subject lands, in a location as approved by the General Manager of Public Works, with all costs relating to advertising, land, survey, legal work and registration being the responsibility of the property owner, and further that suitable arrangements be made with appropriate authorities for the provision of easements over said portion of road to be closed, including any necessary easements across the owners lands. 3) Concurrently with the formal closure of that portion of Old Mill Road, a heritage easement shall be provided across the north side of the closed portion of Old Mill Road in order to protect, where practical and appropriate, existing vegetation for inclusion in the development, and in order to maintain a semblance of the historical alignment of the original road. 4) That the Lower Doon Secondary Plan be revised by adding a new policy after section 1.6 to permit multiple dwellings on lands municipally addressed as 3040 Old Mill Road as follows: Notwithstanding Section 1.6, multiple dwellings may be permitted on lands municipally addressed as 3040 Old Mill Road provided such dwellings are compatible in form and height with the Iow density character of the neighbourhood." 5) That the Department of Public Works be requested to review the overall traffic situation in Lower Doon in an effort to address some of the traffic concerns raised by local residents. Prior to undertaking such review, a report shall be presented to the Public Works Committee on the scope and requirements of said review, which should be completed within 8 months. 6) That the Mayor and Clerk be authorized to execute an Agreement of Settlement dated June 19, 2000, associated with the development proposed through Zone Change Application ZC 99/8/O/GR. (Dealt with under Delegations and Carried as Amended) That Business and Planning Services staff report BPS-00-075 (Status Report on the Commercial Policy Review Study - Implementation Strategy) be received for information. That all current enforcement actions related to existing commercial parking facilities in the Civic Center Neighbourhood be waived until such time as an independent review of this land JUNE 19, 2000 COUNCIL MINUTES - 320 - CITY OF KITCHENER PLAN 4. REPORTS ADOPTED BY COUNCIL NING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) (Cont'd) use is completed as expeditiously as possible and a resolution of this issue is determined by City Council. That the Department of Business and Planning Services be directed to commence the legislated 5 year review of the City's Municipal Plan with the expected completion date to be fall of 2001. That City Council advise the Regional Council that it supports the protection of Region's water resources; and That City Council supports the restriction of the designation of lands to allow new, non- residential land uses in high sensitivity areas where the risk of impact to groundwater is the greatest and in this regard support an amendment to the Regional Official Policies Plan to introduce policies restricting the designation of lands accordingly; and further, That City Council request the Region defer adoption of an amendment to the Regional Official Policies Plan to restrict existing non-residential land uses in existing non-residential areas until such time as implementation strategies have been considered in more detail. That Business and Planning Services staff report BPS-00-077 (Enforcement Procedures for Long Grass and Weeds) be received as information. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener provide a $100,000. loan to K-W Oktoberfest Inc. for a castle facade for Hans Haus, 217 Benton Street, from the Community Assistance Loan Plan, repayable over a 4 year period commencing January 1, 2001 at $25,000. per year or 50% of the Oktoberfest surplus, whichever is greater; and further, That the Mayor and Clerk be authorized to execute a loan agreement satisfactory to the City Solicitor. That year 1 operating funds approved for the Glass Studio in 2000 in the amount of $26,000. be re-allocated as outlined in Community Services staff report CSD-00-033 as follows: a total of $21,200. be used to fund KOR for a 4 month period up to $4,000. be used to complete a business case on the potential for a Glass Studio; and further, That the full 3 year operating budget for the Glass Studio remain in tact and be forwarded by one year if a decision is made to proceed with the Glass Studio. That the request to centre one upright memorial over Lots 13 and 14 in the Children's Section at Williamsburg Cemetery be granted and that this request be approved as an exemption to the Cemeteries By-law- Municipal Code Chapter 210. That a grant be approved in the amount of $2,000. for the 2000 National Junior Baseball Championship in accordance with City Council's July 2, 1996 resolution. That the draft by-law, considered by the Community Service Committee on June 12, 2000, to amend Municipal Code Chapter 739 (Fireworks and Firecrackers) be revised to provide for an exemption provision as in the existing by-law and inclusion of 'child care facility' in the list of uses pertaining to the 500 foot distance requirement; and further, JUNE 19, 2000 COUNCIL MINUTES - 321 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That the revised draft by-law be circulated to City Council for consideration at its June 19, 2000 meeting and subject to the content being satisfactory, it be added to the Council Agenda for 3 readings. (Dealt with under Delegations and Carried.) That an outdoor market be established to operate each Wednesday from June through mid- October on Frederick Street; and further, That funding to an upset limit of $23,500. be approved as an over-expenditure in the Kitchener Farmers' Market operating budget to operate and promote the Wednesday Outdoor Market for the year 2000. That the new logo for the Kitchener Memorial Auditorium Complex, attached to Community Services staff report CSD-00-040, be endorsed. That the following be approved with respect to the 1995 Fire Station Location Study Staffing Review: 1) That Council endorse the level of response staff presently in place. 2) That the Fire Chief continue to monitor and review staffing levels as related to statistical experience and increased demands as a result of future development and report back to the Committee Services Committee 4 months after the opening of Fire Station #3. 3) That an Automatic Aid Agreement be negotiated with the City of Waterloo to best support protection for both municipalities. 4) That the Fire Department continue to analyze response capabilities utilizing simulated models through GIS. That the City of Kitchener accept the offer of Dieter Stoll for the seasonal rental of Parts 1 & 2, Plan 67R-1686, in the City of Cambridge for the purposes of growing a crop of summer wheat for the fee of $1,050. + GST; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor. ENVIRON MENTAL COM M ITTEE - That as part of the current project being undertaken by Brickworks Communications Inc. to re- design the City's Home Page, staff be directed to develop appropriate information for inclusion under the Environmental Committee's location within the Home Page with respect to the 3 environmental groups currently supported by the City, being The GROUP, R.E.E.P. and the Citizens Advisory Committee on Air Quality; and further, That any additional requests for inclusion on the City's Home Page by other environmental groups be referred to the Environmental Committee for consideration and recommendation. That Council be advised the Environmental Committee intends to review recommendations contained in a Federal Government Environmental Study known as the "Caccia Report" which proposes a 5 year phasing-in of a ban on residential use of pesticides, together with a Private Members Bill (Marlene Jennings) C-388, at its meeting to be held on September 7, 2000; and further, That all members of Council who may have an interest in this matter be invited to join in the Environmental Committee's discussion on September 7th. JUNE 19, 2000 COUNCIL MINUTES - 322 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - (CONT'D) That the Environmental Committee sponsor a Keynote Speaker at the 'River Rendezvous 2000' event to be held at Bingeman Park, Kitchener on June 23 to 25, 2000, in the amount of $1,000.00 to be funded from the Capital Budget - Community Environment Stewardship Fund. That Mr. Hussein Alsafouti be appointed as a representative of the Environmental Committee to the Citizens Advisory Committee on Air Quality for a term expiring on November 30, 2000; and further, That no additional appointment of a member of Kitchener City Council be made to the Citizens Advisory Committee on Air Quality. FINANCE AND ADMINISTRATION COMMITTEE - That City Council consider a by-law at its June 19, 2000 meeting authorizing repairs to 57-55 Schueller Street, 39 Inge Court, 3, 35 & 75 Marisa Street as set out by the Property Standards orders, and at the owner's expense, if this has not been done by the owner on or before June 19, 2000. That By-law 73-90 be amended to provide for normal retirement age 65 for the Fire Chief and Deputy Fire Chief. That Council approve an application from Manulife for a 'Grant-in-Lieu of Building Permit Fee', in the amount of $12,420 under the Downtown Financial Incentive Program for renovations to the King Centre, 25 Water Street South. That the City of Kitchener's Banking Services be awarded to the Canadian Imperial Bank of Commerce (CIBC) for a period of three (3) years from October 1, 2000 to September 30, 20003; and further, That the Mayor and Clerk be authorized to execute the necessary agreement. That consideration of the staff recommendation that no action be taken at this time with respect to the creation of a Dangerous Dog Registry pending action by the Province on creation of a central Registry of Violent Dogs and an amendment to the Dog Owner's Liability Act be deferred and referred to the June 26, 2000 Finance and Administration Committee meeting. That the City Solicitor be directed to provide set fine amounts and short form wording for Zoning By-law 85-1, for consideration by Council at its meeting of August 28, 2000; and, That the City Solicitor be directed to provide set fine amounts and short form wording for applicable Municipal Code Chapters, including Chapter 408 (Animals - Regulation) and the Licensing Chapters, as re-enacted from time to time under Bill 26, for consideration by Council at its meeting of August 28, 2000; and further, That the City Solicitor be directed to provide an increase in the set fine amounts of the Municipal Code Chapter 530 (Dogs), for consideration by Council at its meeting of July 4, 2000. That the proposed Fee Structure - City Hall Rentals (Appendix 1) and Extra Fee Categories (Appendix 2) as appended to Community Services Department report CSD-00-039 and dated June 12, 2000 be approved; and, That the Eligibility Criteria for Groups or Event Usage of City Hall, Community Centres and Rooms in other Facilities (Appendix 3 of the above report) be amended to reflect under sub- section (b) Grant Groups, that Christkindl Market, Festival of Trees and ArtWorks are examples of Community Festivals, and that the last paragraph under (b) - Grant Groups - Criteria for Eligibility for Grant be amended to reflect that those groups who should be JUNE 19, 2000 COUNCIL MINUTES - 323 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 7. (Cont'd) encouraged to reach financial independence after three years do not include Community Festivals which may take longer than this to become self-sufficient; and, That Appendix 3, as amended, be approved and adopted as a Policy Resolution; and further, That the Facility Rental Agreement with the attached Terms and Conditions (Appendix 4) be approved and be authorized for use as a pre-approved rental contract for all City facility room/hall rentals including City Hall (but not including ice and field rentals). PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That effective July 1, 2000, the supply price for the natural gas commodity be increased to 14.7070 cents per cubic meter for system gas customers of the City of Kitchener; and further, That the supply price be monitored and managed with a follow-up report for price resetting to be provided to the Public Works and Transportation Committee prior to October 1, 2000. That Public Works Department staff prepare a report for consideration at the Public Works and Transportation Committee meeting scheduled for August 21, 2000, indicating those portions along the length of the Conestoga Expressway that do not presently have noise attenuation barriers in place, an estimated cost to erect such barriers, and also a proposal for funding these installations; and further, That the Ministry of Transportation of Ontario be requested to erect signs prohibiting the use of truck engine brakes in the vicinity of the interchange adjacent to Connaught Place. That the Region of Waterloo and its Contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code, during the roadway improvements along King Street East between Sportsworld Drive and the Highway 8 overpass, between the hours of 7:00 p.m. to 9:00 p.m. for the period July 24 to October 31, 2000, along with a 24-hour exemption for a maximum of five (5) nights, tentatively expected to occur in September or October; and further, That the President of the Pinegrove Community Association be advised of this exemption. That a summer student be hired to undertake the Speed Advisory Program for the months of July and August at an unbudgeted cost not to exceed $3,000.00. JUNE 19, 2000 COUNCIL MINUTES - 324 - CITY OF KITCHENER A= B= COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Permanent Vendor Licence It was resolved: "That a year 2000 Permanent Vendor Licence be granted to Oanh Thi Nguyen for a business to be operated at 280 Victoria Street North under the name K.C. Cleaners and Laundromat." 2. Do.q Desi.qnation Appeal Decision It was resolved: "That the June 5, 2000 decision of the Dog Designation Appeal Committee regarding an appeal filed by George Cioban, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 3. Consent to Mortqa.qes - 888 Trillium Drive and 190 Washburn Drive It was resolved: "That the City consent to mortgages from St. Jude's Student Services Inc. to Business Development Bank of Canada and 1101605 Ontario Limited/1035825 Ontario Inc. for the property described as Part 5 on Reference Plan 58R-7426 save and except Part 1 on Plan 58R-12300, municipally known as 888 Trillium Drive, Kitchener." - and - "That the City consent to a mortgage from Drago Stiplosek to Bank of Montreal for the property described as Part 2 on Reference Plan 58R-9683 and Part 1 on Plan 58R- 11980, municipally known as 190 Washburn Drive, Kitchener." 4. En.qineerinq Agreement- Hallman Brierdale Ltd. 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 MTE Consultants Inc., regarding Hallman Brierdale Ltd., Aberdeen Estates, R.P. 1831, 1832, 1833, 1834, and balance of 30T-88007." 5. Confidentiality A.qreement - City of Toronto It was resolved: "That the City enter into, and the Mayor and Clerk be authorized to execute, a confidentiality agreement with the City of Toronto to obtain access to the April 10, 2000 agreement between the City of Toronto, Telus Mobility Cellular Inc. and 3554864 Canada Ltd. to permit telecommunication access to City of Toronto rights of way." COUNCIL MINUTES JUNE 19, 2000 - 325 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 6. Various Tenders The tenders were dealt with under Delegations. 7. Appointment - Kitchener Downtown Business Association Board of Directors It was resolved: "That Mike Sully be appointed to the Kitchener Downtown Business Association Board of Directors for a term expiring on November 30, 2000, and to fill the vacancy resulting from the resignation of Ray Royce." 8. Permission to Sell Raffle Tickets It was resolved: "That the City of Kitchener has no objection to The Canadian National Institute for the Blind, Ontario Division, Sudbury/Manitoulin District Office, 303 York St., Sudbury, Ontario, P3E 2A5, being granted permission to sell CNIB 2001 Lottery Calendars with draw tickets for a chance to win cash prizes. A series of draws will be held from January 1, 2001 to December 31, 2001 at CNIB, Sudbury District Office, 303 York St., Sudbury, Ontario, P3E 2A5". 9. Permission to Sell Draw Tickets It was resolved: "That the City of Kitchener has no objection to The Royal Canadian Legion Ontario Command, 89 Industrial Parkway North, Aurora, Ontario, L4G 4C4, being granted permission to sell tickets in the City of Kitchener for a raffle draw to be held on May 15, 2001, the draw to be held at the Kingston Memorial Centre, 303 York Street, Kingston, Ontario." 10. Emissions - Quantex Technoloqies Inc. It was agreed to refer discussion regarding concerns over emissions from Quantex Technologies Inc., located in the Huron Business Park, to the June 26, 2000 Finance and Administration Committee meeting. 11. Support Services and Housinq - Waterloo Reqional Homes for Mental Health Inc. Councillor John Smola commented on the difficulties, problems and risks faced by individuals with severe mental health issues as to their needs for intensive support services and affordable housing. It was resolved: "WHEREAS the City of Kitchener is concerned with the safety and security of its citizens who suffer from mental and emotional disabilities; and, WHEREAS our Region suffers from a shortage of safe and secure, Iow income housing; and, WHEREAS disabled citizens often become victims of unscrupulous and irresponsible landlords, resulting in them living in unsafe and sub-standard living conditions; THEREFORE BE IT RESOLVED that Kitchener City Council endorse the financial proposal of Waterloo Regional Homes for Mental Health Inc. The proposal will provide supportive/supported housing for approximately 170 individuals with severe mental COUNCIL MINUTES JUNE 19, 2000 - 326 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Support Services and Housinq - Waterloo Reqional Homes for Mental Health Inc. (Cont'd) health issues. Our disabled community needs assistance with both rent subsidies and ongoing support services; and further, THAT a copy of this resolution be sent to the Honourable Elizabeth Witmer, Minister of Health, and Wayne Wettlaufer, MPP - Kitchener Centre and Gerald Martiniuk, MPP - Cambridge." 12. Permission to Sell Food in Peter Hallman Ball Yard and Licensinq Requirement The Committee considered Corporate Services & City Clerk's Department reports CRPS-00-026 and CRPS-00-027, dated June 16, 2000, from J. Koppeser, Manager of Licensing. i) Angels Softball Club It was resolved: "That permission be granted to Angels Softball Club to sell food during their softball tournament to be held June 24 and 25, 2000 at Peter Hallman Ball Yard, corner of Hayward and Hanson Avenues, Kitchener, provided the necessary licence, including Health approval, is obtained; and further, That the $51.00 Refreshment Stand fee be applicable." ii) Civitan Sports Waterloo Region It was resolved: "That permission be granted to Civitan Sports Waterloo Region to sell food during their 3rd Annual Civitan Fast Pitch Jamboree to be held June 29 to July 2, 2000, at Peter Hallman Ball Yard, corner of Hayward and Hanson Avenues, Kitchener, provided the necessary licence, including Health approval, is obtained; and further, That the $10.00 Charitable Refreshment Stand fee be applicable." 13. Encroachment Aqreements - Mr. Submarine, 48 Kinq Street West The Committee considered Legal Department report LEG-00-022, dated June 19, 200 from Ms. L. MacDonald. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner(s) of Part 1 on Reference Plan 58R-6201, municipally known as 48 King Street West, to legalize the existing wall as it encroaches 2.3 feet, more or less, at the greatest extent, into City owned property municipally known as 36 King Street West; and further, That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of Part 1 on Reference Plan 58R-6201, municipally known as 48 King Street West, to permit the installation and maintenance of below ground underpinning, foundation and footings extending 1.830 metres into 48 King Street West to facilitate construction of a building at 36 King Street West." COUNCIL MINUTES JUNE 19, 2000 - 327 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 14. A,qreement with Owner and Construction of a Residential Dwellinq at 80 Westmeadow Drive The Committee was in receipt of Legal Department report LEG-00-024, dated June 19, 2000, from Ms. L. MacDonald, dealing with construction of a residential dwelling unit with additional windows in the westerly sidewall. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner of Part Block 1, Registered Plan 58M-118 designated as parts 12, 45 and 46 on Reference Plan 58R-11976, municipally known as 80 Westmeadow Drive, pursuant to Section 9.10.14.12(5) of the Ontario Building Code, said agreement to permit the construction of a residential dwelling with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent lands described as Part Block 1, Registered Plan 58M-118 designated as Parts 47, 48, 49, 50 and 93 on Reference Plan 58R-11976." 15. A,qreement with Owner and Construction of a Residential Dwellinq Unit at 864 Thomas Slee Drive The Committee considered Legal Department report LEG-00-023, dated June 19, 2000, from Ms. L. MacDonald, dealing with a request to construct a residential dwelling unit with additional windows in the easterly sidewall. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner and builder of Lot 64 according to Registered Plan 58M-83, municipally known as 864 Thomas Slee Drive, pursuant to Section 9.10.14.12(5) of the Ontario Building Code, said agreement to permit the construction of a residential dwelling with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent City owned land." 16. A,qreement with Barry Humphrey re: Traininq of Fire Department Personnel Use of 1682 Hiqhland Road West for The Committee was in receipt of Legal Department report LEG-00-021, dated June 19, 2000, from Ms. L. MacDonald, respecting an offer by Mr. B. Humphrey to allow the Fire Department use of a house located at 1692 Highland Road West for the purpose of training Fire personnel. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, to the satisfaction of the City Solicitor, with Barry Humphrey to secure the use of the house located at 1682 Highland Road West by the City of Kitchener Fire Department for the purpose of conducting recruitment training including the deliberate ignition and suppression of fires." 17. Tentative Council Meetinq Date durinq 2000 Summer Break It was agreed that the June 26, 2000 Finance and Administration Committee agenda include consideration of a tentative Council meeting date, if required, during Council's annual summer break July 10 - August 18, 2000.