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HomeMy WebLinkAboutCouncil Minutes - 2000-05-08COUNCIL MINUTES MAY 8, 2000 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor J. Haalboom. The meeting began with the singing of "O Canada" by Brenda Braun, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held April 17, 2000, and special meetings held April 17 and 27, 2000 and May 1, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Letter dated April 10, 2000, from T. Arnott, MPP - Waterloo-Wellington, acknowledging receipt of Council's correspondence concerning municipal restructuring and transit capital infrastructure. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. He asked that Council consider an additional tender being Proposal P00-049, Building Automation System for the Kitchener Memorial Auditorium Complex. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Tender T00-025, Cedar Street Reconstruction (King Street to Weber Street), be awarded to Subterra Inc., Kitchener, at their tendered price of $815,768.25, including G.S.T., and a contingency allowance of $70,064." - and - "That Tender T00-042, Glasgow Street Reconstruction (Fischer-Hallman Road to Knell Drive), be awarded to J. Weber Contracting Ltd., Breslau at their tendered price of $1,724,724., including G.S.T., and a contingency allowance of $74,280." - and - "That Tender T00-045, Highway Coarse Salt, be awarded to Sifto Canada Inc., Mississauga for a two (2) year period at an annual average price of $909,288. per year, all taxes included." - and - "That Expression of Interest E00-016, Roof Consulting Services, be awarded to Premier Roof Consulting Limited, Mississauga and IRC Building Sciences Group Inc., Mississauga for a period of two years, commencing May 9, 2000 ending April 30, 2002." - and - "That Expression of Interest E00-038, Consultant Services - Internet Site Development, be awarded to Brickworks Communications Inc., Kitchener at their estimated fee of $36,327., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Proposal P00-049, Building Automation Systems - Kitchener Memorial Auditorium Complex, be awarded to Accu Temp Cooling Heating Systems Inc., Kitchener, at their proposed price of $174,639., plus G.S.T." Carried. Ms. Barbara Byers, Public Education Director, Lifesaving Society of Canada (Ontario Branch) appeared as a delegation to present the City of Kitchener with the 1999 Water Smart Award in recognition of the City's outstanding community service in drowning prevention education. She made COUNCIL MINUTES MAY 8, 2000 - 250 - CITY OF KITCHENER further remarks as to the Society's mandate, their scarce resources and the City of Kitchener's activity as a committed affiliate. Mayor C. Zehr then accepted the Award on behalf of the City. Mr. T. Boutilier appeared before Council to briefly review highlights of this year's Trees For Our Future program which is supported by the Cities of Kitchener, Cambridge and Waterloo along with Canada Trust's Friends of the Environment program as well as nine local garden centres which he listed. A brochure outlining details of the program was distributed and Mr. Boutilier noted that a similar presentation was being made to the Councils of Cambridge and Waterloo. Finally, he noted that their objective was to assist in the planting of 1,000 trees on private lands this year. Mr. John Irvine appeared as a delegation in support of Committee of Adjustment Submission No. SG 2000-002 listed as part of item B10 of the Committee of the Whole agenda this date. Mayor C. Zehr asked that all of item B10 be dealt with at this time. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That Council ratify and confirm the May 2, 2000 decision of the Committee of Adjustment recommending approval of: Submission No. SG 2000-002 - Future Ford Lincoln (125 Centennial Drive) Submission No. SG 2000-003 - Brattan Tool Industries Ltd. (255 McBrine Drive)." Carried. Mr. Steve Grant, Madorin Snyder, appeared as a delegation in support of Clause 6 of the Planning and Economic Development Committee report dealing with a zone change application related to Kitchener's Residential Streetscapes final report. He commended staff for the process utilized to develop the final report and advised that he wished to propose one minor change to recommendation 3 of Clause 6 by adding the words 'where appropriate' at the end of the sentence. Council was in receipt of a memorandum dated May 8, 2000, from Ms. J. Given, requesting revisions to the proposed by-law as explained in her report. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 6 of the Planning and Economic Development Committee report including a revision to recommendation 3 to add the words 'where appropriate', be adopted." At this point, Councillors Jake Smola and B. Vrbanovic raised concerns regarding the maximum allowable driveway width for new residential developments on small lots. Mayor C. Zehr commented that the original intent of the proposed changes was to get away from the existing situation where on small lot homes, the garage and vehicles were dominating the streetscape. Moved by Councillor Jake Smola Seconded by Councillor B. Vrbanovic "That Clause 6 of the Planning and Economic Development Committee report of this date be deferred and referred to the May 29, 2000 Planning and Economic Development Committee meeting for further consideration along with requests of J. Given and S. Grant." Carried. Mayor C. Zehr referred to the agenda wherein it was noted that at the May 1, 2000 Community Services Committee meeting, Councillor M. Yantzi had advised that he would introduce a Motion for Reconsideration of Council's February 14, 2000 resolution, in which it was decided not to close Raylene Drive and instead to construct a permanent concrete barrier fence from the corner of the property at 115 Hearth Crescent to the corner of the property at 60 Westmount Road West and to dispose of the remnant parcels of land resulting from the closure of Filsinger Road to the abutting owners. Mayor Zehr explained the reconsideration process for the benefit of those residents who were in attendance this date. Councillor B. Vrbanovic recommended that Council listen to the MAY 8, 2000 COUNCIL MINUTES - 251 - CITY OF KITCHENER delegations before considering the Motion for Reconsideration. Mayor C. Zehr requested that the delegations speak only to the issue of why the matter should be reconsidered. A motion by Councillor M. Yantzi, seconded by Councillor Jake Smola, was introduced proposing that Council reconsider its resolution of February 14, 2000, relative to Raylene Drive and construction of a concrete barrier. Mr. Lloyd Ertel appeared as a delegation in regard to the Notice of Motion for Reconsideration of the Raylene Drive resolution. The delegation asked that the safety of children be paramount in consideration of this issue and commented that the wall was negative to this objective. In response to Mayor C. Zehr, he commented on the existing lighting/visibility characteristics of the walkway which would be worsened with the erection of a concrete barrier. He stated that Dr. Rao, the owner of 50 Westmount Road West, has offered to buy the necessary lands to keep the walkway open. Mr. Dave Barker appeared as a delegation regarding the Raylene Drive matter and also commented that the issue boils down to the safety of children as if they were required to utilize Highland Road to access neighbourhood schools, it presented a dangerous alternative with the volume of vehicular turning movements into commercial properties along the route to school. Also, he suggested that a barrier wall would be negative to the sense of community within the area. Ms. Lee Daqa also appeared as a delegation regarding the Raylene Drive matter and advised that she was currently on a hunger strike to prevent construction of the wall which she suggested was divisive and was no way of resolving problems the community faced. She emphasized that the community needed to undertake co-operation rather than separation and suggested that erecting a wall would not deter crime in the neighbourhood. She also stated that the residents were prepared to start a neighbourhood watch program and then referred to a petition that has been circulated to City Council regarding this matter. In response to Councillor G. Lorentz, Ms. Daqa noted that there have been no direct discussions between townhouse residents and residents on Hearth Crescent. Ms. Jackie Schweitzer referred to the petition circulated to Council and pointed out that it contained 562 signatures of persons in favour of retaining a walkway. She then referred to a map outlining all of the inter-connecting walkways in the general neighbourhood and then referred to Dr. Rao's proposal to purchase required lands for the walkway which would then be fenced and lighted appropriately. Mrs. Norma Thiele appeared as a delegation regarding the Raylene Drive walkway matter and pointed out that it has been confirmed that the residents of 50 Westmount Road West were never given a legal walkway and referred to Council's vote earlier this year to correct that. She commented that as property owners they had been intimidated respecting this matter and asked that the City proceed with construction of a permanent concrete barrier. Mr. Carl Thiele also appeared as a delegation regarding the Raylene Drive walkway matter and remarked that the issue has turned into something awful within the neighbourhood. He circulated photographs to Council and noted that he had been threatened over the issue. Further, he pointed out that the School Board does not recognize the Raylene route as a walkway to access its school properties. He made further comments concerning childrens' safety, a planning file relative to this matter that was missing and the offer of Dr. Rao to buy certain lands to keep the walkway open. Finally, he asked that Council save the neighbourhood by erecting the wall. Mrs. Ralph Berry appeared as a delegation regarding the Raylene Drive walkway issue and emphasized that the walkway had never been a legal one. She referred to events over the weekend and suggested that since Councillor Yantzi chose to re-open the matter at the Council level, the situation within the neighbourhood had become intolerable. She asked that Council not re-open the matter. In response to Councillor B. Vrbanovic, Mrs. Berry indicated that with the wall, the majority of problems now being experienced would likely be eliminated and also pointed out that there had been no attempt to undertake negotiation since Council's February 14, 2000 decision. Ms. Meaghan Johnson appeared as a delegation regarding the Raylene Drive walkway issue to ask that Council reconsider its earlier decision so as to allow for mediation of this neighbourhood problem. She indicated that she used to reside at 50 Westmount Road West and that she had used the walkway frequently. MAY 8, 2000 COUNCIL MINUTES - 252 - CITY OF KITCHENER For the record, Council was in receipt of a letter from Mr. Nicholas Gehl, Gehl & Gehl, Barristers and Solicitors, acting on behalf of Dr. Rao, the owner of 50 Westmount Road West, providing an opinion respecting the legality of the Raylene Drive right-of-way. Councillor M. Yantzi stated that the issue is deep seeded with a lot of hurt being inflicted on the neighbourhood as a result. He advised that if his Motion for Reconsideration was passed, he would propose mediation with representatives from both sides of the issue within the neighbourhood with the police also participating. He suggested that the mediator should be asked to achieve concensus to resolve the matter but if not, to develop two options, one with the wall and one without the wall. Councillor J. Ziegler was of the view that with this type of situation there really was no opportunity to achieve compromise and that without a wall there would always be a problem. Councillor Jake Smola indicated that he had previously suggested that residents from the two opposing sides be brought together and also commented that the possible erection of the wall has created a larger problem within the neighbourhood which has to be involved in finding a solution. He noted that any decision respecting this matter needs a lot more thought and recommended that two neighbourhood associations be formed to seek resolution of the matter. Councillor T. Galloway commented that the Raylene Drive walkway matter was a difficult issue and he acknowledged that 50 Westmount Road West never had legal access to Raylene Drive. He indicated that he would support one effort to determine if there was common ground among parties to resolve the issue at the neighbourhood level. He advised the residents not to interpret his support for mediation as opposing construction of the wall but rather it was his wish that mediation be at least attempted as in his view it was in the interest of all residents. Councillor B. Vrbanovic indicated that he saw this matter as one of the most difficult issues he had had to deal with on Council. Further, he stated that it was likely that the wall would have to be built but it was his hope compromise could be achieved instead. Accordingly, he indicated that he would support Councillor M. Yantzi's Motion for Reconsideration based on its intent to bring the neighbourhood together. However, he stated that he would support the wall if nothing else came out of the mediation process. In response to Councillor G. Lorentz, Mr. S. Gyorffy noted that quotations to undertake the work had now closed and that construction of the concrete barrier could commence in ten days with the work taking approximately six days to complete. Councillor Lorentz commented that he had concern that no attempt had been made to resolve the matter among neighbours since Council last dealt with this issue and that there was no timeline with respect to the mediation effort. He indicated that he could support a short delay in undertaking the work but that he would not support anything longer than four weeks. Councillor K. Taylor-Harrison indicated she supported Councillor M. Yantzi's initiative and would not pre-judge the outcome of mediation. Councillor John Smola indicated that he would not support a lengthy mediation process and Councillor C. Weylie stated that she was opposed to reconsideration. Councillor M. Yantzi acknowledged that one month would be a reasonable time frame to complete the mediation process. Mayor C. Zehr stated that he had serious concerns about the allegations and the effect on the community. He asked that the mediation process be given one last chance to succeed and by general consent it was agreed that if Councillor M. Yantzi's motions for reconsideration and mediation were successful this date, the matter would come back to Council at its meeting of June 5, 2000. Council then dealt with the reconsideration motion of Councillor M. Yantzi introduced earlier and a recorded vote was requested. Moved by Councillor M. Yantzi Seconded by Councillor Jake Smola "That Council reconsider its resolution of February 14, 2000, in which it was decided not to close Raylene Drive and instead to construct a permanent concrete barrier fence from the corner of the property at 115 Hearth Crescent to the corner of the property at 60 Westmount Road West, and to dispose of the remnant parcels of land resulting from closure of Filsinger Road to the abutting owners." In Favour: Mayor C. Zehr, Councillors K. Taylor- Harrison, M. Yantzi, Jake Smola, B. Vrbanovic, T. Galloway and G. Lorentz. COUNCIL MINUTES MAY 8, 2000 - 253 - CITY OF KITCHENER Contra: Councillors John Smola, C. Weylie and J. Ziegler. Motion Carried with Required 2/3 Majority Vote of Council Members present. Moved by Councillor M. Yantzi Seconded by Councillor Jake Smola "That the City of Kitchener engage the services of a Mediator for the purpose of bringing together neighbours with opposing views on the existing access to Raylene Drive from 50 Westmount Road West; and further, That should the Mediator not achieve consensus to resolve the matter, Council instructs that the Mediator develop two options; one with a wall and the other without a wall, with the Mediator reporting to City Council at its meeting of June 5, 2000." Carried. Mayor C. Zehr requested that Councillor M. Yantzi make arrangements with appropriate City staff to work through a mediator on this issue. Ms. Cathy Scott appeared as a delegation to object to Clause 10 of the Community Services Committee report which directs staff not to remove the mature silver maple tree located on the flank of 213 Sheldon Avenue North. She indicated that the tree was one of three trees in their side yard and that when they purchased their property, they were unaware that the tree was located on City property. She commented that the trees had overgrown their space and that pruning was only a short term solution and that if the tree was removed, they were willing to plant a different species. Councillor B. Vrbanovic noted that there were issues involving lighting, a planned future addition, widening of the driveway and the error with regard to ownership. Councillor Jake Smola asked that staff look at options for the planting of an alternate tree. Councillors J. Ziegler and K. Taylor-Harrison indicated they supported the Committee recommendation. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That Clause 10 of the report of the Community Services Committee be adopted." A recorded vote was requested. In Favour: Councillors C. Weylie, K. Taylor-Harrison, J. Ziegler and M. Yantzi. Contra: Mayor C. Zehr, Councillors John Smola, Jake Smola, B. Vrbanovic, T. Galloway and G. Lorentz. Motion Lost. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That staff be directed to remove the mature Silver Maple tree located on the flank of 213 Sheldon Avenue North at the property owners expense; and further, That staff work with the owners to arrange for the planting of 1 or 2 suitable replacement trees, also at the owners expense." Carried. Councillor G. Lorentz asked for an information report in approximately two months from staff of the Departments of Public Works and Community Services on the matter of how to avoid the necessity of removing or severely pruning mature trees which have become a problem due to the species or their original planting location. MAY 8, 2000 COUNCIL MINUTES - 254 - CITY OF KITCHENER Mr. Lester Sucre and Ms. Christina Bamberg appeared as a delegation to oppose the recommendation listed as item B5 of the Committee of the Whole agenda of this date. The recommendation asks that the April 20, 2000 decision of the Dog Designation Appeal Committee regarding an appeal of a Prohibited Dog designation filed by Lester Sucre be ratified and confirmed. Mr. Sucre advised that when he moved to Kitchener he was unaware that his dog was a prohibited dog within the municipality. He stated that he had the support of the Humane Society relative to the nature of his dog and that he had appealed to the Dog Designation Appeal Committee but was unsuccessful. Mayor C. Zehr referred to a memorandum dated May 2, 2000, from Mr. G. Sosnoski, containing the Notice of Decision of the Appeal Committee part of which requests Council to consider an amendment to Chapter 530 (Dogs) of the Municipal Code which would give the Appeal Committee the discretion to redesignate a prohibited dog as restricted for the appropriate conditions. Councillor J. Ziegler referred to the Committee comments in respect to prohibited/restricted designation and noted that the Committee had upheld the by-law but asked for discretion on the redesignation issue. He indicated that numerous concerned residents have expressed support of the existing by-law and suggested that any revision to the by-law would weaken it. Councillors B. Vrbanovic and Jake Smola indicated that they supported the first part but not the second part of the Dog Designation Appeal Committee decision. Council considered the two parts of the Appeal decision separately, accepting the prohibition designation and taking no action on amendment to Chapter 530 (Dogs) of the Municipal Code. Moved by Councillor Jake Smola Seconded by Councillor J. Ziegler "That the April 20, 2000 decision of the Dog Designation Appeal Committee regarding an appeal of a Prohibited Dog designation filed by Lester Sucre be ratified and confirmed; and further, That no action be taken on the request of the Dog Designation Appeal Committee that Council consider an amendment to Chapter 530 (Dogs) of the Municipal Code giving the Committee discretion to redesignate a Prohibited Dog as a Restricted Dog with appropriate conditions." Carried. Mr. Sucre was advised that he had two weeks to remove his dog from the City. Mr. Michael Senack, a resident of Greengable Way, appeared as a delegation to complain of noise associated with use of a basketball court at the St. Dominic Savio School on Victoria Street South. He advised that two courts were located in a corner of the school property close to residences and that he had complained to the Waterloo Catholic District School Board which has responded by agreeing to remove the basketball nets for the summer. Mr. Senack pointed out that the noise of basketball playing and the echo associated with it was continuous daily and there was no relief from it. Further, he indicated that the School Board has also agreed to install a timer on its lighting system for the courts to discourage use at night. Councillor G. Lorentz recounted a similar incident that took place at Westheights Public School and suggested that the School Board should have worked with residents to locate the basketball court in an appropriate section of the school property. Councillor Jake Smola suggested that the site plan review process should address this type of issue and asked that staff discuss the matter with school board officials. Councillor J. Ziegler suggested this type of noise could possibly be restricted under the City's Noise By-law. Councillor B. Vrbanovic pointed out that some of the City's facilities have basketball courts adjacent to residential dwellings and asked that a balanced approach to the issue be maintained but that nighttime use be restricted. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That staff contact the Waterloo Catholic District School Board to discuss the location of the basketball courts at St. Dominic Savio School with a view to encouraging re-location to an area of the school property that would alleviate the impact that use of the courts is having on adjacent residences." Carried. MAY 8, 2000 COUNCIL MINUTES - 255 - CITY OF KITCHENER Councillor T. Galloway was of the view that direction should be given to staff with regard to the site plan process relating to the location of basketball courts. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That staff be asked to review the City's Site Plan Application process in regard to future facilities that may have basketball courts with a view to implementing a distance separation factor to lessen their impact on adjacent residential housing." 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. Carried. Clause 6 - Dealt with under Delegations and Action Deferred and Referred to the May 29, 2000 Planning and Economic Development Committee meeting for further consideration along with requests of Ms. J. Given and Mr. S. Grant. Balance of report - Carried. Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee be adopted." Voted on Clause by Clause. Clause 5 - Carried. Balance of report - Carried. Recorded Pecuniary Interest and Abstention: Clause 5 - Councillor B. Vrbanovic as he is a member of a board affected by this decision and Councillor M. Yantzi as his employer, Community Justice Initiatives, receives funds from charities. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Balance of report - Carried. Clause 10 - Dealt with under Delegations and Motion Lost on a recorded vote. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee be adopted." Voted on Clause by Clause. COUNCIL MINUTES MAY 8, 2000 - 256 - CITY OF KITCHENER Councillor J. Ziegler thanked staff for a notice they recently sent and questioned if Council could receive copies of all public advertisements. Mr. Sosnoski indicated that staff would look into providing this information electronically. Councillor J. Ziegler referred to his May 5, 2000 memorandum circulated to Council and staff on the subject of requested Noise By-law changes. Firstly, he referred to the practice of vehicles honking their horns to access delivery areas of, for example, the Canada Post outlet located on Second Avenue. Councillor G. Lorentz disclosed a pecuniary interest and abstained from all discussion as he is employed by Canada Post. Secondly, Councillor Ziegler referred to the use of outdoor intercoms at institutional, commercial or industrial facilities where such facilities are within or adjacent to a residential area and asked that the intercoms be prohibited. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That the City Solicitor be directed to propose Amendments to the City's Noise By-law (Chapter 450 of the City of Kitchener Municipal Code) with respect to the following issues: i) prohibiting the use of outdoor intercoms at institutional, commercial or industrial facilities, where such facility is within or adjacent to a residential area, ii) prohibiting the honking of vehicular horns to access service or delivery areas of institutional, commercial or industrial facilities where such facility is within or adjacent to a residential area; and further, That a report be prepared for consideration by the Finance and Administration Committee at a future meeting." Carried. Councillor G. Lorentz previously disclosed a pecuniary interest and abstained from all discussion and voting on the proposed Noise By-law amendments as he is employed by Canada Post. Councillor G. Lorentz referred to a recent traffic injury that occurred on McGarry Drive and pointed out that the problem of speeding vehicles persists. He asked that staff undertake a traffic study that would look at possible traffic calming measures to reduce vehicular speed. As well, he asked that staff contact the Region of Waterloo to express the City's concern with the speed of transit buses on McGarry Drive. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That staff undertake a traffic study along McGarry Drive, with possible installation of traffic claming measures and prepare a report for consideration by the Public Works and Transportation Committee at it meeting to be held June 12, 2000; and further, That staff be directed to advise the Region of Waterloo of City Council's concern regarding the speed at which Grand River Transit buses are being driven in the 40 km zone on McGarry Drive, Kitchener." Carried. Councillor B. Vrbanovic referred to a note he had written to Council on the subject of biotechnological establishments existing within the City's business and industrial parks and suggested that a City initiated zone change application process would be the appropriate way to review these uses and consider any regulations that may be needed. Mr. G. Borovilos briefly commented on the matter as well as Councillor J. Ziegler. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That staff be directed to consider undertaking a City-initiated, City-wide zone change application dealing with businesses operating within the biotechnological field; and, MAY 8, 2000 COUNCIL MINUTES - 257 - CITY OF KITCHENER That staff develop a list of the types of businesses they consider acceptable or unacceptable based on chemicals utilized in the manufacturing process or in the final product, and propose restrictions for consideration; and further, That a report be prepared for consideration by the Planning and Economic Development Committee at a future meeting." Carried. Councillor John Smola pointed out that the annual Public Works Week would be held May 15, 2000 and described the activities that would be taking place in this regard. Councillor M. Yantzi gave notice that Mr. Rych Mills and the Victoria Park Historical Committee have extended an invitation to City Council to attend Victoria Day events taking place at the Queen Victoria statue at 11:00 a.m. on Monday, May 22, 2000. Before considering the by-laws listed on the agenda this date, it was noted that the by-law to amend the Zoning By-law with respect to residential streetscapes had been withdrawn and referred back to the Planning and Economic Development Committee for consideration at its May 29, 2000 meeting as a result of deferral and referral of Clause 6 of the Planning and Economic Development Committee report. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 450 of the City of Kitchener Municipal Code with respect to noise. (b) 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. (c) Being a by-law to provide for the establishing and laying out of Margaret Avenue as a public highway in the City of Kitchener. (d) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 77, 78, 79, 80 and Part of Ida Street Closed, Registered Plan 262 - Sydney Street South. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- 1379419 Ontario Incorporated - Strasburg Road. (f) To confirm all actions and proceedings of the Council 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "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. MAY 8, 2000 COUNCIL MINUTES - 258 - CITY OF KITCHENER Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 450 of the City of Kitchener Municipal Code with respect to noise, (By-law No. 2000-71) (b) 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. 2000-72) (c) Being a by-law to provide for the establishing and laying out of Margaret Avenue as a public highway in the City of Kitchener. (By-law No. 2000-73) (d) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 77, 78, 79, 80 and Part of Ida Street Closed, Registered Plan 262 - Sydney Street South. (By-law No. 2000-74) (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- 1379419 Ontario Incorporated - Strasburg Road. (By-law No. 2000-75) (f) To confirm all actions and proceedings of the Council (By-law No. 2000-76) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES MAY 8, 2000 - 259 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That with regard to the Offer to Purchase from Becker Brothers pertaining to Sites 148 and 149 on Washburn Drive in Huron Business Park, the City of Kitchener grant the following extensions: · extension of the date to waive conditions from November 19,1999 to May 9, 2000 · extension of the date to examine title from November 26, 1999 to June 7, 2000 · extension of the date to close from May 12, 2000 to July 7, 2000 That Zone Change Application ZC 00/05/S/BH (1591 Strasburg Road - 1379419 Ontario Incorporated) requesting a change in zoning to add special use provision 276U to the current Business Park Zone (B-l), and Business Park Zone (B-l) with special provision 112U on lands legally described as Parts 13 to 18 of 58R-10219, be approved in the form shown in the attached "Proposed By-law", dated March 24, 2000, without conditions. It is the opinion of the Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application ZC 00/16/TC/JG (City Wide - City Initiated) adding the "sale or rental of motor vehicles and major recreational equipment" to the Highway Commercial (C-8) Zone, be approved in accordance with the attached "Proposed By-law" dated April 7, 2000, 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 Demolition Control Application DC 00/01/P/BH (190 Park Street Beaver Lumber Company Limited) requesting approval for the demolition of one single detached dwelling located at 190 Park Street, legally described as Part of Lots 1 and 2, Registered Plan 317, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Demolition Control Application DC 00/02/H/TMW (1682 Highland Road West - Trussler Properties Ltd.), requesting approval for the demolition of the single detached dwelling located at 1682 Highland Road West, legally described as Part of Lot 38, German Company Tract, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application ZC 00/15/TC/JG (City-wide changes to Single Detached Residential and Duplex Regulations) be approved in accordance with the "Proposed By- law" attached, dated April 12, 2000, as revised May 1, 2000 in respect Clause #5 of the By-law dealing with Garage Width and Garage Sideyard, 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. 2) That Council adopt the recommendations contained in "Kitchener's Residential Streetscapes Final Report" and direct the Department of Business and Planning Services to prepare a Design Brief based on these recommendations for incorporation in the City's Urban Design Manual approved by Council. 3) That Council confirm its commitment to mixing lot sizes within subdivisions as set out in the Municipal Plan and direct the Department of Business and Planning Services to continue to include appropriate supportive policies in community plans and prepare implementing zoning by-laws for Plans of Subdivision respecting this objective. MAY 8, 2000 COUNCIL MINUTES - 260 - CITY OF KITCHENER PLAN 6. REPORTS ADOPTED BY COUNCIL NING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D) (Cont'd) (Dealt with under Delegations and action deferred and referred to the May 29, 2000 Planning and Economic Development Committee meeting for further consideration along with change requests of J. Given and S. Grant) COMMUNITY SERVICES COMMITTEE - That the City of Kitchener host the 33rd Annual Athletic Awards Banquet on or around Thursday, February 15, 2001 at Resurrection Catholic Secondary School in the same format as the 1999 banquet; and further, That the same amount of funds be included in the 2001 budget as in 2000, in order to hold the event in recognition of an estimated 300 athletes. That Council approve the request of the Ontario Hockey Association (O.H.A.) for financial sponsorship in the amount of $1,500.00 to host a reception for the O.H.A.'s Annual General Meeting to be held in Kitchener on June 16 and 17, 2000. That Council not support the request of the Kinsmen and Kinette Clubs of Canada to place a "Message of Support" in the KIN's National Magazine to say thank you and express appreciation to KIN members in the community; and further, That staff be directed to send a letter of appreciation to the Kinsmen and Kinette Clubs of Canada expressing support and appreciation to KIN members in the community. That pursuant to Council Policy 1-272, Council approve a one time contribution to the Rosemount Millennium Community Garden group in the amount of $795.00 for start-up costs for the Rosemount Millennium Community Garden Project, consisting of an in-kind services grant (delivery topsoil, compost) of $295.00 and a cash grant of $500.00. That pursuant to Council Policy 1-272, Council approve a one time contribution to the St. James- Rosemount United Church in the amount of $1,000.00 for start-up costs for the Scarecrow Community Garden, consisting of an in-kind services grant (delivery topsoil, compost, rototilling) in the amount of $505.00 and a cash grant in the amount of $495.00. That pursuant to Council Policy 1-272, Council approve a one time contribution to the Chandler- Mowat Neighbourhood Association in the amount of $1,000.00 for start-up costs for the Chandler- Mowat-Sandhills Community Garden, consisting of an in-kind services grant (delivery topsoil, compost, rototilling) in the amount of $545.00 and a cash grant in the amount of $455.00; and further, That the Mayor and Clerk be authorized to execute any necessary documentation as required by the City Solicitor to allow the Chandler-Mowat-Sandhills Community Garden to be located on public lands known as Chandler Park. That Council amend its Council Policy Resolution 1-287 (Hot Air Balloons - Insurance) by deleting the existing Clause 1 in its entirety and replacing it with new Clauses 1 and 2, as follows: POLICY CONTENT: The launching of hot air balloons shall be limited to Victoria Park unless special permission is received from Council, in advance. A hot air balloon operator shall only be allowed to launch from City property if he/she/it complies with, acknowledges by signature, returns a letter of permission from the General Manager of Community Services or designate, setting out the following conditions: COUNCIL MINUTES MAY 8, 2000 - 261 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 7. 2. (Cont'd) a) Vehicles must not be driven onto the unpaved areas of the park (the "grounds") if and when the grounds are wet or otherwise in a condition susceptible to damage by vehicles. Carrying or dragging equipment onto the grounds is permitted under such conditions provided that no damage is done to the grounds. Otherwise, care and consideration must be given to the public and the grounds when driving on the grounds. b) The operator must provide the City with a copy of the following: a certificate of Registration of Aircraft for your balloon(s), setting out the registration number with an accompanying photograph(s) clearly showing the balloon(s)' marking; and, ii) a copy of your balloon pilot(s)' licence(s). c) The operator must comply with all applicable laws, by-laws and regulations including without limitation Canadian Aviation Regulations and the City of Kitchener Noise By-Law as amended from time to time. d) The operator must provide the City with a certificate of liability insurance for the launching and operation of his/her/its balloon(s) in the amount of at least two million dollars ($2,000,000.00) per occurrence, exclusive of interest and costs. The City must be designated as an Additional Insured under the liability insurance policy. e) The operator must agree to indemnify and save harmless the City from all claims, costs, fines or penalties as it relates to or is associated with his/her/its use of the City's property. f) In the event that damage to the City's or a third party's property occurs, the operator must immediately notify the City. g) The park, or parts of it, shall not be used for launching if it or parts of it are being used for City endorsed, permitted or sponsored events (including set-up and take down time) or during periods of turf or landscaping renovations. The City will endeavour to give the operator as much notice and information as possible with respect to planned events or renovations. That Council endorse the implementation of the Personal Attendant for Leisure Card (PAL Card) in the Community Services Department and City-wide as opportunities arise. That the Community Centre Feasibility Study, prepared by Monteith Zelinka Priamo Limited in association with the JF Group, be received; and, That a team comprised of staff from the Community Services Department and Finance Department be established to review the study recommendations as they relate to the City's 10 Year Capital Forecast; and, That community groups and neighbourhood associations identified in the study and who stand to be affected by the recommendations be approached for feedback and input into a report; and, That staff prepare a report for the Community Services Committee prior to the end of the term of the present Council outlining a preferred implementation strategy and costing based on recommendations identified in the study; and, That in preparing the report, the Kingsdale and Courtland/Shelley community needs be recognized and be reconsidered for placement in the priority list; and further, COUNCIL MINUTES MAY 8, 2000 - 262 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 9. (Cont'd) That in light of the ultimate possible ranking of Stanley Park and the pace of development in the Stanley Park area, staff conduct a review of relevant sites for potential siting in the Stanley Park area and report back as to a potential recommended site(s) as soon as possible. 10. That Council direct staff not to remove the mature Silver Maple tree located on the flank of 213 Sheldon Avenue North as the tree appears healthy with the exception of a few dead limbs; and further, That the tree, along with the adjacent tree, be scheduled for pruning to remove the dead limbs clear from the house and to allow more sunlight to filter through. (Dealt with under Delegations and Motion Lost on a recorded vote) FINANCE AND ADMINISTRATION COMMITTEE - That Council take no action to oppose the application for a liquor licence for Caffe Gallery Bolero, 9 Water Street North, Kitchener. That Council take no action to oppose the application for a liquor licence by Caf~ Milano, 273 King Street West, Kitchener. That the Four Points Hotel, Kitchener, be granted permission to extend their food and beverage sales onto the city sidewalk in front of Bistro 105 during the Motorcycle Show and Shine on May 26, 2000, provided the approval of the Waterloo Regional Health Unit is obtained. That we approve the request of the Regional Pride Committee of Waterloo-Wellington to locate a beer tent in Victoria Park for the Pride Day Celebration of June 17, 2000; and further, That the Regional Pride Committee of Waterloo-Wellington be permitted to sell food and crafts in Victoria Park during the Pride Day Celebrations on June 17, 2000, provided that the necessary licence is obtained and that a reduced licence fee of $10.00 be applicable; and further, That since this event is in celebration of community harmony and diversity, it be designated as an event of 'municipal significance' for the purpose of applying for a liquor licence. That the refund of bingo licence fees directed by Council on February 28, 2000, be in the form of a grant to the charities who conducted bingos in the City of Kitchener from January 1, 2000 to April 30, 2000. That the Partnership Walk 2000 Committee's request for a Place of Refreshment Licence at Victoria Park Pavilion during the Walk on May 28, 2000, be approved, provided the necessary licence, including Health approval is obtained, and that the reduced fee of $10.00 be applicable. That Council adopt Policy 11-94 (Photo Identification Badges) as appended to the report of C. Ball dated May 1, 2000. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That in connection with the Highway 8 widening and reconstruction of the Highway 8/Conestoga Parkway interchange, and in the event the City's position should be an issue during upcoming Ontario Municipal Board hearings, the City of Kitchener confirms to the Ministry of Transportation MAY 8, 2000 COUNCIL MINUTES - 263 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 1. (Cont'd) that it has no concerns with the proposed road closings as outlined in the report of H. Gross, Manager of Design and Construction, dated April 26, 2000. That a Ward Open House be held to advise of the proposed closing of the pedestrian walkway between Larkspur Crescent and Fischer-Hallman Road to take effect September 2000, and to obtain the input of area residents, with a report on the outcome and any comments received to be considered by the Public Works and Transportation Committee. COUNCIL MINUTES MAY 8, 2000 - 264 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. 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." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Massagist Licences- New It was resolved: "That Angie-Lee Coture and Valerie Currie, employed at 7-280 Victoria Street North, Kitchener, be granted Massagist Licences for the year 2000." - and - "That Holly Dorothy Chatterson, employed at 4-808 Courtland Avenue East, Kitchener, be granted a Massagist Licence for the year 2000." - and - "That Dawn-Marie Miller, employed at 1412 Victoria Street North, Kitchener, be granted a Massagist Licence for the year 2000." ii) Refreshment Stand It was resolved: "That the Kitchener-Waterloo Skating Club Precision Teams, 16 Havenwood Court, Kitchener, be granted permission to operate a refreshment stand at Forest Glen Plaza, Kitchener, on June 23, 24, 25, July 14, 15, 16, August 18, 19, 20, and October 6,7, 2000, provided the necessary Licence and Health approvals are obtained." 2. En,qineerinq A,qreement - Conestoqa-Rovers & Associates 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 Conestoga- Rovers & Associates regarding the reconstruction of College Street (Duke Street to Ahrens Street)." 3. Compliance with Restrictions - 214 Shoemaker Street It was resolved: "That on May 8, 2000 the property described as Part Lot 2, Registrar's Compiled Plan 1478 designated as Part 5 on Reference Plan 58R-5349 and municipally known as 214 Shoemaker Street, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 890434; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2. of a Schedule to Instrument No. 890434 respecting Lot 2, Registrar's Compiled Plan 1478 designated as Part 5 on Plan 58R- 5349 and municipally known as 214 Shoemaker Street, Kitchener." MAY 8, 2000 COUNCIL MINUTES - 265 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. A.qreement - 15 Colyer Place It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Lot 11 according to Registered Plan 58M-113, municipally known as 15 Colyer Place, 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 parkland." 5. Do.q Designation Appeal Decision This item was dealt with under Delegations. 6. Oktoberfest Coins It was resolved: "That Kitchener-Waterloo Oktoberfest Inc. be authorized to circulate $2.00 coins featuring Walter P. Zeller, President and Founder of Zellers Limited, as trade currency within Kitchener, from Thursday, June 1,2000 to Tuesday, October 31, 2000, inclusive." 7. A.qreement - Fire Dispatch - Amendment to Direct Fire Alarm Monitorinq = = 10. 11. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, dated March 6, 2000, with the City of Waterloo, to amend the existing fire dispatch service agreement dated December 7, 1998 with the City of Waterloo, to provide for direct fire alarm service to Waterloo." Various Tenders The tenders were dealt with under Delegations. Kitchener Downtown Business Association - 2000 Budqet Revisions It was resolved: "That Council amend its resolution of March 27, 2000, wherein it approved the 2000 Operating Budget of the Kitchener Downtown Business Association so as to reflect an increased operating budget in the amount of $559,039.15, with no change in the assessment amount." Committee of Adjustment This item was dealt with under Delegations. Waterloo Reqion Walk Aqainst Male Violence Re Noise By-law Exemption Request The Committee was circulated with correspondence from Marc Brzustowski requesting exemption from the provisions of the Noise By-law relative to the opening and closing rallies of the Waterloo Region Walk Against Male Violence scheduled for May 17, 2000, in Victoria Park. COUNCIL MINUTES MAY 8, 2000 - 266 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Waterloo Reqion Walk Aqainst Male Violence Re Noise By-law Exemption Request - (Cont'd) It was resolved: "That the request of the Waterloo Region Walk Against Male Violence for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted relative to an event to take place between the hours of 10:30 a.m. and 2:30 p.m. on Wednesday, May 17, 2000, in Victoria Park." 12. Massaqist Licence The Committee considered a memorandum May 5, 2000 from the Manager of Licensing. It was resolved: "That Amanda Beraskin, who is employed at 4-808 Courtland Avenue East, Kitchener, be granted a Massagist Licence for the year 2000." 13. Encroachment Aqreements The Committee was in receipt of correspondence dated May 5, 2000 from L. MacDonald, Assistant City Solicitor. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner(s) of Lot 28, Plan 782, municipally known as 54 Grand Hill Drive, to legalize the existing driveway and retaining wall as it encroaches 18 feet, more or less, at the greatest extent, into the Grand Hill Drive road allowance." - and - "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of Lot 24, Plan 1219, municipally known a 46 Belwood Crescent, to permit the construction of a 3' high wooden fence along the side property line that will encroach 8.6 feet, more or less, onto the Belwood Crescent road allowance and a decorative, 3' high wooden fence at the corner of the front lawn adjacent to the driveway to be located entirely on the said road allowance." - and - "That the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner(s) of Part Lot 40, Plan 217, municipally known as 417 Park Street, to legalize the eaves of an existing building as they encroach 1', more or less, over the Gildner Street road allowance."