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HomeMy WebLinkAboutCouncil Minutes - 2004-01-12COUNCIL MINUTES JANUARY 12, 2004 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 the 48th Kitchener Girl Guides and the 471~t Kitchener Brownies. On motion by Councillor M. Galloway, the minutes of the regular meeting held December 15, 2003 and special meetings held December 15, 2003 and January 5, 2004, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor G. Lorentz disclosed a pecuniary interest at the in-camera meeting of City Council held earlier this date in respect to a matter involving solicitor-client privilege. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated December 22, 2003, from Hon. Harinder S. Takhar, Minister of Transportation, acknowledging receipt of Council's resolution regarding litter removal and grass cutting along lands adjacent to Provincial highways in Kitchener. Mayor C. Zehr advised that this would be the last Council meeting that Mr. Sean Sasso would act as Council Page, having begun his civic duties on October 23, 2000. Mayor Zehr congratulated him on his scholastic achievement in graduating from Resurrection High School with 95%, the highest grade average in the graduating class. He advised that Mr. Sasso is now pursuing higher education and wished him success with his studies and future endeavours. Mayor Zehr presented Mr. Sasso with a certificate and gift in acknowledgement of his service. On behalf of Council, Mayor C. Zehr extended an expression of sympathy to Councillor G. Lorentz and his bereaved family over the recent passing of his father. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That Tender T03-056, Victoria Street North Sanitary Sewage Pumping Station, be awarded to Stone Town Construction Limited, St. Mary's, Ontario at their tendered price of $2,871,104.89, including contingencies of $169,987.60 and G.S.T., less $199,444.79 for the masonry portion of the contract; and, That the City award the masonry portion of the contract to Kappeler Masonry Corporation, Waterloo; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Proposal P03-053, Natural Gas Appliance Financing Program, be awarded to the following Contractors for a one (1) year period, commencing January 2004 and terminating December 31,2004: Primary Contractor status to: Bast Napoleon Home Comfort, Waterloo; Systems, Waterloo; Direct Energy Essential Home Services, Waterloo; Heating & Air Conditioning, Waterloo. Delta Air and Dunn Secondary Contractor status to: Aire-One Heating & Cooling, Kitchener; Capital Plumbing & Heating (KW) Ltd., Kitchener; Conestogo Mechanical, Kitchener; Napoleon Home Comfort, Cambridge; Reitzel Heating & Sheet Metal, Waterloo; Richmond Heating & Air Conditioning, Kitchener; Rob Hart Mechanical, Kitchener; and The Woodburner, Kitchener." Carried. COUNCIL MINUTES JANUARY 12, 2004 -4- CITY OF KITCHENER Jason and Maigen Head attended in support of the Committee of Adjustment recommendation listed as Item B.3 on the Committee of the Whole agenda, regarding a fence variance application (Submission FN 2003-004) for the property at 234 Hollyridge Crescent. The delegation advised that they are requesting to have a 1.52 m (5 ft.) fence to block the view of a community mailbox along their side lot line and to provide a safe environment for their children. They also pointed out that any future plans to accommodate a swimming pool would require construction of a 5 ft. fence. In response to questions, the delegation advised that they had based construction of their fence on several neighbourhood examples and wished to maintain the 5 ft. height to prevent children from climbing on the fence and adjacent mailbox. It was noted that Silvester Rozolo had also registered as a delegation with respect to this matter; however, he was unable to attend due to illness. Mr. Shayne Turner, Director of Enforcement, responded to several questions advising that the City's Fence By-law was recently amended to require that a fence constructed on a side yard abutting a street not exceed 0.91m (3 ft.) in height unless setback a distance of 1.52 m (5 ft.). He pointed out that staff recommended refusal of the application as the appearance of the fence would have a negative impact on the streetscape. Mr. J. Willmer, Director of Planning, added that the Fence By- law was amended because of the frequency of this type of variance request and the purpose of the 5 ft. setback for higher fences is to ensure good visibility and provide room for landscaping to soften the impact to the streetscape. He pointed out that the delegation has the option of lowering the fence to 3 ft. in its present location or could construct a higher fence setback 5 ft. from the lot line. Ms. Susan Wang, owner of 275 Hidden Creek Drive, attended in opposition to the recommendation to approve a 5 ft. fence and pointed out that the subject fence abuts her front yard. She stated that the fence has a negative impact to her property and asked that the subject property owners be required to adhere to regulations of the By-law. In response to questions, Ms. Wang advised that she would be satisfied if the fence is setback 5 ft. in accordance with By-law requirements. Councillor C. Weylie advised that she was in agreement with the positions taken by staff and neighbouring property owners to uphold the intent of the Fence By-law and was prepared to introduce a motion to deny the variance request. Councillor G. Lorentz advised that he would not support a motion to deny the request as the City has in part contributed to the problem by allowing development of corner lots with back yards abutting neighbouring front yards. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the application of Jason & Maigen Head (Submission FN 2003-004 - 234 Hollyridge Crescent) requesting permission for a 1.52 m (5 ft.) high fence on the lot line along Hidden Creek Crescent rather than the permitted 0.91 m (3 ft.) high fence, on Block 50, Registered Plan 58M-151,234 Hollyridge Crescent, Kitchener, Ontario, BE DENIED." Carried. Delegations listed under Items 4 (d) and (e) of the Council agenda respecting Clause 8 of the Development and Technical Services Committee report were not in attendance this date as issues relating to traffic concerns remain unresolved. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 8 of the Development and Technical Services Committee report was brought forward for consideration. Councillor C. Weylie requested that consideration of Clause 8 of the report be referred to the January 19, 2004 special Council meeting, subject to traffic concerns being resolved. She stated that in the event traffic concerns are not resolved, the matter would be further deferred to the January 26, 2004 Council meeting. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That consideration of Clause 8 of the Development and Technical Services Committee report be deferred and referred to the January 19, 2004 special Council meeting, to allow the parties involved to resolve outstanding traffic concerns." Carried. COUNCIL MINUTES JANUARY 12, 2004 -5- CITY OF KITCHENER Council was in receipt of Community Services Department report CSD-04-003 (K. Baulk), listed as Item B.8 on the Committee of the Whole agenda of this date, concerning execution of a Letter of Understanding with Terastar to utilize a proposed twin pad facility at Sportsworld. Mr. Keith Baulk, Director of Enterprise, advised that the agreement includes a guarantee that the City will use 2,000 hours of prime time ice. He pointed out that an Ice Demand Survey identified need for over 500 hours of ice time and the balance of the guarantee is proposed to come from decommissioning of an existing City facility. Mr. Baulk stated that further discussion respecting decommissioning will be required and the Kitchener Minor Hockey Association will be fully informed as to the impact this project will have on their programs. Messrs. Tom Graham, President, Chris Povey, Vice-President and Gary Draves, Director, Kitchener Minor Hockey Association (KMHA), attended in support of the ice sharing agreement. Mr. T. Graham reminded Council of his presentation in November 2003 regarding need for renovation of existing ice facilities and construction of a new facility. He expressed support for the Sportsworld project, however, he suggested that it would not totally resolve the needs of minor hockey and asked that Council not lose sight of his earlier request. Mayor C. Zehr advised that earlier this date, Council met to review capital projects and a new twin pad facility remains on the list of priorities for consideration during the 2004 Capital Budget deliberations. In response to a question from Councillor J. Smola, Mr. Graham stated that KMHA could potentially use all of the 2,000 hours the City is required to guarantee under its agreement with Terastar. Mr. Joe Wood, President, Terastar, attended in support of the proposed Letter of Understanding and in response to questions, he advised that Terastar had no concern with KMHA using all of the 2,000 hours as the City will control scheduling of ice time. He also confirmed that rental rates charged to the City will remain equivalent to the City's community arena ice rental rates for the full five year term of the agreement. Mr. K. Baulk clarified that the annual timeframe for use of ice time is defined as between September to April and confirmed that the proposed partnership with Terastar will provide room for growth. Mayor C. Zehr requested that Clause 2 of the Letter of Understanding be amended to include the word 'municipal' in the last sentence ahead of the phrase 'hockey facility'. Councillor J. Smola requested that the Letter of Understanding be further amended to include a new clause to provide that KMHA would be given first opportunity to use the 2,000 hours of prime time ice. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the Mayor and Clerk be authorized to sign a Letter of Understanding, satisfactory to the City Solicitor, with Terastar to utilize the proposed Sportsworld twin pad facility, subject to amendments this date to insert the word 'municipal' in the last sentence of Clause 2 of the agreement ahead of the phrase 'hockey facility' and to reflect that the Kitchener Minor Hockey Association (KMHA) be given first opportunity to use the entire 2,000 hours of prime time ice." Carried. Mr. Reg Jones attended in opposition to the recommendation listed as Item B.3 on the Committee of the Whole agenda with respect to a sign application of Dalimat Investments Limited / Frum Developments concerning the property at 700 Strasburg Road. This matter was originally considered at the October 20, 2003 Council meeting and subsequently referred to the November 24, December 15, 2003, and January 12, 2004 meetings. Prior to Mr. Jones making his presentation, Mr. J. Fielding, Chief Administrative Officer, advised that a meeting had been held with area residents and representatives of the plaza development, as well as Shoppers Drug Mart. He advised that an agreement has been reached with respect to the following actions: · installation of a screening fence across the twelve parking spaces facing Strasburg Road on the Shoppers Drug Mart site; · planting of additional trees; and · testing to be conducted on the Shoppers Drug Mart sign facing Strasburg Road to determine a method to reduce the impact of illumination, and turning off of the sign lights at midnight. COUNCIL MINUTES JANUARY 12, 2004 -6- CITY OF KITCHENER Mr. J. Fielding advised that the plaza owners and Shoppers Drug Mart gave assurances that they will work toward resolving these issues and he was of the opinion area residents were generally satisfied. Mr. Reg Jones advised that to date only verbal assurances have been given that the proposed solutions will be acted on. He reiterated concerns regarding the location and height of the fence and type of landscaping improvements to be undertaken, and appealed to Council for support. Mr. Michael Byass, Frum Developments, attended on behalf of the plaza development and advised that they are in full agreement with the solutions proposed outlined by Mr. Fielding. Mr. Byass further stated that the owners of the plaza development and Shoppers Drug Mart are committed to resolving the issues of concern and would install a fence (subject to staff approval of the height), do whatever is possible to block headlight glare, improve landscaping and address the issue of the Shoppers Drug Mart sign. He stated that light tests would be done as soon as possible and that the light filters are being prepared now. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the application of Dalimat Investments Limited / Frum Developments (Submission No. SG 2003-012 - 700 Strasburg Road) requesting permission for two pylon signs to have a height of 9.9 m (32.5 ft.) rather than the permitted 7.5 m (24.61 ft.), to reduce the clearance between the bottom of the sign and grade to 1.52 m (5 ft.) rather than the required 2.44 m (8 ft.), and to increase the sign area to 22.2 m2 (238.97 sq. ft.) rather than the permitted 20 m2 (215.29 sq. ft.), on Part Block A, Registered Plan 1416, being Part 1, Reference Plan 58R- 2575, 700 Strasburg Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the applicant shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title, which shall include the management and timing of the lighting of the signs on the Plaza property, and shall also prohibit mobile / portable signs along the Strasburg Road frontage of the subject property." Carried. Councillor J. Gazzola requested that as a result of the difficulties experienced respecting the redevelopment of the plaza at 700 Strasburg Road, staff undertake to review wording of the City's standard site plan agreement and consultation process and report back as to whether changes are necessary. Council was in receipt this date of Development and Technical Services Department report DTS-04- 006 (J. McBride) and attached Regional Municipality of Waterloo report C06-60 / T11-60/RSI, dated January 6, 2004, outlining details of the Waterloo Regional Road Safety Initiative. Messrs. John McBride, Director of Transportation Planning, David Banks, Regional Manager of Transportation Engineering, Waterloo Regional Police Staff Sergeant Scott Diefenbaker and Ms. Rosemary Pitfield, Director of Communications/Marketing, attended to present details of the Road Safety Initiative. Mr. J. McBride advised that a working group comprised of representatives from the Region of Waterloo, Cities of Kitchener, Waterloo and Cambridge and the Waterloo Regional Police developed a comprehensive road safety program and educational campaign which was presented to Regional Planning and Works Committee on January 6, 2004. Mr. D. Banks advised that as a result of personal injuries / fatal collision statistics increasing by approximately 30% between 1998 - 2002, Waterloo Regional Police undertook a detailed analysis and subsequently sought the assistance of the engineering and traffic community to develop an approach to road safety. He pointed out that the economic and social costs of unsafe driving practices is substantial at $4M Region-wide annually and the objective of the program is to achieve a 5% decrease in the total number of personal injuries / fatal collisions per 1,000 population between January 2004 - December 2006. In addition, several sub-targets of 5% decreases are geared towards specific types of collisions involving: drinking; speeding; failure to wear seatbelts; and drivers in the 55+ age group. Targets will be monitored over the three-year program and revised as necessary. Mr. Banks noted that in addition to community donations, the program is financially supported by all seven area municipalities and if successful, is expected to generate a savings of $11M Region-wide. Ms. R. Pitfield presented an overview of the educational campaign, entitled 'Drive to Stay Alive', outlining target groups; potential partnerships; COUNCIL MINUTES JANUARY 12, 2004 - 7 - CITY OF KITCHENER focus group results; and multi-media marketing / concepts. Council viewed promos of graphic television ads for the educational campaign, which were produced through donated services of CKCO-TV and use the voice of radio personality Jim Van Horne. Ms. Pitfield invited Council and others present to attend the official launching of the campaign to take place on January 13, 2004 at the King Street Theatre. Staff Sergeant S. Diefenbaker stated that Waterloo Regional Police recognize the importance of public awareness in conjunction with enforcement and fully support the educational campaign. In response to questions, the delegation commented on the potential benefits of implementing photo radar in residential areas; however, it was noted that it will require the Province to introduce legislation. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause $ - Dealt with under Delegations and action deferred and referred to the January 19, 2004 special Council meeting. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee (meeting of December $, 2003) be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway Carried. "That the report of the Finance and Corporate Service Committee (meeting of January 5, 2004) be adopted." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 1 of the report by deleting the word 'requested' in the first line of the second paragraph and replacing it with 'required'. Voted on Clause by Clause. Clause 1 - Carried, as Amended. Balance of report - Carried. Mayor C. 7ehr displayed a poster received from Kitchener Girl Guides in reference to their request to have more garbage containers placed throughout the City. Mayor 7ehr stated that this issue has been an ongoing problem, particularly during winter months and requested that staff undertake to find a solution. Mayor 7ehr also advised that discussions have been held with John Milloy, Kitchener MPP, respecting the City's resolution regarding litter removal and grass cutting along lands adjacent to Provincial highways and follow-up to this issue will come forward at a future date. COUNCIL MINUTES JANUARY 12, 2004 - 8 - CITY OF KITCHENER Council agreed to a request of G. Sosnoski, General Manager of Corporate Services & City Clerk, to add three zoning amending by-laws for three readings this date relative to Clauses 3, 5 and 6 of the Development and Technical Services Committee report. Council subsequently gave first and second reading to two additional by-laws (shown as items i and j below) relative to Item B.10 of the Committee of the Whole to effect amendments to Chapter 653 of the Municipal Code and By-law 2002-164 (Delegation of Authority). Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Lot 59, Registered Plan 55M-247 - Swartz Street. (b) Being a by-law to authorize temporary borrowing from the Ontario Municipal Economic Infrastructure Financing Authority ('OMEIFA') to meet expenditures made in connection with certain ongoing works of the Corporation of the City of Kitchener (the 'Lower-Tier Municipality'); and to authorize long term borrowing from OMEIFA or other financing sources for such works through the issue of debentures by the Regional Municipality of Waterloo (the 'Upper-Tier Municipality'). (c) Being a by-law to adopt Amendment No. 52 to the Municipal Plan - 112 Benton Street. (d) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Arrow Lofts Inc. - Benton Street. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Monarch Construction - proposed Fischer Court. (g) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Gerald & Lisa Sailor - Morgan Avenue. (h) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Voisin Developments Limited - Ottawa Street South. (i) Being a by-law to amend By-law 2002-164 to delegate certain authority under the Planning and Condominium Acts. (j) Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code regarding Site Plan Control. 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 M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "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. COUNCIL MINUTES JANUARY 12, 2004 - 9 - Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the by-laws listed on the agenda for third reading, namely: (a) CITY OF KITCHENER Being a by-law to exempt certain lots from Part Lot Control - Lot 59, Registered Plan 58M-247 - Swartz Street. (By-law No. 2004-3) (b) Being a by-law to authorize temporary borrowing from the Ontario Municipal Economic Infrastructure Financing Authority ('©MEIFA') to meet expenditures made in connection with certain ongoing works of the Corporation of the City of Kitchener (the 'Lower-Tier Municipality'); and to authorize long term borrowing from ©MEIFA or other financing sources for such works through the issue of debentures by the Regional Municipality of Waterloo (the 'Upper-Tier Municipality'). (By-law No. 2004-4) (c) Being a by-law to adopt Amendment No. 52 to the Municipal Plan - 112 Benton Street. (By-law No. 2004-5) (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Arrow Lofts Inc. - Benton Street. (By-law No. 2004-6) (e) To confirm all actions and proceedings of the Council. (By-law No. 2004-7 (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Monarch Construction - proposed Fischer Court. (By-law No. 2004-8 (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Gerald & Lisa Sailor - Morgan Avenue. (By-law No. 2004-9 (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Voisin Developments Limited - Ottawa Street South. (By-law No. 2004-10 (i) Being a by-law to amend By-law 2002-164 to delegate certain authority under the Planning and Condominium Acts. (By-law No. 2004-11 (j) Being a by-law to amend Chapter 683 of the City of Kitchener Municipal Code regarding Site Plan Control. (By-law No. 2004-12 be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. JANUARY 12, 2004 COUNCIL MINUTES -10- On motion, the meeting adjourned at 8:45 p.m. CITY OF KITCHENER MAYOR CLERK COUNCIL MINUTES JANUARY 12, 2004 -11- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE 1. That parking be prohibited at anytime on the west side of Chandler Drive from a point 25 metres south of Mowat Boulevard to a point 125m north of Mowat Boulevard; and further, That the Uniform Traffic By-law be amended accordingly. 2. That a 15 minute Loading/Unloading Zone between the hours of 8:00 a.m. to 6:00 p.m. be established on the south side of Ellen Street East from a point 40 metres west of Frederick Street to a point 35 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. That Zone Change Application ZC 03/23/F/DR to change the zoning on the subject lands from Residential Six Zone (R-6) and Residential Four Zone (R-4) with Holding Provision 32H to Residential Four Zone (R-4) with Special Regulation Provision 279R on lands legally described as Part Lots 3 & 4 Biehn's Tract, Part of Biehn's Unnumbered Tract, Part of Lots 2 Beasley's New Survey & Lot 14 RP 594, in the City of Kitchener, be approved in the form shown in the "Proposed By-law" attached to Development and Technical Services Department report DTS-03- 199, dated December 2, 2003, without conditions. It is the opinion of this Committee that approval of this application is proper planning of the City. That Council approve the preferred design and location for the Henry Sturm Greenway XV watercourse realignment, as set out in the attached Executive Summary, and that the Schedule 'B' Class Environmental Assessment Report for this project be filed with the City Clerk for the mandatory 30 day public review period; and, That consideration of Plan of Subdivision Application 30T-01205, Zone Change Application ZC 01/20/G/SV and Demolition Control Application DC 03/01/G/BS, submitted by Sunvest Development Corp., be deferred to the February 16th, 2003 Development & Technical Services Committee meeting; and, That consideration of City-initiated Zone Change Application ZC 03/22/U/BS and the Glasgow Heights Community Plan be deferred to the February 16th, 2003 Development & Technical Services Committee meeting; and further, That any recommendation arising from the Development and Technical Services Committee meeting of February 16, 2004 with respect to the above noted applications be referred for Council's consideration, to a special meeting of Council to be held that date. It is the opinion of this Committee that deferral of these applications is proper planning of the City. That zone change application ZC03/30/O/CB, to change the zoning on the subject lands (formally known as 1400 and 1450 Ottawa Street South as well as the existing Hydro One Right-of-Way, as identified on the attached Map No. 1) to remove Holding Provision 16h from those lands zoned Planned Commercial Campus Zone (C-8), be approved, in the form shown in the "Proposed By- law" attached to Development and Technical Services Department report DTS-03-206 dated December 16, 2003. It is the opinion of this Committee that approval of this application is proper planning of the City. That zone change application ZC03/14/M/CB, to change the zoning on the subject lands, legally described as Plan 959 Part Lot 15, for the City of Kitchener, from Residential Four Zone (R-4) to Residential Six Zone (R-6) with Special Regulation Provision 411R, be approved, in the form shown in the "Proposed By-law" attached to Development and Technical Services Department report DTS-03-205 dated December 15, 2003. It is the opinion of this Committee that approval of this application is proper planning of the City. COUNCIL MINUTES JANUARY 12, 2004 -12- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) That a zone change application to implement the Fairway Primary Node and Hotel/Service District Commercial designation of the subject lands, municipally known as 55 and 63 Morgan Avenue, not be considered and approved until such time as a site plan application is submitted and a Urban Design Study involving consultation between the City, the commercial property owner(s), immediately affected residential landowners and, where applicable, adjacent residential neighbourhood associations is completed to address compatibility between the subject lands and adjacent residentially zoned lands. That consideration of the following clause from Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard and Block Line Road) submitted by DGF Investments Ltd. be deferred and referred for consideration at the January 19, 2004 special Council meeting to allow traffic and sewer capacity matters to be addressed: 'That Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - DGF Investments Limited) requesting a change from Arterial Commercial (C-6), with Special Use Provision 85U, Residential Eight Zone (R-8), with Special Use Provision 175U and Residential Six Zone (R-6) to Neighbourhood Shopping Centre Zone (C-2), with revised Special Use Provision 85U and Special Regulation Provision 371R, on the lands legally described as Part Lot 1, registrar's Compiled Plan 1482, and part of reserve Block "J", Registered Plan 1329, more particularly described as parts 1, 2 and 3, Plan 58R-14266, in the City of Kitchener, be approved, in the form shown in the "Proposed By- law (A)" attached to report DTS-03-203, subject to the following: 1) That the phrase dealing with 'Access' under Clause 4 of the "Proposed By-law A" attached to Development and Technical Services Department report DTS-03-203, be amended by changing the word 'Direct' to 'Primary'; and, 2) That prior to any readings of the amending Zoning By-law, the owner shall make satisfactory arrangements with the Regional Municipality of Waterloo and the City of Kitchener for any traffic control measures that may be required; and further, 3) That the owner acknowledges that Condition 2 is requested to be satisfied within 12 months of the day of Council having approved by resolution Zone Change Application ZC 02/06/H/BS. In the event that this requirement is not fulfilled within the 12 month period, Council may consider rescinding its zone change approval.' (Dealt with under Delegations and Carried, as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of December 8, 2003) - That, subject to final approval of the 2004 budget, parking rates for Downtown surface lots be increased as follows: a) hourly parking rates be increased from $1.25 to $1.50; and, b) maximum daily rates be increased from $5.00 to $6.00; and further, That parking rates for Downtown surface lots be reviewed on an annual basis. FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of January 5, 2004) - That the adjudication of the appointed jury (comprised of Market Supervisor, Architect, Facilities Management staff, arts professionals, Council member and citizens) to award the commission of a piece of artwork for the new Kitchener Market to the proposal (Pea Pod Water Feature) by distinguished area artist Walter Gibson, be endorsed; and further, That the Mayor and City Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Walter Gibson regarding the commission, conditions of delivery and acceptance of installation of his winning entry in the Your New Kitchener Market Competition, as set out in Community Services Department report CSD-04-002. JANUARY 12, 2004 HERITAGE KITCHENER- 1. COUNCIL MINUTES -13- REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER That Heritage Permit Application HPA-2004-1V-02 (20 College Street) to demolish the remaining portion of the c.1909 building be approved; and further, That the owner be required to donate the '1909' Date Stone and Bronze Heritage Plaque to the City of Kitchener for archival purposes. (As Amended) That the legal description contained in By-law 93-43, which designates the former St. Jeromes College as being of historic and architectural significance, be amended so the designation applies only to the property municipally known as 100 Duke Street West; and further, That the reasons for designation application to c.1907 building at 100 Duke Street West not be amended. That Heritage Permit Application HPA 2004-V-01 (Lot 6, Registered Plan 58M - 230, Oregon Court) be approved to permit the construction of a single family dwelling and garage as identified in the plans submitted with the application. JANUARY 12, 2004 COUNCIL MINUTES - 14- COMMITTEE OF THE WHOLE CITY OF KITCHENER 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." ADMINISTRATIVE REPORTS - 1. Licences i) Refreshment Stand It was resolved: "That the Kitchener Minor Boys Softball Association be granted permission to operate a refreshment stand at the following locations, provided that the necessary licence is obtained, including Health and Fire: at Wilson Park on May 28-30, 2004; June 4-6, 2004; June 11-13, 2004;August 6-8, 2004; August 13-15, 2004; August 20-22, 2004 and at Woodside Park on July 17, 2004; and further, That if a rain date is required, date to be determined in consultation with Community Services and added to the licence at that time." ii) Adult Entertainment Parlour It was resolved: "That Cheryl Edwards be granted a 2004 Adult Entertainment Parlour Licence for 1412 Victoria St. N., Kitchener, (Ruby's); and, That Brad Baumbach be granted a 2004 Adult Entertainment Parlour Licence for 2271 Kingsway Dr., Kitchener, (Phoenix), for a 3-month term from January 1 to March 31,2004; and further, That Radovan Zivkovic be granted a 2004 Adult Entertainment Parlour Licence for 4-808 Courtland Ave. E., Kitchener (Taj Mahal)." iii) Adult Entertainment Parlour Attendant It was resolved: "That Chantal Dos Santos, Kelly Daughtery, Elena Baxter, Jody Parks and Amanda Smith, employed at 1412 Victoria St. N., Kitchener, (Ruby's) be granted a 2004 Adult Entertainment Parlour Attendant Licence." - and - "That Melissa Copeland, Erin Groothuis, Lisa Samms, Tracey Westfall and Nicole Gauthier, employed at 2271 Kingsway Dr., Kitchener, (Phoenix) be granted a 2004 Adult Entertainment Parlour Attendant Licence." - and - "That Fana Cepovski, employed at #4-808 Courtland Ave. E., Kitchener, (Taj Mahal) be granted a 2004 Adult Entertainment Parlour Attendant Licence." JANUARY 12, 2004 COUNCIL MINUTES -15- COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 2. CITY OF KITCHENER Reqion of Waterloo By-law - Smokinq in the Workplace Council considered a request from the Regional Municipality of Waterloo asking area municipalities for agreement, in principle, to the process concerning commencement of public consultation regarding smoking in the workplace, as outlined in Regional report CR-RS-03-046/PH-03-060 (Smoking in the Workplace), dated November 15, 2003. The recommendation before the Committee was amended to better reflect the intent of the Region's request. It was resolved: "That the City of Kitchener agrees, in principle, to the process outlined in Regional Municipality of Waterloo report CR-RS-03-046/PH-03-060, dated November 15, 2003, concerning commencement of a public consultation regarding smoking in the workplace." Committee of Adiustment Decision - Deferred Matters Dealt with under Delegations. Phase I Forensic Audit - Kitchener Minor Soccer Council considered a recommendation arising from direction given to staff at the in- camera meeting held on January 5, 2004. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk advised that staff have requested a change in wording to the recommendation to delete the phrase 'for Phase 2' and replace it with 'for the second part of Phase 1 '. It was resolved: "That an expenditure not to exceed $15,000 for the second part of Phase 1 of the forensic audit of Kitchener Minor Soccer being conducted by KPMG, be approved." Various Tenders Dealt with under Delegations. Appointment of Reqional Fire Co-ordinator Council was in receipt of correspondence from G. Thompson, CAO, Regional Municipality of Waterloo, dated December 22, 2003, requesting consent to the recommended appointment of the Fire Chief. It was resolved: "That Council endorse the appointment of Fire Chief Rob Browning as Regional Fire Co-ordinator for a term effective January 1,2004 to December 31,2006." Request to Sell Food and Souvenirs - Anqels Softball Club Council was in receipt of Corporate Services Department report CRPS-04-002 (J. Koppeser), dated January 5, 2004. It was resolved: "That the request of the Angels Softball Club to sell food and souvenirs during their tournament at Peter Hallman Ball Yards on June 20, 21 and 22, 2004, be granted JANUARY 12, 2004 COUNCIL MINUTES -16- COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 7. 10. CITY OF KITCHENER Request to Sell Food and Souvenirs - Anqels Softball Club - (Cont'd) subject to obtaining the necessary licence, which includes Health and Fire approvals; and further, That the Special Event licence fee of $25.00 be applicable." Letter of Understandinq - Terastar (Sportsworld Inc.) Dealt with under Delegations. Host Aqreement - 2006 World Junior Hockey Championships Council was in receipt this date of Community Services Department report CSD-04-005 (K. Baulk), concerning execution of an agreement. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, requested that wording of the recommendation be revised to authorize both the Mayor and Clerk to sign the agreement. It was resolved: "That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to sign the event Hosting Agreement for the 2006 World Junior Hockey Championships, as attached to Community Services Department report CSD-04-008." Amending By-laws - Revisions to Municipal Code, Chapter 683 (Site Plan Control) re: Draft Plan of Subdivision and Draft Plan of Condominium Approvals and Revisions to By-law 2002-164 - Deleqation of Authority for Site Plan Approvals Council was in receipt this date of Development and Technical Services Department report DTS-04-008 (L. Masseo), concerning adoption of by-laws to delegate approval authority as a result of recent re-organization. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, requested that the associated by-laws be given first and second readings and stand referred to Council this date for third reading. It was resolved: "That the following "Proposed By-laws" attached to Development and Technical Services Department report DTS-04-008, be adopted: · Amendment to By-law 2002-164 to appoint the Manager of Design and Development as the primary approval authority for Draft Plan of Subdivision and Draft Plan of Condominium Approvals, with the Director of Planning as the alternate; and, · Amendment to Chapter 683 of the City of Kitchener Municipal Code, to appoint the Facilitator of Urban Design and Development or the Manager of Design and Development as the approval authorities for Site Plan Approval, with the Director of Planning as the alternate; and further, That the above by-laws be read a first and second time and stand referred to Council this date for third reading." COUNCIL MINUTES JANUARY 12, 2004 -17- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 11. Wilfrid Laurier University Partnership - Preliminary Estimate for Purchase of the Former St. Jerome's Hiqh School Site Council was in receipt this date of Community Services Department information report CSD-04-006 (F. Pizzuto), concerning Wilfrid Laurier University's (WLU) conditional offer to purchase the former St. Jerome's High School site. Mr. F. Pizzuto, General Manager of Downtown Development and Community Services, advised that staff have been working with WLU toward endorsement of a partnership that would result in the Faculty of Social Work moving to Downtown Kitchener on the former St. Jerome's site. A preliminary investigation of building structures has been completed and Mr. Pizzuto advised that WLU is requesting the City contribute $6.5M toward purchase and renovation of the buildings. He pointed out that further consultation with WLU to define parameters of the City's investment will take place and provided specific timelines for additional information to come forward for Council's consideration. In response to a question from Councillor J. Gazzola, Mr. F. Pizzuto advised that this was the first occasion that financial information respecting the proposed partnership has been tabled. He further advised that a complete business case will be presented for consideration at the January 19, 2004 Finance and Corporate Services Committee meeting.