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HomeMy WebLinkAboutPlng & Econ Dev - 1995-10-16PED\1995-10-16 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 16, 1995 CITY OF KITCHENER The Planning and Economic Development Committee met this date commencing at 3:08 p.m. under Councillor C. Weylie, Chair, with the following members present: Mayor R. Christy and Councillors John Smola, K. Redman, B. Vrbanovic, G. Lorentz, J. Ziegler, M. Wagner and Jake Smola. Councillor T. Galloway entered the meeting after its commencement. Officials present: Ms. V. Gibaut, Ms. C. Ladd, Ms. L. MacDonald, Ms. J. Dean and Messrs. T. McKay, T. McCabe, B. Stanley, T. Boutilier, D. Mansell, J. Willmer, T. Clancy, B. Arnot and L.W. Neil. ECONOMIC DIVISION - UPDATE OF ACTIVITIES Ms. V. Gibaut gave a presentation to the Committee which is appended to and forms part of these minutes. In her report, she commented on the business retention and business attraction activities of the Economic Division given its reduced staff complement. As well, comments were made on the recent passport to success event, increasing optimism of businesses and the role of the provincial government in promoting an attractive business investment climate. Councillor T. Galloway entered the meeting at this point. PD 95~98 - LANEWAY BETWEEN LOUISA STREET & WELLINGTON STREET, WEST OF MOORE AVENUE BETWEEN 37 & 43 MOORE AVENUE - LANE CLOSURE APPLICATION LA 951051MIJW - MR. BRUCE HAUSER - BRIDGEPORT-NORTH WARD The Committee was in receipt of Planning and Development Staff Report PD 95/98 dated October 11, 1995 regarding a proposed lane closure. It was noted in the report that Mr. Bruce Hauser who owns two parcels of land interior to the block bounded by Moore Avenue, Wellington Street, King Street and Louisa Street has requested the closure of that portion of the lane which leads from Moore Avenue to his lands and extends to the retaining wall 80 metres west of Moore Avenue. The lane in question runs westerly off of Moore Avenue between 37 & 43 Moore Avenue. It was noted that the purpose of the application is to allow for Mr. Hauser to consolidate title of lands on both sides of the lane and give public street frontage to the lands which are then intended to be developed with a triplex. The owners of 37 & 43 Moore Avenue have requested that they retain right-of-way for access from Moore Avenue to their parking areas. Mr. T. McCabe advised that staff had nothing further to add to the report other than to request that condition #2 granting an easement in favour of Bell Canada be revised to also grant such easement to Rogers Cablesystems. Mr. B. Clarkson, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of Mr. B. Hauser who owns land on both sides of the proposed lane closure. He commented on the purpose of the application and advised that his client concurs with the staff recommendation and the minor revision for an easement that was requested this date. No other delegations were registered regarding this matter. The recommendations in the staff were then considered and it was agreed to revise condition #2 to include reference to an easement in favour of Rogers Cablesystems. On motion by Councillor John Smola - it was resolved: "That Lane Closure Application LA 95/05/M/JW be approved in principle, and that the Legal Department and General Services and City Clerk's Department be instructed to proceed with the ordering of a reference plan, preparation of a By-law and necessary advertising in the local newspaper for the closing of an approximately 364 square metre portion of the unnamed lane leading west off Moore Avenue between the properties addressed as 37 and 43 Moore Avenue, as shown generally on Map A attached. Title of the land is to be conveyed in its entirety to Bruce Hauser, owner of lands abutting the lane, subject to the following conditions: PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 16, 1995 - 161 - CITY OF KITCHENER PD 95~98 - LANEWAY BETWEEN LOUISA STREET & WELLINGTON STREET, WEST OF MOORE AVENUE BETWEEN 37 & 43 MOORE AVENUE - LANE CLOSURE APPLICATION LA 951051MIJW - MR. BRUCE HAUSER - BRIDGEPORT-NORTH WARD (CONT'D) That a reference plan be completed and deposited prior to the passing of the lane closure by-law. That an easement be granted in favour of Bell Canada and Rogers Cablesystems for the existing facilities located on that portion of the lane to be closed, and that the purchaser be responsible for all costs related to the granting of said easement. That rights-of-way be granted, in perpetuity, in favour of the owners of properties addressed as 37 and 43 Moore Avenue for the purpose of access from Moore Avenue. That the existing street light located on the lane be removed, at the cost of the purchaser prior to the land transfer. That the 3urchaser pay fair market value as determined by the City's Land Purchasing Officer, for that part of the lane to be closed. That the purchaser be responsible for all the costs related to survey, legal, registration and advertising associated with the closure of the lane." PD 95/104 - SAFE CITY COMMITTEE - TERMS OF REFERENCE The Committee was in receipt of Planning and Development Staff Report PD 95/104 dated October 13, 1995. The report sets out the recommended Terms of Reference for the Kitchener Safe City Committee and background leading to the recommendation. Mr. B. Stanley reviewed the background relating to the issue and noted that Management Committee and the Downtown Advisory Committee on October 3 and 12th respectively had considered and endorsed the proposed Terms of Reference. It was noted in the report that as part of the Downtown Community Strategic Plan, a Safety Committee was formed. Ms. Julie Dean, as a member of the Committee, introduced members who were attending this date being: Lori Gove, Nancy Brawley, Trudy Beaulne and Karen Taylor- Harrison. Ms. Rita Westbrook was unable to attend the meeting this date. She commented on the main role of the Committee which was to bring together groups with an interest in a safe city and with this community emphasis in mind, she noted that the number of City Councillors proposed in the Terms of Reference had been limited to a maximum of two. Councillor Karen Redman expressed concern with respect to a number of individuals sharing task responsibilities for the Committee. Ms. Dean advised that the Committee had recommended a full- time person assume such responsibility rather than the recommendation that was before the Committee this date. She pointed out that the Federation of Canadian Municipalities was expected to publish a document in December to assist communities in taking on crime prevention activities and the Safe City Committee would be looking for staff support on working groups in this regard. Councillor Redman confirmed her understanding that staff involvement would be on an "adhoc" basis as required in areas of particular expertise. Mr. B. Stanley commented that while it was desirable to have a full-time Safe City Coordinator, this was unrealistic given budget limitations. He noted that the Safe City Committee had been modeled in a like role to that of the Environmental Committee in which he would play a lead role in consultation with the Chairman and arrange for provision of required secretarial backup along with input from a designated staff study group. He pointed out that it was his view the format has proven effective for the Environmental Committee and it should be in the case of the Safe City Committee. Further, he commented that the 25% dedicated to the Committee for a Safe City Coordinator from an existing position within the Planning Department definitely 3. PD 95/104 - SAFE CITY COMMITTEE - TERMS OF REFERENCE (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 16, 1995 - 162 - CITY OF KITCHENER provides greater input for the coordination than what was available to the Environmental Committee and should ensure success. Councillor M. Wagner suggested that the delegation make a presentation on their work to the Mayors Advisory Council on Seniors and noted that it was his expectation they would receive a good response from that group. Councillor T. Galloway commented that the staffing issue was the same one that the Environmental Committee has encountered. He suggested that through the budget process the City may wish to consider the provision of additional resources by jointly addressing the Safe City and Environmental staff support since they are both community based initiatives. Councillor Galloway expressed concern with Section 4 of the Terms of Reference regarding the Membership Review Subcommittee and their activities. Mr. T. McKay advised that Section 4 had been substantially rewritten and it was his understanding the wording is agreeable to the City Clerk and City Solicitor. He suggested members of Council advise of a list of profiles preferred from prospective applicants applying for appointment to the Committee. Councillor M. Wagner referred to Section 3.1 (a) of the Terms of Reference and asked that figures relative to personal safety, crime and violence prevention initiatives be obtained as a bench mark for future comparative reference. Ms. T. Beaulne pointed out that often the meaning of statistics was somewhat questionable and that there were many other aspects to the entire subject of community safety and perceptions in that regard. On motion by Councillor J. Ziegler - it was resolved: "That Kitchener City Council adopt the Kitchener Safe City Committee Terms of Reference, as endorsed by the Kitchener Downtown Advisory Committee at their meeting of October 12, 1995, outlined hereunder: KITCHENER SAFE CITY COMMITTEE TERMS OF REFERENCE MISSION STATEMENT: OUR MISSION IS TO MAKE KITCHENER LOOK, FEEL AND BE SAFER. 1.0 Goals of the Safe City Committee 1.1 To develop and strengthen municipal policies and programs relating to personal safety, crime prevention and violence, and to ensure that safety concerns are incorporated into relevant municipal and regional documents, policies and decision-making 1.2 To establish partnerships between the community, government, local agencies and organizations,, police services and citizens to promote safety and crime prevention. 1.3 To research, develop and deliver public education programs which promote the personal safety of all individuals and their communities. 1.4 To work with communities to develop and undertake activities on safety and to develop strategies to address specific problems. 1.5 To liaise with national, provincial and Waterloo Regional Crime Prevention Councils as well as the Safe City Committees in other Ontario municipalities on research and initiatives related to public safety and crime prevention. 3. PD 95/104 - SAFE CITY COMMITTEE - TERMS OF REFERENCE (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 16, 1995 - 163 - CITY OF KITCHENER 1.6 To advise City Council, or the appropriate Standing Committee of Council, on strategies that can help prevent crime and enhance public safety. 2.0 Access to City Resources 2.1 A coordinator appointed by City staff in partnership with the Membership Review Subcommittee, shall act as the principal resource person to the Safe City Committee and to assist the Co-Chairs, Committee members, staff and Working Groups to organize their work plans and implement recommendations. 2.2 City staff resources will, subject to availability, be assigned to provide outreach and assist in developing communities' responses to violence and crime prevention and to provide support to existing community-based groups and agencies. 2.3 An interdepartmental Resource Group will be struck consisting of staff from Planning and Development, Parks and Recreation, Public Works and Transit (and other departments as required) whose responsibilities will include regular reports to the Safe City Committee and the implementation of Safe City Committee initiatives including Safety Audit recommendations. The Interdepartmental Resource Group will report to the Safe City Committee through its chairperson. 2.4 The chairperson of the Resource Group will be selected by the Resource Group in consultation with the Safe City Committee. 2.5 A budget that reflects the activities of an annual Safe City Committee work plan be submitted annually to Council for approval and administered by the Department of Planning and Development. 2.6 The Safe City Committee will have access to Marketing and Promotional staff and resources to produce public education materials. 3.0 Membership of the Safe City Committee and Coordinator 3.1 Members and Coordinator should: (a) be actively involved in personal safety, crime and violence prevention initiatives. (b) demonstrate understanding of the Safe City Committee's mission, and a commitment to the goals of the Safe City Committee. (c) contribute to the Safe City Committee. 3.2 The Safe City Committee will be composed of no less than 8 members and no more than 12 members and will seek to have representation from people who have background in the following areas: City council (maximum of two) Educational institutions The business community Community organizations, neighbourhood groups, and the community at large Representatives from Waterloo Regional Police Division 3) Regional Crime Prevention Council social agencies (Division 1 and 3.3 Members will serve for an initial term of one year which can be renewed. 3. PD 95/104 - SAFE CITY COMMITTEE - TERMS OF REFERENCE (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 16, 1995 - 164 - CITY OF KITCHENER 3.4 The Committee shall annually choose a chair and co-chairperson from amongst their members. 3.5 The Safe City Committee will create Working Groups and Subcommittees on an ad-hoc basis and set terms of reference as required which will include decision-making by consensus. 3.6 The Working Groups will report directly to the Safe City Committee. 3.7 The Safe City Committee has the right to request Council to review appointments and replace members on the basis of nonattendance. 3.8 Agencies, organizations and/or community groups may assign a non-voting designated alternate to attend meetings. 4.0 Membership Review Subcommittee 4.1 The Membership Review Subcommittee will consist of three (3) members of the Safe City Committee who represent a cross-section of the community and are not up for nomination in the present year. 4.2 The Membership Review Subcommittee will review letters of application received by City Clerks for membership to the Safe City Committee and will provide written comments to City Council to assist it in effecting the appointments. 5.0 Meetings 5.1 Meetings will be held monthly or as called by due notice. 5.2 Minutes will be kept of each meeting with secretarial services provided by the Department of Planning and Development. Minutes will relate only to actions required and documentation of major outstanding concerns or issues. 5.3 Quorum for meetings will be 50% plus one. 5.4 Meetings of the Safe City Committee will be open. 6.0 Ongoing Evaluation 6.1 The goals of the Safe City Committee will be reviewed annually and any revisions ratified by Council. That the Kitchener Safe City Terms of Reference as approved by City Council be incorporated into the City of Kitchener Policy Manual." 4. UPDATE ON AMENDMENTS TO THE PLANNING ACT Mr. T. McCabe provided the Committee with a verbal update on the anticipated activities of the new provincial government with regard to proposed amendments to the Planning Act. It was his understanding that the government is carrying out a priority review of the Act and will propose major and immediate changes to Bill 163. Also, it appears municipalities will receive greater empowerment to approve planning matters in conjunction with streamlining of various approval processes. He noted that the government intention is to provide for a better balance of economic issues with environmental and social planning issues and meetings in this regard were being held with stakeholder groups. Mr. McCabe advised that the Chief Planners group within the Association of Municipalities of Ontario has proposed greater community based approval authority for larger municipalities with 4. UPDATE ON AMENDMENTS TO THE PLANNING ACT (CONT'D) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE MINUTES OCTOBER 16, 1995 - 165 - CITY OF KITCHENER the result that regional municipalities would no longer be an approval authority but rather would assume an appeal role if local plans were contrary to regional plans. The intent of the changes is to provide for more accountability at the local level. In addition, much of the previous regulation documentation will likely become guidelines rather than legislated. In response to other questions, Mr. McCabe advised that with the passing of new legislation the government would allow for a transition period to accommodate the changes and that previously approved policy statements would likely remain intact. On the matter of Planning Department functions, Mr. McCabe strongly supported development approval resting with the local Council but agreed that there was a role for the regional government to play in the development of long range growth strategies. Further, he stated that Kitchener could provide shared services to Townships for more technical aspects relating to planning matters. 5. PD 95/105 - WEST SIDE STUDY MUNICIPAL PLAN AMENDMENT - UPDATE ON BYLAW The Committee was in receipt of Planning and Development Staff Report PD 95/105 dated October 12, 1995. It was pointed out in the report that its purpose was to provide an update regarding the status and processing of Amendment No. 1 to the Kitchener Municipal Plan - West Side Study. The Committee was advised that two matters have delayed the placing of the bylaw to implement the Amendment before City Council being: the status of Select Sand and Gravel lands and the servicing potential of certain lands in Phase 3 of the Laurentian West Community. Mr. T. Boutilier advised the Committee that in June 1994, City Council had directed staff to undertake a number of activities with regard to the West Side Study. Consequently, passing of the bylaw has been delayed. Firstly, staff were requested to meet with Select Sand and Gravel to resolve issues. He noted that in August 1994, Select Sand and Gravel tabled a plan which was referred to the Ministry of Natural Resources and approved in April 1995. Secondly, the bylaw has been delayed because of a request received from other landowners suggesting that an alternative engineering method was now available that would alter the previous unserviceable designation of their land. Staff were of the view that the landowners should have the opportunity to present any new information they may have regarding the servicing of this area. Accordingly, direction was being requested that staff not place the bylaw before City Council until this land designation issue has been clarified. Mr. Boutilier noted that the Region is considering its Official Plan and it has deferred the lands in question to allow for the discussions to take place. Councillor T. Galloway expressed concern with the delay and noted that the City went through an extensive Laurentian West Community Plan review process involving the same objection and questioned how it was possible for land contours to have changed and why landowners had not made representations two years ago. Mr. Boutilier commented that it was staffs intent to report on this matter before the end of October in the interests of avoiding an objection to the Ontario Municipal Board and subsequent necessity for a Hearing. On motion by Councillor John Smola - it was resolved: "That Planning Staff be directed not to place the Bylaw adopting Municipal Plan Amendment No. 1 (West Side Study) before City Council for approval until Staff, including Public Works, have had the opportunity to further review the feasibility of providing sanitary sewer services to certain lands within Phase 3 of the Laurentian West Community." 6. ADJOURNMENT On motion, the meeting adjourned at 4:03 p.m. L.W. Neil, AMCT Assistant City Clerk