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HomeMy WebLinkAboutCouncil Minutes - 2004-06-14COUNCIL MINUTES JUNE 14, 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 Michelle Dushesne, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held May 17, 2004 and special meetings held May 17 and June 7, 2004, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE- (a) Letter dated May 7, 2004, from Ross MacLeod, Director General - Programs, Industry Canada, acknowledging receipt of Council's resolution regarding the Community Access Program. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tender listed on the Committee of the Whole agenda. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That Tender T04-030, Closed Circuit TV Inspection of Gravity Sewers, be awarded to American Water Services Underground Infrastructure Corp., Stoney Creek, Ontario at their tendered price of $148,837., including a contingency of $15,000., G.S.T. & P.S.T." Carried. Mr. Jason Hammond, Co-Director of Business, and members of the Midnight Sun Solar Race Team attended to introduce their newest solar car, Midnight Sun VII, and to announce the Team's participation in a 19,000 km North-American Tour during August to September 2004. Mr. Hammond advised that the Team will attempt to break the world record for distance travel using a solar car. He added that the Team focuses on promotion of sustainable energy for the future and will use the tour as a teaching tool in major cities along the tour route. Council was in receipt this date of Corporate Services Department report CRPS-04-106 (J. Koppeser), dated June 9, 2004 which provides additional information with respect to Clause 5 of the Finance and Corporate Services Committee report dealing with two separate appeals for permission to locate hot dog carts at 176-A and 177 Hayward Avenue. Mr. Brian Power, appellant, attended in support of his appeal for permission to locate a hot dog cart at 177 Hayward Avenue. Mr. Power responded to a number of questions, noting that he owns the property in question and is of the opinion that there is sufficient room for all traffic customers, including trucks, to be accommodated on site. He also agreed to meet with staff to provide evidence that customer traffic can be accommodated on site and indicated he was willing to accept a trial period for the purpose of testing viability of the operation. Councillor J. Gazzola pointed out that Traffic staff have indicated that they did not receive sufficient information from the second appellant. He suggested that the matter be deferred for one week to allow additional information to be obtained from both appellants as requested by Traffic staff and to provide an opportunity for both appellants to be present prior to a decision being made. Councillor G. Lorentz requested that the deferral provide that any decision resulting from subsequent discussion be ratified at a special Council meeting the same date. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That Clause 5 of the Finance and Corporate Services Committee report of this date be deferred and referred to the June 21, 2004 Finance and Corporate Services Committee meetinq to allow additional information to be obtained from both appellants as requested by Traffic staff, with any recommendation arising therefrom being considered at a special Council meeting that date." Carrried. JUNE 14, 2004 COUNCIL MINUTES - 211- CITY OF KITCHENER Mr. Andrew Dierickse attended on behalf of area residents in support of Clause 9 of the Development and Technical Services Committee report (meeting of June 7, 2004), dealing with refusal of an application submitted by Habitat for Humanity Waterloo Region to modify the draft approval of Plan of Subdivision 30T-92010 (Tagge Crescent). Mr. Dierickse advised that the intent of the modification is to increase the number of lots from 14 to 20 allowing 8 single-detached and 12 semi-detached homes to be built. He stated that area residents strongly oppose the new plan as it will negatively impact the character of the neighbourhood and add to existing traffic problems associated with the bridge at Bridge and Lancaster Streets. He acknowledged that construction of the additional lots will be restricted until traffic issues are resolved; however, he noted that approvals could take up to 6 to 8 years before the development is completed, leaving the lots vacant for a considerable period of time. Mr. Trevor Unruh, Board Chair and Ms. Pat McLean, Habitat for Humanity Waterloo Region and Mr. Douglas Stewart, Planning and Engineering Initiatives, appealed to Council to reverse its decision and base its decision on planning principles rather than on social issues. Mr. Unruh stated that the homes would be designed in an attractive manner to fit in with the neighbourhood and traffic should not be a concern as the additional lots would not be built on until traffic issues are resolved. He advised that Habitat was willing to make further concession regarding the type of homes to be built. In response to Councillor J. Gazzola, Mr. Unruh advised that he could not agree to construct single detached homes on two lots proposed with semis having back yards facing front yards without further consultation with his colleagues. He agreed, however, that an agreement could be entered into with respect to maintenance of the vacant lots. Councillor B. Vrbanovic raised concern with respect to the process of consultation with area residents, suggesting that not enough dialogue has taken place. Mr. Unruh responded that a public meeting was held in addition to numerous meetings with individuals to respond to neighbourhood concerns. Mr. Douglas Stewart commented that the proposed change not only complies with, but goes beyond, the requirements of the City's Zoning By-law. He stated that the concept design is compatible with existing development and residents were contacted prior to the application being submitted to attempt to deal with issues of concern at the outset. Mr. Stewart suggested that the focus of Council's decision should be on the issue of whether or not the application meets planning requirements. Mr. Unruh added that the Habitat Board is frustrated with having to go beyond what is expected under normal circumstances. Councillor G. Lorentz stated that in his opinion, Habitat has a responsibility to resolve issues pertaining to their development prior to requesting a decision of Council and suggested that they consider further consultation with area residents to resolve issues of concern. Mr. Craig Dubecki, area resident, attended in support of Clause 9 of the report, commenting on issues of safety related to traffic congestion in the area of Bridge Street and resulting inadequate emergency response times. He pointed out that development on the east side of the bridge has been restricted because of traffic problems and accordingly, suggested that the proposed expansion on Tagge Crescent should not be supported. Mr. Richard Maas, area resident, attended in support of Clause 9 of the report and encouraged Council to maintain its decision to refuse the application. He stated that residents expected, and are in favour of, construction of 14 detached homes. He voiced concerns regarding impact to housing values and the ability of the new proposal to fit in with the character of the neighbourhood. On motion by Councillor C. Weylie, seconded Development and Technical Services Committee forward for consideration. by Councillor M. Galloway, Clause 9 of the report (meeting of June 7, 2004) was brought Councillor J. Smola commented that if the modification plans proceed, one third of the development would remain vacant for an unspecified period of time pending the resolution of traffic issues. He suggested that this would be unacceptable to both residents and the City as it would lead to problems associated with maintenance of the vacant lots. Councillor B. Vrbanovic advised that he was not satisfied that sufficient consultation had taken place with area residents and requested that the matter be deferred pending further consultation among all parties. He further requested that Mr. Larry Masseo, Manager of Design and Development, assist in co-ordinating this process. COUNCIL MINUTES JUNE 14, 2004 - 212- CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Clause 9 of the Development and Technical Services Committee report be deferred and referred to the June 29, 2004 Council meetinq to allow the parties involved an opportunity to resolve outstanding issues of concern." Carried. Council was in receipt this date of Strategic Services Department report SSD-04-026 (C. Ladd), dated June 9, 2004 concerning the Economic Development Investment Fund Implementation Strategy. Council was also in receipt of Community Services Department report CSD-04-111 (F. Pizzuto), dated June 9, 2004 and attached Business Case 'Phase I), concerning an initiative to partner with the University of Waterloo to locate a School of Pharmacy and Health Sciences Campus in the Downtown. Ms. C. Ladd, General Manager of Strategic Services and Economic Development, presented details on the steps to effective implementation of the Investment Fund. The intent is to reinforce commitment to the fund by ensuring expertise, resources and accountability to manage each initiative in a timely, cost effective manner. Management of the fund will be conducted within a paced agenda, with regular recording of projects, development of detailed business cases, comparisons to define objectives and public consultation. Ms. Ladd outlined the status of various projects for which funds have been committed and advised that approximately $86 M remains in the Investment Fund to be allocated on a project specific basis, subject to completion and consideration of detailed business plans. Ms. P. Houston, General Manager of Financial Services and City Treasurer, reviewed details of the Investment Fund Strategy. She noted that the fund provides approximately $11 M per year over the next 10 years and individual projects must be prioritized each year to maintain the tax levy impact. She pointed out that it may be necessary to fund more projects in the first half of the 10-year period and different forms of debenturing may be used to accommodate cash flow. The overall goal is to balance the tax levy impact with cash flow needs. Mr. F. Pizzuto, General Manager of Community Services, presented details of the University of Waterloo's proposal to locate a Downtown campus on the former Epton site. He pointed out that the City is in a good position to become part of an education, knowledge creation cluster with two University initiatives under consideration; the second being with Wilfred Laurier University for a Faculty of Social Work. Phase I of the University of Waterloo proposal includes a School of Pharmacy and a Family Medicine Teaching Centre, with long term plans to include an optometry clinic; training of medical and health professionals in health sciences; and educational opportunities in a variety of other disciplines. He advised that in order for the initiative to proceed the City is required to provide a $30 M grant and donation of land on the former Epton site to the University by the end of June 2004. The City's commitment will assist the University in its effort to gain Ministerial approval to proceed with the project. Mr. Pizzuto advised that report CSD-04-111 is being tabled this date to allow the information to be reviewed by Council prior to full consideration at the June 29 Council meeting. Mr. David Johnston, President, University of Waterloo, advised that it is anticipated the project will have an annual return on investment of approximately $30 M and attract spin-off development from the private sector. He stated that the commitment of funding and land requested of the City is critical to obtaining approvals from the Ministries of Health and Training, Colleges and Universities. He thanked the City for its support to date and expressed the opinion that the creation of the Downtown campus is good strategic investment for the future of this community. Dr. Joe Lee attended to provide information regarding the proposed Family Medicine Teaching Centre. He advised that he is part of a local group of doctors negotiating to participate in training medical students and family medical residents from McMaster University and the University of Western Ontario. The Centre will be a teaching and research facility, as well as provide clinical care for Kitchener residents. Mr. Robert Milligan attended to raise concerns with respect to the University of Waterloo's proposal, commenting on todays reliance / over-use of medical products and risks inherent in bio-technology research. He asked that consideration be given to the rising costs of health care and suggested more should be done to encourage use of natural health products. COUNCIL MINUTES JUNE 14, 2004 - 213- CITY OF KITCHENER Councillor J. Gazzola expressed concern with the Business Case, commenting that it did not provide any new information and lacked information with respect to participation of senior levels of government. He expressed the opinion that the project goes beyond the scope of local government and could not support spending $30 M on the basis of the Business Case. Messrs. F. Pizzuto and D. Johnston responded, advising that the Business Case has confirmed many of the benefits to be realized, including an annual return of $30 M and long term growth. The document will also be used by the University to present its case to the Province. Councillor M. Galloway commented that it is important to look beyond the initial investment and understand the importance of spin-off development that this project will bring over the long term. At the request of Councillor Galloway, Councillor J. Gazzola agreed to provide a listing of the information that he would like to see in the report so that it can be reviewed prior to full consideration at the June 29 Council meeting. In response to Councillor J. Smola, Ms. C. Ladd advised that the Economic Development Advisory Committee will have opportunity to comment on the reports tabled this evening prior to final consideration by Council. Mayor C. Zehr expressed the opinion that the Business Case is sound and while a substantive commitment is required, he pointed out that the commitment is conditional on approval by the Province before the project will proceed. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Strategic Services Department report SSD-04-026, Economic Development Investment Fund Implementation Strategy, be received for information; and further, That presentation of the business plan for the proposed new main branch of the Kitchener Public Library be deferred and referred to the Finance and Corporate Services Committee meetinq of September 13, 2004." Carried, Unanimously. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Community Services Department report CSD-04-111, Downtown Kitchener Campus of University of Waterloo - Commitment of Funding and Lands, be tabled this date and stand referred to the June 29, 2004 Council meeting for full consideration." Carried. Council was in receipt this date of Development and Technical Services Department report DTS-04- 098 (addendum to report DTS-04-079 - L. Masseo), dated June 9, 2004 relative to the Development and Technical Services Committee report (meeting of May 10, 2004) dealing with zone change application ZC 04/07/F/CB, as submitted by Marko Sandalj for properties located at 537 and 547 Frederick Street and 120 Anne Street. The report provides details respecting the outcome of a meeting held on June 2, 2004 with all interested parties to the application. It is noted for the record that an e-mail transmission was received in the Office of the City Clerk, dated June 11, 2004, from Mike and Liz Forte, area residents, asking that their objection be noted to any change in the agreement arrived at on June 2, 2004 and their preference for the present zoning to remain rather than add any element of permitted uses to the proposed zoning amendment by-law dated June 7, 2004. Messrs. Joe Saulier, resident, and Michael Bean, neighbourhood representative, attended with regard to the May 10 Development and Technical Services Committee report to raise objection to a request of Mr. Sandalj, as outlined in report DTS-04-098, to add "multiple residential" to the list of permitted uses in the proposed zoning amendment by-law. The delegations advised that this was not part of the agreement reached at the meeting held on June 2, 2004. Mr. Bean suggested that if the Agreement of Purchase and Sale pertaining to the zone change application does not proceed and other uses for the property are desired, a new application should be submitted for appropriate evaluation. Mr. Marko Sandalj attended in support of his request to add the additional use, advising that if he proceeds with the re-zoning as proposed he would lose the "multiple residential" use. He stated that he has had difficulty obtaining the required Record of Site Condition and is making every attempt to COUNCIL MINUTES JUNE 14, 2004 - 214- CITY OF KITCHENER resolve the issue to ensure the Offer to Purchase proceeds. He advised that in the event the Offer does not proceed, he would like the opportunity to consider a mixed-use development. Councillor J. Smola requested that in the event it becomes necessary for a new application to be submitted, staff be directed to waive the application fee. Mr. L. Masseo advised that the proposed by- law could not be adopted this date as the required Record of Site Condition has not been received. He suggested that the recommendation to approve the re-zoning, as agreed to on June 2, could be approved and once the Record of Site Condition is obtained, Mr. Sandalj would be able to provide it along with Council's resolution to the prospective purchaser. If the deal still did not close, he advised that the parties could then request the City Clerk not to proceed with adoption of the zoning amendment by-law. In this instance, the property would retain its current residential zoning and if necessary, Mr. Sandalj could then proceed to submit a new application. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the report of the Development and Technical Services Committee (meeting of May 10, 2004) be adopted, as amended, to revise the date of the Proposed By-law from May 6 to June 7, 2004 and to provide that the application fee be waived in the event an existing Agreement of Purchase and Sale respecting Zone Change application ZC 04/07/F/CB does not close and Mr. Marko Sandalj submits a new application." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee (meeting of June 7, 2004) be adopted." Voted on Clause by Clause Clause 9 - Dealt with under Delegations and deferred and referred to the June 29, 2004 Council meeting for further consideration. Balance of Report - Carried Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Council was in receipt this date of correspondence dated June 11, 2004 from Ms. Kris Fletcher, Regional Clerk, Region of Waterloo, concerning Clause 2 of the Community Services Committee report dealing with a Municipal Class Environmental Assessment Study of a Pedestrian/Cyclist Crossing of Highway 401 (near Homer Watson Boulevard). Mayor C. Zehr advised that Regional Council has agreed to continue negotiations relative to capital contributions, ownership and maintenance of the pedestrian/cyclist bridge in response to concerns raised by Kitchener Council. At the request of Councillor M. Galloway, Clause 2 (3) of the report was voted on separately and Carried, with Councillor M. Galloway voting in opposition. The Community Services Committee report was then voted on clause by clause. Clause 2 (3) - Carried. Balance of report - Carried Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." COUNCIL MINUTES JUNE 14, 2004 - 215- CITY OF KITCHENER Council was in receipt this date of a document entitled "Summary of Phase-In of Rates" concerning Clause 7 of the Finance and Corporate Services Committee report, dealing with implementation of proposed residential and non-residential development charges. At the request of Mayor C. Zehr, it was agreed to delete the third paragraph of Clause 7 as the submission from staff satisfies the request outlined therein. The Finance and Corporate Services Committee report was then voted on clause by clause. Clause 5 - Dealt with under Delegations and Carried, as Amended Clause 7 - Carried, As Amended Balance of report - Carried Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Councillor M. Galloway requested that staff report by no later than the June 29, 2004 Council meeting regarding development of a policy to deal with an administrative process for placement of items on caucus agendas. Councillor C. Weylie commented that Council has conflicted with staff recommendations on a number of planning applications because of concerns raised by area residents with respect to in-fill development. She asked that staff review planning policies relative to densities and in-fill development and report to the June 21, 2004 Development and Technical Services Committee as to what, if any, revisions should be made to policies to strike a more balanced approach to development within area neighbourhoods. Councillor M. Galloway requested that staff provide an explanation of the tendering process for retainment of outside legal services. Mayor C. Zehr advised that Legal Services staff is in the process of preparing a report for future consideration of the Finance and Corporate Services Committee to deal with issue. At the request of Mr. R. Gosse, Director of Legal Services and Deputy City Clerk, it was agreed to add two additional by-laws for three readings this date. The first relates to Clause 1.A of the Development and Technical Services Committee report (meeting of June 7, 2004) dealing with Municipal Plan Amendment MP 03/07/L/KS (233 & 265 Lawrence Avenue); and the second relates to Zone Change application ZC 03/18/K/DR (2600 King Street East and 1191 & 1221 Weber Street East) as approved by Council on February 23, 2004. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for the establishing and laying out of part of Snowdrop Crescent as a public highway in the City of Kitchener. (b) To further amend By-law No. 2000-159, 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 close and retain part of the public highway known as Johnston Street in the City of Kitchener. (d) Being a by-law to close and retain part of the public highway known as Huron Road in the City of Kitchener. (e) Being a by-law to change the name of Biehn Drive to Old Huron Place in the City of Kitchener. COUNCIL MINUTES JUNE 14, 2004 - 216- CITY OF KITCHENER (f) Being a by-law to change the name of Huron Road to Old Huron Place in the City of Kitchener. (g) Being a by-law to change the name of New Huron Road to Huron Road in the City of Kitchener. (h) Being a by-law to change the name of part of Huron Road to Old Huron Road in the City of Kitchener. (i) Being a by-law to change the name of part of Trillium Drive to Old Huron Road in the City of Kitchener. (J) Being a by-law to change the name of a portion of Trillium Drive to Huron Road in the City of Kitchener. (k) Being a by-law to provide for the establishing and laying out of part of Old Huron Road as a public highway in the City of Kitchener. Being a by-law to provide for the establishing and laying out of part of Old Huron Place as a public highway in the City of Kitchener. (m) Being a by-law to provide for the establishing and laying out of part of Huron Road as a public highway in the City of Kitchener. (n) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (o) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (P) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Bingemans Centre Drive. (r) Being a by-law to exempt certain lots from Part Lot Control - Lot 56, Registered Plan 58M- 247 - Swartz Street. (s) Being a by-law to exempt certain lots from Part Lot Control - Lot 58, Registered Plan 58M- 247 - Swartz Street. (t) Being a by-law to exempt certain lots from Part Lot Control - Part Block 19, Registered Plan 58M-258 - Activa Avenue. (u) Being a by-law to exempt certain lots from Part Lot Control - Part Block 2, Registered Plan 58M-118 - Westmeadow Drive. (v) To authorize the construction of certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. (w) To authorize the construction of certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. (x) To authorize the construction of certain works on Forwell Road as shown in Schedule "A" hereto as local improvements. (Y) To authorize the construction of certain works on Centennial Road as shown in Schedule "A" hereto as local improvements. (z) To authorize the construction of certain works on Centennial Court as shown in Schedule "A" hereto as local improvements. JUNE 14, 2004 COUNCIL MINUTES - 217- CITY OF KITCHENER (aa) (bb) (aa) (dd) (ee) (ff) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. To confirm all actions and proceedings of the Council. Being a by-law to adopt Amendment No. 55 to the Municipal Plan - Blaze Properties Inc. and EIWO Canadian - Lawrence Avenue. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - McCrory Associates Ltd. - King Street East and Weber Street East. 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 J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) Carried. Being a by-law to provide for the establishing and laying out of part of Snowdrop Crescent as a public highway in the City of Kitchener. (By-law No. 2004-102) To further amend By-law No. 2000-159, 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. 2004-103) Being a by-law to close and retain part of the public highway known as Johnston Street in the City of Kitchener. (By-law No. 2004-104) Being a by-law to close and retain part of the public highway known as Huron Road in the City of Kitchener. (By-law No. 2004-105) JUNE 14, 2004 COUNCIL MINUTES - 218- CITY OF KITCHENER (e) (f) (g) (h) (i) Being a by-law to change the name of Biehn Drive to Old Huron Place in the City of Kitchener. (By-law No. 2004-106) Being a by-law to change the name of Huron Road to Old Huron Place in the City of Kitchener. (By-law No. 2004-107) Being a by-law to change the name of New Huron Road to Huron Road in the City of Kitchener. (By-law No. 2004-108) Being a by-law to change the name of part of Huron Road to Old Huron Road in the City of Kitchener. (By-law No. 2004-109) Being a by-law to change the name of part of Trillium Drive to Old Huron Road in the City of Kitchener. (By-law No. 2004-110) (J) (k) (m) (n) (o) (P) Being a by-law to change the name of a portion of Trillium Drive to Huron Road in the City of Kitchener. (By-law No. 2004-111 ) Being a by-law to provide for the establishing and laying out of part of Old Huron Road as a public highway in the City of Kitchener. (By-law No. 2004-112) Being a by-law to provide for the establishing and laying out of part of Old Huron Place as a public highway in the City of Kitchener. (By-law No. 2004-113) Being a by-law to provide for the establishing and laying out of part of Huron Road as a public highway in the City of Kitchener. (By-law No. 2004-114) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2004-115) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2004-116) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2004-117) JUNE 14, 2004 COUNCIL MINUTES - 219- CITY OF KITCHENER (q) (r) (s) (t) (u) (v) (w) (x) (Y) (z) (aa) (bb) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Bingemans Centre Drive. (By-law No. 2004-118) Being a by-law to exempt certain lots from Part Lot Control - Lot 56, Registered Plan 58M- 247 - Swartz Street. (By-law No. 2004-119) Being a by-law to exempt certain lots from Part Lot Control - Lot 58, Registered Plan 58M- 247 - Swartz Street. (By-law No. 2004-120) Being a by-law to exempt certain lots from Part Lot Control - Part Block 19, Registered Plan 58M-258 - Activa Avenue. Being a by-law to exempt certain lots from RegisteredPlan 58M-118 - Westmeadow Drive. (By-law No. 2004-121 Part Lot Control Part Block 2, (By-law No. 2004-122) To authorize the construction of certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. (By-law No. 2004-123) To authorize the construction of certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. (By-law No. 2004-124) To authorize the construction of certain works on Forwell Road as shown in Schedule "A" hereto as local improvements. To authorize the construction of certain works on Schedule "A" hereto as local improvements. To authorize the construction of certain works on Schedule "A" hereto as local improvements. (By-law No. 2004-125) Centennial Road as shown in (By-law No. 2004-126) Centennial Court as shown in (By-law No. 2004-127) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. (By-law No. 2004-128) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. (By-law No. 2004-129) JUNE 14, 2004 COUNCIL MINUTES - 220- CITY OF KITCHENER (aa) (dd) (ee) (ff) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule "A" hereto as local improvements. To confirm all actions and proceedings of the Council. (By-law No. 2004-130) (By-law No. 2004-131 ) Being a by-law to adopt Amendment No. 55 to the Municipal Plan - Blaze Properties Inc. and EIWO Canadian - Lawrence Avenue. (By-law No. 2004-132) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - McCrory Associates Ltd. - King Street East and Weber Street East. (By-law No. 2004-133) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 10:40 p.m. Carried. MAYOR CLERK COUNCIL MINUTES JUNE 14, 2004 - 221 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of May 10, 2004) - That Zone Change Application ZC 04/07/F/CB, to change the zoning on the subject lands from Residential Eight Zone (R-8) with Special Regulation Provision 202R and Service Station Zone (C-7) with Special Regulation Provision 53R and Special Use Provision 81U to Commercial- Residential Three Zone (CR-3) with Special Use Provision 340U, on lands legally described as Plan 42 Part Lots 13 to 16 and 39, RP 58R-12359 Part 2, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated June 7, 2004, subject to the following condition: That the zoning by-law not receive three readings until a Record of Site Condition is completed for the entire property and the City has been notified by the Regional Municipality of Waterloo that the Record of Site Condition satisfies Regional requirements; and further, That should the existing Agreement of Purchase and Sale regarding Zone Change application ZC 04/07/F/CB not close, the application fee shall be waived in the event Mr. Marko Sandalj submits a new application respecting zoning of the subject lands. (Dealt with under Delegations and Carried, As Amended.) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 7, 2004) - 1. A. That Municipal Plan Amendment Application MP03/07/L/KS requesting a change in designation from General Industrial to Medium Rise Residential on lands legally described as Parts of Lots 83 and 96, Plan 786, in the City of Kitchener, be approved, in the form shown in the proposed Municipal Plan Amendment attached to Development and Technical Services Department report DTS-04-077, dated May 4, 2004; without conditions, and accordingly forwarded to the Region of Waterloo. That Zone Change Application ZC03/33/L/KS requesting a change from General Industrial Zone (M-2) to Residential Eight Zone (R-8), on the lands legally described as Part Lot 83, Plan 786, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law (A)", dated May 7, 2004, attached to Development and Technical Services Department report DTS-04-077, dated May 4, 2004; subject to the following condition: 1) That the zoning by-law not receive three readings until a Record of Site Condition is completed for the entire property and the City has been notified by the Regional Municipality of Waterloo that the Record of Site Condition satisfies Regional Requirements. That Zone Change Application ZC03/34/L/KS requesting a change from General Industrial Zone (M-2) to Residential Eight Zone (R-8), on the lands legally described as Part Lot 96, Plan 786, in the City of Kitchener, be approved, as shown in the attached "Proposed By-law (B)", dated May 7, 2004, attached to Development and Technical Services Department report DTS-04-077, dated May 4, 2004; subject to the following condition: 1) That the zoning by-law not receive three readings until a Record of Site Condition is completed for the entire property and the City has been notified by the Regional Municipality of Waterloo that the Record of Site Condition satisfies Regional Requirements. That the Regional Municipality of Waterloo, the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code Article 6 Construction Work during the reconstruction projects listed as City of Kitchener Contract No. T04-003; between the hours of 7:00 p.m. to 7:00 a.m. over a two (2) day period during a two (2) week time frame from June 7, 2004 to June 25, 2004. COUNCIL MINUTES JUNE 14, 2004 - 222 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) That the parking meters on the west side of Water Street South, between Joseph Street and Jubilee Drive, be removed; and, That on-street parking be permitted for a maximum period of two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday to Saturday on the west side of Water Street South, Joseph Street to a point 63 metres north of Jubilee Drive; and further, That the Uniform Traffic By-law be amended accordingly. That the Regional Municipality of Waterloo, the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code Article 6 Construction Work during the reconstruction projects listed as City of Kitchener Contract No. T03-015; between the hours of 7:00 p.m. to 7:00 a.m. over a two (2) to three (3) day period during the time frame from June 9, 2004 to June 25, 2004. That the Ministry of Transportation of Ontario (MTO), the Regional Municipality of Waterloo, the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code Article 6 Construction Work during the replacement of the expansion joints on Fischer-Hallman Road in the City of Kitchener; between the hours of 7:00 p.m. to 7:00 a.m. over one weekend during the period from June 18, 2004 to July 12, 2004. That the parking meters on the north side of King Street East between Madison Avenue and Stirling Avenue, and the parking meters on the south side of King Street East between Cameron Avenue South and Pandora Avenue, be removed; and, That on-street parking be permitted for a maximum period of two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday to Saturday on the north side of King Street East between Madison Avenue and Stirling Avenue, and the south side of King Street East between Cameron Avenue South and Pandora Avenue; and, That the parking meters on the west side of Cameron Street South between Charles Street East and King Street East be removed; and, That on-street parking be permitted for a maximum period of two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday to Saturday on the west side of Cameron Street South between Charles Street East and King Street East; and further, That the Uniform Traffic By-law be amended accordingly. That the submitted request for increase in fees for consultant services related to Expression of Interest E02-044, Consultant Services - Construction of the Victoria Street North Sanitary Sewage Pumping Station, to account for City initiated changes of scope and timing be approved and that additional expenditures of $218,824.29 be approved. That the request for temporary occupancy for 686 King Street West, be approved conditional upon the following: "That enforcement of the City's Zoning By-law be waived with respect to the retail use on the property zoned CR-2, 136U at 686 King Street West and temporary occupancy be approved subject to the retail use vacating the location in the event that the entire site is not rezoned to the future Mixed Use Corridor Zone (C-9); and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of this application." COUNCIL MINUTES JUNE 14, 2004 - 223 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) That the application to modify the draft approval to Plan of Subdivision 30T-92010, located on Tagge Crescent in the City of Kitchener, submitted by Habitat for Humanity Waterloo Region / Edwin Brissette, be refused. (Dealt with under Delegations and deferred and referred to the June 29, 2004 Council meeting for further consideration.) COMMUNITY SERVICES COMMITTEE - That $20,000. be allocated to the Kitchener Downtown Street Outreach Project from the 2004 Safe and Healthy Community Advisory Committee budget. That Kitchener City Council approve the following with respect to the Region of Waterloo Municipal Class Environmental Assessment Study of a Pedestrian/Cyclist Crossing of Highway 401 (near Homer Watson Blvd) project: That filing of the 'Notice of Completion' of the Class Environmental Assessment Study be approved for the mandatory 30 day public review period in accordance with the requirements for a Schedule B - Municipal Class Environmental Assessment; and, That the Recommended Design Alternative #3A be adopted as the preferred alternative, (New Bridge at Morningside Drive and an off-road link from the new bridge to Doon Valley Drive), at an estimated construction cost of $1,155,000.; and, That an expenditure of up to $385,000. be approved in 2007 to the Region of Waterloo for the construction of the Recommended Design Alternative #3A and that the Region of Waterloo in its leadership role, explore additional funding resources to be used to reduce the project costs for each of the three partners; and, That notwithstanding the approval in Clause 3 above, the Region of Waterloo reconsider its capital financing of the project and fund the full construction cost of the bridge; and further, That notwithstanding the approval in Clause 3 above, ownership and maintenance considerations of the bridge project be deferred until a full discussion has occurred with all partners. That the two condensers at the Kitchener Memorial Auditorium Complex located in the Twin Pads be replaced immediately; and, That $125,000. be funded for replacement from Capital Contingency; and further, That the Manager of Purchasing be permitted to shorten the usual tender call to allow for delivery and installation of the condensers prior to July 21, 2004. FINANCE AND CORPORATE SERVICES COMMITTEE - That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sportsworld, 100 Sportsworld Drive, on July 1, 2004, from 5:00 P.M. to 10:00 P.M., for an outdoor concert as part of their Canada Day Celebration. That the Offer to Purchase from Safraz Holding Inc. be accepted for Part 2, Reference Plan 58R-14324, being a parcel of land in the Grand River West Business Park, having an area of approximately 2.0 acres at the price of $125,000 per acre, for a total purchase price of $250,000.00; and further, COUNCIL MINUTES JUNE 14, 2004 - 224 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction. That the request of Sunnyside Inc. (a Conklin Group) to hold a Midway at 419 Fairway Road South on July 8 to 11,2004, be approved subject to the following: a) that the hours of operation of the Midway shall be: Thursday, Friday & Saturday - 11:00 a.m. to 11:00 p.m. Sunday - 11:00 a.m. to 6:00 p.m.; and, b) that the necessary licence is obtained; and further c) that the midway area be delineated from the parking areas. That the request of Christ Lutheran School to operate an outdoor Refreshment Stand on June 19, 2004, be approved, provided the necessary licence is obtained, including Health and Fire approval; and further, That Christ Lutheran School be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 146 Trafalgar Avenue on June 19, 2004 from 1:00 p.m. to 6:00 p.m. That consideration of the two appeals of Margaret Furey (176-A Hayward Avenue) and Brian Power (177 Hayward Avenue) to City of Kitchener Municipal Code Chapter 586 (Refreshment Vehicle) for permission to locate hot dog carts at the addresses noted, be deferred and referred to the Finance and Corporate Services meetinq of June 21, 2004, with any recommendation arising therefrom being considered at a special Council meeting that date; and, That staff provide site plans for 176A and 177 Hayward Avenue showing the proposed locations for the hot dog cart and parking on each property; and further, That the appellants provide all information requested by Traffic staff and be invited to attend the Finance and Corporate Services Committee meeting. (Dealt with under Delegations and Carried, as Amended.) That the proposed Non-residential Development Charges be approved in principle, as contained in 'City of Kitchener 2004 Development Charges, Draft #2, June 7, 2004', subject to the new rates coming into effect on January 1, 2005, and the existing Non-residential Development Charges continuing until that time; and, That staff report to the Finance & Corporate Services Committee on June 21, 2004, with revised Non-residential Development Charges, taking into consideration the effective date for the new rates being January 1,2005; and further, That a final decision on all 2004 Development Charges, and consideration of a new Development Charge By-law take place at the Council meeting of June 29, 2004. That the proposed Residential Development Charges be approved in principle, as contained in 'City of Kitchener 2004 Development Charges, Draft #2, June 7, 2004', along with the following implementation plan: COUNCIL MINUTES JUNE 14, 2004 - 225 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) That the existing Residential Development Charge rates shall apply to all contracts for residential construction signed prior to June 7, 2004, and received by the City prior to June 30, 2004, provided the building permit application is received by the City of Kitchener prior to December 10, 2004. (As Amended) WHEREAS Canada's municipalities and the federal government are evolving the New Deal in order to sustain their quality of life, competitiveness and contribution to Canada's prosperity and the well-being of all Canadians; and, WHEREAS Canadian municipalities face a multi-billion dollar infrastructure deficit and lack the fiscal resources and autonomy to meet new and growing responsibilities, the New Deal must position Canada's municipalities to partner with the Federal and Provincial/Territorial governments in addressing the key issues facing urban Canadians, including public transit, transportation, affordable housing, community supports for immigrant and aboriginal communities, and sustainable economic development; and, WHEREAS the New Deal must include Canada's municipalities in a stronger partnership which results in adequate fiscal resources and autonomy to address local priorities, meet provincially defined responsibilities, and support the attainment of national objectives; and, WHEREAS the New Deal is a significant new direction for Canada the New Deal and various issues that comprise the 'urban agenda' are a work in progress; and, WHEREAS all Canadians should carefully consider what each Federal party will do for municipalities today and in the future; THEREFORE BE IT RESOLVED that the Mayors of Canada's largest 22 cities urge local residents and businesses to make the New Deal for Canada's municipalities a decisive issue in this Federal election and ask all candidates standing for Federal parliament the following questions: (I) What is your party's position with respect to the New Deal for Canada's municipalities? (11) Will your party as a priority allocate 5 cents/litre of the federal fuel excised tax to support urgently needed investment in municipal infrastructure, primarily for transportation and public transit by the end of 2004? Will your party enter into agreements with municipalities and the provinces/territories to create financial sustainability that would include sharing revenues that grow with the economy by the end of 2005? (IV) How will your party involve municipalities as partners in federal and provincial policy, program and budget deliberations in issues that have a direct impact on urban centres? (v) What other actions will your party take to strengthen the competitiveness and quality of life of Canada's municipalities? HERITAGE KITCHENER- That pursuant to Section 33 of the Ontario Heritage Act, Section 1.1 of the Heritage Conservation Easement Agreement, and subject to obtaining all other necessary approvals, Heritage Permit Application HPA 2004-1V-005 (191-197 King St. W.) be approved to permit the installation of two projecting wooden signs on the King and Gaukel Street elevations of the former Public Utilities Commission building to advertise the Your Kitchener Store location, as COUNCIL MINUTES JUNE 14, 2004 - 226 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 1. (Cont'd) shown on the plans and specifications submitted with the application, subject to the following condition: That the specifications regarding the material, design and method of attaching the signage to the historic masonry, as presented to City Staff and Heritage Kitchener on June 1, 2004 be approved; with such method of attachment not being invasive to the historic masonry and be capable of being removed in the future without causing permanent damage to the historic building fabric. COUNCIL MINUTES JUNE 14, 2004 - 227 - 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. ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Lori Power, employed at 4-808 Courtland Ave. E., Kitchener, (Taj Mahal) be granted a 2004 Adult Entertainment Parlour Attendant Licence." 2. Final Release - Sewer Back Claim Council considered Corporate Services Department report CRPS-04-104 (S. de Moree), dated June 8, 2004. It was resolved: "That the Mayor and Clerk be authorized to execute a Full and Final Release and any other required documentation in the matter Atkinson v. The Corporation of the City of Kitchener et. al., subject to the satisfaction of the City Solicitor." 3. Execution of Aqreement - Distribution of Personal Protective Suits Council considered Development and Technical Services Department report DTS-04-096 (D. Trask), dated June 9, 2004. It was resolved: "That the City of Kitchener enter into the Agreement dated June 9, 2004, between the City of Kitchener, the Waterloo Regional Police, the Cities of Cambridge and Waterloo and the Township of Woolwich regarding the Distribution of Level C Personal Protective Suits; and further, That the Fire Chief be authorized to sign such Agreement, subject to satisfaction of the City Solicitor." 4. Tenders Dealt with under Delegations. 5. License - Refreshment Stand Council received this date Corporate Services Department report CRPS-04-109 (J. Koppeser), dated June 14, 2004. At the request of Councillor J. Smola, it was agreed to revise the staff recommendation to reduce the hours of operation to close at 9:00 p.m. rather than 10:00 p.m. and also apply the reduction to the noise exemption. COUNCIL MINUTES JUNE 14, 2004 - 228 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. License - Refreshment Stand (Cont'd) It was resolved: "That the campaign office on behalf of Thomas Ichim, 1253 King St. E., Kitchener, Ontario N2G 2N5, be granted permission to operate a refreshment stand at the City Hall, Civic Square on June 17, 2004, from 7:00 p.m. to 9:00 p.m., provided the necessary licence, including Fire and Health approval, is obtained; and further, That the campaign office on behalf of Thomas Ichim be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at Civic Square on June 17, 2004 at 7:00 p.m. to 9:00 p.m."