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HomeMy WebLinkAboutCouncil Minutes - 2001-01-29COUNCIL MINUTES JANUARY 29, 2001 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 Brittany Kalendarian, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held January 15, 2001, and special meetings held January 15, 18 and 22, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tender listed on the Committee of the Whole agenda. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Expression of Interest E00-110, Consultant Services - Natural Gas Management and Consulting (Direct Purchase), be awarded to ECNG Inc., Oakville, Ontario at their estimated fee of $160,500., per year, including G.S.T., for a three (3) year period, with an option to extend the contract for an additional two (2) - one year periods, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Terry Flynn, Chair, Citizens' Ad Hoc Advisory Committee on Council Compensation, appeared as a delegation to present the Committee's final report and recommendations outlined in a submission dated January 29, 2001. He thanked the Council for the opportunity to undertake this task along with the other members of the Committee who were Jim Gibbons, Bruce Lauckner, David Park and Mac Voisin and noted that the Committee had met on three occasions in addition to researching background relative to this matter. Mr. Flynn remarked on how difficult it is to serve in elected office and pointed out that the Committee had reviewed a number of documents and surveys and had analyzed data gathered from various municipalities as listed in the report. He referenced the salary cost of Councillors and the Mayor in per capita terms noting that in both cases the salary ranking of Kitchener was among the lowest of the municipalities surveyed, being .75 cents per capita for Councillors and .30 cents for the Mayor. Mr. Flynn advised that with the increased compensation the Committee is unanimously recommending, there would still be a .17 cent per capita saving over the total compensation levels that were in place prior to the November 2000 Municipal Election. He then reviewed each of the recommendations contained in the Committee's report and added that the compensation package should be effective as at December 1, 2000. Mr. Flynn further noted that in the event the current provision for a tax exemption is removed from the Municipal Act, compensation should be reviewed again in terms of fair market value. Councillor G. Lorentz referred to the Committee's recommendation pertaining to accessibility of technology and questioned if separate telephone lines in residences would fall within the purview of this recommendation and Mr. Flynn responded that he would support whatever it took to provide Councillors with necessary technology to carry out their duties. Mayor C. Zehr acknowledged that the approach of the Ad Hoc Advisory Committee was one of statistical analysis that did not deal with qualitative aspects of the work of Councillors and he suggested that most people could not have a full appreciation of the workload of Councillors. He pointed to his experience in 1994 where he would have found it impossible to continue as a Councillor and carry on his accounting practice. Mayor Zehr pointed out that it was often impossible for Councillors to be available for anything other than Council matters and suggested that the $32,000. compensation recommendation sets the Councillor salary at a fairly Iow rate in comparison to other municipalities. He noted that the salary cost per capita was $1.25 for 10 Councillors before reduction to 6 Councillors and suggested that Council may want to consider a per capita rate of $1.20 which would result in $37,800. base compensation. Such level would then place Kitchener in a position that was still below the costs of the majority of other municipalities referenced in the report. JANUARY 29, 2001 COUNCIL MINUTES -18- CITY OF KITCHENER Councillor J. Ziegler endorsed Mayor Zehr's remarks and advanced a motion that was seconded by Councillor C. Weylie to establish a base compensation of $37,800. for City Councillors. Councillors tabled the following remarks on the compensation issue: · six rather than ten Councillors were now doing the same work with the same number of committees and organizations · ward populations have almost doubled and ward geographic area has more than doubled for some Councillors · work levels have increased with meeting attendance being required during the day, evenings and weekends · nature of the work requires 'on-call' hours · the proposed compensation increase for Kitchener Councillors represents a $9,000. net saving to the City taxpayer whereas the compensation changes for Regional Councillors result in an $85,000. net increase to the Regional taxpayer · the reduced number of Councillors has brought about a shift and intensification of the workload and time commitments compared with that of the previous Council · in any given month, Councillors spend from 110 -150 hours on municipal business. Mayor C. Zehr commented on the sensitivity of dealing with the compensation issue since it directly affects members of Council; however, it was his view that the recommendation was reasonable under the changed circumstances of a downsized City Council. Councillor J. Ziegler requested a recorded vote on his motion with respect to Councillor compensation and on the remainder of the recommendations of the Compensation Committee. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That effective December 1, 2000, the base compensation for a City Councillor be set at $37,800. per annum for the duration of this term; and, That effective December 1, 2000, the base compensation for the Mayor be set at $68,000. per annum for the duration of this term; and, That City Councillors receive no additional remuneration for membership on external boards, agencies, committees and other organizations; and, That the Councillors not participate in OMERS; and, That the guidelines for taxability of Mayor and Councillors compensation be consistent with the Ontario Municipal Act; and, That future compensation reviews be conducted once per term (at mid-term) by an Ad Hoc Citizen's Advisory Committee; and, That effective December 1, 2000, the Mayor and Council participate in the City's benefit program, on the same basis as senior City staff. The Mayor and Council should be covered for the following benefits during their term on Council: Extended Health, Life Insurance and Dental coverage. And that Councillors should not be covered for Accidental Death and Dismemberment (AD&D) nor Long Term Disability (LTD); and, That the expenses incurred during the fulfilment of civic duties by the Mayor and Council should be covered in the same manner as expenses incurred by senior staff. In order to ensure that there is appropriate safeguards and oversight, it is recommended that the Mayor approve all expense claims submitted by individual Councillors and that the Chief Administrative Officer (CAO) for the City of Kitchener approve the expense claims submitted by the Mayor; and further, That the Mayor and Council continue to have access to technology that would ensure the efficient and effective completion of their duties." Carried Unanimously. COUNCIL MINUTES JANUARY 29, 2001 -19- CITY OF KITCHENER Mr. Gordon McGuinty appeared as a delegation on behalf of the Rail Cycle North Consortium to provide an update on waste disposal options for the City of Toronto as outlined in correspondence dated December 6, 2000 attached to the agenda. He circulated two documents to Council, one dealing with the shipment of garbage on Highway 401 versus the Rail Cycle North alternative and the second being an analysis and review of Toronto's decision to ship 100% of its garbage to Michigan. Mr. McGuinty emphasized that a process with respect to environmental assessment was in place and that Toronto had acted contrary to their process. He stated that he was appearing before Council as a result of the number of inquiries that have been made with respect to Toronto's decision and suggested that Kitchener Council may wish to approach Toronto to question if the right option was selected. Mayor C. Zehr advised that he was going to Toronto on February 7, 2001 as part of a delegation of mayors of cities located along Highway 401. Some further discussion took place and it was suggested that more information would be needed before Council can take a position on this issue at a future date. It was suggested that part of Toronto's garbage problem relates to the fact that its recycling program was not fully developed. It was also suggested that a resolution should be considered to prevent Ontario municipalities from shipping garbage beyond provincial borders. Mr. McGuinty was of the view that the Provincial government had a responsibility in this matter because of the magnitude and impact of Toronto's garbage problem. Mayor C. Zehr asked that the City Clerk determine if the City has ever taken a position on this issue and if not, that the matter be listed on the agenda of the February 5, 2001 special Council meeting to consider a resolution advising the Province that Kitchener is opposed to long distance shipping of garbage by truck and shipping Ontario garbage beyond Provincial boundaries. Mr. Bill Thomas appeared as a delegation along with Ms. Nancy Brawley in regard to Clause 5 of the Finance and Administration Committee report which recommends the City endorse, but at this time take no action, regarding a financial contribution to the Poseidon Project. He noted that the proposal had been three years in preparation and recounted the commitment and time invested by Committee members. He referenced the merits of the business plan that had been prepared and reviewed the scope of the Project as well as expressing appreciation to all the City staff for their input in this matter. Mr. Thomas commented that a private developer was ready to invest $21 M in the Project on the basis of City participation and listed the benefits that would accrue from the Project, but also acknowledged that he had failed to convince Council of the merits of the Project. He suggested that the facility would be built somewhere in the future and noted reference in the recommendation to the words 'at this time'. In conclusion, he indicated that the Committee would continue to work on the Project. Councillor B. Vrbanovic pointed out that the motion illustrates Council's support for the Project but not in financial terms at this time. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Clause 5 of the Finance and Administration Committee report be adopted." Carried. Mayor C. Zehr advised that delegations were in attendance in regard to Item B.5 of the Committee of the Whole agenda dealing with two separate offers from J.T. Bakeries Inc. and Berkshire Building Corporation in respect to similar parcels of land in the Huron Business Park. Business and Planning Services Department report BPS-01-011, dated January 17, 2001, was attached to the agenda describing the dilemma with respect to these competing offers and advancing alternative recommendations should Council wish to accept either offer. Mr. G. Borovilos summarized the pertinent issues related to this matter as outlined in the staff report and commented that with the shortage of industrial land, the City did not have the flexibility that it once had in its land inventory. Councillor J. Ziegler noted that his initial reaction was to favour approving sale to Berkshire Building Corporation but he had a second reaction to accept the offer of J.T. Bakeries Inc. given the large number of employees they would be hiring and the fact that the business would provide diversity for the area. However, he emphasized that his goal was to find a good use that fits well with the adjacent residential area as well as developing a variety of businesses within the Huron Business Park. Councillor M. Galloway, after surveying nearby residents, found they were very concerned about odours that would originate from the bakery and for that reason indicated his preference was to COUNCIL MINUTES JANUARY 29, 2001 - 20 - CITY OF KITCHENER approve the offer of Berkshire Building Corporation as it would have the least impact on adjacent residences. Discussion took place regarding Site 75 as a possible alternative for J.T. Bakeries and removal of stored topsoil to accommodate development of the site; the need for a left turn lane to be installed on Bleams Road and permitting landscaping in place of a required berm on Bleams Road with respect to Site 135. Mr. John Tamming indicated that J.T. Bakeries had hoped this matter would have been finalized two weeks ago and stated that the configuration of Site 75 did not accommodate the building plans envisaged for Sites 135 and 136. Councillor M. Galloway raised concern as to another all-night operation backing onto Bleams Road and impacting adjacent residences and for that reason indicated a preference that J.T. Bakeries Inc. find another location. Moved by Councillor M. Galloway Seconded by Councillor J. Ziegler "That Council accept the conditional Offer to Purchase from Berkshire Building Corporation for Parts 3, 4 and 5 on Reference Plan 58R-11564, save and except Part 23 on Reference Plan 58R-7426, being a parcel of land in the Huron Business Park having an area of approximately 6.68 acres at the offering price of $75,000. per acre for a total purchase price of $501,000. on the understanding that site plan conditions equivalent to berming will be imposed; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor. - and - That staff be directed to work with officials of J.T. Bakeries Inc. to evaluate the suitability to the firm's needs of Site 75 in the Huron Business Park on the basis that topsoil removal and other municipal development requirements will be fast-tracked to accommodate purchase of the property; and further, That staff prepare a report for consideration at the Special Council meeting of February 2, 2001; or alternatively, February 5, 2001." Carried. Mayor C. Zehr advised that a delegation was in attendance with respect to Clause 3 of the Community Services Committee report dealing with the mobile skateboard park issue. Councillor G. Lorentz explained background to the proposed grant and referenced the innovative approach being taken by the community to defray costs of the skateboard park by making it available to other neighbourhood groups within the City. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Clause 3 of the Community Services Committee report be adopted." Carried. Ms. Sandra Millar appeared as a delegation on behalf of K-W Tourism in regard to Clause 1 of the Finance and Administration Committee report originating from the Committee's January 8, 2001 meeting. She also indicated that she was in receipt of and wished to comment on Business and Planning Services Department report BPS-01-115, dated January 24, 2001, which contains a staff recommendation pertaining to Kitchener's share of 2001 funding for Kitchener-Waterloo Tourism. Ms. Millar indicated that some adjustments would have to be undertaken to adjust their operations but expressed one area of concern relating to costs to fund an additional distribution of LURE Magazine which she maintained was fundamental to achieve their goal of bringing tourists into the community. Accordingly, she advised that an additional $3,000. was required to provide for the distribution with JANUARY 29, 2001 COUNCIL MINUTES - 21 - CITY OF KITCHENER Kitchener's share being $2,000. and indicated that she would approach the City of Waterloo for the remaining $1,000. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Finance and Administration Committee (January 8, 2001 Meeting) be deleted and replaced with the following: 'That the City of Kitchener provide Kitchener-Waterloo Tourism with funding to reflect a 2001 base rate of $152,000., excluding GST, this being an upset limit based on the City of Waterloo contributing an additional $10,000.; and, That the City of Kitchener provide a further $2,000. contribution to fund an additional distribution of the tourism LURE magazine, subject to the City of Waterloo providing an additional $1,000. contribution; and, That the municipal shared funding ratio be maintained at 2:1 as outlined in the Letter of Agreement; and, That the difference from last year's contribution of $172,000. be allocated to the Community Services Department, an amount of $20,000.; and, That an additional $17,000. be allocated to the Community Services Department; and further, That prior to the expiration of the Agreement with the Chamber of Commerce of Kitchener- Waterloo (December 2001), staff review tourism delivery options and report back to Council in the Fall of 2001'" Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the report of Planning and Economic Development Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Councillor J. Ziegler advised that he was opposed to Clause 5 of the report which recommends approval to pay a $500. fee to artists who exhibit their work in the Rotunda Gallery of City Hall. It was his view that taxpayers have already covered the cost of making the space available to the artist at no cost and no further subsidy should be given. The report was voted on Clause by Clause. Clause 3 - Dealt with under Delegations and Carried. Clause 5 - Carried. Balance of Report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the report of the Finance and Administration Committee (January 22, 2001 Meeting) be adopted." JANUARY 29, 2001 COUNCIL MINUTES - 22 - CITY OF KITCHENER Councillor G. Lorentz stated that he was opposed to Clause 2 of the report that would reduce poster removal fees assessed against the Lyric and Metropolis Nightclubs in view of the fact that the businesses deliberately ignored numerous warnings and their targeting of area high schools with illegal posters. Councillor J. Ziegler acknowledged that they had flaunted the by-law but were now complying and that the recommended reduction was less of a break than others have received and was conditional on immediate payment. The mover and seconder of the report agreed to amend Clause 9 to refer website improvements and staffing to Budget Day. The report was then voted on Clause by Clause. Clause 1 - Carried. Clause 2 - Carried on a recorded vote: In Favour: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, B. Vrbanovic and J. Ziegler Contra: Councillors G. Lorentz and J. Smola Clause 5 - Dealt with under Delegations and Carried. Clause 9 - Carried, as Amended. Balance of Report - Carried. Recorded pecuniary interest and abstention: Clause 1 - Councillor B. Vrbanovic as he is a member of an organization that receives proceeds from bingos. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic Carried. "That the report of the Public Works and Transportation Committee be adopted." In referring to the problem outlined in Clause 4 of the report, Councillor J. Smola pointed out that previously the City, under contract with the Public School Board, had cleared snow from sidewalks in front of their properties but the Board had now engaged private contractors to clear its properties. Councillor J. Ziegler expressed his displeasure with the total lack of effort to clear sidewalks of snow at Wilson Avenue Public School, especially as it reflects negatively on all public institutions. Councillor J. Ziegler pointed out that Clause 3 of the report was meant to deal with the problem of tenants of a multiple housing development putting their garbage at curbside after collection has taken place and leaving it until collection almost a week later. Mayor C. Zehr advised that the Regional Garbage Collection By-law was being drafted at this time and suggested this issue would be included therein. On motion by Councillor J. Ziegler, seconded by Councillor J. Smola, it was agreed to accept an amendment to advise the Region of Waterloo of changes proposed in the Kitchener Municipal Code with regard to this matter. The report was then voted on Clause by Clause. Clause 3 - Carried, as Amended. Balance of report - Carried. JANUARY 29, 2001 COUNCIL MINUTES - 23 - CITY OF KITCHENER Councillor B. Vrbanovic questioned ongoing problems and delay in responses to inquiries relative to the City's tax/utility billing system and requested that Finance staff prepare a report for Council. Ms. P. Houston indicated that a report was in draft stage and was intended to be included on the agenda for the next Finance and Administration Committee meeting. Councillor M. Galloway advised that he had received inquiries respecting billing problems primarily within new subdivisions. Ms. Houston noted that reading newly hooked-up dwellings had resulted in users receiving larger than normal bills and that there were difficulties with estimation of bills in instances where there was no prior customer history. She pointed out that where there had been delay on the part of the City in sending bills, that customers were given notice inviting them to call Finance staff to seek extended terms of payment. Councillor C. Weylie referred to the notice of open houses being hosted by the Region of Waterloo at Westmount School to consider the status of the Westmount Road/Glasgow Street intersection. She pointed out that between the years 1995 -1998 there had been 56 collisions but that since the most recent lane adjustments at the intersection, there had been no accidents and she asked that the Mayor advise Kitchener's representatives on Regional Council of this fact. Councillor G. Lorentz expressed concern at the news articles referring to the possibility that a number of high schools within the Region were on a list of potential closings. He questioned what the City's options were with respect to this matter and what opportunities there were to become pro-active in this regard. Mayor C. Zehr advised that it was his intent to approach both the Director of Education and the Chair of the Public Board and keep Council informed. Councillor G. Lorentz raised an issue with respect to hydro billing and Mayor C. Zehr advised that between the years 1993 - 1999 the rates of Kitchener-Wilmot Hydro were frozen, then decreased by 2% in 1999 and as of March 2001 will increase 1.9% and remain in effect to March 2002. He noted that the current rate would then be at 1993 levels. Councillor J. Smola advised that he had circulated a document dated January 25, 2001 prepared by Mr. Hugh Russell concerning community mobilization work in 2001. He noted that a group in the King East area has made an inquiry wishing to undertake a similar project as that in the area bounded by King Street/Breithaupt Street/VVeber Street/Guelph Street. He indicated that costs for the undertaking would be approximately $20,000. which would be the same as last year. It was agreed that this matter be referred to Council's Budget Day for consideration. Mayor C. Zehr provided Council with an update on the following issues involving Regional Council. He noted that the municipalities within the Grand River watershed were hoping to have an event at the Conestoga Dam to highlight the condition of the gates and the lack of Provincial financial support for required repairs. Mayor Zehr also commented on the following: the request of the Township of Wellesley formally asking the Region of Waterloo to assume responsibility for waste water collection, film successes in the Region, and new Standing Committee and department structure at the Region. He also advised that on the municipal rights-of-way issue involving installation of cable by fibre-optics companies, a defense fund had been established by municipalities to protect the municipal interest and he noted that he has requested that a report be prepared in this regard for City Council. 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 amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlour- Regulation. (b) Being a by-law to repeal and replace Chapter 572 of The City of Kitchener Municipal Code with respect to Pawnbrokers. (c) Being a by-law to exempt certain lots from Part Lot Control - Block 20 and Part Blocks 5 and 6, Registered Plan 58M-15; and Block 39, Registered Plan 58M-132 - Activa Avenue. (d) Being a by-law to exempt certain lots from Part Lot Control - Lots 9 and 10, Registered Plan 58M-171; and Blocks 1 to 9 inclusive and Part Blocks 10 and 11, Registered Plan 58M-172 - Copper Leaf Street, Lemonbalm Street, Max Becker Drive. JANUARY 29, 2001 COUNCIL MINUTES - 24 - CITY OF KITCHENER (e) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 18-22 Madison Avenue North, Kitchener. (f) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 26 Madison Avenue North, Kitchener. (g) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 30 Madison Avenue North, Kitchener. (h) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (i) Being a by-law to amend Chapter 635 of The City of Kitchener Municipal Code with respect to Garbage. (J) Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect to Lot Maintenance. (k) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor 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." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlour- Regulation. (By-law No. 2001-10) (b) Being a by-law to repeal and replace Chapter 572 of The City of Kitchener Municipal Code with respect to Pawnbrokers. (By-law No. 2001-11 ) (c) Being a by-law to exempt certain lots from Part Lot Control - Block 20 and Part Blocks 5 and 6, Registered Plan 58M-15; and Block 39, Registered Plan 58M-132 - Activa Avenue. (By-law No. 2001-12) JANUARY 29, 2001 COUNCIL MINUTES - 25 - CITY OF KITCHENER (d) (e) (f) (g) (h) (i) (J) (k) Being a by-law to exempt certain lots from Part Lot Control - Lots 9 and 10, Registered Plan 58M-171; and Blocks 1 to 9 inclusive and Part Blocks 10 and 11, Registered Plan 58M-172 - Copper Leaf Street, Lemonbalm Street, Max Becker Drive. (By-law No. 2001-13) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 18-22 Madison Avenue North, Kitchener. (By-law No. 2001-14) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 26 Madison Avenue North, Kitchener. (By-law No. 2001-15) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 30 Madison Avenue North, Kitchener. (By-law No. 2001-16) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2001-17) Being a by-law to amend Chapter 635 of The City of Kitchener Municipal Code with respect to Garbage. (By-law No. 2001-18) Being a by-law to amend Chapter 650 of The City of Kitchener Municipal Code with respect to Lot Maintenance. To confirm all actions and proceedings of the Council. (By-law No. 2001-19) (By-law No. 2001-20) Carried. On motion, the meeting adjourned at 9:38 p.m. MAYOR CLERK COUNCIL MINUTES JANUARY 29, 2001 - 26 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the City accept the Offer to Purchase from Technical Electric Supply Co. Ltd. In Trust for a company to be incorporated, for Part 4 of Reference Plan 58R-5310. The parcel of land has an approximate area of 1.97 acres (.79 ha). The purchaser has offered $116,000 for the parcel or approximately $58,800 per acre; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. 1) That City Council approve Municipal Plan Amendment Application MPA 00/07/FILM (Voisin Developments Limited - Service Commercial), being an Amendment to change the designation on portions of the Voisin Developments Ltd. site, located at the intersection of Fischer-Hallman Road and Ottawa Street, from Low Rise Residential and Open Space to Service Commercial. It is the opinion of this Committee that approval of this application is proper planning for the City. 2) That the Laurentian West Community Plan be amended by designating the portion of the Voisin Developments Limited lands bounded by Ottawa Street South, International Place and the Ontario Hydro corridor, as Service Commercial, instead of Convenience Commercial and Community Institutional, as shown on the attached Map A - Land Use, dated December 21, 2000. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. 3) That Zone Change Application ZC 00/29/F/LM (Fischer-Hallman Road and Ottawa Street South - Voisin Developments Limited) requesting a change in zoning to designate as Service Commercial Zone (C-6) with revised special use provision 98U, Service Commercial Zone (C-6) with revised special use provision 98U and revised special regulation provision 84R, Service Commercial Zone (C-6) with revised special use provision 108U and revised special regulation provision 84R, and Service Commercial Zone (C-6) with revised special use provision 176U, instead of Community Institutional Zone (I-2) with special use provision 176U, Service Commercial Zone (C-6) with special use provision 98U, Service Commercial Zone (C-6) with special use provision 108U and special regulation provision 84R, and Open Space Zone (P-2), the lands described as Part of Lot 46, German Company Tract, more specifically described as Part 6, Plan EX-331; Part of Lot 47, German Company Tract, more particularly described as designated as, Parts 2 and 9, Plan 58R-3076 and Parts 1, 2, 8, 9, 12 and 13 on Plan 58R-8216; and Blocks 39 and 41, Registered Plan 1758, for the City of Kitchener; be approved, in the form shown in the attached "Proposed By-law", dated December 21, 2000, as revised January 22, 2001 to change the measurement in Clause 5. of the By-law from 250 metres to 152 metres, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (Voisin Developments Limited - Service Commercial) to the City's Municipal Plan. That Demolition Control Application DC 00/09/P/SV (Gina Luciantonio and Randy Martin), requesting approval for the demolition of the single detached dwelling located at 24 Pinnacle Drive, legally described as Plan 578 Lot 95, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That enforcement of the City's Zoning By-law be waived with respect to the studio use at 163- 165 Victoria Street South and temporary occupancy be approved subject to the use vacating the location in the event that the Zone Change to add the studio use to the C-1 Zone is not approved; and further, JANUARY 29, 2001 COUNCIL MINUTES - 27 - CITY OF KITCHENER PLAN 4. REPORTS ADOPTED BY COUNCIL NING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) (Cont'd) 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. That consideration of Demolition Control Application DC 00/10/S/SV (448 Stirling Avenue South - The Trustees of St. Stephen Lutheran Church), be deferred to a future Planning and Economic Development Committee meeting, to allow staff to review new information submitted by the applicant. That consideration of Business and Planning Services staff report BPS-01-004 (Proposed Revisions to the City's Sign By-law) be deferred and referred to the February 19, 2001 Planning and Economic Development Committee meeting and staff be directed to address the following concerns: a) Mobile Signs · where practical, two (2) businesses be allowed to each use one (1) side of a mobile sign for 12 months, provided the number of mobile signs that would otherwise be permitted is correspondingly reduced. · reducing size b) Ground Signs · height and maximum area of sign · proliferation (number of grand signs on property) · location relative to roadway · methods to reduce usage fluorescent copy · limiting number of ground signs to number of mobile signs · replacing mobile signs with ground signs c) Home Business Signs · lighting of home business signs. That Business and Planning Services staff report BPS-01-003 (Affordable Housing - review of roles, responsibilities, programs and initiatives) be received for information. That Business and Planning Services staff report BPS-01-009 (Summary of community and government initiatives to address the issue of homelessness in the Region of Waterloo) be received for information. That Clause 11 of the Planning and Economic Development Committee report, as adopted by City Council on August 28, 2000, be revised as follows to clarify and reflect the intentions of City Council as set out in the August 28, 2000 Council Minutes: a) Deleting the first sentence to recommendation 2; and, b) Replacing recommendation 2b) with the following new recommendation 2b): '2b) That the 15 building permit cap for the Bridle Path Estates subdivision be immediately lifted upon Vace Investments Inc. providing the City of Kitchener with an irrevocable letter of credit in the amount of $620.00., being the estimated amount for the permanent Wabanaki Drive Extension between Fairway Road and Hidden Valley Road in accordance with the Environmental Assessment Study, including legal and engineering costs; and'. COUNCIL MINUTES JANUARY 29, 2001 - 28 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That Council approve, subject to final 2001 budget approval, the application of K-W Inline Hockey League for a first-time minor sport grant of $10,000. for the 2001 season. That Council approve an inscription change to the Cenotaph from "KOREA 1950" to "KOREA 1950 - 1953". That Council approve the purchase of a mobile skateboard park by the Doon Pioneer Park Community Association as the project for the 1999 Festival of Neighbourhoods $10,000. grant. (Dealt with under Delegations and Carried) That consideration of the Community Services Department Report CSD-01-006 be deferred and referred to a future Community Services Committee meeting pending a detailed work plan for the proposed Employee Discount and Payroll Deduction Program for Cemetery Services. 5. That Council approve a $500. Artist Fee for artists who exhibit their work in the Rotunda Gallery. WHEREAS the Council of the Corporation of the City of Kitchener (the "Municipality") has received and considered the Government of Ontario SuperBuild Corporation Sports, Culture and Tourism Partnerships ("SCTP") initiative Round 1 Application Guidebook (the "Guidebook"); AND WHEREAS Council has assessed its capital priorities against the SCTP initiative Round 1 application requirements as set out in the Guidebook and intends to submit a letter of intent for qualifying the "New Kitchener Market" project (the "Project") for funding under Round 1 of the SCTP initiative; AND WHEREAS Council considers the Project to be its highest sport, recreational, cultural or tourism infrastructure priority for the Municipality; AND WHEREAS Council has made its resolution on the understanding that the recitals set out herein will be relied upon by the Ontario SuperBuild Corporation in considering the Project application for funding under Round 1 of the SCTP initiative; THEREFORE BE IT RESOLVED, that the Council of the Corporation of the City of Kitchener direct the City Clerk to submit a letter of intent to the Ontario SuperBuild Corporation respecting the qualification of the Project for funding under Round 1 of the Ontario SuperBuild Corporation Sports, Culture and Tourism Partnerships initiative. FINANCE AND ADMINISTRATION COMMITTEE (Meeting of January 8, 2001) - That the City of Kitchener provide Kitchener-Waterloo Tourism with funding to reflect a 2001 base rate of $152,000., excluding GST, this being an upset limit based on the City of Waterloo contributing an additional $10,000.; and, That the City of Kitchener provide a further $2,000. contribution to fund an additional distribution of the tourism LURE magazine, subject to the City of Waterloo providing an additional $1,000. contribution; and, That the municipal shared funding ratio be maintained at 2:1 as outlined in the Letter of Agreement; and, That the difference from last year's contribution of $172,000. be allocated to the Community Services Department, an amount of $20,000.; and, That an additional $17,000. be allocated to the Community Services Department; and further, COUNCIL MINUTES JANUARY 29, 2001 - 29 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (Meeting of January 8, 2001) - (CONT'D) 1. (Cont'd) That prior to the expiration of the Agreement with the Chamber of Commerce of Kitchener- Waterloo (December 2001), staff review tourism delivery options and report back to Council in the Fall of 2001. FINANCE AND ADMINISTRATION COMMITTEE (Meeting of January 22, 2001) - That consideration of the request of Max Rausch on behalf of the Charities Bingo Committee for a waiver of or reduction in Bingo Licence Fees be deferred and referred to a future Finance and Administration meeting, pending a report from staff providing the following: a) information on how other municipalities in the Province have addressed Bingo Licence Fees in light of reduced bingo revenues; and, b) information concerning the staffing and auditing implications in the event the number of bingos decline; and, c) a current list of those charities conducting bingos that receive grants and are eligible for grants; and, d) an updated list of Provincial initiatives relative to bingos. That Council approve the request of Darryl Moore, on behalf of the Lyric and Metropolis Nightclubs, to reduce the fee for poster removal to $2,400., only if paid on or before February 2, 2001, for poster removal relative to those nightclubs, undertaken by staff from November 1998 to March 1999. That Council advance construction of the Doon Village Road Diversion in the Capital Forecast from 2003/2004 to 2001/2002 and finance this construction through a two year debenture, the interest costs of the debenture to be shared 2/3 by the City and 1/3 by Monarch Construction Limited; and further, That the interest rate charged to Monarch Construction be the actual rate of the debenture. That Council approve a by-law to amend Municipal Code Chapter 572 (Pawnbrokers) in the form as attached to Corporate Services Department report CRPS-01-007, dated January 18, 2001. That the City of Kitchener continue to endorse but, at this time, take no action regarding a Capital and Operating financial contribution to the Poseidon Project. (Dealt with under Delegations and Carried) That Council consider a by-law at its meeting of January 29, 2001, authorizing exterior Property Standards repairs to the properties municipally known as 18, 22, 26 and 30 Madison Avenue North, if the work has not been completed by the owner on or before June 30, 2001. That Council approve the hiring of one (1) new full-time position of Corridor Management Technologist in the Engineering Division of the Public Works Department, subject to final approval of the Department's 2001 Operating Budget. That consideration of Corporate Services Department report CRPS-01-005 (Translation Services - Televised Council Meetings), be deferred and referred to a future Finance and Administration Committee meeting to allow for circulation to and comment from the K-W Barrier Free Advisory Committee. JANUARY 29, 2001 COUNCIL MINUTES - 30 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (Meeting of January 22, 2001) - (CONT'D) That consideration of Communications Division report CAO-01-001 (Website Improvements and Staffing), be deferred and referred to Budqet Day, February 2, 2001 pending further information from staff on detailed costs and the level of service proposed. (As Amended) HERITAGE KITCHENER- That pursuant to Section 33 of the Ontario Heritage Act, Council approve the application of the owner, dated December 20, 2000, to alter the designated property, municipally known as 73 Queen Street North (Waterloo County Governor's House and Gaol) as follows: a) installation of double doors on the front entrance of the Gaol, with the doors having a glass light on the top, panels in the bottom which match as close as possible to the panels on the existing door to the Governor's house, and a glass transom above the door; b) installation of a door on the south elevation of the Governor's House having a glass light on the top, a panel on the bottom and a glass transom above; c) installation of two doors on the south elevation of the Gaol, being the "Law Enforcement Entrance" and "Emergency Exit" doors as shown on drawing A3.1 and A3.2, dated October 26, 2000, with such doors to be "Door Type G" in the "Door Schedule" Drawing A7.2, dated October 26, 2000; and further, That Council acknowledge that the owner has withdrawn its request to erect a canopy over the rebuilt front entrance of the Gaol and to alter windows in the stairs of the south elevation of the Gaol. That pursuant to Section 33 of the Ontario Heritage Act, Council approve the outstanding items in Schedule "A" to the application of the owner, dated August 9, 2000, to alter the designated property municipally known as 73 Queen Street North (Waterloo County Governor's House & Gaol), as follows: Item #1 - That the steel mesh be removed from the Gaol windows; and further, That bars be located on the following windows on the Gaol: a) 3 main floor windows and 3 second floor windows on the left side of the Gaol's rebuilt front entrance, west elevation; b) 2 main floor windows on the south elevation; c) 2 second floor windows on the north elevation; d) 3 second floor windows on that portion of the east elevation overlooking the walled courtyard; and further, That the owner be permitted to remove the existing bars from the windows, frame and retrofit as required, with bars being re-installed in the above windows with hinges, so that the bars may be opened or closed over the window opening. Item #5 - That a new arch be installed in the Gaol courtyard wall, immediately adjacent to and identical to the existing arch, to allow for vehicular access to the parking area; and, That the existing arch be infilled with stones to match the wall, the infill material to be recessed 1 foot, subject to the archstones and keystone being maintained in their existing position; and further, COUNCIL MINUTES JANUARY 29, 2001 - 31 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER- (CONT'D) 2. (Cont'd) That the opening for the new man door shall not accommodate a transom or sidelight. Item #7 - That acknowledgement be given to the fact that the applicant has withdrawn its request to remove existing archstones. Item #8 - That the door opening to the rear entrance to the Governor's House be of a size to accommodate a transom but no sidelights. Item #9 - That oval vents be installed in the gable end on the north and south elevations of the Gaol, to be identical in proportion to the plaster detail in the gable ends on the east and west elevations of the Gaol. Item #12 - That the front entrance of the Gaol be rebuilt as shown in drawing A-3-1 submitted with the application; subject to the bars remaining in the upper windows with the bricks to remain behind the bars in the two narrow windows and the configuration of the centre window being 2/2. That pursuant to Section 33 of the Ontario Heritage Act, Council approve the request of the owner to alter the designated property municipally known as 73 Queen Street North (Waterloo County Governor's House and Gaol) by installing a lead over copper cap on those portions of the Gaol wall adjacent to the new addition; and further, That if funding is available, the lead over copper cap be continued along the entire Gaol wall, and in the event that funding is not available, the remainder of the Gaol wall be protected with a parged cap. That Mr. John Clinckett be appointed a member of Heritage Kitchener for a term to expire November 30, 2001. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the Regional Pride Committee of Waterloo-Wellington and its Pride Day 2001 Celebration be exempt from the provisions of Article 7 (Radio, Amplifier, Public Address System) of Chapter 450 (Noise) of the City of Kitchener Municipal Code, between the hours of 12 noon to 7:00 p.m. for Saturday June 9, 2001. That parking be prohibited annually from January 1 to March 31 on the south side of Irvin Street, from a point 33 metres east of Scott Street to a point 33 metres west of Lancaster Street; and, That the Uniform Traffic By-law be amended accordingly. That Article 7.3 of Chapter 635 (Garbage) and Article 3.1 of Chapter 650 (Lot Maintenance) of the Municipal Code be amended to add the phrase 'or permit to be deposited' following the words 'lay or deposit' and 'dump or deposit' in c.635.7.3 and c.650.3.1, respectively; and, That the Region of Waterloo be advised of the above changes; and further, That staff be directed to contact the owner of the townhouse complex known municipally as 160 Century Hill Drive to advise of the ongoing problems relative to garbage being left at the boulevard outside of the prescribed time periods set out in Article 7 of Chapter 635 of the Municipal Code and should such occurrences continue the City will consider discontinuing garbage collection services at this location. (As Amended) COUNCIL MINUTES JANUARY 29, 2001 - 32 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That the City Clerk be directed to forward a letter to the Principal of Wilson Avenue Public School and the Waterloo Region District School Board to remind them of their responsibility to ensure snow and ice is cleared from their sidewalks within 24 hours following a snowfall, as required under Article 1.2 of Chapter 687 (Snow and Ice) of the City's Municipal Code and to encourage them as a public institution to make every effort to set a good example for others; and further, That staff be directed to view, without complaint, school sidewalks and where necessary, take measures to ensure By-law compliance. JANUARY 29, 2001 COUNCIL MINUTES - 33 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Permanent Vendor Licence It was resolved: "That Warren James Pariseau be granted 2001 Permanent Vendor and Food Shop Licences for a business to be operated at 1080 Victoria Street North under the name 'W.J. Pariseau Sales Ltd.'." ii) Adult Entertainment Parlour Attendant Licences Council was in receipt of Corporate Services Department report CRPS-01-012 (J. Koppeser), dated January 29, 2001, containing additional recommendations for Adult Entertainment Parlour Attendant Licences at three locations. It was resolved: "That the following individuals employed at 2271 Kingsway Drive, Kitchener, be granted Adult Entertainment Parlour Attendant Licences for 2001: Michelle Mader Reka Fulei Debby Simao Patricia Hay Janet Gojmerac." - and - "That Tracey Taibinger, employed at #7-280 Victoria Street North, Kitchener, be granted an Adult Entertainment Parlour Attendant Licence for 2001 ." - and - "That Angela Rosehart and Stephanie Gerber, employed at 1412 Victoria Street North, Kitchener, be granted Adult Entertainment Parlour Attendant Licences for 2001 ." - and - "That Katarzyna Ilnicki, employed at 808 Courtland Avenue East, Kitchener, be granted an Adult Entertainment Parlour Attendant Licence for 2001 ." 2. Compliance with Restrictions - 5 Washburn Drive (Ukcan II Inc.) It was resolved: "That as of January 29, 2001, the property described as Parts 6 & 21 on Reference Plan 58R-7426 and municipally known as 5 Washburn Drive, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 1440221 ." JANUARY 29, 2001 COUNCIL MINUTES - 34 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. Tender Dealt with under Delegations. Tax Sale Proceedinqs Council deferred and referred action on the staff recommendation in Finance Department report FIN-01-01 (P. Houston/O. den Ouden) to the meeting this date to allow for the circulation of additional information to Council. Councillor J. Ziegler commented that four of the properties on the list for tax sale proceedings have outstanding taxes of less than $10,000. He asked that staff prepare a report for consideration at a future Finance and Administration Committee meeting in regard to establishing a policy whereby the City would not initiate tax sale proceedings if the amount owing is less than $10,000. Mr. P. Houston advised that the last three properties on the list appended to her report can be deleted as the City has recently received payment of arrears. It was resolved: "That the City of Kitchener commence tax sale proceedings for non-payment of realty taxes and for arrears totaling $27,628.73 in respect to the residential properties corresponding to the following assessment roll numbers: 020-006-086-00-0000 040-036-190-53-0000 040-050-564-00-0000 030-016-049-00-0000." Offers to Purchase - Huron Business Park (J.T. Bakeries/Berkshire Buildinq Corporation) Dealt with under Delegations. Committee of Adjustment - Various Council was in receipt of a memorandum from J. Billett, Secretary-Treasurer, Committee of Adjustment, dated January 23, 2001. It was resolved: "That Council ratify and confirm the January 9, 2001 decisions of the Committee of Adjustment recommending approval of: · Submission No. SG 2001-001 · Submission No. SG 2001-002 - · Submission No. FN 2001-001 Club Abstract (667 King Street West) Herman Kosky (147 King Street West) Catherine J. Gillin (35 Susan Crescent)." Compliance with Restrictions- 1530 Strasburq Road Council was in receipt this date of Legal Department report LEG-01-013 (J. Shivas), dated January 25, 2001, requesting confirmation that the subject property complies with the restrictions set out in a deed from the City. COUNCIL MINUTES JANUARY 29, 2001 - 35 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Compliance with Restrictions - 1530 Strasburq Road (Cont'd) It was resolved: "That on January 29, 2001 the property described as Part Lots 14 and 16, Registrar's Compiled Plan 1471 designated as Part 1 on Reference Plan 58R-5849 and municipally known as 1530 Strasburg Road, Kitchener complied with the restrictions set out in a Schedule to Instrument No. 950742; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2. of a Schedule to Instrument No. 950742 respecting Part Lots 14 and 16, Registrar's Compiled Plan 1471 designated as Part 1 on Plan 58R-5349 and municipally known as 1530 Strasburg Road, Kitchener."