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HomeMy WebLinkAboutCouncil Minutes - 2001-11-05COUNCIL MINUTES NOVEMBER 5, 2001CITY 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 Andrea Fyck, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held October 22, 2001, and special meetings held October 22 and 29, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE (a)Letter dated October 15, 2001 from T. Arnott – MPP, Waterloo-Wellington, supporting Council’s resolution concerning municipal rights-of-way fees. (b)Letter dated October 17, 2001 from W. Wettlaufer – MPP, Kitchener Centre, addressed to Hon. N. Sterling, Minister of Consumer & Business Services, supporting Council’s resolution requesting the designation of security officers as Provincial Offences Officers. (c)Letter dated October 19, 2001 from Hon. N. Sterling, Minister of Consumer & Business Services, acknowledging receipt of Council’s resolution concerning the Building Safer Communities report. (d)Letter dated October 25, 2001, from Premier Mike Harris, acknowledging receipt of Council’s resolution concerning the funding of public infrastructure. (e)Letter dated October 26, 2001, from Hon. Elizabeth Witmer – MPP, Kitchener-Waterloo, acknowledging receipt of Council’s resolution concerning the funding of public infrastructure. (f)Letter dated October 24, 2001, from Hon. Elizabeth Witmer – MPP, Kitchener-Waterloo, responding to Council’s request for an Environmental Assessment in connection with an Ontario Power Generation proposal to install Selective Catalytic Reduction (SCR) units on the Lambton and Nanticoke coal-fired power plants. Mr. L. Gordon, Manager of Purchasing, attended with respect to the tenders listed on the Committee of the Whole agenda. He advised that he had distributed a memorandum dated October 31, 2001 with respect to Tender T01-113 and requested that it replace the memorandum attached to agenda under the same date. Mr. Gordon indicated that in the recommendation, staff had inadvertently omitted the requirement that there be a separate contract for the masonry portion of the project and the recommendation was expanded in this regard. In response to a question from Councillor C. Weylie, Mr. Gordon indicated that six companies were pre-qualified and that the recommended company stood third in rating criteria but had extensive experience in the field. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler A&M Computer “That Tender T01-095, Computer Supplies – Co-operative, be awarded to Supplies, Markham, Ontario at their tendered price of $87,774.34, plus P.S.T. & G.S.T.” - and - Ross “That Tender T01-113, Waterloo Regional Children’s Museum, be awarded to Clair/Division of R.O.M. Contractors Inc., Toronto, Ontario at their tendered price of $4,675,160., including G.S.T. less $34,2240., for the masonry portion of the contract; and further, Coretec Inc., CambridgeOntario That the City award the masonry portion of the contract to , , at their tendered price of $32,240. including G.S.T.” Carried. Mr. Brian Page, Landscape Architect and Mr. Glen Richardson, Senior Planner, attended to present three awards to the City which were accepted by Mayor C. Zehr and Councillor C. Weylie. The awards all relate to the City of Kitchener ‘Urban Design Manual’. The Canadian Society of Landscape Architects ‘Regional Professional Award’ was presented for outstanding achievement in the COUNCIL MINUTES NOVEMBER 5, 2001426CITY OF KITCHENER - - profession of landscape architecture and two 2000 ‘Excellence in Planning Awards’ were received from the Ontario Professional Planners Institute, the first being a ‘District Outstanding Planning Award’ and the second being a ‘Provincial Merit Award’. Mr. George Borovilos, Director of Economic Development, attended to present three awards to the City which were accepted by Mayor C. Zehr. He presented two awards for first and second place respectively from The Economic Developers Association of Canada (EDAC) for the Downtown Monitoring Report which fell under the category of ‘Special Purpose Brochures’ and for Your Downtown 2001 which fell under the category of ‘Direct Mailing Pieces’. He also presented the 2001 Royal Bank Economic Development Program ‘Silver Award’ to the City in recognition of the K-W Physician Recruitment Task Force. Ms. Patricia Wilkinson attended in support of the recommendation listed as part of Item B.5 of the Committee of the Whole agenda dealing with Committee of Adjustment Submission No. FN 2001-011 pertaining to a fence variance. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic “That Council ratify and confirm the October 30, 2001 decision of the Committee of Adjustment recommending approval of Submission No. FN 2001-011 – Paul and Patricia Wilkinson (478 Westforest Trail).” Carried. Mr. Joe Ward appeared on behalf of John Zivanovic Holdings Ltd. in support of Clause 1 of the Finance and Corporate Services Committee report dealing with an extension agreement in respect to tax sales. Councillor J. Ziegler questioned if Mr. Ward’s client would be more comfortable with a nine-month extension rather than six months given that the process was permissible on a one-time basis only. Mr. Ward indicated that the additional extension would be appreciated but doubted if it would be necessary and Ms. P. Houston commented that an additional three months would not jeopardize the City’s position. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That Clause 1 of the Finance & Corporate Services Committee report be adopted, as amended, to provide for a nine-month extension rather than a six-month extension in respect to the cancellation price.” Carried. Mr. Bill Kowalchuk attended on behalf of Mr. Ivan Biuk, to support Clause 5 of the Development & Technical Services Committee report pertaining to local improvement petitions on Drummond Drive. He asked for Council’s approval since all three petitions were sufficiently signed as required by the Local Improvement Act. Councillor J. Ziegler questioned if Mr. Biuk was in a position to proceed to develop Drummond Drive if the Council did not approve of installation of services by means of the Local Improvement Act. Mr. Kowalchuk responded that there was no co-operation from the landowner on the opposite side of Drummond Drive and that there was no hope of financial participation by that owner but that his client was in a position to develop the street. Councillor G. Lorentz questioned if it was true that Mr. Kowalchuk had indicated to both the Committee of Adjustment and the Ontario Municipal Board that his client would cover all the costs to develop Drummond Drive. Mr. Kowalchuk indicated that he did not recall such assurance but commented that reasons for proceeding by means of the petition method need not be enunciated. Councillor B. Vrbanovic noted that the Local Improvement Act states that a by-law ‘may’ as opposed to ‘shall’ be passed with respect to local improvement works. Councillor M. Galloway questioned if Mr. Kowalchuk’s client was willing to proceed with the project without utilizing the Local Improvement Act and Mr. Kowalchuk responded that, at this point, his client could not proceed without co-operation from the landowner on the opposite side of Drummond Drive. Councillor Galloway indicated that he was opposed to approval of the petitions as they were promoting new private development which taxpayers should not be supporting. COUNCIL MINUTES NOVEMBER 5, 2001427CITY OF KITCHENER - - Mr. Randy Martin attended in opposition to Clause 5 of the Development & Technical Services Committee report regarding the local improvement petitions on Drummond Drive. He commented on the petition process that allows a group of property owners to obtain enhanced services but noted that the problem with Drummond Drive was that the petition would provide for new development funded by taxpayer money. He pointed out that no one has put forward a good policy reason that would persuade him to approve this local improvement submission and passing a by-law is a good idea. Further, Mr. Martin indicated that he had participated at hearings of both the Committee of Adjustment and Ontario Municipal Board and advised that Mr. Kowalchuk had indicated to both bodies his clients were prepared to pay the full Drummond Drive development costs. A motion was put forward by Councillor C. Weylie, seconded by Councillor B. Vrbanovic to adopt Clause 5 of the Development & Technical Services Committee report. Councillor J. Ziegler advised that since the October 29, 2001 Development & Technical Services Committee meeting, he had reviewed the Ontario Municipal Board decision on Mr. Biuk’s requested severance. He indicated that his remarks at the meeting had been on the understanding that the City was obligated to proceed with the petitions but that he had since found out the City was not obligated and could exercise discretion. In his view, Drummond Drive represented new development and the street could be developed but not at the expense of City of Kitchener taxpayers. Councillor M. Galloway stated that he continued to oppose approving the petitions on the basis of taxpayer funding being utilized to benefit one owner. lost Clause 5 of the Development & Technical Services Committee was then voted on and . Moved by Councillor C. Weylie Seconded by Councillor M. Galloway That we not grant the petitions of Mr. Ivan Biuk, et al for construction of the following local “ improvement works on Drummond Drive: · Sanitary sewer and connections on both sides, from 45 metres north of Amherst Drive to Old Mill Road · Watermain & connections on both sides, from Amherst Drive to Old Mill Road · Class III Pavement on both sides, from Amherst Drive to the end of the Cul de Sac.” Carried. Ms. Mary Ann Wasilka attended to speak on the issue of urban sprawl which was partially related to Clause 4 of the Development & Technical Services Committee report dealing with the City’s urban area boundary. She made reference to an executive summary of her group’s discussion paper on public transportation issues, costs, affordability and sustainability in relation to urban development and urban sprawl. Ms. Wasilka advised that sprawl be contained by putting a hard limit on the urban boundary and indicated that their paper was being submitted to the Province, W. Wettlaufer – MPP and the Development & Technical Services Department. Mr. T. McCabe appeared on behalf of Werner Bromberg Limited in support of Clause 4 of the Development & Technical Services Committee report. He indicated that his request related to only 21 acres that would provide for the filling out of a planning community and maintained that accommodating his request was not promoting urban sprawl. In response to Mayor C. Zehr, Mr. B. Stanley advised that it was planning staff’s view that if consideration was to be given to the 21 acres referred to by Mr. McCabe, then logically all lands within the watershed should be considered. Mr. McCabe indicated that information requested at the Development & Technical Services Committee was still being collected and will be provided to planning staff and that it was conceivable water and sewer servicing could reach his client’s lands within two to three years. Councillor J. Ziegler commented that his concern as expressed at the Committee meeting had to do with notification and processes that were followed in respect to Mr. McCabe’s client and he did not necessarily agree that there was any obligation to other property owners of the remaining 75 acres. He again requested that information be tabled respecting the planning history of the Bromberg lands prior to and after their acquisition by Bromberg and related decisions that followed thereafter. COUNCIL MINUTES NOVEMBER 5, 2001428CITY OF KITCHENER - - Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That Clause 4 of the Development & Technical Services Committee report be adopted.” Carried. Mr. Tony Bergmeier, Chair – Christkindl Market, attended to promote the 2001 Market which is being held at Kitchener City Hall December 6-9, 2001. He displayed numerous awards that the Market has received during the last several years and stressed it was a family event that attempted to undertake something a little different every year. A video was then shown promoting the Christkindl Market. Council was in receipt of Corporate Services Department report CRPS-01-199 dated November 2, 2001 from the Manager of Licensing seeking the necessary approvals for the Market to be held at City Hall. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz “That approval be given to the organizers of Christkindl Market to hold a temporary retail th exhibition at Kitchener City Hall on December 6th to 9, 2001; and That the yearly market and festival event known as ‘Christkindl Market’ and held at Kitchener thth Municipal Significance’ City Hall between December 6 to 9, 2001 is of ‘for the following reasons: - It is based on a cherished tradition in Germany that has existed for more than 400 years. - Christkindl Markets are world renowned for their special ceremonies, festivities and entertainment, outstanding selection of gifts and foods, and elaborate city decorations. - It involves cultural, artistic and culinary displays and presentations particular to the City of Kitchener’s heritage. - It has been an award winning festival through Festivals and Events Ontario. - It is an expression of community spirit and a celebration of the Christmas season; and further, That the Special Events Facilitator be authorized to sign a contract annually subject to the City Solicitor’s approval, between the City of Kitchener and the Concordia Club allowing the Concordia Club to “lease” space from the City of Kitchener for the purpose of selling food and alcohol on Civic Square during Christkindl Market.” Carried. Mrs. Joyce Brennan attended in regard to Item B.5 of the Committee of the Whole agenda dealing with a decision of the Committee of Adjustment as it related to fence Submission No. FN 2001-013 pertaining to 28 Forest Breeze Court. Mrs. Brennan indicated that she had earlier given written objection to the Committee of Adjustment regarding this application but advised that she could now support the approval recommendation based on the imposed condition. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That Council ratify and confirm the October 30, 2001 decision of the Committee of Adjustment recommending approval of Submission No. FN 2001-013 – Linda and Zheng-Yu (Jeff) Chen (28 Forest Breeze Court).” Carried. As this was the first televised Council meeting since Mr. Jeff Fielding commenced employment with the City as its Chief Administrative Officer, Mayor C. Zehr took the opportunity to formally introduce Mr. Fielding to the viewing audience. At this time, Councillor M. Galloway advised that he wished to publicly thank Mr. Bob Pritchard for his work over the last eight months as Interim Chief Administrative Officer. COUNCIL MINUTES NOVEMBER 5, 2001429CITY OF KITCHENER - - 1. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That the report of the Development & Technical Services Committee be adopted.” Councillor J. Ziegler referred to Clause 6 of the report suggesting revisions to the list of street names in Development & Technical Services Department report DTS-01-030-BPS (Naming of the Doon Village Road Diversion), dated November 5, 2001, distributed this date. These suggested changes were agreed to by the mover and seconder as a friendly amendment to Clause 6. The report was then voted on Clause by Clause. Dealt with under Delegations and Clause 4 – Carried. Dealt with under Delegations and Clause 5 – Motion Lost. Carried, as Amended. Clause 6 – Carried. Balance of report – 2.Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That the report of the Community Services Committee be adopted.” Carried. 3.Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That the report of the Environmental Committee be adopted.” Councillor B. Vrbanovic advised that the Committee recommendation pertaining to pesticides has emerged as a result of a decision of the Supreme Court of Quebec dealing with a by-law in the municipality of Hudson. He indicated that, as a result, a co-ordinated approach to pesticide use was being sought through the Regional Municipality of Waterloo and it was his intention that this issue be subject to further discussion at the Environmental Committee along with consideration of a workplan. Councillor G. Lorentz requested that anyone who has sent in correspondence on the subject be alerted to the Committee’s consideration of this matter. Councillor B. Vrbanovic noted that he had a list of individuals who have sent responses to the Committee on this issue and that he would request staff to circulate it to members of Council to determine if there was anyone else they felt should be added to the list. Carried. The report was then put to a vote and 4.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance and Corporate Services Committee be adopted.” Council was in receipt of Development & Technical Services Department report DTS-01-027 dated November 1, 2001, prepared in response to a question that was raised at the October 29, 2001 Finance and Corporate Services Committee meeting and which addresses a deferral outlined in Clause 3 of the Committee report. Mr. G. Borovilos advised that staff had met with representatives of the City of Waterloo and the Chamber of Commerce and discussed the issue of appropriate wording to include in any Extension Agreement with the Greater Kitchener-Waterloo Chamber of Commerce and in particular as it relates to the transfer of responsibilities for the provision of tourism services from the Chamber to a new organizational structure. He noted that the Chamber proposed an alternative option for Council’s consideration which staff agree with. In this regard, a six-month contract extension is suggested that would allow for development and implementation of a new tourism service delivery structure before the contract ends. COUNCIL MINUTES NOVEMBER 5, 2001430CITY OF KITCHENER - - The Finance & Corporate Services Committee report was voted on Clause by Clause. Dealt with under Delegations and Clause 1 – Carried. Carried. Clause 3 – Carried. Balance of report – 5.Moved by Councillor M. Galloway Seconded by Councillor C. Weylie “That the report of Heritage Kitchener be adopted.” Carried. Councillor B. Vrbanovic publicly thanked members of the Fire and Police Services who responded to a recent fire on Forwell Road. He also advised that at the last Association of Municipalities of Ontario (AMO) conference he had spoken with representatives of ‘SmartCity’ and requested that Mr. F. Pizzuto update Council on Mr. J. McBride’s consideration of this matter. Councillor M. Galloway tabled the following concerns and requests: concern was expressed regarding the planning of parks in new subdivisions and he requested the process be outlined in a report as to development procedures and suggested that the park being developed for Laurentian West at Fischer-Hallman Road be utilized as an example; staff were requested to undertake a parking study of Wilderness Drive and Grey Fox Drive as to considering ‘No Parking’ on one side of each street; an update was requested on the search for corporate partners to participate in Downtown parking garage development; an update was requested on usage of the surface parking lot at the intersection of Victoria and King Streets; and reference was made to the AMO Board of Directors activity with respect to the issue of SuperBuild funding and the Board’s initiatives to encourage the Province to move forward on this matter. Mayor C. Zehr commented on Regional issues and first referenced the housing portfolio and the commitment made to undertake 1,000 affordable new housing units over the next five years. In this regard, he mentioned the 42-unit development at Charles and Cedar Streets. Secondly, he referred to public health issues and encouraged residents to take advantage of free flu shots noting there were many dates in November for residents to choose from. Councillor J. Ziegler requested that Mayor C. Zehr obtain information from the Region of Waterloo and Kitchener Housing Inc. that would detail the cost of social housing and the number of families that benefit from it. He pointed out that he wished to address the cost/benefit of a rent subsidy program versus building affordable units so as to determine which method was less costly to the taxpayer. Councillor B. Vrbanovic pointed out that Friday, November 9, 2001 was the final date for individuals to make applications for appointment to the City’s Special Committees, Advisory Committees and Boards and he publicly encouraged those with an interest in municipal affairs to submit an application. Council agreed to a request from Mr. G. Sosnoski to add three additional by-laws to the agenda for three readings this date: the first relating to the Extension Agreement with John Zivanovic Holdings Ltd.; the second by-law dealing with the St. Mary’s Heritage Conservation District; and, the third dealing with a zone change relative to lands within the St. Mary’s Heritage Conservation District. 6.Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a)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. COUNCIL MINUTES NOVEMBER 5, 2001431CITY OF KITCHENER - - (b)Being a by-law to designate part of the property municipally known as The Freeport Bridge in the City of Kitchener as being of historical and architectural value. (c)Being a by-law to exempt certain lands from Part Lot Control – Part of Block 9, Registered Plan 58M-55 – Windflower Drive. (d)Being a by-law to exempt certain lots from Part Lot Control – Part of Blocks 3 and 4, Registered Plan 58M-55 – Wake Robin Crescent and Windflower Drive. (e)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointment – Staff Provincial Offences Act. (f)To further amend By-law No. 2000-159, being a by-law to regular traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (g)Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 44, 46 and 49, Registered Plan 58M-188 - Hidden Creek Drive. (h)To confirm all actions and proceedings of the Council. (i)Being a by-law to authorize an Extension Agreement with John Zivanovic Holdings Ltd. the owner of various lots on Registered Plan 1773, in accordance with the Municipal Tax Sales Act, permitting a further nine month period of time in which the cancellation price may be paid with respect to the Arrears Certificates registered on November 23, 2000. (j)Being a by-law to designate a Heritage Conservation District and to adopt a Heritage Conservation District Plan for the area of the municipality known as St. Mary’s. (k)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 – St. Mary’s Heritage Conservation District. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 7.Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “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. 8.Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That the by-laws listed on the agenda for third reading, namely: (a)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. 2001-207) COUNCIL MINUTES NOVEMBER 5, 2001432CITY OF KITCHENER - - (b)Being a by-law to designate part of the property municipally known as The Freeport Bridge in the City of Kitchener as being of historical and architectural value. (By-law No. 2001-208) (c)Being a by-law to exempt certain lands from Part Lot Control – Part of Block 9, Registered Plan 58M-55 – Windflower Drive. (By-law No. 2001-209) (d)Being a by-law to exempt certain lots from Part Lot Control – Part of Blocks 3 and 4, Registered Plan 58M-55 – Wake Robin Crescent and Windflower Drive. (By-law No. 2001-210) (e)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointment – Staff Provincial Offences Act. (By-law No. 2001-211) (f)To further amend By-law No. 2000-159, being a by-law to regular traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2001-212) (g)Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 44, 46 and 49, Registered Plan 58M-188 - Hidden Creek Drive. (By-law No. 2001-213) (h)To confirm all actions and proceedings of the Council. (By-law No. 2001-214) (i)Being a by-law to authorize an Extension Agreement with John Zivanovic Holdings Ltd. the owner of various lots on Registered Plan 1773, in accordance with the Municipal Tax Sales Act, permitting a further nine month period of time in which the cancellation price may be paid with respect to the Arrears Certificates registered on November 23, 2000. (By-law No. 2001-215) (j)Being a by-law to designate a Heritage Conservation District and to adopt a Heritage Conservation District Plan for the area of the municipality known as St. Mary’s. (By-law No. 2001-216) (k)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 – St. Mary’s Heritage Conservation District. (By-law No. 2001-217) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 9:55 p.m. MAYORCLERK COUNCIL MINUTES NOVEMBER 5, 2001433CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1.That Council’s September 10, 2001 authorizing resolution be rescinded respecting a local improvement under Section 12 of the Local Improvement Act for the construction of a sanitary sewer and connections on both sides of Victoria Street North, from the westerly limit of 1392 Victoria Street North to Lackner Boulevard. 2.That as requested by the applicant, Demolition Control Application DC 00/10/S/SV (448 Stirling Avenue South - The Trustees of St. Stephen Lutheran Church, c/o William Shafer) be withdrawn and removed from the Committee’s list of unfinished business. 3.That Zone Change Application ZC 01/07/TC/LB (Area within the St. Mary’s Neighbourhood - City initiated) requesting a change in zoning from Residential Five Zone (R-5) and Residential Four Zone (R-4) to Residential Four Zone (R-4) with special regulation provision 353R to reduce the maximum allowable building height from 10.5 metres to 8.0 metres, on lands shown on the attached Map No.1 be approved, in the form shown in the “Proposed By-law”, dated September 14, 2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan. 4.That the request of Mr. T. McCabe, on behalf of Werner Bromberg Limited, for Kitchener Council to ‘reaffirm their previous decision’ to include lands located at the northwest corner of be deferred Fischer-Hallman Road and Huron Road in the expanded Urban Area Boundary and referred to the November 19, 2001 Development and Technical Services Committee meeting for consideration of a report from Planning staff providing detailed background information regarding the planning history of the Bromberg lands; and further, That the Region of Waterloo be requested to defer the Kitchener lands from consideration when the City Urban Area expansion to the ROPP is dealt with by the Region on November 6, 2001 in order to allow Kitchener Council to fully consider all aspects relating to the expansion of the Urban Area Boundary. (Dealt with under Delegations and Carried) 5.That we grant the petitions of Mr. Ivan Biuk, et al for construction of the following local improvement works on Drummond Drive: · Sanitary sewer and connections on both sides, from 45 metres north of Amherst Drive to Old Mill Road · Watermain & connections on both sides, from Amherst Drive to Old Mill Road · Class III Pavement on both sides, from Amherst Drive to the end of the Cul de Sac. (Dealt with under Delegations and Motion Lost) 6.1)That with respect to existing Doon Village Road and the Doon Village Road Diversion, the following be approved: a) the name Doon Village Road be retained over its existing length, notwithstanding that it will be severed in the vicinity of Anvil Street / St. Emilion Place when the new Doon Village Road Diversion is constructed resulting in Doon Village Road being two (2) separate unconnected roadways. b) the naming of the new road to be built as the Doon Village Road Diversion: · commencing in the vicinity of Anvil Street / St. Emilion Place where Doon Village Road is to be severed and extending to Tilt Drive (City portion) and, · from Tilt Drive to Doon South Drive - Street ‘A’ within Draft Plan of Subdivision 30T-95018 (Doon Mills - Monarch Construction Limited) COUNCIL MINUTES NOVEMBER 5, 2001434CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 6.(Cont’d) 1)(Cont’d) be deferred and referred to the November 19, 2001 Development & Technical Services Committee meeting for consideration of a list of names previously submitted by the public and by Planning staff as summarized in staff report DTS- 01-030-BPS excepting that: · Twine Mills Drive be changed to Twines Mill Drive, · Doon Mills Drive be changed to Doon Mill Drive, and · Doon Twines Drive be added to the list. 2)That the new street name for the Doon Village Road Diversion, chosen in accordance with the recommendation 1 b) above, be applied to Street ‘A’ within Draft Plan of Subdivision 30T-95018 (Monarch Construction Limited) with such street name to be shown on the final plan to be registered. (As Amended) 7.That Council endorse the Revised Direct Detect Fire Alarm Monitoring Installation Guidelines to allow more home security companies to qualify as Direct Detect Authorized Dealers; and, That the Canadian Alarm and Security Association (CANASA) Technician Level 1 be accepted as the minimum requirement for installing and maintaining single and two family residential Direct Detect Fire/Security Alarm Systems; and further, That Direct Detect Fire Alarm Monitoring Installation Guidelines requirements be amended to reflect this change effective October 31, 2001. 8.That with completion of the transfer of Site 132 fronting McIntyre Drive in the Huron Business Park from the City to the J. Steckle Heritage Homestead Foundation, staff be authorized to commence applications in respect to Site 132 to change the existing Municipal Plan designation and Zoning to Institutional and extend the designation pursuant to Part IV of the Heritage Act to these lands. COMMUNITY SERVICES COMMITTEE – 1. That subject to the satisfaction of the City Solicitor, the standard contract for retaining an instructor for provision of direct leisure courses, as contained in Community Services Department report CSD-01-182, be approved; and further, That the Supervisor of the Program Co-ordinator be authorized to sign the instructor contract. 2. That parking be prohibited on the north-west side of Mooregate Crescent from a point 401 metres north of Hazelglen Drive to a point 46 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. 3. That parking be prohibited on the north-east side of Highland Crescent from Highland Road West (south intersection) to a point 145 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly. 4. That parking be prohibited on the east side of Linden Avenue from a point 52 metres south of Joseph Street to a point 12 metres south thereof; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES NOVEMBER 5, 2001435CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 5.That the request of the Kitchener Downtown Business Association to provide free parking in all City of Kitchener operated parking facilities within the Downtown on Saturdays commencing November 17, 2001 and extending through the Christmas season to December 29, 2001 inclusive, be approved. 6. That subject to the 2002 budget deliberations, traffic control signals be installed at the intersection of Fischer-Hallman Road / Activa Avenue. 7.That the crossing guard facilities at Lackner Boulevard and Zeller Drive, and at Ottawa Street North and Montcalm Drive, be maintained, and that the Region of Waterloo be requested to change lane designations on Lackner Boulevard west of the intersection; and, That the lunch hour service at the crossing guard facility on Old Chicopee Drive and Holborn Drive be eliminated and the lunch hour service at the crossing guard facility on River Road at Bradley Drive be reinstated; and further, That staff provide a follow-up report by June 2002 to the Community Services Committee, respecting the intersection of Lackner Boulevard and Zeller Drive, to include current warrant statistics relative to traffic volumes and speeds. 8.That the Community Safety Zone Program be extended for an additional trial period until January 2003 and that no further zones be implemented until the trial period has been completed and its effectiveness further evaluated; and, That the existing Community Safety Zone on Westmount Road (Regional Road #50) from Chopin Drive to Erb Street in the cities of Kitchener and Waterloo, be maintained; and, That the Community Safety Zone on Queen’s Boulevard from Highland Road to Westheights Drive be removed; and, That Traffic & Parking By-law No. 2000-159 be amended to incorporate the changes to the Community Safety Zone Program; and further, That the Speed Advisory Program, in conjunction with the Regional Municipality of Waterloo and the Waterloo Regional Police Services, continue to be operated. ENVIRONMENTAL COMMITTEE – 1.That the Environmental Committee supports the approach by the Council of the Regional Municipality of Waterloo to form a working group to discuss the development of a co-ordinated process to reduce and possibly regulate cosmetic use of pesticides, and that the Region of Waterloo be advised of the City of Kitchener's willingness to participate in this process. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That, at its November 5, 2001 meeting, Council adopt a by-law to authorize an extension agreement with John Zivanovic Holdings Limited, the owner of various lots on Registered Plan 1773, in accordance with the Municipal Tax Sales Act, permitting a nine (9) month extension of the period of time in which the cancellation price may be paid with respect to the tax arrears certificates registered November 23, 2001. (Dealt with under Delegations and Carried, as Amended) 2. That consideration of the request of the Business Enterprise Centre for a 2002 budget overexpenditure of up to $50,000., as outlined in Development and Technical Service Department report DTS-01-022, be deferred and referred to Council budget deliberations; and further, COUNCIL MINUTES NOVEMBER 5, 2001436CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 2.(Cont’d) That prior to June 30, 2002, the Business Enterprise Centre provide Council with a report on its financial and partnership situation. 3. That the City of Kitchener, along with its funding partner at the City of Waterloo, approve a six- month extension from January 1, 2002 to June 30, 2002, to the Greater Kitchener-Waterloo Chamber of Commerce, for the provision of visitor information services. 4. That a new open code classification called ‘Specialized Instructor’ for the 9000 Series Pay Scale be approved, so as to allow course instructors to be paid through the payroll system. 5. That the request of Human Resources for an additional permanent full-time staff member be referred to the 2002 Budget review process. 6. That the following projects be approved for 2001 design and 2002 construction: a) Louisa Street from Weber Street to Margaret Avenue; and, b) Roy Street from Queen Street to Young street; and further, That the following financing be approved: a) $150,000. be transferred from the Simeon Street Project to Louisa Street for 2001 design; and, b) $100,000. be transferred from the Mansion Street Project to Roy Street for 2001 design. 7. That additional funding of $37,611.79 from the Sewer Surcharge fund be approved for costs related to repairs to the trunk sewer crossing the Grand River in Bridgeport. 8. That consideration of Financial Services Department report FIN-01-035, recommending Municipal Code Chapter 170 (Purchasing and Materials Management) be repealed and be deferred and referred to a future Finance and Corporate Services replaced, Committee meeting , pending review and comment by the Chief Administrative Officer. 9. That effective January 1, 2002, monthly meter reading be introduced for all utility customers; and further, That staff continue to investigate the feasibility of a joint meter reading contract with Kitchener- Wilmot Hydro Inc. HERITAGE KITCHENER – 1. That pursuant to Section 41 of the Ontario Heritage Act, Council adopt a by-law to designate as a Heritage Conservation District that part of the St. Mary’s Neighbourhood identified in Appendix “D” to Development and Technical Services Department report DTS-01-004-BPS, and forming part of the St. Mary’s Heritage Conservation District Plan, dated August 2001. 2. That the St. Mary’s Heritage Conservation District Plan, as prepared by Archaeological Services Inc., Wendy Shearer Landscape Architect Limited, L. Alan Grinham Architect Inc. and Unterman McPhail Associates, dated August 2001, be adopted and constitute Council’s intent with respect to the conservation of the St. Mary’s area. 3. That pursuant to Section 33 of the Ontario Heritage Act, approval be given to the application of the owner to alter the designated property municipally known as 73 Queen Street North (Waterloo County Governor’s House and Gaol), dated October 23, 2001, to erect a canopy over the main entrance of the Gaol, as outlined in the application. COUNCIL MINUTES NOVEMBER 5, 2001437CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – (CONT’D) 4. That pursuant to Section 33 of the Ontario Heritage Act, approval be given to the application of the owner to alter the designated property municipally known as 34 Courtland Avenue East, to remove and replace the existing windows, except the stained glass windows, with new wooden windows and replace wooden sills with concrete sills, as outlined in his alteration application dated October 23, 2001. 5. That pursuant to Section 43 of the Ontario Heritage Act approval be given to the application of the owner to alter the designated property known municipally as 12 Church Street, located in the Victoria Park Area Heritage Conservation District, to demolish the front verandah and front balcony as outlined in his alteration application dated October 31, 2001. COUNCIL MINUTES NOVEMBER 5, 2001438CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER – 1.Licences i) Adult Entertainment Parlour Attendants Council agreed to consider two additional applications for Adult Entertainment Parlour Attendant licences. It was resolved: “That Elisa Hale, employed at 2271 Kingsway Drive, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence.” - and - “That Farrah Cross and Claudette Demaere, employed at 280 Victoria Street North, Kitchener, be granted 2001 Adult Entertainment Parlour Attendant licences.” ii) Permanent Vendor / Place of Refreshment It was resolved: “That a 2001 Permanent Vendor / Place of Refreshment Licences be granted to Brian Mowat Sutherland, to operate a business known as Galleria Deli Bistro, at 40 Weber Street East, Kitchener.” 2.Compliance with Restrictions – 120 McBrine Drive It was resolved: “That as of November 5, 2001, the property described as Parts 1 and 2 on Reference Plan 58R-9183 and municipally known as 120 McBrine Drive, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 1230086.” 3.Various Tenders Dealt with under Delegations. 4.Offer to Purchase – Huron Business Park Council was in receipt of Development & Technical Services Department report DTS- 01-026 (P. Bacon/K. Bissell/G. Borovilos), dated October 30, 2001, recommending acceptance of an offer to purchase Site 147 in the Huron Business Park. It was resolved: “That Council accept the Offer to Purchase from 20061479 Ontario Limited for Part 16 and 29 on Reference Plan 58R-7426, being a parcel of land in the Huron Business Park having an area of approximately 1.840 acres at the price of $80,000 per acre for 1.840 acres, resulting in a total purchase price of $147,208.00 and subject an existing easement in favor of the First Christian Reformed Church of Kitchener and described as Parts 1 and 2 of Reference Plan 58R-9160 and reserving on easement for municipal COUNCIL MINUTES NOVEMBER 5, 2001439CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 4.Offer to Purchase – Huron Business Park – (Cont’d) services in favor of the City of Kitchener on lands described as Part 29, 58R-7426; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor.” 5.Committee of Adjustment – Various Council was in receipt of correspondence from J. Billett, Secretary-Treasurer, Committee of Adjustment. It was resolved: “That Council ratify and confirm the October 30, 2001 decision of the Committee of Adjustment recommending approval of: · Submission No. FN 2001-012- Chris Zakrzewski & Barbara Kiel (63 Highview Drive).” Submission No. FN 2001-011 – Paul & Patricia Wilkinson (478 Westforest Trail) and Submission No. FN 2001-013 – Linda & Zheng-Yu (Jeff) Chen (28 Forest Breeze Court) were dealt with under delegations. 6.Submission to Canadian Radio-Television and Telecommunications Commission (CRTC) – Carrier Access to Municipal Rights-of-Way Council was in receipt this date of Corporate Services Department report CRPS-01-200 (J. Shivas), dated November 2, 2001. It was resolved: "WHEREAS The Canadian Radio-Television and Telecommunications Commission (CRTC) issued Public Notice CRTC 2001-99 to initiate a proceeding to examine the circumstances, if any, that would justify intervention by the CRTC to alter the terms of an existing contract between a carrier and a municipality for access to municipal rights- of-way under the Telecommunications Act and in accordance with the principles set out in the Vancouver / Ledcor Decision 2001-23; AND WHEREAS the CRTC has requested submissions on this general question by November 12, 2001; AND WHEREAS the City of Kitchener has existing agreements allowing carriers access to City rights-of-way; AND WHEREAS the re-opening of existing agreements was dealt with by the CRTC in its decision 2001-23, which is currently under appeal to the Federal Court of Appeal; THEREFORE, BE IT RESOLVED that the City of Kitchener respectfully requests the CRTC to refrain from any determination of threshold jurisdictional issues and principles to be applied to a request to modify the terms of an existing agreement between a carrier and a municipality for access to municipal rights-of-way, until all court appeals of Decision 2001-23 have been finally determined; AND FURTHER, that the City of Kitchener supports the positions filed by FCM and the City of Toronto in respect of this matter."