Loading...
HomeMy WebLinkAboutCouncil Minutes - 2002-02-25COUNCIL MINUTES February 25, 2002CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor J. Smola. The meeting began with the playing of “O Canada” by the Sunnyside Public School Brass Quintet. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor B. Vrbanovic disclosed a pecuniary interest relative to a labour relations matter at an in-camera meeting of City Council held on February 18, 2002. On motion by Councillor M. Galloway, the minutes of the regular meeting held February 11, 2002, and special meetings held February 11 and 18, 2002, as mailed to the Mayor and Councillors, were accepted. In celebration of Canada’s success at the Winter Olympics, Mayor C. Zehr pointed out that several Canadian Olympic team shirts and sweaters had been hung in the Council Chamber as well as a Team Canada autographed sweater. On behalf of the City, Mayor Zehr extended congratulations to all of Canada’s Olympians who participated in the 2002 Games held in Salt Lake City. At this point the Sunnyside Public School Brass Quintet played another musical selection for those in attendance and for the televised viewing audience. COMMUNICATION REFERRED DIRECTLY TO FILE – (a)Letter dated January 22, 2002, from Hon. Cam Jackson, Minister of Citizenship, acknowledging receipt of Council’s resolution supporting a request by the K-W Barrier Free Advisory Committee for improved access for Ontarians with disabilities. Mr. L. Gordon, Manager of Purchasing, attended with respect to the tender listed on the Committee of the Whole agenda and with respect to a recommendation outlined in a memorandum dated February 25, 2002, circulated this date, pertaining to Tender T02-008 for Computers. He noted that staff had previously made a recommendation with regard to Tender T02-008 but the supplier had been unable to meet delivery requirements. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz “That Tender T02-009, Fleet Vehicles (Cargo Vans) be awarded as follows: · Item #1 – Two (2) Natural Gas Standard Cargo Vans complete to specification CKF- Weiland Ford Sales Ltd., Kitchener, Ontario 84CNG-2001, to , at their tendered price of $55,962., plus P.S.T. & G.S.T. Budget Estimate was $67,000.; · Item #2 – Six (6) Unleaded Extended Cargo Vans complete to specification CKF-92B-2001, Weiland Ford Sales Ltd., Kitchener, Ontario to , at their tendered price of $136,950., plus P.S.T. & G.S.T. Budget Estimate was $210,000.” - and - “That due to the inability of The Ram Group Inc., Vaughan, Ontario to fulfill the delivery th requirements of Tender T02-008 - Computer, Council replace the resolution of February 11, Amsdell Inc., 2002 and award the Tender to the second low bidder, at their tendered price of $112,500., plus an additional eleven (11) computers, for a total bid price of $124,875., plus G.S.T. and P.S.T. “ Carried. Mr. Leon Bensason, Heritage Planner, attended with regard to the ‘2002 Mike Wagner Heritage Awards’. He provided a multi-media presentation of the properties which he noted could be accessed through the City’s website. Mr. Bensason outlined the process in selecting the Award winners and Mayor C. Zehr, Councillor M. Galloway and Mrs. Pat Wagner then presented the following Awards: COUNCIL MINUTES FEBRUARY 25, 200292CITY OF KITCHENER - - Outstanding Achievement Awards · Waterloo Warehouse Equities (Victoria) Limited72 Victoria Street South Michael Cowie Phyllis Armitage, Elemental Lorelie Ratz, Elemental Awards of Merit · Fred & Joan Smith17 Norfolk Crescent C. Paterson, Paterson Construction · Ralph Potwarka163 Joseph Street · Chapel & Crematorium, City of Kitchener Williamsburg Cemetery L. Eckel-Braun L. Proulx Councillor M. Galloway thanked all those who had attended the reception held this date in celebration th of the 5 Annual Mike Wagner Heritage Awards. Mr. Hugh Handy, Zelinka Priamo, Guelph, attended in support of Clause 3 of the Development & Technical Services Committee report arising from its meeting held February 18, 2002 in which approval of a zone change application was recommended pertaining to the property at 403-409 Highland Road West. Mr. Handy indicated that he was also in support of the revised by-law and requested it be given three readings this date. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That Clause 3 of the report of the Development & Technical Services Committee (meeting of February 18, 2002) be adopted.” Carried. 1.Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That the report of the Development & Technical Services Committee (meeting of January 7, 2002) be adopted.” Councillor C. Weylie pointed out that members of Council were in receipt of Development & Technical Services Department addendum report DTS-02-027-BPS dated January 24, 2002, requesting revisions to the Committee report as a result of modifications that have been requested by the Waterloo Region Homebuilders Association. Councillor Weylie reviewed the revisions recommended by staff and then proposed a motion which was seconded by Councillor B. Vrbanovic to amend Clause 1 of the Committee report arising from its January 7, 2002 meeting to incorporate these Carried. revisions, which was Carried The report, as amended, was then put to a vote and . 2.Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That the report of the Development & Technical Services Committee (meeting of February 18, 2002) be adopted.” Voted on Clause by Clause. Dealt with under Delegations and Clause 3 – Carried. Carried. Balance of report – COUNCIL MINUTES FEBRUARY 25, 200293CITY OF KITCHENER - - 3.Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler “That the report of the Community Services Committee be adopted.” Carried. 4.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance and Corporate Services Committee be adopted.” Clause 7 of the report dealing with Strategic Services Department report SSD-02-005 (Integrated Benefits Strategy) was deferred by the Committee and referred to the meeting this date for consideration. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion pertaining to staff report SSD-02-005 as his wife is employed by the City of Kitchener. On motion by Councillor J. Ziegler, seconded by Councillor M. Galloway, it was agreed to add the recommendations contained in staff report SSD-02-005 (Integrated Benefits Strategy) to the Committee report in place of the deferral recommendation listed as Clause 7. The report was then voted on Clause by Clause. Carried. Clause 7 – Carried Balance of report – . Recorded Pecuniary Interest and Conflict: Clause 7 - Councillor B. Vrbanovic as his wife is employed by the City. Carried. 5.Moved by Councillor M. Galloway Seconded by Councillor C. Weylie “That the report of Heritage Kitchener (meeting of January 8, 2002) be adopted.” Carried. 6.Moved by Councillor M. Galloway Seconded by Councillor C. Weylie “That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) (meeting of February 5, 2002) be adopted.” Councillor C. Weylie noted the developer has requested the project consultant to suggest improvements to the site plan for the 17-storey apartment building which would be presented to the th March 5 Heritage Kitchener meeting. Councillor M. Galloway asked that Clause 2 in this regard be dealt with separately and indicated Heritage Kitchener supports deferral of this matter. The report was voted on Clause by Clause. Action deferred and referred to the Clause 2 – March 5, 2002 Heritage Kitchener meeting and to the March 18, 2002 Council meeting. Carried. Balance of report – COUNCIL MINUTES FEBRUARY 25, 200294CITY OF KITCHENER - - Councillor G. Lorentz advised that he was concerned over criticism expressed by Kitchener Minor Soccer over the level of support provided by the City to the sport of soccer. For the record, he noted that the City has $1.5M in a spending program to develop numerous soccer fields over the next three years and has constructed six new fields at McLennan Park. In reference to the lack of support for an indoor facility that the Association has acquired, he noted that it was located in the Township of North Dumfries. However, Councillor Lorentz pointed out that staff have been asked to review the City’s grant allocation policy and prepare a report. Councillor B. Vrbanovic referred to concerns raised with regard to a proposed commercial development at the intersection of Lackner Boulevard and Zeller Drive and pointed out that staff have been requested to investigate, as part of the Municipal Plan review process, the appropriateness of such a coffee/gas bar development adjacent to residential areas. In reference to the development at the Lackner/ Zeller intersection, he advised that a meeting had been held with the proponent which was also attended by Mayor C. Zehr, himself and the Chief Administrator and that the proponent had agreed to delay the project in order to work with City and Regional staff on the issue with the objective of finding another site. Councillor C. Weylie advised that the reconstruction/widening of Victoria Street South was scheduled to be dealt with at 7:00 p.m. on March 5, 2002 by Regional Committee and urged anyone with an interest in this matter to attend the meeting given the importance of Victoria Street as an artery within the City. Councillor M. Galloway referred to the Kitchener Seniors Woodworking and Craft Centre which was an issue staff have been working on for approximately two years for the purpose of finding a suitable location. He asked that staff coordinate a meeting with all parties to identify options and solutions. Mr. F. Pizzuto indicated that staff could provide an update at the March 25, 2002 Community Services Committee meeting. Councillor Galloway referred to the matter of brownfield legislation and advised that Ms. L. MacDonald has forwarded her concerns in this regard to him. He asked that staff prepare a report and draft resolution regarding this matter for consideration in one month by the Development & Technical Services Committee, which would be directed to the Ministry of Municipal Affairs and the Association of Municipalities of Ontario (AMO). Councillor Galloway advised that new legislation was being prepared by the Province involving the Ontario bereavement industry which he suggested the City of Kitchener should be opposing. It was requested that staff prepare a report on their concerns for consideration by the Community Services Committee at its March 4, 2002 meeting. He noted that the issue was scheduled to be considered by AMO in approximately three weeks and relates to downloading by the Province on municipalities as the Province is considering giving municipalities full responsibilities for cemeteries including those that have been abandoned. Councillor Galloway advised that he had circulated a proposed resolution to Council concerning home care services in Ontario and pointed out that many communities were experiencing rapid growth in the requirement for home care services. However, he pointed out that the Ontario government has not dealt with its financial responsibility in this regard and asked for support of the draft resolution which he amended to add circulation to area MPPs and the Ministry of the Environment. On motion by Councillor J. Ziegler, seconded by Councillor M. Galloway, it was agreed to waive Notice of Motion with respect to a resolution pertaining to home care services in Ontario. Moved by Councillor M. Galloway Seconded by Councillor J. Ziegler “WHEREAS the need for home care services is rapidly growing in Ontario due to the aging of the population and hospital restructuring; and AND WHEREAS the prices paid by community Care Access Centres (CCACs) to purchase home care services for their clients are rising due to factors beyond the control of CCACs; and AND WHEREAS the funding provided by the Ontario Government, through the Ministry of Health and Long-Term Care is inadequate to meet the growing need for home care services; and COUNCIL MINUTES FEBRUARY 25, 200295CITY OF KITCHENER - - AND WHEREAS the funding shortfall, coupled with the implications of Bill 46, the Public Sector Accountability Act, currently before the Legislature, are forcing CCACs to make deep cuts in home care services; and AND WHEREAS value-for-money audits of CCACs will demonstrate that CCACs are employing good management practices, and that such practices alone will not provide a full solution to their financial challenges; and AND WHEREAS the Equity Funding Formula used to distribute home care funding does not recognize key factors such as population health and their impact on demand for home care; now THEREFORE BE IT RESOLVED THAT the City of Kitchener hereby urges the Minister of Health and Long Term Care in Ontario to recognize the funding issue for home care in Ontario, because of the implications for an aging population and for the stability of the broader health sector; and BE IT FURTHER RESOLVED THAT the Ontario Minister of Health and Long Term Care urge the provincial government to review its position concerning the funding of home care; and AND BE IT FURTHER RESOLVED THAT copies of this resolution be sent to the Federal Minister of Health, the Minister of Northern Development and Mines, Minister of the Environment, AMO, all area MPP’s, and local municipalities.” Carried. Councillor M. Galloway advised that the Association of Municipalities of Ontario has received significant response to the issue of marijuana home-grow operations. Councillor B. Vrbanovic previously gave notice that he would introduce a motion this date in respect to the Canadian Armed Forces Reserves. He indicated that his intent was to draw attention to and support for the Reservist movement by adopting a Military Leave Policy. Councillor J. Ziegler indicated that there was a need to define the details pertaining to the request and suggested there be a link to Military Leave Policy in relation to the number of years of employment with the City. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “WHEREAS the Corporation of the City of Kitchener recognizes the vital role of the Reserve component of the Canadian Forces and the valuable contribution that the Reservists make to Canada's defense and peacekeeper programs, their communities and to their civilian employers; AND WHEREAS our local community is home to a number of reserve units including the Royal Highland Fusiliers; AND WHEREAS the Corporation is proud of the members of staff who have served and presently serve our country as Reservists; AND WHEREAS there is a need today, more than ever to encourage individuals to consider serving our country in the capacity of a reservist; AND WHEREAS in support of the Reserve Forces, and in recognition of the leadership role that we serve as a large employer of almost 2000 full-time and part-time individuals; THEREFORE, BE IT RESOLVED THAT the Council of the City of Kitchener requests staff to develop a Military Leave policy, similar to our present Leave of absence policy which, subject to departmental requirements, will allow employees to take a leave of absence without pay for up to two weeks per year for reserve training or duty. In addition, the policy shall allow for a leave of absence without pay for up to 12 months, again subject to Departmental requirements, to be granted for the purpose of participation in operational missions; COUNCIL MINUTES FEBRUARY 25, 200296CITY OF KITCHENER - - BE IT FURTHER RESOLVED THAT the City of Kitchener encourages other Canadian municipalities through our national organization, the Federation of Canadian Municipalities to develop a similar policy in recognition of the leadership role we play as employers within our communities on significant human resource initiatives such as a military leave policy; AND BE IT FURTHER RESOLVED THAT this motion be forwarded to our three local MP's and the Minister of Defense for their information.” Carried. Councillor B. Vrbanovic advised that the Skate 48 Tournament between the City of Kitchener and the City of Waterloo had raised over $2,400. in support of the Grand River Rotary Club. He also advised th that City staff’s 12Annual Rock Revival Event was a complete sellout in support of the Waterloo Region Foodbank. He indicated that a detailed report would be available at a later date. Councillor Vrbanovic, in reference to the marijuana home-grow issue, advised that the Federation of Canadian Municipalities will be holding a Board meeting this week that would deal with the matter and also pointed out that in terms of creating public awareness of the problem, CKCO-TV was televising a three-part special this week. Mayor C. Zehr commented on Regional issues noting that Regional Council had endorsed the plans for the new Highway 7. Further, he noted that the Region has applied for SuperBuild funding for a central transit corridor and in support of a Go Transit link to Toronto. At the request of Mr. G. Sosnoski, it was agreed to add five by-laws to the agenda for three readings this date. The first by-law would amend Chapter 210 of the Municipal Code with respect to Cemeteries relating to Clause 5 of the Community Services Committee report; the second by-law relates to the Municipal Plan amendment dealt with in Clause 7 of the Development & Technical Services Committee report; and finally three Zoning By-laws relating to Clauses 3, 5 and 7 of the Development & Technical Services Committee report. 7.Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz “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. (b)Being a by-law to exempt certain lots from Part Lot Control – Part of Lots 1 to 18 inclusive; 21 to 30 inclusive, 33 and 34, Registered Plan 58M-211 – Heatherwood Place. (c)To confirm all actions and proceedings of the Council. (d)Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries – Municipal. (e)Being a by-law to adopt Amendment No. 39 to the Municipal Plan – A. Bogad – 78 Francis Street North. (f)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – A. Bogad – Francis Street North. (g)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Brody Thompson, Jayne Primmer – Leander Place. (h)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – PricewaterhouseCoopers Inc. – Highland Road West. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. COUNCIL MINUTES FEBRUARY 25, 200297CITY OF KITCHENER - - 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. 8.Moved by Councillor M. Galloway Seconded by Councillor C. Weylie “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. 9.Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz “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. 2002-37) (b)Being a by-law to exempt certain lots from Part Lot Control – Part of Lots 1 to 18 inclusive; 21 to 30 inclusive, 33 and 34, Registered Plan 58M-211 – Heatherwood Place. (By-law No. 2002-38) (c)To confirm all actions and proceedings of the Council. (By-law No. 2002-39) (d)Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries – Municipal. (By-law No. 2002-40) (e)Being a by-law to adopt Amendment No. 39 to the Municipal Plan – A. Bogad – 78 Francis Street North. (By-law No. 2002-41) (f)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – A. Bogad – Francis Street North. (By-law No. 2002-42) (g)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Brody Thompson, Jayne Primmer – Leander Place. (By-law No. 2002-43) (h)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – PricewaterhouseCoopers Inc. – Highland Road West. (By-law No. 2002-44) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. COUNCIL MINUTES FEBRUARY 25, 200298CITY OF KITCHENER - - On motion, the meeting adjourned at 8:09 p.m. MAYORCLERK COUNCIL MINUTES FEBRUARY 25, 200299CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (January 7, 2002 Meeting) 1.1)That the City’s Tree Management Policy adopted in September 1994 be replaced with the Tree Management Policy document dated revised November 2001, attached to Development and Technical Services Department report DTS-01-046-BPS, as further revised to include the following recommendations 2 through 12 from the report. 2)That the Standard Residential Subdivision Agreement as approved by City Council be amended by the City Solicitor in consultation with the Development and Technical Services Department to revise existing Tree Management conditions to implement the changes to the Tree Management Policy as recommended herein. 3)Relative to the Council resolution passed on February 6, 1995 requesting the Department of Planning and Development to monitor the effectiveness of the approved Tree Management Policy, it is recommended that no financial securities be required to ensure lot grading and tree management and, instead, the Development and Technical Services Department implement measures directed towards improved communication with and among the Subdivider’s consultants providing grading and tree management services, and educational initiatives for property owners who own, or are adjacent to, areas containing trees to ensure long-term protection. 4)That for Plans of Subdivision, the Subdivider will ensure that: a) the grading consultant will certify that the Detailed Vegetation Plan and/or the Tree Preservation/Enhancement Plan conform(s) to the Lot Grading Control Plans; and b) the environmental consultant will certify the Lot Grading Control Plan conforms to the Detailed Vegetation Plans and/or the Tree Preservation/Enhancement Plan;. prior to approval of said plans by the Development and Technical Services Department. 5)That the Grading and Environmental Consultant confirm in writing to the Directors of Planning and Building that for each particular lot/block, the grading and tree management plans have been implemented in accordance with the approved plans prior to the City issuing the Final Grading Certificate. 6)That the Subdivider confirm in writing to the Director of Planning that: a)the first time home or building owner has received a copy of the approved grading and tree management plans along with written instructions on proper tree stewardship for tree(s) on their Lot/Block or; (b) that the Subdivider has provided the builder with the approved grading and tree management plans along with written instructions on proper tree stewardship for tree(s) regarding the Lot/Block noted above, and advised the builder that the builder is obligated to provide this material to the first-time home or building owner in accordance with Section 1.22 of the Standard Subdivision Agreement prior to occupancy. That Recommendation 12 of the Policy document (p. 2-3) be modified to read as per above Clause 6(b); and further, That sections 3.3.1.10 (p. 23-24) and 3.4.1.4 (p. 26) and Appendix ‘I’ (Confirmation of Receipt) of the Policy document be amended to reflect the above noted revision to Clause 6(b). 7)That all lands to be conveyed to the City as Park are to be free of any dead or hazardous trees (in locations were there is a safety issue), dump sites, litter, debris, remnant fences, barbed wire, wells, tree forts and any unnatural material/disturbances that are considered dangerous to the public or would be an inherited liability. The above noted items are to be removed or properly treated to the satisfaction of the Department COUNCIL MINUTES FEBRUARY 25, 2002100CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (January 7, 2002 Meeting) - (CONT’D) 1.Cont’d 7)(Cont’d) of Community Services in consultation with the Director of Planning prior to final approval of the Plan to be registered. Such lands will continue to be free of construction debris for a period of two years from the date of registration of the subdivision. 8) That all lands to be conveyed to the City as Open Space or Hazard Lands are to be free of any dead or hazardous trees (in locations were there is a safety issue), dump sites, litter, debris, remnant fences, barbed wire, wells, tree forts and any unnatural material/disturbances that are considered dangerous to the public or would be an inherited liability. The above noted items are to be removed or properly treated for a distance of 30 metres from any lot/block line and 10 metres on either side of a proposed or existing Community Trail, to the satisfaction of the Department of Community Services in consultation with the Director of Planning prior to final approval of the Plan, or appropriate stage of the Plan, to be registered which contain the lands to be conveyed to the City. In the event of winter conditions, the above noted requirements shall be completed by June 1 immediately following such transfer of title. 9)Where vegetation communities are identified as requiring a maintenance access for forestry management practices, land to accommodate a maintenance access is to be identified and provided with an appropriate width to the satisfaction of the Department of Community Services. If additional lands are required to provide a maintenance access, these lands would have to be considered as part of the park dedication or would be at a cost to the City to acquire. That Recommendation 15 of the Policy document (p. 3) be modified to read as per above Clause 9. 10)For all wooded wetlands which are to be conveyed to the City, the Subdivider will direct the Environmental Consultant to monitor the wooded wetlands as required by the City to ensure compliance with the approved Subwatershed Master Plan, Environmental Impact Statement, Environmental Implementation Report, General Vegetation Overview, and/or the Detailed Vegetation Plan. If, as a result of the proposed development, alteration of the quantity, quality, timing (hydroperiod), or direction of flow of surface or groundwater within or contiguous to the wooded wetlands results in an adverse environmental impact requiring any ecological restoration, any such ecological restoration activities will be the responsibility of the Subdivider. It is intended that this monitoring and maintenance period will be coordinated with the monitoring and acceptance on to maintenance, of the stormwater management facilities by the Development and Technical Services Department, or at a time acceptable to the General Manager of Development and Technical Services. That Recommendation 16 (p. 3) of the Policy document be modified to read as per above Clause 10. 11)That the Subdivider is to install signage in accordance with the PARK BOUNDARY MARKER AND CITY BOUNDARY MARKER LOCATION drawings. Such signage is to be supplied by the Department of Community Services at no cost to the Subdivider. Signage is to be installed by the Subdivider prior to the final approval of the plan to be registered. Temporary signage installed on protective fencing must remain in good order until replaced by permanent markers and signage. That Recommendation 17 of the Policy document (p. 3) be modified to read as per above Clause 11; and further, COUNCIL MINUTES FEBRUARY 25, 2002101CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (January 7, 2002 Meeting) - (CONT’D) 1.Cont’d 11)(Cont’d) That sections 3.3.1.8 (p. 23) of the Policy document be amended to reflect the above noted revision to Clause 11. 12)The Subdivider shall be responsible for the recommended location and construction of the Community Trails as identified in the review of the Draft Plan of Subdivision, to the satisfaction of the General Manager of Community Services. These Community Trails will be consistent with Community Plans, Subwatershed Master Plans (Greenspace Management Plans), Environmental Implementation Reports, General Vegetation Overviews, Leisure Facilities Strategic Plan, and Urban Design Standards for Community Trails. These trails are to be shown on the Lot Grading Control Plan(s), and located and analyzed for environmental impact in the Detailed Vegetation Plan. It is recognized that, in some instances, to eliminate or reduce unacceptable impacts to treed areas, alternative construction methods and/or locations may be required for trails. 13)That section 3.3.1.6, first paragraph – last sentence, of the Policy document (p.22) be amended to read: ‘Such lands will continue to be free of construction debris for a period of two years from the date of registration of the subdivision.’ (As Amended) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (February 18, 2002 Meeting) 1. That a Local Improvement be initiated 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 a 15 minute loading zone be established on the south side of Duke Street between a point 13 metres east of Frederick Street to a point 25 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 3. That Zone Change Application ZC 01/26/H/TMW (PricewaterhouseCoopers Inc.) requesting a change in zoning from “Service Commercial Zone (C-6)” to “Service Commercial Zone (C-6), with Special Use Provision 302U”, on lands legally described as Lot 39 and Part of Lot 40, Registered Plan 768 and Part of Filsinger Road Closed, municipally known as 403-409 Highland Road West, be approved, in the form shown in the “Proposed By-law”, dated January 14, 2002, as revised February 18, 2002 to provide a technical correction to include reference to Special Regulation Provision 1R and to also provide for several technical corrections of property descriptions and relating mapping revisions, 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. (Dealt with under Delegations and Carried.) 4.That Demolition Control Application DC 01/09/Q/DR (Drewlo Holdings Ltd.), for which the owner is requesting approval for the demolition of a single detached dwelling at 560 Queen be deferred and referred to the March 18, 2002 Council meeting for Street South consideration . COUNCIL MINUTES FEBRUARY 25, 2002102CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (February 18, 2002 Meeting) – (CONT’D) 5.That Zone Change Application ZC 01/16/L/DR (471 Leander Place), on behalf of the owners Brody Thompson and Jayne Primmer, requesting to add Special Use Provision 299U on lands legally described as Plan 674 Part Lot 32 Lot 33, Part Lot 1 RP 58R-6248 Part Lot 2, in the City of Kitchener, be approved, in the form shown in the Proposed By-law dated January 30, 2002, 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. 6.a)That with respect to the schematic design concepts for the parking structure at Charles and Benton Streets as presented by Read Jones Christoffersen / Diamond and Schmitt Architects, the consultants be advised the City prefers a design incorporating a combination of the brick and screen options so as to reduce the mass of the structure. b)That a retail/commercial component be included on the Benton Street frontage of the development. c)That the cost of the retail/commercial component, estimated to be in the order of $150,000 to $200,000, be included as an overexpenditure of the project. d)That staff be requested to review and discuss the proposal with officials of K-W Oktoberfest Inc. for the purpose of obtaining input. e) That the features and preferences with respect to the parking structure as discussed by the Development and Technical Services Committee be incorporated into revised concepts and drawings for presentation to Committee / or Council at the appropriate time. 7.1)That Municipal Plan Amendment Application MP 01/05/F/DR (78 Francis Street - A. Bogad), be approved, being an amendment to: a) Add Special Policy 34 to Part 3, Section 12 as follows: 34.Notwithstanding the Downtown - Commercial Residential designation, on lands municipally known as 78 Francis Street North, retail uses shall be permitted within the existing building. b) Amend Map 8 to include Special Policy 34 as shown on Schedule A attached. It is the opinion of this Committee that approval of this application is proper planning for the City. 2)That Zone Change Application ZC 01/18/F/DR (78 Francis Street - A. Bogad) requesting a change in zoning from Commercial Residential Zone (D-5) to Commercial Residential Zone (D-5) with Special Use Provision 300U, on lands legally described as Lot 127, Registered Plan 374, be approved in the form shown in the revised “Proposed By-law”, dated January 10, 2002 distributed February 18, 2002 which provides a technical correction to include reference to Special Regulation Provision 103R, 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 (78 Francis Street) to the City’s Municipal Plan. 8. That a grant in the amount of $1,600 be approved, in favour of Anna and Adolf Bogad, which represents 50% of the application fees relative to Municipal Plan Amendment Application MP 01/05/F/DR and Zone Change Application ZC 01/18/F/DR pertaining to 78 Francis Street North. COUNCIL MINUTES FEBRUARY 25, 2002103CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (February 18, 2002 Meeting) – (CONT’D) 9. That the request by the Old Mill Partnership to remove ‘Holding’ provision 41H established under Zone Change Application ZC 99/08/O/GR (3040 Old Mill Road) on lands legally described as Part of Lot 11, Beasley’s Old Survey, in the City of Kitchener, be approved in the form shown in the “Proposed By-law” dated January 28, 2002. It is the opinion of this Committee that approval of this application is proper planning for the City. 10. That the portion of Lantern Street in Registered Plan 58M-180 shown on the plan attached to Development and Technical Services report DTS-02-032-BPS be renamed Winifred Street; and further, That the Corporate Services Department and Legal Services be instructed to proceed with the legal name change process and prepare the necessary by-law. 11. That the City of Kitchener take no action on the request by the Federation of Canadian Municipalities (FCM) to participate in four workshops over two years starting in January 2002 and designed to assist and encourage municipalities to create their own Environmental Management System or register to ISO 14001; and, That the City of Kitchener explore the development of its own ‘made in Kitchener’ Environmental Management System based in part on ISO 14001; and further, That should the City wish to move towards certification in ISO 14001 at a later date, such certification would not be on a corporate wide basis but would focus on a specific single municipal operation such as Utilities. COMMUNITY SERVICES COMMITTEE – 1. That the City co-host with The Boys and Girls Club of Ontario a “Peer Mentoring for Youth in Sport and Recreation” Community Workshop on March 23, 2002; and further, That subject to the satisfaction of the City Solicitor, the Acting Facilitator of Seniors, Leisure Programs and Volunteer Management be authorized to sign the Hosting Agreement as attached to Community Services Department report CSD-02-056. 2. That subject to the satisfaction of the City Solicitor, the Showcase Rental Contract be approved as attached to Community Services Department report CSD-02-058; and further, That the Supervisor/Manager of the City facility in which the Showcase is to be located be authorized to sign the Showcase Rental Contract. 3. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a licence agreement with the owner(s) of 3734 King Street East, Stefan and Olga Nagy, as attached to Community Services Department report CSD-02-053, to construct part of a public trail known as the Walter Bean Grand River Trail on a portion of their property. 4. That subject to the satisfaction of the City Solicitor, the Co-Ordinator of Athletics be authorized to sign a Display or Exhibition Space Short Term Contract with The Cadillac Fairview Corporation Limited, as attached to Community Services Department report CSD-02-059, for the purpose of renting and using space for Minor Sports registrations on March 1 and 2 and September 6 and 7, 2002; and further, COUNCIL MINUTES FEBRUARY 25, 2002104CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 4.(Cont’d) That subject to the satisfaction of the City Solicitor, the Co-ordinator of Athletics or the Manager of Administrative Services be authorized to sign the Display or Exhibition Space Short Term Contract with local mall owners/property managers, including The Cadillac Fairview Corporation Limited, for the purpose of renting and using space for future City related activities. 5.That staff of Legal Services be directed to prepare a by-law to amend various clauses of Municipal Code Chapter 210 (Cemeteries - Municipal) in accordance with revisions set out in Community Services Department report CSD-02-055. 6.That the Cemetery Unit implement a Corporate Education and Partnership Program as outlined in Community Services Department report CSD-02-062. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That the request of Mr. George Demetriou to amend Municipal Code Chapter 504 (Adult Entertainment Parlour Location) Section 504.2.1 to include 1 Queen Street North as designated location for the operation of an Adult Entertainment Parlour be refused. 2.That effective March 1, 2002, the water rate be set at $0.831 per cubic meter and the sewer rate be set at $0.6233 per cubic meter. 3.That the application of David Wood requesting an exemption from Municipal Code Chapter 408 (Animals – Regulation) to allow him to keep pigeons on the property municipally known as 177 Binscarth Avenue, be approved. 4.That the request of the Special Events Division to invite vendors to sell food on the following st dates on Civic Square, June 14, July 5, 9, 11, 16, 23, 30, August 10, December 4 to 8 & 31, 2002; and in Victoria Park on May 19 & 20, June 22 & 23, August 17 & 18, 2002, be approved provided the necessary licence is obtained, which includes Health and Fire approval; and, That the request of the Special Events Division to offer liquor sales in Civic Square and Victoria Park on the following days, May 19 & 20, June 22 & 23, July 5, August 10, December 4 to 8, 2002, be approved; and, That the request of the Special Events Division for exemption to Chapter 450 (Noise) on Civic Square and in Victoria Park on the following dates, May 19 & 20, June 14, 22 & 23, July 5, 7, 9, 11, 14, 16, 21, 23, 28 & 30, August 4, 10, 17 & 18, December 4 to 8 & December 31, 2002, be approved; and, That K-W Multicultural Festival, June 22 & 23, 2002, and Christkindlmarket, December 4 to 8, 2002, be declared Events of Municipal Significance, in celebration of the diverse ethnic makeup of our community, for the purpose of applying for a liquor licence; and, That the request for Fireworks in Victoria Park on May 19 or 20, 2002 be approved provided the necessary permit is obtained from the Fire Department and that the insurance certificate and proof of compliance with the Explosives Act is presented; and further, That the Special Events Manager be delegated the authority to apply for a Liquor Licence on behalf of the City of Kitchener for “Rock through the Ages” on July 5, 2002 in Civic Square. 5.That the request of John Cocking, Instant Replay Flyball Team, for an exemption from the Pit Bull provisions of Municipal Code Chapter 530 (Dogs) to allow Pit Bulls to compete in the Flyball Tournament at the Berkley Ballroom, Bingeman Park, on July 20 & 21, 2002, be approved subject to the following conditions: COUNCIL MINUTES FEBRUARY 25, 2002105CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 5.(Cont’d) a) the operators of the tournament shall provide the Kitchener-Waterloo and North Waterloo Humane Society, in advance, with a list of those individuals bringing and handling Pit Bulls; and, b) all Pit Bulls shall be muzzled and kept on a short leash while outside the Berkley Ballroom premises. 6. That Mr. Elvis Ellison and Mr. Glen Woolner be appointed to the Downtown Advisory Committee representing Downtown Restaurant and Downtown Developer respectively, for a term ending November 30, 2002. 7.That Strategic Services Department report SSD-02-005 (Integrated Benefits Strategy) be received and the following recommendations be approved: 1)Effective April 1, 2002, that contracts be entered into with Liberty Health to provide employee benefits (i.e. health care, dental, life and long term disability); 2)That funding of benefit programs concerning Administrative Services Only (ASO), be incorporated in the text of the corresponding agreements noted in Staff Recommendation #1 above; 3)Effective April 1, 2002, that the City engage the services of Family Services as the City’s Employee Assistance Program (EAP) provider; 4)That staff be directed to investigate and report back on the feasibility of offering: a) a health and wellness program for all City staff b) a flexible benefit program (spending account) to management and non-union staff; 5)That the topic of Private Duty Nursing be referred to Employee Relations for discussion during the current round of contract negotiations. 8. That the request of Christopher-Lee Holdings for a grant of $11,536.00 representing the amount equal to the development charges for 4 new dwelling units at 19, 29, 45 & 55 Spadina Road East, Kitchener, be approved. 9.That the ‘Rental Agreement’ for Natural Gas Rental Hot Water Service; and the ‘Master Builder Application for Rental Water Heaters’ and accompanying ‘Builder Program – Conditions of Rental Agreement’ for the Residential Builder Program; all as attached to Financial Services Department report FIN-02-006, be approved; and further, That subject to the approval of the City Solicitor, minor changes to these standard agreements may be made to accommodate the specific contractual needs of the City, its customers or their agents, at the discretion of the Manager of Business Development, Utilities. 10. That the ‘Foundations for the Corporate Plan’, as attached to Strategic Services Department report SDS-02-004, be approved, and further, That the City’s administration be directed to develop strategies to implement the direction of Council. COUNCIL MINUTES FEBRUARY 25, 2002106CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – 1. That the following properties receive 2002 Mike Wagner Heritage Awards: a)Outstanding Achievement Award i)Property: 72 Victoria Street South Owner: Waterloo Warehouse Equities (Victoria) Ltd. Contractor/Consultant: Phyllis Armitage & Associates Restoration and Adaptive Reuse of Building Which has Helped to Preserve the Integrity of Kitchener’s Industrial Heritage b)Awards of Merit i)Property: 17 Norfolk Crescent Owners: Fred & Joan Smith Contractor: Paterson Construction Sympathetic Front Porch Addition to a Wartime House Located Within the St. Mary’s Heritage Conservation District ii)Property: 163 Joseph Street Owner: Ralph Potwarka Long Term Commitment to the Restoration and Preservation of this House iii)Property: Williamsburg Cemetery Owner: City of Kitchener Salvage and Reuse of Former Mennonite Chapel in the Construction of the Chapel and Crematorium at the Williamsburg Cemetery HERITAGE KITCHENER – (February 5, 2002 Meeting) 1. That pursuant to Section 43 of the Ontario Heritage Act, Council approve the application of the owner (HPA #2002-V-02) to demolish the detached garaged on the designated property municipally known as 31-33 Schneider Avenue, located in the Victoria Park Area Heritage Conservation District. 2. That pursuant to Section 43 of the Ontario Heritage Act, Council refuse the application of the owner (HPA #2002-V-03) to alter the designated property municipally known as 530-540 Queen Street South, located in the Victoria park Area Heritage Conservation District, by construction a 17 story apartment building and parking lot, for the following reasons: a) lack of a Heritage Impact Assessment which would identify any potential impact on the Heritage Conservation District, and ways of mitigating the impact; and, b) the proposed development is inconsistent with the guidelines in the Victoria Park Area Heritage Conservation District Plan, and inconsistent with efforts to maintain the heritage of the Victoria Park Neighbourhood. (Action deferred and referred to the March 5, 2002 Heritage Kitchener meeting and to the March 18, 2002 Council meeting) COUNCIL MINUTES FEBRUARY 25, 2002107CITY 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. ADMINISTRATIVE REPORTS – 1.Licence i) Adult Entertainment Parlour Attendant It was resolved: “That Kristine McAuley, employed at 2271 Kingsway Drive, Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence.” 2.Surplus Land – 33 Cedar Street North It was resolved: “That the City-owned property at 33 Cedar Street North described as Part of Lot 1 East of Cedar Street, Registered Plan 365, designated as Part 1 on Reference Plan 58R- 13267 be declared surplus to the City's needs and be transferred to Kitchener Housing Inc. as part of the Cedar Hill Housing Partnership Proposal; and further, The Mayor and Clerk be authorized to sign the necessary documentation relating to the transfer.” 3.Garden Suite Agreement Amendment – 47 Ellis Avenue It was resolved: “That the City approve the re-occupancy of the garden suite at 47 Ellis Avenue, Kitchener by Marjorie B. Harrop; and further, That the Mayor and Clerk be authorized to execute an amendment to the Garden Suite Agreement, registered on September 9, 1996 as Instrument No. 1307396, between the City and Dianne Roedding and Shirley Harrop, to permit the garden suite to be only so re-occupied.” 4.Surplus Land – Mill Street and Sydney Street South It was resolved: “That the City convey Part Lot 348, Plan 262 being Part 2 on Reference Plan 58R- 13297 for the sum of $2,406.83 to the registered owner(s) of abutting lands at 311 Sydney Street South and Part Lot 348, Plan 262 being Part 5 on Reference Plan 58R- 13297 for the sum of $757.79 to the registered owner(s) of abutting lands at 526 Mill Street; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor.” 5.Tender Dealt with under Delegations. COUNCIL MINUTES FEBRUARY 25, 2002108CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – (CONT’D) 6.Land Purchase – 322 –332 King Street East A recommendation was introduced arising from in-camera consideration this date. It was resolved: “That the City confirm the purchase of Part Lots 12 and 18, Plan 364, designated as Parts 1, 2 and 5, Reference Plan 58R-4303, subject to a right of way over Part 2 and together with a right of way over Parts 3 and 4, on the said Reference Plan, together with a right of way over Part 1, Reference Plan 58R-1079, municipally known as 322- 332 King Street East, from Loc Van Nguyen and Mai Thi Tran c.o.b. as Hong Kong Fashions.” Councillor M. Galloway requested to be recorded as opposed to the purchase of 322- 332 King Street East.