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HomeMy WebLinkAboutCouncil Minutes - 2002-03-18COUNCIL MINUTES March 18, 2002CITY 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 Erika Stein and Pareesa Bina of Caring Kids. On motion by Councillor C. Weylie the minutes of the regular meeting held February 25, 2002 were amended with respect to the home care services resolution on Page 95, by removing the direction to forward the resolution to the Minister of Northern Development and Mines and the Minister of the Environment and by adding direction to circulate to the Provincial Minister of Health. On motion by Councillor C. Weylie, the minutes of the regular meeting held February 25, 2002, as amended, and the minutes of special meetings held February 25 and March 4, 2002, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – (a)Letter dated February 18, 2002, from David L. Lindsay, President and CEO, Ontario SuperBuild Corporation, acknowledging receipt of Council’s resolution concerning federal and provincial support for public infrastructure funding. (b)Letter dated March 1, 2002, from the Hon. E. Witmer, Minister of the Environment, acknowledging receipt of Council’s resolution supporting the recommended Highway 7 alignment. (c)Letter dated March 4, 2002, from the Hon. Michael D Harris, Premier of Ontario, acknowledging receipt of Council’s resolution supporting the recommended Highway 7 alignment. (d)Letter dated March 8, 2002, from K. DeGaust, Office of the Minister of National Defence, acknowledging receipt of Council’s resolution involving development of a military leave policy. (e)Letter dated March 7, 2002, from T. Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council’s resolution supporting the recommended Highway 7 alignment. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic “That Tender T02-018, Chiller and Brine Header Replacement for Don McLaren and Lions to Cimco Refrigeration, London, Ontario Arenas be awarded at their tendered price of $174,933., plus G.S.T.” - and - Bre- “That Tender T02-012, Ralgreen Community Earthworks and Restoration, be awarded to Ex Limited, London, Ontario at their tendered price of $1,720,652.75, provisional items and contingency of $13,790.00 and G.S.T.” - and - “That Tender T02-001, Concrete Sidewalk and Curb Construction and Repair, be awarded to United Contracting (London) A Division of 1123491 Ont. Inc., London, Ontario at their tendered price of $593,686.50, including a contingency of $36,619.50 and G.S.T.” - and - Steed and Evans “That Tender T02-002, Road & Surface Construction, be awarded to Limited, Kitchener at their tendered price of $2,569,793.32, including a contingency of $25,018.50 and G.S.T.” - and – COUNCIL MINUTES MARCH 18, 2002113CITY OF KITCHENER - - G.E. Capital IT “That Tender T02-011, Microsoft Select Master Agreement, be awarded to Solutions, Mississauga, Ontario , at their tendered price of $135,659.65., plus G.S.T. & P.S.T.” Carried. The following individuals received Awards of Merit and Certificates of Service in recognition of their serving on Special Committees and Boards under the jurisdiction of City Council. Many of the recipients were in attendance this date and personally received their Awards/Certificates which were presented by Mayor C. Zehr and individual members of Council. A Certificate of Service is given for up to five years of service and an Award of Merit for service in excess of five years. Awards of Merit Michael CartyWilliam PooleKarin Voisin Antonio BritoMesut Koray KuzucuogluLori Koebel Myra SouthArthur Diegel Certificates of Service Kelly GonsalvesDoug RoseJanet Baker Steve BurekJoyce PalubiskiShakuntala Ahluwalia Ahmed Geddi MohamudAyshe RemziJake Smola D’Arcy FarlowPhilip FernandezElaine Rees Bryan StortzLorna FergusonLori Gove Jim WallaceJamie GrantHarry Froklage Robert AchtemichukMelissa DohertyStephen Lefneski Marilyn SykesPeter BufeAnthony Bender David M. PellyRobert McGuffinS. Howard Rotberg Donna KuehlKaren Taylor-HarrisonTom Brennand Chris CowieDeborah SchlicterRobert Burns Tim DicksonAmanda KutlerCandace A. Perry David A. RyanMichelle Smith Mr. G. Borovilos advised of two 2001 Marketing Awards given to the City by the Economic Developers Council of Ontario. The first award, Product Development – Workforce Development was received for the development, through partnership, of the Business Enterprise Centre. The second award, Publications – Program Brochures was received for the Development Handbook targeting business retention and expansion. Mayor C. Zehr accepted the Awards on behalf of Council. Mayor Zehr and Mr. Borovilos thanked all Economic Development staff and the staff of the Communications Division for the extensive work involved in these successful projects. Mr. Bob Waters, Waters & Hastings, appeared on behalf of the owner of 39 Fairbank Place and in support of the Committee of Adjustment recommendation regarding erection of a fence listed as Item B.12 on the Committee of the Whole agenda. Ms. Diane Di Novo, 35 Fairbank Place, appeared in opposition to the Committee of Adjustment recommendation stating that she felt the Committee of Adjustment process should be for exceptional situations only. She was also of the opinion the height of the fence between the garage and the street line obstructs visibility for pedestrian and vehicular traffic making it difficult to back out of the driveway. Mr. B. Stanley advised the by-law permits fences of a maximum height of 3 ft. when located ahead of the building line. He noted the Committee’s conditional approval requiring reduction in the height of the existing fence to 3 ft. for a distance of 15 ft. back from the front property line, which he believed was an attempt on the Committee’s part to provide sight lines for pedestrian and vehicular traffic. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That the application of Catherine Steinberg requesting permission to legalize an existing chain link fence commencing from a point 4.5 m (15 ft.) from the front lot line, along the southerly side yard toward the existing dwelling a distance of 3.96 m (13 ft.), having a height of 1.52 m (5 COUNCIL MINUTES MARCH 18, 2002114CITY OF KITCHENER - - ft.) rather than 0.91 m (3 ft.), on Lot 13, Registered Plan 1441, 39 Fairbank Place, Kitchener, BE APPROVED Ontario, , subject to the following condition: 1. That the height of the existing fence shall be reduced to 0.91 m (3 ft.) within 4.5 m (15 ft.) of the front lot line.” Carried. Mr. B. Hermsen, MacNaughton Hermsen Britton Clarkson Planning, was in attendance with respect to Clause 1 of the DTS Committee report of February 18, 2002 regarding a Demolition Control Application for 560 Queen Street South and, in respect to Clause 2 of the Heritage Kitchener report regarding the proposed construction of an apartment building at 530-540 Queen Street South. He advised Council that the subject property is partially within the Victoria Park Heritage Conservation District and is zoned to permit high-density development. Mr. Hermsen requested that Council adopt the staff recommendation to approve the Demolition Control Application noting this property is outside the Heritage Conservation District. He also requested that if Council adopts the Heritage Kitchener recommendation regarding the completion of a Heritage Impact Assessment, that specific conditions be imposed as part of the study. He asked that the terms of reference be prepared in the context of Section 2.2 of the Conservation District Plan; that Kitchener planning staff prepare a report commenting on all of the issues for Heritage Kitchener review and, with a report and recommendation to Council no later than June 17, 2002. There were several delegations in attendance to address Council in this regard, all residents of the Victoria Park neighbourhood. Ms. Susan Schumacher, 27 Schneider Avenue, presented her concerns with respect to the proximity of the proposed apartment building and underground parking garage to the restored/renovated coach house in her rear yard, and questioned the impact on the coach house from the vibrations created during construction and excavation. She advised of her support for undertaking a Heritage Impact Assessment. Mr. Eric Haldenby advised that he supports development on this site but requested that a Heritage Impact Assessment be undertaken before the development proceeds. It was his opinion the proposed development is incompatible with built form within the Heritage Conservation District. He noted Council’s familiarity with the principle of compatible development through the studies the City has undertaken for its own lands in the Downtown. Mr. Haldenby added that form, volume and density are related and have an impact, in some manner, on heritage characteristics of the area. Ms. Miriam Schneider appeared as a representative of Kitchener Neighbours for Appropriate Development, based in the Victoria Park neighbourhood, and requested Council’s support for a Heritage Impact Assessment. She stated that there are several important aspects to be considered, including: the residents are without proper heritage advice due to the City’s Heritage Planner’s conflict of interest; and, there is a lack of clear direction as the Municipal Plan is in conflict with the Heritage Conservation District Plan. Mr. Mario Chilanski offered his opinion that development of the apartment building as proposed will lead to further eroding of the character of the Victoria Park area. Mr. Bruce Berry referred to Municipal Plan Amendment No. 36, recently approved by the Region, which reduces the floor space ratio from 4 to 2. He stated that in the three public meetings he has attended on this proposal, nothing has been mentioned about this reduction in density. Mr. Berry also noted that Compass Kitchener’s vision is about neighbourhood preservation, and suggested there are ways for the developer to make money and still enhance the character of the neighbourhood. Mr. Darryl Fletcher, Co-Chair of the Victoria Park Neighbourhood Association, advised of his support for a Heritage Impact Assessment. Mr. Michael McGuire stated that although he supports development in the Victoria Park and Downtown areas as a means of continued growth, he cautioned that any development must proceed in a way that will enhance the heritage aspects of the area. He suggested that it is the character of the Victoria Park neighbourhood that attracts developers and the current proposal would detract from this and devalue the properties. COUNCIL MINUTES MARCH 18, 2002115CITY OF KITCHENER - - Ms. Miriam Sokvitane suggested this development would not be attractive to prospective tenants because of the view of the untidy rear yards abutting the property and the wrecking yard on the other side of the Iron Horse Trail. She suggested the developers would be better off finding another location for this apartment building. Councillor J. Ziegler questioned whether there are any other undeveloped sites in this vicinity with similar zoning, and Mr. Stanley advised that there are other properties on Queen Street and Joseph Street, along with a limited number of properties on Victoria Street. When questioned as to the procedure and risks involved in changing the zoning, Mr. Stanley advised that the applicant bought this property with its current zoning, and a zone change would leave the City open to action by the property owner. With respect to Ms. Schumacher’s concerns about vibration damage to her property during construction and excavation, Mr. Stanley noted the situation would be considered through the Heritage Impact Assessment and brought to the attention of the developer and the Chief Building Official. Councillor B. Vrbanovic requested pertinent extracts from the Victoria Park Area Heritage Conservation District Plan and a map of the surrounding properties, outlining zoning be circulated to members of Council. Mr. Stanley advised that a Heritage Impact Assessment should provide the objective information normally provided by the City’s Heritage Planner. He further advised that the Heritage Impact Assessment can only address those policies identified in the Heritage Conservation District Plan and that density or height are covered by the Zoning By-law under the Planning Act. With respect to the question of who is responsible for hiring the consultant to undertake the Heritage Impact Assessment, Mr. Stanley advised that the developer has this responsibility. He added that the City must rely on the integrity of the consultant, but has the option of requesting a peer review of the consultant’s report. With respect to Mr. Hermen’s requested timing, Mr. Stanley advised of the importance of retaining some timeline as a target and anticipated that the process could be completed prior to June 17, 2002. Councillor Vrbanovic requested the assessment process examine the relationship between the zoning and the Heritage Conservation District Plan policies for new buildings. Councillor Ziegler advised that he is in support of a Heritage Impact Assessment and deferral of the Demolition Control Application; cautioning Council with respect to the developer’s rights under the Zoning By-law. Councillor M. Galloway put forward a motion, seconded by Councillor B. Vrbanovic, to adopt Clause 2 of the Heritage Kitchener report of this date. The main motion was subsequently amended to include Mr. Hermsen’s requested conditions along with direction regarding a public open house and circulation of a staff report commenting on the impact. The main motion was then voted on, as amended: Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That consideration of Heritage Permit Application 2002-V-03, for the development of an apartment building to be partly located on the property municipally known as 530-540 Queen Street South, located in the Victoria Park Area Heritage Conservation District, be deferred pending completion of a Heritage Impact Assessment and review by Heritage Kitchener with a recommendation to Council on or before June 17, 2002; and, That the Terms of Reference for the Heritage Impact Assessment direct that the proposed development be reviewed and analyzed in the context of Section 2.2 (New Building) of the Victoria Park Area Heritage Conservation District Plan; and, COUNCIL MINUTES MARCH 18, 2002116CITY OF KITCHENER - - That the consultant preparing the Heritage Impact Assessment be directed to hold a public open house involving area residents; and further, That the staff report prepared in conjunction with the Heritage Impact Assessment and for consideration by Heritage Kitchener, be circulated to area residents and interested parties a minimum of two weeks prior to the June 17, 2002 Council meeting to allow for review and comment.” Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That consideration of 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 Street South be deferred and referred to the Council meeting on or before June 17, 2002, when the Heritage Impact Assessment for 530-540 Queen Street South will be considered.” Carried Unanimously. Ms. K. Bissell and Mr. G. Borovilos, provided Council with highlights of the Business Development Workplan for 2002. The presentation included information with respect to the relationship between the work of the Economic Development Division and that of Canada’s Technology Triangle (CTT). In addition, Council was provided this date with copies of Development & Technical Services Department report DTS-02-051, dated March 7, 2002; containing an assessment of CTT’s effectiveness. This report had been provided in response to Councillor Ziegler’s Motion to Reconsider Council’s resolution of January 18, 2002, regarding funding for CTT. Mr. Borovilos introduced the staff report, noting that CTT has merit; however, fundamental change is required, as outlined in the staff report. Councillor Ziegler thanked staff for their report and withdrew his request for reconsideration at this time. He indicated he would like to see Economic Development staff meet with their counterparts in the Region in this regard and report by November 30, 2002. Mayor C. Zehr noted that two members of the CTT Board of Directors were seated in the audience, and stressed that Council’s concerns do not involve CTT Board members whose volunteer work is greatly appreciated. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That Council’s resolution of January 18, 2002, be amended to allow until November 30, 2002, for a report to be presented to the Finance and Corporate Services Committee with respect to future funding, strategic planning and goals for Canada’s Technology Triangle; and that in the interim, Economic Development staff meet with their counterparts within the Region to discuss revised terms of reference for a restructured CTT organization, with any report in this regard being circulated to the Region of Waterloo and area municipalities.” Carried. Councillor Weylie acknowledged Ms. S. Lascelles, in the audience, with respect to Clause 3 of the Development & Technical Services Committee report of March 4, 2002. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That Clause 3 of the Development & Technical Services Committee report (March 4, 2002) be adopted.” Carried COUNCIL MINUTES MARCH 18, 2002117CITY OF KITCHENER - - 1.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.” Dealt with under Delegations and Carried. 2.Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That the report of the Development & Technical Services Committee (meeting of March 4, 2002), be adopted.” Voted on Clause by Clause. Dealt with under Delegations and Clause 3 – Carried. Carried. Balance of report – 3.Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic “That the report of the Community Services Committee be adopted.” Carried. 4.Moved by Councillor Seconded by Councillor “That the report of the Environmental Committee be adopted.” Carried. 5.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance and Corporate Service Committee be adopted.” Carried. 6.Moved by Councillor M. Galloway Seconded by Councillor “That the report of Heritage Kitchener be adopted.” Voted on Clause by Clause. Carried. Clause 1 – Dealt with under Delegations and Clause 2 – Carried, as Amended. Members of Council were in receipt of Community Services Department report CSD-02-070, dated March 15, 2002, recommending the approval of agreements in connection with the City’s partnership with Barrel Works (Kitchener) Ltd. to build the new Kitchener Market project. Mr. F. Pizzuto advised that the City’s portion of costs for the project is $18.1M and significant financial contributions toward this cost will be made by the Federal and Provincial governments. Barrel Works portion of the costs is $12.4M. He then advised that demolition of the site will commence in April, 2002, with substantial completion of the development by November, 2003. Mr. Pizzuto thanked the City’s solicitors and Barrel Works for contributing to the success of this project. Several members of Council spoke favourably of the project and the partnership with Barrel Works, and thanked staff and the City’s solicitors, Weir Foulds, for the extensive work to bring the project to this stage. COUNCIL MINUTES MARCH 18, 2002118CITY OF KITCHENER - - Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie “That the City of Kitchener ratify the extension of closing documents with Barrel Works from March 6, 2002 to March 20, 2002; and, That the City authorize the Mayor and Clerk to execute the following agreements with Barrel Works (Kitchener) Ltd. in respect of the new Kitchener Market Project, subject to the waiving of conditions and agreement finalizations as outlined in Report CSD-02-070, subject to any non- material amendments that are approved by the City administration and WeirFoulds LLP and subject to Council approval of outstanding insurance and indemnity issues identified in the development agreement and construction contract: 1.Construction Contract for the City Owned Components; 2.Development Agreement in respect of the Developer Owned Components and the City Owned Components; 3.Agreement of Purchase and Sale in respect of the Retail Component; and 4.Agreement of Purchase and Sale in respect of the Condominium Component; and, That Council instruct the solicitors for the City of Kitchener, Weir Foulds LLP, to hold these fully executed documents in escrow pending waiver of all conditions that are to be satisfied or waived by April 5, 2002 by the City and Barrel Works as referred to herein; and further, That the City approve a maximum cost of $18.1 million for the City Owned Components of the Kitchener Market Project.” Carried Unanimously. Councillor C. Weylie advised Regional Council will meet on Wednesday, March 20, 2002, at 7:00 p.m. to consider the proposal to widen Victoria Street. The proposal includes widening Victoria Street to only two lanes in certain areas; whereas the City would like a widening to four lanes. She encouraged residents to attend the meeting. Councillor G. Lorentz spoke of completion of the project at the Sandrock Greenway and encouraged City residents to visit the site. Councillor B. Vrbanovic advised that The Honourable James Bartleman, Lieutenant Governor of Ontario and Keith Norton, Chief Commissioner of the Ontario Human Rights Commission will attend a special event at City Hall on Thursday, March 21, 2002, to mark the United Nation’s Day for the Elimination of Racial Discrimination. Councillor J. Ziegler noted that when transit was transferred to the Region of Waterloo, it was agreed that it would be area rated, as only certain municipalities would benefit from this service. He stated that Mobility Plus now provides service region wide. Further, a transit service is now provided to/from St. Jacobs, and even though it may be privately funded, it still allows people from that area to access the larger transit grid. Also, transit wages have increased as Grand River Transit is now deemed to be a regional service and wages are being compared to those of larger urban systems. He put forward a motion that Council request the Region to tax region wide for transit service and not on an area rated basis. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz “That given Mobility Plus now provides Region-wide service, and transit wages are now based on Grand River Transit being a regional service, and transit service to/from St. Jacobs allows township residents access to the larger transit grid; the Council of the Corporation of the City of Kitchener requests that Regional Council discontinue the area rating for transit service and tax as a region-wide transit service.” Carried. Mr. J. Fielding noted this is the last Council meeting of Mr. B. Stanley, Assistant General Manager, Development & Technical Services Department, prior to his retirement. Mayor C. Zehr thanked Mr. COUNCIL MINUTES MARCH 18, 2002119CITY OF KITCHENER - - Stanley for his excellent service to the Corporation and the community. Those in attendance gave Mr. Stanley a standing ovation. Mr. G. Sosnoski advised that there were four additional by-laws for three readings all relating to Committee recommendations adopted this date, namely: a by-law to carry out the provisions of Municipal Code Chapter 665 with respect to a property at 273 Margaret Avenue; a by-law to amend Municipal Code Chapter 650; and, two by-laws to amend Zoning By-law 85-1. 7.Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a)Being a by-law to authorize the borrowing of $101,000,000. from January 1, 2002 to September 30, 2002 and $50,500,000. from October 1, 2002 to December 31, 2002. (b)To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c)To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d)To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (e)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. (f)Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (g)Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (h)Being a by-law to provide for the establishing and laying out of part of Chestnut Hill Crescent as a public highway in the City of Kitchener. (i)Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting Appointment of Staff. (j)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. (k)To confirm all actions and proceedings of the Council. (l)Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to property municipally known as 273 Margaret Avenue, Kitchener. (m)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Linda Leidtke – Second Avenue. (n)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Charles Street East – Sandra J. Lascalles. (o)Being a by-law to amend Chapter 650 of the City of Kitchener Municipal Code with respect to Lot Maintenance. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. COUNCIL MINUTES MARCH 18, 2002120CITY OF KITCHENER - - On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 8.Moved by Councillor C. Weylie Seconded by Councillor M. Galloway “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 B. Vrbanovic Seconded by Councillor M. Galloway “That the by-laws listed on the agenda for third reading, namely: (a)Being a by-law to authorize the borrowing of $101,000,000. from January 1, 2002 to September 30, 2002 and $50,500,000. from October 1, 2002 to December 31, 2002. (By-law No. 2002-48) (b)To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2002-49) (c)To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2002-50) (d)To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2002-51) (e)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. 2002-52) (f)Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2002-53) (g)Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2002-54) (h)Being a by-law to provide for the establishing and laying out of part of Chestnut Hill Crescent as a public highway in the City of Kitchener. (By-law No. 2002-55) (i)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting Appointment of Staff. (By-law No. 2002-56) COUNCIL MINUTES MARCH 18, 2002121CITY OF KITCHENER - - (j)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. 2002-57) (k)To confirm all actions and proceedings of the Council. (By-law No. 2002-58) l)Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to property municipally known as 273 Margaret Avenue, Kitchener. (By-law No. 2002-59) (m)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Linda Leidtke – Second Avenue. (By-law No. 2002-60) (n)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Charles Street East – Sandra J. Lascalles. (By-law No. 2002-61) (o)Being a by-law to amend Chapter 650 of the City of Kitchener Municipal Code with respect to Lot Maintenance. (By-law No. 2002-62) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 10:00 p.m. MAYORCLERK COUNCIL MINUTES MARCH 18,2002122CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of February 18, 2002) 1.That consideration of 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 be deferred and referred to the Council meeting on or before 560 Queen Street South June 17, 2002, when the Heritage Impact Assessment for 530-540 Queen Street South will be considered. (Dealt with under Delegations and Carried) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of March 4, 2002) 1.That the Ministry of Transportation and its Contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work, during the structural rehabilitation of the K-W Expressway including the Wellington Street underpass, for the period April 1, 2002 to September 30, 2002 between the hours of 7:00 p.m. to 7:00 a.m. 2.That Zone Change Application ZC 01/21/S/BS (Linda Liedtke) requesting a change in zoning from Residential Four Zone (R-4) to Residential Six Zone (R-6), on lands legally described as Part Block B, Registered Plan 254 and municipally known as 77 Second Avenue, be approved, in th the form shown in the “Proposed By-law” dated January 25, 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. 3.That Zone Change Application ZC 01/19/C/ET (Sandra J. Lascelles) requesting a change in zoning from Commercial-Residential Two Zone (CR-2) to Commercial Residential Two Zone (CR-2) with a Special Use Provision 306U, on lands legally described as Part 1 Plan of Lot 35, Registered Plan 262, municipally known as 593 Charles Street East, be approved, in the form shown in the “Proposed By-law”, dated January 31, 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. (Dealt with under Delegations and Carried.) 4.That Demolition Control Application DC 02/01/C/GR (Kitchener Housing Inc.) requesting approval for the demolition of one 3-unit apartment dwelling and one 13-unit lodging house located at 39 and 45 Cedar Street South, respectively, and legally described as Part of Lot 1, Plan 365, Part 1 on Reference Plan 58R-4938, and Part of Lot 1, Plan 365, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 5.That the conditional Offer to Purchase from Michael Ulmer In Trust be accepted for Parts 7 and 8 on Reference Plan 58R-7426 on Washburn Drive in the Huron Business Park having an area of approximately 3.0 acres at an offering price of $80,000 per acre, for a total purchase price of $240,000; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor. 6.That the Offer to Purchase from Mark Karlson In Trust be accepted for Parts 17 and 28 on Reference Plan 58R-7426 having an approximate area of 1.7 acres (.69 hectares) at an offering price of $113,500.00; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor. COUNCIL MINUTES MARCH 18, 2002123CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of March 4, 2002) – (Cont’d) 7.That City staff be directed to deal with the issue of the over concentration of social services in the Inner City and Downtown both immediately, and through a long term planning solution; and further, That City staff be directed to work with the Region of Waterloo to provide possible alternative housing options for other areas of the Region. COMMUNITY SERVICES COMMITTEE – 1. That Council rescind its resolution of August 27, 2001 approving the “Rotunda Gallery Letter of Agreement re: Exhibition” attached to Community Services Department report CSD-01-132; and further, That use of the “Rotunda Gallery Letter of Agreement (2002 and beyond) re: Exhibition” be approved as attached to Community Services Department report CSD-02-066 for use with all future Rotunda Gallery exhibitions as approved by the Public Art Committee. 2. WHEREAS the Ministry of Consumer and Business Services have proposed changes to the Cemeteries Act and the Funeral Directors and Establishment Act; and, WHEREAS the proposed changes will not protect the interests of the City of Kitchener in the provision of Cemetery related services; and, WHEREAS there has been no opportunity for municipalities to voice their concerns regarding these proposed changes; NOW, THEREFORE BE IT RESOLVED that the Corporation of the City of Kitchener requests that no changes be undertaken to the Cemeteries Act and Funeral Directors and Establishment Act until such time as all municipal concerns have been addressed; AND FURTHER, that a copy of this resolution be forwarded to the Minister of Consumer and Business Services, the Association of Municipalities of Ontario and all area MPP’s. 3. That a general provision grant in the amount of $750. be approved for the District #26 Waterloo-Wellington Ontario Senior Games to be held in the Township of Wilmot on May 27 to 30 and June 3 to 6, 2002; and further, That the City of Kitchener commit to granting $750. to the District #26 Waterloo-Wellington Ontario Senior Games on an annual basis. 4. That a one time general provision grant in the amount of $500. be approved for the Waterloo Community Arts Centre to assist with the cost for The Grand View, a juried art exhibition. 5.That a one time general provision grant in the amount of $400. be approved for the KW Children’s Drama Workshop to assist with expenses to hold the production of “Legend of Scarface and Bluewater” on May 11, 2002 subject to verification of non-profit status. 6. That a one time grant in the amount of $1,000. be approved for NUMUS Inc. to support the Cello Cornucopia Concert to be held on February 1, 2002. 7. That the City of Kitchener support the bid to host the World Horseshoe Pitching Championships in 2004 or 2005; and further, That a $15,000. cash sponsorship grant be allocated to the event should the National Horseshoe Pitching Association award the Championship to the City of Kitchener. 8. That an in-kind grant to a maximum of $2,000. be approved for the Greek-Cypriot Community of Waterloo Region to assist with City related costs to host the Taste of Dionysia 2002 event. COUNCIL MINUTES MARCH 18, 2002124CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE – 1.That the City of Kitchener endorse the Terms of Reference of the Municipal Pesticides Working Group, dated January 15, 2002, as amended by the Environmental Committee with the changes outlined in bold text in clauses A), B) and C), as follows: ‘MUNICIPAL PESTICIDES WORKING GROUP TERMS OF REFERENCE JANUARY 15, 2002 MEMBERSHIP Township of Woolwich - Tony Herlick Township of North Dumfries - Marvin Bosetti Township of Wilmot - Scott Nancekivell Township of Wellesley - Susan Duke City of Cambridge - April Souwand City of Kitchener - Ted Potwarka and/or Barb Steiner City of Waterloo - Brian Detzler Community Health Department - Liana Nolan, Brian Hatton, David Roewade, Mike Gianfrancesco PURPOSE :To develop a framework for a co-ordinated process that can be presented for discussion/approval to respective councils for endorsement regarding next steps in exploring reduction and possibly regulating cosmetic use of pesticides including community consultation with interested stakeholders. Cosmetic Pesticide Use is defined as follows: the use of pesticides for the maintenance of outdoor trees, shrubs, flowers, ornamental plants and turf and the removal of vegetation from sidewalks and driveways and on other areas on part of the property used for residential, municipal and commercial purposes. Next Steps : the following strategies are suggested as the next steps to this process: effective A)A community wide approach to an integrated education campaign for the general public, set protocols with lawn maintenance companies, and work with retailers to raise awareness about best management practices for ; and further, that this using pesticides and alternatives to pesticide use campaign be initiated within a one year timeframe . various pesticide management B)Obtain more information on the support for alternatives including the possible implementation of a by-law through a community wide survey. various C)A community consultation process for stakeholders input for pesticide management alternatives including possible by-law creation (general community, specific advisory groups, lawn maintenance companies, private companies. Other: Regional staff and the municipal working group will continue to play a facilitative role in meetings and consultations as well as provide support to area municipalities on an as needed basis. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That Council Policy I-200 (Management Committee – Operating Procedures) dated April 17, 1989, as amended June 18, 2001, be repealed. COUNCIL MINUTES MARCH 18, 2002125CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 2.That pursuant to Municipal Code Chapter 665 (Property Standards for Maintenance and Occupancy), a by-law be considered at the March 18, 2002 Council Meeting authorizing exterior property standards repairs at 273 Margaret Avenue, at the property owner’s expense, if the work has not been completed by the owner on or before March 15, 2002. 3.That Parts 1 and 3 on Reference Plan 58R-12663 be declared surplus to the City’s needs; and, That Legal Services be directed to transfer same to the Regional Municipality of Waterloo; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor. 4.That Legal Services be directed to prepare a by-law for consideration at the Council meeting of March 18, 2002, to amend Municipal Code Chapter 650 (Lot Maintenance) to eliminate the requirement for Council to enact a by-law each time a clean-up on private property is proposed. 5. That Kitchener Council requests Grand River Transit develop a plan for citizens on the south side of Highway 8 to access grocery stores, Sunnyside School, and other services on the north side of Highway 8 during the period the Franklin Street Bridge is closed. 6. That the Chief Administrative Officer, in conjunction with the Regional Chief Administrative Officer, develop a communications mechanism whereby City of Kitchener Councillors are informed of Regional projects proposed to take place in their Wards. HERITAGE KITCHENER – 1. That pursuant to Section 43 of the Ontario Heritage Act, Council approve Heritage Permit Application 2002-V-06 to demolish the property municipally known as 55 Joseph Street, located in the Victoria Park Area Heritage District. 2.That consideration of Heritage Permit Application 2002-V-03, for the development of an apartment building to be partly located on the property municipally known as 530-540 Queen Street South, located in the Victoria Park Area Heritage Conservation District, be deferred pending completion of a Heritage Impact Assessment and review by Heritage Kitchener with a recommendation to Council on or before June 17, 2002; and, That the Terms of Reference for the Heritage Impact Assessment direct that the proposed development be reviewed and analyzed in the context of Section 2.2 (New Building) of the Victoria Park Area Heritage Conservation District Plan; and, That the consultant preparing the Heritage Impact Assessment be directed to hold a public open house involving area residents; and further, That the staff report prepared in conjunction with the Heritage Impact Assessment and for consideration by Heritage Kitchener, be circulated to area residents and interested parties a minimum of two weeks prior to the June 17, 2002 Council meeting to allow for review and comment. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES MARCH 18, 2002126CITY 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.Licences Council was in receipt this date of Corporate Services Department report CRPS-02-056 (J. Koppeser), dated March 18, 2002, recommending approval of an additional Adult Entertainment Parlour Attendant Licence. i)Adult Entertainment Parlour Attendants It was resolved: “That Victoria Young, employed at 7-280 Victoria Street North, Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence.” - and - “That Amy Robinson, Pamela Ireton and Maria Mulhall, employed at 2271 Kingsway Drive, Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences.” ii)Charitable Refreshment Stands It was resolved: “That the Greek Orthodox Community of K-W be granted permission to operate a refreshment stand, on their premises at 527 Bridgeport Road East, Kitchener, on June 8 and 9, 2002, provided the necessary licence is obtained, including Fire and Health approvals, and that a nominal fee of $10.00 be applicable; and further, That since this Festival is a celebration of our ethnic diversity it be declared an event of ‘Municipal Significance’ for the purpose of liquor licensing.” - and - th “That the 45 Kitchener Scouts be approved to sell food at the Country Hills Community Centre, 100 Rittenhouse Road, Kitchener, on April 22, 2002, provided the necessary licence is obtained, including Health and Fire approvals.” - and - “That the request of Kitchener Minor Boys Softball to operate a refreshment stand during their events, at the following locations, be approved: May 25 to 26, 2002 – Peter Hallman Ball Yard; June 15 to June 16, 2002 – Peter Hallman Ball Yard; June 1, 2, 15, 16, 2002 – Wilson Park; July 13, 2002 – Woodside Park; August 2, 3, 4, 9, 10, 11, 2002 – Wilson Park; and further, That three additional tournament dates to be determined, be approved, provided the necessary licence is obtained, including Health and Fire approvals.” COUNCIL MINUTES MARCH 18, 2002127CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – (CONT’D) Engineering Agreement – MTE Consultants Inc. – Williamsburg Town Centre 2. It was resolved: “That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding Williamsburg Town Centre, Plan 30T-96005.” Engineering Agreement – The Walter Fedy Partnership – Old Mill Road 3. It was resolved: “That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and The Walter Fedy Partnership, regarding Old Mill Road – Mill Club, Old Mill Road Re-alignment.” Oktoberfest Trade Dollars 4. It was resolved: “That Kitchener-Waterloo Oktoberfest Inc. be authorized to circulate the sixth of a series of $2.00 silver coloured coins featuring “Founding Fathers of Waterloo County” within Kitchener from June 1, 2002 to October 31, 2002. Dr. J.G. Hagey, President of the University of Waterloo 1958-1969, is featured on this year’s coin.” Special Occasion Permit / Civic Celebration – K-W Oktoberfest 5. It was resolved: “That K-W Oktoberfest, to be held October 11-19, 2002, be proclaimed a period of Civic Celebration; and, That the City of Kitchener has no objection to a Special Occasion Permit being issued for the Oktoberfest Festhallen to be operated by Kitchener-Waterloo Oktoberfest Inc. during the period of Civic Celebration; and further, That this event be declared a Community Festival as it is a celebration of Kitchener’s German heritage.” Request for Exemption – Chapter 450 (Noise) 6. It was resolved: “That Council grant an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code in regard to an Easter Sunrise Service to be held in the parking lot of the Victoria Hills Community Centre, weather permitting, on March 31, 2002, from 6:30 a.m. to approximately 7:15 a.m.” Alcohol and Gaming Commission Investigation – Suggested Distribution of 7. Proceeds Councillor B. Vrbanovic declared a pecuniary interest and refrained from all voting and discussion concerning distribution of funds by the Alcohol and Gaming Commission as he is associated with an organization that conducts bingos at the same hall as the Family Awareness Centre. COUNCIL MINUTES MARCH 18, 2002128CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – (CONT’D) Alcohol and Gaming Commission Investigation – Suggested Distribution of 7. Proceeds – (Cont’d) It was resolved: “That the Alcohol and Gaming Commission of Ontario (AGCO) be requested to reimburse the City of Kitchener, from the funds obtained in the conviction of the Family Awareness Centre, the funding provided for the audit of the charity which led to the conviction; and further, That the AGCO be requested to divide any available funds to the following charities: Addiction Assessment Care & Treatment Services in Waterloo Region; Lutherwood Child and Family Foundation; Reaching Our Outdoor Friends (Kitchener); Civitan Sports Waterloo Region and the Elizabeth Fry Society. “ Quit Claim Deed – 410 King Street West 8. It was resolved: “That the Mayor and Clerk be authorized to execute a Quit Claim Deed to release any interest in the property municipally known as 410 King Street West, Kitchener, claimed by the Notice of Claim registered as Instrument No. 1444329 respecting an easement registered as Instrument No. 62412.” Various Tenders 9. Dealt with under Delegations. City Bank Accounts and Signing Authorities 10. Council was in receipt of Financial Services Department report FIN-02-010 (R. Upfold/P. Houston), dated February 28, 2002, recommending approval of signing authorities. It was resolved: “That Council approve the signing authorities for the City’s bank accounts as outlined in staff report FIN-02-010, dated February 27, 2002.” Sale of Tickets – Canadian Diabetes Association 11. Council was in receipt of Corporate Services Department report CRPS-02-043 (J. Koppeser), dated February 28, 2002. G. Sosnoski requested that the staff recommendation be amended to reflect approval if the event takes place as planned. Councillor G. Lorentz advised that the Kitchener Motorcycle Show is tentatively booked into the Auditorium but an agreement has not been signed and security issues are outstanding. It was resolved: “That the City of Kitchener has no objection to the Canadian Diabetes Association Toronto Branch, 15 Toronto Street, Suite 800, Toronto, ON M5C 2E3, being granted permission to sell tickets at the Kitchener Motorcycle Show if held at the Kitchener Auditorium Complex on April 5-7, 2002, for a draw to be held on May 11, 2002 at York University, 4700 Keele Street, Toronto.” COUNCIL MINUTES MARCH 18, 2002129CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – (CONT’D) Committee of Adjustment Decision 12. Dealt with under Delegations. Municipal Code Amendment – Chapter 213 (Columbaria and Mausolea in 13. Municipal Cemeteries) Council was in receipt of Corporate Services Department report CRPS-02-050 (L. Marshall), dated March 12, 2002, recommending an amendment to reflect removal of the memorial stand adjacent to the Garden of Hope Mausoleum. It was resolved: “That a by-law be adopted to amend Chapter 213 of the City of Kitchener Municipal Code (Columbaria and Mausolea in Municipal Cemeteries) by removing Section 213.4.6 as this section is no longer required.” Conditional Offer to Purchase – Site 149 – Huron Business Park 14. Council was in receipt of Development & Technical Services Department report DTS- 02-028 (R. Morgan/K. Bissell/G. Borovilos), dated February 26, 2002, recommending acceptance of a conditional offer. It was resolved: “That the City accept the conditional Offer to Purchase from Electricomm Holdings Inc. for the lands described as Part 18 on Reference Plan 58R-7426 having an area of approximately 2.35 acres. The purchase price is $77,500 per acre for 2.047 acres and $5,000 per acre for .303 acres (sloped portion of land), resulting in a total purchase price of $160,157.50; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor.” Sale of Tickets – Heart and Stroke Foundation 15. Council was in receipt this date of Corporate Services Department report CRPS-02-055 (J. Koppeser), dated March 18, 2002, with respect to the sale of lottery tickets by the Heart and Stroke Foundation, in the City of Kitchener. It was resolved: “That the City of Kitchener has no objection to the Heart and Stroke Foundation, 1920 th Yonge Street, 4 Floor, Toronto, ON M4S 3E2, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held starting June 20, 2002 – July 3, 2002 at Global Television Studio, 81 Barber Greene Rd., Don Mills, ON.”