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HomeMy WebLinkAboutCouncil Minutes - 2002-04-08COUNCIL MINUTES APRIL 8, 2002 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Ashley Parada and Dana Wagner, King School of Vocal. Mayor C. Zehr advised that as a result of the Kitchener Rangers unsuccessful bid to win the Ontario Hockey League quarter final series against the Guelph Storm, Kitchener City Council wore the Storm team jerseys in accordance with an agreement between both City Councils. Mayor Zehr further advised that Kitchener City Council will host an outdoor barbeque in front of Guelph City Hall this fall, at a date to be determined and prior to the start of the 2003 hockey season, with proceeds to be equally divided between the two minor hockey leagues. Mayor Zehr extended congratulations to the Guelph Storm for their win. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor J. Smola disclosed a pecuniary interest relative to a matter subject to solicitor -client privilege at an in -camera meeting of City Council held on April 8, 2002. On motion by Councillor J. Ziegler, the minutes of the regular meeting held March 18, 2002, and special meetings held March 18 and 25, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE — (a) Letter dated March 14, 2002 from the Hon. E. Witmer, MPP, acknowledging receipt of Council's resolution concerning funding for home care services. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Council was also in receipt this date of three additional reports and recommendations from Mr. Gordon regarding Tender T02-017 - Ready Mix Concrete (dated April 5, 2002); Tender T02-023 — Supply of Hot Mix Asphalt (dated April 5, 2002); and, Tender T02-028 — Demolition of 122 and 124-130 King Street West (dated April 8, 2002). Councillor B. Vrbanovic referred to Tender T02-028 regarding demolition of the former Lyric Theatre and requested that the portion of the building's sign containing the Theatre name be retained as an artifact for future use. Mr. Gordon agreed to take this under advisement. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That Tender T02-019, Watermain Cleaning be awarded to LC Pipeline Hydrant Services Ltd., Mississauga, Ontario at their tendered price of $173,662.03, plus G.S.T." - and - "That Tender T02-013, Samuel Street and Rose Street Reconstruction, be awarded to Steed and Evans Limited, Kitchener at their tendered price of $1,239,303.74, including contingencies of $130,630.80 and G.S.T." - and - "That Tender T00-045, Highway Coarse Salt, awarded to Sifto Canada Inc., Mississauga, be extended for an additional two (2) year period at a price increase of 2% for 2002 and an additional 2% for 2003, being an estimated average cost for 2002 of $927,473. and $946,023. for 2003." - and - "That Tender T02-017, Ready Mix Concrete, be awarded to Hogg Fuel & Supply Limited, Kitchener, at their tendered price of $123,200., plus G.S.T. & P.S.T." - and - "That Tender T02-023 — Supply of Hot Mix Asphalt, be awarded to Forwell Limited, Kitchener and Kitchener Asphalt Limited, Kitchener at their tendered unit prices." COUNCIL MINUTES APRIL 8, 2002 -134- CITY OF KITCHENER W.04E "That Tender T02-028, Demolition of 122 and 124-130 King Street West, Kitchener, be awarded to Bel -Air Excavating, Cambridge at their tendered price of $219,000. plus G.S.T." Carried. Ms. Marnie Kaufman, a resident of Water Street South, was in attendance with respect to the quality of water in her neighbourhood. She noted that since purchasing her home 1 Y2 years ago, the water has always been dirty and the area has a long standing history of poor water quality. She pointed out that even though the cause of the problem is known, work to rectify the situation is not scheduled to commence until 2003 and questioned what could be done to expedite clean-up of the water. Ms. Kaufman also commented on testing that is taking place in her home and voiced concern relative to issues of health and safety. Mayor C. Zehr advised that the water supply is being affected by the deterioration of the Victoria Street watermain which is to be reconstructed in 2003. Councillor C. Weylie suggested that staff be directed to consult with staff of the Region of Waterloo to determine what interim measures could be taken to assist area residents. Mr. J. Fielding advised that staff would undertake to assist residents with respect to this matter and would provide Council with details regarding the cause of the poor water quality. Mr. Richard Haalboom was in attendance to oppose Clause 3 of the Heritage Kitchener report of this date, relative to approval of an application to alter the designated property at 22 Buerkle Court. Mr. Haalboom stated that the City's Municipal Plan stipulates Y2 acre lots for Upper Doon and all lots should be developed accordingly. He further stated that only R-2 zoning is appropriate for development in Upper Doon and the lots proposed by Monarch Construction are too small in size. In response to Mayor C. Zehr, Mr. Haalboom acknowledged that all planning matters relative to the Upper Doon Heritage District have been dealt with; however, stated that he remains concerned with all matters pertaining to Upper Doon and wished to have his objection to this issue recorded. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That Clause 3 of the report of Heritage Kitchener, be adopted." Carried. Mr. Bob McColl, representing the Pinegrove Community Association, was in attendance to raise concerns relative to Clause 12 of the Development & Technical Services Committee report regarding revisions to the Sign By-law. Mr. McColl noted that with respect to tower signs, the design proposed by Mr. John Weiss appears to resolve most of the Association's concerns. Notwithstanding, the Association remains concerned with the height of tower signs and the tenant addressing portion of the signs being visible within 75 m of a residential neighbourhood. He suggested that the Association would support erection of up to a maximum of 4 signs which would allow an opportunity to determine the full impact of this type of sign and if necessary, subsequent fine tuning of the by-law could then be undertaken. Mr. McColl also raised concerns regarding roof top signs and suggested that these be restricted to a maximum of 25 mz in size, with a 150 m distance separation from residential neighbourhoods. Mr. Bob Reinhart, representing Mr. John Weiss, was in attendance to support Clause 12 of the Development & Technical Services Committee report and in particular, the introduction of tower signs. Mr. Reinhart stated that the concerns raised by the neighbourhood association has been addressed by his client and noted that restrictions on tower signs are more onerous than that of pylon signs. Mr. Reinhart advised that the proposed tower sign is an improvement, in that, it would replace any mobile signs on a property. Mr. Reinhart requested Council to endorse the Committee's recommendation. Councillor B. Vrbanovic inquired if Mr. Reinhart would agree with implementation of a distance separation from residential zones to address concerns relative to height and illumination. Mr. Reinhart stated that he believed the issue of distance separation had already been dealt with. COUNCIL MINUTES APRIL 8, 2002 -136- CITY OF KITCHENER On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, Clause 12 of the report of the Development & Technical Services Committee of this date was brought forward for consideration, which deals with preparation and consideration of by-laws to amend Chapter 680 of the Municipal Code (Signs); provision for consultation with neighbourhood associations to review distance separation of signs; preparation of a report detailing an enforcement program; and, preparation of a report outlining amendments to the Code that will permit removal of illegal signs without notice and provision of a retrieval fee. In response to Councillor B. Vrbanovic, Ms. Janice Given advised that currently there is no provision for distance separation from residential zones for either pylon or tower signs; however, pointed out that the Committee's recommendation directs staff to review the issue of distance separation in consultation with neighbourhood associations. In response to a further question, Ms. Given advised that staff could look at incorporating general provisions to address the issues of distance separation and illumination for all sign types. Councillor J. Ziegler suggested the following amendments for consideration: • deferral of rooftop signs to allow further consideration of their size, distance separation, illumination and type of product advertising; • delete clause c) which references prohibition of the use of fluorescence on any sign requiring a permit; and, • no further advertising be required relative to clause b) which refers to provision for giving of notice to abutting property owners to advise that their right to erect a sign may be affected. Councillor J. Ziegler requested the City Solicitor to comment on the necessity of re -advertising given that only clause b) would remain and, in his opinion, could be considered a minor change. Mr. J. Shivas commented that if what remained represents a minor change, re -advertising would not be necessary. Ms. J. Given pointed out that currently there is no notification required for sign permits and what is proposed in clause b) represents a very significant change in process. Accordingly, it was agreed that re -advertising would still be necessary. In response to Councillor B. Vrbanovic, Ms. Given suggested that if staff were able to achieve sufficient consultation with neighbourhood associations, the remaining issues could possibly be brought back for further consideration by the end of May. In response to Councillor G. Lorentz, Ms. Given advised that a consortium of neighbourhood associations had been formed for the purpose of review and agreed to provide Council with a list of the participating associations. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Clause 12 of the report of the Development & Technical Services Committee be amended by deferring clause a) relative to prohibition of tower signs on the same lot as a roof sign, to permit further consideration of the size, distance separation, illumination and type of product advertising for roof signs; and, by deleting clause c) relative to prohibition of use of fluorescence on any sign requiring a permit in its entirety." Carried. Several delegations, as follow, were in attendance to support Clause 6 of the Heritage Kitchener report of this date, relative to a Heritage Impact Assessment for the property known municipally as 530-540 Queen Street South. Mr. Leonard Curchin spoke of the aesthetic character of the residential neighbourhood surrounding Victoria Park and heritage properties, including the Joseph Schneider Haus, emphasizing the detrimental impact that construction of the proposed apartment building would have on the Victoria Park Heritage District. He pointed out that the subject property while fronting Queen Street South, cuts deep into the block and the main entrance to the proposed building would face the residents of Schneider Avenue. Mr. Curchin stated that he was aware there were concerns of possible legal action given current zoning permits the development; however, he encouraged Council to make the right decision for the neighbourhood by supporting the Committee's recommendation. COUNCIL MINUTES APRIL 8, 2002 -136- CITY OF KITCHENER In response to Councillor C. Weylie, Mr. Curchin stated that he was concerned with the entire impact the building would have on the neighbourhood, including the cutting off of sunlight and the impact to trees. Mr. Bruce Berry pointed out that Section 2.2 of the Heritage District Plan deals only with the building structure and was of the opinion that the entire District Plan should be considered as part of the Study, and that a professional be retained to undertake the study process. He commented that Part IV of the Ontario Heritage Act permits properties adjacent to heritage districts to be considered unique and part of the district, and suggested Council should take this into consideration. It was also his opinion that design alternatives should be part of the terms of reference. Mr. Berry stated that this would be an opportunity to leave an example for others to follow in future. In response to a question from Councillor C. Weylie, Mr. Berry clarified that he had suggested that, the subject property could be considered part of the heritage district under Part IV of the Ontario Heritage Act. Ms. Michele Cadotte raised concerns with respect to the lack of proper heritage representation, lack of direction and the importance of community involvement in the process. She encouraged Council to provide the expertise of a consultant, expand the study to include review of the entire District Plan and provide residents with full opportunity to participate. Mr. Michael McGuire was in attendance on behalf of Ms. Jill Armstrong. Mr. McGuire read aloud Ms. Armstrong's written comments in which concerns were raised with respect to the advice given to Council in the absence of a Heritage Planner and the suggestion made that Council has authority under the Ontario Heritage Act to decide appropriate terms of reference for the study. Ms. Armstrong encouraged Council to educate itself and the public with respect to the Act and the District Plan, and to broaden the terms of reference for the Heritage Impact Assessment to include the full scope of the District Plan. Mr. Mario Chilanski also spoke of the characteristics of the Victoria Park neighbourhood, emphasizing the importance of preserving the community's heritage. He requested Council to consider the full impact of the proposed development and requested their support for expansion of the terms of reference for the Heritage Impact Assessment. Mr. Bill Morrison suggested that regard should be given to the cumulative effect of the proposed development on the streetscape, the need for alternative designs and professional assessment of the Heritage Impact Assessment study. In response to questions from Councillor G. Lorentz, Mr. Shayne Vipond advised that staff have not had opportunity to fully assess the implications of Heritage Kitchener's recommendations; however, he noted that if the terms of reference were expanded, the original timeline to complete the Heritage Impact Assessment would have to be extended. Mr. Vipond pointed out that the developer is aware of the original timeline and has indicated a willingness to work with the residents; however, has not committed to the timeline in writing. On motion by Councillor M. Galloway, seconded by Councillor B. Vrbanovic, Clause 6 of the Heritage Kitchener report of this date was brought forward for consideration. The clause deals with expansion of the terms of reference of the Heritage Impact Assessment for the property known municipally as 530-540 Queen Street South to include all areas of possible heritage impact including the full Victoria Park Area Heritage Conservation District Plan; Council approval of the final terms of reference; establishment of the sub -committee to develop the terms of reference; and, the hiring of a Heritage Planner. Councillor M. Galloway advised that the sub -committee felt consideration of Section 2.2 of the District Plan alone limits the ability to undertake full review of the site and had concern with its proximity to other heritage properties such as the Joseph Schneider Haus. Councillor G. Lorentz referred to a written submission distributed this date by staff, outlining three options relative to the expansion of the terms of reference for the Heritage Impact Assessment. He indicated support for extending the timeline to allow expansion of the terms of reference and the hiring of professional expertise. Councillor C. Weylie was in agreement with expanding the terms of reference beyond that of Section 2.2 of the District Plan. COUNCIL MINUTES APRIL 8, 2002 -137- CITY OF KITCHENER Mayor C. Zehr requested clarification of Options 2 and 3 as proposed by staff. Mr. Vipond reviewed the options, noting that the difference in Option 3 provides that the heritage consultant would guide the terms of reference. In response to further questions, Mr. Vipond advised that it would be difficult to determine the extended timeframe required given this was the first time this process is being applied to a site plan application. Councillor J. Ziegler commented that if the terms of reference were expanded to include Sections 2.1 and 2.3 — 2.7 of the District Plan, virtually the entire Plan would be reviewed. He suggested that rather than establishing a sub -committee, the heritage consultant undertake development of the terms of reference and the study review. Mayor Zehr questioned if the developer was aware of the recommendation before Council and Councillor M. Galloway advised the developer had not been present at the Heritage Kitchener meeting. Councillor J. Ziegler suggested that the recommendation be amended to expand the terms of reference and be referred to the April 15, 2002 Development & Technical Services Committee for further consideration to provide an opportunity for staff to contact the developer for input. It was further suggested that any recommendation arising from the Development & Technical Services Committee meeting could then be ratified at a special Council meeting the same evening. Mr. Vipond pointed out that staff did advise the developer of Heritage Kitchener's recommendation prior to this evening's Council meeting. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Clause 6 of the Heritage Kitchener report be deferred and referred to the April 15, 2002 Development & Technical Services Committee meeting and to the special Council meeting of the same date." Councillor G. Lorentz stated that he was not in agreement with deferring this matter and suggested that Council should not delay hiring of a heritage consultant. Councillor J. Ziegler expressed support for deferral; however, agreed that staff should proceed immediately with the hiring of a heritage consultant. The motion of Councillor C. Weylie to defer and refer Clause 6 of the Heritage Kitchener report was then voted on and Carried. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That staff be instructed to proceed with the hiring of a heritage consultant relative to the Heritage Impact Assessment to be undertaken for the property municipally known as 530-540 Queen Street South." Carried. 1. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development & Technical Services Committee, be adopted." Voted on Clause by Clause. Clause 12 — Dealt with under Delegations and Carried, as Amended. Balance of report — Carried. 2. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. Council then considered the report of the Finance and Corporate Services Committee and Councillor B. Vrbanovic requested that Clause 4 be dealt with separately. COUNCIL MINUTES APRIL 8, 2002 -138- CITY OF KITCHENER 3. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Clause 4 of the Finance and Corporate Services Committee report be adopted." Carried. Recorded pecuniary interest & abstention: Clause 4 — Councillor B. Vrbanovic as his wife is employed by the City. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the balance of the report of the Finance and Corporate Services Committee, excluding Clause 4, be adopted." 4. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic Carried. "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause. Clause 3 — Dealt with under Delegations and Carried. Clause 6 — Dealt with under Delegations and action deferred and referred to the April 15, 2002 Development & Technical Services Committee meeting and to the special Council meeting of the same date. Balance of report — Carried. Mayor C. Zehr referred to an email of staff regarding the Highway 8/Franklin Street Bridge improvement project, in which it is indicated road closures will begin May 1, 2002, with the bridge closed to pedestrian traffic until the end of January, 2003, and to vehicular traffic until the summer of 2003. In this regard, he questioned if details pertaining to traffic and bus detours have been arranged. Councillor J. Ziegler suggested a motion requesting the Region of Waterloo to advise the City as to its plans for transit during the period of closure. Mr. D. Mansell advised that staff intend to bring forward a report for consideration at the April 15, 2002 Development & Technical Services Committee meeting regarding this matter, at which time representatives from the Ministry of Transportation and the contractor will be present to speak to the impending closures and answer any questions. Mr. Mansell further advised that in the interim, he would have staff provide additional information to Council. Councillor B. Vrbanovic also requested to be notified of any upcoming pre -construction meetings. Mayor C. Zehr commented on Regional issues including: the launching of the new Regional logo; limits of improvements proposed for Victoria Street South; invitation to all Councils to attend a breakfast meeting on April 18, 2002 at 7:30 a.m. in the Regional Council Chamber under the theme "Planning For Our Future"; and, endorsement of clean diesel technology for new transit purchases. Councillor G. Lorentz referred to vandalism of bus shelters and requested the Mayor bring this matter to the attention of Regional Council. Councillor Lorentz also referred to a letter received from the Regional Clerk in response to Kitchener Council's resolution on the issue of home care/community COUNCIL MINUTES APRIL 8, 2002 -139- CITY OF KITCHENER care access centre, expressing concern that the resolution was not given serious consideration. Mayor Zehr agreed to follow up on these matters. Councillor J. Ziegler questioned if a response had been received from the Region regarding the City's request that the Region discontinue area rating for transit service and tax as a region -wide transit service. Mayor Zehr advised that this matter is still under review by the Region. Councillor B. Vrbanovic referred to the negative response received from the Province regarding Council's request to have City Hall security staff designated as Provincial Offences Officers. Councillor Vrbanovic expressed the opinion that this request is consistent with the special status applied to transit/campus police and questioned what further action could be taken to promote this matter. In response to Mayor Zehr, Mr. J. Shivas advised that he did not believe this matter had been brought to the attention of the Association of Municipalities of Ontario (AMO) and suggested the AMO be approached. Councillor M. Galloway, Council's representative to the AMO, advised that the Association would be meeting on April 12, 2002, and requested staff to provide appropriate background documentation which he would present to the Association for consideration. Councillor Vrbanovic requested that, in the interim, staff prepare a report outlining how they intend to address this matter and any adjustments that may need to be made. In addition, he suggested that other municipalities be canvassed for input. It was agreed that Councillor Vrbanovic's request be taken as direction to staff. Mayor C. Zehr raised concern with respect to inaccuracies contained in a recent newspaper article concerning tax rate policies for multi -residential units. He suggested that Kitchener would be impacted to a greater degree than other municipalities within the Region because of its high density of apartment buildings. Ms. P. Houston advised that the municipal portion of the tax bill will be impacted by 9% and the overall tax bill by 6.98%. Ms. Houston responded to further questions concerning the Region's policy to review tax rates every five years, shifting within the Region's tax base versus Kitchener's tax base and how the tax policy is applied within the Region. At the request of Mr. G. Sosnoski, City Clerk, it was agreed to add three additional by-laws for three readings this date dealing with the following: amendment to Chapter 101 of the Municipal Code respecting appointment of staff; amendment to Chapter 503 of the Municipal Code with respect to Adult Entertainment Parlours; and, amendment to Chapter 680 of the Municipal Code with respect to signs relative to Clause 12 of the Development & Technical Services Committee report of this date. 6. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control — Block 1, Registered Plan 58M-218 — Zeller Drive. (b) Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Hallman Brierdale Ltd. — Gregg Court. (c) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting the Appointment of Staff. (d) To confirm all actions and proceedings of the Council. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (f) Being a by-law to amend Chapter 503 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (g) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code with respect to Signs. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES APRIL 8, 2002 -140- CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 7. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. 8. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control — Block 1, Registered Plan 58M-218 — Zeller Drive. (By-law No. 2002-65) (b) Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Hallman Brierdale Ltd. — Gregg Court. (By-law No. 2002-66) (c) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting the Appointment of Staff. (d) To confirm all actions and proceedings of the Council. (By-law No. 2002-67) (By-law No. 2002-68) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2002-69) (f) Being a by-law to amend Chapter 503 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2002-70) (g) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code with respect to Signs. (By-law No. 2002-71) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:10 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 8, 2002 -141- CITY OF KITCHENER N4061:Akkire1116]i94ej W&K611101INI, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the public meeting regarding zone change application ZC 01/22/S/BS for the land between 98 and 106 Strange Street be deferred to the April 29, 2002 Development and Technical Services Committee meeting. 2. That the Ministry of Transportation of Ontario 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 widening and reconstruction of Highway 401 between Regional Road 97 (Main Street East in Cambridge) and Regional Road 28 (Homer Watson Boulevard) and all related work during the period from June 1, 2002 to June 30, 2004. 3. That the Ministry of Transportation of Ontario 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 widening and reconstruction of Highway 8 between Fergus Avenue and Montgomery Road and all related work during the period from approximately April 8, 2002 to December 31, 2004; and, That staff report every six months for Council's review on any issues arising from this exemption; and further, That staff ensure that a construction telephone number is advertised and/or circulated to the affected residents in the area of the construction. 4. That parking be prohibited on the south side of Brandy Crescent from Otterbein Road (east intersection) to Otterbein Road (west intersection); and further, That the Uniform Traffic By-law be amended accordingly. 5. That the City of Kitchener waive the consultant selection process and engage the services of Stantec Consulting in order to complete the 2002 pavement condition update. 6. A. That the "Grand River South Community Plan" be revised as follows: That Map No. 1 be revised by re -designating the lands located at 15 Gregg Court, at the intersection of Bryan Court and Lackner Boulevard, from "Neighbourhood Institutional" to "Low Density Residential" as shown on the attached Schedule "A" -- Grand River South Community Plan, "Land Use Plan Schedule 1", dated February 12th, 2002. B. That Zone Change Application ZC01/08/B/SV requesting a change in zoning from Neighbourhood Institutional Zone (1-1) to Residential Six Zone (R-6) with Special Use Provision 310U on lands legally described as Block 31, Registered Plan 1732; part of Zeller Drive closed, more particularly described as Part 26 on Plan 58R-9549; and Block 1, Registered Plan 1806, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated February 27th, 2002. 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. 7. That Development and Technical Services report DTS-02-045 (Unnamed Laneway between Ottawa Street South and Borden Avenue South) dated March 12, 2002 be deferred and referred to a future Development and Technical Services Committee meeting in order to allow staff the opportunity to contact affected property owners to work out any agreement to ensure continued access to the properties. 8. That consideration of the motion to install an all -way stop at the intersection of Louisa and Waterloo Streets be deferred and referred to the May 13, 2002 Development and Technical Services Committee meeting in order that staff be allowed the opportunity to review and update the previous report regarding the traffic warrants for the installation of an all -way stop at the intersection of Louisa and Waterloo Streets; and further, COUNCIL MINUTES APRIL 8, 2002 -142- CITY OF KITCHENER N4061:Akkire1116]i94ej W&K611101INI, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. Cont'd That staff also report to the Committee meeting of May 13, 2002 regarding policy on the installation of traffic controls and the use of traffic warrants. 9. A. That Demolition Control Application DC 02/02/E/GR (Barrel Works Kitchener Ltd.) requesting approval for the demolition of 4 single family residential buildings located at 11, 13, 17 and 21 Eby Street North, and legally described as Part of Lot 12, marked "N. Zieglar" according to B. Eby's Survey, Registered Plan 364, City of Kitchener, be approved. B. That Council approve the demolition of residential units located at 7 Eby Street (3 units), 296 King Street East (4 units), 322-332 King Street East (3 units) and 20 Cedar Street North (single detached dwelling), and legally described as Part of Lot 12, marked "N. Zieglar" according to B. Eby's Survey, Registered Plan 364, City of Kitchener. It is the opinion of this Committee that approval of this application is proper planning for the City. 10. That Demolition Control Application DC 02/03/M/TMW, for which the owner is requesting approval for the demolition of a single detached dwelling located at 317 Mill Street, legally described as Part of Lot 47, Subdivision of Lot 18, G.C.T., be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 11. That staff be directed to investigate the potential emission reduction benefits and financial costs involved in phasing out the City's purchase of coal-fired electricity by 2005, 2007 and 2010, with a report to be provided to the Environmental Committee within six months; and further, That the report include consideration of a policy not to phase out the purchase of coal-fired electricity unless there is an industry wide reduction in the production of coal-fired electricity. 12. That a by-law be prepared for Council's consideration on April 8, 2002 to amend Chapter 680 of the Municipal Code, based on the proposed by-law dated March 18, 2002 with the following amendments: a) that clause 30, referencing the effective date for the amended maximum height and area size of portable signs be amended to; "shall come into force three years from the date of passage of this by-law"; That a by-law to further amend Chapter 680 of the Municipal Code be prepared and public notice be given, for Council's consideration and to contain the following: a) provision for giving notice to abutting property owners when an application for a ground, pylon, inflatable, tower or billboard sign permit is received; advising that their rights to erect a sign may be affected; That consideration of prohibition of tower signs on the same lot as a roof sign be deferred and staff be directed to further review roof signs, in consultation with neighbourhood associations, in terms of their size, distance separation, illumination and type of product advertising, for Council's consideration; and, That staff, in consultation with the neighbourhood associations, review the distance separation of signs requiring a permit and residential areas; and, COUNCIL MINUTES APRIL 8, 2002 -143- CITY OF KITCHENER N4061:Akkire1116]i941J W&K611101INI, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. Cont'd That the By-law Enforcement Division prepare a report giving details of the proposed program of proactive and targeted enforcement, including sign removals as required, relating to portable and other forms of temporary signs; and further, That the By-law Enforcement Division review possible amendments to the Code authorizing staff to remove certain types of illegal signs without notice to the owner, as well as providing for a set fee for anyone wishing to retrieve a sign that has been seized by the City, and report back to the Development and Technical Services Committee. (Dealt with under Delegations and Carried, As Amended) 13ie]LVA LVA DJ 01111 W&A 4 NT/ IN *Kfie]LVA LVA lI i 94 M 1. That subject to the satisfaction of the City Solicitor, the annual Golf Professional Contract be revised and approved as outlined in Community Services Department report CSD -02-073; and further, That the Mayor and Clerk be authorized to execute the Golf Professional Contract, as revised, with Mr. Michael Martz. 2. That a grant in the amount of $3,000. be approved for the Host Committee of the 2002 Junior National Track and Field Championships. 3. That in the summer of 2002, the Kitchener Farmers' Market begin to incubate specialty markets in Civic Square with the intention of moving them to the new Kitchener Market in the summer of 2004; and, That subject to the satisfaction of the City Solicitor, the Kitchener Farmers' Market Wednesday and Speciality Market Rental Agreement be approved as attached to the Community Services Department report CSD -02-081, as a pre -approved contract to be used with vendors who participate in markets other than the traditional Saturday market; and further, That pending approval of the speciality markets, an in-kind grant in the amount of $2,895. be awarded to the speciality markets in 2002 to cover the licensing fees for operating a Temporary Retail Market in Civic Square. 4. That the Regional Municipality of Waterloo be requested to continue to defer its approval, leasing arrangements, zone change and any other municipal and Planning Act approvals, relative to the joint development of park and recreational facilities at the former Kitchener Landfill, known as McLennan Park, by the City of Kitchener and the River Valley Golf and Snow Tube Group, pending consideration of a report to be prepared by Kitchener staff; and, the report shall provide an outline of the costs to the City of Kitchener to develop its own passive recreational facility, including soccer field(s), cricket pitch, leash free dog park and free tobogganing hill (excluding snow making); parking requirements; landscaping and pathways for accessibility; and a phased plan of development; and, That the report shall provide a comparison between the public sector proposal and the private/public partnership proposal, including a breakdown of costs to the private developer; lost opportunity for tax revenue to the City if the facility is not privately run; and, advantages and disadvantages of each proposal; and further, That this report be circulated for public input to determine the level of public acceptance toward each of the approaches to be compared and an invitation extended to all interested parties to attend a future special evening meeting of the Community Services Committee. COUNCIL MINUTES APRIL 8, 2002 -144- CITY OF KITCHENER N4061:Akkire1116]i941J W&K611101INI, FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That staff prepare a by-law to amend Municipal Code Chapter 530 (Dogs) to provide for exemption from the dog licensing requirements for dogs that are the property of the Humane Society. 2. That the application of Mr. & Mrs. Keh for a "Grant -in -lieu of Building Permit Fee", under the Downtown Financial Incentive Program for 16 King Street East, in the amount of $723.25, be approved. 3. That the City of Kitchener purchase from the Ministry of Transportation vacant property fronting onto Randerson Avenue, legally described as Part of Lot 59, Registered Plan 651, designated as Part 3 on Plan 58R-12677, at the purchase price of $57,000.; and, That the City of Kitchener agrees to pay the purchase price as follows: Transfer of 3.23 acres of vacant City land to the Ministry of Transportation required for the expansion of Conestoga Parkway; the lands legally described as: Part Lot 98, Subdivision of Lot 2, G.C.T., Part of Lots 45 and 46, Municipal Compiled Plan 762, Lots 48, 49, 50, 51, 54, 55, 56 and 57, Municipal Compiled Plan 765, Part Block "A", Registered Plan 842, Part of Parkway Boulevard and Blocks "F" and "J" Registered Plan 923, Part of Lots 20, 28 and 30 and Part Graber Place, Municipal Compiled Plan 760, Part Lot 2, Municipal Compiled Plan 759, Part Lot 180 and Part Montgomery Road, Registered Plan 651, City of Kitchener, and Part Lots 1 and 4, Registered Plan 253, Part Lot 98, Subdivision of Lot 2, German Company Tract, and Part Block "A", Registered Plan 254, Geographic Township of Waterloo; and, That the City land being valued at $43,730., the balance of the purchase price of $13,270. be paid to the Ministry of Transportation on closing; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor. 4. That Council Policy II -115 (Employee Assistance Program) be amended by deleting paragraph 2 of the Policy in its entirety. 5. That a by-law be considered at the April 8, 2002 Council meeting, in the form as attached to Corporate Services Department report CRPS-02-064, to amend By-law 2001-152. 6. That the appeal of Chris Goleszny for permission to operate a hotdog cart at Home Building Centre, 166 Park Street, Kitchener, be approved. 7. That subject to meeting all licensing requirements and obtaining the owner's permission, Cindy Ertel, Jungle Fries, be granted permission to operate a chip wagon at Hogg Fuel Depot, 1615 Strasburg Road, for the year 2002, with enforcement of the zoning by-law being waived; and further, That should the applications for Official Plan Amendment and Zoning By-law be unsuccessful, the applicant be permitted to operate the subject business until the end of the then current year. 8. That "We Believe in Kids Foundation" be granted permission to hold an auction and serve refreshments in the City Hall Rotunda on May 11, 2002, provided the necessary licence, including Health and Fire approvals, is obtained, with the nominal licence fee of $10.00 being applicable. 9. That the licence fee for the following 2 events at Joseph Schneider Haus be reduced to $10.00: a) Herb Fair - May 4, 2002, and b) Storytelling Festival and Craft Show - September 21, 2002. COUNCIL MINUTES APRIL 8, 2002 -146- CITY OF KITCHENER N4061:Ak-Ire1116]i941J W&K611101INI, FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 10. That "Get Rid of Urban Pesticides" (GROUP) be granted permission to hold a one day sale on April 20, 2002, at the Kitchener Memorial Auditorium, to sell Ecol -awn Care Kits, with the nominal licence fee of $10.00 being applicable. 11. That Legal Services develop standardized resolutions and a policy regarding authority to enter into contracts for the three scenarios as described in Corporate Services Department report CRPS-02-039, and report to Finance and Corporate Services Committee; and further, That Legal Services review Council Policy 1-153 (Agreements & Contracts — Enhancement, Extension or Renewal of), and present a report of suggested revisions which will allow staff to negotiate enhancements, extensions, or renewals to existing agreements, contracts and identified situations. 12. That Council's policy regarding sale by public tender or auction be waived, and vehicle #4508 be donated to Box 690 Fire Department Canteen; and further, That an inscription be placed on this vehicle noting that it has been donated by the City of Kitchener. 13. That the $43,215. cost for the installation of Opticoms for 2002 be paid from Capital Contingency; and further, That future installations of traffic signals include the costs of Opticom installations. HERITAGE KITCHENER — 1. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owner (HPA #2002-V-08) to alter the designated property municipally known as 253 Queen Street South, located in the Victoria Park Area Heritage Conservation District, by constructing a second storey addition on the detached three bay garage located in the rear yard, be approved. 2. That pursuant to Section 33 of the Ontario Heritage Act, the application of the owner (HPA #2002 -IV -09) to alter the designated property municipally known as 73 Queen Street North (Waterloo County Gaol) by erecting a canopy over the main entrance, be approved. 3. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owner (HPA #2002-V-10) to alter the designated property municipally known as 22 Buerkle Court, located in the Upper Doon Heritage Conservation District, by constructing a new single family dwelling, be approved. (Dealt with under Delegations and Carried) 4. That pursuant to Section 33 of the Ontario Heritage Act, the application of the owner (HPA #2002 -IV -07) to demolish the designated property municipally known as 209 Frederick Street (Bingeman Cottage) be approved; subject to the owner providing the City of Kitchener with measured drawings of the building. 5. That Heritage Kitchener expresses its concern with the decision to demolish the Lyric Theatre, as it is listed on the City's Heritage Inventory; and further, That Heritage Kitchener will attempt to lilies with City staff to review the site and possibly document significant features of the building. 6. That the terms of reference for the Heritage Impact Assessment for the proposed apartment building to be partially located on the property municipally known as 530-540 Queen Street South be expanded beyond Section 2.2 (New Building) of the Victoria Park Area Heritage Conservation District Plan, to include all areas of possible heritage impact including the full Heritage Conservation District Plan; and, COUNCIL MINUTES APRIL 8, 2002 -146- CITY OF KITCHENER N4061:Akkire1116]i94ejW&K611J01INI, HERITAGE KITCHENER — (CONT'D) 6. (Cont'd) That the final terms of reference for this Heritage Impact Assessment be approved by Council; and, That the sub -committee to develop the terms of reference consist of all members of Heritage Kitchener and up to 2 representatives of the residents living in the Victoria Park Area Heritage Conservation District; and further, That Council approve the hiring of a heritage planner, who will also be a member of the sub- committee, to assist in developing the terms of reference for the Heritage Impact Assessment. (Dealt with under Delegations and action deferred and referred to the April 15, 2002 Development and Technical Services Committee meeting and to the special Council meeting of the same date.) COUNCIL MINUTES APRIL 8, 2002 -147- CITY OF KITCHENER Ke]LVA hriIIa94*o] a I:1NKTA:[*]I= A. BY-LAWS LISTED ON THE AGENDA — 2ND READING — It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS — 1. Licences 1) Permanent Vendor It was resolved: "That a 2002 Permanent Vendor Licence be granted to Van Thanh Nguyen, to operate a home cleaning business at 699 Westheights Drive, Kitchener." ii) Adult Entertainment Parlour Attendant It was resolved: "That Sarah Hough, Candace Norris and Aline Noureddine, employed at 7-280 Victoria Street North, Kitchener (Cleopatra's), be granted 2002 Adult Entertainment Parlour Attendant Licences." W-1iL.E "That Natasha Holloran, employed at 4-808 Courtland Avenue East, Kitchener (Taj Mahal), be granted a 2002 Adult Entertainment Parlour Attendant Licence." iii) Adult Entertainment Parlour Attendant Council was in receipt this date of Corporate Services Department report CRPS- 02-076 (J. Koppeser), dated April 5, 2002, dealing with an additional Adult Entertainment Parlour Attendant Licence for 2002. It was resolved: "That Pamela Giroux, employed at 2271 Kingsway Drive, Kitchener (Phoenix), be granted a 2002 Adult Entertainment Parlour Attendant Licence." 2. Engineering Agreement — JHS Properties Inc. — Deer Ridge Estates Subdivision 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 Stantec Consulting Limited, regarding Deer Ridge Estates Subdivision, Stages 6 and 8, Plan 30T-94009." 3. Surplus Land — Cedar Hill Housing Partnership Proposal It was resolved: "That the remainder of the City -owned property at 33 Cedar Street South, described as Part of Lot 1 East of Cedar Street, Registered Plan 365, designated as Part 1 on Reference Plan 58R-13435, 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, COUNCIL MINUTES APRIL 8, 2002 -148- CITY OF KITCHENER Ke]LVA hriIIa94�o]aI:1NKTA:[*]I= B. ADMINISTRATIVE REPORTS — (CONT'D) 3. Surplus Land — Cedar Hill Housing Partnership Proposal — (Cont'd) That the Mayor and Clerk be authorized to sign the necessary documentation relating to the transfer." 4. Various Tenders Dealt with under Delegations. 5. Waiver of Consultant Selection Process — Duke and Ontario Garage Structural Repair and Monitoring Program Council was in receipt of correspondence from L. Gordon, dated April 3, 2002, recommending waiver of the consultant selection process. It was resolved: "That Council waive the consultant selection process and award the 2002 Duke and Ontario Garage Structural Repair and Monitoring Program to Morrison Hershfield Limited, North York, Ontario, at their quoted price of $45,796.00 including G.S.T., and further that the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." 6. Tag Day Request — Canadian Cancer Society Council was in receipt of correspondence from B. Robinson, Chair, Air Cadets' Scott Wilson Tag Day for Cancer, dated March 13, 2002, requesting permission to conduct a Tag Day on April 20, 2002, at specified locations. It was resolved: "That Council grant the request of the Royal Canadian Air Cadets — Scott Wilson Tag Day for Cancer for permission to request donations on behalf of the Canadian Cancer Society at the following locations on Saturday, April 20, 2002, as outlined in correspondence from B. Robinson, dated March 13, 2002: • King Street — between Ontario Street and Frederick Street; • Ontario and Queen Streets — within one block either side of King Street; • Scott and Frederick Streets — outside the Kitchener Farmers' Market entrances; and, • Outside the Kitchener Memorial Auditorium Complex." 7. Signing Authorities — Centre in the Square Imprest Account Council was in receipt of Financial Services Department report FIN -02-013 (R. Upfold/P. Houston), dated March 20, 2002, recommending approval of additional signing authority. It was resolved: "That Council approve the addition of the position of Director of Operations to the signing authorities on the Centre in the Square's imprest account as set out on the attached "City of Kitchener Bank Accounts Signing Authorities" dated March 20, 2002 (Schedule "X)." COUNCIL MINUTES APRIL 8, 2002 -149- CITY OF KITCHENER Ke]LVA hriIIa94*o] a I:1NKTA:[*]I= B. ADMINISTRATIVE REPORTS — (CONT'D) 8. Sale of Tickets — Royal Canadian Legion Council was in receipt of Corporate Services Department report CRPS-02-070 (J. Koppeser), dated April 3, 2002, recommending approval of a ticket sale request. It was resolved: "That the City of Kitchener has no objection to the Royal Canadian Legion, Ontario Command, 89 Industrial Parkway North, Aurora, ON L4C 4C4, being granted permission to sell tickets in the City of Kitchener for a draw to be held on May 13, 2002 at the Hamilton Convention Centre, 1 Summers Lane, Hamilton ON." 9. Demand Market Analysis - KPMG Council was in receipt of Community Services Department report CSD -02-058 (K. Baulk/F. Pizzuto), dated April 3, 2002, recommending acceptance of the consultant's report as information. It was resolved: "That Council receive the KPMG Golf Demand Market Analysis report dated November, 2001." 10. Sale of Tickets — Canadian Red Cross Council was in receipt of Corporate Services Department report CRPS-02-071 (J. Koppeser), dated April 3, 2002, recommending approval of a ticket sale request. It was resolved: "That the City of Kitchener has no objection to the Canadian Red Cross, Ontario Zone, 5700 Cancross Court, Mississauga ON L5R 3E9, being granted permission to sell tickets in the City of Kitchener for two draws to be held on June 13, 2002 and June 27, 2002 at the Offices of KPMG, 200 Consumers Rd., Ste. #500, Willowdale ON." 11. One Day Sale — KW Parents of Multiple Births Council was in receipt this date of Corporate Services Department report CRPS-02-077 (J. Koppeser), dated April 5, 2002, recommending approval of a one day sale request. It was resolved: "That the City of Kitchener has no objection to KW Parents of Multiple Births, P.O. Box 23011, Krug Postal Outlet, Kitchener ON, being granted permission to hold a Spring Used Children's Clothing and Equipment Sale at Bingeman Park in the City of Kitchener on April 13, 2002; and further, That the $10.00 nominal fee be applicable." 12. Offer to Purchase — Huron Business Park — Site 146, Washburn Drive Council was in receipt this date of Development & Technical Services Department report DTS-02-066 (R. Morgan/G. Borovilos), dated March 25, 2002, recommending acceptance of a conditional offer for Site 146 within the Huron Business Park. In response to Mayor C. Zehr, Mr. R. Pritchard advised that there has been one other similar instance in which the City has agreed to take back a first mortgage. COUNCIL MINUTES APRIL 8, 2002 -160- CITY OF KITCHENER Ke]LVA hriIIa94*o] a I:1NKTA:[*]I= B. ADMINISTRATIVE REPORTS — (CONT'D) 12. Offer to Purchase — Huron Business Park — Site 146, Washburn Drive — (Cont'd) It was resolved: "That the City accept the conditional Offer to Purchase from Eastforest Homes Ltd., for Parts 14 and 30 on Reference Plan 58R-7426 (Site 146 — Huron Business Park), having an approximate area of 2.07 acres (.838 hectares), at the offering price of $80,000. per acre for a total purchase price of $165,600.; and, That the City agrees to take back a first mortgage for the amount of $149,040. (total purchase price $165,600. minus deposit $16,560.) for a term of one year; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor." 13. Consent to Transfer and Quit Claim Restrictions — Instrument No. 461827 — 352 - 386 Maple Avenue Council was in receipt this date of Corporate Services Department report CRPS-02-072 (J. Shivas), dated April 4, 2002, recommending consent to a transfer of property and execution of a Quit Claim Deed to release restrictions on title relative to the property known as 352 — 386 Maple Avenue. It was resolved: "That the City consent to the transfer to Frank Neibert on June 4, 1973 by Instrument No. 4949666 and from Frank Neibert to Canada Packers Inc. on June 2, 1983 by Instrument No. 753246 of the property described as Part of Lots 2, 8 & 9, Municipal Compiled Plan of Lot 59, German Company Tract and Part of Lot 117, Plan 666, municipally known as 352 — 386 Maple Avenue, Kitchener; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 3.(b) and 5. of Schedule "A" to Instrument No. 461827 respecting that portion of the property known as 352 — 386 Maple Avenue that is the subject of Committee of Adjustment Submission B 2002-003." 14. Encroachment Agreement - 122 Frederick Street Council was in receipt this date of Corporate Services Department report CRPS-02-069 (L. MacDonald), dated April 4, 2002, recommending execution of an encroachment agreement to permit construction of a chain link fence. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the Regional Municipality of Waterloo to permit the construction of an eight (8) foot high chain link fence that will encroach onto 122 Frederick Street, the former Registry Office." 15. Encroachment Agreement — 282 Ottawa Street South Council was in receipt this date of Corporate Services Department report CRPS-02-067 (L. MacDonald), dated April 4, 2002, recommending execution of an encroachment agreement to legalize an existing fence and permit the construction of a utility shed. COUNCIL MINUTES APRIL 8, 2002 -161- CITY OF KITCHENER Ke]LVA hriIIa94*o] a I:1NKTA:[*]I= B. ADMINISTRATIVE REPORTS — (CONT'D) 15. Encroachment Agreement — 282 Ottawa Street South — (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of the property municipally known as 282 Ottawa Street South to legalize an existing fence and permit the construction of a utility shed that will encroach five feet, more or less, onto the laneway at the rear of the property." 16. Sale of Tickets — Dog Guides Canada Council was in receipt this date of Corporate Services Department report CRPS-02-075 (J. Koppeser), dated April 5, 2002, recommending approval of a request to sell raffle tickets. It was resolved: "That the City of Kitchener has no objection to Dog Guides Canada, 152 Wilson St. Oakville ON, being granted permission to sell tickets in the City of Kitchener for a draw to be held on June 28, 2002 at 152 Wilson St., Oakville ON."