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HomeMy WebLinkAboutCouncil Minutes - 2002-05-27 COUNCIL MINUTES May 27, 2002 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor C. Weylie. The meeting began with the singing of "0 Canada" by Taylor Jasztrab, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held May 6, 2002, and special meetings held May 6 & 13, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (a) Letter dated May 1, 2002, from Hon. Elizabeth Witmer, Deputy Premier and Minister of Education, acknowledging receipt of a copy of the letter directed to the Association of Municipalities of Ontario advising of Council's resolution urging the Province to delay plans to deregulate the electricity industry. (b) Letter dated May 3, 2002, from T. Arnott, MPP - Waterloo-Wellington, advising of a letter supporting Council's request for a meeting with the Ontario SuperBuild Corporation respecting applications to the Sports, Culture and Tourism Partnership and the Millennium Partnership Initiative for a New Kitchener Market. (c) Letter dated May 10, 2002 from Hon. T. Hudak, Minister of Consumer and Business Services, acknowledging receipt of Council's resolution concerning changes to The Cemeteries Act. (d) Letter dated May 16, 2002 from K. Redman, MP - Kitchener Centre, concerning development of a Military Leave Policy for municipal staff. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to a tender circulated this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Tender T02-037, Supply & Deliver Sun System Hardware, be awarded to Xwave, Cambridge, Ontario, at their tendered price of $133,116.08, plus P.S.T. and G.S.T." Carried. Mr. Ron Charie, President, Kitchener-Wilmot Hydro Inc. and Ms. Betty Sims, Chair, Kitchener-Wilmot Hydro Board, attended the meeting. Mr. Charie advised that his purpose was to present the Company's 2001 Annual Report to the City which is the Company's major shareholder. He provided commentary covering the sections of the Report, being: source of revenue dollars, application of revenue dollars, balance sheet, statement of operations, statement of cash flows, kilowatt hour sales, controllable expenses per customer, net income, working funds ratio, number of customers, system efficiency, customer service performance indicators and service reliability indices. Mr. Charie also distributed a new bill that customers will be receiving and a pamphlet advising of deregulation of the electricity marketplace and changes that have been made to customer bills. Councillor J. Ziegler advised that he would like to see the cost per kilowatt-hour listed on the bill and Mr. Charie agreed to investigate if it could be accommodated. Councillor B. Vrbanovic referred to the reduction in telephone accessibility standards that has taken place in 2001 compared to 2000 and conveyed the City's experience with customer inquiry issues when the gas and water new billing systems were brought on line. Mr. Charie indicated that hydro staff would be monitoring the situation before making any decisions to add staff on a permanent basis. Councillor Vrbanovic suggested that consideration be given to at least bringing in staff from other areas on a temporary basis in anticipation of additional customer inquiry as a result of the changes taking place in the electricity marketplace and the new billing form. Ms. Betty Sims advised that Kitchener-Wilmot Hydro believes it should provide for tree replacement to offset the impact of tree trimming that it must undertake to maintain service to customers. In this regard, she advised that the Company was increasing its annual contribution towards the City's Tree Replacement Program from $25,000. to $30,000. per year and noted that total contributions to date were $330,000. including the latest cheque which she presented to the City. COUNCIL MINUTES MAY 27, 2002 - 212 - CITY OF KITCHENER Mr. Doug Letson, Chair, Walter Bean Grand River Community Trails Foundation, attended to provide a progress report on trail development and to advise of a major donation in this regard. He indicated that 27 km. of trail were in place by 2002 with 17 km. located in Kitchener, all of which has been paid for by donations and that during 2002, a further 14 km. would be developed in Kitchener as well as additional trail in Waterloo. He noted that 16 of the 18 access points have formal sponsors. Mr. Letson advised that financial support has been received from every level of government and that well over 1,000 individuals have personally contributed to the $5.3M that has been raised in cash, pledges and gifts in kind. At this point, he announced that Michael Barnstijn and Louise MacCallum have made a donation in excess of $1.3M to the Foundation of which $1.2M is directed to the construction of a pedestrian bridge to span the Grand River in the south end of Kitchener and $100,000. was to sponsor a trail access point at RIM Park in Waterloo. He indicated that a preliminary design for the bridge has been prepared. Mr. Michael Barnstijn attended in respect to the donation he and his wife have made and was presented with a print of the Grand River in honour of their financial contribution to the Grand River Trail network. Mayor C. Zehr expressed appreciation to Mr. Barnstijn for the donation and also recognized the work of Mr. Letson and all of the volunteers that have supported the work of the Foundation. Mr. Anthony Christie attended in support of Clause 4 of the Community Services Committee report of this date dealing with removal of a tree at 14 Bingeman Street. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 4 of the Community Services Committee report be adopted." Carried. Ms. Catherine Heal, Downtown Development Officer, attended in support of Item B.11 of the Committee of the Whole agenda of this date dealing with Development & Technical Services Department report DTS-02-124-BPS, dated May 22, 2002, which outlines a proposed social issues framework that would address community social issues comprehensively. She listed members of the team that had been brought together following Council's March 18, 2002 resolution concerning the over concentration of social services in the inner city and Downtown. Ms. Heal then referred to the framework document attached to the staff report and stressed that the intent was to engage the community in this regard. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Council receive Development & Technical Services Department report DTS-02-124-BPS as a preliminary report and the attached document titled, "Proposed Social Issues Framework", for information purposes; and That the Social Issues Team be directed to seek input from the public, through a collaborative and community focused planning approach, on social issues as they relate to the health and welfare of the City's residents and the downtown community; and further, That upon completion of the community planning process, staff be directed to bring an implementation plan on social issues back to Council for endorsement." Carried. Mr. Alf Bogusky attended on behalf of the Kitchener-Waterloo Art Gallery in respect to Clause 1 of the Finance and Corporate Services Committee report dealing with an agreement whereby the City would guarantee an operating line of credit for the Gallery with the T-D Bank. He referred to their presentation made to the Committee on May 13, 2002 and advised that additional information had been provided to City Council. Council was in receipt of Financial Services Department report FIN-02-027, dated May 22, 2002, to which was attached a draft agreement between the City and the Kitchener-Waterloo Art Gallery and the organization's business strategy contained in a document entitled 'Moving Forward: An Enhanced Revenue and Service Plan for the Kitchener-Waterloo Art Gallery dated 05/15/02'. The COUNCIL MINUTES MAY 27, 2002 - 213 - CITY OF KITCHENER staff report also contained a revised recommendation in respect to Clause 1 of the Finance and Corporate Services Committee report. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That Clause 1 of the Finance and Corporate Services Committee report be adopted with the following amendments: . in the first paragraph, . delete the phrase 'in principal' . delete reference to T-D Canada Trust and replace with Toronto-Dominion Bank . in sub-item 4) . delete the wording and replace with wording below: 'That City Council approve the draft agreement dated May 24, 2002, attached to report FIN-02-027 dated May 22, 2002, between the City of Kitchener and the Kitchener- Waterloo Art Gallery whereby the City guarantees an operating line of credit to a maximum of $200,000 for the Gallery with The Toronto-Dominion Bank; and further, That the Mayor and Clerk be authorized to execute the Guarantee Document, between The Toronto-Dominion Bank and the City of Kitchener, securing said operating line of credit for the Gallery; and, the Demand Operating Facilities Agreement, between The Toronto-Dominion Bank and Kitchener-Waterloo Art Gallery, as Guarantor, accepting the terms and conditions of the loan agreement, both bank documents and any revisions are to be to the satisfaction of the City Solicitor. '" Carried. Mr. Eric Hagedorn attended to follow up on previous presentations he has made with respect to the Light Rail Transit (LRT) System proposed by the Region of Waterloo. He circulated a map outlining an alternate routing of an LRT System west of King Street extending between the Waterloo train station and the new Kitchener Market, as well as a submission describing the rationale for this alternate route. He also suggested to Council that it recommend to Grand River Transit that the northern part of the route be constructed from St. Jacobs to the City of Waterloo if it appears there is not sufficient Federal support for the entire project. Mr. Hagedorn then described the advantages of the alternate route and recommended that Kitchener Council seek agreement from the Region that Kitchener be the final approval authority for the route within Kitchener. Council was in receipt of Development & Technical Services Department report DTS-02-126, dated May 23, 2002, discussing an earlier suggestion of Mr. Hagedorn with respect to a Bus Rapid Transit (BRT) idea. Council was also in receipt of Development & Technical Services Department report DTS-02-087, dated April 17, 2002, dealing with the Region's application for Canada's Strategic Infrastructure Funding for a Light Rail Transit (LRT) proposal and supportive responses to the Region's proposal from the City's Environmental Committee, Downtown Advisory Committee and the Economic Development Advisory Committee. Councillor B. Vrbanovic suggested that the Region of Waterloo should be encouraged to review as soon as possible the issue of how a connection to the City of Cambridge could be brought forward as part of the overall consideration of rapid transit proposals. Councillor J. Ziegler advised that he was opposed to the first two recommendations contained in report DTS-02-126. He advised that there was no statistical analysis of the benefits of an LRT system or BRT system and that he objected to the approximate $64M debt that would be incurred by the Region of Waterloo for an LRT system. He commented that society continues to favour the automobile and that an LRT would represent additional debt that would raise the costs of living in the community. Councillor Ziegler requested a recorded vote on the three recommendations in staff report DTS-02-126. Mayor C. Zehr commented that a public process would take place at which time full details would be brought forward for consideration. He also commented that it was possible at this time to look back a COUNCIL MINUTES MAY 27, 2002 - 214 - CITY OF KITCHENER number of years and compare those communities that planned ahead for the future with those that did not and document the benefits that accrued to those communities that did plan for the future. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "a) That the City of Kitchener support in principle the application of the Regional Municipality of Waterloo for a Canada Strategic Infrastructure Fund for a proposed Light Rail Transit System, and; b) That the City of Kitchener requests the Regional Municipality of Waterloo to extend Phase 1 route easterly to the new Kitchener Market in the Market District, and; c) That the City of Kitchener requests the Regional Municipality of Waterloo in the detailed investigation of the project evaluate other technologies, which may provide alternate or compatible transportation solutions. This review should include but not be limited to Bus Rapid Transit." A recorded vote was taken on each part of the motion. Part a): In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, G. Lorentz and J. Smola. Contra: Councillor J. Ziegler Clause a) - Carried. Part b): In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway, G. Lorentz and J. Smola. Contra: Councillor J. Ziegler Clause b) - Carried. Part c): Carried Unanimously. Council was in receipt of Development & Technical Services Department report DTS-02-123-BPS, dated May 22, 2002, dealing with retention of the services of a heritage planning consultant to conduct a review of the Heritage Impact Assessment Study for the 530-560 Queen Street South development proposal as well as to advise Heritage Kitchener on June 11 and City Council on June 17 regarding the acceptability of the Study. Staff have also requested that Council define the circulation area for residents that was requested at the March 18, 2002 Council meeting as within a radius of 120m of the subject property. Ms. Jill Armstrong attended in regard to the Heritage Impact Assessment for 530-560 Queen Street South to indicate that she was in support of the staff recommendation but requested a minor revision to the circulation requirements such that it include the two area residents who were members of the sub-committee that established the Terms of Reference, as well as the Victoria Park Neighbourhood Association and the Kitchener Neighbourhoods for Appropriate Development group. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "1. That Council approve the hiring of Mr. Richard Unterman at a cost not exceeding $3,500.00 (plus G.S.T) to conduct a formal written review of the Heritage Impact Assessment and to provide advice to Heritage Kitchener at its June 11th meeting. Further, that Mr. Unterman would also appear before Council at its June 1 ih meeting to provide advice on matters regarding the Heritage Impact Statement. 2. That Council define the circulation area for residents as per the March 18th 2002, Council resolution, to be interpreted as 'within a radius of 120 metres of the subject property', the COUNCIL MINUTES MAY 27, 2002 - 215 - CITY OF KITCHENER area resident members of the sub-committee that established the Terms of Reference of the Heritage Impact Assessment, the Victoria Park Neighbourhood Association and the Kitchener Neighbourhoods for Appropriate Development group. 3. That a Public Information Meeting with area residents is required to be conducted by the applicant prior to the approval of the Heritage Permit Application." Carried. 1. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Development & Technical Services Committee be adopted." Development & Technical Services Department report DTS-02-120-BPS, dated May 15, 2002, was distributed in regard to the recommendation listed as Clause 9 of the report which was deferred and referred to Council for consideration this date. Attached to the staff report was a new proposed by- law dated May 14, 2002 which deletes 'drive-thru facilities' as a permitted use in accordance with direction given at the May 13, 2002 Development & Technical Services Committee meeting. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to revise the staff recommendation by deleting the proposed by-law dated April 15, 2002 and substituting the new proposed by-law dated May 14, 2002. The report was voted on Clause by Clause. Clause 9 - Carried. Balance of report - Carried. 2. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Community Services Committee be adopted." Voted on Clause by Clause. Clause 4 - Dealt with under Delegations and Carried. Balance of report - Carried. 3. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. 4. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." On motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, it was agreed that Clause 5 of the report dealing with the preservation of 31 Young Street be deferred and dealt with within the context of future redevelopment of the Centre Block. The report was voted on Clause by Clause. COUNCIL MINUTES MAY 27, 2002 - 216 - CITY OF KITCHENER Clause 5 - Action deferred and referred to a future meeting for consideration within the context of proposed re-development of the Centre Block, King Street East from Ontario Street to Young Street. Balance of report - Carried. Councillor J. Ziegler circulated a draft resolution dealing with the water distribution systems maintained by the three local urban municipalities within the Region. He noted that the Walkerton Report made 93 recommendations pertaining to safe municipal water supply and that one of the issues the report did not recommend was the transfer of local water distribution systems to the regional level of government. He referred to remarks of Regional Chair K. Seiling in the newspaper as to the need for the Region of Waterloo to fully control water supply and distribution for safety reasons. Councillor Ziegler emphasized that there have not been any problems with water distribution and that the local urban municipalities were delivering reliable and safe water economically within their respective municipalities. He maintained that the local municipalities should be given an opportunity to demonstrate the merits of their water distribution service and also pointed out that if the Region was to take over water distribution in Kitchener it would result in increased rates for Kitchener customers. At this point, it was agreed that a fourth recommendation should be added to Councillor Ziegler's motion requesting the resolution be circulated to the Cities of Cambridge and Waterloo for consideration and endorsement, as well as circulated as information to the Region of Waterloo and the four area townships, the Premier and Deputy Premier of Ontario, the Minister of the Environment and Energy and local MPPs. Councillor Ziegler, as a member of both Kitchener and Regional Council two years ago, pointed out how Regional staff had commented on the excellence of the water systems in Waterloo Region at the time of contamination of the Town of Walkerton's water supply and emphasized that nothing has changed in the Region during the last two years in this regard. He suggested that the Regional Chair's remarks were designed to further promote one level of municipal government within the Region through a backdoor approach. Councillor G. Lorentz stated that he was disappointed with the comment of the Regional Chair if he was accurately quoted in the newspaper article. Further, he pointed out that in the nine years he served on Regional Council he had never heard a concern expressed regarding the water distribution systems maintained by the three local urban municipalities. He commented that the real issue was that control of water and sewer infrastructure equated to control of municipal development and growth. In response to Councillor G. Lorentz, Mayor C. Zehr advised that the Regional Chair and staff had undertaken, on their own, and without Regional Council consideration, to make representations for consolidation of local municipal water distribution systems at the Regional level. Councillor B. Vrbanovic commented that the recent remarks by the Regional Chair were an attempt to bring more services to the Regional level. Mayor C. Zehr indicated that given the current circumstances, he could not support a transfer of systems to the Regional level notwithstanding that he agreed with the concept of a single tier municipality but opposed piecemeal acquisition of services by the Region that would make local municipal operations inefficient. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "WHEREAS the water distribution systems maintained by the three local urban municipalities within the Regional Municipality of Waterloo are safe, reliable and economical; AND WHEREAS the Chair of the Regional Council has indicated his personal preference for the consolidation of the local municipal water distribution systems at the Regional level; AND WHEREAS Justice Dennis O'Connor, in the Walkerton Report, did not make a formal recommendation to the Province that there be any transfer of jurisdiction of the water distribution system from the local municipalities to the Region of Waterloo; AND WHEREAS Justice O'Connor acknowledges, in the Walkerton Report, that he did not have an opportunity to consult with affected local urban municipalities concerning the distribution of water within their respective jurisdictions; THEREFORE BE IT RESOLVED THAT: COUNCIL MINUTES MAY 27, 2002 - 217 - CITY OF KITCHENER 1. The three local urban municipalities within the Region (Waterloo, Cambridge and Kitchener) report on the quality, cost and safety of their respective water distribution systems, with this information to be made available to the Province of Ontario, area MPPs and their constituents; 2. The Province and the Regional Municipality of Waterloo take no action on the possible consolidation of the local water distribution systems at the Regional level until the report of the three local urban municipalities has been completed and reviewed by all parties; 3. Representatives of the Councils and staff of the three local urban municipalities meet with the Premier, Deputy Premier and local MPPs to obtain their support in ensuring that no unilateral action is taken by either the Province or the Region of Waterloo with regard to transferring responsibility for the water distribution systems until the report of the three urban municipalities has been completed, discussed locally and subsequently reviewed by the Province. 4. This resolution be circulated immediately to the Cities of Cambridge and Waterloo for their consideration and endorsement; and in addition, be circulated as information, to the Region of Waterloo and the four area townships in Waterloo Region as well as to the Premier and Deputy Premier of Ontario, the Minister of the Environment & Energy and local MPPs." A recorded vote was requested and the motion was Carried Unanimously. Councillor J. Smola advised that the City was in receipt of correspondence from the City of Mississauga requesting endorsation of its resolution requesting that the role of the Ontario Municipal Board be reviewed by the Province. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the City of Kitchener endorse the City of Mississauga Council resolution #0128-2002 passed May 8, 2002, requesting the Government of Ontario to review the role of the Ontario Municipal Board (OM B), the Planning Act and the Ontario Municipal Board Act such that only major planning matters which address matters of Provincial Policy and approval of Official Plans be referred to the OMB." Carried. Councillor B. Vrbanovic requested that staff investigate zoning approaches in the Downtown that might assist in achievement of the City's vision for the Downtown. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That staff review existing zoning in the Downtown and what broad approaches might be taken to encourage acceptable uses envisaged for the Downtown." Carried. Council agreed to a request from Mr. G. Sosnoski, City Clerk, to add six additional by-laws to the agenda for three readings this date: five by-laws deal with planning matters relating to Clauses 6,7,8 & 9 of the Development & Technical Services Committee report approved this date and the sixth by- law relates to amendment of Municipal Code Chapter 665 respecting property standards for maintenance and occupancy as referenced in Clause 12 of the Finance and Corporate Services Committee report approved this date. A by-law, to change the name of certain streets, was inadvertently listed for third reading on the agenda and was removed. 5. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES MAY 27, 2002 - 218 - CITY OF KITCHENER (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) 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. (c) Being a by-law to exempt certain lots from Part Lot Control - Lot 325, Registered Plan 1426 - Timberlane Crescent. (d) Being a by-law to repeal By-law No. 2001-30. (e) Being a by-law to repeal By-law No. 2001-31. (f) Being a by-law to set and levy the rates of taxation for City purposes for the year 2002 and to provide for the payment of taxes after interim taxes. (g) Being a by-law to change the name of certain streets in the City of Kitchener. (h) Being a by-law to exempt certain lots from Part Lot Control - Lot 110, Registered Plan 1773 - Schueller Street. (i) To confirm all actions and proceedings of the Council. OJ Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1476581 Ontario Limited - King Street West. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Petro Canada - Southwest corner of Morgan Avenue and River Road. (I) Being a by-law to adopt Amendment No. 41 to the Municipal Plan - City of Kitchener - 4 Charles Street East. (m) 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. (n) Being a by-law to adopt Amendment No. 42 to the Municipal Plan - City of Kitchener - Block Line Road. (0) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code with respect to Property Standards. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 6. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. COUNCIL MINUTES MAY 27, 2002 - 219 - CITY OF KITCHENER 7. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2002-96) (b) 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. 2002-97) (c) Being a by-law to exempt certain lots from Part Lot Control - Lot 325, Registered Plan 1426 - Timberlane Crescent. (By-law No. 2002-98) (d) Being a by-law to repeal By-law No. 2001-30. (By-law No. 2002-99) (e) Being a by-law to repeal By-law No. 2001-31. (By-law No. 2002-100) (f) Being a by-law to set and levy the rates of taxation for City purposes for the year 2002 and to provide for the payment of taxes after interim taxes. (By-law No. 2002-101) (g) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code with respect to Property Standards. (By-law No. 2002-102) (h) Being a by-law to exempt certain lots from Part Lot Control - Lot 110, Registered Plan 1773 - Schueller Street. (By-law No. 2002-103) (i) To confirm all actions and proceedings of the Council. (By-law No. 2002-104) OJ Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1476581 Ontario Limited - King Street West. (By-law No. 2002-105) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Petro Canada - Southwest corner of Morgan Avenue and River Road. (By-law No. 2002-106) (I) Being a by-law to adopt Amendment No. 41 to the Municipal Plan - City of Kitchener - 4 Charles Street East. (By-law No. 2002-107) COUNCIL MINUTES MAY 27, 2002 - 220 - CITY OF 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 - Charles Street East. (By-law No. 2002-108) (n) Being a by-law to adopt Amendment No. 42 to the Municipal Plan - City of Kitchener - Block Line Road. (By-law No. 2002-109) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:50 p.m. MAYOR CLERK COUNCIL MINUTES MAY 27, 2002 - 221 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That a stop control be installed on Kesselring Court at the intersection of Kesselring Drive facing northbound traffic; and further, That the Uniform Traffic By-law be amended accordingly. 2. That the Grand River Conservation Authority (GRCA) be advised that the Kitchener Environmental Committee response to the GRCA draft Wetlands Policy is recommended for referral to the June 10, 2002 Development & Technical Services Committee meeting for consideration and recommendation to City Council on June 17, 2002. 3. That the public meeting for Zone Change Application ZC 01/22/S/BS for the City owned land between 98 and 106 Strange Street be deferred to a future meeting of the Development and Technical Services Committee. 4. That for the time being an all-way stop control not be installed at the intersections of Erinbrook Drive at Laurentian Drive, Rittenhouse Road and Rockwood Road on the understanding staff will monitor Erinbrook Drive traffic, as well as undertake traffic studies during peak afternoon 1 evening hours (3-6 pm or 4-7pm) and report back to the Committee at a future date; and, That an all-way stop control be installed at the intersection of Erinbrook Drive at Tillsley Drive; and further, That the Uniform Traffic By-Law be amended accordingly. 5. That an all-way stop control be installed at the intersection of Waterloo Street at Louisa Street; and further, That the Uniform Traffic By-Law be amended accordingly. 6. That Zone Change Application ZC 02/01/K/CB (944-946 King Street West - 1476581 Ontario Limited), to change the zoning on the subject lands, legally described as Lot 294 and Part Lot 293, Registered Plan 385, Designated as Parts 1 and 2, Reference Plan 58R-4485, City of Kitchener, from Commercial-Residential One Zone (CR-1) to Commercial-Residential One Zone (CR-1) with Special Use Provision 307U to permit convenience retail uses and personal service uses within the building, existing on September 17, 2001, be approved, in the form shown in the Proposed By-law dated April 18, 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 Amendment #36 (New Commercial Policy) to the City's Municipal Plan. 7. A. That Municipal Plan Amendment Application MP 02/04/C/GR (City of Kitchener - 4 Charles Street East) being an amendment to add Special Policy #36 to Part 3, Section 12 of the Municipal Plan, be approved, as follows: "36. 4 Charles Street East Notwithstanding the maximum Floor Space Ratio in the Retail Core of 2.0, a maximum Floor Space Ratio of 4.6 for a multi-storey parking garage shall be permitted on lands located at 4 Charles Street East." It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. B. That Zone Change Application ZC 02/13/C/GR (4 Charles Street East - City Initiated) requesting a change in zoning from Retail Core Zone (D-1) to Retail Core Zone (D-1), with special regulation provision 383R on lands legally described as part Lot 2 and North 112 of Lot 3, part Lot 4 and Southwest 112 of Lot 3, East of Queen Street, part Lot 32 and part of Block marked 10 to 15, West of Benton Street, Registered Plan 394, more particularly described as Parts 5 to 9 inclusive on Plan 58R-1516, in the City of Kitchener, COUNCIL MINUTES MAY 27, 2002 - 222 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. Cont'd be approved, in the form shown in the "Proposed By-law", dated April 19, 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 a recommended Amendment (MP 02/04/C/GR - 4 Charles Street East) to the City's Municipal Plan. 8. A. That Municipal Plan Amendment Application MP 02/02/B/BS (City of Kitchener - Block Line Road), being an amendment to change Map 4 -Transportation to show the revised alignment of the Block Line Road extension, as shown on Schedule 'A' attached to Amendment, be approved. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. B. That amendments to the 'Country Hills East Community Plan', being changes to: Map B - Community Plan, Map D - Floodplain and Environmental Areas, and Map H - Community Trails to show the revised alignment of the secondary arterial road, as shown on Maps 1 to 3 attached to report DTS-02-078-BPS, be approved. It is the opinion of this Committee that approval of these Amendments to the Community Plan is proper planning for the City and is in conformity a recommended Amendment (MP 02/02/B/BS - Block Line Road) to the City's Municipal Plan. 9. That Zone Change Application ZC 01/29/M/BS (Morgan Avenue and River Road - Silva Dental Laboratory / Petro Canada Limited), to change the zoning on the subject lands, legally described as Plan 1310 Block E, City of Kitchener, from Service Station Zone (C-7) to Convenience Commercial Zone (C-1) with Special Use Provision 304U to permit a health clinic and a reduction in the required parking, be approved, in the form shown in the Proposed By- law dated May 14, 2002, deleting 'drive-thru facilities' as a permitted use, without conditions. COMMUNITY SERVICES COMMITTEE - 1. That $42,000. be reallocated from the 2002 Parks Operations Improvement capital account to the Playground Features account to cover the cost of improvements to children's playground facilities as outlined in Community Services Department report CSD-02-1 05. 2. That Legal Services staff be directed to initiate the necessary steps to exchange land with the Waterloo Catholic District School Board to accommodate construction of the Stanley Park Community Resource Centre. 3. That the City of Kitchener enter into an agreement with the Centre in the Square (CITS) for a 5 year period for provision of ticketing services for the Kitchener Memorial Auditorium Complex; and, That $28,000. be transferred from the Capital Contingency Fund to fund the costs related to replacement of current ticketing hardware equipment and communication links; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute the agreement with the Centre in the Square. 4. That the City of Kitchener pay 50% of the cost to remove the tree at 14 Bingeman Street up to a maximum of $1 ,000. Dealt with under Delegations and Carried) COUNCIL MINUTES MAY 27, 2002 - 223 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That approval be given to an agreement between the City of Kitchener and the Kitchener- Waterloo Art Gallery whereby the City guarantees an operating line of credit for the Gallery with the Toronto-Dominion Bank including to the following terms: 1) the maximum amount of the guarantee shall be $200,000; 2) the guarantee shall be fully secured by a first call on unencumbered art work owned by the K-W Art Gallery; 3) the term of the guarantee shall not exceed 10 years; 4) That City Council approve the draft agreement dated May 24, 2002, attached to report FIN-02-027 dated May 22, 2002, between the City of Kitchener and the Kitchener- Waterloo Art Gallery whereby the City guarantees an operating line of credit to a maximum of $200,000 for the Gallery with The Toronto-Dominion Bank; and further, That the Mayor and Clerk be authorized to execute the Guarantee Document, between The Toronto-Dominion Bank and the City of Kitchener, securing said operating line of credit for the Gallery; and, the Demand Operating Facilities Agreement, between The Toronto-Dominion Bank and Kitchener-Waterloo Art Gallery, as Guarantor, accepting the terms and conditions of the loan agreement, both bank documents and any revisions are to be to the satisfaction of the City Solicitor. 5) the K-W Art Gallery shall provide to the City with a detailed 5 to 10 year business plan to eliminate the total accumulated deficit. The said business plan shall comply with the following guidelines, and shall be received for approval by the City within six months of this resolution: a) increases in the operating grants from the City of Kitchener shall not exceed inflation; b) any identified need for support from the City of Kitchener be in the form of short term or one-time funding to enable the K-W Art Gallery to implement its business plan; and, c) the plan should identify all other sources of revenue along with a strategy for stabilizing other funding sources. (Dealt with under Delegations and Carried, as Amended) 2. That the application of The Cora Group for a 'Grant-in-Iieu of Building Permit Fee' under the Downtown Financial Incentive Program, for renovations at 49 Frederick Street and 50 Queen Street North, in the amount $2,602.50, be approved. 3. That the General Manager of Financial Services and City Treasurer or designate be delegated authority to sign the annual 'Licence to Use Property Assessment Information Agreement' and 'Request for Administrator's Account' with the Municipal Property Assessment Corporation, in the form as attached to Financial Services Department report FIN-02-020, subject to the satisfaction of the City Solicitor. 4. That routine administrative changes to the Council Policies as referenced in Corporate Services Department report CRPS-02-11 0 be approved. 5. That the request of 'JesusFest 2002' to operate concession stands during their event at Victoria Park on June 15, 2002 be approved, provided the necessary licence, including Fire and Health approvals, is obtained; and further, That the request of 'JesusFest 2002' for an exemption from Municipal Code Chapter 450 (Noise) for their event to take place at Victoria Park on June 15, 2002 be approved. COUNCIL MINUTES MAY 27, 2002 - 224 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. That the request of the Kitchener Downtown Business Association to locate four food vendors on King Street during the annual 'Cruising on King Street' event on July 5, 2002, be approved, provided the necessary licence, including Fire and Health approvals, is obtained; and, That Classic Auto Cleaning, 69 Joseph Street, be permitted to operate a stand on King Street during this event; and further, That the request of the Kitchener Downtown Business Association for an exemption from Municipal Code Chapter 450 (Noise) for 'Cruising on King Street', July 5,2002, be approved. 7. That the Mayor and Clerk be authorized to sign a consent to permit Associated Ministerial Services Inc. to assign its interest in the lease of the City Hall Wedding Chambers and Rose Chapel to Patricia Fretwell. 8. That the watermain cleaning schedule be adjusted to focus on cleaning areas of greatest need. 9. That an Ad Hoc Committee on Companion Animals Working Group be formed to negotiate an agreement between the Cities of Kitchener and Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society for the creation and funding of a spay/neuter program, in accordance with the provisions set out in Corporate Services Department report CRPS-02- 112; and further, That the following be appointed as Kitchener's representatives on this Ad Hoc Committee: a) voting members: Councillor J. Ziegler and Dr. Gary Goeree; b) non-voting members: Ms. Anne Menon and Ms. Rosemary Upfold. 10. That Council Policies 1-72 (Community Services Committee-Terms of Reference), 1-85 (Finance and Administration Committee-Terms of Reference), 1-130 (Planning and Economic Development Committee-Terms of Reference) and 1-133 (Standing Committee Meetings) be amended as attached to report CRPS-02-094 and be re-numbered accordingly, save that those items listed in Section 5 of Council Policy 1-85 shall be included in the new Terms of Reference for the Finance and Corporate Services Committee; and further, That Council Policies 1-84 (Finance and Administration Committee- Agenda), 1-125 (Planning and Economic Development Committee- Public Meetings) and 1-132 (Public Works and Transportation Committee-Terms of Reference) be repealed. 11. That Council Policies 1-5 (Appointments-Voting Procedures), 1-60 (Appointment-Lay Members- Length of Service), and 1-61 (Appointment-Special Committee) be consolidated into one new Policy entitled 'Appointment-Boards and Committees', as attached to Corporate Services Department report CRPS-02-095 and the individual Policies be repealed; and, That Council Policies 1-63 (Arts and Culture Advisory Committee-Terms of Reference), 1-75 (Economic Development Advisory Committee-Terms of Reference), 1-81 (Environmental Committee-Terms of Reference) and 1-90 (Kitchener Downtown Advisory Committee-Terms of Reference), be amended as attached to Corporate Services Department report CRPS-02-095 and re-numbered accordingly; and, That Council Policies 1-71 (Community Services Advisory Committee-Terms of Reference), 1- 79 (Employment Equity Review Committee-Terms of Reference), 1-83 (Ethno-Cultural Advisory Committee-Terms of Reference), 1-97 (Kitchener Safe City Committee-Terms of Reference) and 1-131 (Public Art Committee-Terms of Reference) be repealed; and further, That the draft Policies attached to report CRPS-02-095, entitled 'Safe & Healthy Community Advisory Committee-Terms of Reference' and 'Heritage Kitchener-Terms of Reference', be adopted as Council Policy and numbered accordingly. COUNCIL MINUTES MAY 27, 2002 - 225 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 12. That a by-law be considered at the May 27, 2002 Council meeting, to amend Municipal Code Chapter 665 (Property Standards for Maintenance and Occupancy), to require swimming pools to be kept clean of stagnant water. HERITAGE KITCHENER- 1. That pursuant to Section 43 of the Ontario Heritage Act, Council approve the application of the owner (HPA #2002-V-11) to alter the designated property municipally known as 25 Mitierra Drive, located in the Upper Doon Heritage Conservation District, by constructing a new single family dwelling and garage, including the following materials: brick: vinyl siding: shutters & garage door: porch railings & window trim: roof shingles: 'Century Brick' - 'Loyalist' - 'Olde Bronte' colour'Sandlewood' paint colour - 'Brackish' (Home Hardware Colour No.4156) colour - white asphalt - colour - dark brown 2. That pursuant to Section 43 of the Ontario Heritage Act, Council approve the application of the owner (HPA # 2002-V-12) to alter the designated property municipally known as 10 Buerkle Court, located in the Upper Doon Heritage Conservation District, by constructing a new single family dwelling and attached garage, including the following materials: shingles: brick: siding: soffit, fascia & eaves: windows: asphalt - colour - black 'Rexdale' - 'Colonial Viscount' colour - 'Wicker' colour - 'Cashmere' colour - white 3. That pursuant to Section 33 of the Ontario Heritage Act, Council approve the application of the owner (HPA #2002-IV-14) to alter the designated property municipally known as 307 Queen Street South (Bread & Roses Co-operative Housing) by installing stone coated steel roofing produced by 'Decra' over the existing asphalt shingles. 4. That pursuant to Section 43 of the Ontario Heritage Act, Council approve the application of the owner (HPA #2002-V-13) to demolish the detached garage at the designated property municipally known as 21 Norfolk Crescent, located in the St. Mary's Heritage Conservation District. 5. WHEREAS City Council previously indicated its willingness to preserve the historic and architecturally significant building municipally known as 31 Young Street (John Forsyth Factory) by designating it pursuant to the Ontario Heritage Act, against the wishes of the owner; THEREFORE BE IT RESOLVED that Heritage Kitchener strongly urges Council to set an example for other owners of designated properties by maintaining the designation under the Act, preserving the John Forsyth Factory by repairing the drainage pipes to prevent further water damage, and requiring preservation of this building as a condition of any redevelopment. (Action deferred and referred to a future meeting for consideration within the context of proposed re-development of the Centre Block, King Street East from Ontario Street to Young Street) COUNCIL MINUTES MAY 27, 2002 - 226 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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 i) Adult Entertainment Parlour Attendant Licences It was resolved: "That Terri Ryan, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Tara Wunder, employed at 280 Victoria Street North (Cleopatra), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Laura Snowden, employed at 808 Courtland Avenue East (Taj Mahal), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Heather Merkley, employed at 1412 Victoria Street South (Mystique), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." ii) Permanent Vendor Licence "That a 2002 Permanent Vendor Licence be granted to Nizan Abuhijleh, to operate a variety store at 1020 Ottawa Street North, Unit #3, Kitchener." 2. Final Accountina Aareement - Stoke Drive Forcemain Construction It was resolved: "That the Mayor and Clerk be authorized to sign the Final Accounting Agreement for Stoke Drive Forcemain Construction, subject to the satisfaction of the City Solicitor." 3. Local Improvement Petition - Sanitarv Sewer/Connection - Victoria Street North It was resolved: "That we grant the petition of the Sorbara Group on behalf of Alpine Investments Limited to construct a sanitary sewer and connection as a Local Improvement on Victoria Street North, north side, from Lackner Boulevard to 85m east of Lackner Boulevard." COUNCIL MINUTES MAY 27, 2002 - 227 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Encroachment Aareement - 895 Doon Villaae Road It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner of the property municipally known as 895 Doon Village Road to legalize an existing armourstone retaining wall, decorative curbing and landscaping as they encroach 5.8 metre, more or less, into the Doon Village Road road allowance." 5. Sale of Easements to Bell Canada It was resolved: "That the City of Kitchener accept the Offer from Bell Canada to acquire three separate easements from the City of Kitchener at a cost of $20,000.00 for each easement, and at the locations described below: Site 1 (River Road) Part Lot 1, Plan 965, now designated as Part 1 on Plan 58R-13384, now known as PIN 22530-0160; Site 2 (Monte Carlo Street) Part of Block 53, Registered Plan 1680, and Part Lot 2, Municipal Compiled Plan 1003, now designated as Part 1 and Part 2 on Plan 58R-13507, now known as PIN 22445-0020 and PIN 22445-0199; Site 3 (Rittenhouse Road) Part Block "C", Plan 1416, now designated as Part 1 on Plan 58R-13408, now known as PIN 22610-0129; and, That Legal Services be directed to transfer same to Bell Canada; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor." 6. Land Purchase from 848809 Ontario Limited - Wabanaki Drive Extension Proiect Council was in receipt of Corporate Services Department report CRPS-02-125 (G. Melanson), dated May 17, 2002, recommending acceptance of an Offer to Sell from 848809 Ontario Limited. It was resolved: "That the City accept the Offer to Sell dated May 15, 2002 from 848809 Ontario Limited for $60,000.00 plus G.S.T. regarding the City's purchase of approximately 2.25 acres of land, more particularly set out in the Offer to Sell, for the purpose of the Wabanaki Drive Extension Project (road alignment and storm water management pond)." 7. Citv Hall Cafeteria Renovations Council was in receipt of Financial Services Department report FIN-02-026 (S. McDonald/C. Miller/P. Houston), dated May 16, 2002, recommending the transfer of funds needed to undertake renovations. It was resolved: "That $20,000. be transferred from the Capital Contingency Reserve account to fund renovations for the City Hall Cafeteria." COUNCIL MINUTES MAY 27, 2002 - 228 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Release of Assets and Indemnitv Aareement - Deloitte & Touche Council was in receipt of Corporate Services Department report CRPS-02-126 (L. Marshall), dated May 21, 2002, recommending signing authority with respect to the above agreement. It was resolved: "That the General Manager of Community Services, Frank Pizzuto, be given retroactive authority to sign the "Release of Assets and Indemnity Agreement" between the City of Kitchener and Deloitte & Touche, dated May 15, 2002, regarding the release of Christmas Decorations from Deloitte & Touche as Receivers under the Bankruptcy and Insolvency Act." 9. Uncollectable Business Taxes Council was in receipt of Financial Services Department report FIN-02-021 (0. den Ouden/P. Houston), dated April 6, 2002, authorizing the writing off of uncollectable business taxes. It was resolved: "That Revenue be authorized to write off uncollectable business taxes of $12,809.11 as set out on the "2002 Uncollectable Business Taxes" listing dated April 26, 2002." 10. Appointment - Deputv Fire Co-ordinator Council was asked to consider the following in support of the Region of Waterloo's proposed appointment of Fire Chief Browning as a Deputy Fire Co-ordinator in respect to the Mutual Fire Aid Plan. At present, the City of Cambridge Fire Chief serves as the Fire Co-ordinator and the Chiefs of Kitchener and Waterloo as Deputy Co-ordinators. It was resolved: "That Fire Chief Robert Browning be authorized to serve as a Deputy Fire Co-ordinator under the Mutual Fire Aid Plan for the Regional Municipality of Waterloo." 11. Report - Social Issues Team Dealt with under Delegations. 12. Offer to Purchase - Site 57 - Huron Business Park Council was in receipt of Development & Technical Services Department report DTS- 02-125 (P. Bacon/K. Bissell/G. Borovilos/G. Stewart), recommending acceptance of an Offer to Purchase. It was resolved: "That Council accept the Offer to Purchase from Primus Properties Inc. (in Trust) for Parts 1, 2, 11, 13, 15, 16, 17 and 19 on Registered Plan 58R-5359, together with a right-of-way for a mutual drive over Parts 3, 10, 12 and 14 on Reference Plan 58R-5359 and subject to a right-of-way for a mutual drive over Parts 2, 11, 13, and 15 on Reference Plan 58R-5359; being a parcel of land in the Huron Business Park having an area of approximately 2.8309 acres at the price of $150,000 per acre for 2.8309 acres, resulting in a total purchase price of $424,635.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor." COUNCIL MINUTES MAY 27, 2002 - 229 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 13. Lease Amendment - Williams Coffee Pub It was resolved: "That the City enter into, and the Mayor and Clerk be authorized to execute, an agreement dated May 21, 2002, with Williams Coffee Pub Inc. to amend the existing lease for restaurant space at City Hall." 14. Municipal Access Aareement - Telus Communications Inc. Council was in receipt this date of Corporate Services Department report CRPS-02-129 (J. Shivas), dated May 24,2002, recommending execution of an agreement. It was resolved: "That the Mayor and Clerk be authorized to execute a Municipal Access Agreement dated January 1, 2002 between the City and Telus Communications Inc. to permit installation of fibre-optic cable within City road allowances."