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HomeMy WebLinkAboutCouncil Minutes - 2002-06-17COUNCIL MINUTES June 17, 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 Brenda Whiteman, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held May 27, 2002, and special meetings held May 27 and June 10, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE — (a) Letter dated May 16, 2002, from Hon. Elizabeth Witmer, Deputy Prime Minister and Minister of Education, acknowledging receipt of Council's resolution supporting the Federal proclamation of National Public Medicare Day and Canada's publicly administered health care system. (b) Letters dated May 16 & 17, 2002, from Mr. T. Arnott, MPP, Waterloo -Wellington, and Mr. W. Wettlaufer, MPP, Kitchener Centre, acknowledging receipt of Council's resolution concerning de -regulation of the electricity industry. (c) Letter dated May 21, 2002, from L.A. Lavell, Executive Correspondence Officer, Office of the Prime Minister, acknowledging receipt of Council's resolution supporting the Federal proclamation of National Public Medicare Day and Canada's publicly administered health care system. (d) Letter dated June 3, 2002, from Roy Romanow, Commissioner, Commission on the Future of Health Care in Canada, acknowledging receipt of Council's resolution supporting the Federal proclamation of National Public Medicare Day and Canada's publicly administered health care system. (e) Letter dated June 4, 2002, from the Hon. Ernie Eves, Premier of Ontario, acknowledging receipt of Council's resolution supporting the Federal proclamation of National Public Medicare Day' and support for Canada's publicly administered health care system. Mayor C. Zehr announced to those present that Item (f) of the agenda; being a presentation by Glen Scheels with respect to the Gaukel / Young Corridor Master Plan, as well as the Centre Block Development Guidelines, was not being presented this date and was being rescheduled for consideration at Council's special meeting to be held Monday, June 24, 2002. He asked that anyone with an interest in this matter contact the City Clerk to find out the time it will be considered. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Tender T02-007, Supply & Deliver Electrical Supplies & Related Materials, be awarded to Gerrie Electric Wholesale Limited, Kitchener, Ontario for a two year period. The City's estimated annual cost is $62,015.28, plus P.S.T. & G.S.T." erre "That Tender T02-010, Supply & Deliver Tires & Related Services, be awarded to Bast Tire and Auto Service, Waterloo, Ontario at their tendered price of $89,899.58, plus G.S.T. & P.S.T., for a one (1) year period, with two (2) additional twelve (12) month optional terms. " - and - "That Tender T02-020, Roof Replacement — Kitchener Memorial Auditorium Complex and Doon Pioneer Park Community Centre, be awarded as follows: a) the Kitchener Memorial Auditorium Complex portion to Eileen Roofing Inc., York, Ontario at their tendered price of $17,000., plus $750. for membrane warranty, $561. for bonding requirements and G.S.T; and COUNCIL MINUTES JUNE 17, 2002 -234- CITY OF KITCHENER b) the Doon Pioneer Park Community Centre portion to Wm. Green Roofing Ltd., Guelph, Ontario at their adjusted tendered price for Option B (steel roof) of $116,830., plus $1,518.80 for bonding and G.S.T. " - and - "That Tender T02-030, Closed Circuit T.V. Inspection of Gravity Sewers, be awarded to Azurix North America Underground Infrastructure Corp., Hamilton, Ontario at their tendered price of $360,643.50, including a contingency of $15,000 and G.S.T." erre "That Tender T02-046, Gas Pipeline Construction, be awarded to Link - Line Construction Ltd., Milton, Ontario at their adjusted tendered price of $2,002,266.30, including G.S.T." Carried. Mr. Z. Zugaj and Mr. D. Powell were in attendance to support the decisions of the Committee of Adjustment as listed under Item B.8 of the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That the application of Zeljko Zugaj and Christine Uhrig (Committee of Adjustment Submission No. FN 2002-005) requesting permission to erect a wooden fence 0 m from the lot line adjacent to Otterbein Road, from the rear lot line and continuing along the sideyard a distance of 23.5 m (77.09 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 22, Registered Plan 1719, 82 Misty Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the fence shall be modified to provide a minimum stopping sight distance, 6.7 m x 2.4 m (21.98 ft. x 7.87 ft.), adjacent to Otterbein Road as illustrated on the drawing attached to the Traffic & Parking Analyst's memorandum, dated April 17, 2002." Carried. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That the application of David and Heidi Powell (Committee of Adjustment Submission No. FN 2002-003) requesting permission to relocate an existing wooden fence to be setback 0.91 m (3 ft.) from the lot line adjacent to Maxwell Drive, from the rear lot line and continuing along the sideyard a distance of 16.5 m (54.13 ft.), having a maximum height of 1.82 m (6 ft.) rather than the permitted 0.91 m (3 ft.), on Lot 8, Registered Plan 1582, 109 Biehn Drive, Kitchener, Ontario, BE APPROVED." Carried. Ms. Heather Thomson attended as a neighbourhood representative to comment on the activities of General Environmental Group (GEG) and illustrate photographs pertaining to site conditions at 90 Woodside Avenue, express concerns regarding the Ministry of the Environment (MOE) draft Certificate of Approval, as well as concerns with respect to City zoning and enforcement issues. She noted that the location of the property and the proposed soil recycling use makes the proposal a community -wide issue. Ms. Thomson outlined the boundary of the Woodside property and listed the many community recreational facilities immediately adjacent to the property, as well as nearby St. Mary's Hospital and J.F. Carmichael School. She expressed concern that there was no way to force GEG to develop the lands as residential once the recycling operation was concluded. She then referred to the matter of non -hazardous and non-toxic contaminated soils that are to be treated completely within the facility but requested that these terms must be defined within the by-law in order to provide for effective enforcement. Ms. Thomson noted a large portion of the building has been demolished and that walls have been removed. She advised that the Certificate of Approval has not yet been granted but that they have been told they will be provided with a draft copy of the conditions COUNCIL MINUTES JUNE 17, 2002 -236- CITY OF KITCHENER as well as City Council and requested Council give the conditions detailed consideration. Further, she pointed out that a suitable building must be in place to contain the recycling operation. Councillor M. Galloway questioned what assistance Ms. Thomson was asking of the City. She advised that a designated staff contact was needed who could co-ordinate issues among staff from Planning, Community Services, Traffic, Fire, Economic Development and Enforcement. She also raised a concern with respect to reference being made to 'soil -like' material. Mr. J. Fielding advised that staff would assist to whatever extent Council directed. Ms. L. MacDonald confirmed that staff are in the midst of addressing the request for a liaison and appropriate staff contacts in the areas referred to by Ms. Thomson. Ms. MacDonald advised that the Minister has not received all of the information required from GEG in order to deal with the Certificate of Approval and it was unknown when the Minister could deal with the matter. Council requested that staff communicate with the Province to request sufficient time be provided that would allow Council to deal with the Certificate in view of Council's summer meeting schedule. Ms. MacDonald also advised that staff were reviewing records to determine if any required demolition permits were applied for or granted. In respect to definition of non-hazardous/non-toxic terms, she noted that these were being reviewed and that staff would advise the residents group and City Council in this regard. Further, she confirmed that Council has authorized soil testing on property adjacent to 90 Woodside Avenue and was securing a consultant for this undertaking. Councillor G. Lorentz asked that staff intervene if GEG has not obtained demolition permits for any structures on the site that have been removed. Mr. Bill Proctor, Principal, Sandhills Public School, attended along with a delegation to express safety concerns of area residents relating to a walkway which has been installed connecting Hidden Creek directly to Victoria Street South in an area with no school crossing guard. He indicated that since bringing this matter to the City's attention, he had received correspondence from Mr. L. Lynch who was in agreement with the concerns and suggestions that had been made to rectify the matter. He pointed out that this section of Victoria Street South did not have a sidewalk and consequently there was no direct connection to the intersection at which a school crossing guard is located. Mr. Proctor asked that a section of the walkway leading up to curb be removed and landscaping installed in its place to provide a physical break with Victoria Street. Councillor C. Weylie agreed that the walkway has created a dangerous situation and indicated that Mr. D. Mansell has assured her that a sidewalk on the south side of Victoria Street South from Westforest Trail to Eastforest Trail would be built to connect with the walkway. Mr. Proctor asked that the last two metres of the walkway be removed and a temporary barrier be installed until further action could be taken. Mr. G. Stewart agreed to take all appropriate action immediately to address the problem. Mr. George Demetriou, owner of Felicity's Night Club, attended with respect to revoking of the liquor licence for his business. He commented that he had repeatedly advised City Council the closing hours by-law would hurt his business and complained that Council had ignored his previous requests because they objected to his business. Mr. Demetriou advised that the actions of Council and the Police have destroyed his business as well as his family life and commented that he always thought Council had a duty to look after the interests of its citizens. Ms. Lorna Ferguson attended representing the Kitchener Neighbourhood for Appropriate Development group to advise of their support for Clause 7 of the Heritage Kitchener report dealing with the Heritage Permit application submitted by Drewlo Holdings respecting 530-540 Queen Street South. It was noted that the open house referred to in the Committee recommendation would be held on Thursday, July 20, 2002, at Victoria School Centre Auditorium from 7-9 p.m. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That Clause 7 of the report of Heritage Kitchener be adopted." Carried. It was suggested that the Development & Technical Services Committee report from its meeting of February 18, 2002 be dealt with at this time since it was linked to Clause 7 of the Heritage Kitchener report. COUNCIL MINUTES JUNE 17, 2002 -236- CITY OF KITCHENER 1. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development & Technical Services Committee (meeting of February 18, 2002), be adopted." On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, it was agreed to defer consideration of the report to the July 2, 2002 Council meeting when the Heritage Impact Assessment for 530, 540-560 Queen Street South was considered. Councillor J. Ziegler noted that a number of people were in attendance with respect to Clause 6 of the Finance and Corporate Services Committee report dealing with licensing of Alternative Massage Centres. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Clause 6 of the Finance and Corporate Services Committee report be adopted." Carried. A delegation from St. Mary's Hospital was present in support of Clause 12 of the Development & Technical Services Committee report from its June 10, 2002 meeting regarding a Demolition Control Application. In this regard, Councillor C. Weylie advised that the Demolition Control Application number was incorrect as carried forward from both the department staff report and the Committee minutes and advised that the last two letters of the application number should read as 'GR' and not 'SV'. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Clause 12 of the Development & Technical Services Committee report (meeting of June 10, 2002) be adopted, including an amendment to correct the Demolition Control reference number to DC 02/06/S/GR." Carried. Council then referred to a memorandum dated June 17, 2002 from L. MacDonald concerning Fire Services training within the houses scheduled for demolition in the area of St. Mary's Hospital in accordance with Clause 12 of the Development & Technical Services Department report. In response to a question raised, Fire Chief R. Browning advised that the Fire staff training exercises would not involve the setting of any fires and abutting neighbours would be notified when training events were scheduled to be conducted. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the Mayor and Clerk be authorized to execute an agreement, to the satisfaction of the City Solicitor, with St. Joseph Health Care System (St. Mary's Hospital) to secure the use of the properties municipally known as 40, 63, 64, 65,66 and 67 Spadina Road West and 880, 886, 892, 898 and 904 Queen's Boulevard for the purpose of conducting training of fire personnel." Carried. 2. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development & Technical Services Committee (meeting of June 10, 2002), be adopted." COUNCIL MINUTES JUNE 17, 2002 -237- CITY OF KITCHENER Council considered an e-mail dated June 12, 2002 from G. Melanson concerning Clause 18 of the Committee report dealing with Council Policy resolution 1-650 (Demolition of Buildings for Public Work). Mr. J. Shivas expressed concern that an optional course of action suggested in Mr. Melanson's staff report was not discussed at the Committee meeting. He explained the notification issue with respect to demolitions and asked that Section 2, as recommended in the staff report, be included as part of Clause 18. On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 18 of the Development & Technical Services Committee report to incorporate the wording of Section 2, as outlined in Corporate Services Department report CRPS-02-142, into the Council policy resolution respecting Policy 1-650. Councillor G. Lorentz referred to Clause 10 of the report dealing with the Penelope Drive connection to Ira Needles Boulevard and Mr. G. Stewart agreed to follow up with Regional Traffic staff relative to the suggestion of an additional access to Ira Needles Boulevard for an existing townhouse development. Councillor Lorentz also noted that he had requested staff to undertake maintenance improvements to Waldau Woods Park. Councillor M. Galloway referred to Clause 16 of the report dealing with Council's request to the Waterloo Catholic District School Board that it postpone any school closure decisions. He indicated that he had expressed his views at the Committee meeting but wished to note that approximately 1,200 students in the South Ward were faced with school busing as compared with 200 students in the Downtown. Councillor J. Smola pointed out that a memorandum dated June 14, 2002 had been circulated advising that the Downtown Advisory Committee, at its meeting held June 13, 2002, had endorsed the resolution of the Development & Technical Services Committee as outlined in Clause 16 of the Committee report. Councillor M. Galloway requested that his opposition to Clause 16 be recorded. The Development & Technical Services Committee report was then voted on Clause by Clause. Clause 12 — Dealt with under Delegations and Carried, as Amended. Clause 16 — Carried. Clause 18 — Carried, as Amended. Balance of report — Carried. 3. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." In regard to Clause 8 of the report, the Committee received Community Services Department report CSD -02-129 dated June 3, 2002, providing additional information with respect to the proposed agreement for the Victoria Park Food and Beverage Service Contract. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, it was agreed to substitute the revised recommendation in the staff report for the recommendation listed as Clause 8. The report was voted on Clause by Clause. Clause 8 — Carried, as Amended. Balance of report — Carried. 4. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Councillor G. Lorentz referred to Clause 2 of the report dealing with former hydro -electric properties which was deferred and referred to the meeting this date subject to an indication as to whether COUNCIL MINUTES JUNE 17, 2002 -238- CITY OF KITCHENER Habitat for Humanity or Kitchener Housing might have an interest in the properties. Councillor Lorentz noted that many of the property locations are terrible as to possible redevelopment for residential uses and as an example he referred to property situate at the intersections of Fischer - Hallman Road and McGarry Drive, and Westmount Road and Greenbrook Drive. It was his view the entire matter should be referred back to staff for detailed review. Mr. J. Fielding concurred that staff were willing to review this matter and develop some strategies for Council's consideration provided there was no urgency that these properties be dealt with. Councillor B. Vrbanovic commented that some of the former hydro -electric properties have been successfully redeveloped and Mr. J. Shivas remarked on the time and effort that has been spent respecting the three properties listed in the staff recommendation and specifically referred to the parties that have expressed an interest in acquiring each of the sites. Concern was expressed that notwithstanding the interest of any given party to acquire the subject lands, there was still the possibility the lands and building might sit vacant for some years. On motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, it was agreed that further consideration of Clause 2 of the report be deferred and referred to the August 12, 2002 Finance and Corporate Services Committee meeting and that staff prepare a report on strategies to deal with such surplus lands in future. It was also requested that staff prepare a list of similar surplus properties by ward and provide it to members of Council. Clause 7 of the report was deferred and referred to the meeting this date. Following discussion, on motion by Councillor J. Ziegler, seconded by Councillor B. Vrbanovic, it was agreed that the matter be deferred and referred to the June 24, 2002 Finance and Corporate Services Committee meeting and special Council meeting and that the appellants be notified of the deferral. The report was then voted on Clause by Clause. Clause 2 — Action deferred and referred to the August 12, 2002 Finance and Corporate Services Committee. Clause 6 — Dealt with under Delegations and Carried. Clause 7 — Action deferred and referred to the June 24, 2002 Finance and Corporate Services Committee meeting and special Council meeting. Balance of report - Carried. 5. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause. Clause 7 — Dealt with under Delegations and Carried. Balance of report — Carried. Councillor J. Ziegler advised that some time ago Kitchener Council had passed a resolution directed to the Region of Waterloo in regard to area rating for transit services and questioning what the City of Kitchener costs were. He asked that this request be followed up with the Region for a response. Councillor C. Weylie referred to the responses provided by emergency services regarding the recent explosion at an apartment building on Mooregate Crescent and Mayor C. Zehr advised that letters of appreciation had been forwarded to the respective emergency service organizations. Mayor C. Zehr commented on Regional issues including: a resolution he had introduced regarding removal of affordable housing costs from the municipal tax base; and, clarification with respect to the ongoing consideration of the pesticide issue. Councillor B. Vrbanovic noted that the pesticide working COUNCIL MINUTES JUNE 17, 2002 -239- CITY OF KITCHENER group was approved approximately four months ago and summarized their activity noting that the subject was now back in the hands of the working group. Members of Council requested that they be added to the mailing list so as to receive a copy of the Regional Council information circular which Mayor C. Zehr had referred to. Councillor M. Galloway raised concern over parks/community trail dedication/development policies suggesting they were inadequate and asked that park development strategies for the future be considered. In response to Mayor C. Zehr, Mr. F. Pizzuto indicated a report on park dedication policies had been done recently. Following further discussion, it was left with Messrs. F. Pizzuto and G. Stewart to review rules and regulations with respect to the dedications and Councillor M. Galloway was requested to outline the specifics of what he had in mind with respect to his request, all of which could then be the subject of discussion at Council's July 2, 2002 meeting. Council agreed to a request from Mr. G. Sosnoski, City Clerk, to add five by-laws to the agenda. The first by-law dealing with closure and sale of part of Old Mill Road was for first and second reading only and the four remaining by-laws were for three readings dealing with: Clause 6 of the Finance and Corporate Services Committee report, Clauses 8 & 9 of the Development & Technical Services Committee report and the opening of part of Old Mill Road. 6. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "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 — Part of Block 62, Registered Plan 58M-90 — Candle Crescent. (b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (c) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (d) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (e) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (f) To further amend By-law No. 88-172 being a by-law to authorize certain on -street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (g) 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. (h) To confirm all actions and proceedings of the Council. (i) Being a by-law to close and sell part of the public highway known as Old Mill Road in the City of Kitchener. Q) Being a by-law to license Alternative Massage Centres. (k) Being a by-law to provide for the establishing and laying out of part of Old Mill Road as a public highway in the City of Kitchener. (1) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Firth Investments Inc. — Kraft Avenue. (m) Being a by-law to adopt Amendment No. 43 to the Municipal Plan - City of Kitchener — City Initiated (A. Bogad) — 78 Francis St N. COUNCIL MINUTES JUNE 17, 2002 -240- CITY OF KITCHENER 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair 6. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. 7. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz '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 — Part of Block 62, Registered Plan 58M-90 — Candle Crescent. (By-law No. 2002-113) (b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2002-114) (c) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2002-115) (d) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2002-116) (e) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2002-117) (f) To further amend By-law No. 88-172 being a by-law to authorize certain on -street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2002-118) (g) 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. (h) To confirm all actions and proceedings of the Council. (By-law No. 2002-119) (By-law No. 2002-120) COUNCIL MINUTES JUNE 17, 2002 -241- CITY OF KITCHENER (i) Being a by-law to license Alternative Massage Centres. (By-law No. 2002-121) Q) Being a by-law to provide for the establishing and laying out of part of Old Mill Road as a public highway in the City of Kitchener. (By-law No. 2002-122) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener — Firth Investments Inc. — Kraft Avenue. (By-law No. 2002-123) (1) Being a by-law to adopt Amendment No. 43 to the Municipal Plan - City of Kitchener — City Initiated (A. Bogad) — 78 Francis St N. (By-law No. 2002-124) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:40 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 17, 2002 -242- CITY OF KITCHENER N4061:Akkire1116]i94ej WK9011101INI, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE -(Meeting of February 18, 2002) 1. That consideration of Demolition Control Application DC 01/09/Q/DR (Drewlo Holdings Ltd.), for which the owner is requesting approval for the demolition of a single detached dwelling at 560 Queen Street South be deferred and referred to the July 2, 2002 Council meeting, considered. (Dealt with under Delegations and Carried, as Amended) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of June 10, 2002) 1. That the following intersections be designated as intersections with Traffic Control Signals under the City of Kitchener Uniform Traffic By -Law 2000-159, Schedule '8', Part VII - Traffic Control Signals: Belmont Ave. & Gage Ave. Belmont Ave. & Glasgow St. Belmont Ave. & Queen St. Belmont Ave. & Union St. Blockline Rd. & Kingswood Dr. Blockline Rd. & Strasburg Rd. Cameron St. & East Ave. Driftwood Dr. & Westheights Dr. Duke St. & Ontario St. Duke St. & Queen St. Duke St. & Scott St. Duke St. & Water St. Duke St. & Young St. East Ave. & Krug St. Franklin St. & Franklin Public School Franklin St. & King St. Franklin St. & Kingsway Dr. Frederick St. & River Rd. Gaukel St. & King St. Glasgow St. & Westmount Public School Guelph St. & Margaret Ave. Highland Rd. & Spadina Rd. Highland Rd. & Stirling Ave. Homer Watson Blvd. & Hoffman St. Homer Watson Blvd. & Stirling Ave. Huron Rd. & Battler Rd. Huron Rd. & Trillium Dr. Joseph St. & Water St. Joseph St. & Queen St. Kingsway Dr. & Wilson Ave. King St. & Borden Ave. King St. & Cedar St. King St. & Ontario St. King St. & Pine St. King St. & Queen St. King St. & Stirling St. King St. & Water St. Margaret Ave. & Wellington St. Mill St. & Stirling Ave. Moore Ave. & Wellington St. Park St. & Dominion St. Park St. & Glasgow St. Park St. & Union St. Queen St. & Elmridge/Fire Station River Rd. & Holborn Dr. River Rd. & Kinzie Ave. River Rd. & Krug St. River Rd. & Lorraine Ave. River Rd. & Old Chicopee Dr. Strange St. & St. Johns School Traynor Ave. & Wilson Ave. And further, that the Uniform Traffic By -Law be amended accordingly. 2. That the Regional Municipality of Waterloo 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 water service and roadway improvements on University Avenue between Fischer -Hallman Road and Resurrection Drive during the period from approximately July 2, 2002 to mid September, 2002. 3. That a School Bus Loading Zone for four full size busses be established on the west side of Gatewood Road from a point 120 metres north of Westmount Road to a point 52 metres north thereof; and further, That the Uniform Traffic Bylaw be amended accordingly. 4. That the school bus loading zone on the west side of Stirling Avenue that is from a point 197 m south of Charles Street to a point 261 m south thereof be extended 26 metres southward to accommodate two additional school busses; and further, That the Uniform Traffic Bylaw be amended accordingly. COUNCIL MINUTES JUNE 17, 2002 -243- CITY OF KITCHENER N4061:Akkire1116]i94ej W&K611101INI, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 5. That an all -way stop control be installed at the intersection of Patricia Avenue & Spadina Road; and further, That the Uniform Traffic By-law be amended accordingly. 6. That the Corporation of the City of Kitchener 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 stage 1 of the Wabanaki Drive extension from Goodrich Drive to Fairway Road from 7:00 p.m. Friday to 7:00 a.m. Monday for a one weekend period in June or July 2002. 7. WHEREAS climate change causes drought, permafrost melting, sea -level rise and floods that damage municipal infrastructure, displace citizens and create a financial burden for municipal governments; and, WHEREAS economic activity in rural and northern communities relying on fisheries, tourism, forestry and agriculture is disrupted by climate change; and, WHEREAS investments in building retrofits, community energy systems, water conservation, renewable energy technologies, waste reduction, landfill gas capture, fleet management and public transit reduce municipal operating costs, help maintain community services and protect public health while cutting greenhouse gas emissions contributing to climate change; and, WHEREAS forestry and agriculture sectors can expand business opportunities by increasing the capacity of trees and soils to absorb carbon dioxide by developing renewable fuels like ethanol; and, WHEREAS fossil fuel producers are increasing investments in renewable energy and alternative fossil fuel technologies that reduce the amount of carbon dioxide going into the air; and, WHEREAS 78% of Canadians (according to poll results from Decima Research Inc., March 2002) want the Kyoto Protocol ratified; BE IT RESOLVED THAT the City of Kitchener endorses ratification of the Kyoto Protocol; and, BE IT FURTHER RESOLVED THAT this resolution be communicated to our Members of Parliament, Provincial Environment and Energy Minister, Federal and Provincial Opposition Leaders, community media and the Federation of Canadian Municipalities. 8. That Municipal Plan Amendment Application MP 02/06/TC/DR (78 Francis Street - City Initiated -A. Bogad), be approved, being an amendment to: a) Renumber Special Policy Area 34 to Special Policy Area 35 in Part 3, Section 12. b) Amend Map 8 to renumber Special Policy Area 34 to Special Policy Area 35 as shown on Schedule A attached. It is the opinion of this Committee that approval of this application is proper planning for the City. 9. That Zone Change Application ZC 02/08/K/KG (170 Kraft Avenue - Firth Investments Inc) requesting a change in zoning from Residential Four Zone (R-4) to Residential Four Zone (R- 4) with Special Use Provision 315U, on lands legally described as Plan 1074 Lot 31, Part of Lots 30, 32 and 33, Registered Plan 58R-10963 Parts 3, 4, 5, municipally known as 170 Kraft Avenue be approved, in the form shown in the "Proposed By-law", dated May 3, 2002, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. COUNCIL MINUTES JUNE 17, 2002 -244- CITY OF KITCHENER N4061:Akkire1116]i941J W&K611101INI, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. That Penelope Drive connect to Ira Needles Boulevard as originally planned; and, That staff prepare a report on the feasibility of installing an all way stop at the intersection of Cora Drive at Penelope Drive; and, That staff monitor traffic volumes and speeds on Penelope Drive after the completion of Ira Needles Boulevard, as well as consider parking restrictions on Penelope Drive adjacent to Waldau Woods Park after completion of Ira Needles Boulevard; and further, That the Region of Waterloo be requested to consider creating an additional access connection to Ira Needles Boulevard that would serve the 80 -unit townhouse development addressed as 76 Penelope Drive. 11. That the Fire Chief be directed to meet with Bell Canada representative(s) and with Gerry Thompson, C.A.O. of the Regional Municipality of Waterloo, to investigate solutions and/or alternatives relative to medic -line monitoring feature; and further, That the Fire Chief report findings back to the Development & Technical Services Committee. 12. A. That Demolition Control Application DC 02/06/S/GR - St. Joseph Health Care System (St. Mary's Hospital) requesting to demolish the residential dwellings at 40, 63, 64, 65, 66, and 67 Spadina Road West and at 880, 886, 892, 898 and 904 Queen's Boulevard, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. B. That St. Mary's General Hospital be encouraged to use Transit Demand Management Strategies to effectively manage the anticipated future demand for parking. (Dealt with under Delegations and Carried, as Amended) 13. That staff prepare a report to implement a Parking Permit Policy (suggested as 2 permits per residence) for residents living in the vicinity of the City's three (3) hospitals. 14. That Development and Technical Services Department report DTS-02-141-BPS and the location map attached to the report responding to concerns expressed in a letter dated May 23, 2002 from Jordon and Brian Hofstetter be utilized as the basis to facilitate discussion regarding fair and consistent decisions for future planning applications on Hofstetter Avenue and Hidden Valley Road. 15. That Development and Technical Services Department reports DTS-02-103-BPS and DTS-02- 136-BPS be endorsed as the City of Kitchener's comment to the Grand River Conservation Authority (GRCA) respecting its Draft Wetlands Policy dated 2002 March 19; and further, That staff continue to participate in discussions in respect of this policy with the GRCA. 16. WHEREAS the Waterloo Catholic District School Board Accommodation Review Committee has recommended the closure of St. Joseph School, the last Catholic school in the Downtown and St. Francis School; and, WHEREAS the City of Kitchener continues to invest significant funds to rejuvenate the Downtown; and, WHEREAS the closure of St. Joseph School would be counterproductive to the efforts of the City of Kitchener; and, WHEREAS there are signs that indicate a strong and renewed interest by citizens to live in and around the Downtown; and, COUNCIL MINUTES JUNE 17, 2002 -246- CITY OF KITCHENER N4061:Ak-Ire1116]i941J W&K611101INI, DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 16. (Cont'd) WHEREAS the suburban areas of the City are equally concerned with the detrimental effect on community wellbeing caused by school closures; and, WHEREAS schools are vitally important to the health of communities whether in the Downtown or in the suburbs; THEREFORE BE IT RESOLVED that the City of Kitchener expresses its strong concern that St. Joseph and St. Francis Schools are being recommended for closure; and, BE IT FURTHER RESOLVED that the Waterloo Catholic District School Board be urged to consider postponement of any closure decision pending the Board's analysis of the results of a review of school funding formulas being undertaken by the Province of Ontario. 17. That support for Kitchener Council's March 18, 2002 resolution respecting the Terms of Reference of the Municipal Pesticides Working Group, as well as having City staff participate in the Working Group, be re -affirmed. 18. That the 'Amended' Council Policy Resolution 1-650 (Demolition of Buildings for a Public Work) attached to Corporate Services Department report CRPS-02-142, be approved, including the addition of a further section 2 to read as: '2. Notice of impending demolition shall be given in writing to all property owners within 60 metres of property under Section 1(b) above and, if an objection is received, issuance of a demolition permit shall be determined by Council.' (As Amended) 19. That planning staff prepare a report respecting 'Notification Policy' for new group homes for consideration at the June 24, 2002 Development and Technical Services Committee meeting. 20. That planning staff prepare a report respecting 'Notification Policy' for site plan development of institutional properties for consideration at a future Development and Technical Services Committee meeting. 13ie]LVA LVA DJ 01111 W&A 4 NT/ IN *Kfie]LVA LVA l I i 94 M 1. That Ecole Cardinal - Leger be awarded a one time community playground grant of $750. in 2002 toward construction of a new creative playground located within the school campus. 2. That Lackner Woods Public School be awarded a one time community playground grant totaling $1,500. in 2002 toward construction of new Primary and Junior creative playgrounds located within the school campus. 3. That subject to the satisfaction of the City Solicitor, the Special Events Facilitator be authorized to sign future agreements with the Regional Municipality of Waterloo regarding ambulance and overall medical supervision through Emergency Medical Services for the City of Kitchener Special Events Unit; and further, That subject to the satisfaction of the City Solicitor, the General Manager of Community Services be authorized to retroactively sign an agreement with the Waterloo Region Community Health Department, as attached to Community Services Department report CSD - 02 -114, with respect to the "Symphony Fire In The Sky" event held May 19, 2002 in Victoria Park. 4. That subject to the satisfaction of the City Solicitor, the Special Events Facilitator be authorized to sign the contract for Artists Services with Prologue to the Performing Arts, as generally set COUNCIL MINUTES JUNE 17, 2002 -246- CITY OF KITCHENER N4061:Akkire1116]i941J W&K611101INI, COMMUNITY SERVICES COMMITTEE — (CONT'D) 4. (Cont'd) out in the attachment to Community Services Department report CSD -02-113, and as required from time to time; and further, That an amendment be approved to the pre -approved Service Provider Contract regarding Air Bounce Amusements to add the phrase "save and except damage arising solely from the City's negligence" to the end of clause 3 following the phrase "The City shall not be liable for any injury or damage to the Service Provider, his/her agents, servants, sub -contractors, customers, invitees or licensees, or resulting from any cause whatsoever". 5. That the Director of Enterprise or the Manager of the Kitchener Memorial Auditorium Complex/Community Arenas be authorized to sign the "Suite Holder License Agreement", as generally set out in Community Services Department report CSD -02-120, as a pre -approved agreement to be used for all suite licenses that are located at Kitchener Memorial Auditorium Complex. 6. That Community Services and Programs explore a working partnership with the Opioid Dependent Youth Supported Education and Employment Project (ODYSEE), subject to confirmation of Project funding, by working within our organization to consider the following tangible items: in-kind provision of recreational resources such as waiving fees for City of Kitchener recreation and leisure activities and facilities for ODYSEE participants; in-kind provision of advertising and printing pertaining to the project; access to volunteer opportunities through the City of Kitchener's Volunteer Program; connection to the Kitchener Youth Action Council (KYAC); exploring access to specialized outdoor adventure programs; liaison with other groups and provision of space to hold additional workshops; and further, That should the Project obtain funding, staff prepare a report on their findings for consideration at a future Safe & Healthy Community Advisory Committee meeting. 7. That the Regional Municipality of Waterloo be advised that Kitchener Council supports, in principle, the development of a detailed Road Salt Management Plan as described in Community Services Department report CSD -02-119; and further, That staff report back with the final report recommendations and associated implementation costs at a future meeting of the Community Services Committee. 8. That a 5 year agreement be entered into with Dave Pigeau, as generally set out in Community Services Department report CSD -02-124, to operate the Victoria Park boathouse food and beverage concession, with an option to operate for an additional 5 years; and, That as part of the agreement, Dave Pigeau be given the first right of refusal to operate a portable ice cream stand in the playground area of Victoria Park; and, That an up -set limit of $10,000. be committed from Capital Contingency to make improvements to the base building concession in order to bring it up to health and safety codes; and, That the operator shall be responsible for the cost of all food preparation equipment, all on- going maintenance and related utility costs to operate the facility; and further, That the agreement be subject to the satisfaction of the City Solicitor. (As Amended) COUNCIL MINUTES JUNE 17, 2002 -247- CITY OF KITCHENER N4061:Akkire1116]i941J W&K611101INI, COMMUNITY SERVICES COMMITTEE — (CONT'D) 9. That the Community Services Department proceed with the construction of the Walter Bean Grand River Trail in the proposed location to the rear of the residential lots on Brandy Crescent, as outlined in Community Services Department report CSD -02-112. 10. That a one time contribution in the amount of $1,000. be approved for the Huron Park Community Gardeners for the start-up of the Huron Park Community Garden, pursuant to Council Policy 1-272, which includes: a) services in kind: transport compost, wood chips $547.50 b) cash grant $452.50; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute any and all necessary agreements with the Huron Park Community Gardeners to allow the Huron Park Community Garden to be located on public lands known as Huron Park. 11. That capital funds be allocated from the 2002 Community Programs & Services Capital Budget to purchase and install automatic door openers on the sets of doors located at Centreville Chicopee Community Centre (main entrance doors). I a 101 /9 01 IN 4re1011 lZKe7 :7167 :7A I 4&1l 4 NT/ Is] *3fie] LVA hVA I I a 9 4 ME 1. That the City of Kitchener donate the fully equipped 1988 Mack Thidault fire truck to the University of Waterloo (UW) for use at the Waterloo Regional Emergency Training and Research Complex (WRESTRC). 2. That further consideration of Corporate Services Department report CRPS-02-131, recommending three former Hydro -Electric Commission of Kitchener -Wilmot properties be declared surplus to the City's needs, as listed below; be deferred and referred to the August 12, 2002 Finance and Corporate Services Committee meeting, and staff be instructed to develop strategies for future use of these former properties and buildings that would ensure the buildings do not sit vacant after being sold: 'That the following former Hydro -Electric Commission of Kitchener -Wilmot properties be declared surplus to the City's needs: a) Substation #3 located at 406 Courtland Avenue East, described as Part Lot 18, Plan 404; b) Substation #17 located at 520 Franklin Street North, consisting of about 6,924 square feel and legally described as Lot 1, Plan 1152, save and except Part 5 on Reference Plan 58R-3942, and subject to a combined easement in favour of The Bell Telephone Company of Canada and The Public Utilities Commission of the City of Kitchener; c) Vacant land on Patrick Street, described as Lots 29, 30 and 31, Plan 244; That Legal Services be directed to secure reasonable offers to purchase for presentation to Council.' (Action deferred and referred to the August 12, 2002 Finance and Corporate Services Committee meeting) 3. That vacant land located behind the new Fire Hall #3, 1035 Ottawa Street North, described as Part Lot 12, Registered Plan 1278, save and except Part 4, Reference Plan 58R-8570, being irregular in shape, having approximately 120 feet of frontage on Holborn Court, backing onto River Road, having a depth of approximately of 375 feet, and consisting of approximately 70, 000 square feet, be declared surplus to the City's needs; and further, That Legal Services secure a reasonable offer to purchase, for presentation to Council. COUNCIL MINUTES JUNE 17, 2002 -248- CITY OF KITCHENER N4061:Akkire1116]i941J W&K611101INI, FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 4. That the request of the Grand River Rotary Club to operate a refreshment stand at Southwest Optimist Ball Fields on September 14, 2002 be approved, provided the necessary licence including Health and Fire approvals is obtained; and further, That the Great 48 Baseball Fundraiser, a fund raiser for the Rotary Children's Centre and other special needs projects in the community, be declared an event of Municipal Significance. 5. That the request of Civitan Sports — Waterloo Region to operate a refreshment stand during the 5th Annual Civitan Fast Pitch Jamboree at Peter Hallman Ballyard on June 27-30, 2002, be approved, provided the necessary licence including Health and Fire approvals is obtained; and further, That the reduced licence fee of $10.00 be applied. 6. That a by-law be considered at the June 17, 2002 Council meeting to license Alternative Massage Centres, substantially in the form of the draft by-law dated May 17, 2002, attached to Corporate Services Department report CRPS-02-128. (Dealt with under Delegations and Carried.) 7. That the consideration of the appeal of the Anna and Irena Marszalek of the City's refusal to issue them a licence to operate a hot dog cart at 50 Victoria Street North be deferred and referred to the June 24, 2002 Finance and Corporate Services Committee and to the special Council meeting of June 24, 2002, and that the appellants be advised of the deferral. (As Amended) 8. That the request of Dandy's Restaurant, 85 King Street West, to expand the patio in front of their premises as shown on the sketch attached to their June 1, 2002 letter, to an area 18 feet by 20 feet, accommodating 6 tables, on July 5, 2002, as part of Cruise Night sponsored by the Kitchener Downtown Business Association, be approved. 9. That the request of 'Frankie's', 273 King Street West, to operate a sidewalk patio in front of their premises, to extend 7' more or less over the City's sidewalk, be denied. 10. That the request of 'First Choice Rent to Own' to operate a charitable barbeque at 97 King Street West for one day during the period June 20-22, 2002, be approved provided the necessary licence including Health and Fire approvals is obtained; and further, That the reduced licence fee of $10.00 be applied. 11. That the appeal of Margaret Furey of the City's refusal to issue a licence permitting her to operate a hot dog cart at either 135 or 176 Hayward Avenue, be denied. 12. That staff report at a future Finance and Corporate Services Committee meeting on the feasibility of requiring owners of commercial plazas to install and maintain garbage receptacles on their plaza properties, for use by the general public, through both of the following methods: a) site plan approval process; b) by by-law. 13. a) That the Director of Enforcement be designated as the contact person for the City's By- law Enforcement staff and Fire Prevention/Inspection staff (collectively referred to as 'City Enforcement Staff') for all matters where staff from the two areas have a joint interest, relating to inquiries from and coordination with outside enforcement agencies in the Region (for example the Waterloo Regional Police Services) to facilitate communication, cooperation and coordination on enforcement issues; and, COUNCIL MINUTES JUNE 17, 2002 -249- CITY OF KITCHENER N4061:Akkire1116]i941J W&K611101INI, FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 13. (Cont'd) b) That revised Council Policy Resolution 1-654, 'Enforcement — By-laws', as attached to Corporate Services Department report CRPS-02-130, be approved; and, c) That the 'Operational Protocol — City of Kitchener Enforcement Staff' as attached to Corporate Services Department report CRPS-02-130, be approved; and, d) That staff prepare a 'Rights of Entry Fact Sheet' and contact list of City Enforcement staff to be made available to all City of Kitchener Enforcement staff, Members of Council, and other outside agencies (in particular the Waterloo Regional Police Services) to assist all parties in their understanding general rights of entry of the City and the Waterloo Regional Police Services; and, e) That Enforcement staff be trained in issues of child protection and reporting processes; and, f) That a new Council Policy Resolution regarding 'Enforcement — Lodging Houses' as attached to Corporate Services Department report CRPS-02-130, be approved; and, g) That By-law Enforcement and Licensing staff continue to work toward the identification of non -licensed lodging houses to ensure all operating lodging houses are licensed, and to take appropriate enforcement action when necessary; and, h) That By-law Enforcement, Licensing and Planning staff prepare the necessary lodging house licensing information material to guide landlords in understanding the licensing process and understanding the City's expectations on operating a lodging house in the City of Kitchener; and further, i) That staff report at a future Finance and Corporate Services Committee meeting on the feasibility of notifying neighbouring property owners of lodging house licence applications received by the City for lodging houses in their area. 14. That an over expenditure of $83,000. be approved in 2002, from Index 410050-1534, for the purchase of protective equipment for City firefighters. 15. That consideration of Corporate Services Department report CRPS-02-133 (Municipal Code Chapter 842 — Hedges — Other Objects — Traffic Hazards) be deferred and referred to a future Finance and Corporate Services Committee meeting. 16. That staff report on the City's, Region's and Province's current policies with respect to public access to information on the location of decommissioned wells within their respective jurisdictions; and further, That staff report on the practicality of establishing a list of abandoned and decommissioned wells for 'Routine Disclosure' under the Municipal Freedom of Information and Protection of Privacy Act. HERITAGE KITCHENER — 1. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owner (HPA # 2002- V-18) to alter the designated property municipally known as 16 Seneca Drive, located in the St. Mary's Heritage Conservation District, by constructing a detached garage in the rear yard, as shown on the drawings submitted with the application, be approved. 2. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owners (HPA # 20024- 17) to alter the designated property municipally known as 15 Richmond Avenue, located in COUNCIL MINUTES JUNE 17, 2002 -260- CITY OF KITCHENER N4061:Ak-Ire1116]i941J W&K611101INI, HERITAGE KITCHENER — (CONT'D) 2. (Cont'd) the Victoria Park Area Heritage Conservation District, by demolishing the rear shed and constructing a rear deck, as shown on the drawings submitted with the application, be approved. 3. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owners (HPA # 2002-V-16) to alter the designated property municipally known as 41 Michael Street, located in the Victoria Park Area Heritage Conservation District, by constructing a new front porch as shown on the drawings submitted with the application, be approved. 4. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owner (HPA # 2002- V-19) to alter the designated property municipally known as 379 Queen Street South, located in the Victoria Park Area Heritage Conservation District, by constructing an addition which will join the main building to the coach house at the rear of the property, as shown on revised drawings A2.1 and A3.1 prepared by Robert J. Dyck, Architect & Engineer, be approved subject to the following condition: That the owner shall obtain the approval of a sub -committee consisting of the City's Heritage Planner and Mr. B. Scott for the colour of brick to be used in the addition. 5. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owner (HPA # 2002- V-20) to alter the designated property municipally known as 6 Buerkle Court, located in the Upper Doon Heritage Conservation District, by constructing a new single family dwelling and garage as shown on the plans submitted with the application, be approved. 6. That pursuant to Section 33 of the Ontario Heritage Act, the application of the owner (HPA # 2002 - IV -21) to alter the designated property municipally known as 25 Joseph Street (former Victoria Public School) by installing a network fibre connection into the Victoria School Community Centre, as shown on the drawings submitted with the application, be approved. 7. That consideration of Heritage Permit Application # 2002-V-03, submitted by Drewlo Holdings Limited for the property municipally known as 530-540 Queen Street South be deferred and referred to a special Heritage Kitchener meeting to be held on June 26, 2002; and further, That City Council defer its consideration of Heritage Permit Application # 2002-V-03 to its meeting to be held on July 2, 2002. (Dealt with under Delegations and Carried.) 8. That a public information meeting be held with the residents of the Victoria Park Area Heritage Conservation District to allow them to examine newly revised building designs proposed by Drewlo Holdings Limited for the property at 530-540 & 560 Queen Street South, prior to consideration by Heritage Kitchener on June 26, 2002; and, That notice of this public information meeting be circulated to all households in the Victoria Park Area Heritage Conservation District and posted on the City's web site; and further, That any report prepared by Drewlo Holdings Limited or its consultants in this regard, be made available to the area residents the day before the public meeting. COUNCIL MINUTES JUNE 17, 2002 -261- 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." I__ eM Q LVA I10111.11:IAILTJ =111N4061:ik1_0 1. Licences i) Adult Entertainment Parlour Attendant Licenses Council was in receipt this date of Corporate Services Department report CRPS- 02-154 (J. Koppeser), dated June 17, 2002, with respect to an additional Adult Entertainment Parlour Attendant Licence for 2002. It was resolved: "That Idalina Gomes Costa, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Sarah Chrysler, employed at 1412 Victoria Street North (Mystique), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Genevieve Giles, Jessica Woltz and Rebecca Riek, employed at 7-280 Victoria Street North (Cleopatra), Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences." ii) Adult Goods and Video It was resolved: "That the application of 913719 Ontario Ltd. for an Adult Goods and Video Licence to operate at 280 Victoria Street North, Kitchener, be approved." iii) Ice Cream Driver It was resolved: "That the application of Mr. Ben Brown for an Ice Cream Driver Licence, be denied. " 2. Standard Crossing Agreement — Goderich-Exeter Railway Company Limited It was resolved: "That the Mayor and Clerk be authorized to sign a Standard Crossing Agreement (including the Standard Unfunded New Crossing Warning System Agreement) with Goderich-Exeter Railway Company Limited for the Lackner Blvd/Shirley Avenue crossing, subject to the satisfaction of the City Solicitor." COUNCIL MINUTES JUNE 17, 2002 -262- CITY OF KITCHENER Ke]LVA hriIIa94*o] a I:1NKTA:[*]I= B. ADMINISTRATIVE REPORTS — (CONT'D) 3. Engineering Agreement — Monarch Construction Limited (boon Mills 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 KMK Consultants Limited, regarding Doon Mills Subdivision, Stages 3 to 9 (inclusive), Plan 30T-95018." 4. Dog Designation Appeal Committee Decisions It was resolved: "That the May 21, 2002 decision of the Dog Designation Appeal Committee regarding an appeal filed by Shannon Lonergan and Amber Tallman, wherein the Committee rescinded the Prohibited Dog designation, be ratified and confirmed." - and - "That the May 21, 2002 decision of the Dog Designation Appeal Committee regarding an appeal filed by Crystal Thompson, wherein the Committee affirmed the Prohibited Dog designation, be ratified and confirmed." 5. Crossing Agreement — Canadian Pacific Railway Company — Wabanaki Drive It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with Canadian Pacific Railway Company, permitting the City of Kitchener to construct and maintain an underground storm sewer at mile 9.55, Waterloo Subdivision." 6. Seasonal Rental — Doon Valley Golf Course Property It was resolved: "That the City of Kitchener accept the offer of Mark Hermann for the fee of $1,625. + GST for the seasonal rental of golf course lands identified as Parts 1 & 2, Plan 67R- 1686 in the City of Cambridge for the purpose of growing a crop of soybeans." 7. Tenders Dealt with under Delegations. 8. Committee of Adjustment Decisions — Various Council was in receipt of minutes and other background information from J. Billett, Secretary -Treasurer, Committee of Adjustment, regarding the meeting held May 28, 2002. It is noted that the recommendations in regard to Submission Nos. FN 2002-003 and FN 2002-005 were dealt with under delegations. It was resolved: 'That the application of Theodore Klaassen and Gordana McKinnon (Committee of Adjustment Submission No. FN 2002-004) requesting permission to legalize an existing wooden fence 0 m from the lot line adjacent to Bettley Crescent, from the rear lot line and continuing along the sideyard a distance of 4.87 m (16 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 95, Registered Plan 1307, 75 Bettley Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: COUNCIL MINUTES JUNE 17, 2002 -263- CITY OF KITCHENER Ke]LVA hriIIa94�o]aI:1NKTA:[*]I= B. ADMINISTRATIVE REPORTS — (CONT'D) 8. Committee of Adjustment Decisions — Various — (Cont'd) 1. That the owner shall provide a minimum 4.5 m (15 ft.) daylight visibility corner adjacent to the existing driveway and shall maintain the 4.5 m (15 ft.) daylight visibility corner with any future expansion of the driveway." W-1iL.E "That the application of Jojan Service Corporation (Committee of Adjustment Submission No. SG 2002-007) requesting permission to install an exterior fascia sign having a ground clearance of 3.04 m (10 ft.), within 0.6 m (1.96 ft.) of an area intended for vehicular traffic, rather than the required 4.3 m (14 ft.), on Part Lot B and Part Lot 160, Registered Plan 374, 150 Duke Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall be generally in accordance with the drawings submitted with Sign Variance Application, SG 2002-007." 9. Sale of Tickets — Rotary Club of Kitchener -Conestoga Council was in receipt of Corporate Services Department report CRPS-02-132 (J. Koppeser), dated May 29, 2002, indicating no objection to the issuance of a Provincial Lottery Licence. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to The Rotary Club of Kitchener -Conestoga, Suite 110, 53 Frederick St., Kitchener, Ontario, N2H 2M2, to conduct a "Dream Home Lottery" on December 1, 2002 at 150 Doon Valley Drive, in the City of Kitchener, which will also include a series of "Early Bird" draws." 10. One Day Sale — Anishnabeg Outreach Council was in receipt of Corporate Services Department report CRPS-02-152 (J. Koppeser), dated June 11, 2002, indicating no objection to a request to hold a one day sale. It was resolved: "That the City of Kitchener has no objection to Anishnabeg Outreach, 29 King St. E., Kitchener ON, being granted permission to hold an Aboriginal Solidarity Day at Victoria Park in the City of Kitchener on June 21, 2002 provided the necessary licence is obtained, including Health and Fire approvals; and further, That the $10.00 nominal fee be applicable." 11. Appointment — Project Team Representation - Trussler Road Reconstruction Council was in receipt of correspondence from G. MacDonald, Head, Transportation Engineering, Region of Waterloo dated May 24, 2002, requesting appointment of Council and staff representatives to the Functional Study and Reconstruction of 7 km. of Trussler Road Project Team. It was resolved: "That Councillor Michael Galloway and Mr. Hans Gross represent Kitchener City Council and City staff respectively on the Functional Study and Reconstruction of 7 km. of Trussler Road Project Team." COUNCIL MINUTES JUNE 17, 2002 -264- CITY OF KITCHENER Ke]LVA hriIIa94*o] a I:1NKTA:[*]I= B. ADMINISTRATIVE REPORTS — (CONT'D) 12. Engineering Agreement — Krizsanderson Developments Limited (former Kirkpatrick Lands Subdivision) Council was in receipt this date of correspondence from D. Mansell dated June 14, 2002 recommending execution of an engineering agreement. 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 former Kirkpatrick Lands Subdivision, Plan 30T-99202." 13. Compliance with Restrictions — 85 McIntyre Drive Council was in receipt of Corporate Services Department report CRPS-02-157 (J. Shivas) dated June 17, 2002. It was resolved: "That on June 17, 2002 the property described as Part 11 on Reference Plan 58R-5668 and municipally known as 85 McIntyre Drive, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 995506." 14. Consent to Mortgage — 888 Trillium Drive Council was in receipt of Corporate Services Department report CRPS-02-156 (J. Shivas) dated June 17, 2002. It was resolved: "That subject to grading approval, the City consent to a mortgage from St. Jude's Student Services Inc. to 1329316 Ontario Inc. of the property described as Part 5 on Reference Plan 58R-7426, save and except Part 1 on Plan 58R-12300, municipally known as 888 Trillium Drive, Kitchener." 15. Quit Claim Deed — 112 McKenzie Avenue Council was in receipt of Corporate Services Department report CRPS-02-155 (J Shivas) dated June 17, 2002, recommending execution of a Quit Claim Deed. It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed to release any interest in the property municipally known as 112 McKenzie Avenue, Kitchener, claimed by the Notice of Claim registered as Instrument No. 1445140 respecting an easement registered as Instrument No. B-29416." 16. Licence — Used Car Dealer It was resolved: "That the application of Max Guerrero for a Used Car Dealer Licence to operate at 2- 1412 Victoria Street North, Kitchener, be approved." 17. Sale of Surplus Lands — 11 Mitchell Street Council was in receipt this date of Corporate Services Department report CRPS-02-150 (G. Andersen), dated June 7, 2002, recommending acceptance of an offer to purchase from V. Pereira. COUNCIL MINUTES JUNE 17, 2002 -266- CITY OF KITCHENER Ke]LVA hriIIa94*o] a I:1NKTA:[*]I= B. ADMINISTRATIVE REPORTS — (CONT'D) 17. Sale of Surplus Lands — 11 Mitchell Street — (Cont'd) It was resolved: "That the City accept the offer from Victor Pereira to purchase surplus property legally described as Part Lot 8, Registered Plan 113 and designated as Part 1, Plan 58R-1348, located at 11 Mitchell Street, Kitchener, for the sum of $75,000.; and further, That the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor."