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HomeMy WebLinkAboutCouncil - 2005-05-30 COUNCIL MINUTES MA Y 30, 2005 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "0 Canada" by Kamila Wysocki, King School of Vocal. Municipal Code, earlier this date in COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL was in attendance with respect to the tenders listed on the Moved by Councillor G. Lorentz Seconded by Councillor J. Smola Consultant Services, Guelph Street (Moore Avenue to awarded to Conestoga-Rovers & including a contingency of negotiated and an upset fee - and - Avenue Bridge Structural Modifications and Services (1983) Limited, Bolton, Ontario including provisional and contingency items of Carried. Council Program (C.O.P.S.) Events Group - Unity Jam · Kitchener Youth Action Fusion COUNCIL MINUTES - 147 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That 3 of the Development & Technical Services Committee report of this date be Carried. MA Y 30, 2005 Mayor C. COUNCIL MINUTES -148- CITY OF KITCHENER GIS staff and acknowledged that Mr. Hausser will be taking on a new COUNCIL MINUTES MA Y 30, 2005 -149 - CITY OF KITCHENER Crossley thanked all those involved in the Project and urged Council's support of the recommendation to allow the Project to move forward. On and COUNCIL MINUTES -150 - CITY OF KITCHENER A recorded vote was requested. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway In Favour: Contra: Councillor J. Gazzola Motion Carried. COUNCIL MINUTES MA Y 30, 2005 -151 CITY OF KITCHENER Mayor C. Zehr disclosed Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz Carried. COUNCIL MINUTES - 152 - CITY OF KITCHENER Mr. heritage issues. He Stage 3 not require COUNCIL MINUTES MA Y 30, 2005 -153 - CITY OF KITCHENER sidewalks. the concerns raised by Mr. Snider on Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That 13 of the Development & Technical Services Committee report of this date be Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola of this COUNCIL MINUTES MA Y 30, 2005 -154 - CITY OF KITCHENER no action be taken on the Carried. Council then 12 to disallow a Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Carried. two recommendations put forward by Mr. Z. Janecki in his written Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Carried. two Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola of this Carried. Council then voted on Clause 12, as amended. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That Clause 12 of the Development & Technical Services Committee in Carried. COUNCIL MINUTES - 155 - CITY OF KITCHENER Mayor C. Zehr assumed the Chair. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola That prior to commencement of the patio operation: 1. 2. 3. 4. 5. 6. COUNCIL MINUTES MA Y 30, 2005 -156 - CITY OF KITCHENER That during operation of the patio: 1. be proactively 2. 3. 4. 5. 6. Carried. COUNCIL MINUTES MA Y 30, 2005 - 157 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That 9 of the Development & Technical Services Committee report of this date be Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie of the Municipal Code, beyond midnight to Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." the 13, to completed. & re~rt~ Council meeting to allow an opportunity for alternative approaches to be considered. 20, 2005 the Development & Technical Services Committee of this date was then voted on Clause 1 Deferred and referred to the June 13, 2005 Development & Technical Services Committee meeting for further discussion with the proponent. COUNCIL MINUTES MA Y 30, 2005 -158- CITY OF KITCHENER Clause 2 Deferred and referred to the June 13, 2005 special Council meeting pending resolution of an outstanding financial matter. Clause 3 Dealt with under Delegations and Carried. Clause 6 Deferred and referred to the June 20, 2005 Council meeting to allow consideration of possible alternative approaches. Clause 9 Dealt with under Delegations and Carried. Clause 12 Dealt with under Delegations and Carried, as Amended. Clause 13 Dealt with under Delegations and Carried. Clause 14 Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. Recorded Pecuniarv Interest and Abstention: 14 Mayor C. Zehr as he owns Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Community Services Committee be adopted." Councillor J. with in advising that he did not agree The Community Services Committee report was then voted on Clause by Clause. Clause 4 - Carried. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Environmental Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Voted on Clause by Clause. Clause 3 Dealt with under Delegations and Carried, as Amended, on a Recorded Vote. Balance of report - Carried. COUNCIL MINUTES - 159 - CITY OF KITCHENER 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) parking on of (b) (c) being a by-law to designate private roadways as fire (d) street (e) (f) (g) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (h) (i) Drive as By-law No. 2003-199 Park Block 11, Registered Plan 0) (k) certain lots from Part Lot Control Block 11, Registered Plan COUNCIL MINUTES MA Y 30, 2005 -160 - CITY OF KITCHENER (I) (m) To confirm all actions and proceedings of the Council. (n) (p) known as the Zoning By-law for the (0) as the Zoning By-law for the amend Chapter 110 of the City of Kitchener Municipal Code regarding (q) of the City of Kitchener Municipal Code with respect and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. into of the Whole to consider its agenda and On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor M. Galloway of minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) parking on (By-law No. 2005-93) (b) No. 88-170, being a by-law to prohibit unauthorized parking of (By-law No. 2005-94) (c) being a by-law to designate private roadways as fire (By-law No. 2005-95) (d) persons, of (By-law No. 2005-96) MA Y 30, 2005 (e) COUNCIL MINUTES -161 CITY OF KITCHENER (By-law No. 2005-97) (f) (By-law No. 2005-98) (g) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2005-99) (h) (i) (By-law No. 2005-100) Drive as 0) (By-law No. 2005-101 ) By-law No. 2003-199 Park Block 11, Registered Plan (By-law No. 2005-102) (k) certain lots from Part Lot Control Block 11, Registered Plan (By-law No. 2005-103) (I) (By-law No. 2005-104) (m) To confirm all actions and proceedings of the Council. (n) (By-law No. 2005-105) known as the Zoning By-law for the (0) (By-law No. 2005-106) as the Zoning By-law for the (p) (By-law No. 2005-107) amend Chapter 110 of the City of Kitchener Municipal Code regarding (By-law No. 2005-108) MA Y 30, 2005 (q) COUNCIL MINUTES - 162 - CITY OF KITCHENER of the City of Kitchener Municipal Code with respect (By-law No. 2005-109) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 12:25 a.m. MAYOR CLERK COUNCIL MINUTES MA Y 30, 2005 -163 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1 . That no action (Deferred and Referred to the June 13, 2005 Development & Technical Services Committee meeting for further discussion with the proponent.) 2. Residential 1102309 a) both Lot 15 and used only as open b) (Deferred and Referred to the June 13, 2005 special Council meeting pending resolution of an outstanding financial matter) 3. DTS-05-079 be received for University of Waterloo School That 1 ) 2) 3) 4) 5) 6) 7) 8) 9) 10) 4. be Design Brief to provide built form through to the urban environment and Sciences Master Plan process (Dealt with under Delegations and Carried.) COUNCIL MINUTES MA Y 30, 2005 -164 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 5. 6. (Deferred and Referred to the June 20, 2005 Council meeting to allow consideration of possible alternative approaches.) 28 of the Ontario to property owners Act allows only 'local municipalities' to for community improvement WHEREAS 'local municipality" has municipalities where situated within system, Regions of Waterloo, Niagara, Halton, Peel, York, Durham, and Muskoka; and, 8. That 'The Community Improvement Plan" be amended by adding "9.6 Upper Storey Renovation Program A. Backaround COUNCIL MINUTES MA Y 30, 2005 -165 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) B. Intent C. Eliaibilitv Reauirements 1. credit 3. 4. 6. D. Financial Assistance 1. All applications for assistance under this Program will be considered subject to the availability of funding. 3. 5. COUNCIL MINUTES MA Y 30, 2005 -166 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) 9. (b) for lands in property; and (c) (Dealt with under Delegations and Carried.) 10. 11. 12. That the recommendation contained in Development and Technical Services Department report DTS-05-075, dated May 13, 2005, regarding Draft Approval of Plan of Subdivision 30T- 96004 and Zone Change Application ZC 96/30/P/JG, be aooroved, exceot for soecial condition 3.18 in the orooosed subdivision aareement and Clauses 'D' and 'E' of the recommendation contained in reoort DTS-05-075, subject to the following changes: (a) of Waterloo conditions 4 and be replaced with the in the memorandum from J. Willmer, Director of Planning, dated COUNCIL MINUTES MAY 30,2005 -167- REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12. (Cont'd) (b) CITY OF KITCHENER (c) (d) That (e) That special condition 4.25 of the proposed subdivision agreement be removed; and, (f) revised so that Block 3 and Lot 1 of Stage (g) All references to 'JHS Properties Ltd.' be revised to read 'JHS Properties Inc.'; and, (h) (i) "232. (j) (k) (I) be registered and constructed (Dealt with under Delegations and Carried, as Amended.) COUNCIL MINUTES MAY 30,2005 -168- REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 13. CITY OF KITCHENER (Dealt with under Delegations and Carried.) 14. (Dealt with under Delegations and Carried, as Amended.) COMMUNITY SERVICES COMMITTEE - 1. 2. be approved to support Adult 3. 4. 5. ENVIRONMENTAL COMMITTEE - 1. COUNCIL MINUTES MA Y 30, 2005 - 169 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - 1. one food June 22- approval; 2. 3. central library; and, That a Council and the COUNCIL MINUTES MA Y 30, 2005 - 170 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) That the KPL / Centre Block Project Committee will consist of: · CEO of the Kitchener Public Library; Board; Centre Committee (Craig Robson, Hans · Executive Business Association; . Chief Administrative Officer; · Executive Director of Economic Development; Development; . Downtown KPL / Centre Block Project Committee will include, but will · all a list of Project Team will with rights to (Dealt with under Delegations and Carried, as Amended, on a Recorded Vote.) 4. 5. That modifications to the Fa<:(ade Loan Incentive Program be approved, as follows: property COUNCIL MINUTES MA Y 30, 2005 -171 CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: B. ADMINISTRATIVE REPORTS- 1. Enaineerina Aareement - Sunvest DeveloDment COrD It was resolved: 2. Various Tenders Dealt with under Delegations. 3. Committee of Adiustment Decision background information from D. regarding a meeting held May It was resolved: 1. accordance with 4. Fundina Aareement - Canada-Ontario MuniciDal Rural Infrastructure Fund Financial Services Department report FIN-05-019 (P. Houston), It was resolved: 5. WREPNET Aareements Council considered MacDonald), dated Services Department report CRPS-05-098 (L. It was resolved: COUNCIL MINUTES MA Y 30, 2005 - 172 - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. WREPNET Aareements - (Cont'd) CITY OF KITCHENER -and - -and -