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HomeMy WebLinkAboutCouncil Minutes - 2002-09-30COUNCIL MINUTES SEPTEMBER 30, 2002 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors C. Weylie and J. Smola. The meeting began with the singing of "0 Canada" by Victoria Whiteman, King School of Vocal. Mayor C. Zehr pointed out that only four members of Kitchener's seven-member City Council were present this date and remarked that this situation was a product of downsizing imposed by the Province of Ontario when Kitchener Council was reduced from eleven to seven members. He noted that the seven-member Council was actually down to six members as a result of the resignation of Councillor J. Ziegler. Further, Mayor Zehr explained that Councillor C. Weylie was absent to attend a conference and Councillor J. Smola was absent due to a family emergency. He noted that with the previous eleven member Council, these three circumstances would not have had any serious impact on the ability to obtain a quorum of members for a Council meeting. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held September 16, 2002, and special meetings held September 16 and 23, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - NIL Ms. Janet England and Ms. Tanya Crawford, Co-Chairs of the Public Works Week Committee, attended with regard to this event which was held May 21-26, 2002. The delegation noted that during the week, activities relating to education, a charity golf tournament, a charity barbecue and a truck roadeo took place and raised over $6,000. which is being donated to the Children's' Wish Foundation. The donation was then presented to Ms. Anne Boehm, Co-ordinator of the local sub-chapter of The Children's' Wish Foundation, who thanked all of the volunteers and participants who made the donation possible. Mr. Ted Potwarka attended to provide an overview of the Communities in Bloom competition which Kitchener has been participating in since 1995 and noted that it was an opportunity to promote the municipality, particularly through the National Awards Program which Kitchener representatives will be attending. He advised that in the last six years more than 700 residential properties and 200 business properties had been nominated as part of the Awards Program. Ms. Amanda Kutler, MacNaughton Hermsen Britton Clarkson Planning, and Mr. Bill Gurney, Planning & Engineering Initiatives Ltd., attended to present an overview of the Business Awards Program presentations and announce categories and winners as outlined below. Mayor C. Zehr and Councillor G. Lorentz presented the 2002 Business Awards to the property owner, designer and maintenance firm for the winning properties of the competition as follows: Business Awards Proqram Larqe Scale Commercial · 270 Shoemaker Street - Mark Henderson (Gateman-Milloy Inc.) as owner, designer and maintenance firm. Small Scale Commercial · 1450 Victoria Street North - Mike Alkier (Victoria Star Motors Inc.); Peter Grobe and Kathy Pinnell (Peter J. Grobe); Chris Ward and Jeremy Carpher (Ikon Landscaping) Industrial 482 Belmont Avenue West - Gary Hebel of York Landscaping accepting award on behalf of George and David Keissling of Warwick Marking Products Ltd.; Gary Hebel (York Landscaping) as designer Multi-Residential · 1250 Weber Street East - Bob Seip (Emmanuel Village Homes); Chris Bohme (Green Scheels Pidgeon); Willie McCrae ONillie's Lawn Care) COUNCIL MINUTES SEPTEMBER 30, 2002 - 390 - CITY OF KITCHENER Ms. Brenda Gabet of Canada Post presented a brief overview of the Residential Awards Program and referenced the involvement of Canada Post letter carriers in seeking nominations for the Awards. Councillors B. Vrbanovic, M. Galloway and G. Lorentz then presented awards to the residential winners as follows: Residential Awards Proqram · Grace Swartz- 85 McKenzie Avenue · Lorne & Eve Miller- 197 Springmount Place · Rick & Mary Kennedy- 154 Devonglen Drive · John & Elaine Wilfong - 5 Mitierra Drive · Doug & Edee Schmitt - 89 Cyprus Drive · Bill & Tami Bergen - 44 Balmoral Drive Ms. Gabet then called on Mayor C. Zehr and Councillor G. Lorentz to present the Award for City Champion. City Champion - Residential · Doug & Edee Schmitt - 89 Cyprus Drive The Letter Carrier Award was presented to Mr. Talbot Peyton, representing all Canada Post letter carriers who contributed to the residential awards selection process. Mr. Henning Grumme listed the members of the Communities in Bloom Program Committee and expressed appreciation to them for their efforts. He also thanked sub-committee members and program judges for their involvement as well as the sponsors and supporting sponsors. Mayor C. Zehr added comments of appreciation from Council and Kitchener citizens for the work of the volunteers who have supported the program. He also remarked on the positive effects of the program and the upgrades in landscaping that result in both residential and commercial areas. In concluding, he noted that Kitchener was a participant in the national judging competition which was being held in Kelowna, BC. Ms. Marianne Berube, Ontario Project Manager of Woodworks, North Bay, attended to provide a presentation promoting use of wood in public buildings and request consideration of a resolution adopted by the Federation of Canadian Municipalities and the Association of Municipalities of Ontario. She noted that Woodworks was an undertaking of the Canadian Wood Council and then made a detailed presentation utilizing the overhead projection system on the merits of wood as an alternative building material in commercial construction. She advised that the purpose of the program was to create awareness and demand for wood products and also to provide design and technical support to facilitate the use of wood products. Ms. Berube presented various statistics with respect to wood products and asked that Council adopt the 'Build with Wood' resolution. In response to several questions from Council, she advised that there were benefits from coated and engineered wood products in fire situations as compared to steel; that Ontario was a world leader in reforestation with government, environmental and forest industry groups working together; and that through the Woodworks program, free technical support was provided to enhance awareness and understanding of wood products as an alternative commercial building material. Council suggested that City staff consider the use of wood in future municipal facility projects. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "WHEREAS the forest industry is one of our main economic engines in Ontario and the Provincial Government is committed to fostering a leading edge forest industry that is globally recognized for its productivity and environmental stewardship; AND WHEREAS 'Building a Wood Culture in Ontario' has the potential to be a catalyst for stimulating industry innovation, creating new markets for high value wood products and showcasing the environmental advantages of wood as a construction material; COUNCIL MINUTES SEPTEMBER 30, 2002 - 391 - CITY OF KITCHENER AND WHEREAS the economy of Ontario's forest dependent communities would benefit from diversification and investment in a new generation of knowledge-based, value-added wood products; NOW THEREFORE BE IT RESOLVED that the City of Kitchener does hereby reaffirm its commitment to a Building with a Wood Option which encourages municipal construction to use a wood option, a key component of building a Wood Culture in Ontario; AND BE IT FURTHER RESOLVED that the City of Kitchener petition the Provincial Government to establish an 'Ontario Builds a Wood Culture' policy initiative by: (a) (b) (c) Making 'Ontario Builds a Wood Culture' an economic development priority for the Province; Establishing policies to stimulate the optimal use of wood in provincially funded capital projects; Including strategies to foster development of an Ontario Wood Culture in government supported forest industry marketing initiatives; AND BE IT Government opportunities FURTHER RESOLVED that the City of Kitchener request that the Provincial establish industrial development strategies to encourage investment in presented by the new forest economy; AND FURTHER that a copy of this resolution be forwarded to the Honourable Jerry Ouellette, Minister of Natural Resources, the Honourable Jim Wilson, Minister of Northern Development & Mines and the Association of Municipalities of Ontario (AMO). Carried. Councillor B. Vrbanovic requested that the City's Project Management staff investigate the 'Build with Wood' option as promoted by the Woodworks Program and report findings to the Corporate Management Team. Mayor C. Zehr advised that several presentations would be made concerning the City's Downtown Strategic Plan and a vision process for revitalization of the Downtown. Mr. G. Borovilos attended respecting Development & Technical Services Department report DTS-02- 215 (Downtown Strategic Plan), dated September 25, 2002, which was listed as Item B.6 on the Committee of the Whole agenda. The recommendation in the staff report requests Council to endorse the Strategic Plan and to initiate a public consultation process using the Plan as a guide for future development of the Downtown. He noted that extensive consultations had taken place during the past few years to reach this point and advised that further consultations will take place starting with an Open House at 7:00 p.m. on October 3, 2002 in the City Hall Rotunda. The overhead projection system was then utilized for a video presentation on the Downtown. The slides and photographs referenced issues relating to the Downtown and including: history; incremental improvement steps; importance as a geographic centre of the Region; industrial heritage; $80M new investment since the mid-1990s; and, a strategy to duplicate successes that have taken place within the Civic District, within the Warehouse, Civic Centre and Market Downtown Districts. Mayor C. Zehr commented that while this was the culmination of initiatives during the past seven years, it was also a new beginning for the Downtown. In this regard, Mr. F. Pizzuto circulated Community Services Department report CSD-02-205 (Purchase of 69 Joseph Street and 20 David Street), dated September 25, 2002, pointing out that the two properties were essential to developing an entranceway to Victoria Park and an important component to the evolution of Downtown Kitchener. Mr. Glen Scheels, Green Scheels Pidgeon Planning Consultants, provided a presentation on the Master Plan and its purpose. He noted that the City's Municipal Plan has poorly defined street edges and that there was no defined or prominent entrance to Victoria Park from Gaukel Street. He commented that Joseph Street could be realigned by flattening the existing curve between Gaukel Street and David Street. Mr. Scheels then summarized implementation strategies to improve street edges and buildings on blocks of Gaukel/Young Streets between Joseph Street and the Civic Centre neighbourhood. COUNCIL MINUTES SEPTEMBER 30, 2002 - 392 - CITY OF KITCHENER Mr. F. Pizzuto circulated Community Services Department report CSD-02-173 (Millennium SuperBuild Projects) dated September 27, 2002, requesting approval of three Ontario SuperBuild Millennium Partnerships Initiative Project proposals being: the Victoria/Park Streets Corridor; the Gaukel/Young Streets Axis; and, the Benton/Charles Streets Parking Garage, and requested that upon approval, they be forwarded to the Region of Waterloo for approval and submission to the Ontario SuperBuild Corporation. He provided an update on the status of the City's two SuperBuild applications and explained the project revision to the Millennium Partnerships Initiative which has allowed for the three new projects to be substituted in place of the New Kitchener Market which received funding from the Ontario SuperBuild Corporation under the Sports, Culture and Tourism Partnership Initiative. Ms. Carla Ladd made a presentation with respect to the Centre Block and referenced land purchases and other initiatives intended to advance development in the Downtown. She pointed out that a number of workshops, open houses and walking tours had been conducted to obtain public input. Ms. Ladd advised of intentions to demolish three additional King Street properties located in the Centre Block this fall and that a temporary parking lot would be constructed on cleared lands fronting King Street. Strategic Services Department report SSD-02-022 (Centre Block Proposal Call), dated May 6, 2002 was circulated dealing with the addition of Mr. J. Fielding to the Centre Block Steering Committee and a request for endorsation of the roles of all parties in the Centre Block Proposal Call - Recommended Process document attached to the staff report. Council then dealt with the recommendations in the several staff reports as outlined in the preceding discussion. Staff report DTS-02-215 was considered first. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the Kitchener Downtown Strategic Plan as presented to Council on September 30, 2002, be endorsed; and further, That a public consultation process be initiated using the Strategic Plan as a guide for the future development of Downtown Kitchener." All members of Council remarked on activity of the last seven years to improve the Downtown and the vision for it with continuing public input as part of the momentum that has been put in place. The motion of Councillor B. Vrbanovic on the Strategic Plan was put to a recorded vote and Carried Unanimously. The recommendation in staff report CSD-02-205 relative to the strategic purchase of lands adjacent to Victoria Park was considered. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the acquisition of 69 Joseph Street and 20 David Street at a total cost of $650,000. be confirmed." Carried Unanimously. The recommendation in staff report CSD-02-173 regarding the City's SuperBuild application was then considered. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the City of Kitchener approve three Ontario SuperBuild Millennium Partnerships Initiative project proposals including: the Victoria/Park Streets Corridor; the Gaukel/Young Streets Axis; and, the Benton/Charles Streets Parking Garage; and further, COUNCIL MINUTES SEPTEMBER 30, 2002 - 393 - CITY OF KITCHENER That these three projects be forwarded to the Region of Waterloo for approval and submission to the Ontario SuperBuild Corporation." Carried Unanimously. In conclusion of considerations respecting the Downtown, the recommendation in staff report SSD-02- 022 concerning roles in the Centre Block Development was dealt with. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the addition of Jeff Fielding, CAO, as a member of the Centre Block Steering Committee be approved; and further, That Council endorse the roles of the consulting team, steering committee and City Council in the Centre Block Proposal Call process as outlined in the Centre Block Proposal Call - Recommended Process, dated September 20, 2002, attached to Strategic Services Department report SSD-02-022." Carried Unanimously. Mr. Yiannkis Odysseos attended in respect to Item B.5 of the Committee of the Whole agenda dealing with the report of the Licensing Tribunal which was circulated under separate cover. The Tribunal report recommends that the business licence of Mr. Y. ©dysseos to operate a lodging house at 78 Waterloo Street be revoked effective October 1, 2002 and also deals with any future lodging house applications submitted by Mr. Odysseos. Mr. Y. ©dysseos explained that he was unable to attend the business licence tribunal hearing held September 16, 2002 due to automobile problems he experienced that day. He maintained that he has regularly repaired damage that tenants have caused and continued to cause and questioned what more he could do in this regard. Mr. Mario Odysseos, son of Mr. Y. Odysseos, commented that 78 Waterloo Street was to be an investment of his father for retirement purposes and that loss of the business licence put this at risk. In response to questions, Mr. Y. ©dysseos advised that he did not have access to a telephone to advise of his inability to attend the September 16, 2002 and that he fully understood the form he signed for a business licence which required that he follow all of the regulations. Councillors B. Vrbanovic and G. Lorentz commented on many of the issues itemized in the Licensing Tribunal's report dated September 26, 2002. Councillor B. Vrbanovic asked that staff note the spelling of Mr. Phil Millor's name in the Tribunal's report was incorrect in a few instances as it was spelled as Miller. Both Councillors B. Vrbanovic and G. Lorentz made further remarks respecting the evidence provided at the hearing in support of the recommendation to revoke the business licence. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Business Licence No. M2211572 issued to Yiannkis ©dysseos to operate a lodging house at 75 Waterloo Street be revoked effective October 1,2002; and further, That any future lodging house licence applications submitted by Mr. Yiannkis Odysseos for 78 Waterloo Street or any other property in the City of Kitchener shall be referred to a licence tribunal appointed by Council." Carried Unanimously. Mr. Les Dowling attended in regard to Clause 17 of the Finance and Corporate Services Committee report dealing with the appointment of an Ad Hoc Citizens Advisory Committee on Council Remuneration. He commented on the total cost to the City of honorariums, benefits and other costs incurred by members of Council in carrying out their duties and recommended that the compensation issue be placed as a question on the ballot in the regular municipal election to be held in November, 2003. Members of Council responded that the recommendation in Clause 17 of the Finance and Corporate Services Committee report represented the process that Council committed to one year ago following COUNCIL MINUTES SEPTEMBER 30, 2002 - 394 - CITY OF KITCHENER public input that would have Council compensation levels established before a new Council takes office in December, 2003. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Clause 17 of the Finance and Corporate Services Committee report be adopted." Carried Unanimously. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Development & Technical Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the report of the Finance and Corporate Service Committee be adopted." Councillor B. Vrbanovic referred to Clause 6 of the report and noted that Mr. Pat Doherty was working with the City in regard to the Prevention Services Program. He indicated that eventually there was an intent to link future funding of minor sports groups to implementation of the Program. The report was voted on Clause by Clause. Clause 17 - Dealt with under Delegations and Carried. Balance of report - Carried. Mayor C. Zehr commented on Regional issues noting that the Region had approved its $400,000. funding share of Canada's Technology Triangle (CTT) budget and the proposed change in CTT representation. As well, he advised that a Grand River Transit satellite transfer terminal had been approved for installation at the Highland Hills Mall. Councillor G. Lorentz stated that this was the first he had heard of a terminal being built in his Ward and expressed disillusionment at the failure of Regional officials to inform the City and, in particular, the local Ward Councillor of this proposal. Councillor G. Lorentz advised that he wished to inform his constituents that he had been granted a leave from his job at Canada Post that will assist him to establish a family-operated business. He indicated that this leave from Canada Post would also allow him more flexibility to attend to City business. Councillor M. Galloway expressed concern over the impact of subdivision planning that has permitted development of narrow width residential lots with inadequate private and on-street parking space that has frustrated residents to the point of questioning where they can legally park vehicles. He suggested staff review the City by-laws and consider how the impact of this situation on residents could be minimized. It was suggested staff first meet with Councillor Galloway to identify what issues need to be addressed in respect to concerns raised. It was agreed that the matter be referred to Mr. G. Stewart and added to the Development & Technical Services Committee unfinished business list. Councillor M. Galloway advised that he has received many complaints regarding construction debris and the lack of maintenance of commercial and residential construction sites, particularly where building is substantially complete. It was directed that the question of developer/builder responsibility for this issue be added to the October 28, 2002 Development & Technical Services Committee agenda for consideration. Councillor B. Vrbanovic provided a brief update on a few of the many issues dealt with at the Federation of Canadian Municipalities (FCM) Board of Directors meeting held September 4-7, 2002, including: the FCM federal budget submission promoting the need for consistent municipal funding; community safety and crime prevention initiatives; and community economic development issues. COUNCIL MINUTES SEPTEMBER 30, 2002 - 395 - CITY OF KITCHENER Councillor Vrbanovic indicated that he would circulate a detailed document to Council covering matters discussed at the Board meeting. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, advised that a revised draft by-law had been circulated to Council to replace the by-law listed on the Council agenda as item 9(d) and 12(d) under first and third by-law readings respectively. The by-law provides for filling the vacancy on City Council as a result of the resignation of Councillor J. 7iegler, Councillor for Ward 3 (Fairview-Gateway). The by-law also designates October 25, 2002 as Nomination Day, Voting Day as November 25, 2002 and the holding of one advance vote on November 16, 2002. Mr. Sosnoski advised that prospective candidates could pick-up a by-election information package starting October 1,2002, at the City Clerk's Office. Council agreed to a further request from Mr. Sosnoski to add four additional by-laws to the agenda for three readings. The three by-laws amend the Municipal Code with respect to Clauses 12, 14 and 15 of the Finance and Corporate Services Committee report approved this date and the fourth by-law deals with laying out Hawkswood Drive. 3. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 2002-135 being the Backflow Prevention By-law. (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) Being a by-law to require the holding of an election to fill a vacancy on Council. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to amend Chapter 575 of the City of Kitchener Municipal Code with respect to Plumbing Contractor, Master Plumber, Journeyman Plumber. (g) Being a by-law to repeal and replace Chapter 554 of the City of Kitchener Municipal Code with respect to places of refreshment, not including refreshment vehicles. (h) Being a by-law to repeal and replace Chapter 556 of the City of Kitchener Municipal Code with respect to refreshment vehicles. (i) Being a by-law to provide for the establishing and laying out of part of Hawkswood Drive as a public highway in the 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. 7ehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. 7ehr occupied the Chair. 4. Moved by Councillor B. Vrbanovic 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. SEPTEMBER 30, 2002 5. COUNCIL MINUTES - 396 - Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) CITY OF KITCHENER Being a by-law to amend By-law 2002-135 being the Backflow Prevention By-law. (By-law No. 2002-180) of the City of Kitchener Municipal Code Being a by-law to amend Chapter 101 respecting the Appointment of Staff. (By-law No. 2002-181) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2002-182) Being a by-law to require the holding of an election to fill a vacancy on Council. (By-law No. 2002-183) To confirm all actions and proceedings of the Council. (By-law No. 2002-184) (f) Being a by-law to amend Chapter 578 of the City of Kitchener Municipal Code with respect to Plumbing Contractor, Master Plumber, Journeyman Plumber. (By-law No. 2002-185) (g) Being a by-law to repeal and replace Chapter 584 of the City of Kitchener Municipal Code with respect to places of refreshment, not including refreshment vehicles. (By-law No. 2002-186) (h) Being a by-law to repeal and replace Chapter 586 of the City of Kitchener Municipal Code with respect to refreshment vehicles. (By-law No. 2002-187) (i) Being a by-law to provide for the establishing and laying out of part of Hawkswood Drive as a public highway in the City of Kitchener. (By-law No. 2002-188) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:53 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 30, 2002 - 397 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That Demolition Control Application DC 02/08/C/SV (St. Matthews Lutheran Church), requesting approval for the demolition of one single detached dwelling located at 14 Church Street, legally described as Part of Lot 5, Plan 394 and Part of Lots 2 and 3, Registered Plan 58R-6349, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That the City's consultant selection procedure be waived and Stantec Consulting Limited be retained as the City's Engineering Consultant to undertake the design, tender and contract administration for the construction of the Balzer Creek Culvert, Country Hills East Subdivision 30T-86035 (Drewlo Investment Inc.). That Development and Technical Services Department staff not proceed with a proposal to extend a public road from Strasburg Road to the rear of Site 164 for the purpose of subdividing a 12.5 acre parcel of land into smaller parcels within the Huron Business Park. a) That no action be taken regarding the existing Temporary Use Provision 8T in Zoning By-law 85-1 that affects the property municipally known as 90 Woodside Avenue. b) That Planning Services, in consultation with Legal Services, develop a letter to be sent by the City to the Ministry of Environment (M©E) requesting the following actions be undertaken for any Certificate of Approval application located in the City of Kitchener: 1) that the proponent be directed to make the application through the M©E District Office in Guelph; 2) that the MOE ensure that proper documentation is provided with the Certificate of Approval application to: a) confirm that the proponent has conducted adequate public notification, including notification of all residential or institutional property owners within 120 metres of a proposal site; and, b) confirm that the proponent has contacted and received clearance from the City of Kitchener that the proposed land use is permitted in the Zoning By- law; and 3) that the M©E contact the City of Kitchener General Manager of Development & Technical Services and the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services should the MOE in its initial review determine that a specific proposal may have major land use incompatibility and/or significant effects on residential areas. c) That the General Manager of the Development & Technical Services (DTS) Department assign one staff person in the DTS Department to immediately begin reviewing the MOE's Environmental Bill of Rights Registry (EBRR) and further investigate the need to develop an internal protocol or policy on handling Certificate of Approval or other environmental applications. FINANCE AND CORPORATE SERVICES COMMITTEE - That pursuant to the ©ntarians with Disabilities Act 2001, an Accessibility Advisory Committee be established for the City of Kitchener; and, That in keeping with local practice and co-operation, should the City of Waterloo so resolve, the Accessibility Advisory Committee be a joint Committee with the City of Waterloo, pursuant to Section 17 (3) of the ©ntarians with Disabilities Act, 2001; and, COUNCIL MINUTES SEPTEMBER 30, 2002 - 398 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) CITY OF KITCHENER That the following be appointed members of the Kitchener - Waterloo Accessibility Advisory Committee for a term to expire November 30, 2003, subject to successors being appointed: Ms. Patti Duke Ms. Paula Sanders Ms. Judy Bruyn Mr. James Hunsberger Mr. Brad UIIner; and, That Margaret Sanderson (City of Kitchener) and Lori Ludwig (City of Waterloo) be appointed as staff liaison to the Committee; and further, That prior to October 1, 2003, the Kitchener - Waterloo Accessibility Advisory Committee, in conjunction with City staff recommend to Council the structure and mandate for the Committee. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Letter of Understanding with the Twin Cities Minor Tackle Football Association Inc. to permit placement of a storage trailer on City-owned lands at Bridgeport Sportsfield as outlined in Community Services Department report CSD-02-192. That pursuant to Council Policy 1-945 (Fencing - Walkways), the applications of the owners for 50% City contribution toward the cost of walkway fencing be approved as follows: a) b) 106 Pinehurst Crescent - $635.69, and 384 Hearthwood Drive - $574.60. That subject to the satisfaction of the City Solicitor, retroactive approval be given to a temporary rental agreement between the City and Waterloo North Condominium Corporation No. 113 for use of the kitchen and dining room at Eastwood Community, 1414 King Street East, Kitchener, to allow temporary relocation of the Rockway Seniors Centre 'Dine at the Rock' Noon Meal Program. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to annually execute Family and Cultural Events Accreditation Contracts with Kitchener-Waterloo Oktoberfest Inc., as attached to Community Services Department report CSD-02-199, which will allow City events to be accredited for the annual Oktoberfest celebration. That the 2002-2003 Safe & Healthy Community Advisory Committee Work Plan be approved as attached to Community Services Department report CSD-02-201; and, That the Community Services Department work with minor sports groups to investigate possible implementation of the 'Prevention Services Program'; and, That staff examine the potential linking of future City funding of minor sports groups to implementation of such a program; and further, That the 'Prevention Services Program' include an evaluation component to track long term statistics regarding incidents of aggressive or inappropriate behaviour. That the application of Bernie Nimer be approved for a 'Grant-in-lieu of Building Permit Fee' under the Downtown Financial Incentives Program, in the amount of $1,094.05, for completion of the interior of 70 Victoria Street North. COUNCIL MINUTES SEPTEMBER 30, 2002 - 399 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That the application of The Cora Group be approved for a 'Grant-in-lieu of Building Permit Fee' under the Downtown Financial Incentives Program, in the amount of $918.90, for renovations to 50 Queen Street North. That the following events/vendors be granted permission to operate on public property during Oktoberfest (October 11 to 19, 2002), provided the necessary licences and/or building permits are obtained: Name 20 King Street Consumer Impact Marketing Domino's Pizza Grainharvest Breadhouse Oktoberfest Car Show Kennedy's Restaurant (2 stands) Oktoberfest Haus Ontario Corn Roaster Roller Roaster The Forest House Vans Original Belgian Waffles K-W Oktoberfest Info Tent K-W Oktoberfest Stage K-W Oktoberfest - Main Stage Grillefest German Pioneer Days Location sidewalk in front of 45 King Street East on the closed section of Frederick Street on the closed section of Frederick Street on the closed section of Benton Street on the closed section of King Street (October 19th) on the closed section of Frederick Street at Willkommen Platz on parking lot behind 70 King St. East on closed section of Frederick Street on the parkette at the corner of Charles & Benton Streets on the closed section of Benton Street on the closed section of Benton Street on the closed section of Benton Street at Willkommen Platz on Civic Square on Civic Square 10. That the request of Bethany Evangelical Missionary Church, 160 Lancaster Street East be approved for an exemption from Municipal Code Chapter 450 (Noise) relative to their Christmas Pageant to be held December 5-8, 2002 from 6:00-9:00 p.m. 11. That the draft Council Policy titled 'Appointments to the Board of Directors of the Kitchener Power Corporation' as attached to Corporate Services Department report CRPS-02-225, be approved and numbered accordingly. 12. That a by-law be considered at the September 30, 2002, Council meeting to amend Schedule 'A' of Municipal Code Chapter 578 (Plumbing Contractor - Master Plumber - Journeyman Plumber) to include the following: '14. The Corporation of the City of Brantford 15. The Corporation of the City of Peterborough'. 13. That the Council of the Corporation of the City of Kitchener does not oppose the application of Sreto Ubiparip for a Liquor Licence for Caffe Malibu, to be located at Unit 4, 79 Victoria Street North, Kitchener, subject to the applicant agreeing to the following: The applicant agrees to voluntarily request the following conditions be added to the Liquor Licence. In the event the Alcohol and Gaming Commission of Ontario, at its discretion, does not add the following conditions to the licence, the applicant agrees to have the conditions added to and form part of the 'Private Agreement Conditions' and understands the City's non- objection to the issuance of the liquor licence is based on the private agreement and continued compliance. COUNCIL MINUTES SEPTEMBER 30, 2002 - 400 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 13. (Cont'd) CONDITIONS 14. 15. 16. 17. CITY OF KITCHENER The applicant agrees: a) to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; b) to become a member of the Kitchener Downtown Business Association's Licence & Entertainment Committee and attend its meetings; c) to set a 50% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in your application (in other words, alcohol sales will be limited to 50% of gross refreshment sales); d) to notify the Clerk of the City of Kitchener of any applications to change the licence, in writing and at the same time the application for change is made to the Alcohol and Gaming Commission and not expand the licensed establishment, including the addition of an outdoor patio, without the consent of the City's Council; e) to ensure all customers of Caffe Malibu only park their vehicles at the front parking lot of 79 Victoria Street North and not at any of the neighbouring parking lots or on Heit Lane; f) to provide no ancillary entertainment at the establishment, except pre-recorded soft music on any evening and soft live music (solo - singing and piano) from Thursday to Sunday evenings; g) to ensure the rear exit of the establishment facing Heit Lane is closed at all times, except for the purpose of staff access, and is not used by customers. This condition does not apply to emergency situations; h) not to enlarge the existing front entrance, create any garage door type openings, or any other forms of new openings/windows on any of the exterior walls at Unit 4, 79 Victoria Street North; and, i) these conditions shall bind all successors, assigns and subsequent licence holders (if any). That a by-law be considered at the Council meeting of September 30, 2002 to repeal and replace Municipal Code Chapter 586 (Refreshment Vehicles) in the form of the draft by-law dated September 16, 2002, attached to Corporate Services Department report CRPS-02-227. That a by-law be considered at the September 30, 2002, Council meeting to repeal and replace Municipal Code Chapter 584 (Places of Refreshment) in the form of the draft by-law dated September 16, 2002, attached to Corporate Services Department report CRPS-02-228. That Council Policy I-110 [Heritage Kitchener (LACAC) - Terms of Reference] be amended by adding the following to Section 2 (Committee Composition and Reporting): 'f) 1 representative of St. Mary's Heritage Conservation District'. That the following be appointed to the 'Ad Hoc Citizens Advisory Committee on Council Remuneration': Dan Carli Bryan Issac Allan Laalo Maxine Neller COUNCIL MINUTES SEPTEMBER 30, 2002 - 401 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 17. (Cont'd) Claude Schneider; and further, That the Chief Administrative Officer assist and provide support staff to the Committee. (Dealt with under Delegations and Carried.) CITY OF KITCHENER SEPTEMBER 30, 2002 COUNCIL MINUTES - 402 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS - 1. Licences Council was circulated this date with Corporate Services Department reports CRPS-02- 238 and CRPS-02-240 (J. Koppeser), dated September 27 & 30, 2002 respectively, requesting consideration of two additional Adult Entertainment Parlour Attendant Licences. i) Adult Entertainment Parlour Attendant Licenses It was resolved: "That Tara Kynock, employed at 2271 Kingsway Drive (Phoenix), Kitchener be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Shannon Paetz and Krista Deller, employed at 4-808 Courtland Avenue East (Taj Mahal), Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences." ii) Adult Entertainment Parlour It was resolved: "That the Adult Entertainment Parlour Licences issued to Cheryl Zivkovic, Brad Baumbach, Randy Zivkovic and Malgorzata Zieman-Deptulski in April 2002, and expiring September 30, 2002, be extended to December 31, 2002, with a review by Council to take place upon expiry." 2. Quit Claim Deed It was resolved: "That the Mayor and Clerk be authorized to sign, to the satisfaction of the City Solicitor, necessary documents, including a Quit Claim Deed with respect to Part 3 on Plan 58R- 13536 (at the corner of Doon Village Road and Tilt Dr.), to formalize the land rights to that Part in favour of the Trustees of the Estate of Arthur Edgar Kurt." 3. Encroachment Aqreement - 73 Queen Street North It was resolved: "That subject to obtaining a minor variance from the Sign By-law, the Mayor and Clerk be authorized to execute an encroachment agreement with The Regional Municipality of Waterloo to permit the construction and maintenance of two signs on the Queen Street North road allowance in front of 73 Queen Street North." SEPTEMBER 30, 2002 COUNCIL MINUTES - 403 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 4. CITY OF KITCHENER Special Event - Refreshment Stand Licence - Retail Sales Tax Office Council was in receipt of Corporate Services Department report CRPS-02-219 (J. Koppeser), dated September 13, 2002, recommending granting of the licence. It was resolved: "That the request of the Retail Sales Tax Office to sell food at 305 King Street West on October 10, 2002, be granted, provided the necessary licence is obtained, including Fire and Health approvals; and further, That the Special Event Licence fee of $27. be applicable." Licensinq Tribunal Decision- 78 Waterloo Street Dealt with under Delegations. Downtown Strateqic Plan Dealt with under Delegations. Encroachment Aqreement - Joseph Schneider Haus Council was in receipt this date of Corporate Services Department report CRPS-02-239 (L. MacDonald), dated September 27, 2002, recommending execution of an encroachment agreement to permit construction and maintenance of a wooden fence. Councillor G. Lorentz expressed disappointment with the action of the Region of Waterloo in this matter and commented that the Region should seek required municipal approvals before commencing projects. He asked that Mayor Zehr convey this to appropriate Regional officials. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with The Regional Municipality of Waterloo to permit the construction and maintenance of a wooden fence on City property located on the northeast corner of Queen Street South and Mill Street, municipally known as 455, 473, 489 Queen Street South and 16 & 18 Mill Street; and further, That the City authorize The Regional Municipality of Waterloo to make application to the Committee of Adjustment for a variance from the Fence By-law with respect to the height of the fence." Request for Exemption - Municipal Code Chapter 450 (Noise) Council was in receipt this date of Community Services Department report CSD-02-207 (C. Legault/F. Pizzuto), dated September 27, 2002, recommending the requested exemption to permit overnight power washing. It was resolved: "That an exemption be granted from Chapter 450 (Noise) of the Municipal Code to permit the power washing of King Street between Frederick Street and Water Street between the hours of 11:00 p.m. and 7:00 a.m. on October 6, 7 and 8, 2002, in preparation for Oktoberfest." SEPTEMBER 30, 2002 COUNCIL MINUTES - 404 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 9. CITY OF KITCHENER Execution of Enqineerinq Aqreement - North Fair Subdivision Council was in receipt this date of correspondence from D. Mansell, dated September 25, 2002, recommending execution of an agreement with Stantec Consulting Limited. 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 North Fair Subdivision, Stage 2, Phase 2, Plan 30T-89017."