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HomeMy WebLinkAboutCouncil Minutes - 2002-10-07 SSPECIAL COUNCIL MINUTES OCTOBER 7, 2002 CITY OF KITCHENER A special meeting of City Council was held at 5:32 p.m. this date, Chaired by Mayor C. Zehr and with all members present. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. Council was in receipt of Corporate Services Department report CRPS-02-244 (L. MacDonald), dated October 3, 2002, recommending execution of an agreement with XCG Consultants Limited to permit the installation of three monitoring wells in the Shirley Avenue road allowance. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the Mayor and Clerk be authorized to execute an agreement with XCG Consultants Limited to permit the installation of three monitoring wells in the Shirley Avenue road allowance." Carried. Council was in receipt of Corporate Services Department report CRPS-02-243 (J. Koppeser), dated October 1, 2002, recommending that Dino Markakis be granted permission to locate a food vendor cart on public property during Oktoberfest. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That Dino Markakis be granted permission to locate a food vendor cart on public property during Oktoberfest, October 11-19, 2002, provided the necessary licence, including Fire and Health approvals, is obtained." Carried. Council was advised of three additional items for in-camera discussion this date involving a labour relations matter, a potential litigation matter and a land acquisition matter. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That an in-camera meeting of City Council be held immediately following this special meeting to consider two labour relations matters, two personal matters, a potential litigation matter, a land acquisition matter and two matters subject to solicitor-client privilege." Carried. Mayor C. Zehr advised of a request from staff that Council consider Corporate Services Department report CRPS-02-247 (L. MacDonald), dated October 7, 2002, which was not listed on the special Council agenda. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the following matter be added to the agenda of the special meeting of Council on October 7, 2002: consideration of Corporate Services Department report CRPS-02-247 recommending the execution of a correcting Transfer/Deed of Land for 197 Frederick Street." Carried Unanimously. Council was in receipt of Corporate Services Department report CRPS-02-247 (L. MacDonald), dated October 7, 2002, recommending that the City execute a correcting Transfer/Deed of Land to convey property being part of 197 Frederick Street to Petro Canada, which is in keeping with the City of Kitchener's intention in 1969. SPECIAL COUNCIL MINUTES OCTOBER 7, 2002 - 406 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the Mayor and Clerk be authorized to execute a correcting Transfer/Deed of Land to convey Part 4 on Plan W.D.R. 241 to Petro Canada, being part of the property municipally known as 197 Frederick Street, Kitchener, in keeping with the City of Kitchener's intention in 1969." Carried. The meeting then recessed at 5:40 p.m. and re-convened at 8:06 p.m., Chaired by Mayor C. Zehr and with all members present. Council considered a matter arising from the Development & Technical Services Committee meeting held this date regarding the Heritage Permit Application and Demolition Application with respect to 530, 540-560 Queen Street South. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz '¥VHEREAS the Council of the City of Kitchener has received comments on the proposed apartment development of Drewlo Holdings Limited at 530, 540-560 Queen Street South from the Kitchener Neighbours for Appropriate Development (KNAD) group regarding the values of heritage and community and on the importance of preserving the integrity of the Victoria Park Area Heritage Conservation District; and WHEREAS Parks Canada in correspondence to the City dated October 1,2002 has expressed concerns over the impact of the proposed development on the Joseph Schneider Haus national historic site located at 466 Queen Street South; emphasized the importance of protecting and maintaining cultural landscape features; and requested the heritage values of this historic site be carefully considered; That pursuant to Section 43 of the Ontario Heritage Act, Heritage Permit Application # 2002-V- 03, City Council hereby approves the construction of an apartment building in accordance with Concept "D" in the revised Heritage Impact Assessment dated August 8, 2002 to a maximum of 10 storeys at 530, 540-560 Queen Street South, a portion of which is located in the Victoria Park Area Heritage Conservation District provided the development meets condition numbers 1, 4, 5, 6, 7, 8 (where possible), 9 (excluding the last sentence) & 11 as set out in the list of suggested conditions submitted by the Kitchener Neighbours for Appropriate Development dated September 16, 2002; and further, That Council defer the consideration of Demolition Control Application DC 01/09/Q/DR submitted by Drewlo Holdings Limited pertaining to a request to demolish a single detached dwelling at 560 Queen Street South until a site plan has been approved in accordance with Council's direction on the Ontario Heritage Act, Heritage Permit Application # 2002-V-03." Carried. Councillor J. Smola requested that the record show he opposed the motion as adopted. Council considered a matter arising from the Development & Technical Services Committee meeting held this date regarding the Grand River Conservation Authority's Wetland Policy dated July 16, 2002. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "WHEREAS the City of Kitchener values wetlands as evidenced through existing City, Regional and Provincial policy; THEREFORE BE IT RESOLVED that the City of Kitchener advise the Grand River Conservation Authority (GRCA) that endorsement of the GRCA Wetlands Policy dated July 16, 2002 is premature until: SPECIAL COUNCIL MINUTES OCTOBER 7, 2002 - 407 - CITY OF KITCHENER i) accompanying implementation guidelines are detailed and confirmed; and, ii) the effect of the 'Generic Regulation' under the Conservation Authorities Act on municipal responsibilities and operations is determined, and municipal consultation with appropriate agencies is undertaken and complete; and, BE IT FINALLY RESOLVED that outstanding technical comments on the Wetlands Policy, as outlined in Development and Technical Services Department report DTS-02-216-PL, be forwarded to the GRCA for consideration." Carried. Mayor C. Zehr advised of two additional items which were not listed on the special Council agenda. The first item arising from the Development & Technical Services Committee meeting held earlier this date is in regard to regulating private snow dumps, and the second item arising from the in-camera meeting held this date is regarding a Permanent Vendor Business Licence. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That pursuant to Chapter 25 (Council Procedure) of the Municipal Code, the following matters be added to the agenda of the special meeting of Council on October 7, 2002: · Consideration of the recommendation arising from the Development & Technical Services Committee meeting held this date regarding the regulating of private snow dumps; · Consideration of the recommendation arising from the in-camera meeting held earlier this date regarding a Permanent Vendor Business Licence application." Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That staff be directed to proceed with the following means of regulating private snow dumps, all to be completed for Council consideration prior to January 1,2003: a) To prepare the necessary amendments to the Zoning By-law, and advertise for a public meeting of Council to consider such a by-law to prohibit snow dumping within or adjacent to natural environmental features such as Environmentally Sensitive Policy Areas; To prepare the necessary amendments to the Municipal Code, establishing Licensing and Property Standards controls to ensure that Snow Dumps are operated in such a way as not to cause a safety hazard or a nuisance to adjoining lands." b) Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Carried. "That a six-month Permanent Vendor Business Licence be granted to Jos~ Tavares expiring on April 30, 2003; and further, That upon expiry of the Licence, Mr. Tavares may apply for renewal subject to all required approvals." Carried. Council considered a recommendation arising from the Finance and Corporate Services Committee meeting held this date regarding the debenture by-law listed on the Special Council agenda. SPECIAL COUNCIL MINUTES OCTOBER 7, 2002 Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway - 408 - CITY OF KITCHENER "That a by-law be considered at the October 7, 2002 Special Council meeting, in the form as attached to Financial Services Department report FIN-02-038, authorizing revised 2002 debenture funding as follows: increase debenture funding by $2,117,000 for Resurfacing of City Streets, $101,000 for the Market, and reduce debenture funding by $2,218,000 for the Stanley Park Community Centre, with the overall total tax supported debenture financing unchanged; and, That the 2002 non-tax supported debentures to be issued for the Doon Golf Club House Expansion, $1,102,000, Charles/Benton Parking Garage, $2,600,000, Doon Mills Road, $3,100,000, Shirley Avenue/Lackner Boulevard, $1,800,000, be deferred and issued when required; and further, That non-tax supported debt for Kitchener Memorial Auditorium Complex, $7,186,200, be issued in 2002." Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic Carried "That leave be given the Mover and Seconder to introduce the following by-laws for three readings and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk. Being a by-law to approve a capital expenditure for the undertaking of various construction or renovations projects, at a total estimated cost of $9,404,200. and for the borrowing of money therefore. (By-law No. 2002-189) (By-law No. 2002-190)." Carried. To confirm all actions and proceedings of the Council. (a) (b) On motion, the meeting adjourned at 8:12 p.m. MAYOR CLERK