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HomeMy WebLinkAboutCouncil Minutes - 2003-01-13COUNCIL MINUTES JANUARY 13, 2003 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 Kamila Wysocki, King School of Vocal. The minutes of the regular meeting held December 9, 2002, were amended to correct Clause 8 of the Development and Technical Services Committee report with respect to the Staging of Development Report regarding Parcel #8 so as to refer to advancement from Priority 'C' to Priority 'A' in 2003 rather than 2002. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held December 9, 2002, as amended, and special meetings held December 9, 2002 and January 6, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED TO FILE - (a) Letter dated November 25, 2002, from Hon. Elizabeth Witmer, Minister of Education, acknowledging receipt of Council's resolution requesting a review of legislative changes regarding electricity. (b) Letter dated December 6, 2002, from Hon. Jerry Ouellette, Minister of Natural Resources, acknowledging receipt of Council's resolution regarding establishing an Ontario Builds A Wood Culture policy initiative. (c) Letter dated December 20, 2002, from T. Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council's resolution regarding the Municipal Property Assessment Corporation's restructuring program. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tender listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That, Natural Gas Meter Bar Assemblies and Loop Assemblies, be awarded to Bryan Donkin RMG Canada Ltd., Woodstock, Ontario at their negotiated price of $128,450., plus P.S.T. & G.S.T." Carried. Mr. Rych Mills, writer and member of the Victoria Park Historical Committee, presented a copy of his new book entitled 'Kitchener (Berlin) 1880 - Images of Canada' to Mayor C. Zehr for placement in Council's Library. He commented that in researching material for his book, he had made extensive use of the historical collection housed in the Grace Schmidt Room at the Kitchener Public Library and commended the City for its long time support of this facility. Mr. Mills extended an invitation to Council to attend the official launching of his new book to be held at the Kitchener Public Library on January 28, 2003. Mayor Zehr remarked on the writing talents of Mr. Mills and advised that the City would also be purchasing several copies of the book to be given out as commemorative gifts on future occasions. Council was in receipt of minutes of the December 10, 2002 Committee of Adjustment meeting and other background material concerning a fence variance application, Submission No. FN 2002-019, as applied for by Joan Oleskevich, for the property at 1824 Old Mill Road, listed under Item B.7 of the Committee of the Whole agenda. The Committee was also in receipt of a letter from Ms. Oleskevich, dated received January 10, 2003 in support of the requested variance. Ms. Joan Oleskevich and Mr. Roman Szydlowski were in attendance to request that Council reverse the decision of the Committee of Adjustment to refuse a portion of their requested variance respecting construction of a 2.43 m (8 ft.) wooden fence along the front portion of the easterly side yard so as to match the legal fence height of the remaining rear portion of the easterly side yard. Ms. Oleskevich circulated photographs of the subject property and commented that the primary reason for constructing the fence as requested is to ensure security and privacy of her property. COUNCIL MINUTES JANUARY 13, 2003 5 CITY OF KITCHENER Councillor J. Gazzola advised that a mediation meeting had been held with owners of the neighbouring property at which time Ms. Oleskevich had agreed to construct the side yard fence in such a manner that it would be see-through. In response to a question, Ms. Oleskevich confirmed that she was still agreeable to modifying the type of fence to be constructed. She further stated that if the modified fence was constructed, it would not impede the neighbouring property owner's view of the river as they would still be able to see through the fence and across the rear yard of the subject property. Carol and Jim Moore were in attendance to oppose the requested fence variance along the side yard of their property and provided a copy of a letter dated January 8, 2003, as well as additional photographs, for circulation this date. Ms. Moore advised that they had the aid of a lawyer during the mediation meeting and were willing to negotiate; however, the meeting concluded without resolution of their concerns. She stated that she was opposed to construction of a fence at the requested height as it would severely impact the unique character of their property and their quality of life. She further advised that her lawyer suggested that she obtain alternate legal counsel prior to this evening's meeting due to a conflict of interest; however, she was unable to do so. In this regard, she requested Council defer further consideration of this matter so she could obtain legal counsel and complete a survey to determine on which property a mature lilac tree is situate, following which she would like further mediation to take place. In response to questions, Ms. Moore clarified that she would not support the proposed modification to the type of fence at the height requested; however, was prepared to agree to a lower fence as suggested in her January 8 letter. She further advised that the alternatives presented in the January 8 letter were not discussed at the mediation meeting and expressed a desire to fully explore all alternatives prior to a decision being made. Several members of Council spoke in favour of deferral, commenting that further mediation would provide opportunity for the two property owners to reach an amicable resolution. Councillor J. Gazzola raised concern with delaying consideration of the matter pointing out that arrangements for additional meetings had already been attempted without success and advised that he could only support deferral based on a limited timeframe. Councillor G. Lorentz questioned how further mediation would be approached and Ms. C. Ladd advised that the City has a mediation trust fund that can be drawn upon in cases such as this to obtain the services of a professional mediator. Councillor Gazzola agreed to pursue this option with City staff. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the December 10, 2002 recommendation of the Committee of Adjustment (Item B.7 of the Committee of the Whole agenda of this date), pertaining to fence variance Submission No. FN 2002-019 (Joan Oleskevich - 1824 Old Mill Rd) be deferred and referred to the January 27, 2003 Council meeting to allow further mediation to take place between the subject property owner and the immediate neighbour." Carried. Mr. Bernie Hermsen, MHBC Planning Limited, attended in respect to Clause 2 of the Development and Technical Services Committee report, dealing with a request from Tanem Developments Limited for exemption to Council Policy 1-652, Emergency and Secondary Access, regarding future development on a portion of the property at 787 Morrison Road. In this regard, Council was in receipt this date of correspondence from Mr. Hermsen, dated January 13, 2003. Mr. Hermsen requested Council's consideration of additional wording pertaining to condition b) of the recommendation, as outlined in his January 13, 2003 correspondence. He commented that the additional wording would provide flexibility to explore alternate design options to address the distance separation between the emergency access and the end cul-de-sac that may enable dwellings to be constructed without built-in sprinkler systems. In response to a question from Councillor G. Lorentz, Mr. Hermsen showed an overhead illustration of one alternative design which provided a second internal emergency access located approximately 100m from the end of the cul-de-sac that could be used in the event the primary emergency access was blocked. Mr. G. Stewart and Fire Chief R. Browning were asked to comment and both confirmed that they were prepared to consider alternative designs and had no concern with the proposed additional wording. COUNCIL MINUTES JANUARY 13, 2003 -6- CITY OF KITCHENER It was generally agreed to amend Clause 2 of the Development and Technical Services Committee report by adding the following wording at the end of condition b): '..., or that an alternate development design be provided to the satisfaction of the General Manager of Development and Technical Services.' Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 2 of the Development and Technical Services Committee report be adopted, as amended." Carried. Mr. Larry Kotseff, Commissioner of Planning, Housing and Community Services, Region of Waterloo, attended to present the Regional Growth Management Strategy. Mr. Graham Vincent, Director of Transportation Planning, Region of Waterloo, was also in attendance to assist with questions relating to the Strategy. Mr. Kotseff gave a Powerpoint presentation entitled "Waterloo Region in the 21st Century - Planning Our Future" and highlights of the presentation included: projected population growth; reasons, challenges and opportunities for planning growth management; benefits of a Central Transit Corridor identified as a key feature within the Regional Official Policies Plan; and options to manage growth ranging from intensive to moderate re-urbanization. Issues raised concerning growth management related to land intensification, brownfield redevelopment, downtown revitalization, transportation service enhancements (Light Rail Transit) and economic development. Mr. Kotseff commented that the strategy is important to achieve a good balance between residential and employment sectors. He added that the strategy development process is now in Phase 2 during which extensive public and stakeholder consultation will be undertaken beginning with presentations in January to all area municipalities and continuing with public information sessions throughout January and February. He pointed out that a public information session will be held in Kitchener on January 23, 2003 at Regional Headquarters, 150 Frederick Street, between the hours of 2:00 - 4:00 p.m. and 7:00 - 9:00 p.m. He also advised that following the consultation process, it is anticipated that a Preferred Regional Growth Management Strategy will be presented to Regional Council for consideration in April 2003. Councillor G. Lorentz commented that it was important for Regional staff to work with area municipal staff throughout development of the Strategy and suggested staff prepare a report for future consideration by the Development and Technical Services Committee to outline the City's vision of how it will fit within the Regional Growth Management Strategy process. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That staff prepare a report outlining the City's perspective of how it will fit within the Region of Waterloo's Growth Management Strategy process, for future consideration of the Development and Technical Services Committee." Carried. Mr. Frank Engrich attended in response to notification received from the City's By-law Enforcement Division concerning an infraction notice for his property at 107 Activa Avenue. He explained that a motor vehicle is currently parked in his driveway that does not have a validation sticker and the notification requires its removal. He provided a photograph of the car and advised that the only reason the vehicle is outside is because the two-car garage contains building materials for a fence and a boat. Mr. Engrich expressed concern that City staff had not spoken to him prior to sending notification and asked that he be granted an extension into the Spring of this year to permit an opportunity to complete construction of the fence and to clear space in the garage to accommodate the vehicle. In response to a question from Councillor M. Galloway, Mr. G. Sosnoski suggested that the request for extension be referred back to staff for comment at the January 20, 2003 Finance and Corporate Services Committee meeting and, if appropriate, any recommendation arising from the Committee meeting could then be forwarded to the special Council meeting the same date. Councillor Galloway COUNCIL MINUTES JANUARY 13, 2003 7 CITY OF KITCHENER requested that, in the interim, staff be directed not to enforce the infraction. Councillor B. Vrbanovic further requested that Mr. Engrich not be required to attend the Committee meeting if staff conclude they are in support of the requested extension. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That By-law Enforcement staff be directed not to enforce a lot maintenance infraction pertaining to 107 Activa Avenue, pending preparation of a report outlining their position with respect to the request of Mr. Frank Engrich for an extension into the Spring of 2003 for removal of a motor vehicle from his driveway; and further, That this matter be dealt with at the January 20, 2003 Finance and Corporate Services Committee meeting and, if necessary, any recommendation be referred to the special Council meeting that date." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Council was in receipt of Development and Technical Services Department report DTS-03-013 (Private Wells - Addendum), dated January 13, 2003, containing a recommendation intended to replace the deferral recommendation listed in Clause 10 of the Development and Technical Services Committee report. In response to a question of Councillor C. Weylie, Mayor C. Zehr clarified that the purpose of the effective date of October 1, 2003 in # 4 of the staff recommendation is to provide opportunity for the Cities of Cambridge and Waterloo to consider adoption of similar regulations for all lands within their respective municipalities prior to implementation by the City of Kitchener. On motion by Councillor C. Weylie, seconded by Councillor M. Galloway, it was agreed to replace the deferral recommendation in Clause 10 of the Committee report with the staff recommendation contained in report DTS-03-013. The report was voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Carried, as Amended. Clause 10 - Carried. Balance of report - Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Community Services 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." On motion by Councillor M. Galloway, seconded by Councillor B. Vrbanovic, it was agreed to replace the deferral recommendation listed in Clause 4 of the Finance and Corporate Services Committee report, concerning a request from the Association of Municipalities of Ontario for a financial contribution to their 'Bill 210 Fund', with a recommendation to provide a $2,000. contribution. The report was voted on Clause by Clause. JANUARY 13, 2003 COUNCIL MINUTES -8- CITY OF KITCHENER Clause 4 - Carried. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Council acknowledged receipt this date of a letter from Mr. Richard Haalboom, dated January 13, 2003, concerning Clauses 5 and 6 of the Heritage Kitchener report and properties within the Upper Doon Heritage Conservation District. The report was put to a vote and Carried. Council agreed to a request from Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add three by-laws to the agenda for three readings this date. The first by-law relates to Clause 1 of the Finance and Corporate Services Committee report concerning an amendment to Chapter 25 of the City's Municipal Code. The two remaining by-laws relate to Clause 10 of the Development and Technical Services Committee report of this date dealing with amendments to the City's Zoning By-law 85-1 with respect to regulations governing private wells. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for a 2003 Interim Tax Levy and for the payment of 2003 Interim Taxes. (b) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (c) Being a by-law to provide for the widening of part of Church Street as a public highway in the City of Kitchener. (d) Being a by-law to exempt certain lots from Part Lot Control - Lot 204, Registered Plan 1441 - Folkstone Crescent. (e) Being a by-law to exempt certain lots from Part Lot Control - Block 5, Registered Plan 58M-55 - Windflower Crescent. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code regarding Procedure. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Private Wells (Inner City). (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Private Wells (City-Wide). 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. JANUARY 13, 2003 COUNCIL MINUTES -9- CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "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." Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) Carried. Being a by-law to provide for a 2003 Interim Tax Levy and for the payment of 2003 Interim Taxes. (By-law No. 2003-3) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2003-4) Being a by-law to provide for the widening of part of Church Street as a public highway in the City of Kitchener. (By-law No. 2003-5) Being a by-law to exempt certain lots from Part Lot Control - Lot 204, Registered Plan 1441 - Folkstone Crescent. (By-law No. 2003-6) Being a by-law to exempt certain lots from Part Lot Control - Block 5, Registered Plan 58M-55 - Windflower Crescent. (By-law No. 2003-7) To confirm all actions and proceedings of the Council. (By-law No. 2003-8) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code regarding Procedure. (By-law No. 2003-9) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Private Wells (Inner City). (By-law No. 2003-10) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City Initiated - Private Wells (City-Wide). (By-law No. 2003-11) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. JANUARY 13, 2003 COUNCIL MINUTES -10- CITY OF KITCHENER On motion, the meeting adjourned at 8:30 p.m. MAYOR CLERK COUNCIL MINUTES JANUARY 13, 2003 -11 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That the City of Kitchener Annual Audit Report for the period January - October 2002, attached to Development and Technical Services Department report DTS-02-269, be accepted; said report having been prepared to indicate that the stormwater management (SWM) facilities being provided meet the volume of stormwater resulting from infill/redevelopment sites; and further, That the Report be forwarded to the Grand River Conservation Authority, the Region of Waterloo and any other applicable agencies for their information. That the request of Mr. B. Hermsen submitted on behalf of Tanem Developments Limited for exemption from Council Policy 1-652, Emergency and Secondary Access Policy in regards to the future development on a portion of the property municipally known as 787 Morrison Road (former Sims Estate) to allow a cul-de-sac (Street A) to be 418 metres in length with an emergency access rather than a maximum of 300 metres, in addition to allowing the emergency access to be located a maximum of 200 metres from the end of the cul-de-sac rather than 150 metres, be approved, subject to the following conditions to be implemented through future planning approval: a) that all dwellings within the development be required to connect to the Direct Detect Fire Monitoring System. b) that all dwellings constructed within the portion of the development 150 metres from the intersection of the internal road and the emergency access to the end of the cul-de-sac, be required to have sprinkler systems built into each dwelling as a further fire protection measure, or that an alternate development design be provided to the satisfaction of the General Manager of the Development and Technical Services Department. (Dealt with under Delegations and Carried, as Amended) That effective February 1, 2003, existing City parking facilities be renamed to reflect the location of each parking facility, as outlined in 'Table 1 - Lot Names' of Development and Technical Services Department report DTS-02-273; and further, That Off- Street Parking By-law 88-169 be amended accordingly. That parking be prohibited on the south side of Veronica Drive from Kinzie Avenue to a point 51 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. That Huron Road between its south limit (south of Battler Road) and Biehn Drive be renamed to "Old Huron Road" with existing house numbers (#114 - 430) remaining the same; and, That Huron Road between Biehn Drive and its north limit (north of Old Huron Court) be renamed to "Old Huron Place" and that the existing house numbers be revised from #40 - 84 to #540 - 584); and, That New Huron Road between Homer Watson Boulevard and Strasburg Road be renamed to "Huron Road"; and, That Legal Services and Legislated Services be instructed to prepare the necessary by-law and proceed with the legal name change process; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited at any time on the south side of Ardelt Avenue from Hanson Avenue to a point 125 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. JANUARY 13, 2003 COUNCIL MINUTES -12- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) Whereas the City of Kitchener Economic Development Advisory Committee has a very strong concern regarding Downtown school closures. That as an advisory board to the City of Kitchener, the Committee suggests that the school boards immediately enter into a partnership with municipalities, business leaders and neighbourhood associations to develop a plan regarding future school resources that has the consensus of all parties. That traffic control conditions remain as is at the intersection of "Old" Huron Road and Battler Road; and further, That Transportation Planning review the intersection of "Old" Huron Road and Battler Road once Templewood Drive is extended to "New" Huron Road. That parking be prohibited at any time on both sides of Sydenham Street from 8:00am to 8:00pm, Monday to Friday; and, That parking be prohibited at any time on both sides of Durham Street from 8:00am to 5:00pm, Monday to Friday; and, That the current parking regulations on Old Mill Road, Doon Valley Drive, Amherst Drive, Pinnacle Drive and Orchard Mill Crescent remain as is; and further, That the Uniform Traffic By-law be amended accordingly. 10. That Zone Change Application ZC 02/29/TC/TB (Private Wells - City Initiated) to add a new regulation to Section 5 - General Regulations to the Kitchener Zoning By-law applying to all lands within the Inner City area (bounded by the Conestoga Parkway, Westmount Road and the City's northern boundary with the City of Waterloo), be approved, in the form shown in the "Proposed By-law" dated January 7, 2003 designated as Appendix "A", as attached to Development and Technical Services Department report DTS-03-013; and, That three readings of the "Proposed By-law" designated as Appendix "A" be given at the January 13, 2003 Council meeting and the by-law, together with a copy of report DTS-03-013, be forwarded to the Cities of Cambridge and Waterloo with the request that they consider adoption of similar regulations for their respective municipalities; and, That extension of the regulations contained in Paragraph 1 above, be endorsed in principle, to all lands in the City of Kitchener, provided that the Cities of Cambridge and Waterloo adopt similar regulations for their respective municipalities prior to September 29, 2003; and further, That three readings of the "Proposed By-law" dated January 8, 2003 designated as Appendix "B", be given at the January 13, 2003 Council meeting in the form as attached to report DTS- 03-013 and recognizing that the effective date of the by-law is October 1, 2003. 11. WHEREAS Council recognizes the value to the community as a whole, of maintaining a well managed and high standard road infrastructure system; and, WHEREAS the proposed Capital budget for street resurfacing does not meet current road funding needs, while a sustained level of additional funding will have the greatest overall impact in achieving the best overall level of road standard. NOW THEREFORE BE IT RESOLVED with respect to Funding of the Capital Road Rehabilitation Program - 2003 - 2012, that Council endorse additional funding levels of up to $250,000, achieved from any savings realized from Capital reconstruction projects, during 2003 and 2004; and, COUNCIL MINUTES JANUARY 13, 2003 -13- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 11 (Cont'd) BE IT FURTHER RESERVED that in the event there is additional funding of $250,000 from the Charles/Benton Street Parking Garage account, that it be transferred to the road resurfacing account in each of years 2005, 2006 and 2007. 12. That the petition attached to the correspondence dated January 2, 2003 received from Ms. Mary Ann Wasilka as well as her letter be referred to the February 17, 2003 Development and Technical Services Committee meeting for consideration; and further, That Transportation Planning staff prepare a report addressing both the petitioners' request for an adult crossing guard at the intersection of Frederick and Lancaster Streets and other pedestrian safety concerns raised in Ms. Wasilka's letter respecting the site plan and vehicular turning movements into and out of the Tim Horton's Restaurant site located on the southwest corner of Frederick/Lancaster Streets. COMMUNITY SERVICES COMMITTEE - That subject to final approval as part of the 2003 Operating budget process, the 2003 annual minor sports grants as outlined in Community Services Department report CSD-03-005, be revised to $511,690. from $507,691., which incorporates the following recommendations relative to new requests received from organizations for funding: a) That an annual minor sports grant in the amount of $2,708. be approved in 2003 for the Track 3 Ski School. b) That an annual minor sports grant in the amount of $1,291. be approved in 2003 for the Conestoga Sailing School. That the 2003 Action Plan of the Kitchener Youth Action Council, as presented to the Community Services Committee on January 6, 2003, be approved. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an agreement with the Serbian Orthodox Church, as attached to Community Services Department report CSD-03-006, reserving certain space within the Williamsburg Cemetery for persons of an Orthodox faith. WHEREAS Council by resolution dated June 17, 2002 supported ratification of the Kyoto Protocol in recognition of the need to address global climate warming trends; and, WHEREAS over the past several years Southern Ontario has experienced warmer than normal winter weather conditions that have created difficulty in preparing and maintaining a safe natural ice skating surface on Victoria Park Lake; further complicated by the impact that use of the lake as a storm water management facility has had on the ice surface; and, WHEREAS Council has responsibility to ensure the health and safety of the public at large, as well as City employees in their work environment; NOW THEREFORE BE IT RESOLVED that the Victoria Park Lake Ice Skating Program regrettably be suspended, for reasons outlined above and as further detailed in Community Services Department report CSD-03-003; and, BE IT FURTHER RESOLVED that monies not expended for maintenance of the lake ice surface be transferred to a reserve fund to be drawn upon by future Councils, to either: re- instate the Victoria Park Lake Ice Skating Program should future winter weather conditions permit, or be used to fund alternative artificial ice skating surfaces. JANUARY 13, 2003 COUNCIL MINUTES -14- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - That to comply with the Municipal Act, 2001, a by-law be prepared for Council's consideration to amend Sections 25.4.6 (a) (3) and 25.8.11 (b) of Municipal Code Chapter 25 (COUNCIL - PROCEDURE), as outlined in Corporate Services Department report CRPS-02-294; and further, That Section 25.10.5 of Municipal Code Chapter 25 be amended to reflect the changes made in the Standing Committees of Council. That the General Manager of Financial Services & City Treasurer, or designate, be delegated authority to sign the three-year contract for Cash Handling Services, subject to the satisfaction of the City Solicitor. That a report be presented at the February 3, 2003 Finance & Corporate Services Committee meeting recommending rate adjustments for water and sewer, effective March 1, 2003. That the request of the Association of Municipalities of Ontario for a financial contribution to their 'Bill 210 Fund' in the amount of $2,000., be approved. That slope stabilization of Schneider Creek at the Goderich-Exeter Railway line, located south of Balzer Road, be undertaken and completed within the first quarter of 2003. That Council Policy 1-180 - (Agreements & Contracts - Enhancement, Extension or Renewal of) be amended as set out in the 'DRAFT' Council Policy Resolution attached to Community Services Department report CSD-02-273. That a new reserve fund entitled the 'Asset Management Reserve Fund' be established to fund: (a) (b) (c) strategic property purchases, as approved from time to time by Council; costs related to the development and maintenance of an Asset Management Strategy; approved projects within the City's capital budget, on a periodic basis; and, That all net proceeds from the sale of City land be allocated to this reserve fund, including $218,629 derived from land sales that occurred in 2002; and further, That the following classes of land sales be excluded from the above policy: (a) (b) (c) (d) sale of park land, which would be returned to the Park Fund; sale of any other land previously allocated to fund specific projects (e.g. Fire Stations); sale of industrial land; and, sale of land in the 'Centre Block'. HERITAGE KITCHENER - (Meetings of December 3, 2002 and January 7, 2003) 1. That with regret, we accept the resignation of Mr. R. Green from Heritage Kitchener. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 72 Victoria Street South (The Berlin Interior Hardwood Co.) as being of historic and architectural significance, with the specific features of the designation being: COUNCIL MINUTES JANUARY 13, 2003 -15- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 2 (Cont'd) Exterior The roof, roofline, foundation, all exterior elevations and additions including red and yellow brick walls; brick pilasters that separate bays; brick corbelling at roofline; concrete sills and lintels; brick voussoirs; window openings; main entrance portico including doric columns, brick voussoirs, semi-elliptical opening and rounded concrete steps; tie-rods and anchors; yellow brick chimney (single stack), and clean out for the chimney. Interior All exposed heavy timber (post and beam) construction with 4-way steel post caps and metal stirrups, timber capital and support members; all original hardwood and concrete floors on all levels; all concrete and brick walls; all original wood ceilings; original window on interior wall located at the ground floor loading entrance; original freight elevator; column base with concrete casings in basement; original metal door and hardware in basement leading to storage units; exposed cast iron sprinkler system; interior foundation wall in basement; and further, That the City enter into and the Mayor and Clerk be authorized to execute a heritage easement agreement for the property municipally known as 72 Victoria Street South in a form satisfactory to the City Solicitor. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 393 Tilt Drive (Stauffer Log House) as being of historic and architectural significance, with the specific features of the designation being: All exterior elevations of the log house including the fieldstone foundation, square log walls, chinking between logs, vertical boards at gable ends, window openings, windows and sills, doors, front door entrance and opening, window and door wood trim, central gothic dormer, roof and roofline, frieze, corbel capped end chimneys, and stone cellar entrance with flat roof. That pursuant to Section 43 of the Ontario Heritage Act, Heritage Permit Application 2003-V- 01 be approved to alter the designated property municipally known as 2 Hilda Place, located in the Victoria Park Area Heritage Conservation District, by removing the rear addition and replacing it with a deck, altering the front porch, and power washing the brick, as outlined in the application. That pursuant to Section 43 of the Ontario Heritage Act, Heritage Permit Application 2003-V- 02 be approved to permit construction of a new single family dwelling and garage on Lot 1, Registered Plan 58M-230, Oregon Court, located in the Upper Doon Heritage Conservation District, as shown on the plans submitted with the application, using the following building materials and colours: Brick - Canada Brick 'San Antonio' Stone - Arriscraft Stone Citadel 'French Country Blend' Soffits, Fascia, Windows - Sandalwood Shingles - CSR Quantum Driftwood 25 year shingles · Stucco - STO Oatmeal 2095. JANUARY 13, 2003 COUNCIL MINUTES -16- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 6. That pursuant to Section 43 of the Ontario Heritage Act, Heritage Permit Application 2003-V- 03 be approved to permit construction of a single family dwelling and garage on Lot 2, Registered Plan 58M-230, Oregon Court, located in the Upper Doon Heritage Conservation District, as shown on the plans submitted with the application, using the following building materials and colours: · Brick - Canada Brick 'Old Janeston' · Stone - Arriscraft Stone Citadel 'French Country Blend' · Soffits, Fascia, Windows - Sandlewood · Shingles - CSR Quantum Driftwood 25 year shingles · Stucco - STO Oatmeal 2095; and further, That the siting of the building on the lot, in either 'Option A' or 'Option B' as shown on the submitted plans, be at the discretion of the owner. JANUARY 13, 2003 COUNCIL MINUTES -17- CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Nicole Gauthier, Jody Parks and Kelly Daugherty, employed at 1412 Victoria Street North (Mystique), Kitchener, be granted 2003 Adult Entertainment Parlour Attendant Licences." ii) Adult Entertainment Parlour Mr. G. Sosnoski requested consideration of an additional Adult Entertainment Parlour Licence resulting from discussions held earlier this date at an in-camera meeting. He also advised that staff is amending the recommendation to reflect the term of the licence for 8-404 Courtland Avenue East be for a four-month term due to an outstanding by-law matter. It was resolved: "That Cheryl Edwards be granted a 2003 Adult Entertainment Parlour Licence for 1412 Victoria Street North, Kitchener; and further, That Randy Zivkovic be granted a 2003 Adult Entertainment Parlour Licence for 8-404 Courtland Avenue East, Kitchener, for a 4-month term from January 1 to April 30, 2003." - and - "That Brad Baumbach be granted a 2003 Adult Entertainment Parlour Licence for 2271 Kingsway Drive, Kitchener, for a 4-month term from January 1 to April 30, 2003." iii) Permanent Vendor / Place of Refreshment It was resolved: "That a 2003 Permanent Vendor / Place of Refreshment Licence be granted to Tuyet Huong Tram, to operate a business known as the Happy Family Restaurant at 16 College Street, Kitchener." 2. Compliance with Restrictions - 10 Washburn Drive It was resolved: "That on January 6, 2003, the property described as Part 6 on Reference Plan 58R- 11564 and municipally known as 10 Washburn Drive, Kitchener complied with the restrictions set out in a Schedule to Instrument No. 1497755; and further, That the City consents to a transfer from Costa Verde Construction Inc. to 1011202 Ontario Limited and a lease from 10911202 Ontario Limited to Siemens Canada Ltd. of the property described as Part 6 on Reference Plan 58R-11564 and municipally known as 10 Washburn Drive, Kitchener." JANUARY 13, 2003 COUNCIL MINUTES -18- CITY OF KITCHENER B= COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 3. Access Aqreement - Glasqow Street Road Allowance It was resolved: "That the Mayor and Clerk be authorized to execute an agreement between the City and the Regional Municipality of Waterloo to permit the Region access to the Glasgow Street road allowance in the vicinity of Earl Street for the purpose of locating a watermain using a hydraulic driller." 4. Tender Dealt with under Delegations. 5. Si.qnin.q Authorities - City Bank Accounts Council was in receipt of Financial Services Department report FIN-03-002 (P. Houston), dated January 7, 2003. It was resolved: "That Council approve the signing authorities for the City's bank accounts as outlined in staff report FIN-03-002, dated January 7, 2003." 6. Sale of Tickets - Canadian National Institute for the Blind, Ontario Division = Council was in receipt of Corporate Services Department report CRPS-02-290 (J. Koppeser), dated December 19, 2002, advising of no objection to permission being granted to sell tickets. It was resolved: "That the City of Kitchener has no objection to The Canadian National Institute for the Blind, Ontario Division, 1929 Bayview Avenue, Toronto, Ontario, M4G 3E8, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held from April 2, 2003 to April 18, 2003 at the Offices of Bearingpoint LP, 200 Consumers Rd., Suite 500, Willowdale, Ontario." Committee of Adjustment Decision Dealt with under Delegations.