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HomeMy WebLinkAboutCouncil Minutes - 2003-09-29COUNCIL MINUTES SEPTEMBER 29, 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 Victoria Whiteman, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held September 15, 2003, and special meetings held September 15 and 22, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. Larry Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor M. Galloway disclosed a pecuniary interest and abstained from all discussion and voting concerning Expression of Interest E03-047, Consultant Services - Leisure Facilities Master Plan, as a family member is principle in the firm of F.J. Galloway Associates Inc. Mr. Gordon responded to questions concerning E03-047 advising that it is not uncommon for several consulting firms to join together in bidding on certain tenders, each having their own area of expertise to add to the project. Mr. Gordon also agreed to provide Council with an estimated completion date for the Leisure Facilities Master Plan Study. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Expression of Interest E03-048, Consultant Services - Theresa Street (Victoria Street to Park Street), Henry Street (Victoria Street to Devon Street) and Devon Street (Henry Street to Park Street), be awarded to Cumming Cockburn Limited, Waterloo at their estimated fee of $98,813.86, including a contingency of $8,395.40 and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Expression of Interest E03-047, Consultant Services - Leisure Facilities Master Plan, be awarded to the consulting team of F.J. Galloway Associates Inc., London, Green Scheels Pidgeon Planning Consultants Limited, Kitchener, Totten Sims Hubicki Associates (1997) Limited, Kitchener and Insights Market Research Limited, London, at their fee of $148,304.14, including disbursements and G.S.T., based on a satisfactory contract being negotiated; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Councillor M. Galloway previously disclosed a pecuniary interest and abstained from all discussion and voting concerning Expression of Interest E03-047, Consultant Services - Leisure Facilities Master Plan, as a family member is principle in the firm of F.J. Galloway Associates Inc. Mr. Ted Potworka provided an overview of the 2003 Communities in Bloom competition which Kitchener has been participating in since 1995 and expressed the opinion that the competition has inspired a contagious pride within the community through horticultural beautification of homes and businesses. He advised that in the last six years the City has participated in the Business Awards Program and during that time 250 businesses have been nominated. Messrs. Terry Boutilier and Brian Page provided details of the Business Awards presentations and to announce categories and winners as outlined below. Mayor C. Zehr and Councillor G. Lorentz presented the 2003 Business Awards to the property owner, designer and maintenance firm for the winning properties of the competition as follows: SEPTEMBER 29, 2003 Larqe Scale Commercial COUNCIL MINUTES - 369 - Business Awards Proqram CITY OF KITCHENER · 675 Riverbend Drive - Theresa Pisciotto (McCarter, Grespan, Robson, Beynon, Barristers and Solicitors) and Steve Snyder (Grobe Nurseries), designer and maintenance firm. Small Scale Commercial · 507 Frederick Street - Leanne and Henry Walser (Henry Walser Funeral Home) and Kathy Pinnell (Peter Grobe, Grobe Nurseries), designer and maintenance firm. Industrial · 1490 Battler Road - Robert Brohman (Conestoga Electric) and Beryle Maclntyre (Stay-Green Lawn and Garden Specialists), maintenance firm. Multi-Residential · 1250 Weber Street East - Nick Mansion (Emmanuel Village Homes [Kitchener] Inc.) and Perry Grobe (Grobe Design Group), designer and maintenance firm. Ms. Brenda Gabet, Canada Post, presented a brief overview of the Residential Awards Program and spoke of the involvement of Canada Post letter carriers in seeking nominations for the Awards. Each of the six Ward Councillors then presented Awards to residential winners as follows: Residential Awards Proqram · William Cullen - 25 Dieppe Avenue · Lorne & Eve Miller- 197 Springmount Place · Tom & Shelley DeFrancisco - 481 Mill Park Drive · John & Elaine Wilfong - 5 Mitierra Drive · Ron & Bev Roeder- 30 Cricket Hollow · Bob & Amy Wiffen - 47 Aberdeen Road Ms. Gabet then called on Mayor C. Zehr and Councillor G. Lorentz to present the Award for City Champion. City Champion - Residential · Ron & Bev Roeder- 30 Cricket Hollow The Letter Carrier Award was presented to David Kavelman, 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 extended congratulations on behalf of Council and Kitchener citizens to all those who supported, and participated in, the Program. He also remarked on the positive effects of the program and the inspiring displays of horticulture. Ms. Jo-Ann Hutchison attended to provide a brief overview of the Ontario Senior of the Year Awards established in 1994 to provide each municipality with an opportunity to honour one outstanding local senior. Mayor C. Zehr then presented Ms. Doreen King with the Ontario Senior of the Year Award for her many contributions to seniors programs in the Kitchener community. Ms. Hutchison also provided an overview and announced the winners of a City-initiated Citizen Involvement Awards Program in recognition of Neighbourhood Associations that have been instrumental in making their neighbourhoods both thriving and safer places for all to live. Mayor C. Zehr and each of the six Ward Councillors then presented the Citizen Involvement Awards to representatives of nine Neighbourhood Associations, as follows: SEPTEMBER 29, 2003 COUNCIL MINUTES - 370 - CITY OF KITCHENER Citizen Involvement Awards Proqram · Northward Neighbourhood Association · Civic Centre Neighbourhood Association · Grand Hill Village Neighbourhood Association · Pinegrove Community Association · Lower Doon Neighbourhood Association · Caryndale Neighbourhood Association · Chandler-Mowat Neighbourhood Association · Forest Hill Neighbourhood Association · Cedar Hill Community Group Ms. J. Hutchison then provided an overview of the Parks and Recreation Ontario (PRO) Community Awards and announced the respective winners in each of the three categories as outlined below. Mayor C. Zehr and each of the six Ward Councillors presented the PRO Community Awards to representatives of fourteen Neighbourhood Associations and community groups for their contributions to the growth of recreation and leisure opportunities for citizens of the community, as follows: Certificate of Merit - 8 years · Kitchener Senior Volunteer Services Inc. Honourary Award - 15 years · MilI-Courtland Neighbourhood Association · Victoria Park Neighbourhood Association Achievement Award - 20 years · Marmo Travel Club Inc. · Central Frederick Neighbourhood Association · Mount Hope-Breithaupt Park Neighbourhood Association · Centreville-Chicopee Community Association · Stanley Park Community Association · Kingsdale Neighbourhood Association · Auditorium Neighbourhood Association · Doon Pioneer Park Community Association · Country Hills Recreation Association · Forest Heights Community Association · Highland-Stirling Community Group Mr. Dan Graham provided an overview of the 2003 Blues, Brews and Barbecues Festival held in the Civic Square on August 8-9 and provided complementary Festival programs and CDs to members of Council and senior staff. He commented on the events which included the talents of many local musicians, awards and a silent auction. He advised that Festival volunteers formed a newly incorporated group, 'Kitchener Blues Community Inc.', consisting of a twelve-member board and whose mandate is to keep the Festival in the Downtown; provide a majority of events free of charge; and to support local home-grown talent. Mr. Graham thanked the City of Kitchener, the Kitchener Downtown Business Association, corporate sponsors and volunteers, for their support of the program. Council was in receipt of a written submission and supporting background material from the Pinegrove Community Association, dated September 29, 2003, concerning preservation of the Grand Hill Esker located to the east of the intersection of King Street East and the King Street By-pass (Highway 8). It was noted in the submission that provision to preserve the esker, by designating the lands 'Open Space', was included in Official Plan Amendment No. 27, adopted by Kitchener Council in 1984 and which came into effect on April 11, 1985. When the City's new Official Plan was adopted in 1994 designation of the esker was inadvertently omitted and was not included in the Plan. Mr. Bob McColl, representing the Pinegrove Community Association, attended in support of the Association's concerns respecting a newly proposed commercial development at 4278 King Street COUNCIL MINUTES SEPTEMBER 29, 2003 - 371 - CITY OF KITCHENER East, located on a portion of the esker. He commented that the esker forms a natural sound berm, alleviating traffic noise from adjacent Highway 8 and also serves as a recharge filtering system for private wells. Mr. McColl acknowledged that it is too late to change designation of the lands for the development at 4278 King Street East; however, he asked that Council direct staff to investigate potential to re-instate the 'Open Space' designation for the remaining portion of the esker. Councillor J. Gazzola displayed photographs identifying changes made to the esker with respect to the property at 4278 King Street East and the remaining portion of the lands. In response to questions, Mr. J. Willmer advised that an error occurred in the mapping process during preparation of the new Official Plan. He also reviewed criteria for downzoning the remaining esker back to an 'Open Space' designation. Following further discussion, Council directed staff to prepare a report outlining options to address the concerns raised by the Pinegrove Community Association with respect to preservation of the remaining portion of the esker. Council was in receipt of correspondence dated September 25, 2003 and supporting background information from Councillor J. Gazzola with respect to concerns raised by residents of 182 to 262 Pioneer Tower Road relative to the resurfacing of their roadway to a tar and stone chip surface. The resurfacing is intended to assist in preserving the heritage character of this area which is in proximity to the historic Pioneer Tower. Mr. Larry Helm and Ms. Lynn Matthews were in attendance as residents and representatives of the homeowners of Pioneer Tower Road affected by the change in road surface. Mr. Helm stated that the residents are very upset, pointing out that Thomasfield Homes was not required to give disclosure with respect to the changes made and no prior notification was given to the residents. He stated that residents are now faced with issues of health and safety risks, noise, property damage, property devaluation and loss of enjoyment of a portion of their properties. He also advised that the new surface is already showing signs of wear, having a serious washboard effect. He acknowledged that provision was made in the original subdivision agreement for this type of road surface to address concerns raised by residents along the older portion of Pioneer Tower Road regarding an existing historical site and who had a desire to maintain a rural characteristic. He stated that the homes along the older portion of the road are not negatively impacted as they are setback further from the road and expressed the opinion that aesthetically the road surface is out of character with the newer, more modern section of the subdivision. He pointed out that the road no longer extends to the historical site and asked that steps be taken to return the roadway to a paved surface, along with traffic calming measures to reduce speeding and in the interim, a street sweeping process be undertaken. In addition, he asked that Council direct a review of planning policies to ensure similar circumstances are avoided in future. Mr. Bill Green, Green Scheels Pidgeon Planning Consultants, attended on behalf of Thomasfield Homes and advised that his client has no objection to working with residents to pursue an appropriate solution to their concerns. He noted that the road surface was only one element of the subdivision agreement, which was developed through extensive consultation with two area neighbourhood associations. He stated that discussions respecting how to achieve a desired rural characteristic for Pioneer Tower Road resulted in the provision to modify the design of certain roads in the community that were not considered to be primary traffic routes. He pointed out that the road is not substandard, having been constructed with a proper road base and the tar and chip surface applied to the surface. He disagreed with comments made that suggest his client has kept this provision hidden, pointing out that it is one of many conditions contained in the agreement that similarly do not require disclosure and residents should have received copies of the agreement from their solicitor. Mr. Green advised that his client has completed all works in accordance with design requirements and only the street sweeping and rolling process remains outstanding, which is to take place during the coming week. Councillor J. Gazzola presented photographs demonstrating the differences between a tar and stone chip and asphalt surfaces; the washboarding effect; accumulation of road dust; and setbacks of area homes. He suggested that the desired rural characteristic could still be achieved with an asphalt road surface. In response to questions, Mr. D. Mansell noted that there are additional portions of Pioneer Tower Road yet to be converted to the tar and chip surface and advised that developers have been asked not to proceed pending the outcome of these discussions. COUNCIL MINUTES SEPTEMBER 29, 2003 - 372 - CITY OF KITCHENER Councillor J. Gazzola brought forward a motion to return the roadway adjacent to the homes at 182 to 262 Pioneer Tower Road to an asphalt paved surface and to direct a review of planning policies relative to other development areas of the City that may be similarly affected. Mr. J. Fielding requested that staff comment on a potential complication that may impede the City's ability to restore the road back to its original condition. In this regard, Ms. C. Ladd noted that the Pioneer Tower Subdivision Agreement was originally approved by the Ontario Municipal Board (OMB) and advised that any changes to the agreement would require further OMB approval. In response to questions, Ms. Ladd stated that if all parties to the original agreement had no objection to a proposed change, the process of returning to the OMB for approval would not likely be lengthy or costly. Mayor C. Zehr suggested that with exception of the street sweeping process, all other issues to be addressed be deferred and referred to the October 6, 2003 Development and Technical Services Committee meeting and staff report at that time as to the process and costs involved in returning the street to its original condition. In response to a question, Mr. D. Mansell advised that the cost to restore the road would be approximately $40,000.; however, he pointed out that it would not be possible to complete restoration until the Spring of 2004 as temperatures are not conducive to application of an asphalt surface. Councillor J. Gazzola expressed a strong desire to have this pavement situation rectified and asked that consideration be given to supporting his proposed motion 'in principle' as an indication to residents of Council's intention to address their concerns. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That restoration of the Pioneer Tower road surface to a standard asphalt surface along the street frontages of 182 to 262 Pioneer Tower Road be approved, in principle, and staff be directed to review planning policies relative to other development areas of the City that may be intended to have modified road surfaces applied in a similar manner as that of Pioneer Tower Road; and, That staff work with the developer and contractor to ensure the existing tar and chip surface is swept clean of loose material as quickly as possible; and further, That staff report to the October 6, 2003 Development and Technical Services Committee meeting as to the process and costs involved in restoring Pioneer Tower Road to its original condition." Carried. In regard to speeding issues referred to by Mr. Matthews this date, Councillor Gazzola requested that staff conduct speed tests along the appropriate roadways. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 4 of the Community Services Committee report of this date be adopted." Council was in receipt of Community Services Department report CSD-03-151, dated September 26, 2003, respecting an implementation plan for a 2004 City supported soccer season, prepared in accordance with direction outlined in Clause 4 of the Community Services Committee report. Mr. Mark Hildebrand provided an overview of the staff report advising that the implementation plan consists of three components: an abbreviated 2004 winter indoor soccer season at competitive prices, if time and circumstances permit; a successful 2004 summer soccer season developed and implemented at competitive prices for the community; and, development of a strategy to pass the soccer program back to the community within one year. Mr. Hildebrand also advised that the projected budget for the 2004 season is estimated at $60,000. Mr. Frank Holden, President, Kitchener Minor Soccer (KMS), attended to thank City staff for their assistance during the past year in dealing with the financial difficulties of KMS and ensuring provision of a 2003 soccer season. He expressed a desire for this support to continue, commenting that no one outside of the City has come forward in similar fashion. He stated that he did not hold the City SEPTEMBER 29, 2003 COUNCIL MINUTES - 373 - CITY OF KITCHENER responsible for the current status of KMS, commenting that the Club is run by its members and they are responsible for the current financial situation. Councillor G. Lorentz brought forward a motion, seconded by Councillor B. Vrbanovic, to replace Clause 4 of the Committee report, and to direct staff to work with KMS to develop a co-operative agreement to ensure soccer programming is available to the community; to modify the implementation plan for a 2004 City supported soccer program to accommodate any agreement reached with KMS in accordance with specified objectives; and to request KMS to release findings of an audit being conducted by KPMG to City Council when completed. Several members of Council spoke in support of the motion, acknowledging the importance of providing soccer programming to the community. Councillor J. Smola requested clarification with respect to timing of the winter indoor soccer season and Mr. M. Hildebrand advised that if implemented, the program would not start before January 2004 and in effect would be only half of the normal program length. Councillor G. Lorentz appealed to community volunteers to come forward and assist with soccer programming. Mayor C. Zehr asked that staff designate a contact person to receive volunteer requests to ensure a co-ordinated approach. A recorded vote was requested. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That City Council directs staff to work with Kitchener Minor Soccer (KMS) in order to develop a co-operative agreement to ensure that soccer programming is available to the Kitchener community as quickly as possible; and, That staff modify the implementation plan in Community Services Department report CSD-03- 151, dated September 26, 2003, to accommodate any agreement reached with KMS and ensure the operation of the 2004 City supported soccer season, with the following objectives: To put in place an abbreviated 2004 winter indoor season if time and circumstances permit, at competitive prices; To ensure a successful 2004 summer soccer season is developed and implemented, at competitive prices for the community; and, To begin immediately with the development of a strategy to pass the soccer program back to the community within 1 years time; and further, That Council requests that Kitchener Minor Soccer release the findings of the forensic audit, being conducted by KPMG, upon completion of the audit." In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, J. Gazzola, M. Galloway, G. Lorentz and C. Weylie Moved by Councillor C. Weylie Seconded by Councillor M. Galloway Contra: None Carried. "That the report of the Development and Technical Services Committee be adopted." Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried. COUNCIL MINUTES SEPTEMBER 29, 2003 - 374 - CITY OF KITCHENER Councillor J. Gazzola requested that Clause 3 of the Committee report be dealt with separately and advised that he was not in favour of providing the full amount of the grant requested by the Waterloo County and Area Quilt Festival. Council was in receipt of Community Services Department report CSD-03-152, dated September 26, 2003, respecting the City's 2003 Leaf Collection Program, prepared in response to direction given as outlined in Clause 5 of the Committee report. Ms. Christine Legault, Director of Operations, provided an overview of report CSD-03-152, noting that discussions were undertaken with the Region of Waterloo and an agreement has been reached to include collection of bagged leaves in the Region's Yard Waste Program at an incremental cost to the City, calculated on leaves in excess of 750 tonnes at $115. per tonne. She reviewed the program objectives including a public education campaign to raise awareness that raking leaves to the curb will no longer be permitted, and the emphasis to be placed on: mulching / composting; taking leaves to the designated dump sites that will be made available in each of the six Wards; bagging leaves at the curb. Ms. Legault also advised that the Region has agreed to contribute $20,000. toward the education campaign and the incremental costs associated with bagged leaf collection will add an estimated $230,000. - $345,000. to the overall program budget. Staff responded to a number of questions, noting that: discussions are in progress with By-law Enforcement to determine an appropriate deterrent to discourage raking leaves to the curb; additional depots are under consideration and will be included in a total communications package developed to reinforce no raking of leaves to the curb; and heavy leaf areas such as woodlots, will be monitored and where warranted for reasons of safety the City will pick up these leaves that have fallen on City streets. Mayor C. Zehr emphasized that safety is the primary reason for implementing discontinuance of raking leaves to the curb as they can create dangerous road conditions; clog drainage catchbasins; pose a danger to children who play in them; and may be left uncollected due to early winter conditions. Following discussion and consideration and on motion by Councillor G. Lorentz, seconded by Councillor J. Smola, Clause 5 of the Committee's report was replaced with the staff recommendation in CSD-03-152 to approve implementation of a Fall Leaf Collection Program that advises residents not to rake leaves to the curb and provides alternatives. The Community Services Committee report was then voted on clause by clause. Clause 3 - Carried. Clause 4 - Dealt with under Delegations and Carried, Unanimously on a recorded vote. Clause 5 - Carried. Balance of Report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Council was in receipt of Corporate Services Department report CRPS-03-179, dated September 25, 2003, requesting that Clause 4 of the Committee report be amended to revise the requested time period for a noise exemption. Councillor C. Weylie requested that Clause 4 be further amended to include provision for By-law Enforcement staff to take steps to rescind the exemption in the event excessive complaints are received. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, Clause 4 of the Committee report was amended to indicate a revised time period of October 27 - November 30, 2003 and to authorize the Director of By-law Enforcement to take any necessary administrative steps to address the issue of noise in the event an excessive number of complaints are received from area residents. COUNCIL MINUTES SEPTEMBER 29, 2003 - 375 - CITY OF KITCHENER Council was in receipt of Corporate Services Department report CRPS-03-177, dated September 24, 2003, outlining a proposed resolution to be forwarded to the Ministry of Transportation (MT©) respecting maintenance of greenways along Provincial highways within the City. Councillor B. Vrbanovic expressed strong disappointment with MT©'s current maintenance practices and expressed the hope that MT© will take seriously the City's request to improve maintenance of the greenways in question. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 11 of the Finance and Corporate Services Committee report by replacing it with the staff recommendation. Council was in receipt of Financial Services Department report FIN-03-043, dated September 23, 2003, outlining recommendations concerning improvements to the Customer Information System (CIS) previously requested by the Finance and Corporate Services Committee. Councillor J. Gazzola advised that he could not support the staff recommendation based on the significant costs involved and expressed the opinion that this project should not be given priority until considered in context with all other capital projects. He asked that consideration be given to approving the recommendations, in principle, and referring them to the Capital Budget review process. Several members of Council spoke in support of the recommendations, commenting that the CIS program is a major component of the City's customer service base and it is important to continue to upgrade the billing system in keeping with new technology. Mr. J. Fielding advised that in order to address concerns raised, Council could consider deferring the matter to a strategy session on capital expenditure priorities scheduled to take place at a special Council meeting on October 20, 2003, with a final decision to be made at the regular Council meeting to be held later the same date. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the recommendation in Financial Services Department report FIN-03-043 (P. Houston), dated September 23, 2003, replace Clause 7 of the Finance and Corporate Services Committee report of this date and be deferred and referred to the reqular Council meetinq on October 20, 2003, following consideration at a strategy session on capital expenditure priorities to be held as a special Council meeting earlier the same date." Carried. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 4 - Carried, As Amended. Clause 7 - Deferred and referred to the October 20, 2003 Council meeting for further consideration following a strategy session on capital expenditure priorities to be held as a special Council meeting earlier the same date. Clause 11 - Carried, As Amended. Balance of Report - Carried. Mayor C. Zehr commented on Regional issues relative to: allocations approved for affordable housing in support of development of 25 new units on Fischer-Hallman Road in the City of Waterloo; and a draft Pesticide Reduction Public Education Budget and Community Based Social Marketing Plan that has been approved, in principle, and referred to the 2004 budget process. The latter will be circulated to area Municipalities for consideration. Councillor G. Lorentz referred to a recent resolution of the City of Cambridge which petitions the Province to consider implementation of photo radar in urban centres and requested staff to prepare a report and recommendation for consideration at a future Development and Technical Services Committee meeting. COUNCIL MINUTES SEPTEMBER 29, 2003 - 376 - CITY OF KITCHENER Councillor B. Vrbanovic requested staff to review intersections at Lackner Boulevard and Teller Drive and Ottawa Street North and Montcalm Drive to determine if they meet warrant criteria for installation of traffic lights. In addition, he requested staff to undertake a notification process required by Transport Canada, to address concerns raised by residents in the area of Lackner Boulevard and Victoria Street North respecting train whistles. Councillor J. Smola requested that staff also include the railway spur line running behind Mount Hope Street in the notification process. Councillor M. Galloway requested that staff prepare a report for future consideration respecting development of a policy to allow traffic surveys to be undertaken prior to new school openings so that need for a crossing guard or traffic lights can be determined ahead of time and be in place when a school opens. Councillor J. Gazzola requested clarification of projected costs respecting the Downtown Wellness Centre and Victoria Park / Park Street reconstruction projects. Mr. F. Pizzuto provided a breakdown of costs attributed to all partners involved in each of the two projects. Council agreed to a request of G. Sosnoski, General Manager of Corporate Services and City Clerk, to add a by-law for three readings this date to amend the Uniform Traffic By-law, relative to Clause 3 of the Finance and Corporate Services Committee report. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons and the issuing of permits in respect thereof. (e) 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. (f) Being a by-law to designate part of the property municipally known as 437 Pioneer Tower Road in the City of Kitchener as being of cultural heritage value or interest. (g) Being a by-law to provide for the establishing and laying out of part of Highgate Road as a public highway in the City of Kitchener. (h) To confirm all actions and proceedings of the Council. (i) Being a by-law to amend By-law 2000-159, as amended, to regulate traffic and parking on highways under the jurisdiction of the Corporation of 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. Zehr appointed Councillor M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES SEPTEMBER 29, 2003 - 377 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "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. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter regarding By-law Enforcement. 110 of The City of Kitchener Municipal Code (By-law No. 2003-174) (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2003-175) (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2003-176) (d) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons and the issuing of permits in respect thereof. (By-law No. 2003-177) (e) 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. 2003-178) (f) Being a by-law to designate part of the property municipally known as 437 Pioneer Tower Road in the City of Kitchener as being of cultural heritage value or interest. (By-law No. 2003-179) (g) Being a by-law to provide for the establishing and laying out of part of Highgate Road as a public highway in the City of Kitchener. (By-law No. 2003-180) (h) To confirm all actions and proceedings of the Council. (i) (By-law No. 2003-181) Being a by-law to amend By-law 2000-159, as amended, to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. By-law No. 2003-182) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. SEPTEMBER 29, 2003 COUNCIL MINUTES - 378 - CITY OF KITCHENER On motion, the meeting adjourned at 10:15 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 29, 2003 - 379 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That consideration of Development and Technical Services Department reports DTS-03-122 (Subdivision 30T-96004 and Zone Change Application ZC 96/30/P/JG - JHS Properties Ltd., Pioneer Tower Road) and DTS-03-147 (Addendum to DTS-03-122 - recommendation #1) be deferred and referred to the October 6, 2003 Development and Technical Services Committee meeting; and, That a meeting be held involving City staff, Regional staff, JHS Properties, and other parties with an interest in these applications for the purpose of finding a means of preserving the entire Sherk property including the barn and spring house foundation; and further, That staff prepare a report for consideration at the Committee meeting. That approval be granted to the owner, Heffner Investments Limited, to act as the City's agent and initiate the process of de-registering RP 1762 through a Judge's Order including the conveyance of Heffner Court and Block 2 (storm water management block) from the City to Heffner Investments Limited and de-register any easements granted to the City that are deemed not to be required. It is the opinion of this Committee that approval is proper planning for the City. That Demolition Control Application DC 03/07/K/DR (Heffner Investments Limited), requesting approval for the demolition of two single detached dwellings, located at 3085 and 3095 King Street, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Kitchener Bylaw 2003-11 (Private Wells), approved by City Council on January 13, 2003 and scheduled to take effect on October 1,2003, not be rescinded. A. That the following operational changes for the Building Division and the Fire Prevention Division be approved: Plan Examination: · That after consultation with Fire Prevention, Building Division staff will provide comments for Site Plan Applications and identify those items which are under the authority of the Ontario Fire Code, · That Building Division staff will complete Fire Code plan review on behalf of Fire Prevention for building permits. Building Inspection: · That Building Inspection staff will sign off applications for new licenses and Fire's signature will be eliminated, · That Fire Prevention staff will sign off applications for existing licenses and Building Division staffs signature will be eliminated, · That only Plumbing Inspection staff will sign off for all licenses, · That subject to achieving Provincial certification/accreditation for this work similar to that required for building inspectors, Fire Prevention staff be appointed as building inspectors under Chapter 101 of the City of Kitchener Municipal Code for the purpose of completing inspections for building permits issued for Inspection Orders or Notices. B. That the following joint activities (inter-dependence) be acknowledged: · Pre-occupancy joint inspection walk-throughs for identification of special features, tactical issues, fire safety plans, fire extinguishers and exiting, COUNCIL MINUTES SEPTEMBER 29, 2003 - 380 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) · Partial occupancy joint inspections to confirm the adequacy of access route locations, interim tactical fire suppression plans, and identification of floors to be occupied. C. That the following Performance Objectives be approved: To eliminate the duplication in plan examination and inspections between Building and Fire staff for new permits and licenses, To assure that permits for work done pursuant to Inspection Orders and Notices receive the prerequisite permits, To increase the level of communication between Building and Fire by improved relationships and interaction, The Building Division is to provide monthly reports for Fire Prevention identifying permit activity for industrial commercial, institutional and multi-residential projects. D. Opportunities: · That priority be g~ven to ensure that Fire Prevention staff are each connected to AMANDA so that they are able to complete and record their required inspections for building permits and license applications, and further, E. That the current organizational and reporting structures for the Building and Fire Prevention Division's within the Development and Technical Services Department be retained, and that staff be directed to complete the operational recommendations as identified in the report. COMMUNITY SERVICES COMMITTEE - 1. That acquisition of barrier free equipment in the amount of $6,310., including a Stage Right Ramp ($3,100.) and Assistive Listening Devices ($3,210.), be approved, to increase accessibility at City Hall cultural events and that this expenditure be funded by the Public Art Trust Fund. 2. That a one time general provision grant in the amount of $2,000. be approved to Neruda Productions to assist with expenses related to Caf~ Cabaret productions. 3. That a one time general provision grant in the amount of $5,000. be approved to the Waterloo County & Area Quilt Festival. 4. That City Council directs staff to work with Kitchener Minor Soccer (KMS) in order to develop a co-operative agreement to ensure that soccer programming is available to the Kitchener community as quickly as possible; and, That staff modify the implementation plan in Community Services Department report CSD-03- 151, dated September 26, 2003, to accommodate any agreement reached with KMS and ensure the operation of the 2004 City supported soccer season, with the following objectives: 1. To put in place an abbreviated 2004 winter indoor season if time and circumstances permit, at competitive prices; 2. To ensure a successful 2004 summer soccer season is developed and implemented, at competitive prices for the community; and, 3. To begin immediately with the development of a strategy to pass the soccer program back to the community within 1 years time; and further, That Council requests that Kitchener Minor Soccer release the findings of the forensic audit, being conducted by KPMG, upon completion of the audit. (Dealt with under Delegations and Carried Unanimously) COUNCIL MINUTES SEPTEMBER 29, 2003 - 381 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. CITY OF KITCHENER That the City of Kitchener approve the implementation of a Fall Leaf Collection Program for 2003 that advises City residents to not rake their leaves to the curb, with the alternatives of taking leaves to dump sites located throughout the City, composting/mulching the material on their property, and bagging leaves for pick-up under the Region of Waterloo's Yard Waste Program. FINANCE AND CORPORATE SERVICES COMMITTEE - That Strategic Services Department report SSD-03-034 concerning termination of the license agreement with Hannah and Glen Santos for summer concessions and ice cream stands in Victoria Park, be received as information. That Downtown Development Department report DD-03-011 concerning the Market Lane Reconstruction project, be received as information. That a by-law be enacted to amend the City of Kitchener's Uniform Traffic By-law 2000-159, to prohibit the parking of vehicles that are unlicensed or leaking gas, oil or other fluids on City highways, and to reflect changes and ensure consistency with the provisions of the Municipal Act, 2001, and the Highway Traffic Act, as outlined in Finance and Corporate Services Department report CRPS-03-157. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Manulife Financial, in order to undertake necessary parking garage repairs at 25 Water Street North, between the hours of 9 PM and 7 AM on Mondays to Fridays, from October 27 to November 30, 2003; and further, That the Director of By-law Enforcement be authorized to take any necessary administrative steps to address the issue of noise in the event an excessive number of complaints are received from area residents. (As Amended) That the Offer to Purchase be accepted from H. Polzl Consulting Limited in Trust for a company to be incorporated for Parts 2 and 7 on Registered Reference Plan 58R-11564, being a parcel of land in the Huron Business Park, Phase III having an area of approximately 8.93 acres, at the price of $80,000. per acre, for a total purchase price of $714,400.; and, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor; and, That the said lands be exempt from the resolution requiring a 2.0 metre berm along the Bleams Road property and in place require a landscape buffer to the satisfaction of the City of Kitchener; and further, That a site plan be submitted and that site plan approval be subject to the loading areas not facing Bleams Road. That the 'Accessibility Plan' dated September 15, 2003, as attached to Community Services Department report CSD-03-147, be adopted as the Annual Accessibility Plan 2003-2004 for the City of Kitchener in accordance with the Ontarians with Disabilities Act, 2001; and further, That should the City of Waterloo, the Township of Woolwich, the Township of Wellesley and the Township of North Dumfries adopt the said Accessibility Plan, the Plan shall be a 'Joint Accessibility Plan' with the participating municipalities pursuant to Section 17(3) of the Ontarians with Disabilities Act (ODA, 2001). COUNCIL MINUTES SEPTEMBER 29, 2003 - 382 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. 10. 11. CITY OF KITCHENER That the following recommendations, to ensure continued sustainability of the Customer Information System (CIS), be approved: 1. To hire developers to increase the complement of the CIS development team: · 2 full time equivalents in 2004 for an eight-year contract term, · 2 full time equivalents in 2004, for a five-year contract term. 2. Budget for the secondment of 2 full time equivalent staff in Revenue and Utilities for inclusion on CIS projects. 3. Provide budget for an additional server for the CIS environment. 4. Continue co-operation and pursuit of opportunities to share development efforts with other municipalities using the CIS product; and further, That the following recommendations be approved, in principle, and be referred to the 2004 Capital Budget Review Process: 1. 2 full time equivalents in 2005, for a five-year contract term, subject to needs assessment and approval by Service Through Technology Committee. 2. 2 full time equivalents for a five-year contract term, for special projects, subject to needs assessment and approval by Service Through Technology Committee. 3. Extend the budget for the current CIS development team complement from 2006 to 2011. 4. Extend the use of the CIS consultant by 2 years, but phase out this service by 2006. (Deferred and referred to the October 20, 2003 Council meeting for further consideration following a strategy session on capital expenditure priorities to be held as a special Council meeting earlier the same date.) That an additional expenditure in the amount of $138,000. be authorized for development related costs which were not anticipated in the original project budget for the development of the City-owned industrial lands on Bingeman Centre Drive (formerly Shirley Avenue). That Strategic Services Department report SSD-03-031, titled 'Shirley Avenue Employment Lands Marketing Plan', be received; and further, That the proposed direction outlined in report SSD-03-031 be approved. That the Economic Development Advisory Committee endorses the proposed uses, pricing structure of the lots and proposed name of the Shirley Avenue Employment Lands to the Grand River West Business Park. That staff participate in the Anti-Littering Task Force, co-ordinated by the Regional Municipality of Waterloo, and report back to City Council at the appropriate time. - and - WHEREAS the Council of the Corporation of the City of Kitchener has expressed a concern with regard to the lack of maintenance, such as grass cutting and litter removal, along the lands adjacent to Provincial highways running through the City of Kitchener; and, WHEREAS the subject lands are under the jurisdiction of the Ministry of Transportation for the Province of Ontario; and, WHEREAS the Ministry of Transportation is responsible for grass cutting and litter removal along the subject areas adjacent to the highways; COUNCIL MINUTES SEPTEMBER 29, 2003 - 383 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 11. CITY OF KITCHENER (Cont'd) THEREFORE BE IT RESOLVED that the Minister of Transportation be requested to ensure more frequent litter removal and grass cutting along the lands adjacent to Provincial highways, under the Ministry's jurisdiction, running through the City of Kitchener; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to all Members of Provincial Parliament for ridings within the City of Kitchener, municipalities within the Waterloo Region and the Regional Municipality of Waterloo. (As Amended) SEPTEMBER 29, 2003 COUNCIL MINUTES - 384 - COMMITTEE OF THE WHOLE CITY OF KITCHENER 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. Doq Desiqnation Appeal Decision It was resolved: "That the September 22, 2003 decision of the Dog Designation Appeal Committee regarding an appeal filed by Steven Atkinson, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." Licensinq Tribunal - Elite Marketinq Council was asked to consider the following resolution regarding the appointment of an alternate member to the tribunal originally appointed on June 16, 2003. It was resolved: "That Councillor C. Weylie be appointed as an alternate member of the tribunal appointed by Council on June 16, 2003, to hold a hearing to determine whether to suspend, revoke or impose conditions with respect to business licence no. 20 03 003104 00 L7, issued to 6002697 Can. Inc." Various Tenders Dealt with under Delegations. Taq Day Request - Royal Canadian Sea Cadets #94 WARSPITE Council was in receipt of correspondence from Mrs. S. Bushfield, Tag Day Co-ordinator, K-W Navy League Branch, dated September 10, 2003, requesting permission to conduct Tag Days on November 21 and 22, 2003. It was resolved: "That the request of the Royal Canadian Sea Cadets #94 WARSPITE to conduct Tag Days on the evening of November 21 and all day November 22, 2003, at various malls, grocery stores, liquor store entrances, as outlined in correspondence from S. Bushfield, dated September 10, 2003, be granted." Committee of Adjustment Decision Council was in receipt of minutes and other background information from D. Gilchrist, Acting Secretary-Treasurer, Committee of Adjustment, regarding a meeting held September 9, 2003. It was resolved: "That the application of Voisin Developments Limited (Submission No. SG 2003-009) requesting permission to erect 5 pylon signs having a height of 9.1 m (29.$5 ft.) rather than the permitted 7.5 m (24.6 ft.), a clearance between the bottom of the sign and grade of 1.9 m (6.25 ft.), rather than the required 2.44 m ($ ft.), and permission for a portion of each sign to contain 3rd party, non-accessory advertising, on Part Lots 46 & SEPTEMBER 29, 2003 COUNCIL MINUTES - 385 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 5. CITY OF KITCHENER Committee of Adiustment Decision - (Cont'd) 47, German Company Tract and Block 39, Registered Plan 1755, 1400 & 1450 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the applicant shall obtain sign permits for all 5 signs prior to them being erected. 2. That the non-accessory (3rd party) advertising shall be limited to only those businesses operating in the Sunrise Shopping Centre." Noise By-law Exemption - Downtown Street Cleaninq Council was in receipt of Corporate Services Department report CRPS-03-178 (S. Turner), dated September 24, 2003. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to permit the Community Services Department, through an independent contractor, to undertake cleaning of the streets and sidewalks in the Downtown Core between the hours of 10:00 p.m. and 6:00 a.m. on various dates between September 29, 2003 and October 9, 2003."