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HomeMy WebLinkAboutCouncil Minutes - 2004-08-30COUNCIL MINUTES AUGUST 30, 2004 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic The meeting began with the singing of "O Canada" by Erika and Sarah Stein, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held June 29, 2004 and special meetings held June 29 and August 16, 2004, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated June 28, 2004 from Ted Arnott, MPP, Waterloo-Wellington, requesting information from the Minister of Transportation on the subject of no funding for local municipalities to undertake road construction. (b) Letter dated July 16, 2004 from Kristen Connolly, Special Assistant - Ontario, Office of the Minister of Transport, acknowledging receipt of Council's resolution supporting a funding package for VIA Rail. Mr. Bryan Isaac, Chair - Kitchener Public Library (KPL) Board, was in attendance to introduce Ms. Sonia Lewis, the new Library Chief Executive Officer. He advised that Ms. Lewis joins the KPL having served 18 1/2 years with the Burlington Public Library in various positions of responsibility. Ms. S. Lewis commented that she looks forward to working with Council and City staff to meet the challenges of providing library services to the community and invited all those in attendance to visit the newest Library branch at the Country Hills Library. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T04-039, Desktop Computers, be awarded to Amsdell Inc., Richmond Hill, Ontario at their tendered price of $130,812.50, including G.S.T. and P.S.T." - and - "That Tender T04-036, Track Type Sidewalk Plow and Sander, be awarded to The Shop Industrial, Lively, Ontario at their tendered price of $113,086, plus optional snow blower attachment at $16,800, plus P.S.T. & G.S.T." - and - "That Tender T04-038, Rubber Tired Four Wheel Drive, Diesel Powered, Articulated Utility Tractors for Sidewalk Snow Plowing and Lawn Mowing, be awarded as follows: One unit to Champion Road Machinery Sales, Brampton, Ontario at their tendered price of $61,400., with optional Salt & Sand Spreader at $3,800., Front Mounted Rotary Mower at $22,200., Snow Blower at $6,450. and Turf Tires at $2,075., plus G.S.T. & P.S.T. One unit to Work Equipment Ltd., Courtland, Ontario at their tendered price of $81,000., with optional Salt & Sand Spreader at $5,005., Two (2) Front Mounted Rotary Mowers at $26,200., Snow Blower at $7,416., Turf Tires at $2,096. and Sidewalk Sweeper at $5,941., plus G.S.T. & P.S.T." - and - "That Tender T04-045, Water Street South Reconstruction (Jubilee Drive to Joseph Street), be awarded to Steed and Evans Limited, Kitchener, at their tendered price of $934,645, including provisional items and contingencies of $116,422.50 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. COUNCIL MINUTES AUGUST 30, 2004 - 301 - CITY OF KITCHENER Council then entered into a discussion regarding tender approvals by the Chief Administrative Officer (CAO) during the Council summer recess, as listed in Item B.2 of the Committee of the Whole agenda. With respect to T04-024 (Light Duty Vehicles), Councillor M. Galloway commented that the vehicle replacement budget appears to remain constant at $1.8M per year and requested clarification as to why this amount remains consistent given replacement needs may fluctuate year to year. He was advised that a fixed budget is set each year to provide a target in approving replacement work. Councillor J. Gazzola stated that he was of the understanding that the CAO was to approve tenders only in instances of urgent matters. Mr. G. Stewart clarified that the CAO is authorized by By-law to approve all tenders during the months of July and August so as not to unnecessarily delay the general business of the City during Council's summer recess. Mr. Stewart also agreed to provide Councillor Gazzola with additional information pertaining to the cost of the two-year maintenance contract relative to P04-046 (Upgrade Existing Rolm PBX at City Hall and Install Node at Fire Headquarters). With regard to E04-042 (Construction Management Firms - Stanley Park Community Centre), Mr. G. Sosnoski clarified that project management for capital projects is still accommodated in-house; however, it was determined to hire a construction manager, in part to deal with workload constraints given the large number of current capital projects. Mr. Joseph Amodeo, a registered delegation regarding Item B.1 of the Committee of the Whole agenda dealing with a decision of the Dog Designation Appeal Committee to affirm a Prohibited Dog designation, did not attend the meeting this date. Council was in receipt this date of an internal memorandum (R. Willms), dated August 24, 2004, relative to Clause 7 of the Community Services Committee report in which additional information is provided concerning a 2004 annual operating and one-time general provision grant for the Festival of Neighbourhoods. Mr. John MacDonald, representative of the Festival of Neighbourhoods, attended in support of the grant request referred to in Clause 7 and distributed documentation outlining the status of the organization's projects to date. He presented members of Council with Festival t-shirts displaying the groups new corporate logo. Mr. MacDonald advised that conditional approval for the grants was given subject to final approval as part of the 2004 budget process; however, the matter inadvertently did not go forward for consideration during the budget review. He stated that the additional funding relates to the hiring of an Event Coordinator and summer student and provides an opportunity to devote time towards planning initiatives and achieving targets. In response to Councillor J. Gazzola, Mr. MacDonald stated that the organization is actively pursuing sponsorships to fund the Coordinator position and hopes to self fund in three years. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 7 of the Community Services Committee report of this date be adopted." Carried. Messrs. John Innanen and Jeff Witt, residents of Greenbrook Drive, attended in support of Clause 7 of the Development and Technical Services Committee report of this date dealing with establishment of a new Traffic Calming Policy. The delegation thanked Council for choosing Greenbrook Drive for inclusion in a Traffic Calming Environmental Assessment (EA) Study and in particular, Councillor G. Lorentz for his support and guidance. Mayor C. Zehr advised that a resident of Deer Ridge Drive was registered as a delegation with respect to traffic calming in that area. He disclosed a pecuniary interest and abstained from all discussion and voting respecting the delegation's presentation as he has purchased a property in the Deer Ridge Drive area. Councillor C. Weylie assumed the Chair for the purpose of conducting this portion of the Council meeting. Mr. Mike Mooney, a resident of Deer Ridge Drive, attended together with area residents, to address issues regarding the priority status of Deer Ridge Drive in respect to the proposed Traffic Calming Policy. He provided updated statistical information, obtained from Mr. John McBride, regarding traffic volumes, vehicle collisions and scoring criteria relative to the EA process. He referred to a petition of area residents, noting that to date 72 signatures have been collected. In lieu of including Deer Ridge Drive in the EA process, Mr. Mooney advised that residents are requesting consideration of interim measures, including: designated bicycle lanes in both directions on Deer Ridge Drive to visually COUNCIL MINUTES AUGUST 30, 2004 - 302 - CITY OF KITCHENER narrow the appearance of the roadway; a formal request by Council to the developer to plant mature trees this Fall; installation of all-way stop controls at functioning intersections; reduction of the speed limit to 40 km/h; and, posting of 'Slow, Children at Play' signs along the street. Mr. Mooney responded to questions, advising that it would be desirable to maintain on-street parking in addition to designated bicycle lanes; however, he indicated that residents would be accepting of reduced on- street parking in order to have the bicycle lanes. In response to Councillor G. Lorentz, Mr. Mooney stated that residents would be willing to work with City staff to develop a road marking design that may allow on-street parking in addition to the bicycle lanes. Councillor J. Gazzola requested that the interim solutions proposed by the delegation be referred to staff for consideration and report back to Council. In addition, he asked that they also investigate concerns related to test driving of motor vehicles on Deer Ridge Drive. Councillor J. Smola noted the importance of involving all area residents and suggested that additional neighbourhood consultation be undertaken as part of the review process. Councillor G. Lorentz suggested that there was opportunity to act now on several of the issues such as sending a strongly worded request to the developer to undertake planting of trees this Fall, painting bicycle lanes on the roadway, and to implement a reduction in the speed limit to 40 km/h. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That correspondence be forwarded to Stantec Development Limited in support of a request by Mr. Mike Mooney on behalf of residents of Deer Ridge Drive, to strongly encourage the developer to undertake tree planting along Deer Ridge Drive in the Fall of 2004." Carried. Council directed that the remaining interim solutions proposed by Mr. Mooney, and including the test driving of motor vehicles on Deer Ridge Drive, be referred to staff for investigation and public consultation with all area residents and a report be brought forward for consideration at the September 20, 2004 Council meeting. Mayor C. Zehr re-assumed the Chair. Mayor Zehr advised that there is growing support at the Provincial level to decrease senior government involvement in certain aspects of municipal government; and, the need to undertake an environmental assessment for traffic calming was specifically identified as an area where Provincial involvement could be alleviated. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 7 of the Development and Technical Services Committee report of this date be adopted." Carried. Mr. Chuck Hammell, Waterloo Cycling Club, was registered as a delegation in regard to the Club's annual Festival de Velo bicycling event; however, was not in attendance this date. Mr. Dan Daly attended in support of Item B.9 of the Committee of the Whole agenda of this date, concerning hiring of a consultant to carry out leadership training of the Corporation's management staff. Mr. Daly responded to a question of Councillor J. Gazzola advising that staff are well satisfied with the quality of work already undertaken by Doug Ure and Associates with senior levels of management; and accordingly, are requesting the normal tender process be waived to permit continuity in leadership training as it continues down through the various levels of management staff. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the requirement under the Purchasing By-law with respect to the quotation process be waived and Doug Ure and Associates be retained to provide Leadership training to 115 managerial staff at the City of Kitchener at a cost of $38,500." Carried. COUNCIL MINUTES AUGUST 30, 2004 - 303 - CITY OF KITCHENER Mr. Peter Gove was registered as a delegation to present a progress report on the Downtown East - 'Ya Gotta Luv It' project; however, did not attend this date. Mr. Anthony Radovic attended in support of Clause 2 of the Finance and Corporate Services Committee report (meeting of August 16, 2004) denying the request to keep pigeons at 77 Ross Avenue. Mr. Radovic advised that he owns adjoining rental properties and has received numerous complaints by tenants regarding damage caused by pigeons. He added that he had incurred expenses relative to the damage and has removed trees from his property to discourage the pigeons from landing. Mr. Glen Wicks, property owner of 77 Ross Avenue, attended to request that Council reverse the Committee's decision and allow him to keep his racing pigeons. He advised that he is a qualified member of the Canadian Racing Pigeon Union Inc. and racing pigeons is a retirement hobby. Mr. Ronson Sandham, President, Canadian Racing Pigeon Union Inc., attended in support of Mr. Wicks' request, advising that Mr. Wicks has taken steps in the past two weeks to bring free flight of his birds under control and suggested that the common street pigeon is now the only cause of problems on the neighbouring property. He requested Council to delay its decision and investigate the matter further. Mr. Sandham responded to questions, advising that most racing pigeons are banded; however, it is possible for an untrained eye to otherwise determine the differences between racing pigeons and street pigeons. Mayor C. Zehr advised that a by-law was recently passed removing Council's authority to approve exemptions for the keeping of pigeons, with an effective date of August 30, 2004 and requested staff to comment on Council's options with respect to Mr. Sandham's request to delay a decision. Mr. G. Sosnoski advised that Council could amend the by-law to extend the effective date but this would require further public notice to be given; or proceed to make a decision this date in accordance with the deadline date in the current by-law. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That Clause 2 of the Finance and Corporate Services Committee report (meeting of August 16, 2004) of this date be adopted." Carried. Council was in receipt of Development and Technical Services Department report DTS-04-120 (G. Stewart), dated July 21,2004, listed under Unfinished Business, concerning establishment of a policy for local improvement works undertaken in conjunction with City construction projects; and as it relates to a local improvement project planned for Rothsay Avenue (from Natchez Road to 150m each of Forfar Avenue). It was noted that a number of residents of Rothsay Avenue were present this date. In response to questions, Mr. G. Stewart commented on the environmental benefits of providing incentive to residential property owners to convert from private wells / septic systems to City services and the cost savings achievable. He added that the policy is not considered onerous to the City as it will apply only in circumstances where the local improvement work can be completed in conjunction with a City construction project. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That a policy be established for Local Improvements constructed under the Municipal Act, 2001, as amended, to include the following: 1. When local improvements are undertaken in conjunction with City construction projects that the City contribute funds to reduce the property owner cost by 25% of the cost of the local improvement for water and/or sewer installation. When a local improvement is undertaken in conjunction with City construction projects and when the project takes place in a well head protection or water recharge area we recommend that the property owner portion be reduced by 50% of the cost of the local improvement. COUNCIL MINUTES AUGUST 30, 2004 - 304 - CITY OF KITCHENER 3. In either case the City contribution would be in addition to applicable costs the City would incur under the legislation; and, That the policy apply to the Local Improvement project planned for Rothsay Avenue from Natchez Road to 150 metres east of Forfar Avenue; and further, That a By-law be prepared for Council's consideration to undertake the construction of sanitary sewers and watermains on both sides of Rothsay Avenue, from Natchez Road to 150 metres east of Forfar Avenue, as a local improvement in accordance with Section 2 of Ontario Regulation 119/03, made under the Municipal Act, 2001 .' Carried. Bob and Dana Zettl attended in support of Item B.7 of the Committee of the Whole agenda of this date, concerning a decision of the Committee of Adjustment to approve sign variance application SG 2004-009 (549 Lancaster Street West). Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the application of Bob & Dana Zettl (549 Lancaster Street West) requesting permission to construct a ground sign 1.52 m (4.98 ft.) from Lancaster Street rather than the required 3.0 m (9.84 ft.), to have a sign height of 3.89 m (12.76 ft.) rather than the permitted 1.5 m (4.92 ft.) and an area of 3.67 m2 (39.5 sq. ft.) rather than the permitted 3 m2 (32.29 sq. ft.), on Part Lots 22 & 23, Registered Plan 577, 549 Lancaster Street West, Kitchener, Ontario, RE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the sign generally as shown on the plans submitted with this application." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 7 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Councillor J. Gazzola asked to be recorded as opposed to Clause 5 of the Community Services Committee report dealing with options for implementation relative to the community centre component of the Leisure Facilities Master Plan. He stated that it was his opinion plans for the MilI-Courtland Community Centre should not be placed ahead of consideration of the needs of other community centres. The Community Services Committee report was then voted on clause by clause. Clause 5 - Carried. Clause 7 - Dealt with under Delegations and Carried. Balance of report - Carried. COUNCIL MINUTES AUGUST 30, 2004 - 305 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Services Committee (meeting of June 29, 2004) be adopted." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Services Committee (meeting of August 16, 2004) be adopted." At the August 16, 2004 Finance and Corporate Services Committee meeting, staff were directed to revise business licence fees toward 100% cost recovery, with the fee increases to be phased-in over a 5 year period. Council was in receipt this date of Corporate Services Department report CRPS-04- 159 (R. Gosse), dated August 27, 2004 recommending 100% cost recovery for all business licences effective January 1, 2005 and a 2% rate of inflation in each of the four years commencing in 2006. Mr. R. Gosse responded to questions, advising that in accordance with legislation a set rate of inflation must be applied and 2% is considered conservative given a large portion of the fees are attributed to staff salaries which have risen at a rate of 3% over the past several years. Mayor C. Zehr pointed out that the by-law could be revisited within its five year lifespan in the event adjustments such as the rate of inflation are deemed necessary. In response to Mayor Zehr, Mr. Gosse provided clarification of the impact to fees should Council decide to take a phased-in approach. He advised that any reduction in cost recovery must be applied equally to all licences regardless of whether the fee increases or decreases. He added that less than half of business licence fees will actually increase making it less desirable from staff's point of view to take a phased- in approach. Councillor J. Gazzola expressed support for 100% cost recovery given businesses have the opportunity to off-set licence fee increases as a business expense. A motion by Councillor M. Galloway, seconded by Councillor C. Weylie, to adopt the Finance and Corporate Services Committee recommendation with respect to new business license fees was subsequently withdrawn. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the recommendation contained in Corporate Services Department report CRPS-04-159 (Business Licence Fees - Addendum to report CRPS-04-149), dated August 27, 2004, be substituted in place of the Finance and Corporate Services Committee recommendation (meeting of August 16, 2004)." Carried. Councillor J. Gazzola stated that he was opposed to the staff recommendation considered by the Finance and Corporate Services Committee on August 16, 2004 concerning funding for testing / profiling under the Corporate Employee Development Program, which was lost on a tie vote. As a result, no formal recommendation is before Council this date. Councillor Gazzola suggested that it would be more appropriate to defer this matter to the 2005 budget review. It was agreed that staff would bring forward a subsequent report for further consideration at an appropriate future date. The Finance and Corporate Services Committee report (meeting of August 16, 2004) was then voted on clause by clause. Clause 2 - Dealt with under Delegations and Carried. Clause 6 - Carried, as Amended. Clause 7 - Motion Redundant and not considered as the matter was considered under Unfinished Business. COUNCIL MINUTES AUGUST 30, 2004 - 306 - CITY OF KITCHENER Balance of report - Carried. Councillor C. Weylie advised that youth using skateboards have caused damage to the Cenotaph, located at the corner of Frederick and Duke Streets. Mr. F. Pizzuto agreed to pursue options for placement of a physical deterrent around the base of the Cenotaph. Councillor Weylie also requested that staff obtain a list of war veterans for the purpose of installing a memorial plaque for Canadians who served in both the World Wars and the Korean War. Mayor C. Zehr advised that this is a matter that should be pursued through the local branch of the Royal Canadian Legion. Mr. G. Sosnoski referred to an earlier request of Council for staff to consider a method of recognition for Canadians who serve overseas in a peacekeeping capacity. In this regard, he pointed out that consideration is being given to moving the Cenotaph to amalgamate with a monument feature at the Auditorium Complex and it was agreed that Councillor Weylie's request be considered as part of this project. Councillor J. Gazzola referred to recent distribution of a pamphlet outlining options for leaf collection within the City and questioned if the details of the program had already been finalized. Mayor C. Zehr advised that the issue of leaf collection was dealt with during the winter months to avoid having to deal with the issue at the start of the leaf collection season. Mr. F. Pizzuto added that staff has experienced a high degree of success with the current leaf collection program and additional information will be provided in a report to the September 13, 2004 Community Services Committee meeting. Councillor J. Gazzola referred to the University of Waterloo - School of Pharmacy proposal, advising that it was his understanding that if funding from senior levels of government was not forthcoming, the project would not go ahead. In view of the Province's decision not to provide capital funding, he questioned if there is now a change in thought with respect to the project. Mayor C. Zehr clarified that it was known at the outset that it was unlikely Provincial capital dollars would be available and the basis for a decision to proceed with the project was centered on obtaining approvals from two Provincial Ministries, being the Ministry of Training, Colleges and Universities and the Ministry of Health, to allow establishment of the School. He pointed out that it was intended that once approvals were in place, the City would undertake raising of funds from within the private sector and senior levels of government over a longer period of time. He stated that it has been clear throughout the process that the City's commitment was necessary and without such commitment the project would undoubtedly have been lost to other interested municipalities. Council agreed to the request of Mr. G. Sosnoski to add five additional by-laws for three readings this date, as follows: a traffic amending by-law relative to Clause 1 of the Finance and Corporate Services Committee report (meeting of August 16, 2004); two zoning amending by-laws, the first relative to Clause 6 of the Development and Technical Services Committee report and the second related to previously approved Zone Change Applications ZC 03/33/L/KS and ZC 03/34/L/KS (233 and 265 Lawrence Avenue): and, two Municipal Code amending by-laws, the first related to Clause 8 of the Finance and Corporate Services Committee report (meeting of August 16, 2004) and the second related to housekeeping amendments to Chapter 115 of the Code respecting the Corporate Management Team. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) 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. (b) Being a by-law to exempt certain lots from Part Lot Control - Lot 109, Registered Plan 1773 - Schueller Street. (c) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. COUNCIL MINUTES AUGUST 30, 2004 - 307 - CITY OF KITCHENER (e) 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. (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Blaze Properties Inc. - Lawrence Avenue. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to amend By-law 2000-159, as amended, to regulate traffic and parking on highways under the jurisdiction of the City of Kitchener. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Monarch Construction Inc. - Doon Mills Drive. (J) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Eiwo Canadian - Lawrence Avenue. Being a by-law to amend Chapter 115 of the City of Kitchener Municipal Code with respect to Corporate Management Team. 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "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. It is noted for the record that Councillor M. Galloway disclosed a pecuniary interest and abstained from all discussion and voting with respect to Clause B.2 vii) of the Committee of the Whole minutes of this date as he is a relative of the principal of the consulting firm being awarded the contract. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) 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. 2004-166) (b) Being a by-law to exempt certain lots from Part Lot Control - Lot 109, Registered Plan 1773 - Schueller Street. (By-law No. 2004-167) AUGUST 30, 2004 COUNCIL MINUTES - 308 - CITY OF KITCHENER (c) (d) (e) (f) (g) (h) (i) (J) (k) 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. 2004-168) 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. 2004-169) 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. 2004-170) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Blaze Properties Inc. - Lawrence Avenue. (By-law No. 2004-171 ) To confirm all actions and proceedings of the Council. (By-law No. 2004-172) Being a by-law to amend By-law 2000-159, as amended, to regulate traffic and parking on highways under the jurisdiction of the City of Kitchener. (By-law No. 2004-173) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Monarch Construction Inc. - Doon Mills Drive. (By-law No. 2004-174) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. (By-law No. 2004-175) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Eiwo Canadian - Lawrence Avenue. (By-law No. 2004-176) Being a by-law to amend Chapter 115 of the City of Kitchener Municipal Code with respect to Corporate Management Team. (By-law No. 177) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 9:20 p.m. Carried. MAYOR CLERK COUNCIL MINUTES AUGUST 30, 2004 - 309 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That on-street parking be prohibited at anytime on the east side of Eby Street North from King Street East a point 98 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly. That on-street parking be prohibited at anytime on the north side of Centreville Street from Morgan Avenue to Jansen Avenue; and, That on-street parking be prohibited at anytime on the east side of Jansen Avenue from Centreville Street to Huber Street; and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop control be installed at the intersection of Krug Street at Dumfries Avenue; and, That Transportation Planning continue to monitor Krug Street with regards to speeding and vehicular volume; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited at anytime on both sides of Strasburg Road from a point 98 metres east of Ottawa Street South to a point 50m east thereof; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited at anytime on the south side of Biehn Drive from a point 250 metres west of Maxwell Drive to a point 30 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. That Zone Change Application ZC04/14/D/KS for the purpose of changing the zoning from Neighbourhood Shopping Centre Zone (C-2) (28-42 Doon Mills Drive) with Special Regulation Provision 274R and Special Use Provision 246U to Neighbourhood Shopping Centre Zone (C- 2) with Special Regulation Provision 274R, Special Regulation Provision 421R and Special Use Provision 246U, on lands legally described as Block 98, Plan 58M-226 in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated August 11, 2004, attached to Development and Technical Services Department report DTS-04-129, without conditions. 7. That the Traffic Calming Policy dated August 16, 2004 be adopted; and, That the existing Traffic Calming Policy 1-784 be deleted; and, That funds in the amount of $100,000 annually be referred to the 2005 Capital Budget review to be allocated for Traffic Calming Environmental Assessments and the resulting road improvements; and further, That a Traffic Calming Environmental Assessment be completed on David St/Schneider Ave, Kingswood Dr and Greenbrook Dr and up to $30,000 be approved in 2004 to commence the process. (Dealt with under Delegations and Carried) That Staff continue their efforts to put in place an effective inter-jurisdictional method/protocol to safeguard personal safety and the community's water supply through the prompt de- commissioning of abandoned water wells. That Development and Technical Services Department report DTS-04-111 titled Kitchener Growth Management Discussion Paper be received for information. AUGUST 30, 2004 COUNCIL MINUTES - 310 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. That staff be directed to prepare a staff response to Places to Grow to be considered at the Development and Technical Services Committee meeting of September 13, 2004 and to continue to work with the advisory committee members who have formed a subcommittee; and further, That Council advise staff of any specific issues or questions around which staff should direct its efforts in the completion of the final submission to the Province on Places to Grow. 11. That Development and Technical Services Department report DTS-04-112 be endorsed by Council and submitted to the Ministry of Municipal Affairs and Housing as the City of Kitchener response on the proposed Provincial Planning Reforms. COMMUNITY SERVICES COMMITTEE - That the Manager of Cemeteries be authorized to sign an agreement satisfactory to the City Solicitor with Westmount Funeral Home and/or Service Corporation International (Canada Ltd.) with respect to the City's provision of cremation services for the Funeral Home and its clientele. That the formation of a Steering Committee to identify Peter Hallman Ball Yard improvement initiatives be approved; and, That an interest bearing capital holding account for upgrades at Peter Hallman Ball Yard be approved; and, That the City of Kitchener accept donations towards capital upgrading of Peter Hallman Ball Yard; and further, That the Steering Committee be authorized to prioritize and allocate the donated funds for Peter Hallman Ball Yard upgrades. That the Safe and Health Community Advisory Committee (SHCAC) enter into a 'Partnership Agreement' with the Festival of Neighbourhoods, outlining the sponsorship role of the SHCAC; and further, That the SHCAC provide a letter of support to the Festival of Neighbourhoods. That pursuant to the recommendations of F. Galloway (City of Kitchener Leisure Facilities Master Plan - Arena Facilities Component) received by Council on June 29, 2004, staff be directed to remove the ice from Queensmount Arena for the 2004/2005 season with a decision on the future provision of ice at this facility as well as McLaren and Doherty arenas to be made in conjunction with planning and related de-commissioning for the new Twin Pad arena scheduled for 2006/2007. That staff be directed to move forward with a process to secure a consultant for implementation of the Chandler-Mowat Community Centre project; and, That a portable structure be purchased and placed at the Mill-Courtland Community Centre site until such time as the need for a permanent addition is confirmed and constructed; and, That $49,000 be allocated from capital surplus to fund the Mill-Courtland Community Centre portable; and further, That staff be directed to bring forward recommendations regarding the scope and timing of all other community resource centre capital projects based upon review and analysis of the Leisure Facilities Master Plan (LFMP) final draft due from the consultants in the Fall of 2004. AUGUST 30, 2004 COUNCIL MINUTES - 311 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That subject to clarification as to how the remaining 20% of the project funding will be covered, approval be granted to proceed with construction of a boardwalk (phase 1) and gazebo at Williamsburg Cemetery once 80% of the funding for the project is committed, as outlined in Community Services Department report CSD-04-141. That a 2004 annual operating grant in the amount of $4,823 and a one-time general provision grant in the amount of $11,177 (total $16,000) be approved to the Festival of Neighbourhoods. (Dealt with under Delegations and Carried) FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of June 29, 2004) - That consideration of the proposed Corporate Employee Development Program, as outlined in Strategic Services Department report SSD-04-028, be deferred and referred to the earliest Finance and Corporate Services Committee meeting where staff can provided a list of all the current employee recognition and development initiatives undertaken at all levels of the Corporation, and the costs associated with each. That the implementation of the $500 monthly fixed charge for the interruptible customers of Kitchener Utilities, be deferred until January 1,2005. That the Investment Policy attached to Financial Services Department report FIN-04-024 be approved; and further, That the Treasurer provide Council with an investment report prior to May 31 st and November 30th each year. FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of August 16, 2004) - That a by-law be enacted to amend the Traffic By-law 2000-159, to prohibit stopping within a school zone; and, That staff make application to the Ministry of the Attorney General for approval of a set fine of eighty dollars ($80.00) for the violation of stopping in a school zone; and, That the Enforcement Division increase the amount of parking enforcement coverage in order to ensure that each elementary school within the City is monitored once per week with regard to the no stopping violations during student drop-off and pick-up times; and further, That the approximate cost of $6,000 to revise the existing parking signage within designated school zones be funded through the capital contingency budget. That the request of Glen Wicks for an exemption from City of Kitchener Municipal Code Chapter 408 (Animals) to allow him to keep pigeons at his property at 77 Ross Avenue, Kitchener, be denied. (Dealt with under Delegations and Carried) That the 2003 Audited Financial Statements, as presented at the August 16, 2004 Finance and Corporate Services Committee meeting, be accepted. That the Financial Report as at May 31, 2004, as contained in Financial Services Department report FIN-04-037, be accepted. COUNCIL MINUTES AUGUST 30, 2004 - 312 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of August 16, 2004) - (CONT'D) That staff undertake a full investigation of the use of the Cogeneration Unit at City Hall, and report its findings at a future Finance and Corporate Services Committee meeting. That the fees for Business Licences as authorized under the Municipal Act 2001, be prepared for each class of licences based on the method of calculation, rounded down to the nearest dollar, as outlined in Corporate Services Department report CRPS-04-149, dated August 10, 2004; and, That the percentage of cost recovery for all licence fees be 100% commencing January 1, 2005; and further, That the Business Licence Fees be increased for inflation over 4 years at the rate of 2% per year commencing in 2006. (As Amended) That consideration of undertaking a Local Improvement on Rothsay Avenue, as outlined in Corporate Services Department report CRPS-04-108, be deferred and referred to the Finance and Corporate Services Committee meeting of September 13, 2004, at which time staff will report on the outcome of the public meeting. (Motion Redundant and not considered as the matter was dealt with under Unfinished Business) That Section 25.4.4 of Chapter 25 (Council Procedure) of the Municipal Code be amended to allow the addition of items of an urgent and extraordinary nature to a Special Council agenda without notice to all members of Council, as outlined in Corporate Services Department report CRPS-04-138. That the proposed policy titled 'Protocol for In-camera Meetings', dated August 16, 2004, attached to Corporate Services Department Report CRPS-04-144 be adopted. 10. That the Central Frederick Neighbourhood Association be approved to sell food and operate a children's bouncy unit in Weber Park, 380 Frederick Street, during the annual Summer Festival on September 12, 2004, provided the necessary licence, including Health and Fire approval, is obtained; and further, That the Central Frederick Neighbourhood Association Summer Festival on September 12, 2004,operating from 11 a.m. to 5 p.m., be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with the event. 11. That the following Budget Review meeting dates be approved: User Fees: Finance and Corporate Services Committee meeting December 6, 2004. Capital Budget: Special Finance and Corporate Services Committee meeting on December 13, 2004. Operating Budget: Special Finance and Corporate Services Committee meeting on January 17, 2005. Budget Day: Special Finance and Corporate Services Committee meeting followed by a Special Council meeting on January 31,2005. 12. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to The Still Restaurant, 125 King Street West, for their Jazz and Blues evenings held on their outdoor patio every Wednesday between the hours of 7 p.m. and 11 p.m., until October 20, 2004. AUGUST 30, 2004 COUNCIL MINUTES - 313 - 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. Doq Desiqnation Appeal Decisions - Various It was resolved: "That the July 12, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Joseph D. Amodeo, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." - and - "That the August 16, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Mynor Ayala, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 2. Tender Approvals - Chief Administrative Officer - Council Summer Recess Council considered tender approvals by the Chief Administrative Officer awarded in accordance with Council policy respecting the summer meeting schedule. At the request of Councillor M. Galloway, clause vii) of the recommendation regarding T04-017 - Consultant Services - Operational Review of Kitchener Cemeteries, was dealt with separately. Councillor Galloway disclosed a pecuniary interest and abstained from all discussion and voting concerning clause vii) as he is a relative of the principal of the consulting firm being awarded the contract. It was resolved: "That Council ratify the Chief Administrative Officer's decision, undertaken according to policy, respecting Council's summer meeting schedule, awarding T04-017 - Consultant Services - Operational Review of Kitchener Cemeteries, to F.J. Galloway Associates Inc., London ON at an estimated fee of $46,400. including GST and upset fee being established." It was resolved: "That Council ratify the Chief Administrative Officer's decision, undertaken according to policy respecting Council's summer meeting schedule, awarding Tenders / Expressions of Interest as follows: T04-031 - Trenchless Rehabilitation of Gravity Sewers Awarded to: Capital Commercial Pipe Services, Hamilton ON Tender price: $279,265.29, including contingencies of $15,000. and GST. ii) T04-058 - Roof Replacement - Breithaupt Centre, Budd Park and KOR Gallery and Roof Repairs - Grand River Arena Awarded to: Palmer Roofing & Insulation Limited, St. Clements ON Tender price: $173,974.51, including PST and GST. iii) P04-046 - Upgrade Existing Rolm PBX at City Hall and Install Node at Fire Headquarters Awarded to: Lexsys Networks Inc., Oakville ON Proposed price: $195,883.96, including GST and PST Additional 2-year maintenance contract: $109,250., including GST and PST. COUNCIL MINUTES AUGUST 30, 2004 - 314 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) Tender Approvals - Chief Administrative Officer - Council Summer Recess - (Cont'd) iv) WRCP2004-1 - Highway Coarse Salt Awarded to: Sifto Canada Inc., Mississauga ON City portion of tender price: $893,520 / annum, plus GST and PST. v) E04-042 - Expression of Interest - Construction Stanley Park Community Centre Awarded to: Ball Constructions Inc., Kitchener ON Estimated fee: $136,540. plus GST. Management Firms - vi) T004-044 Theresa Street / Henry Street / Devon Street - Road Reconstruction Awarded to: Sierra Construction (Woodstock) Limited, Woodstock ON Adjusted tender price: $1,208,355.28 including provisional items and contingencies of $94,078 and GST. vii) T04-024 - Fleet: Light Duty Vehicles Awarded to: Various Low Bidders as listed in staff report Tender prices: as listed in staff report T04-051 - Natural Gas Regulator Replacement Program · Awarded to: Four Seasons Heating & Cooling, Waterloo ON Tender price: $23,450. plus GST (350 regulators) · Awarded to: Conestoga Mechanical Inc., Kitchener ON Tender price: $67,000. plus GST (1000 regulators) · Awarded to: Aire One KW, Kitchener ON Tender price: $58,500. plus GST (500 regulators) · Awarded to: Rob Hart Mechanical Inc., Kitchener ON Tender price: $52,500. plus GST (500 regulators) ix) T04-050 - Domestic Natural Gas Regulators Awarded to: Canadian Meter Co. Ltd., Cambridge ON Tender price: $497,490. including GST and PST." 3. Encroachment A.qreement - 33-37 Mill Street It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Part Lots 336 and 337, Municipal Compiled Plan of Lot 17, German Company Tract, municipally known as 33- 37 Mill St., to legalize the existing encroachment of a concrete block garage which encroaches approximately 4.6 feet onto City property (Iron Horse Trail) and narrows down from that distance for a length of approximately 25 feet, more or less." 4. Encroachment Aqreement - 48 Ardelt Avenue It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Lot 2, Plan 1016, Lot 1, Plan 1017, Lot 7, Plan 1022, Part Lot 18, Plan 791 and Part Lot 1, Plan 1023 designated as Part 1 on Reference Plan 58R-3005 and Part 1 on Reference Plan 58R-3205, municipally known as 48 Ardelt Ave., to legalize the installation of two 25' high flagpoles with a pole diameter of 2 3/8" on either side of the driveway on City property which will COUNCIL MINUTES AUGUST 30, 2004 - 315 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Encroachment Agreement - 48 Ardelt Avenue - (Cont'd) fly banners with the "International" name and logo, and one 30' high flagpole with a diameter of 5" at the front of the property on City property which will fly the Canadian flag." 5. Various Tenders Dealt with under Delegations. 6. Proposed Naming and Numberinq- Fairway Road Extension Council considered correspondence from Brian Soehner, Supervisor of Corridor Management, Regional Municipality of Waterloo, dated June 3, 2004, requesting support of a proposed naming and numbering of the Fairway Road extension. It was resolved: "That the City of Kitchener supports the recommendation from the Supervisor, Corridor Management, Region of Waterloo, with respect to the proposed naming and numbering of the Fairway Road Extension, contained in his letter dated June 3, 2004." 7. Committee of Adiustment Decision Dealt with under Delegations. 8. Social Gaminq Event - St. Mary's General Hospital Foundation Council considered Corporate Services Department report CRPS-04-155 (J. Koppeser), dated August 20, 2004, advising of no objection to a Provincial Lottery Licence being issued to the St. Mary's General Hospital Foundation for an event to be held at the Waterloo Inn on October 23, 2004. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the St. Mary's General Hospital Foundation to conduct a Social Gaming Event at The Waterloo Inn & Conference Centre, 475 King Street North, Waterloo, on October 23, 2004." 9. Leadership Traininq for Manaqement Staff Dealt with under Delegations. 10. Class Environmental Assessment Study - Arlington Boulevard Council considered Development and Technical Services Department report DTS-04- 132 (J. McBride), dated August 25, 2004, respecting the permanent closure of a portion of Arlington Boulevard. It was resolved: "That Council approve the permanent closure of Arlington Boulevard between Weber Street East and its south limit, and that the Schedule 'B' Class Environmental Assessment Study Report for this project be filed with the City Clerk for the mandatory 30-day public review period." COUNCIL MINUTES AUGUST 30, 2004 - 316 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 11. Class Environmental Assessment Study - Grove Drive Council considered Development and Technical Services Department report DTS-04- 133 (R. Shamess), dated August 25, 2004, respecting the permanent closure of a portion of Grove Drive. It was resolved: "That Council approve the preferred alternative being the closure of Grove Drive, between Fischer-Hallman Road and a point 113 metres southerly, all in accordance with the recommendations as set out in the Schedule 'B' Class Environmental Assessment Report by MTE Consultants Inc., dated August 23, 2004, and that Council file this report with the City Clerk for the mandatory 30-day public review period." 12. Request to Operate Refreshment Vehicle - 20 Ontario Street South (Kitchener Downtown Business Association - Networkinq Social BBQ) Council considered this date Corporate Services Department report CRPS-04-158 (J. Koppeser), dated August 26, 2004, respecting operation of a barbecue as part of a Networking Social to be held by the Kitchener Downtown Business Association at Classico's Mediterranean Bistro. It was resolved: "That the request of the Kitchener Downtown Business Association, 53 Queen St. S., to operate a refreshment vehicle at 20 Ontario St. S. (Classico's Mediterranean Bistro) on September 15, 2004 be approved, provided the necessary licence, including Health and Fire approval, is obtained."