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HomeMy WebLinkAboutCouncil Minutes - 2004-11-08COUNCIL MINUTES NOVEMBER 8, 2004 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "O Canada" by Kamila Wysocki, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held October 25, 2004 and special meetings held October 25 and November 1, 2004, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, Mayor C. Zehr disclosed a pecuniary interest at an in-camera meeting held earlier this date in regard to a matter involving solicitor-client privilege. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated October 18, 2004, from Hon. Harinder S. Takhar, Minister of Transportation, acknowledging receipt of Council's resolution regarding the removal of the requirement for Environmental Assessments for the implementation of traffic calming measures. Mr. L. Gordon, Director of Purchasing, was n attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That Tender T04-041, Pumper/Aerial Ladder and Equipment, be awarded to Darch Fire Inc., Ayr at their tendered price of $748,993.75, including G.S.T., plus Option #1 (a three section 75' ladder) for $16,479.97, including G.S.T." - and - "That Tender T04-066, Sale of Municipal Property, Reference Plan 58R-14606, described as Parts 1 & 2, situated on Howe Drive, Kitchener, be awarded to San jay Chopra, Waterloo at the tendered price of $41,500., subject to the execution of an Agreement of Purchase and Sale, satisfactory to the City Solicitor." - and - "That Tender T04-071, Recycling of Asphalt and Concrete, be awarded to 1371933 Ontario Inc., Waterdown, Ontario at their tendered price of $112,250., plus P.S.T. & G.S.T." - and - "That Tender T04-059, Henry Sturm Greenway Creek Realignment, be awarded to 560789 Ontario Limited, (o/a R & M Construction), Halton Hills (Acton), Ontario at their tendered price of $192,955.78, including G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. John Cooper, Co-ordinator of Athletics, gave a presentation regarding the 2004 International Children's Games held in Cleveland, Ohio, USA, on July 29 - August 2, 2004. He advised that the Kitchener team of 24 athletes and 6 coaches competed in gymnastics, swimming and water polo events, among 3,000 athletes from 50 countries around the World. Mr. Cooper then called on Mayor C. Zehr and Councillor B. Vrbanovic to present Appreciation Awards to the following team coaches: Dan Glendon and Sue Maki - Gymnastics; William Calhoun - Swimming; and Max and Paul Pottier - Water Polo. Appreciation Awards were also presented to Judy Judges, parent & chaperon, and Councillor B. Vrbanovic, City representative. Mr. Cooper then introduced Mr. Larry Widdifield, President, Kitchener-Waterloo Sports Council, and advised that as sponsors of the Kitchener team, the Sports Council contributed $7,000. in support of the athletes. Mr. Widdifield extended COUNCIL MINUTES NOVEMBER 8, 2004 - 386 - CITY OF KITCHENER appreciation to Council and City staff for their support of youth sports and advised that a fundraising campaign is already in progress for the 2005 games. Youths representing each of the competing sports teams commented on their experiences during the Games and thanked City staff, their coaches and Council for providing the necessary support to allow them to compete. Mayor C. Zehr and Councillor B. Vrbanovic congratulated participants for successfully representing their community at the Games. Ms. Lorelei EckeI-Braun, Manager of Cemeteries, attended to inform Council of international recognition recently received by Kitchener Cemeteries for two initiatives; the first being a depiction of the Williamsburg Columbarium on the front cover of the American Cemetery, a primary trade magazine for the cemetery industry. The second initiative recognizes an advertisement created by Terry Marr, Manager of Marketing & Creative Services - Communications, for Kitchener Cemeteries relating to pre-planning of funeral arrangements. Ms. Marr commented on the concept of the advertisement derived from her personal family experiences. She advised that in recognition of the ad the City was awarded the Ginny Award Runner-up for Advertising by the Cremation Association of North America at its annual convention held in August 2004. Ms. EckeI-Braun presented the Award to Mayor C. Zehr, who congratulated staff for their creative promotion of the Cemetery Division and asked that the Award be placed on display at the Williamsburg Cemetery. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Councillor J. Gazzola referred to Clause 3 of the report relative to waiving of the normal tendering process to permit purchase of hand-held parking ticket equipment from Groupe Techna. Councillor Gazzola advised that he was opposed to waiving the tendering process, suggesting that tendering should be undertaken to ensure a fair and equitable approach. Mayor C. Zehr suggested that the staff report had outlined valid reasons for waiving the process in this instance. The Finance and Corporate Services Committee report was then voted on clause by clause. Clause 3 - Carried. Balance of report - Carried. Council was in receipt of Corporate Services Department report CRPS-04-198 (G. Sosnoski), dated November 2, 2004, which provides additional information as requested at the November 1, 2004 Finance and Corporate Services Committee meeting. This reports relates to the City of Toronto's resolution regarding implementation of a four-year term of office for Ontario Municipal Councils, in connection with the Election Statute Amendment Act, 2004. In reviewing the information provided, Councillor Vrbanovic noted that while staff report potential cost savings of approximately $25,000. per year, the cost savings must be weighed against other mitigating factors. He commented that in contrast to larger municipalities such as Toronto, it would appear that there is little to be gained by the City of Kitchener from a change in terms of office and suggested that no action be taken on the Toronto resolution. Councillor Vrbanovic asked that staff instead focus their efforts on developing methods that will encourage an increase in municipal voter turnout. Councillor J. Gazzola requested that staff also continue to pursue discussions between all levels of government regarding a common voters list. COUNCIL MINUTES NOVEMBER 8, 2004 - 387 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That no action be taken to endorse the City of Toronto's resolution 2004-10-J(52) requesting the Provincial Government to extend the municipal term of office to coincide with the new Provincial term of office." Carried. Mayor C. Zehr advised of a decision by Regional Council to extend the red-light camera project in Waterloo Region. The camera will be used on a rotating basis at four intersections as follows: Homer Watson Boulevard at Pioneer Drive (Kitchener); Homer Watson Boulevard at Ottawa Street (Kitchener); Weber Street at Bridgeport Road (Waterloo); and, Franklin Boulevard at Saginaw Parkway (Cambridge). Council agreed to a request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add a by-law for three readings this date to repeal and replace zoning amending By-law No. 2004- 171 relative to Zone Change Application ZC 03/33/L/KS (Blaze Properties Inc. 233 Lawrence Avenue). Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) 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. (d) 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. (e) Being a by-law to provide for the establishing and laying out of part of Doon Mills Drive as a public highway n the City of Kitchener. (f) Being a by-law to 3rovide for the establishing and laying out of part of Snowdrop Crescent as a public highway in the City of Kitchener. (g) Being a by-law to exempt certain lots from Part Lot Control - Lots 29 and 30, Registered Plan 58M-316 - Pine Valley Drive. (h) Being a by-law to exempt certain lots from Part Lot Control - Block 7 and Park of Blocks 2 and 3, Registered Plan 58M-246 - Pennsylvania Crescent. (i) To confirm all actions and proceedings of the Council. (J) 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. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. COUNCIL MINUTES NOVEMBER 8, 2004 - 388 - CITY OF KITCHENER On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "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 J. Smola Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) 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. 2004-203) 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. 2004-204) 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. 2004-205) 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. 2004-206) Being a by-law to provide for the establishing and laying out of part of Doon Mills Drive as a public highway in the City of Kitchener. (By-law No. 2004-207) Being a by-law to provide for the establishing and laying out of part of Snowdrop Crescent as a public highway in the City of Kitchener. (By-law No. 2004-208) Being a by-law to exempt certain lots from Part Lot Control - Lots 29 and 30, Registered Plan 58M-316 - Pine Valley Drive. (By-law No. 2004-209) Being a by-law to exempt certain lots from Part Lot Control - Block 7 and Park of Blocks 2 and 3, Registered Plan 58M-246 - Pennsylvania Crescent. (By-law No. 2004-210) To confirm all actions and proceedings of the Council. (By-law No. 2004-211 ) 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. 2004-212) COUNCIL MINUTES NOVEMBER 8, 2004 - 389 - CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 7:55 p.m. MAYOR CLERK COUNCIL MINUTES NOVEMBER 8, 2004 - 390 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That the 'Permit Only Parking' program be implemented between 8:00am and 8:00pm on the west side of Glen Road from Rex Drive to a point 116 metres north thereof; and, That the 'Permit Only Parking' program be implemented between 8:00am and 8:00pm on the east side of Glen Road from the north leg of Brant Crescent to St. Clair Avenue; and, That the 'Permit Only Parking' program be implemented between 8:00am and 8:00pm on both sides of Brant Crescent from Glen Road to Glen Road; and, That the 'Permit Only Parking' program be implemented between 8:00am and 8:00pm on both sides of Farnham Avenue; and, That each single family household residing in the affected area(s) be provided, on an annual basis, with two (2) Residential Visitor Parking Permits at no cost to the residents; and further, That the Uniform Traffic By-law be amended accordingly. That a 15 minute Loading/Unloading Zone be established on the west side of Breithaupt Street from a point 15 metres north of Weber Street West to a point 7 metres north thereof; and, That on-street parking be permitted on the west side of Breithaupt Street from a point 22 metres north of Weber Street West to a point 21 metres north thereof for two (2) consecutive hours; and further, That the Uniform Traffic By-law be amended accordingly. That Staff collaborate with the City of Waterloo in the Consultant Assignment to carry out a feasibility study into the creation of a Storm Drainage Utility as part of the Shared Services Initiative; and further, That up to a maximum of $50,000 be allocated in the 2005 Capital Budget for the City of Kitchener's portion of the Consultant assignment costs for this study. That Development and Technical Services Department report DTS-04-164 be received for information and discussion; and, That the recommended General Design Principles, as outlined below be supported in principle: Decision Making Process: That urban design considerations are a primary focus, and incorporated into all projects and decisions that contribute to the public realm in order to promote design quality. Identity and Place-Making: That new neighbourhoods be designed to have a distinct character and access to high quality public spaces to improve livability and the quality of life for the city's diverse population. City Landmarks: That higher quality design expectations, and opportunity for architectural expression, be applied to major landmark locations, including city gateways, neighbourhood gateways, major public facilities and key redevelopment sites. Streetscapes: That City streets be recognized as an extension of the open space system, and that the City encourage streetscape designs that respect the surrounding context and improve the quality of the public realm; and further, That the following Action Plan be approved in principle: Communication: That staff be directed to circulate Development and Technical Services Report DTS-04-164 to appropriate stakeholders for information and discussion including: COUNCIL MINUTES NOVEMBER 8, 2004 - 391 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) Region of Waterloo; Waterloo Region Home Builders Association; Grand Valley Association of Architects; CURA; the Urban Design Working Group; and further, That any future initiatives identified in, or arising from, Development and Technical Services Report DTS-04-164 be subject to further consultation with appropriate advisory or liaison committee. Public Art: That staff be directed to examine the potential of a cultural corridor along King Street and present recommendations to Council. Development Standards: That staff are directed to investigate appropriate and flexible development standards and regulations for re-urbanization areas to support a compact built form and infill development. Nei,qhbourhood Desiqn: That City staff continue to work with the development industry, and gain public comments, regarding the implementation of proposed neighbourhood design guidelines to address a range of issues including on-street parking and road pattern, park space, design considerations, and entrance features further discussed in DTS Report 04-161. 5. Incorporate the Recommended Urban Design Principles into the Urban Design Manual. That the action plan for the Neighbourhood Design Initiative (a 'Kitchener by Design' project), to include public and industry consultation, as a method of continually improving new subdivision development and healthy neighbourhoods within the City of Kitchener be endorsed; and, That any further action with respect to the request to review on-street parking issues with small lot subdivisions be considered as part of the Neighbourhood Design Initiative; and further, That staff prepare a report for a future Development and Technical Services Committee meeting on the impact, within small lot subdivisions, of by-laws that can not be complied with. COMMUNITY SERVICES COMMITTEE - That free parking be provided in all City of Kitchener operated parking facilities within the downtown on Saturdays commencing on November 27, 2004 and extending through the Christmas season to December 25, 2004 inclusive. That the Facilitator of Special Events be authorized to increase the amount payable to The Agency Group, from $7,000 to $16,000, within the Pre-Approved Agent contract for the 2004 Festival of the Night; and, That Schedule 'C' of the Pre-Approved Agent Contract be waived; and further, That subject to the approval of the City Solicitor, the Facilitator of Special Events be authorized to make changes to the rider contained in Schedule 'B' of the Pre-Approved Agent Contract. That the "Draft Leisure Facilities Master Plan", prepared by F. J. Galloway Associates Inc., Consultant, as attached to Community Services Department report CSD-04-161, be received and referred to the January 10, 2005 Community Services Committee meeting for discussion; and further, That prior to consideration of the "Draft Plan" on January 10, 2005 staff undertake the following: COUNCIL MINUTES NOVEMBER 8, 2004 - 392 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) a) a summary document of the "Draft Leisure Facilities Master Plan" be circulated to Neighbourhood Associations and other interested parties for comment, including all municipalities in the Region of Waterloo to invite municipal comment on that portion of the "Draft Plan" dealing with "Multi-Municipal Approaches" (ie. Section 4.3.7 - Leisure Services Delivery Strategies); and, b) staff host 2 community consultation meetings in late November, as outlined by the Consultant, for the purpose of obtaining public input on the "Draft Plan". FINANCE AND CORPORATE SERVICES COMMITTEE - That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bethany Evangelical Missionary Church, 160 Lancaster Street East, for their annual Christmas Pageant on December 2nd to 5TM, 2004, between the hours of 6 p.m. and 9 p.m. That notwithstanding the provisions of Section 3.15 (a) of Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, permission be granted to Jim Loyd to operate a Hot Dog Cart at 730 Ottawa Street South (Rona). That the City's normal purchasing process be waived to allow the purchase of handheld parking ticket equipment from Groupe Techna, at an approximate cost of $46,372.20, to be paid from the 2004 Capital Contingency; and further, That the Mayor and Clerk be authorized to execute the required services contract for the new handheld parking ticket equipment in a form satisfactory to the City Solicitor. NOVEMBER 8, 2004 COUNCIL MINUTES - 393 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Michelle Quackenbush, employed at #4-808 Courtland Avenue East, Kitchener (Taj Mahal) be granted a 2004 Adult Entertainment Parlour Attendant Licence." Do.q Designation Appeal Decisions - Various It was resolved: "That the October 18, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Steve Power, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." - and - "That the October 18, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Danny Bardouniotis, wherein the Committee affirms the Prohibited Dog designation, be rescinded." - and - "That the October 18, 2004 decision of the Dog Designation Appeal Committee regarding an extension of time requested by Mynor Ayala, be granted." Heritaqe Conservation Easement - 437 Pioneer Tower Road It was resolved: "That the Mayor and Clerk be authorized to execute the heritage easement agreement dated November 5, 2004 and satisfactory to the City Solicitor with Victoria Ariens, the future owner of the property described as Part of lot 12, Beasley's Broken Front Concession, designated as Part 2 on Reference Plan 58R-14114, City of Kitchener, Regional Municipality of Waterloo, being part of PIN 22733-0529 and currently part of 437 Pioneer Tower Rd." Various Tenders Dealt with under Delegations. "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." COUNCIL MINUTES NOVEMBER 8, 2004 - 394 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) Land Exchange - Pioneer Tower Area (JHS Properties Inc. and the Grand River Conservation Authority) Council considered a matter arising from in-camera discussion this date. Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting regarding this matter as he has purchased a property in the vicinity of the JHS Subdivision. It was resolved: "That the Director of Planning is authorized to negotiate agreements of purchase and sale between the City and JHS Properties Inc. and the Grand River Conservation Authority to facilitate a land exchange between the parties for various parcels of land located in the Pioneer Tower area, on terms and conditions directed by Council."