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HomeMy WebLinkAboutCouncil - 2005-01-17COUNCIL MINUTES JANUARY 17, 2005 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 Krystal Wolfe and Alison Fraser, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held December 13, 2004 and special meetings held December 13, 2004 and January 10, 2005, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated a report requesting Council consider an additional tender, Expression of Interest E04-082, Consultant Services - Lancaster Street East Reconstruction (Frederick to Victoria). Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Tender T04-007, Fire Fighter Protective Clothing, be awarded to Starfield-Lion Company, Toronto, Ontario at their tendered price of $59,167.50 for one year, including P.S.T. & G.S.T., with an option to renew for four (4) additional one-year terms, based on budget availability." - and - "That Expression of Interest E04-082, Consultant Services - Lancaster Street East Reconstruction (Fredrick to Victoria), be awarded to Earth Tech Canada Inc., Kitchener, at their estimated fee of $145,623., including a contingency of $12,372. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Ms. Claire Tucker-Reid, Ontario Regional Director, Canadian Parks and Recreation Association (CPRA), presented the CPRA's Harry Boothman Professional Development Fund Award to Ms. Margaret Sanderson, the City's Inclusion Services Co-ordinator. The Award is dedicated to the advancement of CPRA members in pursuit of professional development within a related parks and recreation field. Ms. Sanderson is pursuing a Master's Degree in Urban Planning at the University of Waterloo relative to best practices in design for the inclusion of disabled persons in mid-sized cities. Mayor C. Zehr and Councillor G. Lorentz congratulated Ms. Sanderson, commenting on her dedication to improving the quality of life for persons with disabilities. All those in attendance then stood in recognition of Ms. Sanderson. Mr. Julian Ichim, together with members of the K-W Youth Collective, advised that they wished to draw attention to four properties in the Downtown area that have been neglected by their property owners and which are in tax arrears. He stated that the Collective has been unsuccessful in its attempts to contact the property owners and as a result, the properties have been occupied for the purpose of renovating the structures for use as affordable housing. He added that the Collective is asking for the City's support to encourage voluntary participation of trade unions. In response to Mayor C. Zehr, Mr. Ichim advised that the properties include 18 and 26 Madison Avenue, as well as two unidentified adjacent properties. He clarified that members of the Collective have taken up 'squatting' residence in the buildings on the subject properties. Councillor B. Vrbanovic questioned if the Collective had presented their concerns to the Region of Waterloo, who has responsibility for affordable housing. Mr. Ichim advised that the Collective will raise the issue with the Region; however, he pointed out that it is anticipated the City will be involved as the properties are located within Kitchener. An associate of Mr. Ichim added that while housing is under the jurisdiction of the Region, the support of all levels of government is needed to address the issue of homelessness. COUNCIL MINUTES JANUARY 17, 2005 5 CITY OF KITCHENER 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 G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." With regard to Clause 1 of the report concerning deferral of the grant request for the 'Downtown East: Ya Gotta Luv It' Project, Mayor C. Zehr advised that the additional information requested has been received and will be circulated for consideration at the January 24, 2005 Community Services Committee meeting. Council was in receipt of a memorandum (M. Hildebrand), dated January 13, 2005 relative to Clause 2 of the report, in which additional information is provided regarding the minor sport grant appeal by South Western Ontario Ball Hockey. Councillor J. Gazzola raised concerns with regard to Clause 3 of the report, concerning a proposal to centralize the City's events portfolio and questioned the intent of approval in principle. Mayor C. Zehr and Councillor B. Vrbanovic noted that approval in principle allows the concept to be explored pending receipt of additional information, and a final decision has not been made. Mr. F. Pizzuto, General Manager, Community Services, added that the motion provides general direction to allow staff to proceed to establish a 2005 events portfolio and gave assurances that no monies would be expended prior to further consideration at the February 14, 2005 Shared Agenda meeting. The report of the Community Services Committee was then voted on clause by clause. Clause 3 - 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." Mayor C. Zehr advised that Clause 1 of the report, dealing with a funding request by the two local hospitals relative to hiring costs of a business manager / co-ordinator for their Physician Specialist Recruitment Program, was redundant as it was considered at the special Finance and Corporate Services Committee meeting held earlier this date. Accordingly, Clause 1 of the report was not considered. Council was in receipt this date of Corporate Services Department report CRPS-05-011 (J. Sheryer), dated January 11, 2005, an addendum to Corporate Services Department report CRPS-04-230, concerning a request from the owner(s) of 115 Stirling Avenue South to enter into an agreement with the City to legalize an existing encroachment of a fenced yard on City property (Iron Horse Trail). Ms. L. MacDonald, City Solicitor, and Mr. S. Turner, Director, By-law Enforcement, responded to questions, commenting that the request was initiated as the result of a complaint and may be the first of several requests from other properties encroaching into this stretch of the Iron Horse Trail. In reviewing this request, staff determined that they have no concerns with regard to the location of the fenced yard and recommend entering into an encroachment agreement. It was noted that it has been Council's policy to enter into agreements where feasible rather than pursue enforcement because of the difficulty of recouping removal costs. Encroachment agreements provide for the removal of the encroachment by the homeowner with 30 days notice, if the land is needed and the homeowner is required to obtain appropriate insurance for the lifetime of the encroachment. Councillors J. Gazzola and G. Lorentz voiced opposition to the process of permitting encroachments as in their opinion its sets a poor precedent. COUNCIL MINUTES JANUARY 17, 2005 -6- CITY OF KITCHENER Ms. L. MacDonald pointed out that any decision made this date will impact what occurs on the remaining properties along the Iron Horse Trail. She suggested that in light of the concerns raised, staff be directed to undertake a comprehensive review of Council's policy regarding encroachments on City lands and the request relative to 115 Stirling Avenue South be deferred pending receipt of staffs' report. On motion by Councillor C. Weylie, seconded by Councillor G. Lorentz, it was agreed to amend Clause 7 of the Finance and Corporate Services Committee report by adding the recommendation contained in staff report CRPS-05-011 in place of the recommendations in staff report CRPS-04-230; and referring the recommendation as replaced, to a future meeting of the Finance and Corporate Services Committee pending a comprehensive review of Council's policy and procedures regarding encroachments. The report of the Finance and Corporate Services Committee was then voted on clause by clause. Clause 1 Recommendation redundant and not considered as the matter was dealt with at the January 17, 2005 special Finance and Corporate Services Committee meeting. Clause 7 - Carried, as Amended. Balance of report - Carried. Mayor C. Zehr then reported on Regional issues. Firstly, he advised that Wilfrid Laurier University has agreed, subject to the outcome of a student referendum, to participate in a pilot project to offer a universal transit pass (UPASS). Secondly, he advised that the Ministry of Transportation has received approval of the 'Highway 7 Kitchener to Guelph Amendment to the Environmental Assessment Report (October 2004)' and the recommended alignment. He added that the Province of Ontario has agreed to expedite construction and has given first priority to the section of highway between Regional Road No. 17 (Ebycrest Road) and the Wellington Street interchange at the Conestoga Parkway. Finally, he advised that while Justice of the Peace appointments have been made to the West Region, the number remains insufficient and Regional staff intend to continue to pursue this issue. Councillor G. Lorentz referred to a letter composed by Councillor M. Galloway, and subsequent newspaper article, requesting the Region of Waterloo to investigate implementation of a common municipal information telephone line, 311. He questioned what, if any, action was intended to be taken by Council as it was his understanding City staff had been directed to investigate and report on this matter. Mayor C. Zehr advised that some investigation had already commenced at the Regional level. In response to questions, Mr. R. Browning, Acting General Manager, Strategic Services and Economic Development, advised that some preliminary investigation has taken place as part of development of a Customer Service Strategy. He pointed out that such a system would require extensive collaboration among all municipalities in the Region and staff will continue to investigate. Councillor G. Lorentz expressed concerns that citizens will expect immediate action as a result of recent communications, whereas in reality, this will be a long term project. Council agreed to a request from G. Sosnoski, General Manager of Corporate Services & City Clerk, to add a Part Lot Control By-law (Steepleridge Street - Monarch Construction) to the agenda for three readings this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "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. COUNCIL MINUTES JANUARY 17, 2005 7 CITY OF KITCHENER (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 authorized certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lyndale South Developments Ltd. - Zeller Drive. (f) Being a by-law to exempt certain lots from Part Lot Control - Part Block 17, Registered Plan 58M-15 - Activa Avenue. (g) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 40, 42 to 44, 46, 48 to 51, 53 to 61, 64 to 69, 71, 73 to 77, 98 to 116, 118 to 129 and Part Block 150, Registered Plan 58M-324 - Steepleridge Street. (h) Being a by-law to amend By-law 2003-17 to exempt from Part Lot Control - Part of Blocks 5, 6, 10, 12, 13, 15, 16, 18 and 19, Registered Plan 58M-258 - Mountain Laurel Crescent and Activa Avenue. (i) To confirm all actions and proceedings of the Council. (J) Being a by-law to exempt certain lots from Part Lot Control - Block 147, Registered Plan 58M-324 - Steepleridge Street. 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 M. Galloway "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 G. Lorentz Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2005-2) (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. 2005-3) JANUARY 17, 2005 (c) (d) (e) (f) (g) (h) (i) (J) COUNCIL MINUTES - 8 - CITY OF KITCHENER 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. 2005-4) To further amend By-law No. 88-172 being a by-law to authorized 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. 2005-5) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lyndale South Developments Ltd. - Zeller Drive. (By-law No. 2005-6) Being a by-law to exempt certain lots from Part Lot Control - Part Block 17, Registered Plan 58M-15 - Activa Avenue. (By-law No. 2005-7) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 40, 42 to 44, 46, 48 to 51, 53 to 61, 64 to 69, 71, 73 to 77, 98 to 116, 118 to 129 and Part Block 150, Registered Plan 58M-324 - Steepleridge Street. (By-law No. 2005-8) Being a by-law to amend By-law 2003-17 to exempt from Part Lot Control - Part of Blocks 5, 6, 10, 12, 13, 15, 16, 18 and 19, Registered Plan 58M-258 - Mountain Laurel Crescent and Activa Avenue. (By-law No. 2005-9) To confirm all actions and proceedings of the Council. (By-law No. 2005-10) Being a by-law to exempt certain lots from Part Lot Control - Block 147, Registered Plan 58M-324 - Steepleridge Street. (By-law No. 2005-11 ) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:05 p.m. MAYOR CLERK COUNCIL MINUTES JANUARY 17, 2005 9 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That vehicles be prohibited from stopping at anytime on the west side of Betzner Avenue from King Street East to a point 15 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly. That the "Permit Only Parking" program currently in place for the Grand River Hospital area (8:00am to 6:00pm, Monday to Friday) and St Mary's Hospital (8:00am to 8:00pm, seven (7) days per week) remain in effect. That on-street parking be prohibited from 9:00 a.m. to 4:00 p.m., Monday - Friday on the west side of Bingeman Street from Lancaster Street to Samuel Street; and further, That the Uniform Traffic By-law be amended accordingly. That Zone Change Application ZC04/11/Z/KS requesting a change from Agricultural Zone (A- 1) and Agricultural Zone (A-l) with Special Regulation Provision 1R to Residential Six Zone (R-6) with Special Regulation 381R; Residential Six Zone (R-6) with Special Regulation Provision 1R and Special Regulation 381R; and Hazard Land Zone (P-3) on lands legally described as Part of Lots 117, 118 and 124 German Company Tract (Lyndale South Development Ltd) in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated December 14, 2004, attached to Development and Technical Services Department report DTS-04-189. COMMUNITY SERVCES COMMITTEE - That the request of the 'Downtown East: Ya Gotta Luv It' Project (Year 2) for a $25,000. Community Development Infrastructure grant in 2005, be deferred and referred to the January 31, 2005 Council Budget Day meeting, to allow additional information to be provided, including the project 2005 estimated operating budget and a cost estimate of in-kind services provided by the City; and further, That should the request of the 'Downtown East: Ya Gotta Luv It' Project be favourably considered, final grant approval be subject to a report back to Council as to the outcome of the Ontario Trillium Foundation Grant Program evaluation by the end of March 2005. That the 2005 Annual Minor Sport Grants, as outlined in Community Services Department report CSD-05-006, be approved to the respective Minor Sports groups in the amount of $649,007., representing a 2% increase over the 2004 budget. That the proposal to centralize the City's Events Portfolio, as requested by the Kitchener Downtown Business Association and as outlined in Community Services Department report CSD-05-003, be approved, in principle; and further, That all remaining aspects of development of a delivery model for the City's Special Events Unit, be deferred and referred to the February 14, 2005 Shared Agenda meeting. That the family member limit of four (4), be removed from the City's Aquatic Family Swim Passes and Admissions. FINANCE AND CORPORATE SERVICES COMMITTEE - That the request of the Joint Medical Resources Planning Committee of the Grand River General Hospital and St. Mary's General Hospital for financial support of $20,675 toward the cost of hiring a business manager/coordinator for their Physician Specialist Recruitment COUNCIL MINUTES JANUARY 17, 2005 -10- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) Program, be deferred and referred to the special Finance and Corporate Services Committee meeting to be held on January 31,2005. (Recommendation redundant and not considered as the matter was dealt with at the January 17, 2005 special Finance and Corporate Services Committee meeting) That staff initiate the required public process to allow City Council to consider the relocation of a class D adult entertainment parlour from 8-808 Courtland Avenue East to 37 Bruce Street, Kitchener. That Doon Heritage Crossroads pay a reduced licence fee of $36.00 for the 'Seedy Saturday' event to take place on February 19, 2005, to allow the sale of heritage varieties of seeds by 5 to 6 vendors. That the request of A.J. Hepburn for a licence to operate a hot dog cart at 1400 Ottawa Street South (Canadian Tire), contrary to By-law 2004-058, be granted. That consideration of the request of K-W Counselling Services Inc. for a grant of $100,000 from the City of Kitchener be deferred and referred to the special Finance and Corporate Services Committee meeting of January 31, 2005, and, That staff provide scenarios showing the requested grant being paid over 1 year and over 2 years; and further, That staff advise whether $50,000 of the request could be accommodated as an over- expenditure of the 2004 budget. That consideration of the following recommendation, as contained in Strategic Services Department report SSD-05-003, be deferred and referred to the special Finance and Corporate Services Committee meeting scheduled for January 31, 2005: 'That Council supports the request for $50,000 as contribution to the baseline funding for the Business Enterprise Centre in 2005; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation.' That consideration of the following recommendation contained in Corporate Services Department report CRPS-05-011 be deferred and referred to a future Finance and Corporate Services Committee meeting pending a comprehensive review and report on Council's policy and procedures concerning agreements to permit encroachment onto City- owned lands: 'That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Lot 165, Plan 303, municipally known as 115 Stirling Ave. S., to legalize the existing encroachment of a fenced yard which encroaches approximately 484 square feet (11' by 40') onto City property (Iron Horse Trail), more or less.' (As Amended) JANUARY 17, 2005 COUNCIL MINUTES -11 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS- 1. Licences i) Permanent Vendor It was resolved: "That a 2005 Permanent Vendor Licence be granted to Roger Frohlich, to operate a business known as Premieres at 284 Bankside Drive, Kitchener." 2. K-W Oktoberfest - Civic Celebration It was resolved: "That K-W Oktoberfest, to be held October 7-15, 2005, be proclaimed a period of Civic Celebration; and, That the City of Kitchener has no objection to a Special Occasion Permit being issued for the Oktoberfest Festhallen to be operated by Kitchener-Waterloo Oktoberfest Inc. during the period of Civic Celebration; and further, That this event be declared a Community Festival as it is a celebration of Kitchener's German heritage." 3. Tenders Dealt with under Delegations. 4. Sale of Tickets - The Princess Marqaret Hospital Foundation Council considered Corporate Services Department report CRPS-05-006 (R. Gosse) dated January 6, 2005. It was resolved: "That the City of Kitchener has no objection to The Princess Margaret Hospital Foundation, 610 University Ave., Toronto, ON, M5G 2M9, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held starting April 14, 2005." 5. Sale of Tickets - The Canadian National Institute for the Blind Council considered Corporate Services Department report CRPS-05-007 (R. Gosse) dated January 7, 2005. It was resolved: "That the City of Kitchener has no objection to The Canadian National Institute for the Blind, Ontario Division, 1929 Bayview Ave., Toronto, ON, M4G 3E8, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held starting March 30, 2005." COUNCIL MINUTES JANUARY 17, 2005 -12- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Amendments to Provincial Doq Owners' Liability Act - Pitbulls Council considered Corporate Services Department report CRPS-05-012 (J. Sheryer) dated January 10, 2005. At the request of Councillor B. Vrbanovic, it was agreed that he be named the Council representative to the Committee being established concerning Bill 132 (Public Safety Related to Dogs Statute Law Amendment Act). It was resolved: "That Council direct staff to accept the Province's invitation to make oral and/or written presentation to the Provincial Standing Committee on Bill 132, Public Safety Related to Dogs Statute Law Amendment Act; and further, That a Committee be established for the purpose of presenting to the Provincial Standing Committee on Bill 132, Public Safety Related to Dogs Statute Law Amendment Act, this Committee to consist of Councillor B. Vrbanovic and staff of Legal Services, and may also include a representative from the Kitchener-Waterloo and North Waterloo Humane Society should it wish to participate." Appeal to the Ontario Muncipal Board of Development Charges By-law by 1090504 Ontario Inc.- 100 Washburn Drive, Kitchener Council considered Corporate Services Department report CPRS-05-017 (L. MacDonald), dated January 12, 2005. It was resolved: "That Council consents to an Order by the Ontario Municipal Board amending the City of Kitchener Development Charges By-law (By-law No. 2004-156) by deleting the definition of "existing industrial building" at section 1 (i) and replacing it with the following definition: '1(i) "existing industrial building" means a building or buildings existing on a site in the City of Kitchener on January 1, 1999 or the first building or buildings constructed and occupied on a vacant site pursuant to site plan approval under section 41 of the Planning Act, R.S.O. 1990, c.P.13 (the "Planning Act") subsequent to January 1, 1999 for which full development charges were paid, and is used for or in connection with, (i) the production, compounding, processing, packaging, crating, bottling, packing or assembling of raw or semi-processed goods or materials in not less than seventy-five per cent of the total gross floor area of the building or buildings on a site ("manufacturing") or warehousing; (ii) research or development in connection with manufacturing in not less than seventy-five percent of the total gross floor area of the building or buildings on a site; (iii) retail sales by a manufacturer, if the retail sales are at the site where the manufacturing is carried out, such retail sales are restricted to goods manufactured at the site, and the building or part of a building where such retail sales are carried out does not constitute greater than twenty-five per cent of the total gross floor area of the building or buildings on the site; or (iv) office or administrative purposes, if they are, (1) carried out with respect to manufacturing or warehousing; and (2) in or attached to the building or structure used for such manufacturing or warehousing ;' JANUARY 17, 2005 COUNCIL MINUTES -13- CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) Appeal to the Ontario Muncipal Board of Development Charges By-law by 1090504 Ontario Inc. - 100 Washburn Drive, Kitchener (Cont'd) In the alternative, Council consents to an Order of the Ontario Municipal Board ordering Council of the City of Kitchener to amend its Development Charges By-law (By-law No. 2004-156) by deleting the definition of "existing industrial building" in section 1(i) and replacing it with the aforesaid definition." 8. Appointment - Multicultural Centre Board of Directors Council considered Corporate Services Department report CRPS-05-014 (R. Gosse), dated January 12, 2005. It was resolved: "That Councillor Christina Weylie be appointed as the Council representative to the Multicultural Centre Board of Directors for a term to expire December 1,2005."