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HomeMy WebLinkAboutCouncil - 2005-02-14COUNCIL MINUTES FEBRUARY 14, 2005 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillors B. Vrbanovic and G. Lorentz. The meeting began with the singing of "O Canada" by Brenda Brawn Whiteman, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held January 31, 2005 and special meetings held January 31 and February 7, 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 tender listed on the Committee of the Whole agenda. Moved by Councillor J. Gazzola Seconded by Councillor M. Galloway "That Expression of Interest E04-072, Consultant Services - Management Training, be awarded as follows: Change Management, Coaching and Team Building to ShaughnessyHowell Inc., Waterloo, at their fee of $72,225.., including G.S.T.; Corrective Discipline to Mathews, Dinsdale & Clark LLP., Toronto, at their fee of $21,186., including G.S.T.; Managing the Problem or Difficult Employee to R.C. Whitney & Associates Ltd., Toronto at their fee of $34,240., including G.S.T., based on satisfactory contracts being negotiated; and further, That the Director of Purchasing be authorized to execute agreements satisfactory to the City Solicitor." Carried. Council was in receipt this date of Corporate Services Department report CRPS-05-028 (L. Proulx), dated February 10, 2005, relative to a matter listed under Unfinished Business concerning an expenditure to replace the elevator at the Mayfair Hotel. The report provides additional information relative to maintenance costs for the elevator and risks associated with salvaging parts. Ms. P. Houston, General Manager of Financial Services, addressed the issue of funding advising that it was intended all costs related to purchase and maintenance of the Centre Block property be funded from the Economic Development Investment (EDI) Fund; and accordingly, the expenditure for the elevator replacement is proposed to be taken from the EDI Fund. Mr. L. Proulx, Director of Facilities Management, pointed out that there are no alternatives to replacement if the building is to continue to be leased to tenants. He added that salvage opportunities will be impacted by depreciation and diminish over time as the elevator ages. Councillor M. Galloway spoke in opposition to the proposed expenditure as the elevator is still in working condition and suggested that focus should be on redevelopment plans for the site. Mayor C. Zehr pointed out that specific plans for the site have yet to be developed and the issue of the elevator is one of safety for tenants occupying the building. Moved by Councillor J. Smola Seconded by Councillor J. Gazzola "That an expenditure of $312,000. be authorized from the Economic Development Investment Fund to replace the existing elevator at the Mayfair Hotel with a new elevator utilizing the existing exterior shaft at 158 King Street West." Carried. COUNCIL MINUTES FEBRUARY 14, 2005 - 40 - 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." With respect to Clause 3 of the report concerning post-tensioning tendon repairs to the Duke and Ontario Parking Garage, Councillor J. Gazzola questioned why the consultant selection process was being waived. Mr. G. Stewart, General Manager of Development & Technical Services, advised that Read Jones Christoffersen Ltd. has expertise and knowledge of the garage and is to be contracted only for production of the construction tender; no work will commence until approved by Council. In response to Councillor J. Gazzola, Ms. C. Ladd, CAO, advised that staff will continue to look into potential to sell the garage. The report of the Development & Technical Services Committee was then voted on Clause by Clause. Clause 3 - Carried. Balance of report - Carried. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That the report of the Community Services Committee be adopted." At the request of Councillor J. Gazzola, clarification was provided with regard to Clause 1 of the report with respect to funds saved from completed tenders. Staff advised that any unused budgeted funds from completed capital projects would be utilized for the accelerated infrastructure replacement program, which would include road reconstruction. With respect to Clause 3 of the report relative to Council Policy I1-117 (Employee Computer Purchase Plan), staff clarified that an effective date of April 1,2005 is requested to provide notice for employees who have already begun the process of purchasing a computer under the Plan. The Community Services Committee report was then voted on Clause by Clause. Clauses 1 & 3 - Carried. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Councillor J. Gazzola questioned why an agreement with Wilfrid Laurier University for redevelopment of the St. Jerome's property was considered and approved at the February 7, 2005 special Council meeting rather than this date. Mayor C. Zehr advised that considerable time has lapsed since announcement of the project and there was need to formalize an agreement to allow the project to move forward. At the request of Mr. R. Gosse, Deputy City Clerk, Council agreed to add a zoning amending by-law to the agenda for three readings this date relative to Clause 7 of the Development & Technical Services Committee report, dealing with Zone Change Application ZC 04/22/E/CB (Rose and Dave Lehmann, 87 Ellis Avenue). Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES FEBRUARY 14, 2005 - 41 - CITY OF KITCHENER (a) Being a by-law to amend By-law 2003-41 to extend the time period for exemption from Part Lot Control - Part of Blocks 6, 7, 11, 15, 16, 17 and 19, Registered Plan 58M-267 - Donnenwerth Drive, Yarrow Court, Periwinkle Street. (b) Being a by-law to provide for the establishing and laying out of part of Dubrick Crescent as a public highway in the City of Kitchener. (c) Being a by-law to provide for the establishing and laying out of part of Westmeadow Drive as a public highway in the City of Kitchener. (d) Being a by-law to provide for the establishing and laying out of part of Commonwealth Street as a public highway in the City of Kitchener. (e) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (f) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (g) 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. (h) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 14 to 17 inclusive, Registered Plan 1248 - Ralgreen Crescent. (i) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 4 inclusive, Registered Plan 58M-340 - Red Clover Court. (j) To confirm all actions and proceedings of the Council. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Rose Lehmann - Ellis 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 J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola 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 C. Weylie Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 2003-41 to extend the time period for exemption from Part Lot Control - Part of Blocks 6, 7, 11, 15, 16, 17 and 19, Registered Plan 58M-267 - Donnenwerth Drive, Yarrow Court, Periwinkle Street. (By-law No. 2005-22) FEBRUARY 14, 2005 (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) COUNCIL MINUTES - 42 - CITY OF KITCHENER Being a by-law to provide for the establishing and laying out of part of Dubrick Crescent as a public highway in the City of Kitchener. (By-law No. 2005-23) Being a by-law to provide for the establishing and laying out of part of Westmeadow Drive as a public highway in the City of Kitchener. (By-law No. 2005-24) Being a by-law to provide for the establishing and laying out of part of Commonwealth Street as a public highway in the City of Kitchener. (By-law No. 2005-25) 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. 2005-26) 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. 2005-27) 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. 2005-28) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 14 to 17 inclusive, Registered Plan 1248- Ralgreen Crescent. (By-law No. 2005-29) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 4 inclusive, Registered Plan 58M-340 - Red Clover Court. (By-law No. 2005-30) To confirm all actions and proceedings of the Council. (By-law No. 2005-31) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Rose Lehmann - Ellis Avenue. (By-law No. 2005-32) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 7:36 p.m. Carried. MAYOR CLERK COUNCIL MINUTES FEBRUARY 14, 2005 - 43 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That an all-way stop control be installed at the intersection of Moore Avenue and Shanley Street; and further, That the Uniform Traffic By-law be amended accordingly. That the Ministry of Transportation and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code Article 6 Construction Work, during the reconstruction and improvements of the interchange of Homer Watson Boulevard/Fountain Street/Highway 401, between the hours of 7:00 p.m. to 7:00 a.m. for the period from May 1,2005 to December 31,2006. That the consultant selection process be waived and award the 2005 Duke and Ontario Garage Post-Tensioning Tendon Structural Engineering Services to Read Jones Christoffersen Ltd. That the Mayor and City Clerk be authorized to enter into an agreement satisfactory to the City Solicitor with Lyndale Holdings to accommodate temporary pumping of sewage until the construction of the Zeller Drive pumping station is completed. That the City of Kitchener supports, in principle, the development of the Mid-Peninsula Transportation Corridor (MPTC); and further, That the City of Kitchener encourages the Region of Waterloo to pursue the development of a connecting link corridor between the Region of Waterloo and the new MPTC. That Staff continue to participate in the Fairway Road Extension Environmental Assessment Steering Committee; and further, That once a preferred route alternative is determined, that a report be tabled with the Development and Technical Services Committee. That Zone Change Application ZC 04/22/E/CB, for Rose and Dave Lehmann, to change the zoning on the subject lands, at 87 Ellis Ave, from Residential Four Zone (R-4) to Residential Six Zone (R-6) with Special Regulation Provision 422R on lands legally described as Tract German Company Sub of Lot 4 Part Lot 1, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated January 9, 2005, attached to Development and Technical Services Department report DTS-05-016. COMMUNITY SERVICES COMMITTEE - That the Development and Technical Services Department, Engineering Division, be authorized to proceed with the design and reconstruction of Brentwood Avenue from Sheldon Avenue North to the Montgomery Creek Outlet, to be funded from savings of favourable tenders completed in the 2004 Infrastructure Program, as outlined in Development and Technical Services Department report DTS-05-017. That Chris Douglas, Frank Groenestege, lan Ardill and Tara O'Brien be appointed to the Grand River Accessibility Advisory Committee (GRAAC) for a 3 year term ending November 30, 2008. That Council Policy 11-117 (Employee Computer Purchase Plan), as adopted on January 31, 2005, become effective April 1,2005. That the Mayor and Clerk be authorized to enter into an agreement, to the satisfaction of the City Solicitor, with Edissi Fine Arts Canada Inc. to hold an art auction in October 2005 to raise revenues for Inclusion Services and the Adults 50+ Division. COUNCIL MINUTES FEBRUARY 14, 2005 - 44 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That the City of Kitchener consents to adoption of Regional Municipality of Waterloo By-law 05-004, for the purpose of transferring authority from the Corporation of the Township of Wellesley and the Corporation of the Township of North Dumfries regarding water distribution and wastewater collection systems to the Regional Municipality of Waterloo. That the public art commission, "Footsteps", created by local artist Nicholas Rees for the Downtown Community Resource Centre, as selected by a public jury in accordance with Council Policies 1-650 (% for Art) and 1-485 (Public Art), be endorsed; and further, That the Mayor and Clerk be authorized to sign an agreement, to the satisfaction of the City Solicitor, with Nicholas Rees regarding the public art commission, conditions of delivery and acceptance of his commission proposal, as set out in Community Services Department report CSD-05-028. That the Queensmount Arena Interim Use Strategy, as outlined in Community Services Department report CSD-05-029, be approved. HERITAGE KITCHENER- That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2004- IV-012 (410 King Street West) be approved to permit an alteration to the entrance/vestibule of the 1920 building phase of the former Kaufman Footwear Factory, as shown on the plans and described in the specifications submitted with the application, dated January 17, 2005. FEBRUARY 14, 2005 COUNCIL MINUTES - 45 - COMMITTEE OF THE WHOLE CITY OF KITCHENER BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS- 1. Tender Dealt with under Delegations. 2. Ta.q Day Request - Canadian Cancer Society Council considered correspondence from J. Lawrie, Unit Manager, Canadian Cancer Society, dated January 27, 2005, requesting permission on behalf of the Royal Canadian Air Cadets to conduct a Tag Day on April 16, 2005, at specified locations. It was resolved: "That Council grant the request of the Royal Canadian Air Cadets - Scott Wilson Tag Day for Cancer, for permission to request donations on behalf of the Canadian Cancer Society at the following locations on Saturday, April 16, 2005, as outlined in correspondence from J. Lawrie, dated January 27, 2005: · King Street - between Ontario Street and Frederick Street; · Ontario and Queen Streets - within one block either side of King Street; · Eby and King Streets - outside the entrances of Your Kitchener Market; and, · Outside the entrances of the Kitchener Memorial Auditorium Complex." 3. Veterans Licence Plate Proqram Council considered correspondence from the Town of Midland, dated January 31,2005, advising of a recently passed by-law providing an exemption to parking regulations for vehicles displaying the Ontario Veterans Licence Plate. Mayor C. Zehr advised that Councillor G. Lorentz has requested that this matter be referred to staff for investigation. It was resolved: "That correspondence received from the Town of Midland, dated January 31, 2005 regarding passing of a by-law to exempt vehicles displaying the Ontario Veterans Licence Plate from certain parking regulations be referred to staff for investigation to determine the by-laws implications and / or impact to other groups and report as to the feasibility of Kitchener taking similar action." 4. Real Estate Services - Contract Extension Council considered Strategic Services Department report SSD-05-006 (H. Gross), dated January 14, 2005, recommending extension of the current Real Estate Services contract. It was resolved: "That Council extend the Real Estate Services contract which had been awarded to Coldwell Banker Commercial - Peter Benninger Realty and Royal LePage Commercial for an additional one year period with an option to renew for one additional one year term."