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HomeMy WebLinkAboutCouncil - 2005-10-03 COUNCIL MINUTES OCTOBER 3, 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 "0 Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held September 19, 2005 and special meetings held September 19 and 26, 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. Councillor M. Galloway requested clarification with respect to the vehicle listed as Item #5 in the tender and why the successful bid is considerably over the estimated budget. L. Gordon explained that a crane was added to the vehicle after the budget was set in order to provide greater efficiency and use of the vehicle. Councillor J. Gazzola raised a concern that with the exception of Item #5 all the other vehicles were approximately 20% less than the budget estimates and this raises a problem when the tax rate is based on budget and not actual. Councillor Gazzola suggested that the budget process be reviewed with the intent that the budget estimates are closer to actual costs. P. Houston, General Manager of Financial Services & City Treasurer, advised that Financial Services will review the budget process having regard to the budgeted amounts being proposed. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That Tender T05-062, Light and Medium Duty Vehicles, be awarded as follows: · Item #1: One (1) Extended Cargo Van 4,263 kg G.VW. (9,400 lb.), complete to Specification Number CKF-88-2005, with optional rear auxiliary heater at $362., to Steve Scherer Pontiac Ltd., Kitchener, at their tendered price of $28,922.50, including G.ST and P.ST; · Item #2: One (1) All Wheel Drive Pickup Truck 4,173 kg G.VW. (9,200 lb.), complete to Specification Number CKF-288A-2005, to Forbes Motors Inc., Waterloo, at their tendered price of $32,019.45, including G.ST and P.S.T.; · Item #3: One (1) Dual Rear Wheel Conventional Cab and Chassis 5,080 kg G. VW. (11,200 lb.), complete to Specification Number CKF-98-2005, to Gary Cooper Chev-Olds, Elora, at their tendered price of $26,874.35, including G.ST and P.ST; · Item #4: One (1) All Wheel Drive Crew Cab Pickup Truck 4,173 kg G.VW. (9,200 lb.), complete to Specification Number CKF-313-2005, to Forbes Motors Inc., Waterloo, at their tendered price of $37,260., including G.ST and P.ST; · Item #5: One (1) Cut-Away R. V. Cab and Chassis with a 3.9 metre Fibreglass Van Body 6,372.9 kg G.VW. (14,050 lb.), complete to Specification Number CKF-91-2005, to Weiland Ford Sales Ltd., Kitchener, at their tendered price of $72,556.95, including G.ST and P.ST " Carried. Mr. Graham Dare attended in support of the Committee of Adjustment recommendation regarding Submission No. FN 2005-006 (4 Westgate Walk) listed as Item B.5 vi) on the Committee of the Whole agenda of this date. Mr. Dare advised that he has spoken to some of the residents explaining that the landscaping would remain on his property and that the fence would be added which seemed to satisfy some of the opposition to the proposed fence. COUNCIL MINUTES OCTOBER 3, 2005 - 280 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the application of Graham Dare (4 Westgate Walk) requesting permission to construct a 2.1 m (6 ft.) high fence in the front yard rather than the permitted 0.91 m (2.98 ft.) high fence, on Lots 2 & 3, Registered Plan 977, 4 Westgate Walk, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall locate the fence a minimum of 1.5 m (5 ft.) from the Westgate Walk property line, and substantially behind the existing landscaping. 2. That the fence approved in this application shall not be a full height solid wood fence." Carried. Mr. Steve Voisin, Brick by Brick Developments Ltd., attended in support of the Committee of Adjustment recommendation regarding Submission No. SG 2005-007 (192 Activa Avenue) listed as Item B.5 i) on the Committee of the Whole agenda of this date. Councillor M. Galloway raised a concern regarding the light from the proposed sign having an impact on the surrounding residential area. Mr. Voisin advised that the sign will be on a timer shutting off at 12:00 Midnight and that the company has consulted with the area residents and will implement any changes necessary in order to mitigate the impact. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That the application of Brick by Brick Developments Ltd. (192 Activa Avenue) requesting permission to erect a pylon sign with a minimum clearance between the bottom of the sign and grade of 2 m (6.56 ft.) rather than the required 2.44 m (8 ft.), on Block 15, Registered Plan 58M-209, 192 Activa Avenue, Kitchener, Ontario, BE APPROVED." Carried. Ms. Cathy Foxall attended in opposition to the Committee of Adjustment recommendation listed as Item B.5 iv) on the Committee of the Whole agenda regarding Submission No. FN 2005-005 - Ontario Seed Company Ltd. (77 Wellington Street South). Ms. Foxall advised that the submission is for a 7' high chain link fence surrounding the property which in her opinion is out of character for the surrounding residential area. She stated that although sympathetic to the company's concern regarding vandalism, the fence in question may attract more crime in the neighbourhood. Ms. Foxall further advised that a chain link fence would not obstruct the view of the large trucks that would be parked on the property and suggested that a board fence be constructed and perhaps the height of the fence be extended to completely hide the parked vehicles. Councillor C. Weylie advised that she has not had an opportunity to speak with the area residents and believes it is important to ensure their concerns are addressed and she suggested deferral of the matter. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That consideration of the following recommendation of the Committee of Adjustment regarding Submission No. FN 2005-005 - Ontario Seed Company Ltd. be deferred and referred to the October 24, 2005 Council meeting in order to allow further public consultation: 'That the application of Ontario Seed Company Ltd. (77 Wellington Street South) requesting permission to construct a 2.1 m (6.88 ft.) high chain link fence in the front yard (Agnes Street frontage), whereas a maximum height of 0.91 m (2.98 ft.) is permitted in this location, on Part Lot 489, Plan 377 and Part Lots 8-11, Plan 324, 77 Wellington Street South, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall ensure that the fence is located a minimum of 7.6 m (25 ft.) from Agnes Street property line, and there shall be no gate in the fence, and no vehicular access to Agnes Street. COUNCIL MINUTES OCTOBER 3, 2005 - 281 - CITY OF KITCHENER 2. That the owner shall submit to, and receive approval from the City's Supervisor of Site Plans, of a landscape plan for the area in front of the fence, prior to installing the fence.''' Carried. Ms. J. Hutchison provided an overview of the 2005 Kitchener Communities in Bloom competition, designed to inspire businesses and residents to maintain and beautify their properties. Ms. Hutchison introduced Mr. Paul Britton, MHBC Planning Limited, who announced the winners of the Business Awards Category. Mayor C. Zehr and Councillor G. Lorentz presented the 2005 Business Awards to the winning property owner, designer and maintenance firm as follows: Business Awards Proaram Larae Scale Commercial · The Galleria, 40 Weber Street East - The Cora Group, owner, Brian Roth & Associate (designer) and Collingwood Landscaping (maintenance firm). Small Scale Commercial · 133 Manitou Drive - dbc Smart Software, owner & maintainer, and Avalon Gardens (designer). Ind ustrial · 1490 Battler Drive - Conestoga Electric Inc. owner, Robb Brohman (designer), and Stay Green Lawn & Garden Specialists (maintenance firm). Multi-Residential · Briar Patch Lane, 700 Glasgow Street - Hoflinger Holdings owner, and York Nursery (designer & maintenance firm). J. Hutchison then advised of a new Environmental Award in 2005 and introduced the nominees: Tony & Dick Moutray (454 Manchester Road); Bob & Amy Wiffen (47 Aberdeen Road); Sharon Nichols (140 Oakhurst Crescent); Maggy Olsen (88 North Drive); Peter & Patricia Szucs (90 Oueenston Drive); Jean Church & John Wagner (126 India Road); Owner (159 Lydia Street). Councillor B. Vrbanovic presented the Environmental Award to the 2005 winner: Environmental Award Proaram · Sharon Nichols - 140 Oakhurst Crescent Ms. Brenda Gabet, Canada Post, presented a brief overview of the Residential Awards Program and spoke of the involvement of Canada Post letter carriers in seeking nominations for the awards. Each of the six Ward Councillors then presented awards to residential winners as follows: Residential Awards Proaram · Patrick Rittinger - 35 Irvin Street · Stan & Marilyn Psutka - 68 Dalewood Drive . Bernie White - 6 Lucerne Drive . Oliver & Dragica Jovin - 618 Erinbrook Drive · Nora Imbeau - 724 Rockway Drive · Karen Thomas & Pat Wigzell - 115 Peter Street Ms. Gabet then called on Mayor C. Zehr and Councillor G. Lorentz to present the award for City Champion. Citv Chamoion - Residential · Karen Thomas & Pat Wigzell - 115 Peter Street COUNCIL MINUTES OCTOBER 3, 2005 - 282 - CITY OF KITCHENER The Letter Carrier Award was presented to Ben Hayek representing all Canada Post letter carriers who contributed to the residential awards selection process. Mr. Don Bourgeois, Chair, Compass Kitchener, and Barry Watson, Environics Research Group, presented the results of a citizen survey undertaken by Environics Canada on behalf of Compass Kitchener. Mr. Bourgeois provided an overview of the objectives and methodology of the survey highlighting that it will assist in confirming the vision for Kitchener for the next 20 years and provide data on citizen satisfaction with City directions, programs and services. He advised that the survey was mailed out to 5,000 residents and that 20% of those, being 1,238 surveys, were completed and returned. Mr. Watson advised that the response of 20% is a highly representative sample of Kitchener residents providing valuable data for the City. Mr. Watson then reviewed some of the preliminary results regarding what citizens like and dislike about Kitchener and the satisfaction and familiarity with various services offered by the City. He pointed out that overall Kitchener residents are quite satisfied. Mr. Watson further advised that the respondents were categorized into six groups of likeminded people which will assist the City in communicating to the various segments of the population when new initiatives are being proposed and implemented. Mr. Bourgeois concluded the presentation advising that the next steps will involve a comprehensive citizen engagement process, full analysis of the data collected, data used as part of the Growth Management Strategy and to assist in the development of a three-year strategic financial plan. Mayor C. Zehr advised of several delegations that wish to appear before Council regarding Councillor B. Vrbanovic's motion concerning municipal reform listed on the agenda as Item 7(b)(i). Mr. Ferenc Kulcsar advised that the question of municipal reform within the Region of Waterloo had been discussed in 2000 with no consensus reached and he questioned why this matter would be up for discussion once again when nothing has changed since that time. He questioned the motives for bringing this item back for discussion stating that in his opinion the amalgamation of the City of Hamilton has not shown any tax savings yet has resulted in less representation and increased costs. Mr. Kulcsar further advised that it would appear there is no desire from the other municipalities within the Region to discuss this matter and he suggested that Council not support the motion. Ms. Ginny Ouinn attended and suggested that the important question at this time is not necessarily municipal reform but the need to add two more Councillors to the City's Council. Ms. Ouinn stated that the decision not to proceed with the additional Councillors was done in a fast and furious way without any citizen involvement yet, in her opinion, Kitchener needs more diversity on its Council and that a decision to add more Councillors requires further public involvement. Councillor M. Galloway asked if Ms. Ouinn would support having a question added to the 2006 Municipal ballot asking the citizens if they wished to see additional Councillors. Ms. Ouinn responded that the ballot would be an excellent way of obtaining this opinion but this would only affect the 2009 election and in her opinion the additional Councillors should be put in place now in time for the 2006 election. Mr. Len Carter attended stating that although the current Council has been functioning well there should be additional Councillors at the table to ensure better accessibility and better representation. Mr. Carter added that it is not a question of municipal reform but a question of an appropriately sized Council to achieve better decision making. Mr. Todd Letts, President & CEO, Greater Kitchener-Waterloo Chamber of Commerce, attended advising that the question of municipal reform is being discussed more and more by the business community and it is appearing on the agenda of various businesses and community organizations. The Chamber of Commerce is one of those organizations and is of the belief that the time is right to discuss municipal reform within the Region once again. Mr. Letts pointed out that the issue is not just a business issue but is one that affects all citizens and could address the prosperity gap between this Region and other regions within North America. Councillor J. Gazzola requested that Mr. Letts provide members of Council with information regarding the prosperity gap referred to and the comparison of the Region of Waterloo and various States including that of New Jersey. Councillor B. Vrbanovic advised that the question regarding municipal reform has not been discussed for six years and that in his opinion the time is right to open those discussions again through a healthy dialogue, debate and public involvement. He further advised that he is not advocating any particular model except single tier government within the region. COUNCIL MINUTES OCTOBER 3, 2005 - 283 - CITY OF KITCHENER Councillor J. Gazzola advised that in his opinion citizens are more interested in municipal services and tax rates rather than municipal reform. Councillor Gazzola further advised that he introduced the idea of expanding the size of the current Council back in April 2004 which would have allowed public consultation in time for the 2006 election but this idea was not supported by the current Council. Councillor Gazzola added that he would support cost effectiveness and accountability but he questioned whether amalgamation or municipal reform would achieve this. He suggested that the Province should fund a study on municipal reform that has taken place across the Province in order to provide the necessary facts before such a decision. Councillor G. Lorentz advised that when the idea of expanding Council was brought forward in April 2004 there was no indication from his constituents that there was a need for additional councillors. He added, had the idea come forward in the Spring of 2005, he could have supported the motion as it would have allowed proper public consultation. Councillor Lorentz advised that with respect to the motion on municipal reform it is his opinion that there needs to be a rationale discussion on the matter and the process needs to start as soon as possible. Councillor M. Galloway advised that any debate regarding municipal reform must include public consultation and that such a question should be put to the citizens of the various municipalities for their input. Councillor Galloway suggested that one way of doing this is to place the question on a municipal ballot and in that vein, if the question of Council size is re-introduced, that question also be placed on the ballot. Mayor C. Zehr advised that with respect to the question regarding the size of Council, it would not be possible to make Ward changes in time for the 2006 election and therefore any additional Councillors would be elected at large. Mayor Zehr added that with respect to a question on a ballot regarding municipal reform, the Municipal Act does not allow questions to be added to a ballot that are outside of the jurisdiction of the municipal council. Mayor Zehr advised that municipal reform does not always result in tax savings but does allow tax avoidance and allows a single louder voice for its citizens. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the City of Kitchener requests the other municipalities in Waterloo Region to engage in a dialogue around municipal reform with the goal of moving towards one or more municipalities in a single-tier model; and, That such dialogue commences immediately including the possibility of requesting assistance from the Province to provide a facilitator for such discussion; and further, That assuming successful negotiations with the neighbouring municipalities, the newly structured councils take over no later than December 1,2009." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, M. Galloway, G. Lorentz and C. Weylie. Contra: Councillor J. Gazzola Motion Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Councillor J. Gazzola advised that he had requested further information with respect to Clause 2 of the Committee report (pre-budget approval to hire 7 full-time equivalents) but did not receive the information therefore could not support the item. Mayor C. Zehr advised that the addendum report was provided to members of Council. Mayor Zehr added that the request is for additional staff outside of the tax base and is funded through the building permit process. Councillor Gazzola stated that he did not receive the report therefore is unable to vote on that matter. COUNCIL MINUTES OCTOBER 3, 2005 - 284 - CITY OF KITCHENER The report of the Development & Technical Services Committee was then voted on Clause by Clause. Clauses 1 & 2 - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Service Committee be adopted." Councillors B. Vrbanovic and M. Galloway disclosed pecuniary interests with respect to Clause 2 as they are both involved with organizations that obtain funding through bingo licences. Councillor J. Gazzola raised a concern regarding Clause 1 of the report, dealing with an encroachment agreement onto City property (Iron Horse Trail). L. MacDonald, City Solicitor, advised on the legal implications informing Council that staff have looked into the matter and are recommending the encroachment agreement for an existing fenced yard as it will not have a detrimental affect on the City. R. Shamess, Director of Engineering Services, advised that with respect to Clause 3 of the report, he has met with the consultants to discuss the additional costs for the construction of the Victoria Street North Sanitary Sewage Pumping Station. Mr. Shamess advised that the negotiations did not result in a change of the costs as originally reported in his report of September 14, 2005. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 3 of the Finance and Corporate Services Committee report by deleting the opening deferral statement. Councillor J. Gazzola raised a concern regarding Clause 6 of the report dealing with the proposed new Downtown Kitchener Micro-website and why the Information Technology Division was not involved with the project. On motion by Councillor J. Gazzola, seconded by Councillor M. Galloway, it was agreed to defer and refer Clause 6 of the report to the October 17, 2005 Finance and Corporate Services Committee meeting to allow further information to be provided with respect to the involvement of the Information Technology Division with the Downtown Micro-website. The report of the Finance and Corporate Services Committee was then voted on Clause by Clause. Clauses 1 & 2 - Carried. Clause 3 - Carried, as Amended. Clause 6 - Deferred and referred to the October 17, 2005 Finance and Corporate Services Committee meeting to allow further information to be provided with respect to the involvement of the Information Technology Division with the Downtown Micro-website. Balance of report - Carried. COUNCIL MINUTES OCTOBER 3, 2005 - 285 - CITY OF KITCHENER Recorded Pecuniarv Interests & Abstentions: Clause 2 - Councillors B. Vrbanovic and M. Galloway as they are both involved with organizations that obtain funding through bingo licences. Councillor B. Vrbanovic advised that with respect to his Notice of Motion listed as Item 7 b) ii) on the agenda this date concerning Cambridge Memorial Hospital funding, Council has been circulated with a copy of a motion adopted by Regional Council on September 28, 2005. Councillor Vrbanovic further advised that the motion of the Regional Council addresses the concerns he has regarding the Provincial funding for Cambridge Memorial Hospital and suggested that Council endorse the motion. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the City of Kitchener endorses the following motion of the Regional Municipality of Waterloo: 'That the Regional Municipality of Waterloo request the Premier, the Minister of Health, and the Minister of Public Infrastructure to review the decisions surrounding the Cambridge Memorial Hospital capital program so that the plan for hospital services in the Region of Waterloo ordered by the Healthy Services Restructuring Commission Report, endorsed by the Government, and supported by the entire Regional community can be implemented in an expeditious manner; and, That Regional Council reaffirm its financial commitment of $7.8M to the Cambridge project; And that the $7.8M be transferred to an interest bearing reserve fund as of January 1, 2006.''' Carried Unanimously. Councillor J. Smola advised that with respect to his Notice of Motion listed as Item 7 b) iii) dealing with the 2005 Poppy Campaign, he had received a letter from a constituent suggesting that the Federal Government absorb the cost of delivering the fundraising material to Kitchener residences. Councillor Smola further advised that the City exempts the Legions that operate the Poppy Program from municipal taxes and that it would seem appropriate for the Federal Government to also make an exemption regarding the Poppy Program. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "WHEREAS The Honourable Albina Guarnieri, Minister of Veterans Affairs, has declared 2005 the Year of the Veteran; and, WHEREAS it is an important to honour veterans and their service and 2005 is especially meaningful because it marks the 60th anniversary of the end of the Second World War; and, WHEREAS donations to the Royal Canadian Legion's Poppy Campaign are used to assist veterans and to care for memorials to the valour and sacrifice of our veterans. NOW THEREFORE BE IT RESOLVED: That Canada Post be requested to process and deliver at no cost, the white poppy envelopes on behalf of the Kitchener-Waterloo Poppy Fund 2005 campaign during the month of November." Carried. Council was in receipt of Development & Technical Services Department report DTS-05-167 (C. Ladd), dated September 27, 2005, regarding the Provincial report "Watertight: The Case for Change COUNCIL MINUTES OCTOBER 3, 2005 - 286 - CITY OF KITCHENER in Ontario's Water and Wastewater Sector". C. Ladd advised that the recommendations contained in the report is the first step in trying to influence the Province on the position it may be taking and prior to any white paper being published on the delivery and water sewage systems. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That City Council supports the principles of the report titled 'Watertight: The Case for Ontario's Water and Wastewater Sector" excluding recommendation 4.9 submitted by the expert panel to the Ministry of Public Infrastructure Renewal on July 22, 2005; and, That City Council approve the proposed response letter to the Minister of Public Infrastructure Renewal as drafted by the Cities of Kitchener, Waterloo and Cambridge; and that the Mayor be authorized to sign the letter on behalf of the City of Kitchener; and, That City Council approve a collaborative "WaterTight Local Solution Working Group" comprised of senior staff from the Area Municipalities in the Region of Waterloo affected by the report recommendations in order to accomplish the following: i. To refine the proposed governance model in the Watertight report while maintaining its integrity, and blend with local solutions philosophy which the Expert Panel has strongly acclaimed to adopt. ii. To make recommendations to the local Area Municipal CAO's and Council's on how we can locally implement the Expert Panels best practices into our community; and, That City Council approve $30,000 to be funded from the applicable Reserve Fund to be determined by the General Manager of Financial Services as the City's share towards a $90,000 budget for the hiring of external consulting and legal expertise; and further, That these recommendations be circulated for information to the Regional Municipality of Waterloo and the Area Municipalities within the Region of Waterloo borders, and the Area Municipalities in the Region of York and Niagara." Carried. Mayor C. Zehr advised that the Region will be undertaking a study of the Fischer-Hallman and Ottawa Street area regarding the traffic conditions with the intent to make improvements. Mayor Zehr also advised that the proposed Regional Pesticide By-law and Program has been circulated to the local municipalities. Councillor B. Vrbanovic advised that the Environmental Committee will be discussing the Regional Pesticide By-law on October 20, 2005 and the public will be invited to participate with any recommendation to come forward to Council on October 24, 2005. Councillor G. Lorentz pointed out that the Leaf Collection Program will be commencing soon and he requested a report from the Community Services Department updating Council on the Fall leaf collection process. Councillor B. Vrbanovic pointed out that the renovations to the Auditorium have now been in place for over a year and he requested a report from the Community Services Department providing an update to Council on the changes made at the Auditorium. 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. 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. COUNCIL MINUTES OCTOBER 3, 2005 - 287 - CITY OF KITCHENER (d) Being a by-law to provide for the establishing and laying out of part of Pine Valley Drive as a public highway in the City of Kitchener. (e) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "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 G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) 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. 2005-180) (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. (By-law No. 2005-181) (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. (By-law No. 2005-182) (d) Being a by-law to provide for the establishing and laying out of part of Pine Valley Drive as a public highway in the City of Kitchener. (By-law No. 2005-183) (e) To confirm all actions and proceedings of the Council. (By-law No. 2005-184) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:22 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 3, 2005 - 288 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the City of Kitchener supports the installation of pedestrian lighting on Regional Roads in Downtown Kitchener, as identified in the report titled 'On Lighting Downtown', dated April 1998; and, That staff continue to install the duct work and pole bases for pedestrian lighting on Victoria Street to support the future installation of pedestrian lighting in the spring of 2006; and further, That the Region of Waterloo be so advised. 2. That the Building Division be given pre-budget approval to hire the additional resources to a maximum of 7 full time equivalents, as identified in Development and Technical Services Department report DTS-05-164, to satisfy the Corporation's new obligations under the Building Code Act and Ontario Regulations #305/03. COMMUNITY SERVICES COMMITTEE - 1. That the Director of Enterprise, Community Services or the Manager of the Kitchener Memorial Auditorium Complex (The Aud) be authorized to execute an agreement, satisfactory to the City Solicitor, as attached to Community Services Department report CSD-05-108, with Timothy Brideau, Brideau Management, to sell rink board advertising within Community Arenas. 2. That the Director of Enterprise, Community Services or the Manager of the Kitchener Memorial Auditorium Complex (The Aud) be authorized to execute a pre-approved agreement, satisfactory to the City Solicitor, as attached to Community Services Department report CSD- 05-114, with the Kitchener Minor Hockey Association (KMHA) to lease space for the sale of Nevada Tickets at The Aud. 3. That a general provision grant in the amount of $800., be approved, to the Tamil Cultural Association of Waterloo Region to assist with expenses related to hosting their 5th Annual Cultural Nite in October 2005; and further, That notwithstanding the September 9, 2005 deadline to submit a grant application has expired, the Tamil Cultural Association of Waterloo Region be permitted to submit a grant application for consideration as part of the 2006 annual grant process. 4. That the change of status of the Senior Day Program Assistant and the Peer Helper Co- ordinator, from part-time to permanent full-time employees, be approved. 5. That staff be directed to undertake Option 2, as outlined in Community Services Department report CSD-05-115; and further, That additional funding for the construction of the proposed pedestrian/cyclist bridge over Highway 401, east of Homer Watson Boulevard, up to a maximum $190,000., be approved, subject to the City of Cambridge and Regional Municipality of Waterloo each approving an equal amount. FINANCE AND CORPORATE SERVICES COMMITTEE- 1. 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 Avenue South, 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. 2. That the request of the Kitchener Pioneer Lions Club to increase the prize board of their media bingo to $5,500. from $3,000. a maximum of twelve times per calendar year from six times per calendar year, be denied. COUNCIL MINUTES OCTOBER 3, 2005 - 289 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE- 3. That the request of Conestoga Rovers and Associates (CRA) for an increase in fees for consultant services related to Expression of Interest E02-044, Consultant Services - Construction of the Victoria Street North Sanitary Sewage Pumping Station and additional expenditures of $101,250. be approved, to account for an extended construction schedule and additional inspection. (As Amended) 4. That the contract for Expression of Interest E05-049, Consultant and Architectural Services Kitchener Central Library Building Program Review and Conceptual Design, awarded to Levitt Goodman Architects, Toronto and Phillip Carter Architect, Toronto in joint venture be amended to include an investigation of energy efficiency and sustainable design measures at their consulting fee of $18,000, excluding G.ST 5. That the Terms of Reference for the Corporate Accessibility Steering Group (CASG) attached to Community Services Department report CSD-05-112, dated September 19, 2005, be approved; and, That a Capital Budget account be established to fund corporate projects that will remove barriers to accessibility for persons with disabilities as per the Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005; and further, That $150,000 be allocated to the Capital Budget account in 2006 and $100,000 per year for the years 2007- 2011 inclusive, subject to final approval through the capital budget process. 6. That Chief Administrator's Office report CAO-05-035 (Preview of the new Downtown Micro web site, featuring City investments such as the Centre Block initiative, urban lifestyle elements, and information for doing business in Downtown Kitchener), be accepted for information purposes. (Deferred and referred to the October 17, 2005 Finance and Corporate Services Committee meeting to obtain additional information regarding the involvement of Information Technology Division with the website.) 7. That the proposed 2006 schedule of Council and Standing Committee meetings contained in Corporate Services Department report CRPS-05-144, dated September 21, 2005, be adopted. COUNCIL MINUTES OCTOBER 3, 2005 - 290 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. 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." B. ADMINISTRATIVE REPORTS- 1. Encroachment Aareement - 121 Centurv Hill Drive It was reso Ived: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Lot 412, Registered Plan 1375, municipally known as 121 Century Hill Drive, to legalize the existing encroachment of a fenced vegetable garden with a retaining wall which encroaches approximately 24' by 20' and a cucumber patch with a retaining board which encroaches approxi mately 6' by 13' at the rear of the property, on adjacent City owned property." 2. Encroachment Aareement - 154 Wilderness Drive 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 Block 12 on Registered Plan 58M-15 designated as Part 61 on 58R-10621, municipally known as 154 Wilderness Drive, to legalize the installation of a 3' high pressure treated wooden fence at the corner of Wilderness Drive and Mountain Mint Crescent which will encroach approximately 4m along the Wilderness Drive road allowance and approximately 4m along the Mountain Mint Crescent road allowance." 3. Encroachment Aareement - 408 Hearthwood Drive It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of Lot 38, Registered Plan 58M-135, municipally known as 408 Hearthwood Drive, to legalize the installation of an 8' wooden fence to be located approximately 2.5m, more or less, onto an easement registered as Instrument Number L T38127, commencing at the rear lot line stopping at the front building wall, said Agreement to be registered on title." 4. Tender Dealt with under Delegations. 5. Committee of Adiustment Decisions Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held September 13, 2005. Items B 5.i), iv) and vi) regarding Sign Variance Application SG 2005-007 (Brick by Brick Developments Ltd - 192 Activa Avenue), Fence Variance Application FN 2005-005 (Ontario Seed Co. Limited - 77 Wellington Street South) and Fence Variance Application FN 2005-006 (Graham Dare - 4 Westgate Walk) were dealt with under delegations. COUNCIL MINUTES OCTOBER 3, 2005 - 291 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Committee of Adiustment Decisions - (Cont'd) It was resolved: "That the application of Grand River Credit Union (1334 Weber Street East) requesting permission to erect a pylon sign containing automatic changing copy in the same location as the existing pylon sign, located 28 m (91.86') from a residential zone rather than the required 150 m (492.12') on Lot 30, Part Lot 31, Plan 687,1334 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to condition: 1. That the owner shall enter into an encroachment agreement satisfactory to the Region of Waterloo for the sign; which includes the requirement that the owner provide and deposit at their expense a Survey Reference Plan to delineate the extent of the encroachment." - and - "That the application of First Capital (Fairway) Corporation (655 Fairway Road South) requesting permission to replace an existing pylon sign with a pylon sign having a height of 8.2 m (26.9') rather than the permitted 7.5 m (24.6') and a sign area of 21 sq. m. (226 sq. ft.) rather than the permitted 20 sq. m. (215.28 sq. ft.), on Part Lot 2, Registered Plan 1525, 655 Fairway Road South, Kitchener, Ontario, BE APPROVED."