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HomeMy WebLinkAboutCouncil - 2005-11-07 COUNCIL MINUTES NOVEMBER 7, 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 Taylor Jasztrab, Caring Kids. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held October 24, 2005 and special meeting held October 31,2005, 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 and an additional tender not listed notice of which was previously given by the Clerk. Moved by Councillor J. Gazzola Seconded by Councillor M. Galloway "That Tender T05-079, Printing of City of Kitchener Newsletter (Your Kitchener), be awarded to The Record, a Division of Torstar, Kitchener, Ontario, at their tendered price of $51,865., including G.S.T. & P.S.T., with an option to renew for two (2) additional one-year terms, based on budget availability." - and - "That Proposal P05-030, Election Systems, be awarded to Dominion Voting Systems, Toronto, Ontario, on Rental Agreement for the provision of a centralized voting solution for the 2006 general election, at an estimated price of $78,921., including G.S.T. & P.S.T.; and further, That authorization also be given for the rental of equipment for the 2009 general election, with an option to extend to the 2012 general election, based on the above Proposal." - and - "That Proposal P05-082, Plumbing Services, be awarded to Dave Hurst Plumbing & Heating Inc., Kitchener, Ontario, and J. Orrell Limited, Waterloo, Ontario, at their proposed hourly rates for a one-year period with the estimated annual value of this contract being $125,000., plus G.S.T. & P.S.T." - and - "That Expression of Interest E05-070, Consultant Services, Municipal Class Environmental Assessment - Voisin Greenway - Stirling Avenue to the Conestoga Parkway, be awarded to Stantec Consulting Ltd., Kitchener at their estimated fee of $150,418., including a contingency of $12,780. 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." - and - "That Tender T05-074,Cedarview Place Construction, be awarded to Terracon Underground Ltd., Brantford, at their tendered price of $523,209.11, including provisional items of $47,521.50 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Brad Ullner and Ms. Taposhi Batabyal, Co-Chairs, Grand River Accessibility Advisory Committee, gave an update on the work of the Committee and its recent accomplishments. During this presentation, Ms. Peggy Zehr, ASL Interpreter, Canadian Hearing Society, performed sign language COUNCIL MINUTES NOVEMBER 7, 2005 - 318 - CITY OF KITCHENER services for the deaf. Mr. Ullner stated that creation of the Advisory Committee was mandated under the Ontarians With Disabilities Act and serves to approve accessibility plans developed by local municipalities to identify and remove barriers to the participation of people with disabilities. Under the Accessibility for Ontarians With Disability Act, the Committee will have a role in enforcing Provincial accessibility standards and has actively provided expert advice on issues related to hearing, snow clearing, transit and site plans, as well as liaise with area municipalities on accessibility issues. During Mr. Ullner's presentation the Council meeting was disrupted by members of the K-W Youth Collective, led by Mr. Julian Ichim, protesting against an alleged closure of the Mayfair Hotel to accommodate development of a new Main Library on the Centre Block and to lodge a complaint against being excluded from the list of delegations on the Council agenda this date. Mayor C. Zehr adjourned the meeting at 7:20 p.m. and members of Council left the Chamber until order was restored. The meeting reconvened at 7:30 p.m. Mayor C. Zehr stated that neither he nor Council can condone the disruptive behaviour witnessed this date but that Council would allow the Youth Collective the same opportunity to speak as any other member of the public provided they respected the rules and decorum of the Council meeting. Following conclusion of the Grand River Accessibility Advisory Committee presentation, the Youth Collective was permitted to address Council. In response to the complaint regarding registering as a delegation, Mr. G. Sosnoski advised that Mr. Ichim had called asking to be registered to speak in regard to the Centre Block development and was advised that it was not a topic of discussion on the agenda this date and no response was received. Mr. Sosnoski stated however, that there was no reason under normal circumstances for staff to prohibit anyone from registering as a delegation not to list anyone as a delegation and it appeared there was some misunderstanding in this regard. Mr. J. Ichim stated that persons in need of housing were being denied access to the Mayfair Hotel because of development plans on the Centre Block and those currently housed at the Hotel were at risk of being evicted. Members of the Youth Collective expressed the opinion that a new library was not needed and asked that consideration be given to providing more housing on the Centre Block for those in need. Mayor C. Zehr advised the Youth Collective that the City has no specific plans for the Mayfair Hotel. He explained that while the Hotel is operated by Kitchener Housing Inc., the issues of homelessness and affordable housing fall under the jurisdiction of the Region of Waterloo. He commented that the Region has contributed substantially to the supply of affordable housing but acknowledged that more still needs to be done. He also gave assurances that the City of Kitchener had no intention of evicting anyone. Ms. Jo-Ann Hutchison and Ms. Erina Harris provided an overview of the Ontario Senior of the Year Award established in 1994 to provide each municipality with an opportunity to honour one outstanding local senior. Mayor C. Zehr then presented Mr. Peter Hinchcliffe with the Ontario Senior of the Year Award for his many contributions to seniors programs in the Kitchener community. Mr. Steve Steele, Volunteer, and Ms. Sue Taylor, Regional Director, Central West Ontario - Canadian Diabetes Foundation, shared information about the seriousness of diabetes locally and nation-wide. Council was in receipt of a fact sheet on diabetes and received this date red wrist bands, worn as a symbol of support for the Association's awareness campaign. Mr. Steele advised that within the Region, approximately 15,000 currently live with the disease, with 1 in 3 babies at risk of developing Type 2 diabetes within their lifetime. Mr. Steele challenged Council to lead by example in making lifestyle changes toward proper diet and exercise, and to assist Kitchener in becoming an active community by building low cost activity areas that encourage walking, cycling, running and other similar type activities. Mr. Steele also agreed that it is important for Regional School Boards to introduce educational programming to raise student awareness and advised that a wealth of information regarding diabetes is available on the Society's website. Mr. Bruce MacNeil, Chair, Kitchener Public Library (KPL) Board, spoke of the role branch libraries have in enriching area neighbourhoods by responding to community specific information needs through relevant collections, programming and services. Forest Heights Community Library was highlighted for its family, literacy and immigrant settlement programming partnerships. Mr. MacNeil commented that all four community libraries have in their own uniqueness become integral parts of their surrounding communities and thanked Council for its support in responding to the informational and recreational needs of its residents. COUNCIL MINUTES NOVEMBER 7, 2005 - 319 - CITY OF KITCHENER Council was in receipt of an information sheet dated November 7, 2005 from Ms. Mary Jane Patterson, Manager, Residential Energy Efficiency Project (REEP), relative to Clause 1 of the Finance and Corporate Services Committee report of this date dealing with a request to the City for financial support of REEP. Ms. Patterson spoke in support of Clause1 of the report, clarifying issues related to funding by senior levels of government, a proposed fee for follow-up evaluations and providing rationale as to why the City should not reduce its funding support of REEP. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 1 of the Finance and Corporate Services Committee report of this date be adopted." Carried Unanimously. Mr. L. Rudrum thanked Council and staff for responding to his earlier requests to install electric push buttons on the washroom doors at the Victoria Park Boathouse and paving park walkways to assist those persons with disabilities. He then asked that consideration be given to permanent relocation of the ice rink assembled annually in the common area of the park to a large, unused area near the back of the park between the railway tracks and an existing warehouse; and installation of traffic calming measures along Jubilee Drive. Mr. Rudrum also voiced concerns with regard to the cost of the new entrance feature for the park, suggesting that the majority of pedestrian traffic comes from areas other than where the feature will be located. Mayor C. Zehr asked that staff investigate the concerns raised by Mr. Rudrum and in particular, the issue of traffic calming on Jubilee Drive. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." At the October 31, 2005 Community Services Committee meeting, Community Services Department report CSD-05-111 (M. Hildebrand) was considered, dealing with a request by the K-W Fastball Promotions Inc. for the City to partner in hosting the 2006 International Softball Congress (ISC) World Tournament. A subsequent request was made by the organization for the City to also support hosting of the 2007 ISC World Tournament should the organization decide to pursue the second event. The Committee referred the staff recommendation in report CSD-05-111 to the Council meeting this date to allow staff to address concerns raised regarding hosting of the 2007 Tournament. Council was in receipt this date of Community Services Department report CSD-05-140 (Addendum - M. Hildebrand), dated November 3, 2005, to address the concerns raised regarding K-W Fastball Promotions Inc. proposal to potentially host the 2007 ISC World Tournament. Councillor G. Lorentz advised that the staff recommendation was revised to exclude the $10,000. loan for the 2006 Tournament, as the organization indicated it was no longer needed; and to add an additional paragraph indicating the City's support, in principle, to the local host committee in its pursuit of the 2007 Tournament. Council agreed to add the staff recommendation in report CSD-05-140 to the Community Services Committee report this date as Clause 5. With regard to Clause 4 of the report, Mayor C. Zehr referred to media coverage indicating Council had not received a copy of the Forensic Audit Review of Kitchener Minor Soccer Inc., when in fact they had and asked Ms. L. MacDonald to clarify. Ms. MacDonald advised that one year ago, Council received a copy of the audit in their weekly information packages of October 1,2004 for consideration at an October 4, 2004 in-camera meeting. KPMG, author of the report, attended the in-camera meeting to review the findings and discuss options. Following the meeting, Council was asked to return their copies of the report to Legal staff for safekeeping pending a review by Regional Police, as the report contained personal information that may be subject to FOI legislation. Ms. MacDonald confirmed that six of the seven copies were returned to Legal staff. Councillor J. Gazzola advised that he had kept his copy of the report for several days following the in-camera meeting and on being requested to return his copy, did so. Ms. MacDonald advised that she could not confirm the whereabouts of the seventh copy and agreed to further investigate. The Community Services Committee report was then voted on and Carried Unanimously. COUNCIL MINUTES NOVEMBER 7, 2005 - 320 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Council was in receipt of Chief Administrator's Office report CAO-05-042 (S. Wright), dated November 3, 2005, relative to Clause 7 of the report, dealing with a new policy for financial incentives for the Downtown Fac;;ade / Interior Loan and Upper Storey Renovation Programs. This matter was deferred at the October 31,2005 Finance and Corporate Services Committee meeting and referred to the Council meeting this date pending additional information regarding funding scenarios and the impact of low rate interest on loans during the first two years. In response to questions, staff clarified issues related to loan repayment, disbursements and how the forgivable / interest portions of a loan will apply. Mayor C. Zehr requested staff to ensure that the terms of the agreement reflect that the forgivable portion of a loan is applied over the full ten year term. Councillors J. Smola and B. Vrbanovic suggested that a promotional package be prepared for circulation to property owners in the qualifying area and promotional signage be provided for window display at properties who have received loan funding. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried Unanimously. Clause 7 - Carried Unanimously. Balance of report - Carried. Mayor C. Zehr reported on Regional issues, advising that the Region is continuing its educational program in regard to reducing the non-essential use of pesticides and discussion regarding the potential to enact a Pesticide By-law, originally scheduled for November 23,2005 may be postponed. In addition, he noted that he unsuccessfully argued against a Regional Council motion urging the Province to include Recommendation 4.9 of the Swain Report, 'Watertight: The Case For Change in Ontario's Water and Wastewater Sector', in the White Paper public consultation process. Recommendation 4.9 states 'the Municipal Act should be amended to give all Regional municipalities exclusive jurisdiction over all elements of the water and wastewater sector.' Councillor J. Gazzola then introduced a motion, seconded by Councillor G. Lorentz, requesting the Minister of Municipal Affairs and Housing to commission an objective review of the results of amalgamations in Ontario. Councillor J. Gazzola expressed the opinion that such a study is necessary prior to moving forward with discussions concerning municipal reform. At the request of Councillor B. Vrbanovic, it was agreed to remove from the first paragraph of the motion, the phrase 'over the last ten years' to allow a broader range of past amalgamations to be included in the study. At the request of Councillor M. Galloway, it was also agreed to circulate the motion to the Association of Municipalities of Ontario and the last paragraph of the motion was revised accordingly. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the Ministry of Municipal Affairs and Housing, on behalf of Ontario municipalities, commission an objective review of the results of amalgamations in Ontario relative to the principles of affordability, accountability and political accessibility with a view to determining the financial, service and other benefits and / or drawbacks of amalgamations; and, That the review include the impact, as outlined above, on services such as transit and garbage collection which were merged or uploaded to the Regional Municipality of Waterloo by the area Municipalities; and, COUNCIL MINUTES NOVEMBER 7, 2005 - 321 - CITY OF KITCHENER That it is intended the above review would address practical as well as theoretical issues and with an emphasis on the perception and experience of the broader public as opposed to only elected officials and administrators; and further, That this resolution be circulated to the Association of Municipalities of Ontario (AMO) and all municipalities in Ontario requesting their support." Carried Unanimously. Councillor B. Vrbanovic referred to an earlier request for staff to report at the end of November on best practices for in-camera sessions that could be forwarded for review by the Province and asked that staff include in their report steps that the City could take on its own to improve transparency in its governance. 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) 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) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dr. Martin Dziak - East Avenue. (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 B. Vrbanovic as Chair. 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 G. Lorentz "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) 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. 2005-196) COUNCIL MINUTES NOVEMBER 7, 2005 - 322 - CITY OF KITCHENER (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. 2005-197) (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. 2005-198) (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dr. Martin Dziak - East Avenue. (By-law No. 2005-199) (e) To confirm all actions and proceedings of the Council. (By-law No. 2005-200) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:00 p.m. MAYOR CLERK COUNCIL MINUTES NOVEMBER 7, 2005 - 323 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That free parking be provided at all City of Kitchener operated downtown parking facilities on Saturdays commencing November 26, 2005 and extending through the Christmas season to December 31,2005 inclusive. 2. That subject to final approval, as part of the 2006 operating budget deliberations, $1,560. be added to the Grand River Recreation Complex operating budget to cover the cost of labour and materials for annual year-end aerating and top-dressing, for the Rosenberg Bowling Greens; and further, That subject to budget approval, the Mayor and Clerk be authorized to execute an amendment to the licence agreement between the City of Kitchener and the Heritage Greens Lawn Bowling Club, subject to the satisfaction of the City Solicitor, for the use and provision of services at the Rosenberg Bowling Greens, as outlined in Community Services Department report CSD-05- 124. 3. That the Cemetery Operations and Strategic Business Alternatives Plan as presented by F. J. Galloway and Associates Inc. be received; and, That staff be directed to review, assess and comment on the recommendations of the Cemetery Operations and Strategic Business Alternatives Plan for consideration of the Community Services Committee; and further, That on completion of said assessment, an implementation plan be developed for presentation to the Community Services Committee no later than February 2006. 4. That the findings of the Waterloo Regional Police Services regarding the Forensic Review of Kitchener Minor Soccer Inc., prepared by KPMG be received; and, That the Forensic Review be made public following the application of the Municipal Freedom of Information and Protection of Privacy Act; and further, That once the Forensic Review document is made public, staff review it to determine if there are any possible adjustments to the way the City deals with affiliated groups and report back to a future Council meeting. 5. That the Mayor and Clerk be authorized to sign a partnership agreement with KW Fastball Promotions Inc., satisfactory to the City Solicitor, for the purpose of hosting the 2006 International Softball Congress (ISC) World Tournament; and, That as part of the City's involvement, the City includes KW Fastball Promotions Inc. as an additional insured under the City's Municipal Liability Insurance program, for the purposes of the event; such insurance shall be in the amount of $5,000,000 and shall be subject to: i) the terms and conditions of Municipal Liability Policy; and, ii) the requirements outlined in the terms and conditions of the partnership agreement; and, That the City of Kitchener provide a grant of $3,000, to be funded from the 2006 general provisions grant account, to co-host the Hall of Fame Breakfast; and, That the City of Kitchener receives the appropriate level of recognition for sponsoring and partnering the 2006 ISC World Tournament; and further, That the City of Kitchener supports the local host committee, in principle, in its pursuit of the 2007 International Softball Congress World Tournament. COUNCIL MINUTES NOVEMBER 7, 2005 - 324 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That subject to consideration during the 2006 budget deliberations, $20,000. be allocated to the Residential Energy Efficiency Project (REEP), Waterloo Region, as part of the Environmental Committee's 2006 operating budget. (Dealt with under Delegations and Carried Unanimously) 2. That $40,000 be added to Kitchener Public Library's base Operating Budget, effective January 1, 2006, to support Reciprocal Borrowing Agreements with Waterloo Public Library, Cambridge Public Library and the Waterloo Regional Library. 3. That $90,000 be added to the Capital Forecast in 2006 for the extension of the watermain to provide water for fire fighting purposes for the chapel/crematorium at Williamsburg Cemetery, with further consideration referred to the 2006 budget process. 4. That $250,000.00 be transferred from the Belmont Avenue rehabilitation project's approved funding into the Capital Infrastructure Surplus account; and further, That complete funding for the Belmont Avenue reconstruction project, in the amount of $498,563.30, be paid from the Capital Infrastructure Surplus account. 5. That additional funds of $70,000 (not including G.S.T.) for professional consulting services for the Iron Horse Trail Sanitary Sewer replacement be paid from the Capital Infrastructure Surplus account. 6. That the inventory of available land in Huron Business Park, and market, construction and assessment values, as contained in Chief Administrator's Office report CAO-05-039, be received as information only. 7. That Council Policy 1-535 (Downtown Building Fac;;ade - Interior Loan Program) be repealed and replaced with the draft Policy (Combined Fac;;ade / Interior Loan / Upper Storey Renovation Program), attached to Chief Administrator's Office report CAO-05-037; and further, That the Executive Director of Economic Development be authorized to grant or refuse all applications for loans under the Combined Fac;;ade / Interior Loan / Upper Storey Renovation Program, based on the conditions and criteria established for this program, and to execute all necessary resulting documentation, to the satisfaction of the City Solicitor. (Carried Unanimously) 8. That the Corporate Integrated Financial System Project Proposal as contained in Financial Services Department report FIN-05-034 be approved, and the related estimated project funding of $ 3,200,000 be included in the 2006 Capital Forecast for consideration during the 2006 Capital Budget Review Process. COUNCIL MINUTES NOVEMBER 7, 2005 - 325 - 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. Licence - Adult Entertainment Parlour Attendant It was resolved: "That Amber-Lee Elener be granted an Adult Entertainment Parlour Attendant Licence." 2. Execution of Engineering Agreement - Williamsburg South Subdivision - 1106163 Ontario Limited It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding 1106263 Ontario Limited, Williamsburg South Subdivision, Plan 30T-96006." 3. Execution of Engineering Agreement - Williamsburg South - Max Becker Enterorises Limited It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding Max Becker Enterprises Limited, Williamsburg South, Plan 30T-01207." 4. Various Tenders Dealt with under Delegations. 5. Request to Purchase Daylighting Triangles at 3 Intersections Along Lancaster Street East Council considered Corporate Services Department report CRPS-05-163 (L. Proulx), dated October 27, 2005. It was resolved: "That the Mayor & Clerk be authorized to sign purchase agreements for three separate triangular parcels of land located at the corner of Luella Street at Lancaster, Mansion Street at Lancaster, and Clarence Place at Lancaster, more specifically described as Parts 1, 2 and 3 on Reference Plan 58R-151 00, to the satisfaction of the City Solicitor." COUNCIL MINUTES NOVEMBER 7, 2005 - 326 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Surolus Land - Convev to Adiacent Prooertv Owner - Sheldon Avenue North Council considered Corporate Services Department report CRPS-05-164 (L. Proulx), dated October 27,2005. Councillor M. Galloway requested clarification as to why the purchaser was being allowed to obtain an appraisal for the property; citing an earlier example whereby a valuation obtained by a purchaser differed significantly from that obtained by the City. Mr. G. Sosnoski advised that staff establish the parameters of the appraisal and require the purchaser to obtain the services of an accredited appraiser, who is unlikely to risk his / her reputation by under-valuing the property. The City also reviews the appraisal submitted. He also noted that this practice allows all transaction costs to be transferred to the purchaser. Ms. L. MacDonald added that in the previous incident the purchaser did not obtain the services of an accredited appraiser, hence the discrepancy in values. She advised that the City is not obligated to accept the appraiser's valuation. It was resolved: "That lands to be described on a new reference plan showing a parcel approximately 338 feet in depth with a width of 15 feet at the southerly edge of Part 1 on Reference Plan 58R-1054 and 20 feet in width at the south end of Part 2 on Reference Plan 58R- 1054, be declared surplus to the City's needs; and, That the land be conveyed to the registered owner of lands immediately adjacent for fair market value and including all incidental costs associated with the transaction; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete the conveyance, to the satisfaction of the City Solicitor."