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HomeMy WebLinkAboutCouncil Minutes - 2001-12-10COUNCIL MINUTES DECEMBER 10, 2001CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. th The meeting began with the singing of “O Canada” by the 47 Kitchener Girl Guides. On motion by Councillor J. Ziegler, the minutes of the regular meeting held November 26, 2001, and special meetings held November 26 and December 3, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE – (a)Letter dated December 5, 2001, from G. Sosnoski, City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. COMMUNICATION REFERRED DIRECTLY TO FILE – (a)Letter dated November 16, 2001, from S. Poirier, Executive Correspondence Officer – Office of the Prime Minister, acknowledging receipt of Council’s resolution concerning Federal infrastructure funding. Mr. L. Gordon, Manager of Purchasing, attended with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon requested consideration of three additional tenders as outlined in memoranda dated December 7 and 10, 2001; two Tenders, T01-131 and T01-132, with respect to the Peter Hallman Ball Yard, and Expression of Interest E01-125 with respect to consultant services for the Waterloo Street reconstruction. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler “That Expression of Interest E01-121, Consultant Services - Site Assessment and Remediation Frontline Environmental Management Inc., Kitchener, - Winslow Drive, be awarded to at their estimated fee of $36,380., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established. “ - and - Ricter Web Printing Ltd., “That Tender T01-128, Printing of Leisure Magazine, be awarded to Brantford, Ontario at their adjusted tendered price (Option “A”) of $103,361.58, plus G.S.T. & P.S.T.” - and - “That Proposal P01-111, Authorized Contractor/Dealers for Natural Gas Rental Water Heater Boehmers Home Services, Kitchener, Capital Plumbing & Installation, be awarded to: Heating (K-W) Ltd., Kitchener, and Hogg Fuel & Supply Ltd., Kitchener , at the proposed st dealer allowance scheduled prices for one (1) year commencing December 1, 2001 and th terminating November 30, 2002; and further, That the Award establishes each new Contractor to Secondary Dealer status in the program and includes an option to extend for one (1) additional twelve (12) month term.” - and - “That Proposal P01-112, Authorized Contractor/Dealers for the Natural Gas Appliance Boehmers Home Services, Kitchener, Capital Financing Program, be awarded to: Plumbing & Heating (K-W) Ltd., Kitchener, and Hogg Fuel & Supply Ltd., Kitchener , for stth one (1) year commencing December 1, 2001 and terminating November 30, 2002; and further, That the Award establishes each new Contractor to Secondary Dealer status in the program and includes an option to extend for one (1) additional twelve (12) month term.” - and - COUNCIL MINUTES DECEMBER 10, 2001478CITY OF KITCHENER - - Rankine “That Tender T01-131, Peter Hallman Ball Yard Building Facility, be awarded to Construction Ltd., Mississauga, Ontario at their tendered price of $760,424.39, including G.S.T., less $38,520.00, for the masonry portion of the contract; and further, E. R. Masonry, Kitchener That the City award the masonry portion of the contract to , at their tendered price of $38,520.00, including G.S.T.” - and - Wayne “That Tender T01-132, Peter Hallman Ball Yard Sportsfield Lighting, be awarded to Electric Company Limited, Carlisle, Ontario at their tendered price of $178,850.00, including G.S.T.” - and - “That Expression of Interest E01-125, Consultant Services - Waterloo Street Reconstruction Conestoga-Rovers & Associates, (Wellington Street to the City Limits), be awarded to Waterloo at their estimated fee of $158,571., including G.S.T., and a contingency of $13,473., based on a satisfactory contract being negotiated and an upset fee being established. “ In response to questions, Mr. F. Pizzuto advised that the contractor will commence work on the Peter Hallman Ball Yard before Christmas, with their work being completed by the beginning of May; following which some additional work will be undertaken by staff. The Tenders presented have come in on budget; however, there will be additional costs in 2002 for the work to be undertaken by staff. Carried. The Tenders were then voted on and Mr. J. Cooper was in attendance to advise of the Kitchener recipients of the Parks and Recreation Ontario Awards for Volunteerism. He explained that Parks and Recreation Ontario is an all-inclusive, not-for-profit corporation dedicated to enhancing the quality of life, health and wellbeing of people, their communities and their environments throughout Ontario, and annually recognizes and honours the achievements of its members. Mayor C. Zehr and Councillor G. Lorentz then presented awards to the following people: Honourary Award – More Than 15 Years Jeff Anderson – K-W Track and Field Achievement Award – More Than 20 Years Tom Reed – K-W Track and Field Award – More Than 8 Years Brad Ullner & Patti Duke – K-W Barrier Free Advisory Committee Other Award recipients, not in attendance were: Honourary Award – More Than 15 Years Kitchener Minor Hockey Dave BarrPaul Beckner Rick BrayshawDoug Hoffman Lenore HoffmanDan Lemieux Dennis LesperanceBruce Miller Paul NeznyCarol Westfall Ralph Westfall COUNCIL MINUTES DECEMBER 10, 2001479CITY OF KITCHENER - - Achievement Award – More Than 20 Years Kitchener Minor Hockey Pat DohertyTim Forsyth John GazzolaTom Graham Jim GrandyJerry Kempel Mike McKelvieJanet Metz Ed WahrbicklerDonna Weber K-W Track and Field Duane Shadd Council was in receipt this date of Community Services Department report CSD-01-229 (F. Pizzuto), dated December 3, 2001, recommending that the City of Kitchener enter into a Memorandum of Understanding with Barrel Works (Kitchener) Ltd. to plan, design and build the new Kitchener Market project. Mr. F. Pizzuto introduced the report advising the joint venture would include a market, to be owned by the City, along with residential and retail components owned by Barrel Works (Kitchener) Ltd., within the block bounded by Cedar, King, Eby and Duke Streets. The entire complex will be designed by Barrel Works, and construction will be completed by October, 2003. He advised that the City’s portion of the capital costs will be $15.8M and Barrel Works’ portion of the project will be $10.7M. Mr. Pizzuto also advised that two properties in the Market Block, 322 and 338 King Street East, require expropriation, and recommended the process commence at this time. Mr. Pizzuto then introduced Messrs. Andrew Lambton and Ed Newton of Barrel Works (Kitchener) Ltd. Both Mr. Lambton and Mr. Newton stated that they are looking forward to a successful partnership with the City of Kitchener, and spoke of the benefits to the City and particularly to the Downtown, that a multi-use development of this nature will provide. They pointed out that the location of the development on King Street East between Cedar and Eby Streets is the easterly gateway to the Downtown. Mr. Newton commented on the benefits of public input in developing a design for this project. Mr. Paul Roth, Roth, Knibb Architects Inc., then displayed elevation drawings, floors plans and cross- sections of the design for the new Market Block, including the retail and residential components. Several members of Council spoke in support of the new Market Block proposal and solid partnership that has been developed between the City and Barrel Works. Council thanked the residents for their participation, as well as for vendor input and the extensive work of staff to develop the project which, when completed, will be a focal point in and gateway to the Downtown. Mayor Zehr then advised that further public consultation will take place on December 18, 2001, at 7:00 p.m. in the City Hall Rotunda. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz “That the City of Kitchener enter into, and that the Mayor and Clerk be authorized to execute, a conditional Memorandum of Understanding dated December 10, 2001 with Barrel Works (Kitchener) Ltd. to plan, design and build the New Kitchener Market Project.” Carried Unanimously. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic “That the City Solicitor be instructed to initiate expropriation proceedings to acquire title to the following lands for the purposes of a Farmers' Market: Land municipally known as 322-332 King Street East, Kitchener, being part of Lot 12 marked N. Zeigler, and part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, designated as Parts 1, 2 and 5 on Plan 58R-4303; subject to a right-of- COUNCIL MINUTES DECEMBER 10, 2001480CITY OF KITCHENER - - way over the said Part 2; and together with rights-of-way over part of Lot 12 marked N. Zeigler, Registered Plan 364, designated as Parts 3 and 4 on Plan 58R-4303, and over part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, designated as Part 1 on Plan 58R-1079; and, Land municipally known as 338 King Street East, Kitchener, being part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, designated as Parts 1 and 2 on Plan 58R-1079; subject to a right-of-way over the said Part 1; save and except that portion of the said Part 2 described as Part 1 on Plan 58R-11544 and Part 57 on Plan 58R- 6534.” - and - “That this Council did receive two applications for approval to expropriate land, dated December 10, 2001, from James H. Shivas, City Solicitor respecting the following lands: Land municipally known as 322-332 King Street East, Kitchener, being part of Lot 12 marked N. Zeigler, and part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, designated as Parts 1, 2 and 5 on Plan 58R-4303; subject to a right-of- way over the said Part 2; and together with rights-of-way over part of Lot 12 marked N. Zeigler, Registered Plan 364, designated as Parts 3 and 4 on Plan 58R-4303, and over part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, designated as Part 1 on Plan 58R-1079; and Land municipally known as 338 King Street East, Kitchener, being part of Lot 18, North of King Street and West of Cedar Street, B. Eby's Survey, Registered Plan 364, designated as Parts 1 and 2 on Plan 58R-1079; subject to a right-of-way over the said Part 1; save and except that portion of the said Part 2 described as Part 1 on Plan 58R-11544 and Part 57 on Plan 58R- 6534.” Carried Unanimously. Mr. Brad Ullner, Chair, and Ms. Patti Duke, Vice-Chair, of the Kitchener-Waterloo Barrier Free Advisory Committee were in attendance to present the City of Kitchener with a plaque to show their th appreciation for the support received from the City over the past ten years, noting this year is the 10 Anniversary of the Committee. Mayor C. Zehr accepted the plaque on behalf of the City, thanking the K-W Barrier Free Advisory Committee for continuing to challenge the City of Kitchener. Councillor B. Vrbanovic congratulated the Committee on its achievements over the past ten years, and paid tribute to the Committee’s founding members, Ms. Paula Saunders and Mr. Saul Herzog. Mr. Ray Tufgar, Totten Sims Hubicki, was in attendance to answer any questions with respect to Clause 8 of the Development & Technical Services Committee report concerning the Master Storm Water Management Policy. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That Clause 8 of the Development & Technical Services Committee report be amended to adopt the recommendation in Development & Technical Services Department report DTS-01- 042-ES.” Carried. Ms. Faith Hieblinger, Director-Curator, Homer Watson House & Gallery, was in attendance with respect to Clause 12 of the Community Services Committee report, and to provide additional information concerning their grant request. Ms. Hieblinger advised she had spoken to Mr. L. Proulx of Facilities Management concerning maintenance for the Homer Watson House. Council was in receipt this date of a memorandum from Mr. Proulx, dated December 7, 2001, providing information with respect to Council’s current funding of maintenance at the Homer Watson COUNCIL MINUTES DECEMBER 10, 2001481CITY OF KITCHENER - - House, and indicating his support for a further contribution to a fund for significant repairs to this property. Ms. Hieblinger stated their request for additional funding involves three parts: short term maintenance, long term maintenance and growth of wages. With respect to long term maintenance, Ms. Hieblinger explained that they are requesting a contribution of $37,000. over four years to be placed in a reserve fund, to which the Federal Government will contribute, allowing for a total in the fund of $100,000 Mr. F. Pizzuto commented that the suggestion in Mr. Proulx’s memorandum appeared to be justified, and he could support the request of Ms. Hieblinger for capital funding of approximately $9,000. per year. Councillor J. Ziegler questioned whether capital funding could be obtained elsewhere, and Mr. Pizzuto stated it would be appropriate to provide the requested funding for 2002, then determine whether the Homer Watson House could generate its own funds in future years. Ms. Hieblinger advised if Council was prepared to provide a grant of $11,000. for 2002, in addition to the already recommended operating grant, those funds would be sufficient. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That Clause 12 of the Community Services Committee report be adopted.” Councillor J. Ziegler put forward a motion, seconded by Councillor C. Weylie to amend Clause 12 of the Community Services Committee report so as to provide additional funding to the Homer Watson House, in 2002, of $2,000. for snow clearing and $9,000. toward their maintenance reserve fund, and directing that staff to assist Homer Watson House in finding alternate funding sources for their Carried. maintenance reserve fund in future years. This amendment was voted on and Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That Clause 12 of the Community Services Committee report be adopted, as amended.” Carried. Mr. Gary Bromberg, Bromberg Homes, appeared in support of Clause 4 of the Development & Technical Services Committee report concerning lands at the north-west corner of Fischer-Hallman Road and Huron Road. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That Clause 4 of the Development & Technical Services Committee report be adopted.” Carried. Mr. Bill Kowalchuk registered as a delegation, in connection with Council’s decision of November 5, 2001, denying the local improvement petition of Ivan Biuk in regard to Drummond Drive, but was not in attendance. 1. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That the report of the Development & Technical Services Committee be adopted.” Council was in receipt this date of a memorandum from Mr. B. Sloan, dated December 10, 2001, recommending a revision to Clause 5 (4) of the Development & Technical Services Committee report. On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 5(4) by deleting and replacing the ‘Timing Comments’ for Parcel #61 so as to provide that the easterly portion of the plan requires the extension of Fairway Road and the westerly portion of the plan requires secondary access through Valleyview Heights (#60). COUNCIL MINUTES DECEMBER 10, 2001482CITY OF KITCHENER - - The Development & Technical Services Committee report was then voted on Clause by Clause. Dealt with under Delegations and Clause 4 – Carried. Carried, as Amended. Clause 5 – Dealt with under Delegations and Clause 8 – Carried. Carried. Balance of report – 2.Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That the report of the Community Services Committee be adopted.” Council was in receipt this date of Community Services Department report CSD-01-232, dated December 6, 2001, providing information with respect to the minor sports grant request of Kitchener Minor Girls Softball Association. The Community Services Committee report was then voted on Clause by Clause. Dealt with under Delegations and Clause 12 – Carried, as Amended. Carried. Balance of report – 3.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance and Corporate Services Committee be adopted.” Voted on Clause by Clause. Carried. Clauses 2 & 3 – Carried. Balance of report – Pecuniary Interest & Abstention: Clauses 2 & 3 – Councillor B. Vrbanovic as he is associated with an organization that derives funds from bingos. 4.Moved by Councillor M. Galloway Seconded by Councillor C. Weylie “That the report of Heritage Kitchener be adopted.” Carried. Council was in receipt this date of Development & Technical Services Department report DTS-01- 038-BPS, dated December 10, 2001, providing information with respect to correspondence received from Mr. Barry Bauman, dated December 5, 2001, concerning a right-of-way in Registered Plan 58M- 117. Council directed Ms. C. Ladd to provide Mr. Bauman with a copy of the report. 5.Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a)Being a by-law to amend various Chapters of the City of Kitchener Municipal Code. COUNCIL MINUTES DECEMBER 10, 2001483CITY OF KITCHENER - - (b)Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment. (c)Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees – Planning Matters. (d)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e)Being a by-law to amend By-law 99-82, as amended, to establish legal fees for the preparation and processing of agreements and other documentation. (f)Being a by-law to repeal and replace Chapter 170 of the City of Kitchener Municipal Code to establish Purchasing and Materials Management Policies and Procedures and to define the authority and the responsibilities of the Manager of Purchasing. (g)Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (h)Being a by-law to amend Chapter 842 of The City of Kitchener Municipal Code with respect to Hedges – Other Objects Traffic Hazards. (i)Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (j)Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (k)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 J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 6.Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. 7.Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway “That the by-laws listed on the agenda for third reading, namely: (a)Being a by-law to amend various Chapters of the City of Kitchener Municipal Code. (By-law No. 2001-233) (b)Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment. (By-law No. 2001-234) (c)Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees – Planning Matters. (By-law No. 2001-235) COUNCIL MINUTES DECEMBER 10, 2001484CITY OF KITCHENER - - (d)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2001-236) (e)Being a by-law to amend By-law 99-82, as amended, to establish legal fees for the preparation and processing of agreements and other documentation. (By-law No. 2001-237) (f)Being a by-law to repeal and replace Chapter 170 of the City of Kitchener Municipal Code to establish Purchasing and Materials Management Policies and Procedures and to define the authority and the responsibilities of the Manager of Purchasing. (By-law No. 2001-238) (g)Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (By-law No. 2001-239) (h)Being a by-law to amend Chapter 842 of The City of Kitchener Municipal Code with respect to Hedges – Other Objects Traffic Hazards. (By-law No. 2001-240) (i)Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (Bylaw No. 2001-241) (j)Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (By-law No. 2001-242) (k)To confirm all actions and proceedings of the Council. (By-law No. 2001-243) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 8:25 p.m. MAYORCLERK COUNCIL MINUTES DECEMBER 10, 2001485CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1.That a temporary exemption be granted from the City’s Emergency Access policy to permit the construction and temporary blockage of Doon Mills Drive at Tilt Drive within Draft Plan of Subdivision 30T-95018 (Monarch Construction Limited), resulting in a cul-de-sac in excess of 300 metres in length. Further, such exemption shall only be permitted until such time as future Doon Mills Drive is constructed between Bechtel Drive and Tilt Drive and is opened to public vehicular traffic, at which time the temporary blockage of Doon Mills Drive within Draft Plan of Subdivision 30T-95018 shall be removed. 2.1)That a new organizational structure be approved for the Fire Services outlined on the Organizational Chart dated November 28, 2001, attached to Strategic Services Department report SSD-01-015, as revised December 3, 2001, to delete reference to an Emergency Planning position. 2)That the process for hiring a new Fire Chief be initiated immediately. 3)That the following recommendations regarding staffing for the Fire Services be approved: a)Create one new Deputy Fire Chief position and proceed with the hiring of two Deputy Fire Chiefs; b)Create and proceed with the hiring of a Systems Administrator; c)Proceed with the reclassifications of the Acting Platoon Chiefs to Platoon Captains; d)Reclassify the existing part-time administrative secretary to full-time; e)Proceed to implement the 24 hour, 7 day a week Communication Shift Supervisor/Lead Hand system. 4)That the costs to implement the recommended organizational structure as outlined above, approximated to be a total of $213,000, be included in Fire’s 2002 operating budget. 5)That an Implementation Committee be established, chaired by the Director of Corporate Research and Planning and consisting of the Fire Chief, Director of Human Resources, General Manager of Financial Services, and the General Manager of Strategic Services and Deputy CAO. The Committee shall oversee the implementation of the new organizational structure in the Fire Department and in particular will be responsible for: a) implementing those operational recommendations which have no further budget implications; b) reviewing and making recommendations on operational changes which have further budget implications for consideration by Council; c)reviewing, in consultation with affected staff, further organizational/management opportunities in the future, including possible efficiencies between Building and Fire Inspections. Any recommendations arising from such review shall be brought forward to City Council for consideration. 3.That Zone Change Application ZC 97/34/S/PB (Strasburg Road and Huron Road - Huron be deferred and referred to a future meeting of the Woods Development Corporation) Development and Technical Services Committee for consideration after the Brigadoon Community Plan has been presented to area residents so as to allow the residents to achieve a better understanding of how this development will impact the area. COUNCIL MINUTES DECEMBER 10, 2001486CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 4.That Kitchener City Council re-affirm its June 27, 1994, decision regarding a Low-Rise Residential designation applying to the 21 acre, Werner Bromberg Limited lands at the northwest corner of Fischer-Hallman Road and Huron Road and request the Region of Waterloo to: 1) Extend the City Urban Area (CUA) boundary to include the Bromberg lands in the ROPP amendments to be considered by Regional Planning and Works Committee and Council, and 2)Approve the Low-Rise Residential designation in Kitchener’s Municipal Plan for the Bromberg lands, as part of its Minister’s modification process in removing Deferral #3a. (Dealt with under Delegations and Carried.) 5.That the Staging of Development Report 2002-Post 2003 (DTS-01-036-BPS) be approved, subject to the following changes: 1) That page 4 of the addendum report (DTS-01-037-BPS) be revised to refer to Parcel #33 not Parcel #31. 2)That Parcel #57 be amended to only show that portion that has received full Draft Approval, and the text in Table 1(b) be amended accordingly; and, that the remaining portion of Parcel #57 be identified as a separate parcel with a Post-2003 timing for potential Draft Approval. 3)That the ‘Timing Comments’ for Parcel #60 (Valleyview Heights Limited) be revised to read ‘Requires secondary access through 583018 Ontario Ltd. (#61) which requires extension of Fairway Road’. 4)That the ‘Timing Comments’ for Parcel #61 (Valleyview Heights Limited) be revised as follows: ‘The easterly portion of the Plan requires the extension of Fairway Road. The westerly portion of the Plan requires secondary access through Valleyview Heights (#60)’. (As Amended) 6.That the City of Kitchener endorse the Regional Municipality of Waterloo’s 2002 Roads Capital Programme as outlined in Development and Technical Services Department report DTS-01- 038-ES. 7.That Development and Technical Services Department report DTS-01-039 (Downtown Core Inspections Report) be accepted for information purposes only as per the January 8, 2001 Council request in response to recent fires downtown. 8.1)That Council approve the Master Storm Water Management Policy as presented at a Technical Workshop, May 3, 2000; at Environmental Committee, June 7, 2000 and at a Public Meeting on June 20, 2000, and That the Schedule “B” Class Environmental Assessment Study Report be filed with the City Clerk for the mandatory 30-day review period. 2)That staff be directed to include in the City’s Capital Budget Program, expenditures of $370,000/year in accordance with Recommendation #5. 3)That Community Services continue to undertake $100,000/year in their Operating Budget under Winter Works for stream rehabilitation in accordance with Recommendation #7. COUNCIL MINUTES DECEMBER 10, 2001487CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 8.Cont’d 4)That staff be directed to retain the services of Totten Sims Hubicki Associates, on a year-to-year basis, in order to undertake the implementation, monitoring and annual report program in accordance with Recommendations #’s 4 and 10 at an estimated cost of $35,000 for 2002. 5)That the funding requirements be referred to the City’s budget process. (Dealt with under Delegations and Carried.) COMMUNITY SERVICES COMMITTEE – 1.That parking be limited to two (2) consecutive hours, Monday to Friday, from 8:00 a.m. to 6:00 p.m. on the east side of Binscarth Road; and further, That the uniform traffic by-law be amended accordingly. 2.That report CSD-01-180 regarding intersection control at Activa Avenue and Bushclover Crescent / Wilderness Drive, be deferred to the next meeting of the Community Services Committee to allow for further public input; and further, That staff be directed to distribute the report to interested members of the public and/or the appropriate neighbourhood association. 3.That report CSD-01-201 regarding pedestrian safety at Queen Street and Margaret Avenue be deferred to the next Community Services Committee meeting to allow further public input; and further, That staff be directed to distribute the report to interested members of the public and/or the appropriate neighbourhood association. 4.That report CSD-01-184 regarding intersection control, Windrush Trail at Doon South Drive and Windrush Trail at Autumn Ridge Trail, be deferred to the next meeting of the Community Services Committee to allow for further public input; and further, That staff be directed to distribute the report to interested members of the public and/or the appropriate neighbourhood association. 5.That the Mayor and Clerk be given authority to enter into an agreement for concert exclusivity with Next Presentations Canada Ltd. and revising report CSD-01-109, dated July 17, 2001, specifically removing Paul Mercs as named on the original agreement. 6.That Council approve the "Community Garden - Licence Agreement" as attached to report CSD- 01-221, dated November 22, 2001, as a pre-approved agreement to be used for all community gardens that are located on City of Kitchener lands and have been approved by Council. 7.That the Mayor and Clerk be authorized to execute the signing of the co-operative agreement attached to report CSD-01-211, dated November 21, 2001, between Marmo Travel Club Incorporated and the Corporation of the City of Kitchener subject to the satisfaction of the City Solicitor. 8.That the Mayor and Clerk be authorized to execute the signing of the co-operative agreement attached to report CSD-01-212, dated November 21, 2001, between Lutherwood Community Opportunities Development Association (55 Plus Personnel Placement Service) and the Corporation of the City of Kitchener subject to the satisfaction of the City Solicitor. COUNCIL MINUTES DECEMBER 10, 2001488CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 9.That the City of Kitchener pay 50% of the cost to remove the tree located at 42 Bingeman Street up to a maximum of $1,000. 10.That the City of Kitchener endorse the "Principles for an Effective Ontarians with Disabilities Act", submitted by Mr. Brad Ullner, Chairperson, Kitchener-Waterloo Barrier Free Advisory Committee; and further, That this resolution and a copy of the principles be circulated to the Minister of Citizenship, local MPP's and other municipalities within Waterloo Region for their consideration. 11.That no action be taken on the request of the Waterloo Community Arts Centre for a one-time general provision grant in the amount of $1,000. to assist with the costs for The Grand View, a juried art exhibition. 12.That the City of Kitchener approve, subject to final 2002 budget approval, annual operating and special event and festival grants, as identified in report CSD-01-214, and general provision grants for 2002 in the amount of $931,907., subject to consideration of the report regarding the feasibility of offering in-kind services to the Waterloo County and Area Quilt Festival; and, That staff be directed to investigate the feasibility of providing in-kind services promotion and marketing of the Waterloo County and Area Quilt Festival; and That in addition to their approved operating grant, Homer Watson House receive, in 2002, a $2,000. grant for snow removal costs, and a capital grant of $9,000. for the maintenance reserve fund; and further, That staff assist Homer Watson House in identifying and obtaining funding from other sources for the maintenance reserve fund in future years. (Dealt with under Delegations and Carried, as Amended.) 13.That the City of Kitchener approve, subject to final 2002 budget approval, minor sport grants, as identified in report CSD-01-218, 2002 Annual Minor Sport Grants, in the amount of $487,412.; and, That staff be directed to investigate the feasibility of providing office space to the Kitchener- Waterloo Inline Hockey Association and other groups; and further, That a comprehensive review of all annual grants take place in 2002. 14.That the City of Kitchener participate in "Peregrine Falcons - Project Release - Kitchener- Waterloo" in the year 2002; and, That the Canadian Peregrine Foundation be allowed to place a peregrine hackbox on the roof of Kitchener City Hall during the period of May 1 - November 1, 2002 and that the Mayor and Clerk be authorized to sign a licensing agreement in that regard satisfactory to the City Solicitor; and, That the City of Kitchener provide services in-kind in the form of assistance to the Canadian Peregrine Foundation with the installation and dismantling of the hackbox; and further, That the City of Kitchener assist with public relations and promotions for "Peregrine Falcons - Project Release - Kitchener-Waterloo" in the year 2002. 15.That the City of Kitchener approve the recommendation outlined in the Lower Doon Traffic Study; and, That funds in the amount of $92,000. in 2002 and $110,000. in 2003 be referred to the Capital Budget review; and further, COUNCIL MINUTES DECEMBER 10, 2001489CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 15.(Cont’d) That the Region of Waterloo be requested to include funds in the amount of $310,000. in their 2003 Capital Budget for improvements to the Homer Watson Boulevard / Conestoga College Boulevard intersection. 16.That the City of Kitchener revise the All-Way Stop Warrant for arterial and major collector roadways to reflect the warrant set out by the Institute of Transportation Engineers; and, That the City of Kitchener revise the All-Way Stop Warrant for local and minor collector roadways by adding a warrant utilizing minimum average intersection volumes, along with the existing warrant utilizing the highest recorded hour; and, The installation of all-way stops in the City of Kitchener meet the requirements set out in the proposed All-Way Stop Warrant; and further, That the area municipalities (City of Waterloo, City of Cambridge, Region of Waterloo) review their existing All-Way Stop Warrants, incorporating the City of Kitchener's proposed warrant, in an effort to establish a consistent all-way stop application throughout the Region. 17.That Council approve the proposed management structure for the Community Programs and Services Division of the Community Services Department; and, That Council re-store $143,000. to the Community Programs and Services base budget, previously identified as potential savings through restructuring as per the Galloway Report (2000); and, That Council approve a new full-time position of Resource Centre Co-ordinator to be located at Doon Pioneer Park Community Centre; and, That the Community Programs and Services' request (CSD-01-172, dated October 3, 2001) for a full-time Co-ordinator of Summer Playgrounds, Winter Rinks and Youth in Motion at a cost of $23,803. be referred to the 2002 budget deliberations; and, That requests for increased hours of front-line staff in community centres to support both the re- organization and demands from the public for increased hours and levels of service be referred to the 2002 budget deliberations; and, That the City of Kitchener continue to operate seniors centres with input being provided by the community through Advisory Councils; and, That the possibility of expanding seniors programming through neighbourhood assocations and/or neighbourhood based community centres be explored; and further, That the position for the Acting Facilitator of Seniors and Leisure Programs be discontinued. 18.That the City of Kitchener participate in the 2002 Nation Edition of the Communities in Bloom Program. FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That use of the ‘City Property Licensing Agreement – Film Locations’, as attached to Corporate Services Department report CRPS-01-149, be approved; with the Director of Economic Development or designate being given authority to sign this Licensing Agreement on behalf of the City. 2. That the City of Kitchener has no objection to the Optimist Club of Bridgeport being granted permission to operate bingos on an ongoing basis at Bingo Country, 1356 Weber Street East. COUNCIL MINUTES DECEMBER 10, 2001490CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 3. That the following amendments to Council Policy I-580 (Lottery – Bingo Regulations) be approved: (a) Reference to ‘Finance and Administration Committee’ be changed to ‘Finance and Corporate Services Committee’; (b) Clause 4 be repealed and replaced as follows: ‘That free bingo cards or discounts on the normal price of bingo cards shall not be given to any player. Licences will not be issued for the conduct of raffle lotteries or gaming devices at bingo games, except if event is licensed as a bazaar’; and, (c) Section 5 (d) be repealed and replaced as follows: ‘Promotional initiatives shall be permitted to a maximum of 2% of the prize board, with prior approval of the Licensing Authority’. 4. That Crisis Management Specialists Inc. be retained to review and provide recommendations relating to the City’s existing Emergency Procedures, as identified in Expression of Interest E01 – 122, in the amount of $32,400. plus G.S.T. and reasonable disbursements. 5. That City of Kitchener Communications Policies and Guidelines, dated December 3, 2001, as attached to Strategic Services Department Report SSD-01-017, be approved. 6. That the City of Kitchener Communications Plan 2002, attached to Strategic Services Department Report SSD-01-018, be adopted and implemented. 7. That the summary of Human Resources Policy Revisions as outlined in the Policy Status – Index, dated September 17, 2001, in respect to revised, deleted and new policies be approved, with the exception of the following: · The proposed policy titled ‘Employment Testing’ is withdrawn. · Policies II – 84 (Hiring – Senior Management Offer of employment) and II – 88 (Hiring – Senior Management Vacancy) not be deleted and remain in place. HERITAGE KITCHENER – 1. That pursuant to Section 33 of the Ontario Heritage Act Council approve the request of the owner to alter the designated property municipally known as 1 King Street West (Walper Hotel) by installing non-illuminated, rigid banners and non-illuminated awnings on the Queen Street elevation of the building, as shown in the revised drawings prepared by MacDonald Signs and Awnings, submitted to Heritage Kitchener on 2001-12-07. 2. That pursuant to Section 43 of the Ontario Heritage Act Council approve the application of the owner to alter the designated property municipally known as 166 David Street, located in the Victoria Park Area Heritage Conservation District, to construct a shed dormer as shown in the plans attached to Building Permit Application Number 01 109257, save and except that the front wall of the dormer shall be setback 2’ from the front wall of the third floor of the house. COUNCIL MINUTES DECEMBER 10, 2001491CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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 i) Permanent Vendor It was resolved: “That a 2001 Permanent Vendor Licence be granted to Jeffrey Blake, to operate a business known as Sun Aire Products Ltd./ProChem, at 165 Hollinger Crescent, Kitchener.” 2.Engineering Agreement – Dillon Consulting Limited It was resolved: “That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Dillon Consulting Limited regarding the Sandrock Greenway Sanitary Trunk Flood Relief Study.” 3.Signing Authority – Settlement re City Hall Parking Garage Fire It was resolved: “That the Mayor and Clerk be authorized to sign the necessary documentation relating to the settlement of all matters with Laura Lee Hanson, Queensway Auto Body Ltd. and Douglas Trussler cob as Gage Automotive, subject to the satisfaction of the City Solicitor.” 4.Commissioned Sales Agreement – Kitchener Memorial Auditorium Complex Suites It was resolved: “That the Mayor and Clerk be authorized to sign the Agreement dated October 31, 2001 with Cyndy Forsyth regarding the provision of commissioned sales of corporate suites at the Kitchener Memorial Auditorium.” 5.Software Licence Agreement – Sierra Systems Consultants Inc. It was resolved: “That the Mayor and Clerk be authorized to sign the Software Licence Agreement dated November 21, 2001 with Sierra Systems Consultants Inc. regarding the Revenue Processing System, Utilities Management System and Tax Administration System.” 6.Quit Claim Deed – 533 Courtland Avenue East It was resolved: “That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all the rights of the City contained in Instrument No. A-30953 as renewed by Instrument No. 1444347 and Instrument No. 103993 as renewed by Instrument No. 1320262 respecting COUNCIL MINUTES DECEMBER 10, 2001492CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – 6.Quit Claim Deed – 533 Courtland Avenue East – (Cont’d) Part Lots 356 & 361, Registered Plan 262 and Part Lot 2, Registered Plan 692, municipally known as 533 Courtland Avenue East, Kitchener.” 7.Various Tenders Dealt with under Delegations. 8.Offers to Purchase – Huron Business Park Council was in receipt of Development & Technical Services Department report DTS-01- 044 (P. Bacon/ Kathy Bissell/G. Borovilos), dated December 3, 2001, recommending acceptance of offers to purchase Sites 135 and 137 and Parts of 136. It was resolved: “That Council accept the Offer to Purchase from Berkshire Building Corporation for Part 3 and part of Part 4 on Reference Plan 58R-11564, save and except Part 23 on Reference Plan 58R-7426 being a parcel of land in the Huron Business Park having a frontage of approximately 140 metres and an area of approximately 4.0 acres at the price of $80,000 per acre, less a $30,000 discount resulting in a total purchase price of $290,000.00; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor.” - and - “That Council accept the Offer to Purchase from Berkshire Building Corporation for Part 5 and part of Part 4 on Reference Plan 58R-11564, being a parcel of land in the Huron Business Park having a frontage of approximately 150 metres and an area of approximately 2.70 acres at the price of $80,000 per acre, less a $25,000 discount resulting in a total purchase price of $191,000.00; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor.” 9.Dog Designation Appeal Committee – Extension Request Council was in receipt of Corporate Services Department report CRPS-01-228 (D. Gilchrist), dated December 4, 2001, advising of the Committee’s concurrence with an extension request. It was resolved: “That the condition in the decision of the Dog Designation Appeal Committee relative to the appeal of Stephanie Dreher and her Prohibited Dog "Kilo", wherein the Committee affirmed the designation of the dog as Prohibited and allowed the appellant until December 31, 2001 to remove her dog from the City of Kitchener, be amended to allow the appellant until February 28, 2002 to remove the dog "Kilo" from the City.” COUNCIL MINUTES DECEMBER 10, 2001493CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – 10.Renewal of Parking Lot Lease – Ukrainian Catholic Church of Transfiguration Council was in receipt of Corporate Services Department report CRPS-01-224 (G. Melanson/H. Gross), dated December 3, 2001, recommending execution of a lease. It was resolved: “That the Mayor and Clerk be authorized to execute a lease from the Ukrainian Catholic Church of Transfiguration (the “Church”), dated January 1, 2002 to permit the City to use part of its parking lot at 15 Michael Street for Bramm Street Yards additional parking for a term of three years commencing January 1, 2002 with rent at $400.00 per month; and further, That such authority be conditional upon (1) the Church paying $2124.00 plus G.S.T. to the City for paving work completed on its parking lot pursuant to a previous Offer to Transfer Easement and (2) supplying the City with a registerable second easement for Parts 3 and 4 of 58R-12127 (a 5 meters wide easement for a new storm sewer) and returning Part 2 (regarding the old storm sewer) to the satisfaction of the City Solicitor.” 11.Grant Request – K-W In-Line Hockey League Council was in receipt of Community Services Department report CSD-01-231 (R. Weber/F. Pizzuto), dated December 5, 2001, recommending approval of an additional one-time grant. It was resolved: “That the City of Kitchener approve one time funding (in addition to their annual grant) to the K-W In Line Hockey League of 50% of their costs to a maximum of $2,400 (for 2002 only), subject to 2002 budget approval, for the purposes of renting office space; and further, That the K-W In Line Hockey League be expected to pay all office expenses in future years.” 12.Applications for Cancellation, Refund, Reduction or Levy of Taxes Council was in receipt of correspondence from G. Sosnoski, City Clerk, dated December 5, 2001, relative to applications for cancellation, refund, reduction or levy of taxes. It was resolved: “That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein.” 13.Offer to Sell - 1357440 Ontario Limited/1421281 Ontario Limited – Doon Valley Golf Course Expansion Council was in receipt this date of Corporate Services Department report CRPS-01-229 (J. Shivas), dated December 6, 2001, recommending that the City enter into an agreement with 1357440 Ontario Limited and 1421281 Ontario Limited for the purchase of approximately 4.41 acres of land for the expansion of the Doon Valley Golf Course. It was resolved: “That the City accept and the Mayor and Clerk be authorized to execute an offer dated December 5, 2001, from 1357440 Ontario Limited and 1421281 Ontario Limited to sell COUNCIL MINUTES DECEMBER 10, 2001494CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – 13.Offer to Sell - 1357440 Ontario Limited/1421281 Ontario Limited – Doon Valley Golf Course Expansion – (Cont’d) for the sum of $26,460. about 4.41 acres of land shown as Part 1 on Reference Plan 58R-11780 for the purpose of expanding Doon Valley Golf Course in Kitchener; and further, That the Mayor and Clerk be authorized to execute any further documentation as approved by the City Solicitor.” 14.Lease - Region of Waterloo for Ambulance Centre - Forest Heights Fire Station and Community Centre Council was in receipt this date of Corporate Services Department report CRPS-01-230 (L. MacDonald), dated December 5, 2001, recommending a lease with the Regional Municipality of Waterloo, with respect to the Forest Heights Ambulance Centre. It was resolved: “That the Mayor and Clerk be authorized to execute a lease, satisfactory to the City Solicitor, with The Regional Municipality of Waterloo for the purposes of leasing a portion of the Forest Heights Fire Headquarters and Community Centre for the purposes of operating the Forest Heights Ambulance Centre for a term of 20 years.” 15.Sale of Tickets – The Canadian National Institute for the Blind – Ontario Division Council was in receipt this date of Corporate Services Department report CRPS-01-231 (J. Koppeser), dated December 7, 2001, recommending that the Canadian National Institute for the Blind – Ontario Division be granted permission to sell raffle tickets in the City of Kitchener. It was resolved: “That the City of Kitchener has no objection to The Canadian National Institute for the Blind – Ontario Division, 1929 Bayview Avenue, Toronto, Ontario M4G 3E8, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held from March 28 – April 8, 2002.” 16.Agreement - Groundwater Recovery Wells/Collection Piping - 305 King Street West Council was in receipt this date of Corporate Services Department report CRPS-01-231 (L. MacDonald), dated December 10, 2001, recommending an agreement with the owner of 305 King Street West for the construction of groundwater recovery wells and collection piping on City property in the vicinity of 305 King Street West. It was resolved: “That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the owner of 305 King Street West permitting the construction of groundwater recovery wells and collection piping on City property in the vicinity of 305 King Street West, in locations to be approved by the Assistant General Manager, Engineering Services and the General Manager of Community Services.” COUNCIL MINUTES DECEMBER 10, 2001495CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – 17.Offer to Sell – 86 Ralgreen Crescent It was resolved: “That the City of Kitchener accept an offer dated November 30, 2001, from Gilezan Homes Limited to sell 86 Ralgreen Crescent.”