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HomeMy WebLinkAboutCouncil - 2006-09-11COUNCIL MINUTES SEPTEMBER 11, 2006 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Pareesa Bina, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held August 28, 2006 and special meetings held August 28 & September 5, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated August 22, 2006, from Hon. Monte Kwinter, Minister of Community Safety & Correctional Services, acknowledging receipt of Council's resolution regarding compensation for fire fighters when an illness is attributable to their occupation. (b) Letter dated July 12, 2006, from Premier Dalton McGuinty, acknowledging receipt of Council's resolution regarding the Transportation Study Report -Highway 401 Planning and Preliminary Design Study. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Quotation Q06-053, Outdoor Sign Upgrade -Kitchener Memorial Auditorium Complex, be awarded to Cox Signs Limited, Walkerton, Ontario at their quoted price of $48,008., including P.S.T. & G.S.T." -and- "That Tender T06-071 Roof Replacement -Canadian Legion Building, Forest Heights Pool and Idlewood Pool Change House, be awarded as follows: • Canadian Legion Building to Triumph Aluminum & Sheet Metal Inc., Toronto, at their tendered price of $92,564., including G.S.T. & P.S.T. • Forest Heights Pool to Nedlaw Roofing Limited, Breslau, at their tendered price of $201,506., including G.S.T. & P.S.T. • Idlewood Pool Change House to Conestoga Roofing & Sheet Metal Ltd., Cambridge, at their tendered price of $30,975.32, including G.S.T. & P.S.T." -and- "That Tender T06-076, Slurry Seal Resurfacing, be awarded to Duncor Enterprises Inc., Shanty Bay, Ontario at their tendered price of $103,245.67, including G.S.T; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried. COUNCIL MINUTES SEPTEMBER 11, 2006 - 24$ - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Finance and Corporate Services Committee be adopted." Carried. Councillor M. Galloway gave notice, as listed under Item 7 a) New Business on the Council agenda, that he would introduce a motion this date concerning trail and park development in newer Kitchener neighbourhoods. Councillor Galloway stated that planning practices of the early 80's had diminished trail and park development in efforts focused on protecting environmentally sensitive lands. He noted that the trade-off has resulted in a lack of passive recreation venues in newer subdivisions across the City and he is requesting that a plan be devised, with appropriate funding, to address the shortfall. Mayor C. Zehr also noted that planned school sites in newer subdivisions that were ultimately not built have contributed to the lack of available passive recreation areas and should be considered as part of future discussions. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "WHEREAS the City of Kitchener is recognized as a municipality that offers a first rate quality of life to all its residents and trail and park development is a very large part of healthy, active and quality living; and, WHEREAS it is evident that the newer residential areas of the City do not incorporate the same level of park and trail development as with older established neighbourhoods; and, WHEREAS there are insufficient funds in the current budgets to construct and maintain trail and park development in the newer residential areas of the community, to the same level as older existing subdivisions in Kitchener; NOW THEREFORE BE IT RESOLVED that staff be directed to report back to the Community Services Committee on October 23, 2006 on a plan with appropriate estimated funds, to be included in the 2007 budget discussions, to address the shortfall of park and trail development in newer Kitchener neighbourhoods." Carried. Councillor G. Lorentz referred to a program by Union Gas wherein its' customers are receiving free `low flow' shower heads and asked if a similar program was being looked at by Kitchener Utilities. Mayor C. Zehr advised that Mr. D. Quinn, Director of Utilities, is in the process of following up on the details of the Union Gas program and will be preparing a response, together with a list of incentives already undertaken by Kitchener Utilities, which will be provided to Council when it becomes available. At the request of Councillor J. Gazzola, Mr. R. Gosse, City Clerk, agreed to look into candidate meetings purported to be hosted by the City of Waterloo, with a report to Council as to the feasibility of Kitchener staff undertaking a similar process. Mayor C. Zehr reported on Regional issues, noting that a raised centre median is to be constructed on Weber Street between Fergus and Kinzie Avenues to address pedestrian /traffic safety related issues. Council agreed to the request of Mr. R. Gosse, City Clerk, to add one additional by-law for three readings this date relative to Clause 4 of the Community Services Committee report, dealing with the composition of the Board of Directors of the Centre in the Square. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES SEPTEMBER 11, 2006 - 249 - CITY OF KITCHENER (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 approve a Capital Expenditure for the undertaking of various purchases and construction or renovation projects, at a total estimated cost of $11,101,000. and for the borrowing of money therefore. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law respecting The Centre In The Square Inc. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2006-177) (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. tBy-law No. 2006-178) (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. tBy-law No. 2006-179) (d) Being a by-law to approve a Capital Expenditure for the undertaking of various purchases and construction or renovation projects, at a total estimated cost of $11,101,000. and for the borrowing of money therefore. tBy-law No. 2006-180) COUNCIL MINUTES SEPTEMBER 11, 2006 - 250 - CITY OF KITCHENER (e) To confirm all actions and proceedings of the Council. (f) Being a by-law respecting The Centre In The Square Inc. tBy-law No. 2006-181) tBy-law No. 2006-182) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 7:30 p.m. Carried. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 11, 2006 - 251 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That stopping be prohibited at anytime on the north side of Joseph Street from Victoria Street South to its westerly limit; and, That parking be permitted for a maximum time limit of one hour on the south side of Joseph Street from 30m west of Victoria Street South to the westerly limit of Joseph Street; and further, That a 15 minute loading zone be established on the south side of Joseph Street from a point 15m west of Victoria Street South to a point 15m west thereof. 2. That the submission of a City of Kitchener application to the Department of Canadian Heritage for its 2009 Cultural Capitals of Canada designation program, be endorsed; and further, That commitment of Kitchener's 25% share of the proposed 2009 program budget, to a maximum of $667,000. in new funds, be approved in principle, and referred to the 2007 Capital Budget process, subject to final confirmation prior to January 13, 2007, as required by the Department of Canadian Heritage. 3. That the On-Street Parking Policy be received for information as outlined in Development & Technical Services Department report DTS-06-050, and be considered for inclusion in the Neighbourhood Design Guidelines at the October 2, 2006 Development & Technical Services Committee meeting. 4. That the composition of the Board of Directors for the Centre in the Square be amended by increasing the number of Board members through the addition of two lay appointees to be selected by the Board of Directors and ratified by the Council of the City of Kitchener, for a term not to exceed three years; and, That the position of Past Chair, ex-officio without voting rights, be created whereby the term of the outgoing Chair of the Board of Directors is extended for one year to assist the newly elected Chair in transitioning into the position and to act as a resource for the Board and new Chair; and further, That a By-law be prepared to enact this amendment to the Board of Directors of the Centre in the Square. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the request of K-W Oktoberfest Inc. to allow the following vendors and/or activities to take place on City property from October 5 to 15, 2006, be approved provided the necessary licences, including Health and Fire approval, are obtained: • 1 Beer and Food Tent on Frederick Street • 6 Food Vendors -five on Benton Street and one on Frederick Street • 6 tents/stages/activity areas -four on Benton Street, 1 on King St. E. and one in the Parking lot on Goudie's lane; and, That those selling food provide proof of insurance naming the City as an additional insured; and further, That building permits for any tents, if required, are obtained. 2. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Conestoga Students Inc. for an outdoor concert at Conestoga College on Tuesday September 12, 2006, between the hours of 6:00 p.m. and 11:00 p.m. COUNCIL MINUTES SEPTEMBER 11, 2006 - 252 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Concordia club at 429 Ottawa Street South, on Saturday September 30, 2006, between the hours of 6:00 p.m. to 1 a.m. on October 1, 2006. 4. That the appeal of Margaret Furey of the decision of the Manager of Licensing not to issue a licence for the operation of a hot dog cart at 47 Bleams Road, in accordance with Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, be denied. 5. That consideration of Chief Administrative Officer report CAO-06-052 (End of Mandatory Retirement) be deferred to the Finance and Corporate Services Committee meeting of September 1$, 2006, at which time staff report on the best way for the City to deal with insured benefits for employees beyond age 65. 6. That Brock University Workplace Health Research Laboratory (WHRL) be retained to complete a corporate-wide Employee Culture Survey, to an upset limit of $40,000. 7. That staff submit an application under intake three of the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) for the Sewer Lateral and Main Rehabilitation project, which represents the City's highest priority for the purposes of the COMRIF program; and, That the development of a joint initiative with the City of Waterloo be endorsed in order to enhance the COMRIF intake three application; and further, That the City's share ($4,984,277) of the total project cost ($14,952,831) be funded from existing capital budget and forecast provisions for uncommitted capital (2006-2008) and trenchless sewer rehabilitation (2007-2009) as outlined in Financial Services Department report FIN-06-027. 8. That an upset limit of $89,450 for additional work associated with the remediation of gasoline related contamination in the soil and groundwater at the Bramm Street Yards be approved, as outlined in Development and Technical Services Department report DTS-06-133. COUNCIL MINUTES SEPTEMBER 11, 2006 - 253 - 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. Execution of Engineering Agreements - Sunvest Development Corporation 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 Planning & Engineering Initiatives Ltd., regarding Victoria Meadows Subdivision, Draft Plan #30T-86016/30T-01203." 2. Encroachment Agreement - 412 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 37, Registered Plan 58M-135, municipally known as 412 Hearthwood Drive, to legalize an existing 4' high cedar rail fence located approximately 2", more or less, onto an easement registered as Instrument Number LT38127, commencing at the rear lot line stopping at the front building wall, said Agreement to be registered on title, if possible." 3. Encroachment Agreement - 66 Orchid Crescent 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 Part Block 21, Registered Plan 1822 designated as Part 63 on Reference Plan 58R- 10109 (PIN 22727-0238 LT), municipally known as 66 Orchid Crescent, to legalize the installation of a deck to be located approximately 1.8m x 6.7m, more or less, onto an easement registered as Instrument Number 1275400, more or less, said Agreement to be registered on title, if possible." 4. Various Tenders Dealt with under Delegations. 5. Consent and Waiver of Notice of Application for First Registration in Land Titles Svstem -Hidden Vallev Road Council considered this date Corporate Services Department report CRPS-06-136 (L. MacDonald), dated September 7, 2006. It was resolved: "That the Mayor and Clerk be authorized to execute aConsent/Waiver of Notice (Application under Subsection 46(2) of the Act) to expedite an Application for First Registration in Land Titles by Peter Dietrich Kruse respecting lands described as Part of Lot 3, Registered Compiled Plan 1522, designated as Part 1 on the draft Reference Plan attached to the Application, being land in the vicinity of Hidden Valley Road, Kitchener." COUNCIL MINUTES SEPTEMBER 11, 2006 - 254 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Exemption to Chapter 450 tNoise) -Habitat for Humanity Council considered Corporate Services Department report CRPS-06-137 (S. Turner), dated September 7, 2006. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Habitat for Humanity for their Faith and Action Prayer Vigil to be held on Sunday September 17, 2006, between the hours of 7 P.M. and 11:30 P.M., at 170 Cherry Street." 7. Correction to Surplus Land Designation -165 Duke Street East I Market Block Council considered this date Corporate Services Department report CRPS-06-138 (L. MacDonald), dated September 8, 2006, to correct an error in the legal description of the surplus lands as referenced in report CRPS-06-132. It was resolved: "That Part 12 on Reference Plan 58R-15060, referred to in Report CRPS-06-132, declaring portions of the lands at 165 Duke Street East surplus, be deleted and substituted thereto with Part 14 on Reference Plan 58R-15060."