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HomeMy WebLinkAboutCouncil Minutes - 2003-04-14APRIL 14, 2003 COUNCIL MINUTES The Council of the City of Kitchener met this date with all members present. CITY OF KITCHENER (b) (a) On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held March 31, 2003, and special meetings held March 31 and April 7, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - Letter dated March 20, 2003, from Hon. John Baird, Minister of Energy, acknowledging receipt of T. Arnott's letter of support regarding Council's recommendation concerning consultation on the Province's action plan to lower hydro bills. Letter dated April 1, 2003, from J. Cooper, Acting Manager, Corporate Correspondence Unit, Ministry of Transportation, acknowledging receipt of Council's resolution identifying local transportation needs. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tender listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That Tender T03-013, Food and Concession Paper Products, be awarded to Bruce Edmeades Sales Ltd., Kitchener, Ontario, at their adjusted tendered price of $149,569.84, plus G.S.T. & P.S.T." Carried. At the March 31, 2003 Council meeting Firefighter Rob Martin and his German Shepherd 'Zeus' attended in regard to their becoming the City's first Canine Heavy Urban Search and Rescue Team. At that time, a video outlining training aspects of Zeus was unavailable. Deputy Fire Chief D. Trask attended to comment on a three-minute video that was shown to illustrate the character of Zeus and the tasks the dog can undertake. Mr. G. Stewart advised that Development and Technical Services Department report DTS-03-064 prepared by Fire Chief R. Browning had been circulated this date and recommends the appointment of Mr. Richard Pedersen as a Deputy Fire Chief. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Mr. Richard Pedersen be appointed as a Deputy Fire Chief effective Tuesday, April 15, 2003; and further, That Council consider the appointment by-law this date." Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Carried. Carried. The meeting began with the singing of "O Canada" by Erika Stein and Sarah Stein, King School of Vocal. COUNCIL MINUTES APRIL 14, 2003 - 119 - CITY OF KITCHENER In reference to Clause 2 of the report dealing with a Direct Detect one-year pilot project, Councillor J. Gazzola advised that he would support the recommendation notwithstanding his opposition to exclusivity being granted to one particular real estate firm. He asked that Council consider making it available to any firm. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 3 of the report to reference inclusion of several revisions outlined in a memorandum dated April 14, 2003 from Jennifer Sheryer that had been incorporated in the proposed by-law to amend Municipal Code Chapter 549 (Vendors and Markets Licensing By-law). Clause 6 of the report pertained to consideration of the Financial Services Department report FIN-03- 016 regarding 2003 Tax Policy which was deferred and referred to the meeting this date to be dealt with after receipt of additional information requested of staff. In this regard, Mrs. P. Houston advised that a multi-residential landlord could pass on tax increases resulting from assessment shifts to tenants. She further advised that when multi-residential rental properties convert to rental condominiums, the assessed value of the property increases with the conversion. Ms. Houston then referred to a report circulated this date entitled 'The Regional Municipality 2003 Reassessment / Tax Policy Shifts' and referred to the estimated capping shortfall affecting multi-residential and commercial properties brought about as a result of Provincial legislation. She pointed out that the only option that had no effect was Option E-1 which Regional staff were supporting because of its neutrality. Following remarks as to the complexity of this subject, Council entered into a general discussion pertaining to the effects of the options presented. Council expressed frustration at the complexity of the subject noting that it was impossible to explain to the average person with the hope they would understand it. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to add a recommendation as Clause 6 of the report supporting Tax Policy Option E-1 and to advise the Region of Waterloo. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 3 - Carried, as Amended. Clauses 2 and 6 - Carried. Balance of report - Carried. Consideration of Strategic Services Department report SSD-03-013 concerning the City establishing a partnership with the Business & Education Partnership of Waterloo Region was deferred at the special Council meeting of April 7, 2003 and referred to the meeting this date to allow for submission of a financial statement. In this regard, Council was in receipt of a memorandum dated April 10, 2003 from D. Paterson, Director of Human Resources, addressing questions raised at Council's April 7th meeting. A motion was proposed by Councillor B. Vrbanovic, seconded by Councillor M. Galloway to approve the recommendation outlined in the staff report. Councillor B. Vrbanovic requested that Ms. Paula Crow, Executive Director of the program, provide a presentation at a later date given her unavailability this date. A brief discussion took place following which it was suggested that the matter be deferred. Moved by Councillor J. Gazzola Seconded by Councillor M. Galloway "That consideration of Strategic Services Department report SSD-03-013 be deferred and referred to the April 28, 2003 Finance and Corporate Services Committee meeting." Carried. Councillor B. Vrbanovic referred to Corporate Services Department report CRPS-03-071, dated April 10, 2003, pertaining to appointments to the Safe & Healthy Community Advisory Committee to fill vacant positions on the Committee, circulated this date. APRIL 14, 2003 COUNCIL MINUTES - 120 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Sharon Fohring (At large representative) and Anthony Bender (Inner City representative) be appointed to the Safe & Healthy Community Advisory Committee for a term ending November 30, 2003 to fill vacancies created by the resignations of Rahim Akabakhsh and Fred Bishop." Carried. In response to Mayor C. 7ehr, Ms. S. Adams, Acting General Manager, Community Services Department, advised that impacts of reduced road salt application would be included within a report on 2002 / 2003 snow removal operations. Council agreed to a request from G. Sosnoski, General Manager of Corporate Services & City Clerk, to add three by-laws to the agenda for three readings this date. One by-law relates to the appointment of a Deputy Fire Chief and the remaining two by-laws relate to Clause 3 of the Finance and Corporate Services Committee report. 3. 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) 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 2000-159, as amended, 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 Chapter 85 of the City of Kitchener Municipal Code respecting Hearing Authority. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (h) Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31,2003. (i) Being a by-law to repeal and replace Chapter 549 of the City of Kitchener Municipal Code with respect to licensing and regulating Itinerant, Temporary and Permanent Vendors and Temporary and Permanent Markets. 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. APRIL 14, 2003 COUNCIL MINUTES - 121 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) Carried. 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. 2003-61) (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. 2003-62) (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. 2003-63) (d) Being a by-law to amend By-law 2000-159, as amended, to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2003-64) (e) Being a by-law to amend Chapter 85 of the City of Kitchener Municipal Code respecting Hearing Authority. (r) (g) To confirm all actions and proceedings of the Council. Being a by-law to amend Chapter 101 of the City respecting the Appointment of Staff. (By-law No. 2003-65) (By-law No. 2003-66) of Kitchener Municipal Code (By-law No. 2003-67) (h) Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31,2003. (By-law No. 2003-68) (i) Being a by-law to repeal and replace Chapter 549 of the City of Kitchener Municipal Code with respect to licensing and regulating Itinerant, Temporary and Permanent Vendors and Temporary and Permanent Markets. (By-law No. 2003-69) be taken as read a third time, be finally passed and numbered serially by the Clerk." APRIL 14, 2003 COUNCIL MINUTES - 122 - On motion, the meeting adjourned at 7:55 p.m. CITY OF KITCHENER Carried. MAYOR CLERK COUNCIL MINUTES APRIL 14, 2003 - 123 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That Michael J. Ambedian, local artist, be named as the 2003 City's Artist-In-Residence, as recommended by the Public Art Working Group and the Arts and Culture Advisory Committee; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an agreement with Michael J. Ambedian regarding The License for Artists' Studio, Kitchener City Hall, as set out in Community Services Department report CSD-03-057. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an agreement with Mike Martz regarding the provision of Golf Professional Services and other related matters, as set out in Community Services Department report CSD-03-061. That the change in name of the exclusive supplier to the Kitchener Memorial Auditorium Complex, from Kitchener Beverages Inc. to Kitchener Beverages, Division of Pepsi Bottling Group, be acknowledged. That pursuant to Council Policy 1-400, a one-time contribution in the amount of $985. be approved to the Pinebrook Hollow Garden Club for the start-up of the Pinebrook Hollow Community Garden, which includes: a) Services in-kind: transport topsoil, woodchips & sod stripping b) Cash grant $485. $500.; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute all necessary agreements with the Pinebrook Hollow Garden Club to allow the Pinebrook Hollow Community Garden to be located on public lands, known as the Pinebrook Hollow cul-de-sac bulb. That the Safe and Healthy Community Advisory Committee provide a one-time grant of $5,000. to the Festival of Neighbourhoods Steering Committee to fund a part-time contract Co- ordinator's position in 2003; and, That these funds be allocated from the approved budget of the Safe and Healthy Community Advisory Committee; and further, That the Festival of Neighbourhoods Steering Committee provide a written report to the Safe and Healthy Community Advisory Committee upon conclusion of the 2003 Festival, outlining how the objectives of the Safe and Healthy Community Advisory Committee have been met by supporting the funding request. That Community Services Department report CSD-03-019 (Christmas Fantasy in Victoria Park - Lighting Program) be deferred and referred to staff to assist the 'Christmas Fantasy in Victoria Park' Committee with development of a business plan and building corporate sponsorship, in support of continuation and expansion of the lighting program in Victoria Park; and further, That the business plan and an addendum staff report, be presented for consideration to a future meeting of the Community Services Committee. That the April 7, 2003 Development and Technical Services Committee (DTSC) meeting be cancelled, due to adverse weather conditions in order to ensure public safety and in light of confirmation of evening meeting cancellations this date by the City of Waterloo and the local School Boards; and, That Development and Technical Services Department report DTS-03-040 (Zone Change Application ZC 02/38/V/BS and Vacant Land Condominium Application CDM-03201, MennoHomes Inc., 220 Village Road) be deferred and referred to the April 28, 2005 Development and Technical Services Committee meeting for consideration; and, COUNCIL MINUTES APRIL 14, 2003 - 124 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 7. CITY OF KITCHENER (Cont'd) That staff be directed to make immediate arrangements with local media outlets to provide public announcement of the meeting cancellation and contact be made by telephone with the applicant(s ) and all registered delegations who have expressed an interest in DTS-03-040, to inform of the change in date of consideration of this matter; and, That staff make the necessary arrangements to re-advertise Notice of the Public Hearing respecting DTS-03-040, to comply with regulations of the Planning Act; and further, That staff re-schedule consideration of the balance of the April 7, 2003 DTSC agenda items. That the six (6) year phase-in plan entitled "Sport Field Fees and Charges Review - Proposed Increases", be approved, as attached to Community Services Department report CSD-03-058; and, That adult groups pay 75% and minor sport groups pay 50% of the service cost to maintain fields; and further, That regular season play on "A2" fields, from Friday to Sunday, receive a 25% discount. That an expenditure of $217,000. be approved for the development of the pond area at Williamsburg Cemetery to be financed internally, with the loan repaid as revenues accrue from the sale of associated lots and niches. FINANCE AND CORPORATE SERVICES COMMITTEE - That Council support the name 'Country Hills Community Library' for the new community library to be situated in conjunction with St. Mary's High School at the corner of Block Line Road and Homer Watson Boulevard. That a one year pilot project be initiated in which a special Direct Detect rate of $85.00, for one year, be offered exclusively through the agents of Coldwell Banker Peter Benninger Realty to their clients; and further, That the Fire Chief or Deputy Fire Chief be authorized to sign the modified Direct Detect Contract Agreements, satisfactory to the City Solicitor, regarding the one year pilot project with Coldwell Banker Peter Benninger Realty, as set-out in Development and Technical Services Department report DTS-03-051. That a by-law to Licence Street Vendors and a by-law to Licence Itinerant/ Temporary/ Permanent Vendors, and Temporary and Permanent Markets be considered, substantially in the form of the draft by-laws dated April 4, 2003, attached to Corporate Services Department report CRPS-03-064; and also including several revisions outlined in the memorandum dated April 14, 2003 from Jennifer Sheryer. (As Amended) That the normal consultant selection process be waived, and Roth Knibb Architects Inc. be retained to complete design and construction drawings and specifications for the tenant work component of the new Kitchener Market project. That the Mayor and Clerk be authorized to execute a Pavement Management System Software Extended Client Support Agreement with Stantec Consulting Ltd. in a form satisfactory to the City Solicitor. COUNCIL MINUTES APRIL 14, 2003 - 125 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That the Regional Municipality of Waterloo be advised that with respect to 2003 Re- assessment / Tax Policy Shifts, the City of Kitchener supports Option E-1 (neutral capping) as the preferred method to deal with the existing capping shortfall affecting multi-residential assessment and commercial assessment. That J. Fielding, Chief Administrative Officer, be directed to have a report prepared recommending a funding and time schedule to complete the outstanding applications for storm drain connections as listed on Table 1 attached to Development and Technical Services Department report DTS-03-047, for consideration at a future Finance and Corporate Services Committee meeting. APRIL 14, 2003 A= B= COUNCIL MINUTES - 126 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS - 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Kimberly St. Croix, employed at 4-808 Courtland Avenue East, Kitchener (Taj Mahal) be granted a 2003 Adult Entertainment Parlour Attendant Licence." - and - "That Thao Lam, employed at 2271 Kingsway Drive, Kitchener, (Phoenix) be granted a 2003 Adult Entertainment Parlour Attendant Licence." 2. Enqineerinq Aqreement - MTE Consultants - Norris Sternberq Subdivision 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 MTE Consultants Inc., regarding Norris Sternberg Subdivision, Plan 30T-97025." 3. Encroachment Aqreement - 101 Glasqow Street It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with AirBoss of American Corporation, the owner of the property municipally known as 101 Glasgow Street, Kitchener to permit the installation and maintenance of a spill box on adjacent City owned property." 4. Encroachment Aqreement - 150 Marlborouqh Avenue It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the registered owner(s) of the property municipally known as 150 Marlborough Avenue to permit the construction and maintenance of a garage, the corner of which will encroach onto an adjacent City owned walkway." 5. Encroachment Aqreement - 51 Bruder Avenue It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner of the property described as Part Lots 18 and 25, Registered Plan 288, being Part 1 on Reference Plan 58R-12802 and municipally known as 51 Bruder Avenue to legalize the existing fence as it encroaches onto City parkland known as the Mike Wagner Green." APRIL 14, 2003 COUNCIL MINUTES - 127 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 6. Release of Interest - Quit Claim Deed - 675 Trillium Drive 10. CITY OF KITCHENER It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2. of a Schedule to Instrument No. 974462 respecting Part of Lots 14 & 16, Registrar's Compiled Plan 1471 designated as Part 1 on Reference Plan 58R-6387 and municipally known as 675 Trillium Drive, Kitchener." Tender Dealt with under Delegations. Sale of Tickets - Children's Health Foundation Council was in receipt of Corporate Services Department report CRPS-03-069 (J. Koppeser), dated April 8, 2003, advising of no objection to the selling of tickets. It was resolved: "That the City of Kitchener has no objection to the Children's Health Foundation, 746 Base Line Rd. E., Suite 406, London, Ontario N6C 5Z2, being granted permission to sell tickets in the City of Kitchener for a draw to be held on June 20, 2003 at Covent Garden Market, 130 King Street, London, Ontario." Liquor Licence - Holy Spirit Festival Association of Kitchener-Waterloo Council was in receipt of Corporate Services Department report CRPS-03-067 (J. Koppeser), dated April 8, 2003, advising of no objection to the issuance of a liquor licence. It was resolved: "That the City of Kitchener has no objection to a liquor licence being issued to the Holy Spirit Festival Association of Kitchener-Waterloo for an event to be held June 20 - 22, 2003 at 1545 Fischer-Hallman Road, Kitchener; and further, That this event be declared a 'Community Festival' for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community." Heritage Permit Application 2003-V-07 - 47 Glen Road (St. Mary's Heritage Conservation District) Council was in receipt of Development and Technical Services Department report DTS-03- 050 (L. Bensason / J. Willmer), dated March 28, 2003, recommending approval of a heritage permit application. It was resolved: "That pursuant to Section 43 of the Ontario Heritage Act, Council approve the application of the owner to alter the designated property municipally addressed 47 Glen Road and located in the St. Mary's Heritage Conservation District, as outlined in Heritage Permit Application 2003-V-07." APRIL 14, 2003 COUNCIL MINUTES - 128 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 11. 12. 13. 14. CITY OF KITCHENER Request for Extension of Time Limit to Fulfill Conditions - Zone Change Application ZC 02/02/B/CB - 539 Bridqeport Road Council was in receipt of Development and Technical Services Department report DTS- 03-055 (C. Bluhm), dated March 31,2003. It was resolved: "That the expiration date of the conditional zone change resolution, passed by Council on September 16, 2002, regarding Zone Change Application ZC 02/02/B/CB (539 Bridgeport Road - Hoiker Inc.), be extended from April 16, 2003, until November 1, 2003." Duke Street East - Two Hour Parkinq Limit Council was in receipt of Development and Technical Services Department report DTS- 03-049 (R. Parent), dated March 26, 2003. It was resolved: "That the two (2) hour limit on the south side of Duke Street East, between Frederick Street and Scott Street be extended to a point 69 metres east of Frederick Street; and further, That Uniform Traffic By-Law 2000-159 be amended accordingly." Hanover Street - On-Street Parkinq Prohibition Council was in receipt of Development and Technical Services Department report DTS- 03-045 (B. Cronkite), dated March 17, 2003. It was resolved: "That parking be prohibited on both sides of Hanover Street; and further, That the Uniform Traffic By-law be amended accordingly." Noise Attenuation Measures for Maior Roadways Council was in receipt of Development and Technical Services Department report DTS- 03-039 (J. McBride), dated March 31, 2003. Councillor B. Vrbanovic requested that Lackner Boulevard and River Road be added to the list of roads for the conduct of noise studies. It was resolved: "That the Region of Waterloo be requested to review the threshold at which noise attenuation measures are implemented, with the intent to lower the maximum noise levels adjacent to noise sensitive land uses; and, That the Region of Waterloo be requested to review methods by which noise levels are calculated; and, That the Region of Waterloo be requested to apply these reviews to Parts A, B and C of the Implementation Guideline for Noise Policies to address: · New development impacted by noise from roads and railways · Existing development impacted by proposed Regional road undertakings · Existing development impacted by noise from existing Regional roads; and, COUNCIL MINUTES APRIL 14, 2003 - 129 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 14. Noise Attenuation Measures for Major Roadways - (Cont'd) That both the Region of Waterloo and City of Kitchener Staff review development standards with the intent to incorporate more passive noise attenuation measures into the development of noise sensitive land uses; and further, That the Region of Waterloo be requested to undertake noise studies at the following locations: · Fischer-Hallman Road between Activa Avenue and Westmount Road · Bleams Road between Strasburg Road and Fischer-Hallman Road · Ottawa Street between David Bergey Drive and Westmount Road · Westmount Road between Highland Road and Victoria Street · Homer Watson Blvd between Huron Road and Doon South Drive · Lackner Boulevard between Victoria Street North and Fairway Road North · River Road between Victoria Street North and King Street East." 15. Moore Avenue - Traffic Calming Measures between Shanley Street & Waterloo City Limits and Parking Prohibition 15m east and west of Louisa Street Council was in receipt of Development and Technical Services Department report DTS- 03-020 (B. Cronkite), dated January 27, 2003. It was resolved: "That an over expenditure of $10,000. be approved for the installation of four speed humps on Moore Avenue between Shanley Street and the Waterloo City limit; and, That parking be prohibited on the north side of Moore Avenue from a point 15 metres west of Louisa Street to a point 15 metres east of Louisa Street; and, That Transportation Planning review the traffic operating conditions on Moore Avenue after one year to determine the effectiveness of the recommended traffic calming measures; and further, That the Uniform Traffic By-law be amended accordingly."