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HomeMy WebLinkAboutCouncil Minutes - 2003-06-16COUNCIL MINUTES JUNE 16, 2003 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 Taylor Jatsztrab and Michelle Duschesne, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held May 20, 2003, and special meetings held May 20 & 26 and June 9, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letters dated May 1, 26 & 29, 2003, from Hon. Elizabeth Witmer, Minister of Education, acknowledging receipt of Council's resolutions concerning brownfields legislation and initiatives relating to property taxes and government liens; the use of portable generators as alternative suppliers of electricity; and, Provincial funding for West Nile Virus testing. (b) Letters dated May 5, 2003, from Hon. Chris Stockwell, Minister of the Environment, and T. Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council's resolution concerning brownfields legislation and initiatives relating to property taxes and government liens. (c) Letter dated May 13, 2003, from Hon. Frank Klees, Minister of Transportation, acknowledging receipt of correspondence outlining Kitchener's five priority transportation needs. (d) Letter dated June 2, 2003, from Premier Ernie Eves, acknowledging receipt of Council's resolution concerning Provincial funding for West Nile Virus testing. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated this date a revised copy of a memorandum dated June 11, 2003 dealing with Expression of Interest E03-021 (Iron Horse Trail Sanitary Sewer Replacement). He advised that the recommendation was changed to correct the award for consultant services from the highest bidder (The Walter Fedy Partnership) to the lowest bidder (Planning & Engineering Initiatives Ltd). Councillor J. Gazzola requested clarification respecting the selection process used for Expression of Interest E03-021. Mr. Gordon advised that the top three candidates selected were asked to submit cost estimates and staff's recommendation reflects awarding of the project to the lowest bid. Mr. Gordon responded to a question from Councillor Gazzola concerning Tender T03-019 for supply of hot mix asphalt, advising that the total award was reduced to conform within budget constraints. He stated that in the event it is anticipated costs will exceed the budget by more than 10%, staff will return to Council for further direction. Mayor C. Zehr requested that a consistent approach be implemented in reporting standards for tenders to provide comparisons between cost estimates and budgeted amounts so that shortfalls and / or surpluses are more evident. Mr. Gordon agreed that staff could provide this information in future. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T00-111, Supply of Residential Water Heaters, be extended until December 31 2003 to the two (2) original award vendors, as follows: 40, 50, and 75 gallon conventional; 40, 50, and 75 gallon H/O power vent, be awarded to State Industries, Waterloo, Ontario, for the estimated amount of $400,518., plus G.S.T. & P.S.T. 60 gallon conventional, 60 gallon power vent and 50 gallon direct vent, be awarded to GSW Water Heating Company, Fergus, Ontario, for the estimated amount of $117,205., plus G.S.T. & P.S.T." - and - "That Tender T03-006, Simeon Street and Troy Street Road Reconstruction, be awarded to J. Weber Contracting Limited, Breslau at their tendered price of $896,896., including contingencies of $86,580. and G.S.T.; and further, COUNCIL MINUTES JUNE 16,2003 -190- CITY OF KITCHENER That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T03-025, Supply & Deliver Domestic Water Meters, be awarded to Neptune Technology Group (Canada) Ltd., Mississauga, Ontario, for a two (2) year period, at their tendered price of $533,702., plus P.S.T. & G.S.T." - and - "That Expression of Interest E03-021, Consultant Services - Iron Horse Trail Sanitary Sewer Replacement, be awarded to Planning & Engineering Initiatives Ltd. at their estimated fee of $53,435.80, including a contingency of $4,540., disbursements and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further; That a standard engineering agreement be executed." - and - "That Tender T03-019 - Supply of Hot Mix Asphalt, be awarded to Forwell Limited, Kitchener and Kitchener Asphalt Limited, Kitchener at their tendered unit prices, plus G.S.T. & P.S.T." - and - "That Tender T03-023, Ready Mix Concrete, be awarded to Tri City Ready Mix Ltd., Kitchener, at their reduced tendered price of $88,174., plus G.S.T. & P.S.T." - and - "That Proposal P03-014, Authorized Contractors for Natural Gas Rental Water Heater Installations, be awarded to: Delta Inc., Waterloo, Ontario, Direct Energy Essential Home Services, Waterloo, Ontario and Aire One (KW) Heating & Cooling, Kitchener, Ontario, at the proposed dealer allowance scheduled prices for one (1) year commencing July 1st, 2003 and terminating June 30, 2004, award establishes each Contractor to Primary Dealer status and includes an option to extend for two (2) additional twelve (12) month terms." Carried. Mr. Don Chapman, Manager of Special Events, attended to provide details of the 2003 Tapestry Festival to be held from June 18 - 22, 2003 in celebration of the City's cultural diversity and to introduce citizens to the varied cultures found within the municipality. Events are designed to entertain with culturally diverse forms of music, dance, artisans, crafters and cuisine. He thanked City staff and groups involved in organizing this Festival and encouraged members of Council to attend and enjoy as many events as possible. Ms. Dorinda Kueger-Allen, Executive Director, Bereaved Families of Ontario ONaterloo Region), attended to present an award for Excellence in Support Programs to Cemeteries staff. She commented that the organization provides support to parents in the loss of a child and pointed out that partnering with Cemeteries to provide programming is an important benefit to the community. She advised that the award recognizes the City's donation of land for use as a memory garden in Williamsburg Cemetery. She commended Cemeteries staff for their kind, respectful and loving care given in establishing the garden where parents can now go and be comforted by a beautiful, living memorial to their loved ones. Ms. Kueger-Allen then presented the award certificate, accepted by Lorelei Eckel-Braun, Manager of Cemeteries, and Trisha Yates, Dan Eckert and Cory Bradshaw. Mr. Orville Thacker, President, Waterloo Regional Council of Union Retirees ONRCUR), attended to request endorsement of two resolutions concerning social assistance and minimum wage rates. He pointed out that in 1995, social assistance rates were decreased by 21.6%, amounting to 34.4% today, and minimum wage rates were frozen at $6.85. He stated that it is unacceptable that today one in six live in poverty. He commented that by raising and indexing these benefits to the cost of living, not only will it provide an adequate standard of living for recipients, it will have economic benefits to the municipality. COUNCIL MINUTES JUNE 16,2003 -191- CITY OF KITCHENER In response to Councillor G. Lorentz, Mr. Thacker advised that the two resolutions have been endorsed by the Waterloo Regional Labour Council and a similar presentation will be made to all area municipalities, as well as to the Region of Waterloo. Mayor C. Zehr advised that a number of organizations under the auspices of 'Opportunities 2003' are currently working on a comprehensive study with respect to minimum wage rates and Mr. Thacker acknowledged that many studies are underway at this time. Councillor B. Vrbanovic encouraged the WRCUR to reach beyond the Region and take their cause to the Provincial level. In response to Councillor C. Weylie, Mr. Thacker clarified that WRCUR is requesting an increase in minimum wages to $8.00, indexed to the cost of living and noted that several provinces, including Quebec and British Columbia, have higher minimum wage rates than Ontario. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "WHEREAS social assistance rates were slashed by 21.6% in 1995, and with increases to the cost of living, today that cut is worth about 34.4%; and, WHEREAS social assistance recipients are not able to adequately feed and shelter themselves, resulting in parents often having to choose between paying the rent or feeding their children; and, WHEREAS social assistance should provide people with an adequate standard of living, which is a human right; and, WHEREAS the jury at the inquest into the death of Kimberly Rogers recommended that social assistance rates be reviewed to ensure they reflect actual costs of living; THEREFORE BE IT RESOLVED that Kitchener City Council requests that the Ontario government immediately increase the shelter portion of Ontario Works and Ontario Disability Support Program benefits to the average Canadian Mortgage and Housing Corporation rent, and index Ontario Works and Ontario Disability Support Program to the cost of living." - and - "WHEREAS the minimum wage has been frozen at $6.85 since 1995, despite increases in the cost of living; and, WHEREAS a full time worker earning the current minimum wage in a large city is $5,904. below the poverty line, and to reach the poverty line would need an hourly wage of at least $10.; and, WHEREAS the minimum wage should provide people with an adequate standard of living; THEREFORE BE IT RESOLVED that Kitchener City Council requests the Ontario government immediately increase the minimum wage to $8.00 an hour and index it to the cost of living." Carried. Ms. Liz White, Director, Animal Alliance of Canada, attended to raise concerns relative to the practice of 'Pound Seizure' whereby Humane Societies sell dogs and cats to research facilities. Correspondence dated June 16, 2003 from Ms. White was distributed this date, outlining details of the Alliance's concerns with respect to this matter. Ms. White advised that the Alliance received two University of Guelph Animal Utilization Protocols, which indicate that in 1999, the Kitchener-Waterloo and North Waterloo Humane Society sold or donated lost pet cats to the University for research. She acknowledged that the Alliance is not sure this practice still continues; however, because of the uncertainty, is requesting Council to adopt a motion to ban the sale or donation of lost, homeless, owner-surrendered or abandoned pet dogs and cats for research purposes. In response to Mayor C. Zehr, Ms. L. MacDonald advised that she did not believe the current animal services contract contained provision for such a policy; however, she suggested that this matter could be further investigated when the contract expires at the end of 2003. Councillor J. Smola requested that staff determine if the Humane Society has such a policy and if so, provide a copy of the policy to members of Council. Mayor Zehr thanked Ms. White for bringing this matter forward; however, he COUNCIL MINUTES JUNE 16,2003 -192- CITY OF KITCHENER advised that Council would not be in a position to take action until the current contract expires. In the interim, he advised that Councillor Smola's request has been given as direction to staff. Mr. Mel Code was in attendance on behalf of Huron Woods Development Corporation to support Clause 1 of the Development and Technical Services Committee report (meeting of May 26, 2003), respecting Zone Change Application ZC 97/34/S/PB for a parcel of land located at the north-east corner of Strasburg Road and Huron Road and bounded by Battler Road to the east and the existing Strasburg Road to the west. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee (meeting of May 26, 2003), be adopted." Carried. Council was in receipt of Downtown Development report DD-03-001 (Centre Block Steering Committee - CBSC), dated June 9, 2003, listed as Item B.8 on the Committee of the Whole agenda. The report recommends that the CBSC prepare development options for consideration that would include a library, other public sector uses, educational institutions and private sector developments; and that funds to a maximum of $15,000. be provided from the CBSC's budget toward a Library Building Program Study. Messrs. Craig Robson, Bryan Isaac and Hans Pottkamper, members of the CBSC, attended in support of the recommendation contained in report DD-03-001. Mr. Robson commented that following review of the Kitchener Public Library (KPL) Board's Phase II report, a library component remains the preferred catalyst development option for the Centre Block. He stressed that development of the Centre Block is not viewed as an entirely municipally funded project as it is anticipated that the Library, as one component, will attract the development industry. Mr. Robson advised that the Committee wants to begin informal discussions with banking institutions and the development industry to determine if the Committee is on the right track and noted that questions will be asked on clear understanding that Council has not yet made a decision with respect to the library component. The consultation process is also expected to help determine an acceptable process to seek formal proposals. In addition, he stated that the Committee has asked that direction be given to the KPL Board to undertake a Library Building Program Study to determine Library goals, mandate, services and programming, as well as building design to determine how the Library would fit into the Centre Block. The Committee is of the view partial funding should be provided for this study and is recommending up to $15,000. be reallocated from the CBSC's budget to the Library. Mr. Robson commented that the Committee is confident that a mixed-use development will be achieved in the Centre Block provided there is municipal involvement. In response to Councillor J. Gazzola, Mr. F. Pizzuto commented on evaluation results from Phases I and II of the KPL's Feasibility Study which indicated the Library is unable to expand for future growth on its current site and of six sites reviewed in the Downtown, the Centre Block was identified as the most suitable site to address present and future needs of the Library. In addition, he advised that the Library Building Program Study would clearly define operational needs that will allow an architect / consultant to determine building size requirements. Mr. Bryan Isaac added that prior to any decision being made to go to tender, Council would be provided with full cost estimates. Councillor M. Galloway commented that the original scope of the Library Feasibility Study has changed as a result of Council's direction in relation to the Centre Block development and advised that he was of the opinion it was appropriate to provide partial funding to the Library if direction is given to proceed with the next phase. Councillor J. Gazzola advised that while he is still opposed to the priority status given to a library component, he was in agreement with the approach being taken by the Steering Committee. He stated, however, that it would be his preference that the requested funding for the next phase of the study be taken from the general capital contingency so that remaining funds in the CBSC's budget could be used to pursue private sector development. COUNCIL MINUTES JUNE 16, 2003 - 193 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the Centre Block Steering Committee prepare development options for Council consideration, including a library, other public sector uses, educational institutions and private sector developments, and report back to Council on September 8, 2003; and, That the Centre Block Steering Committee provide partial funding to the Library's next phase study to define its building program for possible inclusion in Centre Block development, to a maximum of $15,000.; and further, That the Kitchener Public Library report back on its building program by October 15, 2003." Carried Unanimously. Mr. Greg Voisin, Voisin Developments Limited, attended to raise concern with respect to difficulty he has experienced in obtaining a long term lease arrangement with the Ontario Realty Corporation (ORC) to allow use of a hydro right-of-way for parking access to a new commercial development at the corner of Fischer-Hallman Road and Ottawa Street South. He noted that the subject property is unique in configuration in that the hydro right-of-way runs through a portion of the property. He advised that a lease in excess of 20 years can only be approved by the ORC if ratified by an Order in Council of the Provincial Cabinet; a process that can take up to one year to complete. Mr. Voisin urged Council to request that the ORC create a process to expedite this development and alleviate further delays to the development industry caused by their current policy. Councillor G. Lorentz expressed dismay that the ORC is not readily able to enter into long term leasing arrangements because of a change in government philosophy and questioned why the Province would be hesitant to do so given past practice and the revenues to be gained. He pointed out that a very large commercial development project with significant employment opportunities, is being delayed by this policy and expressed the opinion that a strong message needs to be sent to the Province that time is of the essence when dealing with private sector developments. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Kitchener City Council requests that the Ministry of Municipal Affairs & Housing and the Ontario Realty Corporation recognize the need to review the current requirement for an Order in Council to extend leases for Hydro One rights of way beyond a term of 20 years, this on the basis that municipalities are expected to deal with private sector development requests in a more timely and business like manner than the current process allows, and that greater flexibility is needed in dealing with commercial tenants who require longer term commitments; and, That in the interim, the requirement for an Order in Council be waived, or the process otherwise expedited, in respect to Voisin Developments Limited and other imminent development projects; and further, That copies of this resolution be sent to the Honourable David Young, Minister of Municipal Affairs & Housing, the Honourable David Tsubouchi, Management Board Secretariat, the Ontario Realty Corporation, the Regional Municipality of Waterloo, the Large Urban Mayors' Caucus of Ontario (LUMCO), the Association of Municipalities of Ontario (AMO) and local MPPs." Carried. Ms. Mary Ann Wasilka attended in opposition to Clause 10 of the Development and Technical Services Committee report (meeting of June 9, 2003), concerning an application by The Cora Group to demolish former residential dwellings located at 35 and 39 Weber Street East. Ms. Wasilka advised that she supports the positions taken by City staff and Heritage Kitchener in not recommending approval of the application. She stated that preservation of heritage buildings is important to revitalization efforts in the Downtown and the buildings in question are the best historical examples on the street. Ms. Wasilka commented on negative impacts to quality of life, pointing out that more parking will not encourage use of public transit but rather will increase traffic congestion. COUNCIL MINUTES JUNE 16,2003 -194- CITY OF KITCHENER Ms. Lorna Ferguson and Donna Kuehl were also in attendance to oppose Clause 10 of the report, commenting on similar issues of concern respecting preservation of historical buildings, creation of empty space and the negative impact that expansion of the parking lot will have to the streetscape and quality of life. Councillor M. Galloway advised that Heritage Kitchener is opposed to demolition of these viable residential buildings to accommodate more parking. He stated that Heritage Kitchener is adamant that Council re-consider approval of the demolition application and allow the properties to be added to the Heritage Inventory or provide some other mechanism by which they will be retained. Councillor J. Smola referred to a similar situation at Lancaster and Frederick Streets wherein a demolition application was denied, resulting in the dwellings on the site being left boarded and unmaintained until a point in time when demolition, in fact, did occur. He pointed out that the only reason staff object to demolition is because no development is proposed at this time. He suggested that refusing the application will result in the buildings being left unmaintained pending inevitable demolition for the purpose of development. Councillor J. Gazzola expressed the opinion that given no immediate development is proposed, the buildings should be left in place until such time as it is necessary to demolish them to allow development. Councillors G. Lorentz and B. Vrbanovic spoke in favour of demolition, commenting on a commitment made to The Cora Group to provide additional parking in the Downtown and reiterating similar concerns to that expressed by Councillor Smola. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Clause 10 of the Development and Technical Services Committee report (meeting of June 9, 2003), be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the balance of the Development and Technical Services Committee report (meeting of June 9, 2003), excluding Clause 10, be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Councillor J. Gazzola requested that Clauses 1 and 5 be dealt with separately. Councillor Gazzola advised that he was opposed to Clause 1 of the report dealing with a grant approval to the St. John's Kitchen Community Garden Group as it was his opinion the proposed budget for this project is excessive and he was not convinced the $1,000. grant was needed. Councillor G. Lorentz spoke in favour of the grant approval, commenting that a significant portion of the budget covers initial work to be done by a part time co-ordinator in educating volunteers to take over care and maintenance of the garden; a position that will be phased out over time as the garden becomes established. Councillor M. Galloway also spoke in favour, noting that St. John's Kitchen provides a vital service to the community and is continuing to build a sense of community with this project. Councillor Gazzola referred to additional information provided by staff with respect to Clause 5 of the report dealing with the preparation of a Leisure Facilities Master Plan, and expressed disappointment that the Feasibility Study could not be completed in a shorter timeframe. Councillor Gazzola asked that consideration be given to limiting further expenditures until the results of the consultant's study are known. Mr. J. Fielding advised that Mr. G. Richardson will attempt to provide preliminary budget implications to Council by the end of 2003. The report was then voted on Clause by Clause. JUNE 16, 2003 COUNCIL MINUTES - 195 - Clause 1 - Carried. Clause 5 - Carried. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway CITY OF KITCHENER "That the report of the Finance and Corporate Service Committee be adopted." Councillor J. Gazzola requested that Clause 7 be dealt with separately. Councillor Gazzola posed a number of questions concerning Clause 7 of the report dealing with a proposal to partner with the Waterloo Catholic District School Board to locate a Downtown Wellness Centre at the former St. Mary's High School site. Mr. F. Pizzuto responded, advising that the School Board is in a position where it must proceed with renovations and should the City not commit at this time, part of the building is likely to be demolished and the opportunity to partner lost. He further advised that cost estimates for the project without City involvement are unknown particularly the cost to the Board of demolishing the building if the City does not partner. Mr. J. Fielding advised that staff would follow up with this issue. Mr. Pizzuto also commented on the business case made by the community association, the economic profile prepared by McMaster University and the long and short term benefits to the Downtown if the City proceeds with this project. Councillor Gazzola stated that while this proposal is sound and there is a need for a Downtown Centre, he was opposed to moving it forward without reviewing all projects and re-assessing priorities. Councillor M. Galloway commented that not all projects are pre-planned and in this instance, an opportunity has arisen to form a solid partnership with the School Board. He expressed the opinion that investing in this project will contribute to the wellness of the Downtown community by providing a facility that will attract people to live in and visit the Downtown. In response to a further question from Councillor J. Gazzola, Mr. Pizzuto advised that if a decision is made to proceed, the City would begin construction in tandem with the School Board. He further advised that financial arrangements have been discussed that would allow deferral of partial payment until SuperBuild funding becomes available. Mr. J. Fielding advised that staff would provide Council with information regarding proposed funding for this project. The report was then voted on Clause by Clause. Clause 7 - Carried. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Councillor M. Galloway advised that he had received a request to defer Clause 2 of the report dealing with a Heritage Permit Application for 72 Victoria Street South, to allow the owner additional time to review the tenant's plans and submit a signed Heritage Permit Application. The report was then voted on Clause by Clause. Clause 2 - Action deferred and referred to the July 2, 2003 Council meeting to allow the property owner more time to review the tenant's plan and submit a signed Heritage Permit Application. Balance of report - Carried. COUNCIL MINUTES JUNE 16,2003 -196- CITY OF KITCHENER NOTICE OF MOTION Councillor B. Vrbanovic gave notice at the special Council meeting held June 9, 2003 that he would introduce a motion this date concerning consultation between the Regional Municipality of Waterloo and the City with regard to the proposed Light Rail Transit (LRT) and the Epton and Transit Centre sites. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "WHEREAS the City of Kitchener has indicated its support of the Light Rail Transit (LRT) proposal for Waterloo Region; and, WHEREAS the City has recently learned the scope of the proposed project has changed substantively during recent months without regular dialogue with the City and that some aspects of the new proposal may not align with the City's overall Downtown objectives; THEREFORE BE IT RESOLVED that the City reaffirm its support, in principle, for an LRT proposal in Kitchener and in Waterloo Region; and, BE IT FURTHER RESOLVED that the City of Kitchener requests that the Region of Waterloo immediately meet with our staff to initiate an open and frank dialogue about this project in the City to ensure both that the project meets the City of Kitchener's objectives and the Region of Waterloo's objectives and that there is a process of extensive community consultation initiated." Carried. MOTION FOR RECONSIDERATION Councillor G. Lorentz gave notice that he would introduce a Motion to Reconsider Council's resolution of June 9, 2003 to defer and refer the staff recommendation (CSD-03-019) pertaining to the 'Christmas Fantasy in Victoria Park' program to the June 23, 2003 Community Services Committee meeting. Councillor G. Lorentz advised that he would be unable to attend the June 23 Community Services Committee meeting and wished to speak to this matter. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Council reconsider its decision of June 9, 2003 in which it agreed to defer and refer the staff recommendation contained in Community Services Department report CSD-03-019, respecting the 'Christmas Fantasy in Victoria Park' program, to the June 23, 2003 Community Services Committee, pending receipt of additional information." Carried with required 2/3 majority. Community Services Department report CSD-03-019 (Christmas Fantasy in Victoria Park), dated March 28, 2003, was re-circulated this date to members of Council. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the 'Christmas Fantasy in Victoria Park' program continue to be supported; and, That the expansion of the Christmas lighting program in Victoria Park be endorsed; and, That storage of lights and use of a storage building located at 98 West Avenue by the 'Christmas Fantasy in Victoria Park' Committee be permitted; and, That the $100,000. loan balance for infrastructure for Victoria Park be forgiven in recognition of volunteer hours; and, COUNCIL MINUTES JUNE 16,2003 -197- CITY OF KITCHENER That the 'Christmas Fantasy in Victoria Park' Committee invest $75,000. in infrastructure for Victoria Park in 2003 to substantially increase the lighting program; and further, That if additional revenues materialize, staff meet with the 'Christmas Fantasy in Victoria Park' Committee and investigate ways to reimburse the City for the $100,000. forgiven loan balance." Councillor G. Lorentz spoke in favour of continued support of the Christmas lighting program and forgiveness of the loan. He noted that the group had not been able to secure commitment from the total number of service clubs originally estimated and those who have been involved desire an opportunity to put new life into the program. He pointed out that the group has contributed financially to a City-owned park and is committed to continuing partnership dialogue with service clubs. He also pointed out that this group has never received operating funds and suggested that such funding should be provided as an investment in the City's infrastructure. Councillor J. Gazzola stated that he did not disagree with the motion but had intended to bring a slightly different proposal for consideration at the June 23, 2003 Community Services Committee meeting. Councillor Gazzola advised that his proposal was discussed with Ms. N. Crossley, Chair of the Christmas Fantasy in Victoria Park Committee. His proposal would require the group to pay $75,000. toward the remaining $100,000., with the balance of $25,000. to be forgiven; the group would prepare annual reports; and, provision would be made in the 2004 Capital Forecast to cover costs associated with bringing hydro into the Park. Councillor Gazzola suggested that application for grant funding could be made on a yearly basis by the group and considered in the same manner as other organizations. Councillor G. Lorentz advised that he had also spoken with Ms. Crossley and the group is in favour of moving forward as recommended in the motion before Council this date. The motion pertaining to the 'Christmas Fantasy in Victoria Park' by Councillor G. Lorentz was then put to a vote and Carried Unanimously. Councillor B. Vrbanovic advised that he had recently attended the Association of Municipalities of Ontario (AMC)) Annual Conference wherein discussion took place with respect to the resolution of the Large Urban Mayors' Caucus of Ontario (LUMCC)) requesting the Province to immediately undertake an independent review of pressures facing municipalities, redistribution of operational responsibilities and sharing of financial resources to avoid taxes. LUMCC)'s resolution was in response to an initiative of the Progressive Conservative Party's election platform to require municipalities to hold a referendum on future tax increases. Councillor Vrbanovic advised that the Minister of Municipal Affairs & Housing, who had addressed LUMCC) at their meeting on June 6, 2003, has responded negatively to the resolution and accordingly, AMC) has decided to undertake its own independent review. Councillor B. Vrbanovic advised of resident complaints he has received with respect to speeding on C)ld Chicopee Trail and requested that staff prepare a report outlining options for traffic calming measures. Councillor C. Weylie advised that she had also received resident complaints regarding the cutting of grass and weeds on City-owned lands / facilities. She commented that in some areas grass is longer than the City's standard of 8 inches and requested that staff prepare a report outlining the City's practice with respect to this issue. Council agreed to a request from G. Sosnoski, General Manager of Corporate Services & City Clerk, to add two zoning amendment by-laws to the agenda for three readings this date. The first by-law relates to Clause 1 of the Development and Technical Services Committee report (meeting of May 26, 2003) and the second relates to Clause 8 of the Development and Technical Services Committee report (meeting of June 9, 2003). Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "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. JUNE 16, 2003 (b) COUNCIL MINUTES - 198 - CITY OF KITCHENER To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Madison Avenue South - G & V Shearer. (e) Being a by-law to exempt certain lots from Part Lot Control - Block 2 and Part Blocks 8, 28 and 29 on Registered Plan 58M-182 - Hawkswood Drive and Falconridge Drive. (f) To further amend By-law No. 88-189, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (g) Being a by-law to repeal By-law 2003-49. (h) Being a by-law to provide for the establishing and laying out of part of Apple Ridge Drive as a public highway in the City of Kitchener. (i) Being a by-law to provide for the establishing and laying out of part of Oakdale Court as a public highway in the City of Kitchener. (j) Being a by-law to provide for the establishing and laying out of part of Pioneer Tower Road as a public highway in the City of Kitchener. (k) Being a by-law to provide for the establishing and laying out of part of Windflower Drive as a public highway in the City of Kitchener. (I) Being a by-law to provide for the establishing and laying out of part of Windflower Crescent as a public highway in the City of Kitchener. (m) Being a by-law to exempt certain lots from Part Lot Control - Lot 55, Registered Plan 58M-247 - Swartz Street. (n) Being a by-law to exempt certain lots from Part Lot Control - Part Lots 63 to 72 inclusive, Registered Plan 58M-273 - Windflower Crescent. (o) Being a by-law to exempt certain lots from Part Lot Control - Lot 27 on Registered Plan 58M-247 - Cotton Grass Street. (p) Being a by-law to change the name of Kestrel Place to Old Cottage Place in the City of Kitchener. (q) Being a by-law to close and retain part of the public highway known as Hidden Valley Road in the City of Kitchener. (r) Being a by-law to change the name of a portion of Hidden Valley Road to Wabanaki Drive in the City of Kitchener. (s) Being a by-law to exempt certain lots from Part Lot Control - Blocks 10, 13, 14, 18, 20, 21,23, 24, 25 and Part of Blocks 1,3, 4, 6, 7,8, 9, 11, 15, 16, 22, 38, 39, 40, 41,45 and 46 on Registered Plan 58M-181 - Hawkswood Drive, Falconridge Drive, Owl Ridge Street, Coopershawk Street, Kestrel Street. (t) To confirm all actions and proceedings of the Council. (u) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Huron Woods Development Corporation - Strasburg Road and Huron Road. COUNCIL MINUTES JUNE 16, 2003 - 199 - CITY OF KITCHENER (v) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1397038 Ontario Limited - Michael Street. 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 J. Gazzola 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. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2003-97) (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. 2003-98) (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. 2003-99) (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Madison Avenue South - G & V Shearer. (By-law No. 2003-100) (e) Being a by-law to exempt certain lots from Part Lot Control - Block 2 and Part Blocks 6, 28 and 29 on Registered Plan 58M-182 - Hawkswood Drive and Falconridge Drive. (By-law No. 2003-101) (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2003-102) Being a by-law to repeal By-law 2003-49. (g) (By-law No. 2003-103) JUNE 16, 2003 (h) (i) d) (k) (m) (n) (o) (P) (q) (r) (s) COUNCIL MINUTES - 200 - CITY OF KITCHENER Being a by-law to provide for the establishing and laying out of part of Apple Ridge Drive as a public highway in the City of Kitchener. (By-law No. 2003-104 Being a by-law to provide for the establishing and laying out of part of Oakdale Court as a public highway in the City of Kitchener. (By-law No. 2003-105 Being a by-law to provide for the establishing and laying out of part of Pioneer Tower Road as a public highway in the City of Kitchener. (By-law No. 2003-106 Being a by-law to provide for the establishing and laying out of part of Windflower Drive as a public highway in the City of Kitchener. (By-law No. 2003-107 Being a by-law to provide for the establishing and laying out of part of Windflower Crescent as a public highway in the City of Kitchener. (By-law No. 2003-108 Being a by-law to exempt certain lots from Part Lot Control - Lot 55, Registered Plan 58M-247 - Swartz Street. (By-law No. 2003-109 Being a by-law to exempt certain lots from Part Lot Control - Part Lots 63 to 72 inclusive, Registered Plan 58M-273 - Windflower Crescent. (By-law No. 2003-110) Being a by-law to exempt certain lots from Part Lot Control - Lot 27 on Registered Plan 58M-247 - Cotton Grass Street. (By-law No. 2003-111) Being a by-law to change the name of Kestrel Place to Old Cottage Place in the City of Kitchener. (By-law No. 2003-112) Being a by-law to close and retain part of the public highway known as Hidden Valley Road in the City of Kitchener. (By-law No. 2003-113) Being a by-law to change the name of a portion of Hidden Valley Road to Wabanaki Drive in the City of Kitchener. (By-law No. 2003-114) Being a by-law to exempt certain lots from Part Lot Control - Blocks 10, 13, 14, 18, 20, 21,23, 24, 25 and Part of Blocks 1,3, 4, 6, 7,8, 9, 11, 15, 16, 22, 38, 39, 40, 41,45 and 46 on Registered Plan 58M-181 - Hawkswood Drive, Falconridge Drive, Owl Ridge Street, Coopershawk Street, Kestrel Street. (By-law No. 2003-115) COUNCIL MINUTES JUNE 16, 2003 - 201 - (t) To confirm all actions and proceedings of the Council. (u) (v) CITY OF KITCHENER (By-law No. 2003-116) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Huron Woods Development Corporation - Strasburg Road and Huron Road. (By-law No. 2003-117) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1397036 Ontario Limited - Michael Street. (By-law No. 2003-118) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:45 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 16,2003 -202- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of May 26, 2003) - That Zone Change Application ZC 97/34/S/PB (Strasburg Road at Huron Road - Huron Woods Development Corporation) to change the zoning on the subject lands from Restricted Business Park Zone (B-2) to Business Park Service Centre Zone (B-3) with Special Use 301 U; Restricted Business Park Zone (B-2) to Business Park Service Centre Zone (B-3) with Special Regulation Provision 363R; Restricted Business Park Zone (B-2) to Restricted Business Park Zone (B-2) with Special Regulation Provision 363R and Special Use Provision 297U; Restricted Business Park Zone (B-2) with Special Regulation Provision 1R to Hazard Land Zone (P-3); and Restricted Business Park Zone (B-2) to Hazard Land Zone (P-3), on lands legally described as Part of Lot 11, Biehn's Tract and Part of Lot 17 and 19, Registrar's Compiled Plan 1471, more particularly described as Parts 3, 4 and 6 and Parts 11 to 15 inclusive on Plan 58R-12807, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated April 25, 2003. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. (Dealt with under Delegations and Carried) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 9, 2003) - That parking be permitted for a period of three (3) consecutive hours on the east side of Ross Avenue between Weber Street East and its southerly limit; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited at anytime on the west side of Jackson Avenue from King Street to a point 65m north of King Street; and further, That the Uniform Traffic By-law be amended accordingly. That the Region of Waterloo be advised Kitchener endorses the installation of traffic signals on Strasburg Road at the Forest Glen Plaza. That Development and Technical Services Department report DTS-03-057 (2001 and 2002 Annual Report - Delegated Approval Authority) be received for information; and further, That report DTS-03-057 be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between the City of Kitchener and the Regional Municipality of Waterloo regarding Delegated Authority. That the City of Kitchener and its Contractor(s) - Warren Bitulithic Ltd. be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the repair/resurfacing of the intersection of Homer Watson Boulevard and Manitou Drive/Doon Village Road. The request for the exemption is between the hours of 7:00 p.m. to 7:00 a.m. for the period falling between June 2 to June 30, 2003 (with the actual work being completed over a two (2) day period within this time frame). That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the rehabilitation of the Freeport Bridge and King Street East Improvements, River Road to Riverbank Drive in the City of Kitchener. The request for the exemption is between the hours of 7:00 p.m. to 9:00 p.m. for the period from June 30, 2003 to October 31,2003. COUNCIL MINUTES JUNE 16,2003 -203- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) That Demolition Control Application DC 03/05/K/TMW (Laurel View Homes (CH) Inc.) requesting approval for the demolition of a single detached dwelling, located at 260 Kestrel Street, on land legally described as Block 19, Registered Plan 58M-181, be approved; and further, It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application ZC 00/12/M/JG (5 Michael Street - 1397036 Ontario Limited) to change the zoning from Neighbourhood Institutional Zone (I-1) with special use provisions 82 and 83 and special regulation 1R to Neighbourhood Institutional Zone (I-2), with special regulation provision 281 and special regulation provision 1R on lands legally described as part of Lot 552, Grange's Amended survey, Registered Plan 378 in the City of Kitchener, be approved in the form shown in the "Proposed By-law, dated May 12, 2003 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. That Council confirm that approval of Zone Change Application ZC 00/12/M/JG complies with the City's Municipal Plan by virtue of the establishment of a heritage easement over 5 Michael Street, without the need for a formal change to the Neighbourhood Institutional Land Use District. That Zone Change Application ZC 02/44/H/BS (251 Highland Road West - Mr. & Mrs. Duca and Mr. & Mrs. Metzger) to change the zoning from Residential Five Zone (R-5) to Residential Five Zone (R-5) with special use provision 326U, on lands legally described as Part Lots 655 and 696, Registered Plan 230, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated May 16th, 2003 without conditions. It is the opinion of the Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 10. That Demolition Control Application DC 03/02NV/CB (The Cora Group) requesting permission to demolish two former single detached dwellings located at 35 and 39 Weber Street East, legally described as Plan 364 Pt Lt 1 Plan 372 Pt Lt 5, 6 & 7 RP5848542 Part 1, 2 & 3 RP58R9193 Parts 1,2 & 5, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under Delegations and Carried) 11. A. That Kitchener City Council adopt the proposed Bylaw, dated May 5, 2003, to designate a "Community Improvement Project Area" for the purposes of the Brownfield Remediation Community Improvement Plan; and B. That Kitchener City Council adopt the proposed Bylaw and Schedule "A" attached thereto, dated May 6, 2003, to approve the Brownfield Remediation Community Improvement Plan. 12. That staff be directed to discontinue the bi-weekly review of Certificate of Approval applications posted on the Ministry of Environment Bill of Rights Registry for properties within the City of Kitchener. 13. That staff be directed to implement a new 'Sidewalk Maintenance Policy' as drafted within the body of Development and Technical Services Department report DTS-03-079, as revised to provide for remediation within "14" days rather than "7" days under the 'Priority 1 Conditions and Response' section. COUNCIL MINUTES JUNE 16,2003 -204- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That pursuant to Council Policy 1-400 (Facility - Community Gardens), a one-time contribution in the amount of $1,000. be approved to the St. John's Kitchen Community Garden Group for the start-up of the St. John's Kitchen Community Garden to be located at 50 Kraft Drive, Waterloo, which includes: a) Services in kind: transport topsoil, woodchips $750. b) Cash grant $250. That subject to the satisfaction of the City Solicitor, the Market Supervisor be authorized to sign a logo contract on behalf of the Corporation of the City of Kitchener, with the Ontario Ministry of Agriculture and Food, in order to obtain permission to use the Foodland Ontario logo. That requests received from Skyward Balloons, Sundance Balloons and Upward Bound Adventures to launch hot air balloons in Budd Park, be approved, in designated areas approved by City staff, subject to the applicant applying for and meeting the City's policies for launching hot air balloons and subject to the conditions in the City's lease agreement and extension lease agreement with Budd Canada Inc. That the City of Kitchener agrees to provide liability insurance coverage to the Kitchener Horticultural Society in an equivalent amount and coverage as it does for approved neighbourhood associations. That the Terms of Reference for the preparation of a Leisure Facilities Master Plan, as attached to Community Services Department report CSD-03-089, be received as information; and further, That staff be directed to hire a consultant to prepare a Leisure Facilities Master Plan in accordance with the said Terms of Reference. That an over-expenditure of $13,870. ($2,400. in the Breithaupt Park Budget and $11,470. in the Breithaupt Pool budget) be approved, to cover the necessary operating and staffing costs for the Breithaupt Park wading pool for the 2003 summer season; and further, That $2,400. and $11,470. necessary for operating and supervising the Breithaupt Park wading pool, be incorporated into the appropriate operating budgets for 2004. FINANCE AND CORPORATE SERVICES COMMITTEE - That subject to the satisfaction of the City Solicitor, the Fire Chief be authorized to sign a Letter of Intent for the City of Kitchener to enter into discussions with the Province of Ontario as part of the Hazardous Material Response coalition with the Cities of Cambridge and Waterloo, with the anticipated outcome of being designated a Level 2 Response Team within the Province. That the request of Dandy's Restaurant, 85 King Street West, to extend the patio in front of their premises on July 4, 2003, as part of Cruise Night sponsored by the Kitchener Downtown Business Association, be approved; and further, That this approval be conditional upon the patio conforming to the sketch appended to the May 30, 2003 correspondence of Peter Bardouniotis, being an area approximately 18' x 20' and accommodating 6 tables. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Downtown Business Association between the hours of 4:00 PM and 11:00 PM on July 4, 2003, for their 'Cruising on King Street' event. That with regard to three proposed amendments to three conditions that form part of the liquor licence for the outdoor patio of The Still at 125 King Street West, Kitchener, the following recommendations of the Liquor Licence Application Review Committee (LLARC) be approved, as revised: COUNCIL MINUTES JUNE 16, 2003 - 205- REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. CITY OF KITCHENER (Cont'd) That Council take no action to oppose the proposed amendment to condition #13 to remove the plastic plate requirement, and allow the use of acrylic glasses and ceramic plates. That Council take no action to oppose the proposed removal of the portion of condition #14 that requires tables to be fixed in concrete. That Council take no action to oppose the proposed amendment of condition #6 to extend the closing time of the outdoor patio from 1:00 a.m. (the sale of alcohol to cease at 12:15 am) to 1:45 a.m. (the sale of alcohol to cease at 1:00 a.m.). That no action be taken with regard to a request from Dwight Lamont to amend the City's Street Vendors By-law to add a new location on City property in the area of the new Kitchener Market. That the Serbian Community Event be approved to sell food in Civic Square on July 31, 2003, provided the necessary licence is obtained, including Health and Fire approval; and, That the Serbian Community Event on July 31, 2003, be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with the event; and further, That in celebration of our ethnic diversity, the Serbian Community Event be designated as an event of municipal significance for the purpose of applying for a liquor licence. That a capital expenditure to a maximum of $2.5 million be approved for a Downtown Wellness Centre; and, That the City of Kitchener partner with the Waterloo Catholic District School Board on co- locating the Wellness Centre in the former St. Mary's school site at Ontario and Weber Streets; and further, That subject to the satisfaction of the City Solicitor, the City enter into an operating agreement with the Waterloo Catholic District School Board for the operational aspects of the Centre. HERITAGE KITCHENER - That Heritage Permit Application 2003-V-18 (9 Oak Street - Victoria Park Area Heritage Conservation District) be approved, pursuant to Section 42 of the Ontario Heritage Act, to permit the demolition of an existing garage and construction of a new detached garage, as shown on the plans submitted with the application. That Heritage Permit Application 2003-1V-16 (72 Victoria Street South) be approved, pursuant to Sections 30 and 33 of the Ontario Heritage Act, to permit the installation of roof top communication equipment, shown as Alternative 1 on the plans submitted June 10, 2003; subject to the following conditions: (a) That staff evaluate this proposal in light of the City's new communications tower policy; and, (b) That the conduit and vertical flashing be located on the southerly side of the rear stairwell, away from Joseph Street. (Action deferred and referred to the July 2, 2003 Council meeting to allow the property owner more time to review the tenant's plans and submit a signed heritage permit application) COUNCIL MINUTES JUNE 16, 2003 - 206- REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 3. CITY OF KITCHENER That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 437 Pioneer Tower Road as being of historic and architectural significance: Historically, the property is part of the earliest (Spring 1800) inland non-native settlement of what would become Waterloo County; The built resources and land, and its historic association with the founding families of Waterloo County are also of cultural heritage significance; Architecturally, the Betzner farmhouse serves as an example of a Mennonite Georgian residence, and the symmetrical proportions and base architectural features that identify the farmhouse as a Mennonite Georgian structure are of significance. Specific features of the proposed designation include all building elevations; the fieldstone foundation; roof and roofline; return eaves; window and door openings, and 6 pane attic windows in gable ends; Specific features of the proposed designation of the driveshed include: all building elevations; the fieldstone foundation; roof and roofline; window and door openings; door hardware on north and west elevations; and the 6/6 windows. JUNE 16, 2003 A= B= COUNCIL MINUTES - 207 - 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. Licence i) Adult Entertainment Parlour Attendant It was resolved: "That Michelle Mader, employed at 2271 Kingsway Dr., Kitchener, (Phoenix) be granted a 2003 Adult Entertainment Parlour Attendant Licence." 2. Enqineerinq Aqreement - Krizsanderson Developments 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 Stantec Consulting Limited, regarding Krizsanderson Subdivision, Plan 30T-94008." 3. Aqreement - Borehole Testinq - 1122 Kinq Street East It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of the property municipally known as 1122 King Street East to permit drilling of boreholes and the installation of monitoring wells in the adjacent City owned laneway and in the King Street East road allowance." 4. Various Tenders Dealt with under Delegations. $. Execution of Waiver, Release of Claims and Replacement Agreement - Central Sprinkler Company, USA Council was in receipt of Corporate Services Department report CRPS-03-114 (L. MacDonald), dated June 16, 2003. It was resolved: "That the Mayor and Clerk be authorized to sign the Waiver, Release of Claims and Replacement Agreement with Central Sprinkler Company, USA, with respect to the sprinkler heads that are being replaced due to a voluntary product recall by the manufacturer at the Fire Headquarters on Strasburg Road." 6. Licensinq Hearinq - Draqon & Drawbridqe Council was in receipt of Corporate Services Department report CRPS-03-098 (R. Gosse), dated May 20, 2003. JUNE 16, 2003 COUNCIL MINUTES - 208 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 6. Licensinq Hearinq - Draqon & Drawbridqe - (Cont'd) It was resolved: CITY OF KITCHENER "That the decision of the Manager of Licensing not to issue a renewal "Place of Refreshment" licence to the Dragon & Drawbridge Inc. to operate a restaurant at 1508 King Street East, be confirmed." Request for a Licensinq Hearinq - Elite Marketinq Council was in receipt of Corporate Services Department report CRPS-03-117 (J. Koppeser), dated June 11,2003. It was resolved: "That a hearing be held under the authority of the Municipal Act, to determine whether to suspend, revoke or impose conditions with respect to an Itinerant Vendor's Licence, No. 20 03 003104 00 L7 issued to 6002897 Can. Inc.; and, That Councillors J. Smola, B. Vrbanovic, J. Gazzola and M. Galloway (alternate) be appointed as members of the tribunal; and further, That the hearing be scheduled on a date to be determined by staff with proper notice being given, following which a report will be submitted to Council for its consideration." Centre Block - Potential Development Options Dealt with under Delegations. West Reqion Provincial Offences Court - Reduction in Court Schedule Mayor C. 7ehr advised that the West Region Provincial Offences Court has given notice that court schedules will be greatly reduced during the months of August, September and October, 2003. He requested that consideration be given to a resolution to provide that a letter be sent from the Mayor to the Regional Senior Justice of the Peace and the Regional Senior Justice of the West Region outlining problems the City will be faced with and asking that judicial resources be reallocated to provide trial time for prosecution of Part II offences. It was resolved: "WHEREAS the City of Kitchener has been advised that the West Region Provincial Offences Court located at 77 Queen Street, Kitchener, will be operating on a greatly reduced schedule for the months of August, September and October; and, WHEREAS the reduced hours will adversely affect the City's ability to deal with by-law enforcement matters in a timely manner as well as defendant's ability to have timely access to the judicial system; THEREFORE BE IT RESOLVED that Mayor C. 7ehr on behalf of Council, be instructed to send a letter advising the Regional Senior Justice of the Peace and the Regional Senior Justice of the West Region of the problems associated with the closures; and, BE IT FURTHER RESOLVED that the Regional Senior Justice of the Peace and the Regional Senior Justice of the West Region be asked to reallocate judicial resources to the local Provincial Offences Court, particularly to provide trial time for the prosecution of Part II offences throughout August and September 2003." COUNCIL MINUTES JUNE 16,2003 -209- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Conveyance of Land - 32 Wilfred Avenue Council was in receipt this date of Corporate Services Department report CRPS-03-119 (L. MacDonald), dated June 16, 2003, requesting authorization to execute a deed from the City to the Regional Municipality of Waterloo for lands known municipally as 32 Wilfred Avenue. Councillor B. Vrbanovic requested that this matter be deferred pending further dialogue between the Region of Waterloo and the City of Kitchener. He commented that this conveyance is part of a broader Regional initiative relative to establishment of an ambulance station and expressed disappointment at the lack of communication from the Region to the municipality. He stated that the City has expressed concern over Regional plans to develop a stand-alone station at Ottawa Street North and Nottingham Avenue as an ambulance station and suggested that it could be attached to Fire Station #3, a short distance away at Ottawa Street North and River Road, at substantially less cost. Councillor Vrbanovic suggested that the proposed conveyance should not be considered in isolation of the ambulance station proposal. It was resolved: "That the recommendation contained in Corporate Services Department report CRPS- 03-119 requesting authorization for the Mayor and Clerk to execute a deed from the City to the Regional Municipality of Waterloo for lands known municipally as 32 Wilfred Avenue, Kitchener, be deferred and to the July 2, 2003 Council meeting, to allow City and Regional staff an opportunity to discuss the Region's initiative to develop an ambulance station on Ottawa Street North."