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HomeMy WebLinkAboutCouncil Minutes - 2004-02-23FEBRUARY 23, 2004 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic. The meeting began with the singing of "O Canada" by the Inter-Mennonite Children's Choir. Councillor C. Weylie introduced the 11th Kitchener Scout Troop, under the leadership of Ted Claxton, who were in attendance to observe the Council proceedings this date. On motion by Councillor G. Lorentz, the minutes of the regular meeting held February 9, 2004 and special meetings held February 9 & 16, 2004, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor G. Lorentz disclosed a pecuniary interest at the in-camera meeting of City Council held earlier this date in respect to a matter involving potential litigation. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Council was in receipt this date of the Heritage Kitchener report recommending awarding of the 2004 Mike Wagner Heritage Awards to certain local properties. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of the Heritage Kitchener Committee be adopted." Carried. Mr. Leon Bensason, Heritage Planner, attended to announce the recipients of the 2004 Mike Wagner Heritage Awards for Outstanding Achievement in recognition of properties at 124 Water Street South and 379 Queen Street South; and, an Award of Merit in recognition of the property at 33 Roland Avenue. Mr. Bensason advised that the awards recognize those who have contributed to the conservation of Kitchener's heritage. A presentation also highlighted before and after photographs of property restorations completed under the Designated Heritage Property Grant Program. Mayor C. Zehr and Councillor M. Galloway then presented the following awards: Mike Waqner Heritaqe Award - Award of Merit 33 Roland Avenue Owners: Wendy and lan Smith Contractors: Way-Mar Inc. Golden Hammer Michael Pauser Mike Waqner Heritaqe Award - Outstandinq Achievement 124 Water Street South Owners: Karen & Chris Winters Contractor: Scott Hoegy Building Limited 379 Queen Street South (Planning & Engineering Initiatives Limited) Owners: Polocorp. Inc. Contractors: Robert Dyck Architect & Engineer Inc. J.B. Construction Mayor C. Zehr recognized Mrs. Pat Wagner, spouse of former Councillor Mike Wagner, for whom the Award is named, and extended congratulations on behalf of Council to the 2004 recipients. Councillor C. Weylie advised that Business Heritage Community Awards were also presented earlier this week honouring milestone achievements of more than 75 local businesses who have made a long-standing commitment to doing business in Kitchener. Special recognition was given to 8 businesses celebrating between 75-150 years in business and 3 others recognized for 150 years. FEBRUARY 23, 2004 COUNCIL MINUTES - 79 - CITY OF KITCHENER Councillor C. Weylie further advised that the City is also celebrating a milestone achievement this year and presented Mayor C. Zehr with a plaque in recognition of the 150 year anniversary of the incorporation of the Village of Berlin. 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 G. Lorentz Seconded by Councillor J. Smola "That Proposal P03-046, Real Estate Services, be awarded to Coldwell Banker Commercial - Peter Benninger Realty, Kitchener, and Royal LePage Commercial Inc., Toronto Ontario, on an "as required" basis for a one year period, with an option to renew for two (2) additional one-year terms." Carried. Ms. Janet Cote, District Facilitator, Victoria Hills Community Centre, and Ms. Eileen Woodworth, President, Victoria Hills Neighbourhood Association, attended to mark the 20th Anniversary of Councillor C. Weylie's service as Ward Councillor. On behalf of the volunteers of the Association and staff at the Community Centre, Ms. Cote congratulated Councillor Weylie for her outstanding service and support to the community and highlighted examples of the many community initiatives in which she has played a supportive role. Ms. Cote and Ms. Woodworth then presented Councillor Weylie with a bouquet of roses, a memory album and a plaque to commemorate her 20 years of service to the City of Kitchener. Councillor C. Weylie stated that it has been a privilege to serve the citizens of Ward 6 (West-Victoria Park Ward), formerly known as Ward 10 (West Ward), and thanked the presenters for their gifts and recognition. Members of Council and those present then stood to congratulate Councillor Weylie in recognition of her dedication and long-standing service. Council was in receipt of documentation compiled by the Kitchener Public Library Board (KPL) outlining results of an assessment of the existing Main Library branch and requirements for future growth. The information included studies prepared by the Walter Fedy Partnership (Queen Street Redevelopment Study - December 9, 2003) and Beckman Associates Library Consultants (Main Library Assessment Study - April 16, 2003); and survey results prepared by the Southern Ontario Library Service (Summary of Public Consultation Findings - January 5, 2004). Letters of support were also provided this date from Mr. Michael Schmitt, President, KPL Foundation Inc. (dated February 19, 2004) and Ms. Anna Foat, Board member of the Auditorium Neighbourhood Association and Heartwood Place (undated). Mr. Bryan Isaac, Chair, KPL Board, attended in support of the research findings and introduced a number of Board members also in attendance this date. Mr. Isaac noted that the KPL was a recipient of a Business Heritage Award, honoured for its 120 years of public service and thanked the City of Kitchener for its long-standing support. He then commented on the research findings, stating that the inadequacy of the existing Main Library facility and its inability to accommodate future growth has been demonstrated in the study reports and a new modern, enlarged facility is required. He pointed out that the Centre Block remains the preferred location for a new Main Library branch and emphasized its potential to enhance Downtown revitalization as a strong partner in an educational and knowledge creation cluster within the core. He asked that Council endorse moving forward by including a new Main Library in the 10-year Capital Forecast. Ms. Dianne Slimmon, Chair- Building and Planning Committee, KPL Board, then presented the research findings, including the following highlights: · approximately 50,000 square feet of additional space is needed and will provide room for growth; · the existing facility lacks adequate parking and access to public transit and is not easily accessible to persons with disabilities; · the existing facility is not designed to accommodate upward expansion and has limited land for outward expansion; · building structure and mechanical systems are outdated and in need of costly repairs / replacement; · the building's infrastructure has physical limitations and does not meet user requirements for adequate space; programming; and provision of new technologies; and, COUNCIL MINUTES FEBRUARY 23, 2004 - 80 - CITY OF KITCHENER development of a new Main Library in the Downtown is consistent with the objectives of the Regional Growth Management Strategy to rejuvenate and revitalize downtown cores and a new facility will benefit business, education and the community at large. Ms. Slimmon responded to several questions, commenting that the four branch libraries are not included in the specifications as they are dependent on the resources of a Main Library facility. She advised that the cost of a new Main Library is estimated at $32.5 M and in comparison, demolition / construction to remain on the existing site is estimated to cost between $54 - $60 M. With respect to the importance of a new Main Library in comparison to the University proposals currently under consideration, and its proposed location, Ms. Slimmon pointed out that while the entire population uses the services of a library not all attend university and while the Downtown Centre Block is the preferred location, having a new facility is most important. Councillor J. Smola thanked the delegation for providing a comprehensive report and valid criteria as to why a new Main Library is needed. He advised that he would like the KPL's report to be referred to the Centre Block Steering Committee and City staff for review relative to the Strategic Plan for the Downtown and the Downtown Investment Package, and suggested a report be brought back for consideration by August 16, 2004. Mr. Alex Zeeman attended to raise concerns regarding the proposal for a new Main Library relative to costs associated with new construction and the proposed location. He stated that he was opposed to using tax dollars to locate a new library on the Centre Block and suggested that it would be more appropriate to demolish the facility and rebuild on the existing site. Mayor C. Zehr advised that demolition was investigated and was not considered appropriate as the costs involved are much higher and the City would be without library services for an extended period of time during the reconstruction process. Mayor Zehr emphasized that no decision is being made at this time pending further review by staff. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Kitchener Public Library (KPL) Board concerning a request to provide a new Main Library in the 10-year Capital Forecast, be referred to the Centre Block Steering Committee and City staff for further review, in the context of the Downtown Investment Package with a report no later than August 16, 2004." Carried. Council was in receipt this date of a Community Services Department information report (J. Hutchison), dated February 19, 2004, outlining activities of the Connect K-W program which provides free Internet services to the community at large. The program is funded through Industry Canada and is co-ordinated by the Social Planning Council of K-W (SPC). Mr. John Dreger, President, Ms. Angie Cook, Program Administrator, and Ms. Trudy Beaulne, Executive Director, SPC, attended to present details of the report and to request a letter of support respecting continued funding by the Federal and Provincial Governments. Mr. Dreger advised that the Connect K-W program has been very successful with 27 Internet sites available in Kitchener and Waterloo. He advised that the system was utilized by 520,000 people, of which approximately 9,000 logged on from 9 locations in Kitchener community centres. He commented that the City's support greatly contributed to the success of the program and advised that the SPC wished to recognize the City's support with a Certificate of Appreciation. The Certificate was presented to Mayor C. Zehr who accepted on behalf of Members of Council. Ms. T. Beaulne advised that in 2003 she attended a National Community Access Program (CAP) Summit in Pictou County, Nova Scotia, at which time a proclamation was drafted ('Pictou Proclamation') requesting the Government of Canada to continue its leadership role and expand its mandate to support community socio-economic development through provision of connections to new communications technology. She advised that CAP includes 7,000 community access sites across the country and emphasized the importance of maintaining and building on the success of such programs to enable those who might not otherwise have opportunity to have access to new technology. Accordingly, she asked that Council provide a letter of support to the Federal and Provincial Governments endorsing the Pictou Proclamation. In response to questions, Ms. Beaulne advised that the program funding concludes March 31, 2004 and there are no plans at this time for FEBRUARY 23, 2004 COUNCIL MINUTES - 81 - CITY OF KITCHENER program expansion. She advised that Industry Canada will undertake review of the program at conclusion of the funding period and make recommendations with respect to its continuation. Mayor C. Zehr pointed out that the City no longer makes proclamations, however, does endorse resolutions from other municipalities and suggested that the Pictou Proclamation be dealt with in this manner. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "WHEREAS the Community Access Program, through Industry Canada, enables people to enhance the socio-economic development of their communities through connections to new communication technologies that are emerging in the 21 st Century; and, WHEREAS local, regional and provincial organizations have partnered with the Government of Canada, primarily through Industry Canada, to achieve the vision of equitable opportunity for access for all people in every community, to make Canada the most connected nation in the world; and, WHEREAS these local, regional and provincial organizations have added value to this important vision through their own commitment, innovation, and partnership initiatives; and, WHEREAS the Community Access Program, led by Industry Canada, with its federal, provincial, regional, municipal and community colleagues, has assisted communities to prove it can effectively support community socio-economic development and achieve this vision of a connected Canada; and, WHEREAS socio-economic development is essential to all communities across Canada; THEREFORE BE IT RESOLVED that the City of Kitchener believes the Government of Canada should continue its leadership role through the Community Access Program and leverage its significant experience to expand its mandate to support community socio- economic development; and, BE IT FURTHER RESOLVED that the City of Kitchener requests that the Government of Canada: 1. Establish a national policy and plan to lead delivery of connectivity and access strategies aimed to develop community socio-economic opportunity, equity, inclusion and well-being; 2. Provide sufficient multi-year funding to enable effective community-based planning and delivery; 3. Establish, in concert with local Community Access partners, accountability criteria that enables community development and innovation; 4. Establish a National Community Access Steering Committee to liaise with provincial, regional and local partners; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to Prime Minister Paul Martin; Premier Dalton McGuinty; Industry Canada; and the Social Planning Council of K-W." Carried. Fire Chief Robert Browning presented an overview of Kitchener's Home Fire Safety Program. Highlights of his presentation included a review of the Ontario Fire Safety and Protection Model and an outline of 2003 activities of the Kitchener Fire Department as follows: · 9,047 emergency responses and approximately 11,000 home visits for fire safety awareness; · opening of the Waterloo Region Emergency Services Training Centre and continued use of the Childrens' Safety Village; · commencement of the accreditation process with the Commission of Fire Accreditation International; FEBRUARY 23, 2004 COUNCIL MINUTES - 82 - CITY OF KITCHENER · expansion of the Direct Detect Program into wireless-towerless technology; and, · statistics related to fires and response times. Fire Chief Browning also commented on the importance of working smoke alarms and participation in the Direct Detect Program, both of which have proven to save lives. He stated that the Kitchener Fire Department provides excellent fire service to the community and thanked Council for their support. In response to questions, he advised that the Direct Detect Program is an important tool in reducing response times by providing direct relay of emergency situations to the Department's Communications Centre. At the request of Councillor G. Lorentz, Fire Chief Browning agreed to arrange a tour of the Fire Training Facility for members of Council. Mr. Bob McColl, member of the Community Capital Investment Team, attended to express appreciation and support for the public consultation process respecting prioritization of community projects under consideration as part of the City's 2004 Capital Budget process. Mr. McColl presented charts based on his personal observations, comparing the ranking of 21 capital projects by Council/ City staff and the Community Capital Investment Team. Mr. Henry Walser, Walser Funeral Home Limited, attended with respect to Clause 1 of the Community Services Committee report of this date dealing with the hiring of a consultant to undertake a Strategic Business Plan for cemetery operations. Mr. Walser raised concerns with respect to the impending legislation which will allow municipalities to become involved in the funeral home industry. He asked that in the event a decision is made to proceed to tender, Council take great care in considering the impact on local funeral home businesses. Councillor G. Lorentz agreed that the issues raised by the delegation should be taken into consideration, however, he was of the opinion that there is opportunity to form partnerships with the private sector and encouraged Mr. Walser to participate in the public process as this initiative unfolds. Mayor C. Zehr commented that he had raised concerns with respect to the issue of operating a funeral home at the Community Services Committee meeting and reiterated that he was not in favour of the City entering into a new business that would be in competition with the private sector. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 1 of the Community Services Committee report of this date be adopted." Carried. Mr. Richard Haalboom attended on behalf of the Society for the Preservation of Upper Doon (SPUD) with respect to Clause 3 of the Development and Technical Services Committee report of this date, concerning re-instatement of two-way traffic on Doon Village Road from the west limit of the first single lane bridge to Doon South Drive. Council was in receipt this date of an outline of Mr. Haalboom's comments similar to those made at the Development and Technical Services Committee meeting of February 16, 2004. Mr. Haalboom asked that consideration be given to leaving the traffic calming barrier in its present location at Doon South Drive and Doon Village Road. Councillor J. Gazzola agreed with Mr. Haalboom and asked that consideration be given to leaving the barrier in place until an impending study is completed over the next 5-6 months. Councillor M. Galloway advised that staff had raised safety concerns regarding the barrier obstructing children's ability to cross over to an adjacent public school. Mayor C. Zehr added that staff were also concerned that the barrier makes it difficult for motorists to maneuver in two-way traffic. A motion by Councillor J. Gazzola to defer Clause 3 of the Development and Technical Services Committee report to the March 22, 2004 Development and Technical Services Committee meeting was not considered due to lack of a seconder. At the request of Councillor M. Galloway, it was agreed to amend Clause 3 to clarify that the barrier is to be removed. COUNCIL MINUTES FEBRUARY 23, 2004 - 83 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 3 of the Development and Technical Services Committee report of this date be adopted, as amended to provide that the physical barrier at Doon South Drive and Doon Village Road be removed." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Councillor J. Gazzola referred to Clause 2 of the report concerning a request from the Regional Pesticide Use Reduction Working Group for support of a public education campaign to encourage reduction of non-essential use of pesticides Region-wide. Councillor Gazzola suggested that similar to the issue of smoking in public places, this should be a fully-funded Regional initiative. Councillor G. Lorentz referred to discussions with Kitchener Regional Council representatives during which this issue was discussed and suggested that clarification is needed with respect to Regional and municipal authority to pass a by-law restricting the use of non-essential pesticides. In this regard, he requested that Clause 2 be deferred pending further clarification with respect to the issue of a by-law. On motion by Councillor G. Lorentz, seconded by Councillor M. Galloway, it was agreed to defer and refer Clause 2 of the Development and Technical Services Committee report of this date to the March 1, 2004 special Council meeting pending clarification with respect to Regional and municipal authority to pass a by-law with respect to restricting the use of non-essential pesticides. The Development and Technical Services Committee report was then voted on clause by clause. Clause 2 - Deferred and referred to the March 1, 2004 special Council meeting pending a further staff report. Clause 3 - Carried, as Amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Councillor G. Lorentz referred to Clause 2 of the report dealing with the City's Leaf Collection Program and advised that the issue of leaf collection as part of the Regional Yard Waste Program was raised with Kitchener Regional Councillors. He requested that when issues have been dealt with concerning the Regional Yard Waste Program, staff revisit the Leaf Collection Program and report back on alternatives for improvements with respect to the 2004 program. Mr. J. Fielding, Chief Administrative Officer, advised that while there were challenges with respect to the 2003 program, positive results were also realized and he thanked the community for their efforts in doing their best to follow the City's program. It was requested that the Chief Administrative Officers of the affected area municipalities meet with the Region to discuss further, and report back at the earliest opportunity. The Community Services Committee report was then voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried. Balance of report - Carried. COUNCIL MINUTES FEBRUARY 23, 2004 - 84 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Service Committee be adopted." Councillor J. Gazzola referred to Clause 3 of the report concerning establishment of a Corporate Employee Development Program and raised concerns with regard to the $400,000. cost to implement the program. He suggested that the costs involved should be reviewed in more detail. Mayor C. Zehr stated that it is intended to have staff provide additional information respecting a breakdown of costs when this matter is considered during the 2004 Capital Budget process. The Finance and Corporate Services Committee report was then voted on and Carried. Councillor G. Lorentz referred to a recent television broadcast of 'W5' on the topic of dangerous dogs. The program provided comparison among municipalities in Canada and the United States with respect to the handling of dangerous dog issues. He requested that Legal Services staff review the video tape to determine whether any changes to the City by-laws are necessary. Councillor M. Galloway requested a report for consideration by the Community Services Committee in late March or early April concerning the City's grass cutting program. Mr. J. Fielding advised that staff is in the process of preparing a report for consideration which will include recommendations for service improvements. Council agreed to a request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add a zoning amending by-law for three readings this date relative to Clause 5 of the Development and Technical Services Committee report. Moved by Councillor J. Smola 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. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (b) 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. (c) Being a by-law to exempt certain lots from Part Lot Control - Part Block 4, Registered Plan 58M-19- Hackberry Street. (d) Being a by-law to amend By-law 2002-46 to exempt from Part Lot Control - Part of Lots 1,2 and 3, Registered Plan 58M-224) (e) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (f) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (g) 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. (h) Being a by-law to exempt certain lots from Part Lot Control - Part Block 2, Registered Plan 58M-55- Wake Robin Crescent. (i) To confirm all actions and proceedings of the Council. (J) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Pen Retail II Ltd. - Fairway Road South. FEBRUARY 23, 2004 COUNCIL MINUTES - 85 - CITY OF KITCHENER 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 G. Lorentz 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. 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." Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) Carried. 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. 2004-31) 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. 2004-32) Being a by-law to exempt certain lots from Part Lot Control - Part Block 4, Registered Plan 58M-19- Hackberry Street. (By-law No. 2004-33) Being a by-law to amend By-law 2002-46 to exempt from Part Lot Control - Part of Lots 1,2 and 3, Registered Plan 58M-224) (By-law No. 2004-34) 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. 2004-35) 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. 2004-36) 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. 2004-37) FEBRUARY 23, 2004 COUNCIL MINUTES - 86 - CITY OF KITCHENER (h) (i) (J) Being a by-law to exempt certain lots from Part Lot Control - Part Block 2, Registered Plan 58M-55- Wake Robin Crescent. To confirm all actions and proceedings of the Council. (By-law No. 2004-38) (By-law No. 2004-39) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Pen Retail II Ltd. - Fairway Road South. (By-law No. 2004-40) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:40 p.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 23, 2004 - 87 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That on-street parking be prohibited at anytime on the south side of Country Hill Drive from a point 90 metres east of Coach Hill Drive to a point 50 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 2. That the City of Kitchener supports public education as a key initiative in efforts to encourage the reduction of the non-essential use of pesticides in our community; and, That the City participate in cost-sharing with the other area municipalities and the Region, and approve the request of the Pesticide Use Reduction Working Group for a financial contribution in the amount of $50,640 in 2004 for a public education program; and, That a portion of Kitchener's share be an in-kind contribution of Kitchener Communications Division staff time in the amount of $15,000; and further, That Kitchener's contribution is contingent on cost-sharing by all area municipalities and approval through the 2004 budget process. (Deferred and referred to the March 1, 2004 special Council meeting pending a further staff report) That two-way traffic on Doon Village Road from the west limit of the first single lane bridge to Doon South Drive be reinstated and the physical barrier at Doon South Drive and Doon Village Road be removed; and, That 'Local Traffic Only' signage be appropriately placed on Doon Village Road; and, That the Uniform Traffic By-law be amended accordingly; and further, That Transportation Planning continue to monitor the traffic conditions on Doon Village Road. (Dealt with under Delegations and Carried, as Amended) That Zone Change Application ZC 03/18/K/DR (McCrory Associates) to change the zoning on the subject lands from Arterial Commercial Zone (C-6) and Arterial Commercial Zone (C-6) with Special Use Provision 3U to Arterial Commercial Zone (C-6) with Special Use Provision 3U and Special Use Provision 335U on lands legally described as Part 4 and Part Lot 5, Plan 267, municipally known as 2600 King Street East and 1191 and 1221 Weber Street East, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated February 16, 2004 subject to the following condition: That the zoning by-law not receive three readings until a Record of Site Condition is completed for the property at 2600 King Street East and the City has been notified by the Regional Municipality of Waterloo that the Record of Site Condition satisfies Regional requirements. That zone change application ZC03/21/F/KS, to change the zoning on the subject lands, legally described as Part of Lot 2, Registrar's Complied Plan 1525, for the City of Kitchener, from Commercial Campus Zone C-8 with Special Use Provisions 112U, and Special Regulation Provision 297R to Commercial Campus Zone C-8 with Special Use Provision 112U, Special Regulation Provision 297R, and Special Regulation 413R, be approved, in the form shown in the attached "Proposed By-law", dated February 16, 2004. FEBRUARY 23, 2004 COUNCIL MINUTES - 88 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That staff engage a consultant to undertake a strategic business plan for the City's Cemetery operation, as outlined in Community Services Department report CSD-04-028. (Dealt with under Delegations and Carried) That staff be directed to engage in discussions with the Regional Municipality of Waterloo to ensure leaves bagged in kraft paper bags are part of their annual Yard Waste Program and are picked up in a cost effective manner; and further, That staff be directed to not change the Leaf Collection Program from 2003 and to communicate this to Kitchener residents, with a communications strategy to be developed for implementation in the Fall of 2004. FINANCE AND CORPORATE SERVICES COMMITTEE - That the request of the Business & Education Partnership for a grant in the amount of $5,000. be referred to the review of the annual operating grant portion of the Operating Budget for 2004. That the annual Employee Recognition Dinner be extended to include employees with 15 years of service; and further, That Council Policy Resolution 11-240 (Human Resources - Recognition Program) be revised, as attached to Strategic Services Department report SSD-03-040, to include this change and any other necessary revisions to implement new approaches to incorporate recognition as outlined in report SSD-03-040. That the proposed Corporate Employee Development Program (CEDP), requiring a new capital expenditure of $125,000. per annum, be approved, in principle and be referred to the 2004 Capital Budget process; and further, That in consideration of this matter during review of the 2004 Capital Budget, staff provide further detail regarding the breakdown of costing for the CEDP and demonstrate, where possible, how the program will reduce costs and achieve savings elsewhere. HERITAGE KITCHENER- 1. That the following properties receive 2004 Mike Wagner Heritage Awards: Outstandinq Achievement Award 124 Water Street South 379 Queen Street South. Award of Merit 33 Roland Avenue (Dealt with under Delegations and Carried) COUNCIL MINUTES FEBRUARY 23, 2004 - 89 - 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. Licences i) Permanent Vendor / Place of Refreshment It was resolved: "That a 2004 Permanent Vendor / Place of Refreshment Licence be granted to Thomas Ferguson, to operate a business known as Fergie's Pub & Deli at 210 King Street East, Kitchener." ii) Adult Entertainment Parlour Attendant It was resolved: "That Sarah Edge, employed at #4-808 Courtland Ave. E., Kitchener, (Taj Mahal) be granted a 2004 Adult Entertainment Parlour Attendant Licence; and, That Kimberly Medica, employed at 1412 Victoria St. N., Kitchener, (Ruby's) be granted a 2004 Adult Entertainment Parlour Attendant Licence; and further, That Thao Lam, employed at 2271 Kingsway Dr., Kitchener, (Phoenix) be granted a 2004 Adult Entertainment Parlour Attendant Licence." 2. Multicultural Festival It was resolved: "That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park on Saturday, June 26 and Sunday, June 27, 2004, the period of June 26 to July 2, 2004 inclusive be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a "Community Festival" within Kitchener; and further, That the Kitchener-Waterloo Multicultural Centre Inc., be granted a Temporary Retail Market Licence, provided that the necessary licence is obtained, including Health and Fire approvals." 3. Do.q Desi.qnation Appeal Committee Decision It was resolved: "That the February 16, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Tania Edwards, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 4. Tender Dealt with under Delegations. FEBRUARY 23, 2004 COUNCIL MINUTES - 90 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 5. TaR Day Request - Royal Canadian Sea Cadets #94 WARSPITE Council was in receipt of correspondence from Mrs. S. Bushfield, Tag Day Co-ordinator, K-W Navy League Branch, dated February 11, 2004, requesting permission to conduct Tag Days on April 16 & 17, 2004. It was resolved: "That Council grant the request of the Royal Canadian Sea Cadets #94 WARSPITE for permission to conduct Tag Days on the evening of April 16 and all day April 17, 2004, at various malls, grocery stores, liquor store entrances, as outlined in correspondence from S. Bushfield, dated February 11, 2004." 6. Committee of Adjustment Decision Council was in receipt of minutes and other background information from D. Gilchrist, Acting Secretary-Treasurer, Committee of Adjustment, regarding a meeting held February 10, 2004. It was resolved: "That the application of Tony Phung (387-397 King Street East) requesting permission to erect a new billboard sign to be located 75m (246.06') from a residential zone rather than the required 150m (492.13') and 180m (590.55') from another billboard sign rather than the required 300m (984.25'), on Part Lots 17 & 18, Plan 364 and Part Lot 19, Plan 365, 387-397 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the billboard sign as approved in this application shall be 10-15% smaller than the previous billboard sign on this property. That the owner shall receive approval from the City of Kitchener for the lighting of the sign. That the owner shall receive approval from the City of Kitchener for a landscape plan showing the landscaping to be installed around the billboard sign, and shall agree to install the landscaping in accordance with the approved plan." 7. Market Lane Property Owner Aqreements Council considered Community Services Department report CSD-04-036 (F. Pizzuto), dated February 17, 2004, concerning licence agreements. At the request of Councillor J. Gazzola, Mr. F. Pizzuto clarified that the licence agreements will permit the City to encroach on private property to undertake aesthetic improvements (i.e. a permanent surface and landscaping) as part of the reconstruction of Market Lane and Eby Street. He advised that all property owners backing onto the Lane have consented to enter into agreements and will be responsible for maintaining the area of their properties affected once construction is completed by the City. Mr. Pizzuto also agreed to provide Council with details of the construction costs that will be incurred by the City. It was resolved: "That the Mayor and Clerk be authorized to sign licence agreements satisfactory to the City Solicitor with the registered property owners of the following properties in order to construct surface and landscape treatment on private lands as part of the reconstruction of Market Lane and Eby Street in the Spring of 2004 as outlined in Report No. CSD-04- 036: FEBRUARY 23, 2004 COUNCIL MINUTES - 91 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 7. Market Lane Property Owner Aqreements - (Cont'd) · 27-29 Scott Street · 19 Scott Street · 210-216 King Street East · 220-222 King Street East · 236 King Street East · 254-262 King Street East · 24 EbyStreet · 141 Duke Street · 7 and 8 Moyer Place." 8. Request to Sell Food and Souvenirs - Peter Hallman Ball Yard Council considered Corporate Services Department report CRPS-04-027 (J. Koppeser), dated February 16, 2004. It was resolved: "That the request of the Angels Softball Club to sell food and souvenirs during their tournament at Peter Hallman Ball Yards on August 13, 14, and 15, 2004, be granted subject to obtaining the necessary Licence, including Health and Fire approvals; and further, That the Special Event licence fee of $28.00 be applicable." 9. Amendment to Council Flaq Policy Council considered Corporate Services Department report CRPS-04-028 (G. Sosnoski/ R. Gosse), dated February 18, 2004. At the request of Councillor J. Gazzola, it was agreed to amend the policy to include recognition of the death of retired City staff with 15 or more years service, where the City is aware of the passing. It was resolved: "That Council Policy 1-30 (Flags) be replaced with the Flag Policy attached to Corporate Services Department report CRPS-04-028, dated February 18, 2004, as amended this date to add a sub-clause i) to Item 3 of the policy to read: 'a Retired Member of City staff having a minimum of 15 years service.'"