Loading...
HomeMy WebLinkAboutCouncil Minutes - 2004-03-08COUNCIL MINUTES MARCH 8, 2004 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 Dana Wagner, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held February 23, 2004 and special meetings held February 23 and March 1, 2004, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL 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 report requesting Council to consider an additional Tender T04-008 dealing with the Victoria Street South widening, Charles Street transmission watermain and King Street reconstruction; and a revised report concerning Proposal P03-062 (Emergency Demolition Services / Fire Scene Restoration) including a list of responding parties. Council also considered this date Development and Technical Services Department report DTS-04-033 (J. McBride), dated March 4, 2004 dealing with a request to delegate approval authority to award RFP P03-054 (Multi-Facility Parking Management System). Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Proposal P03-062, Emergency Demolition Services and Fire Scene Restoration, Containment and Related Emergency Services, be awarded to Woodhouse Contracting Ltd., Kitchener at their proposed unit prices." - and - "That Tender T04-002, Road and Surface Construction, be awarded to Capital Paving Inc., Guelph, Ontario at their tendered price of $3,501,224.15, including contingencies of $108,461. and G.S.T., and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T04-004, Sun System Hardware & Related Equipment, be awarded to Nex Innovations, Mississauga, Ontario at their tendered price of $141,948, plus P.S.T. & G.S.T." - and - "That Tender T04-011, Tandem Axle Chassis with Snow & Ice Control Equipment, be awarded to Joe Johnson Equipment Inc., Barrie, Ontario, at their tendered price of $264,074.50, plus optional automatic greasing system ($3,680.), paint cab to white ($2,530.), paint dump body to Kitchener green ($2,179.25), heated dump body ($1,380.), rear post lights ($1,495.), strobe light ($661.25), air tarp ($2,012.50), road temperature sensor ($1,092.50) and spill shields ($1,265.), including P.S.T. & G.S.T." - and - "That subject to a satisfactory agreement between the City and Lyndale Estates Ltd. as outlined in Development and Technical Services Department report DTS 04-027, dated February 17, 2004; Tender T03-066, Zeller Drive Wastewater Pumping Station, be awarded to Sierra Construction (Woodstock) Limited, Woodstock, Ontario at their tendered price of 3,636,716, including provisional items and contingencies of $319,000. & G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - COUNCIL MINUTES MARCH 8, 2004 - 96 - CITY OF KITCHENER "That Tender T04-008, Victoria Street South Widening, Charles Street Transmission Watermain and King Street Reconstruction, be awarded to Clearway Construction Inc., Concord, Ontario at their corrected tendered price of $6,354,207.02, including contingencies of $646,633.50 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That authority to award RFP P03-054 Supply, Installation, Warranty and Maintenance of a Multi-Facility Parking Management System be delegated to the Chief Administrative Officer upon selection of an appropriate vendor." Carried. Mr. John Cooper, Co-ordinator of Athletics, attended to announce recognition of the City of Kitchener by The Spirit of Sport Foundation as a 'True Sport Community'. The City was nominated by Elaine Raakman, justplay sports services, in acknowledgement of the City's various programs and policies supporting sport in the community. The True Sport Community Recognition Program is a National initiative that publicly recognizes Canadian communities that embody the true sport principles of fairness, excellence and inclusion. Mr. Cooper advised that the award will be presented to Mayor C. Zehr by Dr. Roger Jackson, Chair of the Canadian Centre for Ethics in Sport, at the 31st Annual Canadian Sport Awards in Toronto on March 23, 2004, followed by broadcast of the awards program on CBC TV on March 24. In addition, a video produced by City staff and Rogers Cable TV will be shown on CBC Saturday Sports on a date preceding the awards program. Mr. Ron Charie, President, Kitchener-Wilmot Hydro (KVVH), presented an overview of the City's financial position with regard to KVVH and the debt capitalization strategy being considered by the City of Waterloo. Mr. Charie advised that the City holds a Promissory Note owing by KWH in the amount of $70,997,576. By the end of 2004, he advised that KWH will have paid a total of $28,942,685., including $16,705,984. in interest plus an original amount transferred to the City of $12,236,701. He pointed out that KVVH's rate base only allows an interest payment of 4.68%; however, because of its healthy financial position, KVVH is meeting its financial obligation to pay 7% interest as at January 1, 2003 to present. It was noted that additional incremental funds resulting from an increase in residential rates April 1, 2005, must be used exclusively for Demand Side Management initiatives, leaving no additional funds for operations of KVVH until 2006. Mr. Charie commented that should the City give the required 18 months written notice to request payment of the Promissory Note, KWH will have to raise the funds through public or private placement and potentially be required to make an annual repayment of part of the principal amount, which is not provided for in the rate base. KVVH could potentially secure a new debt instrument at 6% interest; however, no benefit in a drop of 1% will be realized by KWH as it will lose a significant tax benefit. He stated that the City of Waterloo has made a good financial decision given their cost of capital is higher than the 2-3% that Waterloo North Hydro is paying in comparison to the 7% paid by KVVH versus the City of Kitchener's costs of capital at a much lower rate than 7%. Mr. Charie concluded that Council will have to decide what is in the best interests of the community while considering the best interests of their Hydro Corporation. Ms. Pauline Houston, General Manager of Financial Services & City Treasurer, presented an overview of the impact of monetizing and / or continuing the Hydro promissory note, as follows: · currently $73.5 M is invested at 7% interest per year ($364,000 per capita); · if monetized, $38.3 M in interest already included in the Capital Forecast would be lost, of which $35.3 M would have been available for new projects; · if a change is made from 7% interest to 6% interest in 2005 and beyond, the differential equates to an additional $6.6 M available over the 10-year Capital Forecast; · if the promissory note is not monetized: the City gains investment earnings of 7% in 2004 and 6% in future years; the City has opportunity to borrow at 4.75% over 10 years now and at 2.5% through OMEIFA (Provincial Opportunity Bonds) for infrastructure; · no community benefit is realized by monetizing the debt due to required income tax payable to the Province; · in 2013 the City will still have the $73.5 M investment and the debt will be partially repaid. COUNCIL MINUTES MARCH 8, 2004 - 97 - CITY OF KITCHENER In response to questions, Mr. R. Charie commented that KWH will continue to pay 7% interest pending any change in legislation which allows for a reduced rate and is in good financial position to continue refurbishing its infrastructure. It was also clarified that the City of Waterloo intends to request a lump sum payment of approximately 50% of its hydro investment as part of its debt capitalization strategy. Mayor C. Zehr advised that the presentations made by Mr. Charie and Ms. Houston this date were for the purpose of providing information that will assist Council in considering financial options with respect to the 2004 budget deliberations. Council was in receipt this date of Community Services Department report CSD-04-044 (F. Pizzuto), dated March 3, 2004 and 'Downtown Kitchener Health Science Campus / School of Pharmacy - Economic and Community Impact Analysis', dated February 25, 2004, prepared by urbanMetrics inc. Ms. Lauren Millier, urbanMetrics inc., presented an overview of the results of the impact analysis and highlights of her presentation included: · University campuses act as attracters to technology intensive businesses / activities; University of Waterloo has contributed to creation of technology spin-off firms that remain in the Region; Universities influence communities through high quality urban design, bring out-of-town visitors and raise the profile of a neighbourhood or Region; · Downtown locations because of access to infrastructure, public transit, markets and labour force, are more efficient in maximizing economic benefits of major public projects and Downtown Kitchener is well positioned to support the proposed Health Sciences Campus; · Health Sciences sector, particularly the pharmaceutical industry, is one of the fastest growing industries; Ontario is already a leading bio-technology region with significant investment being made annually in Ontario health sciences by government and the private sector; · Waterloo Region is part of the Ontario biotech corridor and the proposed Downtown Health Sciences Campus would foster the initiative of the Province to enable regional bio-technology clusters to become 'the engines of innovation and growth'; · Health Sciences sector and the pharmaceutical industry have long value chains with a high propensity for regional activity clustering around major research centers and universities which would benefit both the Downtown and the Region if the proposed centre is developed; · University of Waterloo already has a track record of technology spin-off organizations and is well suited to encourage the same activity from a Health Sciences Campus; · Construction of the campus and associated residence will add $31 M to the Region's economy, create approximately 358 full-time jobs and $21 M in wages and salaries; one-time public revenues would amount to approximately $11 M among all levels of government; · Recurring impacts including annual operations, research, student and visitor spending would add approximately $28 M annually, generate approximately 766 person years of employment annually and annual wages of approximately $25 M; recurring revenues to all levels of government would amount to approximately $9 M per year. Ms. Millier responded to several questions, commenting that while economic spin-offs tend to expand over the long term, some may be realized within 3-5 years as graduates leave the school program and the economic model could be revisited in time to determine its accuracy. It was also noted that costs outlined in the impact analysis related to construction of a student residence would be borne by the University of Waterloo and not the City. Mr. F. Pizzuto advised that the impact analysis was prepared as a tool to be used in consideration of this proposal during budget discussions and no decision is required at this time. In reference to the proposed investment by the City, Councillor J. Gazzola commented that a final decision should not proceed prior to definitive figures being presented that would include the level of commitment by senior levels of government and the private sector. Mayor C. Zehr commented that municipal investment is part of building a business case to assist in leveraging funds from senior levels of government. Mr. J. Fielding, Chief Administrative Officer, added that Council's commitment will be required prior to an approach being made to other potential funding partners. Council was in receipt this date of Strategic Services Department report SSD-04-008 (C. Ladd), dated March 6, 2004, outlining results of the public consultation process dealing with the 2004 Capital Budget and Financial Services Department report FIN-04-013 (P. Houston), dated March 2, 2004, concerning various capital funding options. Ms. C. Ladd, General Manager of Strategic Services, provided an overview of report SSD-04-008, advising that four public sessions were held to determine the community's priorities for capital growth COUNCIL MINUTES MARCH 8, 2004 - 98 - CITY OF KITCHENER projects as they compared to Council and to determine the community's position with respect to investment in the City's economic future. Each session dealt with a specific portion of the budget and included discussions related to: sewer and water rates; a comprehensive review of the Capital Budget; community capital investment ranking; and, economic development investment options. Ms. Ladd advised that a private meeting sponsored by the K-W Real Estate Board was also held to discuss economic development investment options. She noted that the community's ranking of capital projects was similar to that of Council, with the highest rankings applied to maintaining infrastructure and responding to community needs. With respect to economic investment, she advised that support was given to investing in both Downtown University proposals; sustaining our existing manufacturing sector through investment in industrial lands and in particular, development of lands on the City's east side adjacent to the airport; and smaller development of lands on the west side. Ms. Ladd stated that the culmination of all meetings resulted in the recommendation contained in report SSD-04-008 which requests Council to provide a total financial capacity of $110 M to support investment in the Downtown and provide opportunity for growth in the manufacturing sector. Ms. P. Houston reviewed various capital funding options, as outlined in report FIN-04-013, advising that in order to maintain a conservative approach to capital financing and some flexibility for future growth, staff are recommending any option that results in the following: · debt charges as a percent of revenue at or below 10%; · debt per capita at or below 400; and, · tax levy impact for capital purposes of no more than 3% per year. Based on this premise, she advised that funding options have been narrowed to a combination of: 1% capital levy per year for 3 years effective for 10 years ($21 M); and, balance of funding requirements to be debentured over 15 years in equal increments over the 10 year Capital Forecast. Ms. Houston outlined basic principles of a capital strategy, including: deciding on an acceptable funding level for planning purposes; only cash hydro investment when conditions are right; look for other funding partners and opportunities to borrow at reduced rates; look for debenture types to match project cash flows; and build lower interest rates into the Capital Forecast, assuming 4.75% in 2004-05, 5% in 2006 and 6% in 2007. An illustration was then provided of the impact of various funding levels from $30 M to $180 M on the tax levy; per capita debt; and debt charges as a percentage of revenue. Several delegations spoke to the proposed capital expenditures, including: Mr. Orville Thacker, Waterloo Regional Council of Union Retirees; Mr. Glen Bender, member of the Community Capital Investment Ranking Team; and Mr. Andy Hook, a resident. A copy of Mr. Thacker's comments was circulated this date. The delegations spoke to the level of capital funding proposed raising concerns relative to the following issues: impact to senior citizens living on fixed incomes; impact of assessment increases on property taxes in addition to proposed debt load; need for commitment to cost sharing by other organizations and levels of government; risk of precedents toward public subsidization; need to develop a realistic approach to the City's debt load by reducing the volume of projects to those that are affordable; and need to continue to place high priority on maintaining infrastructure and necessary services, such as fire prevention. Council then posed a number of questions, responded to by staff, during which it was pointed out that: evaluation of brownfield sites is planned; discussions have been held with the Township of Woolwich to explore employment lands on the east side that would result in the same net amount as on the west side but at lesser cost; proposed alternatives for employment lands are considered to be a medium term solution covering a period of 5-15 years depending on economic factors; a work plan to involve all levels of government will be developed with respect to the University of Waterloo proposal and the project will not go forward without participation of senior levels of government. Councillor J. Gazzola raised concerns with respect to the public process and the piecemeal approach toward discussion of capital projects. He stated that he was not prepared to support any capital expenditures that would require going into debt without more detailed study, consultation and participation by other funding partners. Councillor G. Lorentz expressed support for moving ahead, commenting on the importance of making well-balanced and informed decisions for the future economic wellbeing of the community. He also agreed that it is vital to have cost sharing among all levels of government and suggested that more cost sharing should also take place between area COUNCIL MINUTES MARCH 8, 2004 - 99 - CITY OF KITCHENER municipalities and the Region. In response to Councillor B. Vrbanovic, Ms. Houston advised that the request to create a financial capacity of $110 M represents a worst case scenario and as the planning process unfolds this figure may drop. Councillor Vrbanovic and Mayor C. Zehr commented that the extent of public consultation on the budget has been greater than in any previous year and will continue through the next phase of the process. Councillor J. Smola also supported moving ahead, commenting that the proposal forms the basis of a strategic plan for future growth. Councillor B. Vrbanovic stated that it is important to be in a leading position by setting a strategic direction for future economic growth. Councillor C. Weylie expressed support for investing in the manufacturing sector, suggesting that it should be a higher priority than the Downtown and that payback periods / benefits should be weighed in prioritizing capital projects. Mayor C. Zehr commented that thinking in the long term is important to this decision-making process and the opportunity to make decisions without overly impacting the tax levy exists in the range of options provided. He pointed out that other forms of employment lands is needed as capacity to develop industrial lands is reaching a finite limit and the Downtown proposals present an opportunity to introduce a cluster equally as sustainable as the manufacturing sector. Mayor C. Zehr requested that Regional financial staff be approached to review the City's financing options and provide an opinion with respect to the total financial capacity proposed. In response to Councillor J. Smola, Mr. J. Fielding advised that the next steps involve a further public session on March 10, 2004 to present details of the two reports discussed this date and to consider the financial capacity relative to prioritization of capital projects. He pointed out that staff will then report to the March 22, 2004 budget meeting and final consideration will follow at the March 29 budget meeting. On motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, the recommendation contained in report SSD-04-008 was brought forward for consideration. Councillor Vrbanovic requested that wording of the motion be revised to provide that the funding request be approved in principle and be referred for public input to the March 10, 2004 public session, with a subsequent report to the March 22 budget meeting. At the request of Mayor C. Zehr, it was agreed to further revise the motion to provide that report FIN-04-013 (Various Capital Funding Options) also be referred to the March 10 public session. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the request of staff to create a total financial capacity of $110 M, as outlined in Strategic Services Department report SSD-04-008, be approved, in principle, to support investment in the Downtown and to provide opportunity for the growth of the City's manufacturing sector as follows: a) $48.3 M to support the development of the proposed university projects and Downtown projects as follows: · University of Waterloo, School of Pharmacy $ 30.0 M · Wilfrid Laurier University, School of Social Work $ 6.5 M · Centre Block Land Purchase $ 9.7 M · Downtown Community Centre $ 1.7 M · Gaukel Street / Victoria Park Entrance $ 0.4 M; b) $12.0 M toward a less costly development alternative of industrial lands along the Highway 7 corridor; c) $32.5 M be reserved for the potential development of a new main branch library on the clear understanding that this does not indicate a commitment to the project at this time; d) That the remaining uncommitted Downtown projects as follows, having a total financial impact of $17.2 M be reviewed and prioritized, with an extensive review of funding alternatives including potential partnerships: · Parking Solutions $ 5.5 M · Victoria Park Improvements $ 2.7 M · Streetscape Improvements $ 3.3 M · Residential Intensification Incentives $ 1.0 M · Small- Medium Sized Enterprises (SME) Development $ 1.0 M · Other $ 3.7 M; and, COUNCIL MINUTES MARCH 8, 2004 - 100 - CITY OF KITCHENER That the above, together with Financial Services Department report FIN-04-013 (Various Capital Funding Options), be referred to a public session to be held March 10, 2004, to provide for further public input and with a subsequent report to the March 22, 2004 budget meeting; and further, That Kitchener City Council advise Regional Council of the overwhelming public support for the timely development of the East Side Employment Lands as a solution to the urgent shortage of employment lands throughout the Region." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, B. Vrbanovic, M. Galloway and C. Weylie. Contra: Councillor J. Gazzola Motion Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, the report of the Community Services Committee (meeting of February 2, 2004) was brought forward for consideration. Mr. F. Pizzuto advised that staff are requesting that consideration of the report, dealing with a student run art gallery in Downtown Kitchener be deferred and referred to the March 22, 2004 Community Services Committee meeting to allow further staff investigation of alternative locations. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of February 2, 2004) be adopted, as amended." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of March 1, 2004) be adopted." Councillor J. Smola advised that he is opposed to Clause 1 of the report dealing with a grant request by the Cedar Hills Community Group for the 'Downtown East: Ya Gotta Luv It' project, as the Neighbourhood Mobilization Alliance Group (established by the Mount Hope / Breithaupt Park Neighbourhood Association), provides a similar service and does not receive grant funding; and the Kingsdale Neighbourhood Association, located within the project boundaries, is not endorsing the project. The Community Services Committee report (meeting of March 1, 2004) was then voted on clause by clause. Clause 1 - Carried. Balance of report - Carried. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, the report of the Finance and Corporate Services Committee (meeting of January 19, 2004) was brought forward for consideration. Mr. Shayne Turner, Director of By-law Enforcement, advised that a meeting had been COUNCIL MINUTES MARCH 8, 2004 - 101 - CITY OF KITCHENER held between area residents, Conestoga College and the College's snow plowing contractor. He noted that the College is now confident that an approach has been developed that will alleviate resident concerns and has asked that their request for a noise exemption be withdrawn. The report of the Finance and Corporate Service Committee (meeting of January 19, 2004) was not voted on as the only clause was withdrawn at the request of the applicant. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee (meeting of March 1,2004) be adopted." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Mayor C. Zehr commented on a Regional initiative relative to a proposed partnership with the University of Waterloo in a project to study and monitor noise-reducing asphalts for future use on Regional roads, including studying the performance of rubberized asphalt containing recycled rubber from old tires. Councillor G. Lorentz referred to a Regional resolution concerning a change in policy with respect to a cost-sharing arrangement with the Waterloo Regional Heritage Foundation. Mayor Zehr agreed to review this matter with Regional staff and provide clarification. Council agreed to the request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add two by-laws for three readings to the agenda this date. The first relates to Clause 2 of the Finance and Corporate Services Committee report concerning street vendors and the second is a zoning amending by-law relating to a zone change application approved by Council resolution of February 16, 2004. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (e) Being a by-law to exempt certain lots from Part Lot Control - Block 119, Registered Plan 58M-299 - Robert Ferrie Drive. (f) Being a by-law to exempt certain lots from Part Lot Control - Part Block 2, Registered Plan 1714 - Bankside Drive. (g) Being a by-law to exempt certain lots from Part Lot Control - Part Lots 25 to 38, 40 to 43, 45, 46, 74, 76, 77, 79 to 82, 84, 87, 90, 92, 93, 94, 96 to 103, 105, 107, 108, 110 to 115, 117, 118 and Block 125, Registered Plan 58M-299- Robert Ferrie Drive and Bridleridge Street. MARCH 8, 2004 COUNCIL MINUTES - 102 - CITY OF KITCHENER (h) Being a by-law to amend By-law No. 2004-4. (i) To confirm all actions and proceedings of the Council. (J) (k) Being a by-law to license Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2004. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener- University Avenue. 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. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "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 G. Lorentz Seconded by Councillor M. Galloway "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. 2004-42) (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. 2004-43) (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. 2004-44) (d) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2004-45) (e) Being a by-law to exempt certain lots from Part Lot Control - Block 119, Registered Plan 58M-299 - Robert Ferrie Drive. (By-law No. 2004-46) (f) Being a by-law to exempt certain lots from Part Lot Control - Part Block 2, Registered Plan 1714 - Bankside Drive. (By-law No. 2004-47) MARCH 8, 2004 COUNCIL MINUTES - 103 - CITY OF KITCHENER (g) (h) (i) d) (k) Being a by-law to exempt certain lots from Part Lot Control - Part Lots 25 to 38, 40 to 43, 45, 46, 74, 76, 77, 79 to 82, 84, 87, 90, 92, 93, 94, 96 to 103, 105, 107, 108, 110 to 115, 117, 118 and Block 125, Registered Plan 58M-299- Robert Ferrie Drive and Bridleridge Street. (By-law No. 2004-48) Being a by-law to amend By-law No. 2004-4. To confirm all actions and proceedings of the Council. (By-law No. 2004-49) (By-law No. 2004-50) Being a by-law to license Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2004. (By-law No. 2004-51) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener- University Avenue. (By-law No. 2004-52) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:30 p.m. MAYOR CLERK MARCH 8, 2004 COUNCIL MINUTES - 104 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE That the City of Kitchener waive it's normal procedure for the selection of consultants and retain Stantec Consulting Limited, as our Engineering Consultant to undertake a Schedule 'B' Class Environmental Assessment to determine the preferred method of providing a sanitary sewage servicing scheme for the Hidden Valley Subdivision. 2. That Staff be directed to consider incorporating into the 2004 Development Charge By-law an approach whereby new development situated within: the Downtown Area continue to be exempt from City of Kitchener Development Charges; and the Inner City Area (bounded by the Conestoga Expressway, the Kitchener-Waterloo boundary, and Westmount Road) be assessed development charges at a rate which reflects the lesser capital costs required to support new development in the existing urban area (in particular lesser costs for sanitary facilities, storm sewers, and watermains); and further, iii) all other areas of the City be assessed development charges at a rate reflecting the capital cost of new infrastructure required to support new development in outlying areas. COMMUNITY SERVICES COMMITTEE - (Meeting of February 2, 2004) That subject to the 2004 Budget process, the partnership proposal from the Fine Arts Department and Dean of Arts Office, University of Waterloo, regarding the establishment of a student-run gallery exhibiting student and community artwork at 158 King Street West as outlined in Community Services Department report CSD-04-015, be approved-in-principle; and, That $13,705. be allocated from the 2004 Capital Contingency for one-time renovations to 158 King St; and further, That the City enter into an operating agreement with the Fine Arts Department, University of Waterloo, subject to the satisfaction of the City Solicitor. (Deferred and referred to the March 22, 2004 Community Services Committee meeting to allow further staff investigation of alternative locations.) COMMUNITY SERVICES COMMITTEE - (Meeting of March 1, 2004) That a one-time grant in the amount of $30,000, to be funded from the Community Development Infrastructure Program, be approved for the 'Downtown East: Ya Gotta Luv It' project, under the stewardship of the Cedar Hills Community Group. That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Mike Martz regarding the provision of golf professional services and other related matters for both City of Kitchener golf courses, as outlined in Community Services Department report CSD-04-034. That the request of staff to allocate up to 25% of revenue generated from the Kitchener Memorial Auditorium Complex - Capital Reserve Fund (CRF) to the Auditorium Shows and Event operating account on an annual basis, as outlined in Community Services Department report CSD-04-039, be approved in principle, subject to clarification as to how the allocation is to be applied and be referred to the March 29, 2004 Budget deliberations for final consideration. That an additional $490,000. be allocated to the Kitchener Market capital budget for the provision of centralized refrigeration for the Market Shops and air conditioning for the Market. MARCH 8, 2004 COUNCIL MINUTES - 105 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of January 19, 2004) That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Conestoga College from January 26 to April 15, 2004, to permit the college to remove snow from their parking lots prior to 6 A.M. on an as required basis. (Recommendation was not voted on as it was withdrawn at request of the applicant) FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of March 1, 2004) That consideration of the request of Communitech Technology Association for funding of $35,000. from the City of Kitchener in 2004, be deferred and referred to the Special Finance and Corporate Services Committee meeting of March 8, 2004. That the 2004 Street Vendors By-law, substantially in the form of the draft by-law attached to Corporate Services Department report CRPS-04-029, be considered at the March 8, 2004 Council meeting. HERITAGE KITCHENER That Heritage Permit Application HPA 2004-V-003 (Lot 3, Registered Plan 58-230, Oregon Court) be approved to permit the construction of a single family dwelling and garage in accordance with the plans submitted with the application, and the materials displayed at the Heritage Kitchener meeting of March 2, 2004. MARCH 8, 2004 COUNCIL MINUTES - 106 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Jennifer Hahn, employed at #4-808 Courtland Ave. E., Kitchener, (Taj Mahal) be granted a 2004 Adult Entertainment Parlour Attendant Licence." ii) Permanent Vendor The following resolution arose from in-camera discussion this date. It was resolved: "That a 2004 Permanent Vendor Licence be granted to Qoraishi Mirwais, to operate a business known as Euro Convenience at 1500 Weber Street East, Kitchener." 2. Enqineerinq Aqreement - JHS Properties Inc. - Deer Ridqe Estates 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 Deer Ridge Estates Subdivision, Former G.R.C.A. Lands: North and South, D.P.'s 30T-97023 and 30T-01206." 3. Engineering Agreement - Freure Homes - Huron Woods, Stages 1-3 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 Huron Woods - Stages 1-3, D.P. 30T-98201 ." 4. Release of Riqhts - 884481 Ontario Limited - 851 Wilson Avenue It was resolved: "That the Mayor and Clerk be authorized to execute any document approved by the City Solicitor to release all rights of the City relating to Title Control, set out in section 5 in the Schedule of restrictive covenants to the Deeds registered as Instrument Numbers 273127 and 291734 respecting Lots 27, 28 and 29 on Registrar's Compiled Plan 1525; part of Lot 34 on Registrar's Compiled Plan 1525, being Parts 2, 3 and 4 on Plan 58R- 4729, and municipally known as 851 Wilson Avenue in Kitchener; and further, That the City Solicitor be authorized to electronically sign for completeness and release any document required to be registered on title electronically." COUNCIL MINUTES MARCH 8, 2004 - 107 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Kitchener-Waterloo Oktoberfest - Civic Celebration / Community Festival It was resolved: "That K-W Oktoberfest, to be held October 8-16, 2004, be proclaimed a period of Civic Celebration; and, That the City of Kitchener has no objection to a Special Occasion Permit being issued for the Oktoberfest Festhallen to be operated by Kitchener-Waterloo Oktoberfest Inc. during the period of Civic Celebration; and further, That this event be declared a Community Festival as it is a celebration of Kitchener's German heritage." 6. Various Tenders Dealt with under Delegations. 7. Development Charqes Aqreement - Lyndale Estates Limited - Grand River South Council considered Development and Technical Services Department report DTS-04- 027 (G. Stewart/L. Masseo), dated February 17, 2004. It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with Lyndale Estates Limited, to the satisfaction of the City Solicitor, for the purpose of: granting service in lieu credits for the development charges payable within the Lyndale South (30T-97014) and Lyndale North (30T-97015) Plans of Subdivision; ii) reimbursing Lyndale Estates Limited in the amount of $200,000 annually, commencing in 2005; and, iii) allocating the future development charges received from part of the abutting lands within the Grand River South Sanitary Pumping Station benefitting area (Fung - Plan of Subdivision 30T-00201), to reimburse Lyndale Estates Limited towards the costs related to the construction of the sanitary pumping station, forcemain and related appurtenances." 8. Kitchener-Waterloo Jiu-Jitsu Club - Request to Conduct Raffle Council considered Corporate Services Department report CRPS-04-031 (J. Koppeser), dated March 2, 2004. It was resolved: "That the request of Kitchener-Waterloo Jiu-Jitsu Club to conduct a Raffle Lottery in the City of Kitchener, at the Kitchener Memorial Auditorium, on June 12, 2004, be approved." 9. Final Release - On-Site Mobile Weldinq & Repairs Ltd. Council considered Corporate Services Department report CRPS-04-036 (L. MacDonald), dated March 3, 2004 with respect to repairs to the Kitchener Memorial Auditorium Complex roof. COUNCIL MINUTES MARCH 8, 2004 - 108 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 9. Final Release - On-Site Mobile Weldinq & Repairs Ltd. - (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute a Full and Final Release and any other required documentation pertaining to On-Site Mobile Welding & Repairs Ltd., subject to the satisfaction of the City Solicitor." 10. Eby Street Property Owner Agreements Council considered Community Services Department report CSD-04-046 (F. Pizzuto), dated March 3, 2004. 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 Eby Street in the Spring of 2004, as outlined in Community Services Department report CSD-04-046: · 12 Eby Street North/276 King Street East · 16 Eby Street North." 11. Land Acquisition / Disposition - Wilson Avenue / Manitou Drive / Baltzer Road / Goodrich Spur (CP Rail) The following resolution arose from in-camera discussion this date. It was resolved: "That the Mayor and Clerk be authorized to execute the Transfer(s) to Canadian Pacific Railway Company, satisfactory to the City Solicitor, conveying the lands being used by Canadian Pacific Railway Company, located on Wilson Avenue to Manitou Drive (Lot 15, Registrar's Compiled Plan 1525), Manitou Drive to Baltzer Road (Lot 21, Registrar's Compiled Plan 1490) and the Goodrich Spur to Wilson Avenue (Part of Lot 5, Registrar's Compiled Plan 1524), save and except that portion of the lands forming part of the Wabanaki Road allowance, subject to staff's review revealing no municipal concerns and for the purpose of completing, at no cost, the transactions contemplated by an agreement dated April 13, 1961 between Canadian Pacific Railway Company and the Corporation of the City of Kitchener, as authorized by By-law No. 4563, not otherwise completed, with the acknowledgement of Canadian Pacific Railway Company that this releases the City from all its obligations under said agreement; and further, That the Mayor and Clerk be authorized to execute any documentation, satisfactory to the City Solicitor, necessary and incidental to effect said transfers and the City Solicitor be authorized to electronically sign for completeness and release any documentation required to be registered electronically." 12. Memorandum of Understandinq - Emerqency Services The following resolution arose from in-camera discussion this date. It was resolved: "That the Mayor and Clerk be authorized to execute a Memorandum of Understanding, satisfactory to the City Solicitor, with the Province of Ontario and the Corporations of the Cities of Cambridge and Waterloo, if applicable, for the provision of Emergency Services." MARCH 8, 2004 COUNCIL MINUTES - 109 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 13. Confidentiality A.qreement - Colleqe Street (977328 Ontario Limited) The following resolution arose from in-camera discussion this date. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement, satisfactory to the City Solicitor, with 977328 Ontario Limited with respect to a property on College Street, Kitchener."