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HomeMy WebLinkAboutCouncil Minutes - 2004-10-25COUNCIL MINUTES OCTOBER 25, 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 the Inter-Mennonite Children's Choir. On motion by Councillor J. Gazzola, the minutes of the regular meeting held October 4, 2004 and special meetings held October 4 & 18, 2004, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Ms. J. Hutchison and Ms. S. DeSchiffart provided an overview of the Ontario Senior of the Year Award established in 1994 to provide each municipality with an opportunity to honour one outstanding local senior. Mayor C. Zehr then presented Mr. Paul Eichler with the Ontario Senior of the Year Award for his many contributions to seniors programs in the Kitchener community. Messrs. Brian Page, Ryan Mounsey and Ms. Jill Yuzwa attended to provide details of the 2004 Urban Design Awards and to announce the winning entries. Mayor C. Zehr and Councillor C. Weylie presented the 2004 Urban Design Awards, as follows: 2004 Urban Desiqn Awards Finalist Certificate · Zehrs - Stanley Park Plaza, 1005 Ottawa Street North · Mansion Street Townhouses, 28 Mansion Street · Lion Heart Homes, 100 Idle Creek Drive · John Sweeney Catholic School, 185 Activa Avenue Awards of Merit · Dare Office Addition, 2481 Kingsway Drive · St. Mary's High School, 1500 Block Line Road · Village at Fairway, 400 Wilson Avenue · Sowa Tool and Machine Company Limited, 500 Manitou Drive Awards of Excellence · The Tim Horton's Store, 197 Frederick Street · Emmanuel Village Residence, 1250 Weber Street East · Eastforest Homes Head Office, 139 Washburn Drive · The Westmount Long Term Care Facility, 200 David Bergey Drive Ms. J. Hutchison provided an overview of the 2004 Kitchener Communities in Bloom competition, designed to inspire businesses and residents to maintain and beautify their properties. Ms. Hutchison introduced Mr. Paul Britton, MHBC Planning Limited, who announced the winners of the Business Awards Category. Mayor C. Zehr and Councillors G. Lorentz and M. Galloway presented the 2004 Business Awards to the winning property owner, designer and maintenance firm as follows: Business Awards Proqram Large Scale Commercial · Dare Foods Limited, 2481 Kingsway Drive - Brian Dare, owner, and Shawn & Gary Hebel (York Nurseries), designer and maintenance firm. Small Scale Commercial Montana's Cookhouse & Saloon, 740 Ottawa Street South - Tim Barkley, owner, and Brian Roth (Roth & Associates), designer and Robbie Schwarz (Freiburger Landscaping Inc.), maintenance firm. COUNCIL MINUTES OCTOBER 25, 2004 - 368 - CITY OF KITCHENER Industrial · Weatherwise Aviation Inc., 5 Washburn Drive - Pete Waters, owner, and David Van Dam (MacKinnon & Associates), designer, and Mark Henderson (Gateman & Milloy), maintenance firm. Multi-Residential · Queens Heights Condominium, 2 Lancaster Street East - Marie Galloway, owner, and Chris Moser (Moser Outdoor Maintenance), maintenance firm. Ms. Brenda Gabet, Canada Post, presented a brief overview of the Residential Awards Program and spoke of the involvement of Canada Post letter carriers in seeking nominations for the awards. Each of the six Ward Councillors then presented awards to residential winners as follows: Residential Awards Proqram · Toni & Dick Moutray - 454 Manchester Road · Deborah Ann Stahle - 38 Keewatin Avenue · Loukia Georgiou - 297 Kingswood Drive · Mary Enter - 55 Briargate Drive · Glenn & Susan McPherson - 511 Westheights Drive · Irma Astl - 20 Lennox Crescent Ms. Gabet then called on Mayor C. Zehr and Councillor G. Lorentz to present the award for City Champion. City Champion - Residential · Glenn & Susan McPherson - 511 Westheights Drive The Letter Carrier Award was presented to Sandi Frey, representing all Canada Post letter carriers who contributed to the residential awards selection process. Mr. Gerry Halley, representative of the Homeless Advisory Group of the Kitchener Downtown Community Health Centre, attended to extend an invitation to City Council to participate in the 'Sleepless Nights' gathering at City Hall to raise awareness of homelessness issues and to show solidarity with the homeless. The event will take place in Civic Square from 6:00 p.m. on Wednesday, October 27, 2004 until 7:00 a.m. on Thursday, October 28. Mr. Halley also raised concerns regarding health issues related to the homeless and asked that consideration be given to implementing 24-hour per day access to public washrooms. Mayor C. Zehr advised that the City is attempting to have an impact on social issues through Community Services programming and advised that Mr. Halley's request regarding public washrooms would be taken into consideration. Ms. Nancy Crossley, Chairperson, A Christmas Fantasy in Victoria Park, provided a review of the 2003 event and future plans for the program over the next five year period. Ms. Crossley presented a cheque to Mayor C. Zehr in the amount of $2,500., representing a partial loan repayment of monies borrowed from the City. She advised that the group has been successful in its fundraising efforts and continues to work toward a self-sustaining program. She noted that the opening ceremonies for this year's display will take place at the Clock Tower in Victoria Park on November 27, 2004, at 6:00 p.m., and invited all those in attendance to join in the celebration. Council was in receipt of the following reports and documentation with regard to the proposed location of a new Kitchener Public Library Main Branch in the Centre Block: · Strategic Services Department report SSD-04-041 (R. Browning), dated October 15, 2004, entitled 'Centre Block and Kitchener Public Library (KPL) Business Case. The report outlines actions taken, and recommendations resulting therefrom, in response to direction given by Council to undertaken public consultation; develop a process to engage the private sector; and, to have a joint discussion with respective Waterloo counterparts regarding potential for a shared library facility. · 'Public-Private Partnership Procurement Policy Guidelines' (attached to report SSD-04-041). COUNCIL MINUTES OCTOBER 25, 2004 - 369 - CITY OF KITCHENER · KPL report (Sonia Lewis - CEO) dated October 22, 2004, which contains additional information concerning the KPL Business Case requested on September 20, 2004 as well as an update on discussions with Waterloo regarding a possible joint venture. · 'KPL - Public Consultation on the Central Library Project Proposal', dated October 25, 2004, which outlines results of the consultation process. Mr. Robert Browning, Interim General Manager of Strategic Services & Economic Development, advised that all directives given by Council have been accomplished with various outcomes, which would be summarized in presentations made this date. Mr. Craig Robson, Centre Block Steering Committee, advised that the Steering Committee remains committed to development of a new central library on the Centre Block site. He pointed out that it is important the site be the best site for the Library's purposes which has been capably shown by a previous presentation of Sonia Lewis on behalf of the Library. He added that the second important factor to consider in locating the Library on the Centre Block site is the Library's strong catalyst ability to attract a private sector partner to complete the development of the Centre Block with a significant residential component and City parking in addition to the Library building. Mr. Robson further advised that losing the catalyst of the Library at Centre Block would have a significant impact and must not be overlooked when discussing a possible joint library involving the City of Waterloo. Mr. Robson also advised that the Committee was directed by Council to propose a process that would encourage the development industry to bring forward proposals to develop the Centre Block site. He further advised that a process developed by the City of Ottawa has been discussed amongst the members of the Committee and City staff resulting in the proposed procurement policy. Mr. Robson explained the process is a generic one that could be used on other projects and that site specific criteria relevant to a particular project would be added as schedules to the document. He reviewed the proposed process noting that it allows interested parties to submit an Expression of Interest without having to make a full scale and expensive Request for Proposal at the outset. Mr. Robson concluded his presentation advising that the Steering Committee is requesting Council to: commit to locating the new Kitchener Library Main Branch at Centre Block provided it can be built within budget regardless of the outcome of the discussions with Waterloo; commit $32.5 M to this end and commit the land sale proceeds to the project without any predetermined price for the lands; commit to a timeframe within which the project will proceed within budget and specifications. With respect to the generic process proposed, the Committee requested Council to: endorse the generic process as outlined in the Public Private Partnership Procurement Policy Guidelines; defer acquisition of new collections until the City has a better sense of the other more fundamental costs of building the Library; ensure that GST is not added to the cost of construction of the project; that the demolition costs of the Forsyth building not be added to the project costs; and, endorsement that this should be a municipally-owned Library to ensure that the lower costs over the long term accrue to the City. Ms. Sonia Lewis, CEO of KPL, advised that in response to Council's direction of October 25, 2004 an open, public meeting was held with former Winnipeg mayor, Glenn Murray, as the keynote speaker. The results of the consultation meeting attended by approximately 100 people, together with a collection of written comments, indicates strong support for a new central library in the downtown location, with 63% of participants in favour and 37% opposed. Ms. Lewis also commented on a meeting held October 8, 2004 with the Chairs and CEOs of the Waterloo and Kitchener Public Libraries, to begin discussions regarding potential for a joint central library and to share background information regarding expansion plans. She advised that as a result of the meeting it was confirmed there is an interest and willingness to discuss the option of a shared facility as follows, contingent on the conditions proposed by Waterloo counterparts: alternative sites be considered in both cities, including the Centre Block; and the deadline be extended to late March 2005 to allow adequate time for joint discussions and completion of the Waterloo Public Library's (WPL) report to Waterloo Council on their expansion plans. Ms. Lewis stressed that it is not intended to delay the procurement process but rather continue discussions with Waterloo in parallel to that process. Mr. R. Browning commented that there are two options under consideration for the future of KPL both to be explored simultaneously, being: development of a new central library in the downtown, based on achieving identified goals of the KPL Board (i.e. proximity to transit, shopping and potential partners) and the City's goal of downtown renewal through economic investments; and, COUNCIL MINUTES OCTOBER 25, 2004 - 370 - CITY OF KITCHENER · a shared library with the City of Waterloo based on achieving potential cost and service efficiencies /improvements. Mr. R. Browning reviewed the staff recommendation which would commit $32.5 M to development of a new central library; allow continuation of discussions with Waterloo regarding a joint facility; endorse the procurement process; and allow development of terms of reference relative to the procurement process. He noted that an interim report will be presented in January 2005 with a final report to follow in March. He added that Council, in considering the staff recommendation, should have regard to the conditions put forward by the WPL relative to continuing discussion of a shared facility and the impact that selection of an alternate site might have on eligibility to utilize the $32.5 M from the City's Investment Fund. Ms. Francis Brecko attended in opposition to construction of a new central library, stating that the existing library is not over-crowded and residents cannot afford tax increases to pay for a new library. Council then entered into a lengthy discussion which included the following points: · costs to demolish the Forsyth building have not been included in the City's budget; · terms of reference under the procurement process would be developed, while discussions are ongoing with Waterloo, and would include building specifications common to the needs of both the WPL and KPL, if appropriate; · without a commitment to a specific site (i.e. the Centre Block) enthusiasm for the project may wane; · there is a genuine interest in investigating a joint facility, but there must be regard to the timing needs of the WPL in completing the strategic planning process relative to their expansion plans and timelines are already compressed; · most important issue for KPL is to meet the needs of the community; improvements to the existing facility are past the point of need due to an aging infrastructure and over-crowding of space, as demonstrated by the KPL Business Case; · private sector involvement is not considered dependent on incentives; if presented properly the Centre Block itself in combination with an appropriate catalyst is considered incentive enough; · the longer construction is delayed the less value the $32.5 M will hold given rising construction and material costs; fundraising will be necessary to meet any cost deficiencies; · timeline for developing the 'Go / Get Principle' is anticipated to take six months; · weighting of priorities will be required with respect to possibly incorporating elements of the Forsyth building into a new library facility; · the Kitchener Downtown Business Association's (KDBA) commitment to continue fundraising to reach a goal of $100,000. will stand while discussions are ongoing with Waterloo; however, the KDBA supports the Centre Block site and should an alternate site be chosen would reconsider its fundraising commitment; · the interim report to be presented in January 2005 would coincide with completion of WPL's strategic planning process and it is expected that some direction will be evident at that time respecting their expansion plans. Councillor B. Vrbanovic proposed modifications to the recommendations contained in staff report SSD-04-041, incorporating new wording in the first and last paragraphs, and adding an additional paragraph. The modifications relate to the budget source of the funding commitment and the funding being subject to the downtown location; continued work in development of a fundraising plan in conjunction with a procurement process; and the WPL Board being advised that, while alternate sites will be considered, Kitchener Council will favourably view sites which meet multiple community objectives. Councillor M. Galloway raised a point of order noting that Council should be given a written copy of the proposed motion so that it is clear to all members of Council what they are being asked to vote on. It was agreed and copies of the amended motion were distributed to members of Council. Members of Council posed additional questions during which they were advised that the modified wording of the motion may have an impact on discussions with Waterloo; and while $10 - $12 M has been earmarked by Waterloo for library development, these funds will not be available until 2009 - 2010. Councillor B. Vrbanovic put forward a motion, seconded by Councillor J. Gazzola, which comprised the amended version of the staff recommendation in report SSD-04-041. COUNCIL MINUTES OCTOBER 25, 2004 - 371 - CITY OF KITCHENER At the request of Councillor J. Gazzola, it was agreed that each clause of Councillor Vrbanovic's motion be voted on separately and by recorded vote. Councillor J. Gazzola stated that while he is not opposed to a new library facility, he could not support the funding commitment if the facility is to be subject to the downtown location. He encouraged exploration of discussions with Waterloo relative to a joint facility. Councillor J. Smola spoke in support of the Centre Block Steering Committee's position to proceed with the procurement process on the basis of the downtown location. He suggested that dependent on the outcome of Waterloo's strategic planning process, they could be invited to be a part of the Centre Block Library. Councillor M. Galloway expressed the opinion that development of a service delivery model should be the primary focus at this time and in addition, he suggested that a joint session of both Councils and respective staff be held to determine political willingness to consider a joint venture. Councillor C. Weylie commented that of the two municipal downtowns, Kitchener's downtown is more centrally located. She expressed support for locating the new facility in the Centre Block, while working with Waterloo on issues relative to service delivery. Councillor G. Lorentz raised concerns with imposing stringent criteria in the wording of the motion as it may jeopardize discussions with Waterloo and expressed his support for a comprehensive library service. Councillor B. Vrbanovic reminded Council that Waterloo also imposed certain criteria and pointed out that the revised wording does not stipulate that the facility will be located in the Centre Block but rather that Kitchener Council will look more favourably on sites that meet overall community objectives. Mayor C. Zehr commented that need for a new library facility has been demonstrated and was in agreement that the procurement process should proceed along side discussions with Waterloo regarding the potential for a joint facility. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That $32.5 M be committed from the City's Strategic Investment Fund to the development of a new central library, subject to it being located in the downtown." In Favour: Mayor C. Zehr and Councillor B. Vrbanovic. Contra: Councillors J. Smola, G. Lorentz, J. Gazzola, M. Galloway and C. Weylie. Motion Lost Councillor M. Galloway put forward a motion to direct the Councils of the Cities of Waterloo and Kitchener and respective CAOs, Library CEOs and Chairs of the Library Boards to meet jointly to discuss moving forward on a joint service delivery model and new main branch library. Councillor B. Vrbanovic raised a point of order on the basis that Councillor Galloway's motion is contrary to the motion already on the floor. Mayor C. Zehr agreed and ruled Councillor Galloway's motion out of order and it was not considered. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That up to $32.5 M be committed to the development of a new central library." Councillor M. Galloway spoke in opposition to the motion, reiterating the need for development of a service development model prior to committing funding to the project. Councillor B. Vrbanovic spoke in favour of the motion, suggesting that service delivery would naturally form part of any discussions regarding a shared facility. The motion of Councillor G. Lorentz was then voted on by a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, G. Lorentz, J. Gazzola and C. Weylie. Contra: Councillor M. Galloway. Motion Carried. COUNCIL MINUTES OCTOBER 25, 2004 - 372 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That discussions continue between the Waterloo Public Library and the Kitchener Public Library Boards and staff, and an interim report be brought back in early January 2005 and a final report by March 2005." In Favour: Mayor C. Zehr and Councillors G. Lorentz, B. Vrbanovic, J. Gazzola and M. Galloway. Contra: Councillors J. Smola and C. Weylie. Motion Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That the Kitchener Public Library Board be asked to advise the Waterloo Public Library Board that although the City of Kitchener is prepared to consider other locations, Kitchener Council will favourably view sites which help the City of Kitchener meet multiple community objectives." In Favour: Mayor C. Zehr and Councillors B. Vrbanovic and C. Weylie. Contra: Councillors J. Smola, G. Lorentz, J. Gazzola and M. Galloway. Motion Lost. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That the procurement process as presented by the Centre Block Steering Committee and attached to Strategic Services Department report SSD-04-041, be endorsed." Carried, Unanimously. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That the Centre Block Steering Committee along with City and Library staff, be requested to continue their work in the development of a fundraising plan and in the procurement process to attract a private sector partner by developing terms of reference for a new central library." In Favour: Mayor C. Zehr and Councillors G. Lorentz, B. Vrbanovic, J. Gazzola and M. Galloway. Contra: Councillors J. Smola and C. Weylie. Motion Carried. In summary, the following are the resolutions adopted by Council this date concerning the proposed new library and the Centre Block development process: "That up to $32.5 M be committed to the development of a new central library; and, That discussions continue between the Waterloo Public Library and the Kitchener Public Library Boards and staff, and an interim report be brought back in early January 2005 and a final report by March 2005; and, That the procurement process, as presented by the Centre Block Steering Committee and as attached to Strategic Services Department report SSD-04-041, be endorsed; and, further, COUNCIL MINUTES OCTOBER 25, 2004 - 373 - CITY OF KITCHENER That the Centre Block Steering Committee along with City and Library staff, be requested to continue their work in the development of a fundraising plan and in the procurement process to attract a private sector partner by developing terms of reference for a new central library." Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Kitchener Council invite its counterparts from the City of Waterloo, and respective Library Boards, to a joint public meeting on the proposed central library at a date and time to be determined, with this meeting to be co-ordinated by respective City staff." Carried, Unanimously. On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, the report of the Development and Technical Services Committee (meeting of June 21, 2004) was considered. Councillor Weylie advised that staff have requested the report be further deferred until such time as the Development and Technical Services Committee deals with the subdivision application of JHS Properties Inc. Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting respecting the report of the Development and Technical Services Committee (meeting of June 21,2004), as he has purchased a property in the vicinity of the JHS subdivision. Councillor J. Gazzola assumed the Chair for the purpose of conducting this portion of the Council meeting. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That consideration of the Development and Technical Services Committee report (meeting of June 21, 2004) be further deferred until such time as the Development and Technical Services Committee deals with the subdivision application from J.H.S. Properties Inc." Carried. Mayor C. Zehr then assumed the Chair. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee (meeting of October 18, 2004) be adopted." Councillor B. Vrbanovic referred to a recommendation from the Environmental Committee which was considered at the October 18, 2004 Development and Technical Services Committee meeting, dealing with a request for the installation of 'Stop Idling' advisory signs at City facilities and school zones; continued support of an idling education campaign in partnership with the Citizens Advisory Committee on Air Quality; and, direction not to establish a 'No Idling' by-law at this time. Councillor Vrbanovic pointed out that a motion to accept the recommendation was lost on a tie vote as not all members of the Development and Technical Services (DTS) Committee were present. In this regard, he advised that he would take the matter back to the Environmental Committee for further consideration of the issues raised by the DTS Committee. The report of the Development and Technical Services Committee (meeting of October 18, 2004) was then voted on and Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, it was agreed to defer Clause 1 of the report, dealing with an amendment to By-law 76-21 (Downtown Snow Shoveling), to a future meeting of the Community Services Committee to allow an opportunity to resolve a legislative issue. COUNCIL MINUTES OCTOBER 25, 2004 - 374 - CITY OF KITCHENER Council was in receipt this date of a memorandum (M. Hildebrand), dated October 20, 2004, regarding Clause 6 of the report, in which additional information is provided relative to wording of the proposed signage to be used to alert patrons of City facilities to the prohibition on use of cell phones, cameras, personal digital assistants (PDAs) and other electronic equipment with photographic capabilities in change rooms and public washrooms. The report of the Community Services Committee was then voted on clause by clause. Clause 1 - Deferred and referred to a future meeting of the Community Services Committee for further consideration. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Councillor B. Vrbanovic referred to two matters of unfinished business arising from the October 4, 2004 Council meeting. The first relates to correspondence from the City of Woodstock, dated September 22, 2004, advising of a resolution passed by Woodstock Council requesting the Province and the Minister of Municipal Affairs & Housing to take immediate action to amend Section 319 of the Ontario Municipal Act dealing with tax deferrals for relief from financial hardship; and to introduce amendments to allow each municipality the opportunity to provide a Municipal Property Tax Deferral Program targeted toward Iow income seniors and disabled persons. Councillor Vrbanovic requested that this matter be referred to Ms. P. Houston, General Manager of Financial Services & City Treasurer, for consideration and report to the November 22, 2004 Finance and Corporate Services Committee meeting. At the request of Councillor J. Gazzola, it was agreed that in the interim, the Woodstock correspondence would be circulated to seniors' groups to obtain their input. Councillor Vrbanovic then referred to the second matter of unfinished business relative to correspondence received from Councillor Howard Moscoe of the City of Toronto, dated September 28, 2004, regarding a resolution requesting the Province to align municipal terms of office and municipal elections with those at the provincial level. He noted that in addition to the City of Toronto, the City of Cambridge has passed a similar resolution. Mayor C. Zehr suggested that this matter be referred to the next Finance and Corporate Services Committee meeting for full consideration and debate of the issue. At the request of Councillor G. Lorentz, Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, agreed to provide a report in response to the City of Toronto's resolution. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That any action on correspondence received from the City of Toronto, dated September 28, 2004, regarding a resolution requesting the Province to align municipal terms of office and municipal elections with those at the provincial level be deferred and the matter referred to the November 1, 2004 Finance and Corporate Services Committee meeting." Carried. Councillor M. Galloway advised that he had been contacted by a constituent whose personal information for tax billing purposes had been changed over the telephone without the constituent's knowledge or authorization. Councillor Galloway requested that Finance staff review and report back as to the respective procedures for handling this type of request. COUNCIL MINUTES OCTOBER 25, 2004 - 375 - CITY OF KITCHENER Councillor G. Lorentz referred to a recent announcement by the Provincial government dedicating 1.0 cents per litre of the Provincial gas tax for public transit. He questioned if the City would benefit from the funding received by the Region of Waterloo to maintain roads used by public transit. Mayor C. Zehr advised that the funding has been specifically earmarked for public transit; however, agreed that roads are an integral part of transit systems and he anticipated some discussion would take place at the Regional level. He noted that negotiations are ongoing with the Federal government to provide similar funding, with the challenge being development of an appropriate funding formula for distribution across the country. Councillor Lorentz then referred to the Regional Recycling Program, questioning its effectiveness and asked that a breakdown of service, including markets and market potential, be provided. Mayor C. Zehr stated that the Region is at a level of 43% aversion and as markets become available aversion percentages will increase. He noted that the overall target for the Region is 60% aversion, adding that the last 20% will be the most difficult to attain as the materials involved are the most expensive to handle. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for the widening of part of King Street East as a public highway in the City of Kitchener. (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d) 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. (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (f) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (g) To confirm all actions and proceedings of the Council. 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 M. Galloway "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 J. Smola Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: OCTOBER 25, 2004 (b) (c) (d) (e) (f) (g) COUNCIL MINUTES - 376 - CITY OF KITCHENER Being a by-law to provide for the widening of part of King Street East as a public highway in the City of Kitchener. (By-law No. 2004-194) 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. 2004-195) 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. 2004-196) 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. 2004-197) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2004-198) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2004-199) To confirm all actions and proceedings of the Council. (By-law No. 2004-200) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:15 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 25, 2004 - 377 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 21, 2004) - That Zone Change Application ZC 04/08/D/TMW, requesting a zone change on the subject lands, legally described as Part Block 11, 58M-270, for the City of Kitchener, from Hazard Land Zone P-3 with Special Regulation 260R to Residential Three Zone (R-3) with Special Regulation 417R, in the form shown in the "Proposed By-law", dated April 23, 2004 attached to Development and Technical Services Department report DTS-04-087 be deferred until such time as the Development and Technical Services Committee deals with the subdivision application from J.H.S. Properties Inc. (As Amended) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of October 18, 2004) - That parking be prohibited at anytime on the north/east side of Hickory Heights Crescent from a point 30m north of Elm Ridge Drive to a point approximately 55m north/east thereof; and further, That the Uniform Traffic By-law be amended accordingly. That demolition control application DC 04/07/G/SR requesting permission to demolish one single detached dwelling located at 1516 Glasgow Street, legally described as Tract German Company Part Lot 39, Parts 1, 2, 4, 5 & 6 Ex Plan; 455 Tog with ROW, Parts 1 3, be approved. That the engineering consulting services for the pre-engineering, design, geotechnical investigation, contract administration and inspection, for the third and final phase of Victoria Street Reconstruction, Waterloo Street to Margaret Avenue, be extended to McCormick Rankin Corporation, at their estimated fee of $388,955.44 That subject to consideration during the 2005 budget deliberations, $20,000 be allocated to the Residential Energy Efficiency Project (REEP), Waterloo Region, as part of the Environmental Committee's 2005 operating budget. That Community Environmental Improvement Grants, to be funded from the Environmental Stewardship Capital Account, be awarded in 2004 as follows: $2,000 to the Grand River Envirothon Group; $200 to the McKenzie King School; and the remaining $7,800 to be equally divided between St. John's School; Crestview Public School; Laurentian Senior Public School; Waterloo Region District School Board and Evergreen Associate (School Ground Greening Support); Blessed Sacrament School (Playground Renewal Committee); Grand River Collegiate Institute; and Glencairn Public School. COMMUNITY SERVICES COMMITTEE - That By-law No.76-21 (Downtown Snow Shoveling) be amended by adding the following portion of street: the west side of Water Street at 52 Water Street North. (Deferred and referred to a future meeting of the Community Services Committee for further consideration) That the City of Kitchener endorse a project completion request to extend SuperBuild millennium project completion from March 31,2006 to December 31,2006; and further, That this request be forwarded to the Regional Municipality of Waterloo for submission to the Province of Ontario. That a general provision grant in the amount of $1,982 be approved to provide the House of Friendship with funding to staff a part-time community centre assistant position at the Kingsdale Community Centre until December 31,2004. COUNCIL MINUTES OCTOBER 25, 2004 - 378 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 4. That Christkindl 2004 be endorsed as an official City of Kitchener event; and, That the decisions made by the Christkindl Committee be ratified as relating to the 2004 event and as overseen by City staff; and further, That staff be directed to explore options for the development of a new working model for the Christkindl festival. That the Historical Room at Rockway Golf Course be officially and permanently named the 'Moe Norman Historical Room'. That the use of all cell phones, cameras, personal digital assistants (PDA's), and electronic equipment with photographic abilities be prohibited in City facility change rooms and public washrooms; and, That necessary changes be made to Council Policy 1-345 (Unacceptable Conduct in Community Services Facilities) and Human Resources Policy 11-290 (Telephones) to enforce this directive, as outlined in Community Services Department report CSD-04-168; and further, That at the October 25, 2004 Council meeting, staff provide options for wording of signage to be placed in City facilities with respect to this prohibition, including direction to users of such facilities to take self-protective precautions and/or report abuses of the policy. That Community Services staff be directed to continue to accept new applications for the Leisure Access Card (LAC) service during the remainder of 2004; and, That a budget over-expenditure in 2004 be permitted to off-set costs associated with continuance of the LAC program; and further, That as part of a report to be considered by the Community Services Committee in December 2004 concerning 2005 funding of the LAC program, staff prepare a draft resolution to strongly convey to senior levels of government the socio-economic value to be accrued by their support of LAC programs and encourage provision of Federal and Provincial sources of funding. FINANCE AND CORPORATE SERVICES COMMITTEE - That the 2005 Schedule of Council and Standing Committee meetings be established based on Option No. 1 attached to Corporate Services Department report CRPS-04-180. That the amendments to Council Policy 11-250, Retirement, as outlined in Strategic Services Department report SSD-04-038, be approved. 3. That the amendments to Council Policy 11-110, Electronic Mail, as outlined in Strategic Services Department report SSD-04-039, be approved. That the City of Kitchener support the partnership between the Region of Waterloo, the Cities of Kitchener, Cambridge and Waterloo, and the Waterloo Regional Homebuilders Association, known as the Municipal and Homebuilders Re-Urbanization Working Group, and $10,000 be allocated from the 2004 Capital Contingency Account as the City of Kitchener contribution toward the cost of the Re-urbanization Market Analysis. That the supply and transportation components of the Natural Gas Rates for system gas customers of the City of Kitchener remain at current levels until March 31,2005. That the City of Kitchener hereby recognizes Kitchener Utilities use of the practices set out in Financial Services Department report FIN-04-043 and the Ernest & Young Report titled 'City of Kitchener - Gasworks Financial Reporting' and adopts such practices as the approved policies of the City's gas enterprise. COUNCIL MINUTES OCTOBER 25, 2004 - 379 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That the Downtown Strategic Plan - Volume III (The Implementation Plan) be approved, and staff be directed to implement the actions in the Plan starting in 2005 to the end of 2007. HERITAGE KITCHENER- That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2004-V-009 (55 Schneider avenue) be approved to permit construction of a detached, one bay garage in the rear yard, as shown on the plans submitted with the application. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2004-V-007 (52 Lorne Crescent) be approved to permit the construction of a detached, two bay garage in the rear yard, as shown on the plans submitted with this application. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2004-V-008 (169 Joseph Street) be approved to permit construction of a new verandah with balcony, as shown on the plans submitted with the application. That when discussing the 2005 Budget, Council give consideration to increasing the funding for the Designated Heritage Property Grant Program from $15,000 to $20,000 per year. COUNCIL MINUTES OCTOBER 25, 2004 - 380 - 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. Do.q Desi.qnation Appeal Decisions It was resolved: "That the October 4, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Katherine MacKenzie, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." - and - "That the October 4, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Gregory Hillis, wherein the Committee rescinds the Prohibited Dog designation, be ratified and confirmed." 2. Ta.q Day Request - Royal Canadian Sea Cadets #94 WARSPITE Council considered a memorandum from G. Sosnoski, General Manager of Corporate Services & City Clerk, dated October 22, 2004, regarding a request from S. Bushfield to conduct Tag Days. 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 December 3 and all day December 4, 2004 at various malls, grocery stores, liquor store entrances as outlined in correspondence from S. Bushfield, dated September 30, 2004 and amended on October 6, 2004." 3. Social Gaminq Event - Kitchener-Waterloo Skatinq Club Council considered Corporate Services Department report CRPS-04-187 (R. Gosse), dated October 14, 2004, advising of no objection to the issuance of a Provincial Lottery Licence regarding an event to be held November 13, 2004. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener-Waterloo Skating Club to conduct a social gaming event at the Alpine Club, 464 Maple St., Kitchener on November 13, 2004." 4. Uncollectible Utility Accounts Write-Off Council considered Financial Services Department report FIN-04-048 (P. Houston), dated October 20, 2004, regarding uncollectible utility accounts. It was resolved: "That Uncollectible Utility Accounts, amounting to $185,587.21, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." COUNCIL MINUTES OCTOBER 25, 2004 - 381 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Uncollectible Receivables Write-Off Council considered Financial Services Department report FIN-04-049 (P. Houston), dated October 20, 2004, regarding uncollectible receivables. It was resolved: "That Uncollectible Receivables, amounting to $163,533.43, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 6. Social Gaminq Event - St. Mary's General Hospital Volunteer Association Council was in receipt this date of Corporate Services Department report CRPS-04-190 (J. Koppeser), dated October 22, 2004, concerning a request from St. Mary's Hospital Volunteer Association for permission to hold a social gaming event. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the St. Mary's General Hospital Volunteer Association to conduct a social gaming event at Kitchener City Hall, 200 King Street West, Kitchener on November 18, 2004." 7. Sale of Tickets - Children's Health Foundation Council was in receipt this date of Corporate Services Department report CRPS-04-191 (J. Koppeser), dated October 22, 2004, concerning a request from the Children's Health Foundation for permission to sell tickets for a draw. It was resolved: "That the City of Kitchener has no objection to the Children's Health Foundation, 345 Westminster Ave., London, Ontario, N6C 4V3, being granted permission to sell tickets in the City of Kitchener for a draw to be held on January 21, 2005; the draw will be conducted live on New Day on the New PL, Covent Garden Market, 130 King Street, London, Ontario."