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HomeMy WebLinkAboutCouncil - 2006-02-13COUNCIL MINUTES FEBRUARY 13, 2006 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 Howard Robertson Junior School Choir. On motion by Councillor J. Gazzola, the minutes of the regular meeting held January 30, 2006 and special meeting held January 30, 2006, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, Mayor C. Zehr disclosed a pecuniary interest relative to Item 1 (Demolition Control Application DC 05/14/P/AP - 527 Pioneer Tower Road) of the Development & Technical Services Committee report arising from the January 30, 2006 Council meeting. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr introduced Ms. Laura Manning, Senior Development Officer, School of Pharmacy, and Messrs. Gerald Thompson, Vice-President, Strategic Initiatives, University of Waterloo, and Lou Khoubesserian, Project Director, School of Pharmacy, to provide an update on recent announcements with regard to the University of Waterloo Health Sciences Campus to be located in Downtown Kitchener (former Epton site). Ms. Manning advised that the School will provide full service medical care, serve as a learning venue for pharmacy students, medical residents and other health professionals; creating a unique facility for patient-focused primary care research. Mr. Khoubesserian outlined the proposed construction timetable which is to commence mid-March 2006 and partial occupancy is expected by 2007. Mr. Thompson commented on the recent Provincial announcement to locate a satellite of McMaster University's Michael G. DeGroote School of Medicine on the University of Waterloo's Downtown Kitchener Health Sciences Campus. The announcement represents significant development for the community in its ability to attract /retain physicians and enhance clinical care services. The School will be part of a joint venture with the School of Pharmacy, providing a variety of inter-related disciplinary medical training, care services, research and educational outreach programs. Mr. Thompson attributed the City's $30M contribution and gift of land at Victoria and King Streets as the catalyst in development of the Health Sciences Campus and extended the University's appreciation. Mr. Thompson responded to a number of questions, advising that cost estimates for the School of Medicine are anticipated to be completed within the next 3-4 weeks and all construction work is being tendered. Mr. Thompson added that McMaster University has agreed to give preference to qualified medical school applicants located within the Local Health Integration Network (ie. Waterloo Region). Clarification was provided regarding the gift of land in which the City is facilitating transfer of the land from the current owner, LP Holdings Inc., to the University of Waterloo. Councillor J. Gazzola requested that staff provide the costs associated with the City's gift of land. Notification was given in accordance with the Municipal Act, 2001, that Council would consider a proposal to close Delta Street, from Sydney Street to Floral Crescent, listed as Item 6 a) under Unfinished Business on the Council agenda of this date. Council considered Corporate Services Department report CRPS-06-022 (L. Proulx), dated February 2, 2006, and Draft Notice of Completion -Environmental Assessment report (MTE Consultants Inc.), dated February 6, 2006, regarding the proposal to close Delta Street. Mr. Angelo Innocente, MTE Consultants Inc., advised that the City was approached by the owners of Rockway Holdings Inc. to consider closure of Delta Street to allow sale of the lands to adjacent property owners. Three privately-owned businesses fronting along the north side of Delta Street (69 Sydney Street, 669 Charles Street and 48 Preston Street) and City-owned Rockway Golf Course on the south side, represent the properties affected by the proposed closure. All three privately-owned businesses have expressed an interest in purchasing the lands to allow opportunity to expand their industrial /commercial property holdings, and potentially enhance their businesses and / or consider alternative development of their sites. Mr. Innocente advised that MTE completed a Schedule `B' Class Environmental Assessment (EA) on behalf of the City and the results are favourable in regard to proceeding with the road closure. He noted that if approval to proceed is given, the next step would involve filing the Draft Notice of Completion fora 30-day public review; after which, and subject COUNCIL MINUTES FEBRUARY 13, 2006 - 42 - CITY OF KITCHENER to all issues being resolved satisfactorily, a by-law would come forward for adoption to authorize the street closure. Mr. Innocente responded to questions of Councillor G. Lorentz, clarifying public notice procedures for various classes of EAs. He advised that in this instance, an advertisement was placed on two occasions in the local newspaper to advise that a public meeting would be held at the February 13, 2006 Council meeting to consider a preferred solution and recommendations. Councillor G. Lorentz advised that although the street is located in his Ward he was not made aware of the proposal until receipt of the staff report on Friday, February 10. He questioned who is responsible for the costs associated with closure of the street and what impact denial of the request would have on the ability of the private properties to expand their building envelope. He was advised that two of the three businesses would not likely be able to expand without the road closure. It was also noted that underground services exist within the road right-of-way that will require easement rights, over which structures cannot be built but which could be used for amenity /parking areas. Ms. C. Ladd advised that the costs associated with the road closure will eventually be borne by the purchasers of the land but land values are not known at this time. Ms. Ladd apologized for the oversight in not notifying the Ward Councillor. Mr. Calvin Jutzi, on behalf of the owner of 69 Sydney Street, advised that Delta Street is currently used by motorists as a short cut to Sydney Street to avoid use of Charles Street. He questioned if Charles Street intersection improvements are planned to address concerns associated with increased use of Charles Street as a result of the closure. He noted that the owner of 69 Sydney Street did not request the closure and was not particularly in favour of closing the road; however, if the road closure proceeds, the owner has interest in purchasing the adjacent lands. A motion by Councillor G. Lorentz, seconded by Councillor J. Smola, was brought forward for consideration to approve Option 1 (`Do Nothing'), outlined in the Draft Notice of Completion - EA Report, regarding the request to close Delta Street. Councillor G. Lorentz commented that area residents have adamantly stated their preference for the street to remain open and he could see no compelling reason to close the street and sell the lands involved. He suggested that improvements such as a community trail and landscaping, as noted in the EA document, could be considered but he would not support the road closure. He added his disappointment at the process followed, suggesting that at least one public meeting should have been held prior to the Council meeting this date to apprise area residents of the nature of the proposal. In response to a question, Mr. Innocente advised that the costs associated with preparation of the EA report are approximately $10,000. Councillors J. Gazzola and M. Galloway spoke in favour of the motion, commenting on the need to improve procedures and in particular, to ensure political representation at the outset. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Option 1 (`Do Nothing') as outlined in the Draft Notice of Completion -Environmental Assessment Report, prepared by MTE Consultants Inc., dated February 6, 2006, whereby the existing conditions are left as is and no further analysis or work is done, be endorsed as the preferred alternative for the proposed closure of Delta Street, from Sydney Street to Floral Crescent. Carried Unanimously on a Recorded Vote. Council was in receipt this date of the following documentation relative to Clauses 4 - 7 inclusive of the Finance and Corporate Services Committee report of this date: • Kitchener Public Library report, dated February 13, 2006 -additional information to address questions raised at the February 6, 2006 Finance and Corporate Services Committee meeting; • Corporate Services Department report CRPS-05-026 (G. Sosnoski), dated February 10, 2006 - request for special meeting of Heritage Kitchener to deal with issues pertaining to the Forsyth property; • Chief Administrator's Office report CAO-06-013 (R. Regier / H. Gross), dated February 10, 2006 - recommendations pertaining to the Centre Block redevelopment. COUNCIL MINUTES FEBRUARY 13, 2006 - 43 - CITY OF KITCHENER Clauses 4-7 of the Finance and Corporate Services Committee report deal with matters concerning the Kitchener Public Library new central library project, heritage issues pertaining to City-owned property on the Centre Block and disposition of the remaining structures on the Forsyth property (the Smyth Residence and 1937 Art Deco Fagade). It was noted that several delegations had registered to speak in regard to these matters; however, Mayor C. Zehr advised that it was Councillor B. Vrbanovic's intention to request a deferral and asked that Council consider the deferral request prior to hearing delegations. Councillor B. Vrbanovic advised that the February 7, 2006 Heritage Kitchener meeting was adjourned prior to concluding its agenda due to an emergency situation at City Hall; placing the Committee in a position of not being able to advance recommendations on heritage matters related to the Centre Block. In light of these circumstances, he suggested that all matters related to the Forsyth property and Centre Block redevelopment be deferred to allow Heritage Kitchener to re-convene to consider their issues; and to allow additional time for Council and staff to assess all information received to date on the Centre Block redevelopment. He pointed out that there has been a recent insurgence of public interest in these matters and the deferral will also allow continued public comment. A motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, was brought forward for consideration to defer and refer action on Clauses 4-7 of the Finance and Corporate Services Committee report of this date to the February 27, 2006 Council meeting, pending further assessment of all matters. A motion by Councillor M. Galloway, seconded by Councillor G. Lorentz, was brought forward for consideration to amend the motion by changing the deferral date to the March 20, 2006 Council meeting so as to lengthen the timeframe for further assessment of the issues. Councillor J. Gazzola raised concerns with regard to deferral, suggesting that as sufficient information has been provided and this meeting is televised, with a number of interested parties present, it would be appropriate to proceed with all other matters outside of heritage issues. He added that it had been his understanding that decisions regarding the Library proposal would not take place until after the Terms of Reference for the Request for Proposals (RFP) were presented and questioned why these matters were being considered this date. Mayor C. Zehr clarified that the recommendations before Council are one step in a multi-step process and are needed in order to proceed with development of the RFP Terms of Reference. He pointed out that no decision to approve the project is being made at this time and in fact, such decision would not be made until after the 2006 Municipal election. Councillor B. Vrbanovic noted that the March 20, 2006 Council meeting is also televised which will still allow the public an opportunity to hear all of the issues and accordingly, agreed to accept Councillor Galloway's request to extend the deferral date as a friendly amendment. He also suggested that members of Council use the extended time to seek answers to any questions they may have regarding these matters. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Clauses 4-7 inclusive of the Finance and Corporate Services Committee report (February 13, 2006), dealing with matters concerning the Kitchener Public Library new central library project; Centre Block redevelopment, and heritage issues related to City-owned property on Centre Block and the two remaining structures on the Forsyth property; be deferred and referred to the March 20, 2006 Council meeting to allow further assessment of all issues pertaining to these matters and to provide opportunity for continued public comment. Carried Unanimously on a Recorded Vote. Mayor C. Zehr advised that in light of the motion for deferral, delegation presentations would not be heard this date but would be given an opportunity to present their views at the March 20, 2006 Council meeting. Councillor M. Galloway requested that given the magnitude of the Centre Block project, staff be directed in the interim of deferral to pursue a second opinion of the financial estimates. COUNCIL MINUTES FEBRUARY 13, 2006 - 44 - CITY OF KITCHENER Mayor C. Zehr suggested and it was agreed, that staff be directed to report to the February 20, 2006 Finance and Corporate Services Committee meeting as to how the cost estimates to date were derived and how staff might approach a financial review. Council was in receipt this date of Development & Technical Services Department report DTS-06-029 (T. Beckett), regarding new legislation pertaining to residential smoke alarms. Mr. R. Browning, Interim General Manager, Development & Technical Services, advised that as of March 1, 2006 the Ontario Fire Code will require all residential dwellings to have working smoke alarms on every storey. The Kitchener Fire Department views the new legislation as a positive move toward advancement of fire prevention and steps will be taken to educate /assist the public with compliance. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." At the request of Councillor B. Vrbanovic, it was agreed to defer and refer Clause 4 of the report, dealing with an offer to purchase remaining assets of the former KOR Gallery, to a future Community Services Committee meeting, pending a staff report outlining the status of associated assets and liabilities of the Gallery and in particular, negotiations regarding continued display of certain sculptures in the public realm. Councillor J. Gazzola spoke in opposition to Clause 5 of the report regarding an encroachment agreement with the owners of 117 Century Hill Drive. He noted that staff were previously directed to undertake a comprehensive review of encroachments and report as to the feasibility of charging a rental fee for properties found encroaching on City-owned lands. Councillor G. Lorentz advised that it would be difficult to deny the request before Council this date given an encroachment on a neighbouring property was previously approved. He suggested that in the interest of fairness this request be approved and as recommended in Clause 6 of the report, owners of any property found to be encroaching onto City-owned lands as of this date be put on notice that in the event an encroachment is granted, it may be subject to an annual fee. The Community Services Committee report was then voted on Clause by Clause Clause 4 -Action deferred and referred to a future Community Services Committee meeting, pending a staff report outlining the status of associated assets and liabilities. Clause 5 -Carried. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Voted on Clause by Clause. Clauses 4-7 -Action deferred and referred to the March 20, 2006 Council meeting pending further assessment of all matters concerning the Forsyth COUNCIL MINUTES FEBRUARY 13, 2006 - 45 - CITY OF KITCHENER property /Centre Block redevelop- ment. Clause 12 -Action deferred and referred to the March 20, 2006 Council meeting pending further consideration of matters concerning the Centre Block. Balance of report -Carried. Mayor C. Zehr referred to Item 6 b) under Unfinished Business on the Council agenda, regarding a proposed by-law to change the name of Bankside Drive to Westmeadow Drive. He advised that at the January 30, 2006 Council meeting a public meeting was held to consider the proposed by-law, at which time the matter was deferred and referred to the Council meeting this date to allow concerns raised by area resident, Ms. Shelley Wicks, to be addressed and an explanation given as to the delay in bringing the by-law forward. Ms. Wicks was advised at that time, that she may make further presentation at the Council meeting this date. Council considered Development & Technical Services Department report DTS-06-027 (B. Sloan), dated February 9, 2006, prepared in response to the questions raised regarding the proposed name change for Bankside Drive. It was noted in the report that pursuant to Council's September 2003 approval, the name change was not to come into effect until the street within the subdivision and the adjacent subdivision was fully constructed. The new street is now anticipated to be complete by May 2006 and accordingly, the by-law has been brought forward for adoption to complete the name change in advance of the opening of the new street. Staff provided a number of reasons as to why they did not support the resident's request to change the street name at the point of the new subdivision, including the negative impact to emergency response teams; confusion for motorists / residents; signage requirements; and potential liability to the City. No one in attendance this date responded to an invitation to speak to this matter Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the by-law listed as 9 (d) under By-laws on the Council agenda this date, to change the name of Bankside Drive to Westmeadow Drive, be added for three readings this date." Carried. Mayor C. Zehr advised that regrettably he must raise a private matter at this time. He referred to an e-mail received on February 2, 2006 from Councillor J. Gazzola in which Councillor Gazzola requested the Mayor to publicly apologize for alleged mistreatment at a private meeting held following the January 30, 2006 budget meeting. Councillor Gazzola had indicated in his e-mail that if an apology was not made at the Council meeting this date he would issue a media release to inform the public of the incident. Mayor Zehr advised that he had made several attempts leading up to this evening, to invite Councillor Gazzola to meet with him and the Chief Administrator to discuss his concerns, without response. Mayor Zehr advised that while he will discuss this in public, he had difficultly in understanding the wisdom of doing so and accordingly, would not voluntarily bring the content into the public forum unless Councillor Gazzola chose to do so. Should the latter be the case, Mayor Zehr advised that he would relinquish the Chair to Councillor B. Vrbanovic in order to participate in discussion. Councillor J. Gazzola read from a prepared statement advising that following the January 30 Budget meeting, he received an a-mail asking that he attend an unscheduled private meeting and for which no agenda was provided. He stated that during this meeting, he was unfairly reprimanded and humiliated by his elected colleagues and at least 4 senior staff for the tone of his questions during the budget meeting. He added that he had been unable to defend himself as he had not been given any prior knowledge of the intent of the meeting. Councillor Gazzola commented that he had diligently reviewed all materials for the budget meeting and had a number of important and legitimate questions to ask, which he felt deserved comprehensive answers. He pointed out that he had been skeptical of the answers given but in no way were his questions meant to harm or disrespect staff. He stated that his questions were asked to ensure that the City and the community ended up with a reasonable and accurate budget. He advised that he asked for a public apology as it was his opinion that it was COUNCIL MINUTES FEBRUARY 13, 2006 - 46 - CITY OF KITCHENER unprofessional to treat him in the manner Council and staff did during the private meeting and since no apology has been made, he was using this opportunity in a public forum to advise his constituents in Fairview-Gateway Ward of the offence to him. He added that he intended to write afollow-up report on his opinion of the budget, as well as the corporate culture at City Hall. Councillor B. Vrbanovic assumed the Chair. Mayor C. Zehr stated that it was not a matter that should be discussed in public and pointed out that the intent of the private meeting was to avoid embarrassment to all of Council and/or individuals. He advised that as Councillor Gazzola has chosen to essentially state the content of the meeting he would add his own perspective and facts surrounding the meeting. Mayor Zehr pointed out that Ms. C. Ladd, CAO, requested the private meeting to save any embarrassment and in fact, was obligated to do so in private in accordance with Human Resources Policy II-235. The policy states that a City employee may not publicly embarrass any City elected official and to do so could be construed as misconduct and lead to disciplinary action. He noted that the concerns raised at the meeting were directed to all members of Council but were precipitated by the tone of questions raised during the preceding budget meeting. Mayor C. Zehr referred to the Corporate Management Team's Leadership Agreement which speaks of mutual respect between Council and staff. He commented that when it is apparent that staff's integrity is being challenged, he has responsibility as CEO of the Corporation to challenge such position. He stated that he could dismiss the matter if it was only occasional or in the instance of misinterpretation; however, when occurrences are seen to be repeated to the extent of visibly upsetting staff, both in private and on at least one occasion publicly, he must speak up. Mayor Zehr commented that inference in Councillor Gazzola's February 2 e-mail regarding Council and staff being upset with the number of questions he asked is incorrect. He agreed that all of Council has every right to ask appropriate questions and Councillor Gazzola was allowed to do so on January 30. He stated that all of Council is committed to ensuring that the budget is completed in a responsible manner and that Council has responsibility in creating the corporate culture through its own conduct and by setting the tone within the Council Chamber. Councillor J. Gazzola commented that in terms of leadership, it was his opinion the way he was treated was not proper or professional. He stated that had he been advised individually of the concerns regarding his conduct as opposed to being called into a private meeting of his colleagues, with no prior knowledge of the intent, he would not likely be raising an issue this date. Councillor Gazzola stated that he did not answer to staff or Council and was only responsible to the ratepayers of Fairview-Gateway Ward, and if he is to be reprimanded they will be the ones to do so. Several other members of Council commented on this matter acknowledging the importance of conducting business in a manner of mutual respect for one another and staff, and encouraging differences to be set aside to allow the business of the day to move forward. Mayor C. Zehr re-iterated his disappointment at having to discuss this matter in public. He also clarified that the message delivered on January 30 was not only his, but that of all members of Council and was done in support of staff. He stated that while Council sits to represent the public, collectively as an employer they also have responsibility to protect staff when needed. Mayor C. Zehr then assumed the Chair. Councillor B. Vrbanovic commented on the Federation of Canadian Municipalities (FCM) Sustainable Communities National Conference and Trade Show held in Ottawa on February 2-4, 2006. He stated that the focus of the conference was on building the capacity of municipal governments to implement sustainability in their communities. He added that an endowment of $550M is available to municipalities through FCM's Green Municipal Fund (GMF) for projects focused on energy management. He asked that staff pursue application to the GMF and report back on how the City might leverage its own investments through the Fund. Councillor G. Lorentz referred to the recent announcement by Michelin that they will close the B. F. Goodrich plant in Kitchener as of the end of July 2006, leaving 1,100 employees without work. He asked that the Mayor co-ordinate efforts among area politicians and appropriate agencies to lobby against the pending closure. Mayor C. Zehr advised that he had already had discussions with a variety of contacts (ie. Unions, Provincial /Federal Government, plant management, area politicians) and through the Canadian Consulate attempts are being made to schedule a conference call with Michelin representatives in COUNCIL MINUTES FEBRUARY 13, 2006 - 47 - CITY OF KITCHENER South Carolina, USA. He noted that under the Municipal Act, the City cannot provide financial assistance to individual businesses and would have to look to the Federal Government for any potential funding. He added that the City can act as facilitator to bring all interested parties together; however, there has to be indication from Michelin that they are willing to discuss the matter. Councillor C. Weylie advised that seven road reconstruction projects are scheduled in her Ward this year and encouraged patrons to continue supporting small businesses that may be impacted. Councillor Weylie added that each year the City's Economic Development Division targets one category of small business to survey. She encouraged the community to participate by visiting small auto industry businesses and provide their comments to the Economic Development Division. Mayor C. Zehr advised that the Region of Waterloo has commenced the bridge selection process for Fairway Road that will span the Grand River and construction is planned for 2008 / 2009. In addition, he noted that the Region will once again conduct its Rain Barrel Distribution Program on April 22, 2006 at Conestoga, Fairview Park and Cambridge Centre Malls. Council agreed to a request of Mr. R. Gosse, Director of Legislated Services, to add five by-laws to the agenda for three readings this date. Three of the additional by-laws relate to Clauses 8, 9 & 10 of the Finance and Corporate Services Committee report of this date, being to regulate street vendors and amend various licensing chapters of the Municipal Code. The fourth by-law exempts certain lots on Zeller Drive from Part Lot Control and the final by-law designates 39 Doon Valley Drive and part of the Doon Valley Drive road right-of-way as being of cultural /heritage value or interest. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to authorize borrowing for current expenditures in 2006. (b) Being a by-law to provide for the widening of part of Lancaster Street East as a public highway in the City of Kitchener. (c) 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. (d) Being a by-law to change the name of a portion of Bankside Drive to Westmeadow Drive in the City of Kitchener. (e) Being a by-law to exempt certain lots from Part Lot Control -Block 98, Registered Plan 58M-226 -Doon Mills Drive. (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 17, Registered Plan 58M-15 - Activa Avenue. (g) Being a by-law to exempt certain lots from Part Lot Control -Block 4 and Part of Block 2, Registered Plan 58M-295 - Woodsmere Drive. (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 2, Registered Plan 58M-19 - Hackberry Street. (i) Being a by-law to provide for the establishing and laying out of part of Cedarhill Crescent as a public highway in the City of Kitchener. (j) To confirm all actions and proceedings of the Council. (k) Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2006. (I) Being a by-law to amend Chapter 531 of the City of Kitchener Municipal Code with respect to Dog-Kennels-Breeding Boarding-Doggie Daycare. COUNCIL MINUTES FEBRUARY 13, 2006 - 48 - CITY OF KITCHENER (m) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code. (n) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 29, Registered Plan 1732 -Zeller Drive. (o) Being a by-law to designate part of the property municipally known as 39 Doon Valley Drive and part of the former Doon Valley Drive road right-of-way in the City of Kitchener as being of cultural heritage value or interest. 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 C. Weylie Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to authorize borrowing for current expenditures in 2006. (By-law No. 2006-34) (b) Being a by-law to provide for the widening of part of Lancaster Street East as a public highway in the City of Kitchener. (By-law No. 2006-35) (c) 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. 2006-36) (d) Being a by-law to change the name of a portion of Bankside Drive to Westmeadow Drive in the City of Kitchener. (By-law No. 2006-37) (e) Being a by-law to exempt certain lots from Part Lot Control -Block 98, Registered Plan 58M-226 -Doon Mills Drive. (By-law No. 2006-38) (f) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 17, Registered Plan 58M-15 - Activa Avenue. (By-law No. 2006-39) COUNCIL MINUTES FEBRUARY 13, 2006 - 49 - CITY OF KITCHENER (g) Being a by-law to exempt certain lots from Part Lot Control -Block 4 and Part of Block 2, Registered Plan 58M-295 - Woodsmere Drive. (By-law No. 2006-40) (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 2, Registered Plan 58M-19 - Hackberry Street. (By-law No. 2006-41) (i) Being a by-law to provide for the establishing and laying out of part of Cedarhill Crescent as a public highway in the City of Kitchener. (j) To confirm all actions and proceedings of the Council. (By-law No. 2006-42) (By-law No. 2006-43) (k) Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2006. (By-law No. 2006-44) (I) Being a by-law to amend Chapter 531 of the City of Kitchener Municipal Code with respect to Dog-Kennels-Breeding Boarding-Doggie Daycare. (By-law No. 2006-45) (m) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code. (By-law No. 2006-46) (n) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 29, Registered Plan 1732 -Zeller Drive. (By-law No. 2006-47) (o) Being a by-law to designate part of the property municipally known as 39 Doon Valley Drive and part of the former Doon Valley Drive road right-of-way in the City of Kitchener as being of cultural heritage value or interest. (By-law No. 2006-48) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:30 p.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 13, 2006 - 50 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That right turns during the red phase be permitted for the southbound direction on Lorraine Avenue at River Road East; and further, That the Uniform Traffic By-law be amended accordingly. 2. That the consultant selection process be waived and the contract for the 2006 Duke and Ontario Garage Post-Tensioning Tendon Structural Engineering Services be awarded to Read Jones Christoffersen Ltd. 3. That the City of Kitchener recognizes the public's growing concern regarding the use of pesticides, involuntary exposure and the potential effect on the health of humans and other non-target species; and, That continuing public education must remain a key initiative in efforts to encourage the reduction of the non-essential use of pesticides in our community; and, That the City continue to participate in cost-sharing with 50% by area municipalities and 50% by the Region, and approve the request of the Region for a financial contribution in the amount of $28,800 for 2006, Year 3 of the cost-shared community-based social marketing (CBSM) campaign; and further, That Kitchener's contribution be contingent upon cost-sharing by all area municipalities. COMMUNITY SERVICES COMMITTEE - 1. That recognition of the City of Thunder Bay as a participating municipality with the Personal Attendant for Leisure (PAL) Card program be endorsed; and further, That incorporation of other municipalities into the PAL Card program be at the discretion of Community Services Department staff. 2. That the 2005 Foot Care Service Provider Licence Agreements for Breithaupt, Rockway, and Downtown Community Centres be renewed with current providers for the 2006 year as outlined in Community Services Department report CSD-06-008; and further, That the General Manager of Community Services be authorized to renew these contracts annually. 3. That the Mayor and Clerk be authorized to execute a Co-operative agreement with Marmo Travel Club Inc. for 2006, to the satisfaction of the City Solicitor, to provide recreational excursion opportunities at the Rockway Centre to travellers aged 50+ years. 4. That the offer to purchase the assets remaining in the KOR Gallery be declined, save and except the sculptures outlined in Community Services Department report CSD-06-019, subject to receiving information regarding the pieces concerning ownership; value; original purchase price; receipts issued; and, options to retain the pieces in the public realm. (Action deferred and referred to a future Community Services Committee meeting pending a staff report outlining the status of associated assets and liabilities.) 5. That the Mayor and Clerk be authorized to execute an encroachment agreement, satisfactory to the City Solicitor, with the property owner of Lot 414, Registered Plan 1375, municipally known as 117 Century Hill Drive, to legalize the existing encroachment of a fenced yard containing a retaining wall, fence, shed, play structure and vegetable garden which encroach approximately 13 ft. at the rear of the property, on adjacent City-owned property; and further, COUNCIL MINUTES FEBRUARY 13, 2006 - 51 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That a cross departmental review of the encroachment policy take place to determine the feasibility of charging annual rental fees and any required changes to the enforcement of the policy. 6. That as of February 13, 2006, owners of any property found to be encroaching onto City- owned property be given notice that should an encroachment be granted it may be subject to an annual fee, pending the outcome of a cross departmental review of the City's encroachment policy. 7. That the offer of purchase for 4 acres of the Trillium Drive School Board lands from Blue Top Properties for the purchase price of $135,000. per acre be accepted; and, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor; and further, That the advance of $250,000. to the Waterloo Region District School Board (WRDSB) as purchase price of the lands completing the obligation to the WRDSB, be approved. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the Real Estate Services contract with Coldwell Banker Commercial -Peter Benninger Realty and Royal LePage Commercial be renewed for a third and final one year period until February 23, 2007. 2. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licenced establishment as set out below, Council take no action to oppose the application for a liquor license for Slices, located at 300 King Street West, Kitchener applied for by Zdravko Mutlak (herein referred to as the "Applicant"); and further, That staff be authorized to enter into an agreement with the applicant should she be willing, wherein the applicant agrees to abide by the following conditions and to request they be added to her licence if the Alcohol and Gaming Commission of Ontario (AGCO) chooses to issue the licence: a. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; b. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; c. To abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in the application (in other words, alcohol sales will be limited to 30% of gross refreshment sales); d. To stop serving alcohol by 1:00 a. m. daily; e. To notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; g. To comply with the Noise By-law and the Smoking By-law; and, h. These conditions shall bind all successors, assigns and subsequent licence holders (if any). COUNCIL MINUTES FEBRUARY 13, 2006 - 52 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. That Adaptive Re-use CIP Application ARP 2005/01, received from Haastown Holdings, dated October 28, 2005, be approved; and, That upon proof of an occupancy permit for 120 Mansion Street, the City of Kitchener will provide a grant in the form of an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment; where the City Tax Increment is defined as the difference between the City portion of real property taxes for the 2005 Taxation Year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project or any phases thereof; and, That the grant will continue for a maximum period of 10 years or until the maximum grant of $10,000. per residential unit (for a total maximum grant of $580,000.) has been reached, whichever comes first; and further, That the Mayor and Clerk be authorized to execute an Adaptive Reuse "Proponent/City Agreement" with Haastown Holdings (Kitchener) Inc., satisfactory to the City Solicitor. 4. That as outlined in Chief Administrator's Office report CAO-06-009 (Centre Block Redevelopment - Heritage Aspects), dated February 1, 2006: a) That the Mayfair Hotel located at 11 Young Street be recognized as significant and be retained in its entirety, with an understanding that there be flexibility of use in the interior of the building and the successful proponent for redevelopment of the Centre Block be encouraged to use those interior features deemed significant by Heritage Kitchener in any development of that building. b) That the front fagade of 156-158 King Street West be retained in its entirety and the successful proponent for redevelopment of the Centre Block be encouraged to incorporate the remainder of the building and any interior features deemed significant by Heritage Kitchener in any development scheme, if structurally and financially feasible. c) That the two remaining buildings associated with the Forsyth building complex, being the c. 1880 Smyth Residence and the 1937 Art Deco addition, not be retained in situ on the property on the basis that they would seriously compromise the ability to achieve maximum development on the property through the upcoming Request for Expression of Interest proposal process, but that the history of the buildings and property be honoured by having the architecture of the buildings reflected in the new development on the Centre Block through the use of salvaged and retained materials from all of the Forsyth buildings. (Dealt with under Delegations and action deferred and referred to the March 20, 2006 Council meeting pending recommendations of Heritage Kitchener.) 5. That as outlined in Corporate Services Department report CRPS-06-023 (Retention/ Removal/Remediation Options -Forsyth Complex), dated February 1, 2006: a) That staff arrange for the removal of the Duke Street Art Deco fagade of the 1937 Forsyth factory addition to ensure the building remains in a safe condition with final disposition of the materials being subject to further Council direction and consultation with Heritage Kitchener. b) That Facilities Management staff, as the owner's representative, be directed to make a Heritage Permit Application to Heritage Kitchener on February 7, 2006 regarding demolition of both the Smyth Residence and the 1937 Art Deco addition, outlined as Option 4 in Corporate Services Department report CRPS-06-023. (Dealt with under Delegations and action deferred and referred to the March 20, 2006 Council meeting pending recommendations of Heritage Kitchener.) COUNCIL MINUTES FEBRUARY 13, 2006 - 53 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. That, as outlined in Development & Technical Services Department report DTS-06-022 (City- owned Property of Cultural /Heritage Value or Interest in the Centre Block), dated February 2, 2006, City-owned property located within the Centre Block, being: 11 Young Street, 156-158 King Street West and 48 Ontario Street North, be formally recognized as having cultural / heritage value or interest and be listed in the City's Heritage Register as 'non-designated property of cultural /heritage value or interest'. (Dealt with under Delegations and action deferred and referred to the March 20, 2006 Council meeting pending recommendations of Heritage Kitchener.) 7. That as outlined in Chief Administrator's Office report CAO-06-009 (Centre Block Redevelopment -Financial Aspects), dated February 1, 2006: a) That Council re-affirms directing $32.5M from the Economic Development Investment Fund towards the funding of a new central library on Centre Block. b) That as outlined in the 2004 Kitchener Public Library (KPL) Business Case, Council confirms directing a minimum of $3.5M from the sale of 85 Queen Street North (existing library), towards the funding of a new central library on Centre Block. c) That the City-owned Centre Block property and buildings identified in the Request for Expressions of Interest /Proposal be used as an asset to leverage the financing of the new central library on Centre Block. d) That Council supports the inclusion of the Young Street right-of-way, from King Street to the City Hall parking garage, to be incorporated into the Centre Block project, subject to an acceptable proposal being received, as identified by Council. e) That $5.5 M identified in the Economic Development Investment Fund for parking be directed towards the funding of a 350-space municipal parking structure on Centre Block. f) That the following recommendation be deferred and referred to the March 20. 2006 Council meetino, to allow additional options to be provided: 'That one of the following options be selected for funding the estimated shortfall of $8.5M for the 350-space municipal parking structure on Centre Block: i) That the City Parking Operation fund an $8.5M debenture; ii) That the developer fund the shortfall of $8.5M and be reimbursed through the receipt of net revenue over a 20-year period including alump-sum payout at the end of the 20-year period to cover any shortfall; in this scenario, the City would own and operate the parking structure; or, iii) That the developer fund the shortfall of $8.5M and be reimbursed through operation of the parking over a 20-year period; after the 20-year period, the City would take over the parking operation and provide alump-sum payout to cover any shortfall; the City would own the parking structure in this scenario.' g) That the following recommendation be deferred and referred to the March 20, 2006 Council meetino, to allow staff to provide revised wording relative to adjusting the target amount by any realized project budget shortfalls: 'That the KPL Board and the City of Kitchener consider all options for securing and selecting a guarantor for the $5M targeted fundraising amount to be achieved by the KPL Board.' COUNCIL MINUTES FEBRUARY 13, 2006 - 54 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) h) That in the event no viable proposals which include a library and parking structure are received, Council consider re-issuing a proposal call for the redevelopment of Centre Block which excludes a library component. (Dealt with under Delegations and action deferred and referred to the March 20, 2006 Council meeting to allow further assessment and public comment.) 8. That a by-law to licence Street Vendors in the City of Kitchener be prepared for Council's consideration on February 13, 2006, based on the proposed by-law dated January 30, 2006 attached to Corporate Services Department report CRPS 06-013. 9. That a by-law to amend Chapter 531 of the Municipal Code (Dog-Kennels-Breeding-Boarding- Doggie Daycare) be prepared for Council's consideration on February 13, 2006, based on the proposed by-law dated January 30, 2006 attached to Corporate Services Department report CRPS-06-014. 10. That a by-law to amend Schedule `A' -Business Licence Procedure for all applicable Licensing Chapters in the City of Kitchener Municipal Code be prepared for Council's consideration on February 13, 2006, based on the proposed by-law dated January 30, 2006 attached to Corporate Services Department report CRPS-06-018. 11. That the `Accessibility Plan' dated January 20, 2006, attached to Community Services Department report CSD-06-013, be adopted as the Annual Accessibility Plan 2006 for the City of Kitchener in accordance with the Ontarians with Disabilities Act, 2001; and further, That should the City of Waterloo, the Township of Woolwich and the Township of Wellesley adopt the said Accessibility Plan, the Plan shall be a 'Joint Accessibility Plan' with the participating municipalities pursuant to Section 17(3) of the Ontarians with Disabilities Act (ODA, 2001). 12. WHEREAS City Council has recognized the need for a new Kitchener Public Library (KPL) central library; and, WHEREAS in September 2004, City Council was presented with a business case for the new central library which put the total cost of the project at $44 - $51 million; and, WHEREAS in May 2005, City Council approved the construction of the new central library on the Centre Block property with a financial commitment from the City of $32.5 million; and, WHEREAS in November 2005, KPL's own fundraising consultant raised serious questions over the ability of the library to meet its fundraising target and recommended scaling back the amount of money it hoped to raise by $11 million; and, WHEREAS in December 2005, only seven months after City Council originally approved construction of the new central library, revised cost estimates put the cost of the library at $19 - $27 million higher than first outlined to City Council in the business case; NOW THEREFORE BE IT RESOLVED that in the face of rapidly growing cost estimates for the construction of the new central library, Kitchener City Council re-affirms the City's financial commitment to the project at the original amount of $32.5 million from the Economic Development Investment Fund. (Action deferred and referred to the March 20, 2006 Council meeting pending further consideration of matters concerning the Forsyth site /Centre Block project.) COUNCIL MINUTES FEBRUARY 13, 2006 - 55 - 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. Encroachment Agreement - 678 - 692 Belmont Avenue West Council considered Corporate Services Department report CRPS-06-024 (J. Sheryer), dated February 1, 2006, regarding an encroachment agreement request relating to a proposed walkway and existing stairs. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Part Lots 10 and 13, Plan 343, municipally known as 678-692 Belmont Ave. W., to legalize the proposed walkway and existing stairs which encroach approximately 1.80 metres, more or less, into the daylight triangle at the corner of Belmont Ave. W. and Claremont Ave." 2. Surplus Lands -Property Adjacent to 110 Barbara Crescent Council considered Corporate Services Department report CRPS-06-015 (L. Proulx), dated February 1, 2006. It was resolved: "That a parcel of land located adjacent to 110 Barbara Crescent described as Part 2, Reference Plan 58R-7149, in the City of Kitchener be declared surplus to the City's needs; and, That Part 2 on Reference Plan 58R-7149 be conveyed to the property owner of 110 Barbara Crescent for the price of $1,552, plus all incidental costs subject to the execution of an agreement of purchase and sale satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete the conveyance." 3. Surplus Lands - 135 and 139 Victoria Street South Council considered Corporate Services Department report CRPS-06-017 (L. Proulx), dated February 1, 2006. It was resolved: "That the parcels of land municipally known as 135 Victoria Street South, described as Part of Lot 552, Registered Plan 378, designated as Part 1 on Reference Plan 58R- 9666 and the land municipally known as 139 Victoria Street South, described as Part of Lot 552, Grange's Amended Survey, Registered Plan 378 in the City of Kitchener be declared surplus to the City's needs; and, That Legal Services be directed to transfer the said lands to the Parish of the Ukrainian Catholic Church of the Transfiguration for the purpose of developing a parkette, at the price of $18,000, plus incidental costs associated with this transaction; and, That the City retains easements over the said lands; and further, COUNCIL MINUTES FEBRUARY 13, 2006 - 56 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Surplus Lands - 135 and 139 Victoria Street South - (Cont'd) That the Mayor and Clerk be authorized to execute the necessary documentation to complete this transaction." 4. K-W Oktoberfest -Civic Celebration Council considered correspondence from Kitchener-Waterloo Oktoberfest Inc. dated January 20, 2006. It was resolved: "That K-W Oktoberfest, to be held October 6-14, 2006, 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." 5. Appointment - Reaion of Waterloo East Side Community Advisory Committee Council considered Chief Administrator's Office report CAO-06-012 (H. Gross), dated February 8, 2006. It was resolved: "That Councillor B. Vrbanovic and Mayor C. Zehr (alternate) be appointed as Kitchener Council's representative to the Regional Municipality of Waterloo's East Side Community Advisory Committee." 6. Acquisition of Land - 521 Kino Street West Council was in receipt this date of Corporate Services Department report CRPS-06-025 (L. MacDonald), dated February 10, 2006, concerning acquisition of 521 King Street West. It was resolved: "That the Mayor and Clerk be authorized to execute the necessary documentation with the registered owner, L. P. Holdings Inc. and other interested parties involved in 521 King Street West for the staged acquisition of said property, satisfactory to the City Solicitor." 7. Amendment to Retail Component Purchase Agreement -Barrel Works Kitchener Limited Council considered a matter arising from in-camera discussion this date, regarding a request to extend the closing date with respect to the retail component of the Kitchener Market. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment to the Retail Component Purchase Agreement with Barrel Works Kitchener Limited and Barrel Works Market Shops Inc. to extend the closing date to April 12, 2006 on terms and conditions satisfactory to the City Solicitor."