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HomeMy WebLinkAboutCouncil Minutes - 2003-02-10COUNCIL MINUTES FEBRUARY 10, 2003 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Taylor Jasztrab, King School of Vocal. Mayor C. Zehr welcomed the 8th Kitchener Cub Pack from the Doon Pioneer Park Community. Councillor J. Gazzola commended the Cub Pack for their interest in learning about civic government. On motion by Councillor C. Weylie, the minutes of the regular meeting held January 27, 2003 and special meetings held January 27 and February 3, 2003, 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, Councillor J. Smola disclosed a pecuniary interest at the in-camera meeting of City Council held February 3, 2003, in respect to a matter involving labour relations. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated January 15, 2003, from Hon. Elizabeth Witmer, Minister of Education, acknowledging receipt of Council's resolution regarding the Municipal Property Assessment Corporation's restructuring program. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tender listed on the Committee of the Whole agenda. In response to a question from Councillor M. Galloway, Mr. Gordon advised that in reference to the proposal process, it has been the practice not to list all prices because cost is only one factor in the rating of proposals. However, he agreed that if Council directed, all price quotations could be included in future. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Proposal P02-078, Wading Pool Design & Build - Breithaupt Park, be awarded to Irwin Foster Inc. & Resicom Contracting Inc. at their revised price of $167,682.50, GST included." Carried. Captain Richard Parent, a City of Kitchener staff member and Officer of the Canadian Armed Forces (CAF), attended to present Canadian Peacekeeping Service Medals to two Kitchener employees, Mr. Tim Cartmell and Mr. Al Evans. He advised that this medal was being given in recognition to men and women who have been deployed on United Nations peacekeeping missions outside Canada for a minimum of 30 days. Captain Parent spoke of the achievements of both individuals while members of the CAF and advised that both are to be honoured for their service during their tour of duty in Cyprus; Mr. Cartmell in 1982 with the Third Regiment Royal Canadian Artillery and Mr. Evans from February-September 1991 with the First Battalion of the Princess Patricia's Canadian Light Infantry. Captain Parent advised that the idea for the Canadian Peacekeeping Service Medal was conceived after the Nobel Peace Prize was awarded to United Nations Peacekeepers in 1988 and acknowledges the contribution to peace that Canadian Peacekeepers have made. He then presented Mr. Cartmell and Mr. Evans with their Canadian Peacekeeping Service Medals. Councillor B. Vrbanovic commented on recent amendments made to the City's Leave of Absence Policy in recognition of the importance of providing opportunity for City employees to serve their country in the CAF and acknowledged the contribution made by Captain Parent in bringing about change to the Policy. Mr. Glen Richardson, Manager of Design and Development, attended to present an overview of City staff's involvement with the Walter Bean Community Trail construction project and acknowledged representatives of the Walter Bean Grand River Community Trails Foundation who were also in attendance this date. He stated that a successful partnership with the Foundation and other area municipalities has resulted in completion of a community trail along the Grand River that offers some of the best scenery of natural areas within the Region. He commented on the contributions of the City's Bramm Street Operations staff who built the 7.5 km trail within the City and recognized Mr. William Sleeth and Mr. Peter Wetherup, Community Services Department, who undertook management of the work crews and assisted in resolving technical details. Mr. Richardson presented COUNCIL MINUTES FEBRUARY 10, 2003 - 48 - CITY OF KITCHENER Messrs. Sleeth and Wetherup with a small replica of bulldozers as tokens of appreciation for their contribution to the project. Mr. Doug Letson, President of the Walter Bean Grand River Community Trails Foundation, together with Messrs. Charles ©rmston, Vice-President of Development and David Graham, Treasurer, attended to present a cheque in the amount of $527,995.25 to reimburse the City for monies spent on the 8 km. of trail construction in 2002. Mr. Letson commented on the efforts of Foundation volunteers who raised $6,236,695.53 required to complete trail construction. He noted that the Foundation also committed $1,246,847.40 to the City for construction of a bridge across the Grand River in the area of Pioneer Tower Road and Highway 401 where an environmental assessment is currently underway. Mr. Letson commented on the importance of partnerships and community involvement in successfully completing 28.6 km of the 40-km trail and also acknowledged the contributions made by Messrs. Glen Richardson, William Sleeth, Peter Wetherup and staff of Bramm Street Operations. He further advised that the Foundation has obtained copies of paintings for presentation to Council by former City of Kitchener Artist-in-Residence, Bill Downey, depicting scenery along the Grand River at trail access points. On behalf of Council, Mayor C. Zehr accepted the cheque and seven limited edition prints from the delegation and gave assurance that the prints would be placed in appropriate locations within City facilities. Mayor Zehr thanked the Foundation for their dedication to this project and commented on the excellent example this partnership provides. Councillor J. Gazzola advised that a public information meeting will be held at the Doon Valley Golf Club on February 19, 2003, commencing at 7:00 p.m. with respect to the bridge that is to be constructed across the Grand River as part of the Walter Bean Grand River Community Trail and invited members of the public who may have an interest to attend the meeting to provide their input. Mr. Dimitri Nenkov attended to present a petition signed by 62 residents in the area of Conestoga College, in opposition to Council's August 26, 2002 decision to pass Municipal Plan Amendment By- law 2002-160 and Zoning By-law 2002-161 (Lower Doon Student Housing Study). Mr. Nenkov advised that passing of these by-laws has negatively impacted the investment made by area residents and requested Council to reconsider and repeal the by-laws. He acknowledged that an appeal against Zoning By-law 2002-161 has been made to the Ontario Municipal Board (OMB) and that if no action is taken with respect to the petition, residents are prepared to await outcome of an OMB hearing. In response to a question concerning his letter dated February 6, 2003, Mr. Nenkov advised that comments in his correspondence concerning traffic issues are based on his opinion that conditions, as outlined in the City's traffic study, have existed for some time and additional parking restrictions in his neighbourhood are not required. He suggested that if pedestrian safety is a concern, the City should install sidewalks. Mayor C. Zehr received the petition and advised that all additional documentation submitted by Mr. Nenkov would be forwarded to appropriate City staff for review and, if required, will be considered at a future meeting of the Development and Technical Services Committee. Mayor C. Zehr advised that a Charity Breakfast was held this date in the City Hall Rotunda to present the first 'State of the City Address'. He commented that the event was well attended by more than 270 Kitchener residents and community business leaders. Mayor Zehr provided highlights of the Address, noting that Kitchener is a leading community within the Region of Waterloo and has contributed in excess of 1,500 new housing units and attracted events on Provincial, National and International levels. He stated that the City is strong, the economy robust and growing at a tremendous rate through a combination of community and municipal partnerships, hard work and perseverance. He pointed out that the City is committed to three key priorities in nurturing the health and prosperity of the community identified as service, investment and results. Mayor Zehr commented on each priority, noting the wide variety of programs and services provided and the challenge to adapt services to meet the diverse needs of a fast growing and culturally changing population. He advised that strategic investments have been made in infrastructure, civic enterprises, economic development and community development; recognizing that resources are limited and not all can be done at once. He stated that the City is faced with finding new employment lands to ensure a healthy balance between competing interests of industrial, residential and environmental needs and that the Downtown remains a key investment objective as a healthy Downtown promotes a healthy community. He pointed out that success can only be measured by results and in managing COUNCIL MINUTES FEBRUARY 10, 2003 - 49 - CITY OF KITCHENER the City's budget, Council has been deliberate, prudent and responsible while remaining accountable to its citizens. He advised that the City is working with other municipalities and business partners to get a new deal with Provincial and Federal governments to provide for sharing of existing revenue for services assumed that is both sustainable and predictable. He stated that the key to continued success will be to begin dialogue with other municipalities within the Region to bring about change and expressed the desire to establish meaningful collaboration and partnerships that exist on the most fundamental operational and financial levels. Mayor Zehr advised that the entire text of the 'State of the City Address' is available for viewing on the City's website and will also be published in the 'Your Kitchener' newsletter distributed community wide. Several members of Council commented on the success of the event and Councillor G. Lorentz pointed out that proceeds from the Charity Breakfast will go to the Kitchener-Waterloo Community Foundation, which assists the community in building endowments and addressing needs through grants. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." In respect to Clause 4 of the report, Councillor G. Lorentz provided explanation for the City's decision not to participate in the Provincial and National Edition of the Communities in Bloom Program. He advised that competing at the program's highest levels is expensive and time consuming and City staff have identified the need to develop a fresh approach to demonstrate the City's progression. He noted that a number of construction projects, including the new Farmers' Market, are anticipated to be completed in time to enhance the City's evaluation during the 2004 judging process. He further noted that the one-year absence will provide staff with an opportunity to build its volunteer base and replace Committee members lost through attrition. Councillor Lorentz pointed out that local programs will continue this year and stated that they provide excellent value to the community in beautifying city residences. Mayor Zehr also pointed out that the construction projects referred to would be in full operation at the time judges would be visiting this year and accordingly, would not present the City in its best light. The report was then voted on and Carried. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That Clauses 1 and 2 of the Finance and Corporate Services Committee report be adopted." Carried. Record Pecuniary Interest and Abstention: Clauses 1 and 2 - Councillor B. Vrbanovic as he is associated with an organization that derives revenue from bingos and Councillor M. Galloway as he is employed by an organization that derives revenues from bingos. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the balance of the Finance and Corporate Service Committee report, excluding Clauses 1 and 2, be adopted." Councillor J. Gazzola requested that Clauses 3, 6, 7 and 8 be dealt with separately. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 7 of the report by adding a new subclause e) to provide for an additional project to be added respecting a noise barrier along Highway 8 in the Kingsway Drive area. COUNCIL MINUTES FEBRUARY 10, 2003 - 50 - CITY OF KITCHENER Councillor J. Galloway suggested an amendment to Clause 3 of the report to further reduce the water / sewer rate increase from 3% to 2.33%, to be in keeping with municipal property tax increases and as a gesture of goodwill to make known to the community that Council has concern with the rising cost of living. Several members of Council spoke in opposition to the proposed amendment commenting on fiscal responsibility to impose realistic and fair rates that will ensure maintenance of the City's infrastructure and improvements to water quality. Members of Council also raised concerns that the decreased rate may place budgeted projects in jeopardy and did not wish to take action that would place undue burden on future taxpayers. Councillor Gazzola pointed out that the proposed decrease is minimal in cost and the differential could be recovered from general accounts that have unexpended funds. Mayor C. Zehr advised that he was in support of the 3% increase and pointed out that the City will shortly be required to comply with new Provincial legislation that provides for accounting of full costing for water and sewer infrastructure. Further, he advised that while the percentage decrease is minimal, if implemented, it will become part of a fixed rate to be applied over a period of five years, resulting in an overall substantially higher cost to the City. Following discussion, it was determined that there was no support to change the percentage rate increase. Councillor J. Gazzola advised that he would not support Clause 8 of the report dealing with Confidentiality Agreements as he remains unconvinced this step is necessary given no problems have been experienced in the past and there are laws already in place to deal with such matters. He suggested that the policy implies a lack of confidence in staff who, in his opinion, are already aware of the importance of confidentiality and have always conducted business in a professional manner. Councillor Gazzola advised that he would request a recorded vote at the appropriate time. Mayor C. Zehr and Councillor B. Vrbanovic spoke in favour of Clause 8, commenting that it is not a matter of trust but rather an issue of awareness and that it is as important for staff to understand their obligations and rights as it is for those doing business with the City to know that staff have that understanding. Council was in receipt of Financial Services Department report FIN-03-010, dated February 10, 2003, respecting Clause 6 of the Finance and Corporate Services Committee report of this date dealing with a staff recommendation that was deferred and referred to the meeting this date pertaining to a contract for an upgraded ITR©N Meter Reading System. Several members of Council spoke in favour of the recommendation, commenting that the proposed system is compatible with the equipment currently used by Kitchener-Wilmot Hydro, which will be of benefit at the time an integrated meter reading system is implemented and raised concern that delaying to call for proposals would put the City at risk of existing equipment failing. Further, they raised concerns that selection of another vendor would substantially lengthen the time for implementation and if non-compatible, would result in higher costs to make the change to an integrated system at a future date. It was also noted that 10 out of 12 municipalities surveyed used the ITR©N system because of its compatibility and cost effectiveness. Councillor J. Gazzola suggested that the normal process to call for proposals should be followed to ensure the City is obtaining the best product and pricing and did not agree that a delay would have a negative impact. Councillor G. Lorentz questioned the timeframe to process proposals and Mr. L. Gordon advised that the process would take approximately two months to complete. Councillor Lorentz expressed the opinion that integration of the meter reading systems should be high priority and calls for proposals should be proceeded with to provide opportunity to implement an integrated system at this time. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, the recommendation contained in report FIN-03-010 to waive the tendering process to allow negotiation of a contract for supply of goods and services to upgrade the ITRON Meter Reading System, was added as Clause 6 of the Committee report. The balance of the Finance and Corporate Services Committee report, excluding Clauses 1 and 2, was then voted on clause by clause. Clause 7 - Carried, as Amended. Clause 8 - A recorded vote was requested. COUNCIL MINUTES FEBRUARY 10, 2003 -51 - CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, B. Vrbanovic, G. Lorentz and J. Smola. Contra: Councillor J. Gazzola Motion Carried. Clauses 3, 4, 5, 6 and 9 - Carried. Councillor J. Gazzola introduced a motion directing staff to prepare a report for consideration at the March 3, 2003 Finance and Corporate Services Committee meeting for the purpose of outlining Regional roads or portions thereof that may require installation of noise attenuation barriers with a recommendation to the Region to consider implementation. Councillor C. Weylie pointed out that when Regional roads are widened overall noise evaluation is not undertaken and is only applied to the additional lanes. At the request of Councillor Weylie, it was agreed to include a request in the motion that the Region evaluate overall noise impact when widening Regional roads. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That staff be directed to prepare a report for consideration at the March 3, 2003 Finance and Corporate Services Committee meeting, outlining Regional roads or portions thereof, within the City of Kitchener which create excessive noise and require noise attenuation barriers; and, That staff consult with all members of City Council to obtain information on roads of particular concern in the Wards they represent; and further, That the report contain a recommendation requesting the Region to consider installation of noise attenuation barriers on Regional roads, as outlined in the staff report, and to undertake full evaluation of noise impact on Regional roads that are proposed to be widened." Carried. Councillor G. Lorentz advised that the Auditorium Complex will be hosting the Canadian Women's Curling Championships, Scott Tournament of Hearts, on February 15-23, 2003. Councillor Lorentz thanked Mr. Jerry Finnen, President of the Host Committee, for his work in co-ordinating the volunteer complement for the event. At the request of Councillor Lorentz, Mayor Zehr wore his Scott Tournament of Hearts sweater for the remainder of the Council meeting. Councillor G. Lorentz raised concerns with the decision of the Region of Waterloo to proceed with a free-standing Emergency Medical Services Waiting Station at Nottingham Avenue and Ottawa Street North rather than joining ambulance services with the Kitchener Fire Station No. 3 at Ottawa Street North and River Road. Councillor Lorentz expressed concern that the focus of the Regional staff report was based on personnel issues rather than benefits of a joint facility and there appeared to be an expectation that the City would provide the land required for the free-standing building without cost. Mayor C. Zehr advised that the Regional Community Services Committee had dealt with this matter at its meeting held on February 4, 2003 and the Committee's recommendation would be considered by Regional Council at its meeting to be held on February 12, 2003. He acknowledged the focus had been on personnel issues; however, advised that a strong case had been made for the chosen site based on emergency response times. He stated that he indicated to the Region that the City will review its need for the lands in question and if deemed to be surplus, the lands will be evaluated and sold at market price. In response to a request of Mayor Zehr, Fire Chief R. Browning provided further detail with respect to rationale considered relating to emergency response times. Councillor B. Vrbanovic also expressed disappointment with the decision to proceed with a free- standing building and raised concern over the cost implication to taxpayers. Mayor Zehr agreed to convey Council's concerns to the Region. Councillor B. Vrbanovic advised that the Region of Waterloo recently passed a resolution to establish a working group to develop strategies and framework for a by-law to reduce the non-essential use of pesticides, with the membership to include political representation, municipal staff, stakeholders and interest groups. He indicated support for the new working group; however, raised concerns that the importance of an educational campaign, as advocated by the original working roup, had been put COUNCIL MINUTES FEBRUARY 10, 2003 - 52 - CITY OF KITCHENER aside. Accordingly, Councillor Vrbanovic introduced a motion to request the Region to proceed with immediate development of an educational campaign to be implemented during the 2003 growing season. He further requested that Council consider appointment of a staff person and a member of Council to represent the City on the new working group. Councillor M. Galloway also advised that the Association of Municipalities of Ontario is working on a research paper with respect to pesticides, which will be forwarded in the near future to the Region of Waterloo for consideration. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the Regional Municipality of Waterloo be requested to immediately develop an educational campaign to promote the reduction of non-essential use of pesticides; and further, That such educational campaign be implemented for the 2003 growing season." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Councillor B. Vrbanovic, Chair, Kitchener Environmental Committee and Ms. Barbara Steiner, Environmental Planner, be appointed as City of Kitchener representatives to the Regional Municipality of Waterloo's Working Group established to develop strategies and a framework for a by-law to reduce the non-essential use of pesticides." Carried. Councillor M. Galloway referred to development in new subdivisions such as Laurentian Forest and Wyldwoods, where traffic controls have not yet been installed and requested Planning staff to review all new subdivisions to ensure that traffic planning measures are implemented. Councillor J. Gazzola referred to a letter dated February 3, 2003 received from representatives of the Residential Energy Efficiency Project (REEP) thanking Council for its financial contribution of $10,000. toward the project. Councillor Gazzola commented that REEP provides valuable service at the Iow cost of $35. per home inspection to evaluate and provide advice on cost-saving energy efficiencies to residential homeowners. He urged the community to take advantage of the program and provided a contact telephone number (744-9799). Mayor C. Zehr referred to a letter dated February 6, 2003 from Mr. Patrick Cairney, the Tiuni Group, requesting a Noise By-law exemption for the company's annual picnic scheduled for June 7, 2003. Mayor Zehr requested that staff prepare a report for consideration at the February 17, 2003 Finance and Corporate Services Committee meeting. Mayor C. Zehr advised that further to notice given that the Region would hold a public meeting to consider an amendment to the Regional Official Policies Plan to delete the Queen Street - Benton Street Diversion, a report is being prepared by Regional staff for consideration prior to the public meeting to identify all projects that would affect the Victoria Street / Queen Street area. Mayor Zehr advised that he would provide Council with copies of the report when it becomes available. Council agreed to a request from G. Sosnoski, General Manager of Corporate Services & City Clerk, to add a by-law to the agenda for three readings this date to exempt certain lots from Part Lot Control on Pioneer Ridge Drive and Fall Harvest Drive. Moved by Councillor M. Galloway 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 provide for the establishing and laying out of part of Copper Leaf Street as a public highway in the City of Kitchener. (b) Being a by-law to provide for the establishing and laying out of part of Cotton Grass Street as a public highway in the City of Kitchener. COUNCIL MINUTES FEBRUARY 10, 2003 - 53 - CITY OF KITCHENER (c) Being a by-law to provide for the establishing and laying out of part of David Bergey Drive as a public highway in the City of Kitchener. (d) Being a by-law to provide for the establishing and laying out of part of ActiYa Avenue as a public highway in the City of Kitchener. (e) Being a by-law to provide for the establishing and laying out of part of Max Becker Drive as a public highway in the City of Kitchener. (f) Being a by-law to provide for the establishing and laying out of part of Bridlewreath Street as a public highway in the City of Kitchener. (g) 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. (h) To further amend By-law No. $$-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (i) To further amend By-law No. $$-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (j) To further amend By-law No. $$-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. (k) Being a by-law to exempt certain lots from Part Lot Control - Lots 12 to 15, 20 to 23 and 32 to 50, Registered Plan 55M-240 - Highbarry Crescent. (I) Being a by-law to exempt certain lots from Part Lot Control - Part Block 20, Registered Plan 1522 - Orchid Crescent. (m) To confirm all actions and proceedings of the Council. (n) Being a by-law to exempt certain lots from Part Lot Control - Part Blocks 7, $, 9 and 10, Registered Plan 55M-$9 - Pioneer Ridge Drive and Fall Harvest Drive. 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. 7ehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. 7ehr occupied the Chair. 4. Moved by Councillor C. Weylie 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." Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: Carried. FEBRUARY 10, 2003 (a) (b) (c) (d) (e) (0 (g) (h) (i) (k) COUNCIL MINUTES - 54 - CITY OF KITCHENER Being a by-law to provide for the establishing and laying out of part of Copper Leaf Street as a public highway in the City of Kitchener. (By-law No. 2003-22 Being a by-law to provide for the establishing and laying out of part of Cotton Grass Street as a public highway in the City of Kitchener. (By-law No. 2003-23 Being a by-law to provide for the establishing and laying out of part of David Bergey Drive as a public highway in the City of Kitchener. (By-law No. 2003-24 Being a by-law to provide for the establishing and laying out of part of Activa Avenue as a public highway in the City of Kitchener. (By-law No. 2003-25 Being a by-law to provide for the establishing and laying out of part of Max Becker Drive as a public highway in the City of Kitchener. (By-law No. 2003-26 Being a by-law to provide for the establishing and laying out of part of Bridlewreath Street as a public highway in the City of Kitchener. (By-law No. 2003-27 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. 2003-28 To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2003-29 To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2003-30 To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2003-31) Being a by-law to exempt certain lots from Part Lot Control - Lots 12 to 18, 20 to 23 and 32 to 50, Registered Plan 58M-240 - Highbarry Crescent. (By-law No. 2003-32) Being a by-law to exempt certain lots from Part Lot Control - Part Block 20, Registered Plan 1822 - Orchid Crescent. (By-law No. 2003-33) COUNCIL MINUTES FEBRUARY 10, 2003 - 55 - (m) To confirm all actions and proceedings of the Council. (n) CITY OF KITCHENER (By-law No. 2003-34) Being a by-law to exempt certain lots from Part Lot Control - Part Blocks 7, 8, 9 and 10, Registered Plan 58M-89 - Pioneer Ridge Drive and Fall Harvest Drive. (By-law No. 2003-35) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:00 p.m. MAYOR CLERK COUNCIL MINUTES FEBRUARY 10, 2003 - 56 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That amendments to Council Policy 1-345 (Behaviour Management Policy), outlined in Community Services Department report CSD-03-020, be approved as follows: a) That the policy be renamed "Behaviour - Unacceptable Conduct in Community Services Facilities"; and further, b) That clause 3 (e) be deleted and replaced with the following: 'Signage which identifies Policy 1-345 will be posted at all Community Services facilities in a prominent location. Copies of this policy will be available upon request at the facility where staff are on duty.' That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Co-operative Agreement dated December 16, 2002 with Bridging the Gap, as attached to Community Services Department report CSD-03-012, to provide transitional programs for persons approaching retirement or who have recently retired. That the decision of the Arts and Culture Advisory Committee, as recommended by the Public Art Working Group, to award an artist commission to local artist and past City of Kitchener Artist-in-Residence, Sandra Martin, for two oil paintings depicting water scenes along the Grand River, be endorsed; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Commission Agreement, as outlined in Community Services Department report CSD-03-021, with Sandra Martin for the purchase and installation of her artwork; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Site Exhibition Agreement, as outlined in report CSD-03-021, with Sandra Martin and staff of the designated facility to house the artist commission for installation and exhibition of the artwork. That the City of Kitchener decline an invitation to participate in the Provincial and National Edition of the 2003 Communities in Bloom Programs. That continuation on a permanent basis of the functions fulfilled by the Downtown Operations Supervisor and Service Advisor be endorsed, in principle, with specific duties to be defined fully in a new management structure of Community Services Operations currently under development. That the resignation of Rahim Atabahksh from the Arts and Culture Advisory Committee be accepted with regret; and further, That Mr. Martin DeGroot be appointed to the Arts and Culture Advisory Committee for a term to expire November 30, 2003. FINANCE AND CORPORATE SERVICES COMMII-rEE - That the City of Kitchener has no objection to a Provincial Licence being issued to the Concourse Charities Bingo Association, 1356 Weber Street East, Kitchener, to conduct a $10,000. Progressive Bingo Game (Accumulator) on an ongoing basis, commencing March 1, 2003. That the City of Kitchener has no objection to a Provincial licence being issued to Concourse Charities Bingo Association to operate a Twoonie Progressive Game on an ongoing basis during the regularly licensed bingo events being held at 1356 Weber Street East, Kitchener, commencing March 16, 2003. COUNCIL MINUTES FEBRUARY 10, 2003 - 57 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITFEE - (CONT'D) 3. CITY OF KITCHENER That effective March 1, 2003, the water rate be set at $.8559 per cubic metre and the sewer rate be set at $.6420 per cubic metre; and further, That a by-law to implement these rates and approve the operating budgets for the Water and Sewer Enterprises be considered at the February 10, 2003 Council meeting. That Human Resources Policy 11-205 (Loss of Ministry of Transportation (M.T.©.) Licence or Classification) be amended, as attached to Strategic Services Department report SSD-03-003. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from April 17-27, 2003, subject to the following: a) that the hours of operation be: Music April Start Close Down Off Thursday 17 3:30 pm 10:00 pm 8:00 pm 9:00 pm Friday 18 12:00 pm 11:00 pm 8:00 pm 10:00 pm Saturday 19 10:00 am 11:00 pm 8:00 pm 10:00 pm Sunday 20 12:00 pm 10:00 pm 8:00 pm 9:00 pm Monday 21 11:00 am 10:00 pm -- 8:00 pm Tuesday 22 3:30 pm 10:00 pm -- 8:00 pm Wednesday 23 3:30 pm 10:00 pm -- 8:00 pm Thursday 24 3:30 pm 10:00 pm -- 8:00 pm Friday 25 3:30 pm 11:00 pm 8:00 pm 10:00 pm Saturday 26 10:00 am 11:00 pm 8:00 pm 10:00 pm Sunday 27 12:00 pm 9:00 pm -- 8:00 pm b) that the music at the Midway be turned off one hour before closing time excepting those evenings preceding school days when it shall be turned off at 8:00 p.m.; and, c) that music at the Midway be turned down at 8:00 p.m. on evenings preceding non-school days; and, d) that parking arrangements be reviewed with Traffic Planning staff to ensure adequate off- street parking will be provided; and further, e) that the required licence be obtained prior to operating the Midway. That the tendering process be waived and Council authorize the Director of Purchasing to negotiate a contract for the supply of goods and services from URB ©lameter for the purpose of providing an upgraded Itron MV-RS Meter Reading System. That the City of Kitchener commend Ted Arnott MPP for Waterloo-Wellington for his initiative to support transportation initiatives required by the City of Kitchener, and the following be identified as the major transportation needs of Kitchener, in priority order: a) b) c) d) e) The construction of a new Hwy 7 from Kitchener to Guelph; The pursuit of the north-south transit corridor and the Light Rail Transit; A new connection to Highway 401 from south-west Kitchener; Support for the north route high speed rail from Toronto to Windsor; A noise attenuation barrier along Highway 8 in the area of Kingsway Drive; and further, COUNCIL MINUTES FEBRUARY 10, 2003 - 58 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITFEE - (CONT'D) 7. (Cont'd) That this resolution be forwarded to Elizabeth Witmer, Deputy Premier and Minister of Education; Norman Sterling, Minister of Transportation; and Jim Flaherty, Minister of Enterprise Opportunity and Innovation. (As Amended) 8. That the following procedure be approved to implement Council Policy 11-60 (Confidentiality of Information): a) Existing non-union staff in the following areas be required to sign Confidentiality Agreements: i) All Director level positions and up, within the organization, ii) All Executive Assistants to General Managers, iii) District Facilitators within Community Services, iv) The CAO's Office, v) The Mayor's Office, vi) Strategic Services Department, including: · Human Resources · Economic Development · Information Technology, vii) Corporate Services Department, including: · Legal · Legislative Services including Licensing and Corporate Records viii) Financial Services Department, including: · Accounting · Budgets and Financial Services · Revenue; and, b) As part of the strategy of communicating this particular policy to all staff, the following steps have been taken or are planned to be taken: i) All supervisory/management have been familiarized with the contents of the Confidentiality Policy and in turn have been encouraged to make their staff aware of the purpose of this policy, Human Resources has used a series of meetings with all fire fighters to convey the Confidentiality Policy as well as some other key policies to fire personnel, The Confidentiality Policy will be featured in an upcoming H.R. newsletter, The Confidentiality Policy will be highlighted as part of the new staff orientation program to be launched in January 2003; and further, c) That a procedure to implement Council Policy 11-60 (Confidentiality of Information) with existing unionized employees be established at a future date. That the existing Council Policy Nos.: I-1250 (Sewer Connection), 1-1260 (Storm Drain Connections - Private Properties), and 1-1265 ( Sump Pump Connections) be rescinded and consolidated into one new policy; in the form of the draft policy attached to Development and Technical Services Department report DTS-03-022, with the intent that the new policy will: a) Prevent clear ground water or surface water from entering the sanitary sewer system, b) Supply and install, by City forces, a storm connection within the road allowance from the storm sewer fronting the property to the property line for the connection of a sump pump system or backyard drains by the property owner. The City will be responsible for funding 100% of the cost of the work, COUNCIL MINUTES FEBRUARY 10, 2003 - 59 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMI'I-I'EE - (CONT'D) 9. CITY OF KITCHENER (Cont'd) c) Provide funding to the property owner for the installation of a backwater valve within the building for properties affected by sanitary sewer backups. The City will be responsible for funding 100% of the cost of the work; and, That the new policy be administered by the Development & Technical Services Department; and, That an appropriate annual funding level be established for the new policy from the sewer surcharge fund; and further, That expenditures for the new policy be made on a first come - first served basis up to the value of the annual funding level. FEBRUARY 10, 2003 COUNCIL MINUTES - 60 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS - 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Tracey Westfall and Katherine Dang, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted 2003 Adult Entertainment Parlour Attendant Licences." - and - "That Fana Cepovski, Shannon Paetz, Melissa Berry and Tracy Murawsky, employed at 4-808 Courtland Avenue East (Taj Mahal), Kitchener, be granted 2003 Adult Entertainment Parlour Attendant Licences." ii) Refreshment Stand It was resolved: "That the Kitchener Minor Boys Softball Association, P.O. Box 532, Station C, Kitchener, Ontario N2G 4A2, be granted permission to operate a refreshment stand at the following locations: Wilson Park Woodside Park May 30-June 1/03 July 12/03 June 6-8/03 June 13-15/03 August 8-10/03 August 15-17/03 August 22-24/03 provided that the necessary licence is obtained, including Health and Fire approvals." 2. Bridqeport Sewer Repairs - Final Accountinq It was resolved: "That the Mayor and Clerk be authorized to sign the necessary documentation for Earthtech (formerly Procter & Redfern) and Simon Wood Limited, subject to the satisfaction of the City Solicitor, regarding the final accounting and resolution of matters surrounding the Bridgeport Sewer repairs." 3. Tender Dealt with under Delegations.