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HomeMy WebLinkAboutCouncil Minutes - 2003-02-24COUNCIL MINUTES FEBRUARY 24, 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 Brenda Braun-Whiteman, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held February 10, 2003, and special meetings held February 10 and 17, 2003, as mailed to the Mayor and Councillors were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated January 29, 2003, from T. Arnott, MPP, Waterloo-Wellington, advising of acknowledgement received from L. Myers, MP, regarding a proposal to include the City of Kitchener in the Federal riding name. Mr. Leon Bensason, Heritage Planner, attended to present the 2003 Mike Wagner Heritage Awards for Outstanding Achievement, one of which pertains to Clause 1 of the Heritage Kitchener report of this date. The Award recognizes those who have contributed to the conservation of Kitchener's heritage. Mr. Bensason commented that this year's theme 'Our Civic Heritage', appropriately describes the restoration and adaptive re-use of the winning property known as the Provincial Offences Court Complex (formerly the Waterloo County Governor's House and Gaol), 73-77 Queen Street North. He advised that the complex contains the oldest group of government buildings in Kitchener and their construction in 1850 was instrumental in the prosperity and development of the City as it is known today. He provided a multi-media presentation, detailing focal points of the buildings and the former prison exercise yard, now the site of a walled garden and fountain reflective of the time period. Mayor C. Zehr and Councillor M. Galloway then presented the following Awards: Mike Waqner Heritaqe Award - Outstandinq Achievement 73-77 Queen Street North - Provincial Offences Court Complex/Millennium Garden (former Waterloo County Governor's House and Gaol) · Regional Municipality of Waterloo (property owner) Ken Seiling, Regional Chair · The Ventin Group of Architects Limited Paul Sapounzi · Empire Restoration Inc. Chad Sanderson · Wendy Shearer Landscape Architect Limited Wendy Shearer · Alex Landscaping Limited Mike Franck Friends of the Governor's House and Gaol Executive Committee Regional Councillor Jean Haalboom, Co-Chair Pat Wagner, Co-Chair Donna Kuehl Joyce Arndt Susan Hoffman Lorna Ferguson Mr. Ken Seiling, Regional Chair, acknowledged Regional Councillors Jim Wideman, Jean Haalboom and Tom Galloway, also in attendance this date and thanked members of Kitchener Council who had participated in the decision-making process relative to the restoration project. Councillor C. Weylie then presented the following Urban Design Award for restoration and adaptive re-use of the Court complex. COUNCIL MINUTES FEBRUARY 24, 2003 - 64 - CITY OF KITCHENER Urban Desiqn Award - Award of Merit 73-77 Queen Street North - Provincial Offences Court Complex/Millennium Garden (former Waterloo County Governor's House and Gaol) · Friends of the Governor's House and Gaol Executive Committee Regional Councillor Jean Haalboom, Co-Chair Regional Councillor Jean Haalboom thanked Kitchener Council for their encouragement in proceeding with the project, as well as the many volunteers who assisted in raising over $185,000. for the project, and for support given by the community. Mayor C. Zehr recognized Mrs. Pat Wagner, spouse of former Councillor Mike Wagner, for whom the award is named, and extended congratulations on behalf of Council to the 2003 recipients. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Council was in receipt this date of a recommendation pertaining to an amendment to the Electricity Act, 1998, proposed under Provincial Bill 210 (The Electricity Pricing, Conservation and Supply Act, 2002), requiring municipalities who own voting securities in a public electric utility to affirm by resolution whether they will remain as a 'for-profit' business or choose to become a 'not-for-profit' business. The recommendation proposes that the utility remain a 'for-profit' business. Mr. Ron Charie, President / CEO, Kitchener-Wilmot Hydro Inc. (KVVHI), attended in support of the recommendation to re-affirm KWHI as a 'for-profit' business. He advised that KVVHI currently operates as a 'for-profit' business in full compliance with all Provincial and Ontario Energy Board directives. He displayed statistical charts demonstrating that price increases relate to actual commodity charges, over which electrical distributors such as KWHI have no control, and noted that the local portion of electricity pricing has remained unchanged. Mr. Charie pointed out that the utility provides the lowest rates in the Region and the fourth lowest in Ontario. Since 1999 this utility has returned over $13M to its customers, with significant investment in its infrastructure to provide a reliable distribution system well into the future. He suggested that becoming 'not-for-profit' would result in an immediate decrease in the market value of the business by approximately $11M and the utility would lose its ability to direct profits into capital investment thus jeopardizing maintenance of its infrastructure system. Mayor C. Zehr pointed out that it is intended the recommendation be tabled this date, with the issue to be debated at the March 3, 2003 Finance and Corporate Services Committee (FCS) meeting, and any recommendation arising therefrom will be considered at the special Council meeting of the same date. The City is required to advise the Minister of Energy of its position by March 7, 2003. A number of questions were posed by Councillor J. Gazzola, during which Mr. Charie outlined details of ownership and management of the utility; its equity value held in promissory notes; interest income from the promissory notes and potential to use for capital improvements; and disadvantages of operating as 'not-for-profit' concerning impact to pricing and sustainability of its infrastructure. Councillor B. Vrbanovic requested staff to prepare a report for consideration at the FCS meeting outlining pros and cons respecting the issue of incorporation and rationale for a recommended course of action. In response to questions from Councillor G. Lorentz, Mr. Charie advised that investigation into a joint meter reading system between KVVHI and the gas utility has been delayed because of the need to deal with changes in Provincial legislation respecting the electricity rate freeze. He further noted that combining systems is not a simple matter as the gas utility will have to align itself with hydro and may not be cost effective. He advised that a report is expected to be brought forward for consideration within the next six months. In response to questions from Mayor C. Zehr, Mr. Charie advised that the Cities of Toronto, Mississauga, Waterloo and Durham Region, as well as the corporation of Hydro One, have all made COUNCIL MINUTES FEBRUARY 24, 2003 - 65 - CITY OF KITCHENER decisions to remain 'for-profit'. He further explained the concept of how some municipalities have monetorized debt equity and clarified that the electricity rate freeze applies only to designated consumers (households / small businesses). Mr. E. Ginsler attended in response to an advertisement placed in The Record by KVVHI concerning issues related to Bill 210. He advised that he operates a consulting firm for non-profit organizations and in rebuttal to statements made in the advertisement commented that non-profit organizations have the ability to achieve profits that can be used to improve services. In reference to the statement that the utility will lose value should it become a non-profit utility, Mr. Ginsler explained that true value of the business is only relevant if the utility is sold. He also cautioned that too much profit detrimentally impacts Iow-income consumers and while they may receive rebates, they experience hardship with initial billings. He stated that non-profit organizations also have ability to incorporate and suggested that the utility will not be any more vulnerable as non-profit. Mayor C. Zehr clarified that in the context of the hydro legislation, the income of the 'not-for-profit' utilities would be regulated, whereas income of non-profit organizations is not. Mr. Joseph Soulier, Chair of 642 CAW Local 1451, attended on behalf of ThyssenKrupp Budd Canada Inc. Retired Workers and Associates and the Ontario Electricity Coalition regarding issues related to hydro deregulation and Bill 210. He advised of opposition to recent Provincial policies respecting hydro, including that proposed under Bill 210, and suggested a renewed vision for public electrical power is needed. In this regard, he requested consideration of a recommendation to request the Province to rescind Bill 210; abandon plans for deregulation and selling of public generating stations/utilities; and, implement genuine energy conservation policies and expand clean, renewable energy sources. Mr. Soulier provided Council with copies this date of the proposed recommendation and Mayor C. Zehr advised that the recommendation would be taken into consideration during discussion at the March 3, 2003 Finance and Corporate Services Committee meeting. Mayor Zehr pointed out that the municipality has the option of remaining a 'for-profit' business or becoming a 'not-for-profit business; however, advised that if the decision is made to become 'not-for-profit', the municipality will not have option at a future date to return to 'for-profit' status. Councillor J. Gazzola requested that staff clarify if the legislation actually prohibits the municipality from making a future decision to become 'for-profit'. Mr. Reg Weber, Manager of Administrative Services, and Ms. Leta Bulgin, Class System Specialist, Community Services Department, attended to present a demonstration of WEBreg, an on-line program registration system. Mr. Weber advised that in addition to traditional methods, citizens now have the option of registering for all Community Services programs (except minor sports and neighbourhood association programs), from their own home by either telephoning the central number at 741-2819 or accessing the City's website through the Internet. Ms. Bulgin then provided a PowerPoint demonstration of the on-line registration system, pointing out that the site is secured by Verasign Certificate which is the highest level of available security. In response to questions from Councillor J. Gazzola, Ms. Bulgin advised that users can obtain a PIN number immediately by telephoning the central telephone number which operates 24 hours/day, 7 days/week. She commented that additional promotions are planned to publicize the new system. Ms. Christine Legault, Director of Operations, and Mr. Mike Tout, Manager of Operations, Community Services Department, attended to provide an overview of snow clearing performance under new Provincial legislation following heavy snowfall this past weekend. Ms. Legault advised that the City's snow clearing standards generally met criteria under the new legislation with the exception of road patrol and clearing of Class 4 roads (local streets). She commented that the legislation now requires full plow operations for Class 4 roads at snow accumulations of 8 cm rather than 12 cm and pointed out that the weekend snowfall was well in excess of 8 cm requiring full plow operations. Mr. Tout reviewed snow clearing operations over the past three days, advising that by 7:00 p.m. Sunday evening staff had completed 15 hour shifts and under the Highway Traffic Act, were required to go 'off road'. He noted that, at that time, the majority of streets had been cleared; however, vehicles parked on roadways had prevented some local streets from being done. He advised that snow clearing began again early Monday morning and all streets have now been cleared. In response to Councillor C. Weylie, Mr. Tout advised that a policy is in place to allow cars to be towed which requires an on-site meeting with By-law Enforcement staff. He commented that administratively the process is cumbersome and suggested that review is needed to determine an COUNCIL MINUTES FEBRUARY 24, 2003 - 66 - CITY OF KITCHENER appropriate deterrent. Councillor J. Gazzola advised that he had received a number of complaints respecting streets that had not been cleared at the time crews went 'off road' and questioned the feasibility of meeting 100% plowing within the first 24 hours after a snowfall. Mr. Tout advised that crews cannot exceed 15 hour time shifts and at the time crews went 'off road' approximately 95% had been completed. He commented that he believed full clearance could have been achieved had some roads not been blocked by parked vehicles. Mr. J. Fielding pointed out that given the 15 hour time limit, it is apparent the City is too large to accomplish full plow and review is needed to determine where adjustments can be made. Ms. C. Legault advised that staff will review operations to determine service efficiencies; however, she pointed out that staff are attempting to stay within limited funding resources and called on the co-operation of the public to assist road crews by keeping vehicles off the roads during snowfall. Councillor G. Lorentz commented that communication with the public is important and suggested that an education campaign be undertaken to bring awareness to changes in the legislation respecting priority status of the varying classes of road. He also referred to staff's communication to Council and noted that not all roads had been cleared by 7:00 p.m. as indicated in an e-mail transmission. In this regard, he requested that steps be taken to ensure that staff communication is factually correct to avoid incorrect information being relayed to the public. He further requested that staff review priority status of local streets that intersect with major collector roads to ensure that at least the opening to the intersecting street is cleared and also review streets with large hills or curves to traverse. Councillor B. Vrbanovic commented that it is important to maintain perspective in balancing expectations with budget limitations. He also suggested that advertisements conveying information with respect to snow clearing that appear in late Fall should be continued throughout the winter season to remind the public of the importance of keeping vehicles off the road during snow plow operations. Councillor M. Galloway requested that staff provide information with respect to the measures taken to address changes to the legislation at the time the changes were introduced. Members of Council commended staff for their efforts during the weekend storm and asked that comments expressed this date be taken into consideration during review of snow clearing operations. Mr. Marty Wasilka attended with respect to Clause 7 of the Development and Technical Services Committee report. He suggested that the process for Community Improvement Plans dealing with brownfield development and re-development have wider public consultation and opportunity for affected neighbourhoods to participate in development of the planning process. He further suggested that reduction or elimination of development charges fees for eligible sites be considered as an incentive to provide guidelines to encourage heritage preservation and incentive for people to choose to live in re-developed sites. Mr. Wasilka requested inclusion of inner-city neighbourhoods in the planning process for development of policy regarding Community Improvement Plans for brownfield / re-development. Mr. Bill Bailey-Bauman, Vasili Bailey-Bauman Construction Limited, attended and advanced the suggestion that the City review staffing levels to ensure the Corporation is receiving 100% productivity from its existing staff complement. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Mr. JeffWillmer, Director of Planning, commented on Clause 5 of the report, providing explanation of the proposed amendment to the Municipal Plan dealing with Community Improvement Plans for brownfield and re-development areas. Mr. Willmer acknowledged earlier comments of Mr. Wasilka and advised that staff will undertake to include affected neighbourhoods in the planning process. The report was then voted on and Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." COUNCIL MINUTES FEBRUARY 24, 2003 - 67 - CITY OF KITCHENER Councillor G. Lorentz referred to Clause 4 of the report concerning an agreement with Andrew McKay for operation of remote control sailboat rentals on Victoria Park Lake and advised that Mr. McKay has withdrawn his proposal. Accordingly, it was agreed to withdraw this recommendation from the report. Councillor J. Gazzola referred to Clause 5 of the report dealing with installation of a commemorative plaque to recognize the famous 'Kraut Line' at the Kitchener Memorial Auditorium Complex. Councillor Gazzola raised concern with the administrative fee proposed for City staff assistance with respect to this project and suggested that staff review this practice relative to future projects. Councillor B. Vrbanovic commended Mr. Fred Bishop and members of the 'Kraut Line' Recognition Committee for pursuit of this project and agreed that the administration fee for City staff should be reviewed. He suggested that a policy be developed to allow these costs to be recovered in such a manner that would not have impact to the taxpayer. Councillor G. Lorentz referred to Clause 6 of the report and commended the Optimist Club of Forest Heights and the Forest Heights Community Association for their efforts in raising funds to improve the Forest Heights Community Centre. The report was then voted on Clause by Clause. Clause 4 - Recommendation Redundant and not considered as the matter was Withdrawn. Balance of report - Carried. Councillor J. Gazzola referred to Council's January 13, 2003 resolution concerning discontinuance of the Victoria Park Lake Skating Program. He stated that he was of the understanding funding had been retained in a reserve to allow re-instatement of the program, weather permitting, and given current cold weather conditions, questioned if it was feasible to re-instate the program at this time. Mr. F. Pizzuto advised that water flow from the storm water management facility under the lake remains a concern with regard to maintaining a safe natural ice surface. He suggested that it is too late in the season to revisit skating on the lake; however, advised that staff would review provision of a skating surface either on the lake or within the common area for next season. Councillor B. Vrbanovic referred to the recent tragedy in Rhode Island, USA, in which a nightclub was destroyed by fire and had involved a band using pyrotechnics as part of their performance. In this regard, he questioned if a similar occurrence could happen within the municipality and what measures are in place to deal with such emergency situations. Fire Chief R. Browning advised that use of pyrotechnics in Ontario is regulated by the Ministry of Natural Resources and those conducting displays within Kitchener are also required to obtain a Fire Works Permit. He advised that the Fire Department has extensive fire prevention programs and conducts regular, as well as random, inspections of all nightclub facilities. He further commented that the general public should ensure that they make themselves aware of the location of emergency exits and safety features of any building when attending events at such facilities. Councillor J. Gazzola referred to recent public information meetings held regarding development plans for McLennan Park and proposed construction of a pedestrian bridge over the Grand River as part of the Walter Bean Trail. In this regard, he advised that members of the public who had attended requested that information be provided on the City's website pertaining to the two projects and asked that staff comply with this request. Mayor C. Zehr advised that the Regional Municipality of Waterloo is undertaking construction of a three-storey, 32-unit apartment building for seniors on the site of the Sunnyside Home and noted that unveiling of initial drawings at a recent neighbourhood meeting was well received. Councillor C. Weylie requested that staff determine if the Sunnyside development would be subject to municipal development charges and provide this information to Council. Councillor J. Smola advised that he has received calls from constituents opposed to the proposed location of the Regional Emergency Medical Services Waiting Station at Nottingham Avenue and Ottawa Street North and stated that he was in support of their position. He questioned when this matter was to come forward for discussion and Mayor C. Zehr requested staff provide an update for the March 3, 2003 Finance and Corporate Services Committee meeting. COUNCIL MINUTES FEBRUARY 24, 2003 - 68 - CITY OF KITCHENER 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 ActiYa Avenue, Sweet William Street, Periwinkle Street, Donnenwerth Drive and Yarrow Court. 4. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. $$-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. $$-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. $$-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to designate part of the property municipally known as 393 Tilt Drive in the City of Kitchener as being of historic and architectural value. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 19, Registered Plan 55M-267, and Lot 14 and Part of Lot 13, Registered Plan 55M-209 - ActiYa Avenue, Sweet William Street, Periwinkle Street, Donnenwerth Drive, Yarrow Court. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. 7ehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. 7ehr occupied the Chair. 5. Moved by Councillor J. Gazzola Seconded by Councillor J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. 6. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. $$-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2003-36) (b) To further amend By-law No. $$-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2003-37) COUNCIL MINUTES FEBRUARY 24, 2003 - 69 - CITY OF KITCHENER (c) To further amend By-law No. $$-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. (By-law No. 2003-35 (d) Being a by-law to designate part of the property municipally known as 393 Tilt Drive ~n the City of Kitchener as being of historic and architectural value. (By-law No. 2003-39) (e) To confirm all actions and proceedings of the Council. (By-law No. 2003-40) (f) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 19, Registered Plan 58M-267, and Lot 14 and Part of Lot 13, Registered Plan 58M-209 - Activa Avenue, Sweet William Street, Periwinkle Street, Donnenwerth Drive, Yarrow Court. (By-law No. 2003-41) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 9:35 p.m. Carried. MAYOR CLERK COUNCIL MINUTES FEBRUARY 24, 2003 - 70 - DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. CITY OF KITCHENER That parking be prohibited at any time on the west side of Edwin Street from a point 90 metres south of Blucher Boulevard to a point 150 metres south of Blucher Boulevard; and further, That the Uniform Traffic By-law be amended accordingly. That stopping be prohibited at any time on both sides of Gaukel Street from King Street West to Charles Street West; and further, That the Uniform Traffic By-law be amended accordingly. That the existing intersection stop control on Bridlewreath Court at Bridlewreath Street be removed and that a stop sign be installed on the south leg of Bridlewreath Street at Bridlewreath Court; and further, That the Uniform Traffic By-law be amended accordingly. That signing authority be delegated to the General Manager of Development and Technical Services to sign an agreement to extend a licensing agreement to permit gas pipe crossing of Goderich-Exeter Railway with Rail America Inc. The term is from March 1, 2003, with periodic reviews, at a cost of $120.00 payable annually, in advance. The location is for an 8" gas main pipeline crossing at Lennox Crescent, Block 62, Highland West Subdivision; and further; That signing authority be delegated to the General Manager of Development & Technical Services to sign any future agreements for Utility Crossing agreements between the City of Kitchener, and Canadian Pacific Railway Company, or Rail America, parent company for Goderich Exeter Railway Company Ltd. on behalf of the City. That Municipal Plan Amendment Application 02/13/TC/TB (Community Improvement Area - City Initiated), to revise the Community Improvement Section of the Kitchener Municipal Plan, be approved, as follows: The Introduction, Objective and Policies 1, and 2 of Part II Section 5.4 (Community Improvement) are deleted, and replaced with the following: "The community improvement policies contained in this section of the Municipal Plan provide the basis for undertaking community improvement plans and community development projects to help ensure the ongoing maintenance, improvement and rehabilitation of Kitchener's industrial, commercial, residential and public areas. Community improvement plans and community development projects may be undertaken in conjunction with senior levels of government funding assistance programs and shall be subject to the eligibility and implementation regulations of such programs and the priorities and availability of municipal funding. Objective To maintain, improve and rehabilitate Kitchener's current and former industrial, commercial, residential, and public areas. Policies All lands within the City Limits of the City of Kitchener are considered eligible for Community Improvement initiatives, and eligible to be designated as a "Community Improvement Project Area", pursuant to the provisions of Section 28 of the Ontario Planning Act. Throughout the City of Kitchener, there exist areas that have one or more of the following characteristics: COUNCIL MINUTES FEBRUARY 24, 2003 -71 - CITY OF KITCHENER DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 5. Cont'd i) vi) vii) The presence of conflicting land uses; The presence of old residential, industrial and commercial buildings and properties that are in need of upgrading, rehabilitation, or replacement; Deficient local parks and recreation facilities in terms of size, space, location, access, landscaping, grading or equipment. Deficient sanitary sewers, storm sewers, hydro, water systems or other infrastructure; Deficient streetscapes in terms of poor roads, curbs, sidewalk, boulevards, tree planting, street furniture and street lighting; Inadequate flood protection; or Are in need of environmental, social or community economic development." B. Policy 3 of Part II - Section 5.4 is deleted in its entirety. C. Map 1 - "Community Improvement Areas" is deleted. It is the opinion of this Committee that approval of this Municipal Plan Amendment is proper planning for the City. That a No Stopping Anytime zone be established on both sides of Lancaster Street from Frederick Street to Chapel Street; and, That the Uniform Traffic By-law be amended accordingly; and further, That Transportation Planning staff be directed to monitor the Frederick / Lancaster Street intersection for any changes in traffic conditions once the Tim Horton's restaurant is open. That development charges not be waived or deferred at this time, pending the completion of the Community Improvement Plan (CIP) for central neighbourhoods which will define a comprehensive City wide approach to affordable housing; and further, That any reductions in development charges for affordable housing that result from the completion of the proposed CIP for central neighbourhoods be made retroactive to building permits issued after February 24, 2003. That Council re-approve the preferred alignment for the Middle Strasburg Creek Trunk Sanitary Sewer, between Huron Road and Bleams Road, as outlined in the Schedule 'B' Class Environmental Assessment Report dated April 14, 1998 and verified by an Addendum Report dated January 2003 prepared by Stantec Consulting Limited. That Kitchener Environmental Committee commends the Region of Waterloo on its Growth Management Strategy initiative, as detailed in the Region's study entitled 'Waterloo Region in the 21st Century - Planning Our Future - Phase 2 Strategy Development'; and, That the Region of Waterloo be advised the Environmental Committee strongly endorses the concept of a countryside line (hard-edge) urban growth management strategy; and further, That notwithstanding consensus was not reached regarding preference between a moderate or intensive re-urbanization strategy, the Committee requests City staff to take into consideration all comments made during review of the Region's report, when preparing their report outlining the City's perspective of how it will fit within the Region of Waterloo's Growth Management Strategy process for future consideration of City Council. COUNCIL MINUTES FEBRUARY 24, 2003 - 72 - CITY OF KITCHENER COMMUNITY SERVICES COMMITTEE - That the notice of termination received from Next Presentations Canada Ltd. dated January 27, 2003 be accepted, regarding the Promotion Agreement dated October 1, 2001 pertaining to concert exclusivity for events at the Kitchener Memorial Auditorium Complex; subject to the ongoing obligations contained in the agreement following termination. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Patrick Cairney for a company party for the Tiuni Group at 44 Fairfield Avenue, between the hours of 4:00 p.m. and 6:30 p.m. on June 7, 2003, with a scheduled rain date of June 14, 2003. That a right of access over City owned land known as Block 90, Registered Plan 1495, (off Anvil Street) be granted to Sestan Electric Construction Limited (or any successors thereto), to permit continued pedestrian and vehicle access to Sestan's remaining land forming part of Part 1 on Plan 58R-8062, which is located west of the City's expropriated land being Part 4 on Plan 55R-13325; and, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute any necessary documents to give effect to such right of access; and further, That such right of access continue until Block 90 is opened as a road or Sestan Electric Construction Limited, by agreement or order of the Ontario Municipal Board, takes possession of all or part of Block 90, and subject to the satisfaction of the City Solicitor, the Mayor and Clerk are hereby authorized to execute any necessary documents to give effect to the latter. That approval in principle be given to an agreement with Andrew McKay regarding remote control sailboat rentals on Victoria Park Lake, as set out in Community Services Department report CSD-03-025; with the agreement to be presented at a future Community Services Committee meeting for final approval. (Recommendation Redundant and Not Considered as the Matter was Withdrawn) That approval be granted, in principle, to install a wall mounted granite commemorative of Kitchener-Waterloo's famous 'Kraut Line' at the Kitchener Memorial Auditorium Complex, as outlined in Community Services Department report CSD-03-025; and further, That a general provision grant in the amount of $10,000. be approved, in principle, in support of the project; with final approval being contingent on the balance of the project funds being raised prior to commencing the project. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a 5 year lease and any other necessary documents with the Optimist Club of Forest Heights; and if required the Forest Heights Community Association, regarding a portion of land located at the rear of the Forest Heights Community Centre at 1700 Queen's Blvd. for use and placement of playground equipment, as generally set out in Community Services Department report CSD-03-031; and further, That such authority be subject to the Optimist Club of Forest Heights raising or receiving the funding for, and purchase of, the playground equipment. That the policy appended to Corporate Services Department report CRPS-03-026 relative to public notification required but not prescribed under the Municipal Act, 2001 as amended, be adopted as Council Policy; and further, That staff be directed to investigate and report on development of a further policy or policy amendment regarding public notices outside of those required in the Municipal Act, including such notice as may be advisable to promote open and accessible government. FEBRUARY 24, 2003 HERITAGE KITCHENER - 1. COUNCIL MINUTES - 73 - CITY OF KITCHENER That 73-77 Queen Street North (former Waterloo County Governor's House and Gaol) be presented a 2003 Mike Wagner Heritage Award in the Outstanding Achievement category. (Dealt with under Delegations and Carried) FEBRUARY 24, 2003 COUNCIL MINUTES - 74 - 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. Licence 3. i) Refreshment Stand It was resolved: "That the Greek Orthodox Community of K-W & Cambridge, be granted permission to operate a refreshment stand, on their premises at 527 Bridgeport Road East, Kitchener, on June 7 and 8, 2003, provided that the necessary Licence including Fire and Health approvals are obtained, and that a nominal fee of $10.00 be applicable; and further, That since this Festival is a celebration of our ethnic diversity it be declared an event of 'Municipal Significance' for the purpose of liquor licensing." Taq Day Request - Royal Canadian Sea Cadets #94 WARSPITE Council was in receipt of correspondence from Mrs. S. Bushfield, Tag Day Co-ordinator, K-W Navy League Branch, dated February 10, 2003, requesting permission to conduct Tag Days on April 11 and 12, 2003. It was resolved: "That Council grant the request of the Royal Canadian Sea Cadets #94 WARSPITE for permission to conduct Tag Days on the evening of April 11 and all day April 12, 2003, at various malls, grocery stores, liquor store entrances, as outlined in correspondence from S. Bushfield, dated February 10, 2003." K-W Parents of Multiple Births Association - One Day Sale Council was in receipt of Corporate Services Department report CRPS-03-030 (J. Koppeser), dated February 19, 2003, advising of no objection to the holding of a one day sale. It was resolved: "That the City of Kitchener has no objection to K-W Parents of Multiple Births, P.O. Box 23011, Krug Postal Outlet, Kitchener, ON, N2B 3V1, being granted permission to hold a Spring Used Children's Clothing and Equipment Sale at Bingeman Park in the City of Kitchener on April 12, 2003; and further, That the $10.00 nominal fee be applicable."