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HomeMy WebLinkAboutCouncil Minutes - 2003-03-31COUNCIL MINUTES MARCH 31, 2003 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor M. Galloway. The meeting began with the singing of "O Canada" by the Monsignor R.M. Hailer School Choir, under the direction of Marilyn Koehler. With respect to Clause 2 of the Development and Technical Services Committee report, Fire Chief R. Browning introduced Firefighter Rob Martin and his German Shepherd, 'Zeus', who are in training to become the City's first Canine Heavy Urban Search and Rescue Team. Firefighter R. Martin explained the disciplines in the search and rescue training process which are used to track live human scent in rubble of collapsed buildings and trenches or elsewhere. He advised that Zeus will undergo testing in September 2003 for accreditation under the Federal Emergency Management Agency standards. In response to Councillor J. Gazzola, Fire Chief Browning advised that approximately $6,000. will be required to complete the training process and it is intended to actively pursue sponsorship / partnerships in support of the five-year pilot project. He also advised that to date approximately $1,800. has been raised in voluntary donations by the Corporate Management Team. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Clause 2 of the Development and Technical Services Committee report be adopted." Carried. On motion by Councillor G. Lorentz, the minutes of the regular meeting held March 17, 2003, and special meetings held March 17 and 24, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated March 25, 2003 from L. Myers, MP, Waterloo-Wellington, acknowledging receipt of Council's resolution regarding Canada's stance on the war in Iraq. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Council was in receipt this date of a revised memorandum from L. Gordon, dated March 26, 2003, respecting Tender T03-002 (Road and Surface Construction). He advised that the revised memorandum more accurately details the sources of funding and the recommendation has been revised to authorize extension of the contract up to the budgeted amount to complete other priority road and surface projects as identified throughout the year. In response to Councillor J. Gazzola, Mr. Gordon confirmed that an existing priority listing was used in determining which projects will proceed. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T03-002, Road and Surface Construction be awarded to Warren Bitulithic Limited, New Dundee at their tendered price of $2,644,882.76, including provisional items and contingencies of $68,830.11 and G.S.T.; and further, That staff be authorized to extend this contract up to the budgeted amount to complete other priority road and surface projects as identified." - and - "That Proposal P03-007, Ice Covering System - Dom Cardillo Arena, be awarded to Innovative Arena Products Inc., Mississauga, at their proposed price of $152,176.67 plus GST & PST." Carried. Ms. Lorraine Green attended on behalf of the Kitchener Division Girl Guides to announce a new partnership with Dare Foods to locally produce Girl Guide cookies. Ms. Green was accompanied by COUNCIL MINUTES MARCH 31, 2003 - 99 - CITY OF KITCHENER Brownie Danielle Duvey, Girl Guide Deanna Duvey and Pathfinder Heather Ireland, who presented complimentary boxes of Girl Guide cookies to Council and cookie samples to staff and the audience. Ms. Green advised that the cookies are being sold at $4. per box and orders can be placed by calling telephone number 893-5166. Mr. Richard Parent, City Traffic & Parking Analyst and Chair of Upper 59 Productions, attended with respect to the 13th Annual Rock Revival Show held on February 28, 2003 at the Budd Minor Soccer Park facility. He advised that the show is a live production of lip-syncing acts performed by past and present City staff, as well as members of Council. Mr. Parent introduced members of the Executive Committee in attendance this date, acknowledging their efforts in organizing a very successful show. He also acknowledged the contributions made by Council, staff and Paul Black of Black Magic Sound. He advised that in support of The Food Bank approximately 200 lbs. of peanut butter was collected, in addition to $3,500. in donations. Ms. Dayna Giorgio, Special Events Co-ordinator, accepted the donation from Mr. Parent and noted that The Food Bank has received over $25,000. in donations as a result of its 13-year association with this event. The following individuals were presented Awards of Merit and Certificates of Service in recognition of serving on special Committees and Boards under the jurisdiction of City Council. Many of the recipients were in attendance this date and personally received their Awards / Certificates which were presented by Mayor C. Zehr and individual members of Council. A Certificate of Service is given for up to five years of service and an Award of Merit for service in excess of five years. Awards of Merit Patricia Wagner Tony Duscio James Currie Carolyn Martindale Glen Soulis Certificates of Service David Heil Tracey Henderson Isabella Stefanescu Warren Stauch Gary Goeree Brian Scott Bryan Stortz Maureen Sawa Sandro Bassanese Hussein Alsafouti Howard Marr Geraldine Engel Chandrika Anjaria Frank Wende Bruce Krafchek Jan Kos John Clinckett Ms. Rosemary Pitfield, Director of Communications / Marketing, introduced Mr. Rob Grein, Senior Research Consultant and representative of PMG Consulting, a Waterloo-based firm retained to conduct a public opinion survey in Kitchener. Ms. Pitfield advised that in response to the City's service mandate the purpose of the survey is to gauge perceptions of Kitchener residents on a number of key issues including: the general quality of life offered in the community, service delivery, tax levels, Downtown redevelopment and Corporate communications. She commented that use of such surveys should continue on a regular basis with the goal to better serve citizens by asking for their needs and opinions and responding pro-actively. Mr. R. Grein advised that PMG Consulting developed the Quality Management Assessment Study (QMAS) survey to assist regional and local governments across the country in better understanding the perceptions communities have with respect to core services, elected and management officials, and the general quality of life in their community. He gave a presentation outlining the findings of the survey, conducted in Kitchener by telephone interview of 353 respondents. Mr. Grein commented on the findings of a comparative analysis between the level of importance and the level of satisfaction of each attribute measured. He advised that overall results indicate residents believe the City is a good place to live, provides good service delivery and does a fairly good job in communicating issues to the public; however, he drew attention to the lack of awareness respecting the City's Downtown re-development initiatives and pointed out that among other venues, residents suggested more special events are likely to encourage increased visitation to the Downtown. Mr. Grein responded to several questions, commenting on validity of results; service delivery and tax level issues; and use of the survey by other regional and local governments. COUNCIL MINUTES MARCH 31, 2003 - 100 - CITY OF KITCHENER In response to Councillor B. Vrbanovic, Ms. Pitfield advised that staff are reviewing the survey results as they relate to each area of the Corporation and suggested that consideration should be given to undertaking additional surveys to delve further into some of the issues raised by the original survey. Ms. P. Houston, General Manager of Financial Services & City Treasurer, added that staff will look at combining results of the survey with the Corporate strategic planning process. Mayor C. Zehr advised that presentation of the Kitchener-Wilmot Hydro / Kitchener Power Corporation Annual Report, to be given this date by Mr. Ron Charie, President of the Corporations, has been postponed until the May 5, 2003 Council meeting. Mr. Eric Haldenby, Principal Investigator, Waterloo CURA (Community University Research Alliance), attended with respect to Item B.8 of the Committee of the Whole agenda of this date to present an overview of the organization's Year 1 Operational and Program Progress Report. Mr. Haldenby advised that the CURA program is funded by a three-year Federal grant and by matching contributions from community partners in Waterloo. He pointed out that the purpose of the program is to form community research alliances to make research in the field of social sciences more relevant to Canadians and focuses on applied research to explore and address challenges associated with planning, design and environmental management of core areas in mid-sized cities. He commented on Kitchener's current and future project participation. Mr. Haldenby responded to a number of questions, expanding on the financial partnership contributions to the program and first-year accomplishments, and noted that community partnership contributions played an instrumental role in the program receiving the maximum possible grant funding from the Social Sciences and Humanities Research Council of Canada. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the City of Kitchener receive the Waterloo Community University Research Alliance (CURA) Year 1 (2001/2002) Operational and Program Progress Report for information; and further, That the City of Kitchener support the application by CURA to the Social Sciences and Humanities Research Council for a two-year extension of the $200,000. annual grant to further study the problems and solutions for the revitalization, stabilization and enhancement of core areas in mid-sized Canadian cities and commit to a continued contribution of $25,000. in-kind contributions of staff time, operating expenses and waiving of taxes for 2004 and 2005." Carried Unanimously. Mr. Dean Zinken and Ms. Stephanie Rasmussen attended to discuss future uses of glass blowing equipment and the secure storage of other articles with potential historical value currently stored at the City's Guelph Street facility. Mr. Zinken displayed pictures of the Bullas Fountains, tablets and columns from the old City Hall and light standard fixtures originally located in Victoria Park; and requested that consideration be given to restoration and relocation of these artifacts to the new City Hall or Victoria Park. Ms. Rasmussen advised that she is a College graduate in the art of glass blowing and requested consideration be given to establishing a glass blowing studio. The delegations suggested that they be allowed to view and inventory existing glass blowing equipment to determine its viability for use in the proposed studio. In response to Councillor G. Lorentz, Ms. Rasmussen advised that she did not intend to purchase the equipment but rather would like to work with the City to establish a residency program for glass blowing artists. Mayor C. Zehr advised that the City has no current plan for use of the glass blowing equipment; however, pointed out that staff are aware of the artifacts and the City does have an inventory. He also noted that historical artifacts from the old City Hall have been incorporated into the new building and another piece will shortly be unveiled at the opening of the new Children's Museum. Councillor B. Vrbanovic requested that staff provide a brief report including the inventory list, potential for placement of historical artifacts in existing or future City facilities and indication that artifacts are properly stored for preservation. Councillor G. Lorentz stated that it was important to formulate a strategy for use of the historical artifacts and requested that photographs also be provided with the report. Ms. P. Houston pointed out that a report respecting the glass blowing equipment is pending COUNCIL MINUTES MARCH 31, 2003 - 101 - CITY OF KITCHENER on the Community Services Committee's unfinished business agenda. Facilities Management staff will report on the other artifact issues raised by Council and the delegation this date. Council was in receipt this date of Community Services Department report CSD-03-055, dated March 26, 2003, prepared in response to Council direction, concerning Clause 7 of the Community Services Committee report dealing with a grant request from the Waterloo Region Healthy Communities Coalition to assist with operational expenses for the 'From the Ground Up Healthy Communities Forum' to be held May 2-3, 2003 at St. Andrew's Presbyterian Church, Kitchener. Mr. Edwin Laryea, Chair, 'From the Group Up' Steering Committee, attended in support of Clause 7 and stated that the Coalition strives to encourage active participation of marginalized people in developing strategies and solutions to social problems within their community. He commented on the success of last year's conference and stated that the organization's efforts may not be immediately tangible. However, he expressed the opinion that benefit will be seen in long term results and urged Council to support this initiative. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 7 of the Community Services Committee report be adopted." Carried. Ms. Michele DesRosiers, DesRosiers Property Management, attended in support of Item B.9ii) of the Committee of the Whole agenda respecting the decision of the Committee of Adjustment relative to Submission No. SG 2003-003 (Highland Corners Shopping Center Limited). Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That the application of Highland Corners Shopping Center Ltd. (SG 2003-003) requesting permission to erect a pylon sign with a setback from Westmount Road and from Highland Road of 0 m rather than the required 0.4 m (1.31 ft.), with the sign to have an obstructed clearance between the copy portion of the sign and grade of 0.91 m (3 ft.) rather than the required unobstructed clearance of 2.44 m (8 ft.) and permission to use this as a non- accessory sign on Part Lots 20 & 21, Registered Plan 1004, being Parts 3, 4 & 6, Reference Plan 58R-12467, 491 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the applicant shall obtain a sign permit prior to erecting the sign, which shall be generally in accordance with the drawings submitted with the application. 2. That permission to use this sign as a non-accessory sign shall be restricted to only those uses located at 525 Highland Road West." Carried. Council was in receipt this date of Strategic Services Department report SSD-03-012, dated March 26, 2003, respecting Clause 1 of the Economic Development Advisory Committee (EDAC) report dealing with issues raised by EDAC relating to the future of employment lands in context with the Regional Growth Management Strategy study. Mr. Hans Pottkamper, EDAC member, attended in support of the recommendation which encourages the Region of Waterloo to begin the process of formulating a joint strategy for development of employment lands in the Region. He specifically addressed lands surrounding the Regional airport, commenting on the need to develop a co-operative strategy for development of these lands to provide for shared infrastructure investment, equitable revenue sharing and a sizeable area of employment to benefit communities in the Region. Mr. Pottkamper commented on the complexities of a co-operative development process and stressed the need to begin now to ensure the Region remains competitive with other Regions bordering the Highway 401 corridor. He strongly urged Council to take a leadership role in pro-actively convening a joint task force of all relevant stakeholders concerned with this issue. In response to questions, Mr. G. Borovilos, Director of Economic Development, clarified that prior to expending any funds to undertake studies, the City is only being asked at this time to initiate discussions that will focus on identifying the issues and all stakeholder participants. Councillor J. COUNCIL MINUTES MARCH 31, 2003 - 102 - CITY OF KITCHENER Smola commented that completion of the Grand River trunk sanitary sewer line and the new Highway 7 will be key factors in strategy development and will require the co-operation of several local and upper tier levels of government. 1. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Economic Development Advisory Committee be adopted." Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development and Technical Services Committee be adopted." Carried. - Dealt with under Delegations and The report was then voted on Clause by Clause. Clause 2 Carried. On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 6 of the report to revise the wording of the first sentence in the third paragraph to now read: "That the Province of Ontario be requested to undertake legislative changes, if necessary, ....". Clause 6 - Carried, as Amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Councillor G. Lorentz spoke to Clause 11, commending staff for taking a progressive approach to meet user demand for provision of premier, full-size athletic fields by maximizing use of existing school board sportsfields. Councillor J. Gazzola requested that Clause 8 be dealt with separately. He stated that he would prefer to limit the grant funding to $10,000. this year and if proven successful, consider additional funding for these events in future. Councillors G. Lorentz and B. Vrbanovic commented on the benefits of establishing a high profile event in the Downtown to tie-in with the culturally diverse east end Market District and pointed out that the proposal also fits in with the value placed on special events as illustrated in the public opinion survey presented earlier this date. The report was then voted on Clause by Clause. Clause 7 - Dealt with under Delegations and Carried. Clause 8 - Carried. Balance of report - Carried. Councillor C. Weylie requested that Clause 6 be dealt with separately and advised that a minor amendment to the wording of the third paragraph of the Clause is proposed. In this regard, Mr. J. Willmer advised that further discussion has taken place with the Province, and clarified legislation is already in place to allow the Region of Waterloo to participate in brownfield site remediation incentive programs. Accordingly, he suggested that it would be more appropriate to request the Province to make legislative changes 'if necessary'. COUNCIL MINUTES MARCH 31, 2003 - 103 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Services Committee be adopted." In respect to Clause 4, Councillor J. Gazzola asked that all options referenced in the staff report presented to the Finance and Corporate Services Committee concerning the proposed development of the Centre Block be fully investigated. He reiterated concern that the concept of a new main library appears to have been given priority status and reminded that funding for a new library is not included in the 10-year Capital Forecast. Mayor C. Zehr advised that the Centre Block Steering Committee has been charged with responsibility to fully investigate all options and there is no commitment at this time to proceed with a new library. Councillor J. Gazzola spoke to Clause 6 concerning the proposed 20% increase in the supply component of natural gas and requested that staff monitor the market and in the event of a downward trend, adjust the City's rates accordingly. In response to Councillor J. Smola, Ms. P. Houston advised that while the City's rates will be higher than other municipalities in the Region for a short period of time as a result of the increase, rate increases are also pending in other municipalities that will surpass Kitchener. With respect to the recommendation listed as Clause 5 of the report, Councillor Vrbanovic advised that the motion at the Finance and Corporate Services Committee meeting to approve the request from Joseph Schneider Haus to reduce the licence fees for the Herb Fair and the Heart and Hand (Storytelling) Festival was lost on a tie vote, but the Committee requested further information from staff. Councillor G. Lorentz suggested that the Region of Waterloo should be required to pay the full licence fee. A motion was introduced as Clause 5 by Councillor B. Vrbanovic, seconded by Councillor C. Weylie, providing that the licence fee for the Herb Fair on May 3, 2003, and the Heart & Hand (Storytelling) Festival on September 27, 2003, taking place at the Joseph Schneider Haus be reduced to $10., and that officials of the Joseph Schneider Haus be encouraged to find alternate funding sources as licence fee reductions for future events will no longer be considered. A motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, to defer and refer consideration of Clause 5 of the report to the April 14, 2003 Council meeting was voted on and Lost. Councillor B. Vrbanovic pointed out that Council was to have received an additional report from staff pertaining to the staff recommendations listed as Clause 7 of the report, outlining the organizational and financial structure of the Business & Education Partnership of Waterloo Region. Mr. R. Gosse, Deputy City Clerk, advised that staff had been unable to complete the report due to illness and requested the matter be deferred and referred to the upcoming special Council meeting. On motion by Councillor B. Vrbanovic, seconded by Councillor C. Weylie, it was agreed that the recommendations as listed under Clause 7 of the report be deferred and referred to the April 7, 2003 special Council meeting, pending receipt of additional information requested of staff. Councillor B. Vrbanovic advised that the staff recommendation listed as Clause 9 of the report had been deferred to allow an opportunity to inquire if Councillor C. Weylie had interest in being appointed as the second Council member to the Dog Designation and Animal Designation Appeal Committees. Councillor C. Weylie declined the invitation for appointment. On motion by Councillor B. Vrbanovic, seconded by Councillor C. Weylie, it was agreed that Councillor J. Gazzola be appointed as the second Council member to the Dog Designation and Animal Designation Appeal Committees for a term to expire November 30, 2003 and Councillor G. Lorentz be appointed as an alternate. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 4 - Carried, Unanimously. Clause 5 - A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors C. Weylie and B. Vrbanovic. MARCH 31, 2003 COUNCIL MINUTES - 104 - CITY OF KITCHENER Contra: Councillors G. Lorentz, J. Smola and J. Gazzola. Absent: Councillor M. Galloway. Motion Lost on a tie vote. Clause 7 - Deferred and referred to the April 7, 2003 special Council meeting, pending further information from staff. Clause 9 - Carried, as Amended. Balance of report - Carried. Mayor C. Zehr advised that the Region of Waterloo approved installation of traffic control signals at the intersection of Ottawa Street North and Stanley Park Mall in conjunction with renovations to the mall property. In addition, he advised that Regional funding has been approved for a public education campaign relative to the West Nile Virus. Councillor J. Gazzola advised that he had visited staff of the Bramm Street Yards to discuss his comments concerning a recent staff report dealing with evaluation of winter storm operations. For information of the community, he pointed out that motor vehicles parked on roadways remains the biggest obstacle in achieving 100% snow removal from City streets within the first 24-hour cycle of heavy snowfall. Council agreed to a request from G. Sosnoski, General Manager of Corporate Services & City Clerk, to add a Zoning By-law to the agenda for three readings this date relating to Clause 1 of the Development and Technical Services Committee report. 5. 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) To further amend By-law No. $$-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (b) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (c) Being a by-law to provide for the establishing and laying out of part of Windflower 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 Windflower Drive as a public highway in the City of Kitchener. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Israel Hewson - Victoria Street South. 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. MARCH 31, 2003 6. COUNCIL MINUTES - 105 - CITY OF KITCHENER Moved by Councillor G. Lorentz 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." Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) Carried. 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. 2003-54) (b) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2003-55) (c) Being a by-law to provide for the establishing and laying out of part of Windflower Drive as a public highway in the City of Kitchener. (By-law No. 2003-56) (d) Being a by-law to provide for the establishing and laying out of part of Windflower Drive as a public highway in the City of Kitchener. (By-law No. 2003-57) (e) To confirm all actions and proceedings of the Council. (By-law No. 2003-58) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Israel Hewson - Victoria Street South. (By-law No. 2003-59) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:20 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 31, 2003 - 106 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That Zone Change Application ZC 02/37/V/SL (196 Victoria Street South - Israel Hewson) to change the zoning on the subject property, legally described as Part Lot 2, Plan 439, from Commercial Residential One (CR-1) to Commercial Residential One (CR-1) with Special Regulation 398R, be approved in the form shown in the "Proposed By-law", dated January 23, 2003. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That a five-year pilot project be approved for a Canine Search Specialist within the Kitchener Fire Department with financial support as available from the current Fire Department budget; and, That during the five-year pilot, the need for this type of service will be evaluated and reported to Council at which point Council will decide whether to continue such service; and further, That the Fire Chief and fire staff be authorized to seek out sponsorships and/or partnerships for this five-year pilot project. (Dealt with under Delegations and Carried) That the City of Kitchener supports in principle the "Balanced" approach to the Regional Municipality of Waterloo Growth Management Strategy subject to the City of Kitchener and the Regional Municipality of Waterloo working co-operatively on a pilot project in the downtown core area to demonstrate that urban intensification is achievable; and, That Kitchener supports the Moderate Re-urbanization option; and, That Kitchener supports the principle of establishing a countryside line to define the boundary between urban and rural lands; and, That Kitchener agrees that the implementation of the Regional Growth Management Strategy will require co-operation between regional and local municipalities and in that regard commits to continuing its re-urbanization initiatives through the City of Kitchener 'EDGE' program which includes assistance with brownfield remediation and promotes a high quality of urban design for intensive development within mixed use corridors. In view of the foregoing, Kitchener requests the co-operation of the Regional Municipality of Waterloo to achieve the following: 1) The creation of financial incentives for infill and brownfield sites by the Region pursuing its commitment to investigate amending provincial legislation, if necessary, in regards to community improvement plans. 2) The extension of the LRT to Fairway Road as part of the first phase of implementation of the Central Transit Corridor. 3) The advancement of the timing of the River Road - Wabanaki Drive extension and interchange with Highway No. 8 to stimulate the development of the Hidden Valley Industrial/Business Park. 4) A balanced approach between transportation infrastructure and transit initiatives, including the crossing of the Grand River by Ottawa Street and/or Fairway Road. 5) Consideration of inter-regional travel, including the consideration of an improved road connection from the new residential and employment lands in southwest Kitchener to the 401; and further, That the City of Kitchener request the Regional Municipality of Waterloo fulfill their commitment to resolve Deferral No. 6 in the Regional Official Policies Plan to bring southwest Kitchener into the City Urban Area at their earliest opportunity. COUNCIL MINUTES MARCH 31, 2003 - 107 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) Whereas library services are often identified as one of the most valued services by the citizens of both the Cities of Kitchener and Waterloo, And whereas the Cities of Kitchener and Waterloo in conjunction with their respective library boards are committed to the provision of the highest possible level of service at the most cost- effective price, And whereas both the Waterloo Public Library Board and the Kitchener Public Library Board are presently looking at their library facilities particularly as they relate to their main branches, Be it resolved that the Councils of the Cities of Kitchener and Waterloo request their respective library boards to form a joint task force which would examine the provision of library services in each of our municipalities, and further; That the scope of such task force investigate the potential for partnerships ranging from looking at potential shared efficiencies on things like purchasing and information systems on the one end to the possibility of a fully integrated system with one main branch and several other service locations within each City on the other end, and further; That both boards report back to their respective Councils within one month as to the terms of reference for the task force and the projected timelines for its work. The City of Kitchener strongly recommends to the Ministry of Municipal Affairs and Housing and the Association of Municipalities of Ontario that in the course of the review and preparation of regulations under the new Municipal Act, 2001 that Brownfields be deemed to be a property in the class of properties prescribed by the Minister in any regulation proposed under Section 354 (5) of the Municipal Act, 2001 so that municipalities have an option to declare taxes uncollectible without having to conduct a tax sale; and, That the Ministry of Municipal Affairs and Housing and the Association of Municipalities of Ontario strongly encourage the Province of Ontario and the Government of Canada to establish a protocol to address Government liens on Brownfield sites; and, That the City Solicitor be directed to provide further details to the Ministry of Municipal Affairs and Housing and the Association of Municipalities of Ontario in this regard; and further, That a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, Minister of Environment, Association of Municipalities of Ontario, local area MP's and MPP's. That all of the City of Kitchener be designated as Community Improvement Project (CIP) area, and that staff be directed to prepare a Kitchener Brownfields Remediation Community Improvement Plan in accordance with the guiding principles, Objectives, Strategy, Project Eligibility Criteria, Program Incentive Formula, and Program Administration as set out in Development and Technical Services Department Report DTS-03-036, dated February 21, 2003; and, That the Region of Waterloo be requested to consider financial participation in the Kitchener Brownfields Remediation CIP incentives as a direct method of supporting the Region of Waterloo's proposed Growth Management Strategy; and further, That the Province of Ontario be requested to undertake legislative changes, if necessary, that would facilitate the Province and Upper Tier municipalities to each participate with Local municipalities in Brownfield Site Remediation Incentive Programs, with each level of government calculating their Tax Incremental Financing based on an equal percentage of their portion of annual taxes collected to determine the Annual Grant (rebate) under the Program. (As Amended) COUNCIL MINUTES MARCH 31, 2003 - 108 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. 10. CITY OF KITCHENER That no change be made to Chapter 630 of the Municipal Code, also known as the "Fence By- law" in regards to fences near scenic vistas. That the deadline be extended from March 1, 2003 to March 1, 2004 respecting the requirement to commence construction of an industrial building for Site 75 on Strasburg Road in the Huron Business Park, owned by Mill-Gate Holdings Inc; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. That staff be directed to investigate the feasibility of developing municipal financial incentives for residential / commercial property owners to encourage conversion of turf areas to drought tolerant and pest resistant alternatives and report back to the Environmental Committee at a future date. That the appropriate staff who are involved in monitoring construction sites pay attention to the condition and maintenance of the sites and request compliance by the property owner, developers and contractors as deemed appropriate; and further, That staff utilize the provisions within Chapter 650 of the City of Kitchener Municipal Code for the purpose of addressing waste material on or from construction sites where the property owner, builder or developer is in non-compliance with the by-law, and that the cost of the clean up be recoverable in like manner as municipal taxes. 11. That Strategic Services Department report SSD-03-006 and the publication 'Under Development January 2003' edition attached to the staff report, be received. COMMUNITY SERVICES COMMITTEE - That A.R. Kaufman Public School be awarded one-time community playground grants in 2003 totalling $1,500., toward construction of new primary and junior creative playground facilities to be located within the school campus. That subject to the satisfaction of the City Solicitor, the Foot Care Provider Licence Agreement, as attached to Community Services Department report CSD-03-049, be approved as a contract for use at the City's various Community Resource Centres to allow for foot care providers to licence space and operate within the City's centres with any revisions made thereto to be only with the approval of the City Solicitor; and, That the Director of Community Programs and Services, or designate, be delegated authority to sign the Foot Care Provider Licence Agreement; and further, That staff be directed to prepare a Request for Proposals to allow for a competitive evaluation of bids by foot care providers to occupy named City Resource Centres for the purpose of providing foot care provider services to the public. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a five (5) year lease and any other necessary documents, with the Kitchener Minor Girls Softball Association Inc. for construction of a batting cage on the grounds at Woodside Park; and further, That authority to execute the lease agreement be subject to the Kitchener Minor Girls Softball Association Inc. receiving a grant from the Ontario Trillium Foundation or raising the required funds for construction of the batting cage. That a donation from the Civitan Sports - Waterloo Region in the amount of $5,500. be accepted toward the purchase and installation of concession equipment at the Peter Hallman Ball Yard; and, COUNCIL MINUTES MARCH 31, 2003 - 109 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) 10. 11. CITY OF KITCHENER That staff be directed to place signage with the Civitan's logo in the concession booth; and, That a temporary sign acknowledging 'Home of the Civitan's Fast Pitch Jamboree' be installed within the Ball Yard's central activity area adjacent to the portable building, pending completion of a staff report respecting signage for the Ball Yard; and further, That the Civitan Sports - Waterloo Region not be charged a rental fee for the use of the concession booth or equipment for events they operate or work in conjunction with others at the Peter Hallman Ball Yard. That a grant in the amount of $10,000. be approved for the Sunbeam Residential Development Centre towards a capital building project at 2749 Kingsway Drive, Kitchener. That a grant in the amount of $1,500. be approved for the Waterloo 10 Km Classic Road Race Inc. to assist with operating expenses for the 1st Annual ENDURrun, an international running event to be held August 17 - 24, 2003 in Waterloo Region. That a one time only grant in the amount of $1,320. ($1,000. cash grant and $320. in-kind services) be approved for the Waterloo Region Healthy Communities Coalition for the 'From the Ground Up Healthy Communities Forum' to be held May 2-3, 2003 at St. Andrew's Presbyterian Church, Kitchener, subject to the City of Waterloo providing similar grant funding; and further, That the Waterloo Region Healthy Communities Coalition be encouraged to seek alternate funding sources in future years. (Dealt with under Delegations and Carried) That the concept of a 5 day long Multicultural Festival be approved, to be marketed as 'Tapestry 2003'; and further, That a grant in the amount of $20,000. be awarded to the Kitchener Downtown Business Association (KDBA) as follows: Tapestry 2003 - Market District Event Lunch Time Summer Performance Series - $10,000. - $10,000. That the City of Kitchener continue to participate with staff representation on the Regional Municipality of Waterloo West Nile Virus Co-ordinating Committee and work closely with the Region and other municipalities to develop a strategy to address the West Nile Virus. That the fee structure for the rental of the concession building at the Peter Hallman Ball Yard be established as follows: Concession Media Room - $75. for the first day and $50. for each 1/2 day or subsequent day; - $20. per day. (NOTE: no requirement for giving of notice as no written requests to receive notice have been filed pursuant to Reg. 244/02 - Fees and Charges, of the Municipal Act, 2001) That the City of Kitchener assume maintenance responsibilities for the sportsfields at Resurrection High School from the Waterloo Catholic District School Board (WCDSB); and, That subject to the satisfaction of the City Solicitor, the current Sportsfields Use Agreement dated January 1, 2001 be amended to reflect a revised maintenance program and greater scheduling abilities for the City; and, COUNCIL MINUTES MARCH 31, 2003 - 110 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) CITY OF KITCHENER That the Acting General Manager of Community Services be delegated authority to sign the amended agreement with the WCDSB respecting use of the Resurrection High School sportsfields; and further, That an over-expenditure of the 2003 Operations Division operating budget in the amount of $17,400. be approved to cover the costs of increased maintenance of the Resurrection High School sportsfields, as outlined in Community Services Department report CSD-03-050. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE - That the Kitchener Economic Development Advisory Committee is concerned about the critical shortage of employment lands in Kitchener and the Region of Waterloo; and, That Kitchener Economic Development Advisory Committee requests immediate action and encourages the Regional Municipality of Waterloo to begin the process to formulate a joint strategy to explore the development of employment lands within the Region; and further, That to assist in the development of this strategy the City of Kitchener immediately convene a joint task force and include all relevant stakeholders concerned about this issue. (Dealt with under Delegations and Carried) FINANCE AND CORPORATE SERVICES COMMITTEE - That effective May 1, 2003, benefits be extended to Councillors beyond age 65 for as long as they are in office with no age restriction, subject to the terms and conditions of the Insurance Carrier and that the Extended Health Care plan be integrated with the Provincial Plan; and further, That effective March 1, 2003, employees of the Corporation choosing to work beyond the birth month of their 65th birthday - but not into their 66th year be covered for Extended Health Care (EHC), Dental and Life Insurance and that the EHC plan be integrated with the Provincial Plan. That staff be directed to negotiate and bring back for final approval a new three year lease agreement with Patricia Fretwell for the City Hall Wedding Belle Chapel and Rose Chapel premises located at 200 King Street West in the City of Kitchener. That the revised Term of Reference for Compass Kitchener attached to Strategic Services Department report SSD-03-077 dated March 14, 2003, be approved; and further, That the following appointments to the Compass Kitchener Committee for 2003 be approved: Mike Sully, Member at Large Donald Bourgeois, Member at Large George Zador, Member at Large Pat Doherty, Member at Large Trudi Bunting, Environmental sector representative Trudy Beaulne, Social sector representative Representative from Multicultural sector Jeff Fielding, CAO Carla Ladd, General Manger of Strategic Services Shelly Adams, Director of Community Programs and Services Kathryn Dever, Organizational Change Facilitator COUNCIL MINUTES MARCH 31, 2003 - 111 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. CITY OF KITCHENER That the Centre Block Work Plan identified in the report from the Centre Block Steering Committee, dated March 21,2003, be approved. That the licence fee for the Herb Fair on May 3, 2003, and the Heart & Hand (Storytelling) Festival on September 27, 2003, taking place at the Joseph Schneider Haus be reduced to $10.; and further, That officials of the Joseph Schneider Haus be encouraged to find alternate funding sources as licence fee reductions for future events will no longer be considered. (Motion Lost on a Recorded, Tie Vote) That the supply component of the natural gas rates be increased to 26.9 cents per cubic meter from 19.8 cents per cubic meter for system gas customers of the City of Kitchener effective April 1,2003. That the City of Kitchener consider establishing a partnership with the Business and Education Partnership of Waterloo Region; and, That a City financial contribution of $5,000. be considered; and further, That the Business and Education Partnership of Waterloo Region be requested to provide a report to the City within one year outlining how the City's funds have contributed to positively improving the career opportunities of youth in the community. - and - That the City of Kitchener continue to explore opportunities to assist the Business & Education Partnership's work in the community. (The above staff recommendations as contained in Corporate Services Department report CRPS-03-050 and Strategic Services Department report SSD-03-009, deferred and referred to the April 1, 2005 Special Council meetinq, pending further information from staff regarding the organizational and financial structure of the Business and Educational Partnership of Waterloo Region.) That the City not make efforts to contract the services of the Waterloo Regional Police Services in by-law enforcement in order to recover police costs through increased licensing fees. That the composition of the Dog Designation and Animal Designation Appeal Committees be amended to be comprised of two members of Council and a representative of the Kitchener- Waterloo Kennel Club; and further, That Councillor J. Gazzola be appointed as the second Council representative to the Dog Designation and Animal Designation Appeal Committees for a term to expire November 30, 2003 and Councillor G. Lorentz be appointed as an alternate. (As Amended) MARCH 31, 2003 COUNCIL MINUTES - 112 - 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) Special Event It was resolved: "That the request of the Tri-Pride Community Association to locate a beer tent in Victoria Park for the Tri-Pride Day Celebration on June 15, 2003 be approved; and, That the Tri-Pride Community Association be permitted to invite a maximum of 40 food and merchandise vendors to sell in Victoria Park during the Tri-Pride Day Celebrations on June 15, 2003, provided the necessary licence is obtained and that a reduced licence fee of $10.00 be applicable; and, That the Tri-Pride Community Association be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at Victoria Park on June 15, 2003; and, That the Tri-Pride Community Association comply with Chapter 503 (Adult Entertainment) and By-law Number 2001-153 (Being a by-law to licence Adult Goods Outlets); and further, That since this event is a celebration of community harmony and diversity, it be designated as an event of 'municipal significance' for the purpose of applying for a liquor licence." ii) Permanent Vendor It was resolved: "That David Kuehl be granted a Permanent Vendor Licence to operate a meat processing business at 495 Lancaster Street West, Kitchener." 2. Encroachment Aqreement - St. Joseph's Health System It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with St. Joseph's Health System (St. Mary's Hospital) to permit the installation and maintenance of a communication cable under the Queen's Boulevard road allowance." 3. Special Occasion Permit / Civic Celebration - K-W Oktoberfest It was resolved: "That K-W Oktoberfest, to be held October 10-15, 2003, 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, MARCH 31, 2003 B= COUNCIL MINUTES - 113 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 3. CITY OF KITCHENER Special Occasion Permit / Civic Celebration - K-W Oktoberfest - (Cont'd) That this event be declared a Community Festival as it is a celebration of Kitchener's German heritage." Various Tenders Dealt with under Delegations. Sale of Tickets - Lambton County Developmental Services Council was in receipt of Corporate Services Department report CRPS-03-056 (J. Koppeser), dated March 25, 2003, requesting Council's direction. It was resolved: "That the request of the Lambton County Development Services to sell raffle tickets in the City of Kitchener be denied." Sale of Tickets - Heart & Stroke Foundation of Ontario Council was in receipt of Corporate Services Department report CRPS-03-055 (J. Koppeser), dated March 25, 2003, advising of no objection to this request. In response to Councillor J. Gazzola, Mr. G. Sosnoski advised that criteria for recommending granting of such requests is based on the organization having a local office in Kitchener and the proceeds being used to benefit the community. It was resolved: "That the City of Kitchener has no objection to the Heart and Stroke Foundation of Ontario, 1920 Yonge St., 4th Fir., Toronto, Ontario, M4S 3E2, being granted permission to sell tickets in the City of Kitchener for a series of raffle draws to be held from May 9, 2003 to July $, 2003 at several locations." Memorandum of Aqreement - 2232 Trussler Road Council was in receipt of Community Services Department report CSD-03-059 (S. Adams), dated March 25, 2003, recommending execution of an agreement to allow the locating of clean fill. It was resolved: "That the City enter into a Memorandum of Agreement dated March 24, 2003 with S. Youngblut (as owner) regarding permission for the City to locate clean fill on portions of her property located at 2232 Trussler Road; and further, That Acting General Manager of the Community Services Department be authorized to sign such Memorandum of Agreement, subject to the satisfaction of the City Solicitor." Community University Research Alliance (CURA) Operational and Proqress Report Dealt with under Delegations. MARCH 31, 2003 COUNCIL MINUTES - 114- COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 9. 10. CITY OF KITCHENER Committee of Adiustment Decision Council was in receipt of minutes and other background information from D. Gilchrist, Acting Secretary-Treasurer, Committee of Adjustment, regarding a meeting held on March 18, 2003. It was resolved: "That the application of 754751 Ontario Ltd. (SG 2003-002) requesting permission to erect a ground sign with a setback of 0 m from Ottawa Street rather than the required 3 m (9.84 ft.) on Part Block G, Registered Plan 1202, being Part 1, Reference Plan 58R- 5875, 1335 Ottawa Street North, Kitchener, Ontario, BE APPROVED." Submission No. SG 2003-003 (Highland Corners Shopping Center Ltd.) was dealt with under Delegations. Fire Dispatch Aqreements - Townships of Wilmot and Wellesley Council was in receipt this date of Development and Technical Services Department report DTS-03-053 (R. Browning), dated March 31,2003, respecting two agreements for provision of fire dispatch services. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated March 7, 2003 with the Corporation of the Township of Wilmot to provide fire dispatch service to Wilmot for a term of five years, commencing January 1,2002; and further, That the Mayor and Clerk be authorized to execute an agreement dated March 18, 2003 with the Corporation of the Township of Wellesley to provide fire dispatch service to Wellesley for a term of five years commencing, January 1,2002."