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HomeMy WebLinkAboutCouncil - 2011-09-19COUNCIL MINUTES SEPTEMBER 19, 2011 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors Y. Fernandes and J. Gazzola. The meeting began with the singing of "O Canada" by Brenda Whiteman. On motion by Councillor D. Glenn-Graham the minutes of the regular meeting held August 29, 2011 and special meetings held August 29 & September 12, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. J. Willmer, Deputy CAO, Community Services, advised that it was his understanding a motion to defer consideration of a Heritage Permit Application for 215 Old Carriage Drive was to be brought forward due to the absence of Councillor Y. Fernandes, Ward Councillor and Councillor J. Gazzola, member of Heritage Kitchener. He noted that the applicants were advised of the intent to defer consideration; however, they have elected to attend to speak to the matter if it is Council's wish to hear them at this time. A motion by Councillor Z. Janecki, seconded by Councillor S. Davey, was brought forward to defer consideration of Heritage Permit Application HPA 2011-V-013 for 215 Old Carriage Drive to the October 3, 2011 Council meeting to allow members of Council absent this date to be present during deliberation of the application. Mr. R. Gosse, Director of Legislated Services and City Clerk, clarified Council procedure in respect to the ability to hear delegations in light of the deferral motion, advising that the deferral motion is only debatable in terms of timing and would have to be voted on and defeated in order to proceed to hear the delegations this date. Mr. Gosse also clarified that in the event this occurs and deferral is desired subsequent to hearing the delegations, a motion to reconsider the issue of deferral would then be required. Councillor Z. Janecki's motion to defer the matter was then voted on and LOST. Council then proceeded to hear delegations present concerning the Heritage Permit Application (HPA) for 215 Old Carriage Drive. Mr. L. Bensason, Coordinator of Cultural Heritage Planning, presented background information concerning the HPA, advising that no recommendation is forthcoming from Heritage Kitchener as both a motion to approve the HPA, and a subsequent motion to refuse the application, were voted on and lost on tie votes. Mr. Bensason reviewed the application in context of the Upper Doon Heritage Conservation District (HCD) Plan policies, noting that the size and location of the proposed building meets Zoning By-law requirements and has been designed to be compatible with the historic nature of an old mill. Mr. Bensason advised that the height of the new building is now similar to the existing building on site, which is proposed for demolition; and the location of the new building is screened by vegetation along the community trail and is not readily visible to the public realm given its distance from Doon Village Road. Mr. Bensason advised that as this application meets Zoning By-law requirements and is consistent with the policies and guidelines of the Upper Doon HCD Plan, staff is recommending approval of the application. Councillor B. Vrbanovic raised concerns with respect to the look of the new building, questioning how the design fits in from a heritage perspective and could be deemed as meeting Heritage staff's requirements. Mr. Bensason advised that the HCD Plan policies speak to new building construction being contemporary but drawing from heritage attributes and the proposed design meets the specified criteria. He added that the Upper Doon HCD has an eclectic mix of building designs ranging from 19t" century 1'/2 to 2 storey brick homes to a 1940's bungalow style, all of which are varied in age and design. Mr. Rob Hunsperger, Robertson Simmons Architects Inc., spoke in support of the HPA, commenting that in achieving the form and character of the design it was a challenge to respect heritage attributes without actually producing a replica; and while the design draws its inspiration from that of an old mill it remains distinct in its own way and does not produce a building too high in height. He noted that the site is accessed from the community trail and not the public realm and is not visible anywhere else in the actual historical district. He added that when on the site looking across Schneider Creek there is a new home development that sits more prominently in the Upper Doon HCD that does not COUNCIL MINUTES SEPTEMBER 19, 2011 - 231 - CITY OF KITCHENER exhibit an historical flare on the Doon Village Road side. He expressed the opinion this sets precedent of a range of acceptable design in the area which suggests their proposed design is within reason. Mr. Hunsperger advised that one of the senior partners in his company who sits as a member of Heritage Kitchener had to abstain from voting and suggested that had his client chosen another architect firm a favourable consensus of the Committee could have been reached. He stated that this process has been ongoing for the past 3 years, and having hired an architectural firm and having worked extensively with the Grand River Conservation Authority (GRCA) and City staff, his clients are attempting to see this development through in a professional manner. He stated, however, that his clients are approaching the point of financial burden, coupled with the stressfulness of this process, and given their Ward Councillor is opposed to the application eliminating that avenue of support, they are finding the process very challenging. Councillor P. Singh requested clarification as to why a flat roof versus a pitched roof design was chosen. Mr. Hunsperger advised that the height of a traditional pitched roof would have exceeded the heritage attribute mandate for the area. Ms. Karen Spencer, property owner, advised that since refusal of their application in March 2011, they attended the June 7 Heritage Kitchener meeting to seek advice prior to embarking on a re- design and hired an architect to address the height and design of the building. She added that the location of the building has also changed so that it is now set back farther on the site and more distant from the community trail. She noted that this required a return to the GRCA for a new building permit which they have obtained, and the new plan is in keeping with the Upper Doon HCD Plan policies. Ms. Spencer advised that it was Heritage Kitchener's community representative who had suggested they consider the old mill concept which they have followed and asked that the HPA be approved. She added that she did not want the matter forced to an Ontario Municipal Board hearing as it was her opinion there is no reason not to approve the application having met all of the City's requirements. Councillor B. Vrbanovic questioned if a two-week deferral would be agreeable to the delegation. Ms. Spencer responded that it would be her preference to deal with the application now, citing financial hardship and the emotional toll and stress that this process has had. Councillor Z. Janecki stated that he stands by his earlier request for deferral, suggesting it would be appropriate due to the absence of the Ward Councillor. Moved by Councillor Z. Janecki Seconded by Councillor D. Glenn-Graham "That Council re-consider its earlier decision not to defer consideration of Heritage Permit Application HPA 2011-V-013 for 215 Old Carriage Drive to the October 3, 2011 Council meeting." A recorded vote was requested. In Favour: Councillors B. Vrbanovic, S. Davey, K. Galloway, Z. Janecki, B. loannidis, D. Glenn-Graham and P. Singh. Contra: Mayor C. Zehr and Councillor F. Etherington. Carried, with required 2/3 majority. Moved by Councillor Z. Janecki Seconded by Councillor D. Glenn-Graham "That consideration of Heritage Permit Application HPA 2011-V-013 for 215 Old Carriage Drive be deferred to the October 3, 2011 Council meeting to allow members of Council absent this date to be present during deliberation of the application." Carried. Councillor K. Galloway advised that she had been contacted by the property owner of 2091 Bleams Road relative to Item 7(a) under Unfinished Business requesting further deferral of the proposal to list the property on the Municipal Heritage Register as anon-designated property of cultural heritage COUNCIL MINUTES SEPTEMBER 19, 2011 - 232 - CITY OF KITCHENER value or interest. The property owner wishes to undertake further research prior to final consideration of the matter. Moved by Councillor K. Galloway Seconded by Councillor Z. Janecki "That consideration to list 2091 Bleams Road on the Municipal Heritage Register as a non- designated property of cultural heritage value or interest be deferred to the October 3, 2011 Council meeting to allow the property owner to undertake further research prior to final consideration of the matter." Carried. Mr. Derwyn Stilling, Baumaxx Construction, attended regarding a Small Claims Court pre-trial hearing related to a property standards issue at 215 Highland Road West. Mayor C. Zehr advised members of Council that as this is a legal matter before the Court, and having received advice from the City Solicitor, it is inappropriate for Council to enter into any discussion of the matter; however, Council may listen to the delegation if Mr. Stilling wished to proceed. Mr. Stilling advised that he first raised this matter with a Committee of Council in April 2011 at which time the matter was not dealt with and he was advised to pursue legal action. He noted receipt of a Small Claims Court notice of a pre-trial conference to be held on August 16, 2011 to which he advised that the City's lawyers did not attend. He acknowledged receiving a letter to advise that the City's legal representative would not be attending; however, he stated that another lawyer was named on the Statement of Defense and he was not notified that no one would attend to represent the City. He commented that his and the Courts time had been wasted, expressing the opinion that the City should have been able to send a representative and advised that the pre-trial has now been rescheduled to a date in November 2011. He stated that agreement has been made to take this matter to Court and he has no interest in settling outside of the Court proceedings; and named various City officials and staff, as well as Waterloo Region District School Board employees in a Summons to Witness. He extended an invitation to view the site to see that the School Board has done a good job so far in cleaning up the property and stated that the Statement of Defense indicates that the work is complete. Mr. Stilling stated that he intends to forward the Statement of Defense to the Waterloo Regional Police Fraud Department and to lodge a complaint with the Upper Canada Law Society in respect to the lawyers' actions. Mr. Tom Ayotte, resident, attended in regard to traffic calming measures proposed for installation on Dixon Road and in particular, he requested that a speed hump not be placed in front of his home. He pointed out that his living room windows face the street and he already experiences traffic noise that will increase with installation of the speed hump. He stated that he had spoken with City staff who have advised that the speed humps must be 150m apart; however, in measuring from his driveway to the location of the next speed hump he alleged that the distance apart is only 120m. He added that new speed humps installed on Garwood Avenue behind the YMCA are 200m apart and questioned why the speed hump proposed to be installed in front of his home could not be moved further down the street where there are homes on only one side of the street. Mr. Ayotte further stated that he had been advised by City staff that an error was made in placement of the catch basins which is why the location of the speed hump is in front of his property. Mr. Ayotte raised concerns of devaluation of his property and while he was not originally opposed to the installation of speed humps when surveyed, it was not known at that time that one would be located in front of his property. Councillor D. Glenn-Graham questioned if the delegation had spoken to staff regarding the difference of 120m to 150m in the distance apart and Mr. Ayotte responded that he had not spoken with staff since the initial meeting in which he was advised that they must be 150m apart. Councillor Z. Janecki questioned if there would be residual impact to the location of the other speed humps if the one in front of Mr. Ayotte's home is moved. Mr. Ayotte advised that only 3 speed humps were identified in the survey, however, in speaking with City staff he was advised that there are to be 5 installed. He acknowledged that speeding has been an issue on the street but questioned why a stop sign could not be installed instead of speed humps. Councillor F. Etherington confirmed the meeting with City staff who were specific about the distance between at 150m to be most effective; however, as the resident is discontented, it has become a question of how to address the concerns raised. COUNCIL MINUTES SEPTEMBER 19, 2011 - 233 - CITY OF KITCHENER Ms. P. Houston, Deputy CAO, Infrastructure Services, advised that the resident could petition neighbouring residents to see if they concur with his concern; however, she noted that the 2009 survey received 13 responses of which 11 were in favour of the speed humps and only 2 were opposed. She added that if the delegation wishes to go back and petition again and a majority are opposed to the installation of speed humps then it could be reconsidered by Council. Councillor S. Davey questioned if there is any costs associated in deferring consideration of this matter. Ms. P. Houston advised that she would have to return with information on associated costs as they are not known at this time. Mayor C. Zehr requested clarification if it is a matter of timing in respect to installing the speed humps with the final layer of asphalt. Ms. Houston advised that although close in timing, installation could be delayed for one week. Council considered the matter of timing of a deferral and the ability of either staff or the delegation to undertake canvassing of the neighbourhood. Councillor B. Vrbanovic suggested that if canvassing the neighbourhood is to be done then options should be provided, including whether or not they are still in favour of the traffic calming and if the one speed hump is to be moved where it will go. Councillor K. Galloway further suggested that it would be more appropriate for staff to report back on this issue to address the concerns raised prior to a decision being made to again canvass area residents; and suggested a report be provided to the September 26 Community and Infrastructure Services Committee. Moved by Councillor D. Glenn-Graham Seconded by Councillor Z. Janecki "That staff report to the September 26, 2011 Community and Infrastructure Services Committee to clarify all matters raised this date concerning installation of traffic calming measures on Dixon Road relative to the request of Mr. Tom Ayotte, area resident, to move the location of a speed hump from in front of his property to further down Dixon Road." Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor K. Galloway Seconded by Councillor B. loannidis "That Tender T11-016, Residential Tankless Water Heaters, be awarded to Rheem Canada Ltd., Brampton, Ontario, at their tendered price of $310,500.00, plus H.S.T. of $40,365.00, for a total of $350,865.00, with an option to renew for two (2) additional twelve (12) month terms." - and - "That Tender T11-066 -Three (3) 29,937 kg (66,000 Ib) G.V.W. Tandem Rear Axle Conventional Cab and Chassis, be awarded to Team Truck Centres Limited, Kitchener, Ontario, at their tendered price of $276,600.00, plus H.S.T. of $35,958.00, for a total of $312,558." - and - "That Expression of Interest E11-060, Consultant Services - Geotechnical, Hydrogeological and Environmental Services -Mill Street and Brock Street, be awarded to MTE Consultants Inc., Kitchener, Ontario at their estimated fee of $145,420., including contingencies of $13,220., plus H.S.T. of $18,904.60 for a total of $164,324.60, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. COUNCIL MINUTES SEPTEMBER 19, 2011 - 234 - CITY OF KITCHENER Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That the report of the Community & Infrastructure Services Committee be adopted." Voted on Clause by Clause. Clause 6 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors D. Glenn-Graham, B. loannidis, Z. Janecki, K. Galloway, B. Vrbanovic and F. Etherington. Contra: Councillors S. Davey and P. Singh Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor Z. Janecki "That the report of the Planning & Strategic Initiatives Committee be adopted." Council was in receipt this date of revised wording for Clause 2 of the report, dealing with a request to the Ministry of Health and other related agencies to provide basic, advance information to municipalities about the location of methadone clinics when they open in or near residential neighbourhoods. Councillor D. Glenn-Graham commented that there is no dispute that methadone clinics are needed to help those suffering from addiction but rather is a matter of respectful behaviour. He advised that he had attended a meeting with the Manager of the King Street clinic and By-law Enforcement staff and the clinic is now taking these concerns seriously. They have hired security personnel and have adopted a zero tolerance policy toward poor behaviour; and as well, By-law Enforcement staff will take apro-active approach to enforcement. Councillor Glenn-Graham advised that a meeting is being held with community representatives and the clinic has offered to hold an open house. He added that he has contacted Waterloo Councillor Dianne Freeman, a representative of the Association of Municipalities of Ontario to discuss the potential for an Ontario based approach. At the request of Councillor B. Vrbanovic, Councillor F. Etherington agreed to modify the wording of the 1St paragraph of his amending motion to change the phrase "any time a treatment clinic opens" to read "prior to a treatment clinic opening"; and in the 2nd last paragraph to change the phrase "through the planning process" to read "through planning and / or licensing processes". On motion by Councillor F. Etherington, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 2 of the report by deleting the clause in its entirety and replacing it with the revised wording, as circulated and modified this date. The Planning & Strategic Initiatives Committee report was then voted on clause by clause. Clause 2 -Carried, as Amended. Balance of report -Carried. Councillor K. Galloway had given notice that she would introduce a motion this date concerning entering into acommunity-based partnership between Kitchener residents and Morogoro, Tanzania. Councillor Galloway referred to the City's five-year partnership with Morogoro, Tanzania under the Federation of Canadian Municipalities' (FCM) development program, commenting that while the focus has been on local economic development, often relationships grow beyond the formal work. She advised that through relationships she has developed in Morogoro she has learned about their successes and challenges, and has seen where those challenges exist. She expressed the opinion that there is opportunity to broaden the City's work beyond the FCM program and to engage community expertise to assist in community development at an international level. Councillor Galloway stressed that she is not suggesting a sister city relationship knowing that the City has COUNCIL MINUTES SEPTEMBER 19, 2011 - 235 - CITY OF KITCHENER resisted invitations from numerous international cities to become a sister city primarily for the purpose of fostering business relationships; but instead is proposing acommunity-based partnership that will develop a deeper relationship between the two cities, establishing greater support for the work and leading to success in fostering greater sustainability and program building in a developing city. She added that this could become a pilot project that would build greater strength into the international work of FCM and acknowledged that a clear focus is needed. She suggested that the focus be on education and orphanages which are both high need areas in Morogoro and emphasized that the intent is that this will be community led, offering to lead initial development of the program and to engage the community; following which she would hand off the program to the community leaders. Councillor Galloway advised that other than some staff time and in-kind support, there would be no cost to the City of Kitchener. Councillor Z. Janecki requested clarification of the basis of in-kind support. Councillor Galloway advised that the in-kind support would only encompass some research by staff of similar partnership programs and / or best practices that will assist in program development. Councillor D. Glenn- Graham requested clarification of the vision for this program. Councillor Galloway advised that the intent is simply to obtain community-based help in the areas specified and beyond, there may be opportunity to grow and develop the program further based on what the community partners would like to explore. She advised that she would be contacting local School Boards and service clubs, and undertake to communicate to the public that the City is looking to establish a community based partnership; and assist in bringing them in to see what they would like to pursue and how to develop programming for this partnership. Councillor B. Vrbanovic commented that historically Kitchener has not broadened its involvement beyond the core FCM supported programming, funded by the Canadian International Development Agency (CIDA); however, other communities have developed extended partnerships in efforts to support international community building and have brought in service clubs to assist with the initiative and funding. He expressed the view that this is a great start for Kitchener and the hope that it is the beginning of the development of much more comprehensive partnerships. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That City Council support a community based partnership between the residents of the City of Kitchener and Morogoro, Tanzania; and, That the partnership focus on supporting orphanages and educational pursuits; and further, That City staff be requested to research examples of similar partnership programs or best practices to assist in program development." Carried. Moved by Councillor P. Singh Seconded by Councillor F. Etherington "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. COUNCIL MINUTES SEPTEMBER 19, 2011 - 236 - CITY OF KITCHENER (f) Being a by-law to amend Chapter 640 of the City of Kitchener Municipal Code with respect to Heat in Rented Dwellings. (g) Being a by-law to exempt certain lots from Part Lot Control -Block 12 and Park of Block 4, Registered Plan 58M-367 -Zeller Crescent. (h) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor D. Glenn-Graham as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor D. Glenn-Graham Seconded by Councillor B. loannidis "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor P. Singh Seconded by Councillor F. Etherington "That the by-laws listed on the agenda for third reading, namely: (a) 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. 2011-131) (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2011-132) (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2011-133) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2011-134) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2011-135) (f) Being a by-law to amend Chapter 640 of the City of Kitchener Municipal Code with respect to Heat in Rented Dwellings. (By-law No. 2011-136) COUNCIL MINUTES SEPTEMBER 19, 2011 - 237 - CITY OF KITCHENER (g) Being a by-law to exempt certain lots from Part Lot Control -Block 12 and Park of Block 4, Registered Plan 58M-367 -Zeller Crescent. (By-law No. 2011-137) (h) To confirm all actions and proceedings of the Council. (By-law No. 2011-138) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:35 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 19, 2011 - 238 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That parking be prohibited at anytime on the east side of Britton Place from a point 39 metres south of Fallowfield Drive to the south limit of Britton Place; and, That parking be prohibited at anytime on the west side of Britton Place from a point 46 metres south of Fallowfield Drive to the south limit of Britton Place; and further, That the Uniform Traffic By-law be amended accordingly. 2. That parking be prohibited at anytime on the south side of Riverbend Drive between Lancaster Street to a point 350 metres west of Guelph Street; and further, That the Uniform Traffic By-law be amended accordingly. 3. That Demolition Control Application DC11/10/O/ATP requesting permission to demolish one (1) single detached dwelling located at 196 Old Huron Road, owned by Knut and Judit Schilling, be approved subject to the following conditions: 1) That the Applicant obtains a building permit for the proposed residential dwelling unit; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2- years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 4. That the K-W International Children's Games (ICG) Delegation Committee be approved as an affiliated minor sport group with the City of Kitchener, as per the City's Minor Sport Affiliation policy; and, That the K-W ICG Delegation Committee be added as an insured group to the City of Kitchener's Minor Sports third party liability insurance program; and further, That, in cooperation with the K-W ICG Delegation Committee, the City of Kitchener registers annually to attend the games, subject to the approval of the Deputy CAO of Community Services. 5. That GTA Midways Inc. be granted permission to operate a Midway in downtown Kitchener during Oktoberfest from October 7-10, 2011 subject to the following: Hours of operation: Date Start Close Friday, October 7 Noon 11:00 p.m. Saturday, October 8 11:00 a. m. 11:00 p. m. Sunday, October 9 11:00 a.m. 11:00 p.m. Monday, October 10 9:00 a. m. 5:00 p. m; and, That the music at the Midway be turned down at 9:00 p.m.; and, That the music be turned off one hour before closing time; and, That GTA Midways Inc. be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with the midway from October 7 at noon until October 10 at 5:00 p.m.; and, COUNCIL MINUTES SEPTEMBER 19, 2011 - 239 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Kitchener Downtown Business Improvement Area and/or GTA Midways Inc. with respect to use of the Forsyth lot for a midway from October 6 until October 10, 2011; and further, That the required licence be obtained prior to operating the Midway. 6. That the commission and installation of art work at the Kitchener Operations Facility, titled "Space Moire" as outlined in Community Services Department report CSD-11-121, be approved; and, That the Mayor and Clerk be authorised to execute an agreement, satisfactory to the City Solicitor, with Steven Beites and Christian Joakim outlining the obligations of the public art commission. (Carried, on a recorded vote) 7. That the commission and installation of art work at City Centre Courtyard, titled "Shaping Residency", as outlined in Community Services Department report CSD-11-123, be approved; and, That subject to the City Centre Courtyard development proceeding in accordance with the City's agreement with Andrin Investments Ltd., the Mayor and Clerk be authorised to execute an agreement, satisfactory to the City Solicitor, with Stephen Cruise outlining the obligations of the public art commission. 8. That a traffic calming review be executed in 2012 for Glasgow Street between Fischer Hallman Road and Belmont Avenue, with recommended measures incorporated into the roadway design for the reconstruction of these sections of roadway in 2013 (Knell Drive to Westmount Road) and 2014 (Westmount Road to Belmont Avenue). PLANNING AND STRATEGIC INITIATIVES COMMITTEE - 1. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P.13 as amended, and delegation By-law 2002-64, hereby grants draft approval to Plan of Subdivision Application 30T-11201, in the City of Kitchener, for 2066592 Ontario Inc., subject to the conditions outlined in Community Services Department report CSD-11-111, and as amended to add a condition of approval to provide that the Subdivider agrees to include a statement in all Offers of Purchase and Sale agreements that advises the prospective purchaser that the City's plans for trail development in the subject area is a long term objective dependent on future redevelopment and Regional transportation plans; and further, That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P.13 as amended, and By-law 2002-64 as amended, hereby grants draft approval to Condominium Application 30CDM-11207 for 342 Mill Street in the City of Kitchener, subject to the conditions outlined in Community Services Department report CSD-11-111, and as amended to add a condition of approval to provide that the Subdivider agrees to include a statement in all Offers of Purchase and Sale agreements that advises the prospective purchaser that the City's plans for trail development in the subject area is a long term objective dependent on future redevelopment and Regional transportation plans. 2. WHEREAS in light of the fact that mayors, councillors and municipal staff currently receive no information or notification from Ontario's Ministry of Health and other provincial authorities who finance and administer methadone programs prior to a treatment clinic opening in their municipalities; and, COUNCIL MINUTES SEPTEMBER 19, 2011 - 240 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE - (CONT'D) 2. (Cont'd) WHEREAS without advance notice of an impending methadone clinic municipalities are ill prepared to adequately deal with a smooth integration of the clinic into a community through education, site planning and issue mitigation; and, WHEREAS Ontario's Maintenance Treatment Practices Task Force in 2007, recommended the establishment of community liaison groups to provide education programs to explain the benefits of methadone treatment and oversee neighbourhood issues that include taking care of the physical environment outside methadone clinics, patient behaviour and loitering; NOW THEREFORE BE IT RESOLVED that provincial authorities involved in funding and administering methadone, including the Health Ministry, the College of Physicians and Surgeons, the Pharmacists Association and the Centre for Addiction and Mental Health, provide basic, advance information to municipalities about the location of methadone clinics when they open in or near residential neighbourhoods; and, BE IT FURTHER RESOLVED that, as recommended by members of Ontario's Maintenance Treatment Practices Task Force in 2007, the Ministry of Health and other agencies administering methadone programs and clinics take the initiative to involve neighbours, municipal councils, police, retailers, dispensing doctors and others in community liaison groups that provide public education programs to explain the benefits of methadone treatment and help with the integration of clinics into communities; and, BE IT FURTHER RESOLVED that Kitchener staff be asked to investigate ways through planning and / or licensing processes in order to inform the municipality when a methadone clinic proposes to open in the municipality; and, BE IT FINALLY RESOLVED that Kitchener Council circulate this motion to, and request support from, other Ontario municipalities through the Association of Municipalities of Ontario and copies of the motion be forwarded to local MPPs, the Minister of Health and the Premier of Ontario. (Carried, as Amended) HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2011-IV-016 be approved, to permit the alteration of the property municipally addressed 10 Sims Estate Place, in accordance with the plans submitted with the application, subject to the following conditions: i) That the final building permit drawings be submitted and approved by Heritage Planning staff prior to the issuance of a building permit; and further, ii) That an Engineer's report addressing the protection and structural stability of the existing house and smoke house be submitted and approved by Heritage Planning staff prior to the issuance of a building permit. COUNCIL MINUTES SEPTEMBER 19, 2011 - 241 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. FCS-11-174 -Heritage Permit Application HPA 2011-V-013 - 215 Old Carriage Drive Dealt with under Delegations. 3. Tag Day Request -Canadian Cancer Society Council considered correspondence from Carley Mezon, Fundraising Co-ordinator, Canadian Cancer Society, dated August 18, 2011 requesting permission to conduct Tag Days on October 1 & 2, 2011. It was resolved: "That the request of the Canadian Cancer Society to conduct Tag Days on Saturday, October 1 and Sunday, October 2, 2011, at various locations, as outlined in correspondence from C. Mezon dated August 18, 2011, be granted." 4. CSD-11-131 -Year Round Ice -Staffing Request Council considered this date Community Services Department report CSD-11-131 (K. Kugler), dated September 15, 2011. It was resolved: "That the status of two temporary full time area attendant positions be approved as two additions to the permanent full time staff complement, as outlined in Community Services Department report CSD-11-131."