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HomeMy WebLinkAboutCouncil Minutes - 2004-04-19COUNCIL MINUTES APRIL 19, 2004 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by the Inter-Mennonite Children's Choir. On motion by Councillor M. Galloway, the minutes of the regular meeting held March 29, 2004 and special meetings held March 29 and April 5, 2004, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor G. Lorentz disclosed a pecuniary interest at the in-camera meeting of City Council held April 5, 2004 in respect to a matter involving potential litigation. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated this date a report requesting Council to consider an additional tender, T04-021 for the construction of the Ambulance Waiting Station at River Road and Ottawa Street North. In response to questions, he agreed to provide additional information to members of Council respecting Tender T04-006 (Ottawa Street / Lackner Boulevard Sanitary Forcemain) pertaining to the amount of development charge financing applicable to the project. At the request of Councillor M. Galloway, it was agreed to amend T04-006 to provide that awarding of the contract be subject to confirmation by Legal staff that there are no outstanding legal issues respecting previous work contracted to Sousa Concrete. With respect to Tender T04-013 (Supply and Deliver Rotary Gas Meters), Mr. Gordon agreed to provide additional information to members of Council regarding whether or not associated costs cover the City's entire gas meter requirements for 2004. Councillor J. Gazzola stated that several of these capital projects were over-budgeted and suggested this information should have been available at the time Council considered a request to approve capital financing of $110M for special projects. Mayor C. Zehr commented that the savings achieved from tenders coming in under-budget provides flexibility to deal with required maintenance of the City's infrastructure. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T04-003, Margaret Avenue (Louisa St. to Queen St. )/Maynard Avenue (Ahrens St. to Margaret Ave. )/Young Street (Ahrens St. to Maynard Ave.) Reconstruction, be awarded to Sierra Construction Woodstock Limited, Woodstock Ontario at their tendered price of $1,633,003.03, including Contingencies of $113,425.00 and G.S.T; and further, That the Mayor and Clerk be authorized to execute a contract satisfactory to the City Solicitor." - and - "That Tender T04-013, Supply & Deliver Rotary Gas Meters, be awarded as follows: · Items 1, 2, 4, 5, 8, 10, 12, 14, to Romet Limited, Mississauga, at their tendered price of $192,446.75, including G.S.T. & P.S.T., and · Items 6, 7, 9, 11, 13, 15, to Dresser D.I. Canada, Inc., Mississauga, at their tendered price of $69,951.05, including G.S.T. & P.S.T." - and - "That Tender T04-018, Aggregates, be awarded as follows: · Items 1, 9, 10, to Warren Bithulithic, Kitchener, at their tendered price of $16,790.58, including G.S.T. & P.S.T. COUNCIL MINUTES APRIL 19, 2004 - 135 - CITY OF KITCHENER · Items 7, 8, 11, 15, to Preston Sand & Gravel, Kitchener, at their tendered price of $9,208.07, including G.S.T. & P.S.T., and · Items 2, 3, 6, 12, 14, 16, 17, 18, to Dufferin Aggregates, Kitchener, at their tendered price of $103,427.09, including G.S.T. & P.S.T." - and - "That Tender T04-019, Gas Pipeline Construction, be awarded to Aecon Utilities a Division of Aecon Construction Group Inc., Brampton, Ontario, for two construction seasons ending on March 31st 2006 or up to 60 days thereafter, at the discretion of the corporation, at their adjusted tendered price of $3,513,735.54, including contingencies of $547,310.83 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute a contract satisfactory to the City Solicitor." - and - "That Tender T04-021, Ambulance Waiting Station - River Road/Ottawa Street, be awarded to Gateman-Milloy Inc., Kitchener at their tendered price of $238,877., plus G.S.T., subject to ratification of the tender at the Regional Municipality of Waterloo Council meeting of Wednesday, April 28, 2004; and further, That the Mayor and City Clerk be authorized to execute a contract satisfactory to the City Solicitor." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That subject to a satisfactory agreement between the City and Lyndale Estates Ltd. as outlined in Development and Technical Services Department report DTS 04-027, dated February 17th, 2004 and subject to confirmation by Legal staff that there are no outstanding legal issues respecting previous work contracted to Sousa Concrete; Tender T04-006, Ottawa/Lackner Boulevard Sanitary Forcemain, be awarded to 410754 Ontario Limited o/a Sousa Concrete, at their adjusted tendered price of $1,142,708.11 including provisional items and contingencies of $25,900.00 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried, as Amended. The following individuals received Awards of Merit and Certificates of Service in recognition of their serving on special Committees and Boards under the jurisdiction of City Council. A number of the recipients were in attendance this date and personally received their Awards / Certificates, as well as 2004 Volunteer pins, 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 Stanley Nahrgang Ray Robinson Helena Webb Stephen Kay Glenn Scheels Peter Kruse Norm Damaren Certificates of Service Patti Duke Richard Wagner Wendy Macintosh Paula Saunders Mike Peng Mary Louise McAIlister Judy Bruyn Robyn Schuller Paul Kuntz APRIL 19, 2004 COUNCIL MINUTES - 136 - CITY OF KITCHENER Manfred Aulich William F. Nixon Donna Kernohan Anne McConnell Breton Lemieux Joe Pavia Ahmet G. Mohamud Jim Kerr Martha Fergusson Michelle Dunk Ms. Diane Boston-Nyp, Education and Promotion Director, Independent Living Centre of Waterloo Region, attended to invite members of Council to the 6th Annual Independent Living Awards to be held June 3, 2004 from 5:00 - 8:00 p.m. at the Country Hills Community Centre. She advised that the awards are given to individuals and / or businesses that assist people with physical disabilities and help to make the community accessible for all. She announced that the Distinguished Volunteer Award will be given to Sue Morgan, an active volunteer and recognized City employee Mr. Larry Lynch as past recipient of the Barrier Free Access Award. Ms. Michelle Hodgins and Ms. Sandi McCarthy, Upper 59 Productions, attended with respect to the 14th Annual Rock Revival Show held on February 27, 2004 which was performed by past and present City staff and members of Council. They advised that in support of the Foodbank, $5,000. in donations was collected. Ms. Wendy Campbell, Acting Executive Director, accepted the donation and noted that the Foodbank has received over $25,000. in donations as a result of its 14-year association with this event. Council was in receipt of correspondence dated April 12, 2004 from Mr. Brian Dahmer, General Manager, 907375 Ontario Limited, o/a Camper's World, concerning erection of a third-party sign at 637 Victoria Street North. Mr. Dahmer was in attendance to request permission to erect the sign immediately and that regulations of the City's Sign By-law not be enforced pending a decision of the Committee of Adjustment relative to a variance application for the subject sign. He explained that the sign is required because of an error made in an advertisement in the local telephone book - yellow pages. He noted that the business is also contending with construction on Victoria Street and as the business is entering its prime selling season it is imperative that the sign be erected as quickly as possible. Mr. Shayne Turner, Director of Enforcement, advised that staff have no objection to the request of Mr. Dahmer, who has given assurance that he will abide by whatever decision is made by the Committee of Adjustment. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That By-law Enforcement staff be directed not to enforce regulations of the City's Sign By-law respecting a third-party sign to be erected at 637 Victoria Street North to advertise a commercial business at 1621 Victoria Street North (907375 Ontario Limited o/a Camper's World), until such time as the Committee of Adjustment renders a decision respecting a sign variance application relative to the subject sign." Carried. Mr. Ron Charie, President and CEO, Kitchener-Wilmot Hydro Inc. (KWHI) / Kitchener Power Corporation, attended to present the 2003 Annual Report. A summary document highlighting aspects of the Annual Report was circulated this date. Mr. Charie commented on the financial statements noting total revenues of $161M, of which $16M (approximately 10%) is collected to pay down the Ontario Hydro debt. He reviewed statements of operations and expenses, and commented on service reliability. With respect to the latter, he advised that problems experienced with service interruptions relate directly to incoming supplies over which KWHI has no control. He pointed out that KWHI statistics for average interruption duration, excluding the August 14 Provincial blackout, remain well within industry parameters. He advised that KWHI is in a good financial position and continues to re-invest in its infrastructure. Mr. Charie commented that KWHI customers enjoy the lowest rates in the Province with only $1.40 per month added to a typical residential billing in the past 10 years. In response to questions, Mr. Charie clarified various aspects of the financial statements with respect to regulatory liabilities, payment of property taxes, revenue collection in payment of the Ontario Hydro debt and local service interruptions. Mr. Charie also presented the 2004 Reforestation Grant, representing KWHI's commitment to replenish trees removed as a result of maintenance of its hydro lines. Ms. P. Houston, General Manager of Financial Services and City Treasurer, accepted a cheque on behalf of the City in the amount of $30,000. Mr. Charie advised that KWHI has contributed a total of $390,000. to the City towards reforestation efforts. APRIL 19, 2004 COUNCIL MINUTES - 137 - CITY OF KITCHENER Council was in receipt of Community Services Department report CSD-04-075 (K. Baulk), dated April 12, 2004, listed as Item B.9 on the Committee of the Whole agenda this date. The report deals with a request to support a bid by the Kitchener Rangers Hockey Club to host the 2005 Memorial Cup and to provide the Hockey Club with an interest-bearing loan. Mr. Steve Bienkowski, Chief Operating Officer, Kitchener Rangers, attended in support of the request, advising that the Kitchener Rangers are among five other Hockey Clubs bidding to host the 2005 Memorial Cup event. He stated that a quality business plan has been developed and the Club is assuming all responsibility for funding the guarantee. To assist in financing the guarantee, the Hockey Club is requesting the City to advance an interest-bearing loan for 60 days. Mr. Keith Baulk, Director of Enterprise, added that details of the loan will not be disclosed until awarding of the bid because of the competitive nature of the bid process. In response to Councillor J. Gazzola, Mr. Baulk advised that the business plan was reviewed by Ms. P. Houston, who indicated that she was comfortable with the level of risk involved. Mr. Bienkowski added that the Hockey Club has provided loans to the City, and vice versa, in the past for benefit of other projects and the City is entitled to hold 2004-05 season tickets sales as added insurance. Councillor J. Gazzola stated that he would support the request if the Hockey Club agreed to include its investments as additional collateral and Mr. Bienkowski advised that the Club would have no concerns in doing so. On motion by Councillor G. Lorentz, seconded by Councillor B. Vrbanovic, the recommendation contained in staff report CSD-04-075 to support the 2005 Memorial Cup bid and approve the interest- bearing loan was brought forward for consideration. Several members of Council spoke in favour of the motion, commenting that it was unnecessary to include the Hockey Club's investments as collateral as the Club has demonstrated a strong history of financial responsibility and the event presents opportunity to generate significant economic benefits for the community. A motion by Councillor J. Gazzola to amend the motion of Councillor G. Lorentz to require that the Kitchener Rangers Hockey Club include its investments as collateral for the term of the interest- bearing loan was not considered as it failed to receive a seconder. A recorded vote was requested. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the City of Kitchener support the bid by the Kitchener Rangers Hockey Club to host the 2005 Memorial Cup; and further, That the City provide an interest bearing loan to the Kitchener Rangers to bridge the financial requirement for the guarantee with details of the loan agreement subject to the satisfaction of the City Treasurer and City Solicitor." Carried, Unanimously. Messrs. Jeff Willmer, Director of Planning, and Ryan Mounsey, Senior Planner, gave a presentation on the importance of urban design in Kitchener. Mr. Willmer advised that future development will consist of two forms of design, being suburban communities and re-development including such initiatives as infill, adaptive re-use and intensification. He pointed out that the purpose of the presentation this date is to bring awareness to issues Council will be asked to consider in future discussions regarding municipal development. Mr. Mounsey then gave a detailed presentation respecting the role of urban design. He stated that urban design is a process of giving physical design direction to urban growth, conservation and change; the analysis and design of the City's physical form; and involves a multi-disciplinary field, public and private realm, and micro and macro scale. Highlights of his presentation are as follows: · Urban design involves creating a vision to define neighbourhood identities (how they connect and relate to each other) and to improve quality of life and living spaces; place-making and people; design excellence; and implementation; · Use of design guidelines / studies and urban models are becoming common to the development process; · Key principles take into consideration street orientation; building fit within the surrounding area; and historical preservation; · Current issues include among others, growth pressures / intensification; massing / orientation; limited land supplies; and transportation issues. COUNCIL MINUTES APRIL 19, 2004 - 138 - CITY OF KITCHENER Mr. Mounsey advised that the next steps will involve preparation of a discussion paper for future consideration, various presentations / workshops and final reports with recommendations for changes to the existing Design Manual / Briefs. Mr. Alex Taranu, Professional Planner, Canadian Institute of Planners - National Urban Design Group (NUDIG) and Ms. Karen Hammond, Teacher, University of Waterloo, attended in their capacity as representatives of the Urban Design Working Group to support the role of urban design in Kitchener. Mr. Taranu advised that NUDIG nationally champions the cause of urban design as an integral part of the planning process and works to promote understanding of the issues through conferences, shared resources, research / outreach, educational study tours and visioning sessions. Ms. Hammond acknowledged the support of the City on a number of projects involving student designs and shared visioning which provide learning opportunities for students and was pleased the City was moving forward with a design-based approach. Mr. Taranu pointed out that good design benefits by creating sustainable developments; attracts business and investment; reinforces civic pride; relieves growth pressures; improves quality of life and gains public acceptance. Messrs. Glenn Scheels, GSP Planning Consultants, and Paul Britton, MHBC Planning Limited, provided a local perspective on the importance of urban design. Mr. Scheels noted that the City's role is important in setting the direction of urban design and needs to be sure of location, buildings and spaces in creating the public realm. Mr. Britton commended the City for its past history of being a leader in implementing strong planning tools such as the City's Municipal Plan, Secondary Planning process and Urban Design Guidelines. He encouraged continued involvement of the K-W Homebuilders Group, who have enjoyed a long-standing relationship with the City in collaborating on matters of planning and added that care needs to be taken to ensure enhancements made to the Urban Design Manual and Design Briefs do not impede development. Mr. Lawrie Carter, Chair, Grand Valley Society of Architects, provided an urban design perspective from an architectural point of view. He commented that it is important in designing to look at cities as physical spaces and not just in terms of statistical measurements. He stated that architecture is in the forefront of planning and understanding that development is more than just property or a means of wealth is important to ensuring a biosphere that supports life and provides quality living. Council thanked the delegations for their presentations and Mayor C. Zehr advised that the issue of urban design will be further discussed at future meetings of the Development and Technical Services Committee. It was also requested that the issue of urban design be referenced in the Shared Agenda. Mayor C. Zehr advised that this is the last formal Council meeting Mr. Jeff Fielding will attend as Chief Administrative Officer for the City, as he has accepted the position of City Manager with the City of London. Mr. Fielding commented that he was born and raised in the City of Kitchener and reminisced of people and places that influenced him as he was growing up in the City. He acknowledged the hard work and dedication of Corporate Management Team colleagues and municipal staff and extended best wishes to Fire Chief Rob Browning in his new capacity as Interim Chief Administrative Officer. Mayor C. Zehr commended Mr. Fielding for his professional approach, innovative thinking and in particular, his passion and compassion in working within the Corporation. Members of Council and those in attendance then stood to congratulate Mr. Fielding on his appointment and wished him well in his new position. Council was in receipt this date of Development and Technical Services Department report DTS-04- 056 (D. Ross), dated April 14, 2004, concerning Zone Change Application ZC 03/06/S/SL, Savic Homes Limited (In Trust), Strasburg Road and Bleams Road, relative to Clause 3 of the Development and Technical Services Committee report of this date. The report addresses issues of concern raised by area residents respecting their perception of a walled effect created by construction of townhouses on the site and the impact on privacy. Mr. Bill Corbett attended on behalf of area residents, advising that he had met with representatives of the developer and City staff on April 13, 2004 to discuss issues of concern. He noted that concerns respecting the location of a bus stop and fencing remain an issue. Residents are concerned that the proposed location of the bus stop next to the driveway entrance off Strasburg Road will create an unsafe environment for transit riders. With respect to fencing, Mr. Corbett pointed out that some of the abutting properties on The Country Way have existing chain link fences and the developer is reluctant to construct fence on fence. He requested that the developer be required to install a wooden fence to a height of approximately 7 ft. along the lot line of all abutting properties on The COUNCIL MINUTES APRIL 19, 2004 - 139 - CITY OF KITCHENER Country Way to ensure privacy and existing chain link fencing could then be removed at the discretion of the affected property owner. Mr. Corbett also raised concern that only abutting property owners received notification of the April 13th meeting and suggested that all residents receiving original notification within 120m of the zone change should have been included. Councillor G. Lorentz referred to previous issues raised concerning compatibility of the development with the surrounding area, noting that residents had indicated a preference for a service station use over the proposed condominium townhouses. Mr. Corbett advised that residents had discussed zoning implications with a real estate expert and had concluded a C7 zoning would be more satisfactory than R6 zoning. Mr. Sam Head, Dryden, Smith & Head Planning Consultants, attended on behalf of the developer and in response to questions, advised that fencing could be addressed as part of the site plan approval process; however, he noted that the Region of Waterloo has responsibility for transit matters. He added that the Region will provide its comments concerning transit and any other relevant issues to the site plan process. In response to a question from Councillor M. Galloway as to whether his client was prepared to construct a 6' or 7' wooden fence, Mr. Head responded that he cannot categorically commit without consulting his client, but added that if required to in order to obtain approval he would likely be prepared to construct. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 3 of the Development and Technical Services Committee report be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by clause. Clause 3 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." At the request of Councillor J. Smola, it was agreed to defer and refer Clause 2 of the report dealing with funding for construction of the Downtown Community Resource Centre to the May 3, 2004 Council meeting, to allow staff additional time to meet with the Waterloo Catholic District School Board to complete draft agreements that were to have been provided to Council prior to the meeting this date. Councillor J. Gazzola advised that he could not support Clause 1 of the report dealing with construction of the Stanley Park Community Centre as the cost of the project is substantially higher than any other existing centre. Councillor Gazzola also advised that he could not support Clause 4 of the report dealing with an interest-free loan to the Kitchener Rangers Hockey Club as it was his opinion the Club has the financial means to pay interest on the loan and the purpose of the addition is to meet administrative needs of the Club. Councillor B. Vrbanovic spoke in favour of Clause 4, acknowledging long-standing benefits accrued to the City through its partnership initiatives with the Hockey Club and pointed out that ultimately the proposed addition will become City property. Councillor Gazzola also commented in regard to Clause 2 dealing with the Downtown Community Resource Centre, noting that Council has yet to see draft joint venture, lease and operations agreements for the facility and that it is his understanding the project is already 20 percent over budget. COUNCIL MINUTES APRIL 19, 2004 - 140 - CITY OF KITCHENER The Community Services Committee report was then voted on clause by clause. Clause 1 - Carried. Clause 2 - Deferred and referred to the May 3, 2004 Council meeting to allow additional information to be provided. Clause 4 - Carried. Balance of report - Carried. Council was in receipt this date of Strategic Services Department report SSD-04-014 (P. Bacon), dated April 14, 2004, concerning a proposed sub-lease plan for the Victoria Park School relative to the vacancy that will be created by moving the existing seniors community centre to the new Downtown Community Resource Centre in the St. Mary's block. Councillor C. Weylie requested that this report be received rather than accepted and the report be referred to Kitchener Housing Inc. for consideration and recommendation to City Council. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Strategic Services Department report SSD-04-014 (Victoria Park School - Sublease Plan) be received and stand referred to Kitchener Housing Inc. for consideration and report / recommendation back to City at a future date." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. Councillor G. Lorentz referred to his request at the March 29 Council meeting concerning flying a flag at half mast at a City facility to recognize fatalities of the Canadian Armed Forces as a result of serving in peacekeeping missions overseas. He clarified that he had intended that a flag be flown at half mast, not only in the event of a fatality, but for the duration of the ongoing war as a reminder of Canadian peacekeeping efforts. Mayor C. Zehr and Councillor B. Vrbanovic agreed that it would be appropriate to provide some form of recognition; however, suggested that as protocol for flying flags at half mast is related specifically to a death, some other form of recognition may be more appropriate to act as a reminder of peacekeeping efforts. Mayor Zehr agreed to work with the City Clerk to draft various options for consideration in respect to this matter. At the request of Councillor B. Vrbanovic, Mayor C. Zehr agreed to approach Regional Council to request that consideration be given to facilitating development of a shared agenda with the Region. Mayor C. Zehr advised that a letter is being forwarded to the Regional Medical Officer of Health advising of the City's support in entering into co-operative agreements for the application of larvacide, including in any catchbasin, to control larval mosquitos to combat the West Nile Virus. Such applications to be applied by a local firm in accordance with chemical control measures according to Ministry of Environment guidelines. Council agreed to a request of G. Sosnoski, General Manager of Corporate Services & City Clerk, to add three by-laws to the agenda for three readings this date. The first relates to Clause 3 of the Development and Technical Services Committee report dealing with an amendment to the City's Zoning By-law 85-1 regarding Zone Change Application ZC 03/06/S/SL (Savic Homes Limited - Strasburg / Bleams Road). The two remaining by-laws establish and lay out parts of Max Becker Drive and Cotton Grass Court as public highways. APRIL 19, 2004 COUNCIL MINUTES - 141 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e) Being a by-law to exempt certain lots from Part Lot Control - Part of Lot 18, Registered Plan 58M-282; and Part of Lots 12 and 20 to 29 inclusive, Registered Plan 58M-310. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Savic Homes Limited (In Trust) - Bleams Road and Strasburg Road. (h) Being a by-law to provide for the establishing and laying out of part of Max Becker Drive as a public highway in the City of Kitchener. (i) Being a by-law to provide for the establishing and laying out of part of Cotton Grass Street as a public highway in the City of Kitchener. 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 M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "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 J. Smola Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2004-65) (b) 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. 2004-66) APRIL 19, 2004 COUNCIL MINUTES - 142 - CITY OF KITCHENER (c) (d) (e) (f) (g) (h) (i) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2004-67) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2004-68) Being a by-law to exempt certain lots from Part Lot Control - Part of Lot 18, Registered Plan 58M-282; and Part of Lots 12 and 20 to 29 inclusive, Registered Plan 58M-310. (By-law No. 2004-69) To confirm all actions and proceedings of the Council. (By-law No. 2004-70) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Savic Homes Limited (In Trust) - Bleams Road and Strasburg Road. (By-law No. 2004-71) Being a by-law to provide for the establishing and laying out of part of Max Becker Drive as a public highway in the City of Kitchener. (By-law No. 2004-72) Being a by-law to provide for the establishing and laying out of part of Cotton Grass Street as a public highway in the City of Kitchener. (By-law No. 2004-73) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:00 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 19, 2004 - 143 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE That the Regional Municipality of Waterloo, the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the reconstruction projects listed as City of Kitchener Contract Nos. T04-008 and T03-034. The request for the exemption is between the hours of 7:00 p.m. to 11:00 p.m. for the period from March 17, 2004 to September 30, 2004. That the "No Stopping Anytime 8:30am - 4:30pm Monday to Friday" regulation on the north side of Autumn Hill Crescent between Westheights Drive to a point 125m west of Westheights Drive be extended to a point 243m west of Westheights Drive; and further, That the Uniform Traffic By-law be amended accordingly. That subject to further consultation with the area residents, Zone Change Application ZC 03/06/S/SL, for Savic Homes Limited, to change the zoning on the subject lands, on Strasburg Road at Bleams Road, from Service Station Zone (C-7) to Residential Six Zone (R-6) on lands legally described as Block "P", RP 1416, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated March 3, 2004, without conditions. (Dealt with under Delegations and Carried.) 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, grant draft approval to Plan of Subdivision Application 30T-02206, in the City of Kitchener, for Hallman Brierdale Limited, subject to the following conditions: That this approval applies to Plan of Subdivision 30T-02206 as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated March 1, 2004, which shows the following: Block 1 Block 2 Block 3 Block 4 - multiple residential (maximum 54 units) - multiple residential ( maximum 30 units) - future development/temporary storm water management - 0.3m reserves 2. CITY OF KITCHENER CONDITIONS: 2.1 That the Mayor and Clerk be authorized to sign a City Standard Residential Subdivision Agreement, satisfactory to the City Solicitor, with the SUBDIVIDER (Hallman Construction Limited) regarding the lands shown outlined on the attached Plan of Subdivision dated March 1, 2004 and which shall contain the following special conditions: Part 3 - Prior to Servicin,q 3.16 The SUBDIVIDER agrees to construct and maintain, at his cost, a temporary storm water management facility on Block 3 of the plan. Once the SUBDIVIDER is advised by the CITY that the stormwater management facility is no longer required, the SUBDIVIDER agrees to remove the temporary facility, at his cost, including the regrading of the adjacent City lands (future park) to the satisfaction of the General Manager of Community Services should the stormwater management facility be located partially on City lands. 3.17 The SUBDIVIDER agrees to provide an easement to the CITY for connection to the Kolb Greenway Sanitary Trunk Sewer to facilitate an interim sanitary servicing solution. Once the SUBDIVIDER is advised by the CITY that permanent sanitary servicing is available the SUBDIVIDER will be responsible to remove the pipe and appurtenances at his cost at which time the CITY shall provide a quit claim for the easement. COUNCIL MINUTES APRIL 19, 2004 - 144 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 4. (Cont'd) Part 4 - Prior to Issuance of Buildinq Permits 4.23 The SUBDIVIDER agrees that no building permit be issued for Block 1 until Dunnigan Drive has been constructed at the SUBDIVlDER's cost, to the satisfaction of the Director of Engineering, to the limit of the proposed Temporary Turning Circle shown on the plan. 4.24 The SUBDIVIDER agrees that no building permit be issued for Block 3 until Dunnigan Drive has been constructed at the SUBDIVlDER's cost to the limit of this plan to the connection of Dunnigan Drive in Plan of Subdivision 30T-91005. Should the City proceed to complete the construction of Dunnigan Drive to the limit of this plan, prior to building permits being required for Block 3, the SUBDIVIDER agrees to reimburse the City the amount of the final cost of the construction for this portion of the road, to the satisfaction of the Director of Engineering prior to issuance of building permits for Block 3. 4.25 The SUBDIVIDER agrees that should Block 3 be maintained as the permanent location for the stormwater management facility, with the approval of the Director of Engineering, the SUBDIVIDER agrees to pay to the City the amount of the cost of the construction of Dunnigan Drive from the terminus of the turning circle to the limit of the plan. Part 6 - Other Time Frames 6.10 The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Lackner Boulevard only and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY'S Director of Engineering. 6.11 The SUBDIVIDER agrees to provide an easement to the CITY, for the purpose of providing servicing to adjacent lands, if necessary, to the satisfaction of the CITY's Director of Engineering in consultation with the consulting engineer for the SUBDIVIDER. The appropriate easement shall be granted to the CITY, at the CITY's request, and the CITY agrees to quit claim the easement when appropriate. 2.2 That prior to final approval of the plan to be registered, the SUBDIVIDER shall fulfill the following conditions: 1. The City Standard Residential Subdivision Agreement be registered on title. 2. That Plan of Subdivision 30T-95024 be registered. The SUBDIVIDER agrees that prior to the registration, Block 2 Stage 1 of Draft Plan of Subdivision 30T-95024 be consolidated with Block 1 and Block 3, in order to provide for the necessary turning circle. The SUBDIVIDER agrees to convey to the CITY, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision a 0.3 metre reserve at the limit of the turning circle on Dunnigan Drive to the satisfaction of the Director of Engineering. The SUBDIVIDER agrees to convey to the CITY the lands outside of the limit of submission that are identified as future park, to the satisfaction of the General Manager of Community Services. COUNCIL MINUTES APRIL 19, 2004 - 145 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 4. (Cont'd) The final plans for registration shall show all lots intended for development as single detached, semi detached or duplex dwellings and a City Standard Supplementary Residential Subdivision Agreement showing such lotting shall be registered for each stage prior to the registration of such stage. This condition shall not apply if the plan is to be registered prior to the approval of servicing plans. 7. The SUBDIVIDER shall submit copies of the final plan for registration to the CITY'S Manager of Design and Development and shall obtain approval therefrom. 8. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Director of Engineering, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of the monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 10. The SUBDIVIDER shall make satisfactory arrangements with Kitchener Wilmot Hydro for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 11. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 12. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: a) to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to HYDRO, and telephone companies and the City, to the CITY'S Manager of Design and Development. b) to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Director of Engineering Services for municipal services; c) to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; d) if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Manager of Design and Development or, in the case of parkland, the CITY'S General Manager of Community Services; and e) to provide to the CITY'S Manager of Design and Development, a clearance letter from each of HYDRO and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. 13. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. COUNCIL MINUTES APRIL 19, 2004 - 146 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 4. (Cont'd) 14. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Manager of Design and Development, in accordance with the following criteria: a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY's Manager of Design and Development; b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Manager of Design and Development; d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development and Technical Services. 15. The SUBDIVIDER shall have landscape plans for the stormwater management facilities prepared by an environmental professional acceptable to the CITY'S General Manager of Community Services and to obtain therefrom, approval of such plans. 16. The SUBDIVIDER agrees that the streets shall be named to the satisfaction of the CITY'S Manager of Design and Development in accordance with Council Policy I -1070. 17. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Manager of Design and Development, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 18. The SUBDIVIDER agrees to convey to the CITY the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the plan of subdivision: Block 4 for a 0.3m reserves. COUNCIL MINUTES APRIL 19, 2004 - 147 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 4. (Cont'd) 3. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfies the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: 1. a) That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Transportation and Environmental Services shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of afl conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have afl conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. That the owner complete a Noise Study to indicate to the Regional Municipality of Waterloo, methods to be used to abate traffic noise levels from Lackner Boulevard for Block 2 and, if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for implementation of the approved noise study attenuation measures prior to the issuance of building permits. 4. OTHER AGENCY CONDITIONS Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a) A detailed storm water management report in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual" and in keeping with the stormwater management strategy outlined in an April 24, 1996 letter and Preliminary Stormwater Management Report (April 19, 2002) prepared by MTE Consultants Inc.). b) A detailed Lot Grading, Servicing and Storm Drainage Plan. COUNCIL MINUTES APRIL 19, 2004 - 148 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 4. (Cont'd) c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating the means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. d) An application for Fill, Construction and Alteration to Waterways Regulation Permit pursuant to Ontario Regulation 149 for any storm sewer outfalls or other alterations within Kolb Creek or its associated floodplain. 5. CLEARANCE CONDITIONS That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services Conditions 3.1 to 3.3 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the Grand River Conservation Authority that Condition 4.1 a) to d) has been carried out to the satisfaction of the GRCA. The clearance letter from the GRCA shall include a brief statement detailing how the condition has been satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by the telephone company that Conditions 2.1.6 and 2.1.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. That prior to the signing of the final plan by the City's Manager of Design and Development, the Manager shall be advised by Kitchener Wilmot Hydro that Conditions 2.1.5 and 2.1.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the conditions were satisfied. 6. NOTES Development Charges The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality (RDC By-law 99-038) are applicable. Registry Act The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Updated Information It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Business and Planning Services Departments of any changes in ownership, agent, address and phone number. Agreement Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. APRIL 19, 2004 COUNCIL MINUTES - 149 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 4. (Cont'd) Fees The owner/developer is advised that the City of Kitchener and the Regional Municipality of Waterloo have adopted By-Laws, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. Approvals for Servicing Systems The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Stormwater Management The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Sewage System The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, is submitted to the Ministry of the Environment for approval. Planning Act Applicability This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). 10. Regional Servicing Agreement The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owneddeveloper must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owneddeveloper will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. 11. Registration Release To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. APRIL 19, 2004 COUNCIL MINUTES - 150 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 4. (Cont'd) 12. Final Plans - Subdivision When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the signature of the CITY's Director of Planning will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints That the following recommendation contained in Development and Technical Services Department report DTS-04-039, dated March 9, 2004, be deferred and referred to the April 26, 2004 Development and Technical Services Committee meeting, to allow further consultation with the Neighbourhood Association: "That · · · · · · · · the following plans be repealed in their entireties: Block Plan 66 Country Hills West Secondary Plan Forest Heights Community Concept Plan Forest Heights West Community Plan Grand River North Community Plan Grand River South Area 1 Community Plan Lower Doon Secondary Plan Pioneer Park West Community Plan." COMMUNITY SERVICES COMMITTEE - That the budget for the Stanley Park Community Centre be approved, as outlined in Community Services Department report CSD-04-071; and, That a contribution of $100,000 from the Stanley Park Community Association be accepted toward construction of the Community Centre; and, That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with the Stanley Park Community Association under which the City would provide a loan in the amount of $100,000 to the Stanley Park Community Association allowing the Association to contribute an additional $100,000 toward the Community Centre; and, That $1,500,000 be transferred from the Development Charge Reserve fund to the Stanley Park Community Centre Capital Project; and, That the excess capital funds for this project of $458,420 be transferred to Capital Surplus; and further, That staff proceed with preparation of the tender documents, selection of a construction manager, and pricing and construction of the work. That an expenditure of $2.5 M ($1.7 M capital expenditure and $0.8 M Superbuild funds) be re- affirmed for a Downtown Community Resource Centre, as outlined in Community Services Department report CSD-03-083 (June 4, 2003); and further, COUNCIL MINUTES APRIL 19, 2004 - 151 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) That additional capital funds in the amount of $429,000 required for the Downtown Community Resource Centre, as outlined in Community Services Department report CSD-04-033 (March 30, 2004), be transferred from the Capital Fund Surplus from the Stanley Park Community Centre project account. (Deferred and referred to the May 3, 2004 Council meeting to allow additional information to be provided relative to draft agreements with the Waterloo Catholic District School Board.) That the request to advance expansion of the Mill Courtland Community Centre in the Capital Forecast from 2012 to 2005, as outlined in Community Services Department report CSD-04-074, be deferred pending consultation with affected parties and consideration as part of the Leisure Facilities Master Plan Study (LFMP); and further, That a report respecting this matter be included with the draft LFMP Study to be presented to the Community Services Committee in June 2004. That the City of Kitchener support the Kitchener Ranger Hockey Club proposal for an addition to the Kitchener Memorial Auditorium Complex (KMAC), as presented by Schiedel Construction, subject to further design input by representatives of both the Hockey Club and the City; and, That the Kitchener Rangers Hockey Club pay all costs associated with construction and furnishing of the new addition; and, That the City provide a $200,000 interest free loan from the Community Loan Account, repayable over not more than five (5) years at $40,000 per year; and further, That the Mayor and Clerk be authorized to sign an agreement, to the satisfaction of the City Solicitor, confirming ownership of the building by the City and outlining general financial and operating issues. That staff develop a plan identifying steps that can be taken to prepare for, and minimize, the impact should an invasive quarantine tree pest be identified within Kitchener or adjacent municipalities; and, That, as part of the proposed plan, staff develop a draft by-law that would permit City Forestry staff to enter upon private property to inspect for alien pests and to remove infested trees on all public and private property, with the consent of the property owner; and further, That staff prepare a report outlining details of the proposed plan and draft by-law for consideration at a future Community Services Committee meeting. FINANCE AND CORPORATE SERVICES COMMITTEE - That the Greek Orthodox Community of Saints Peter and Paul Kitchener-Waterloo & Cambridge, be granted permission to operate a refreshment stand on their premises at 527 Bridgeport Road East, Kitchener, on June 11 to 13, 2004, provided the necessary licence is obtained, including Health and Fire approval, 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. That the City of Kitchener has no objection to a liquor licence being issued to the Holy Spirit Festival Association of Kitchener-Waterloo for an event to be held on June 11 - 13, 2004 at 1548 Fischer-Hallman Road East, Kitchener; and further, APRIL 19, 2004 COUNCIL MINUTES - 152 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) That this event be declared a 'Community Festival' for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage and promotes unity and understanding within our community. That the request of the Optimist Club of Southwest Kitchener to operate a Hot Dog Cart during sporting events at the Southwest Sportsfields from April to October, 2004, be approved, provided the necessary licence is obtained, including Health and Fire approval; and further, That the reduced fee of $10.00 be applicable. That the request of Joseph Schneider Haus for a reduced fee for two Temporary Retail Market Licences for the following events to be approved, subject to obtaining all other necessary approvals: a) The Herb Fair and Perennial Exchange to held at the Joseph Schneider Haus on May 1, 2004; and, b) The Heart and Hand Festival to be held at the Joseph Schneider Haus on August 28, 2004. That the request of the Resurrection Neighbourhood Association to locate two barbeques on City property on May 15 or 16, 2004, one in Resurrection Park and one at the intersection of Glasgow Street and Resurrection Drive, in connection with a community yard sale, be approved. That no action be taken to collect the fines owing with respect to outstanding parking tickets issued by the City of Kitchener between 1990 and 1993; and further, That the Region of Waterloo be notified to destroy the files associated with these fines in accordance with their records retention provisions. COUNCIL MINUTES APRIL 19, 2004 - 153 - 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. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Jeanette Collins, employed at 2271 Kingsway Drive, Kitchener, (Phoenix) be granted a 2004 Adult Entertainment Parlour Attendant Licence." 2. Encroachment Aqreement - 535 Marl Meadow Crescent It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Part Block 4, Plan 1832 designated as Part 57 on Reference Plan 58R-12889, municipally known as 535 Marl Meadow Crescent, to legalize the existing encroachment of a fence which encroaches approximately 17.5 metres along the rear lot line with a maximum width of 2.2 metres, more or less, on adjacent City owned property." 3. Declaration of Surplus Lands It was resolved: "That vacant land measuring approximately two metres by two metres, being part of Block 120, Registered Plan 58M-299, designated as Part 1 on Plan 58R-14265, be declared surplus to the City's needs; and further, That Legal Services be directed to transfer a permanent easement to Bell Canada to construct a remote switch box to serve the nearby residential area." 4. Various Tenders Dealt with under Delegations. 5. Uncollectible Utility Accounts - Write Off Council considered Financial Services Department report FIN-04-020 (P. Houston / J. Evans), dated April 13, 2004. Councillor G. Lorentz commented that he was not in receipt of the list of utility accounts to be written off and asked that this matter be deferred pending circulation of the list to members of Council. It was resolved: "That consideration of Financial Services Department report FIN-04-020 - Uncollectible Utility Accounts Write Off (P. Houston / J. Evans), dated April 13, 2004, be deferred and referred to the April 26, 2004 special Council meeting to allow circulation of additional information." APRIL 19, 2004 COUNCIL MINUTES - 154 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 6. Sale of Tickets - Royal Canadian Leqion - Ontario Command Council considered Corporate Services Department report CRPS-04-058 (J. Koppeser), dated April 5, 2004. It was resolved: "That the City of Kitchener has no objection to the Royal Canadian Legion-Ontario Command, 89 Industrial Parkway North, Aurora, ON, L4G 4C4, selling tickets in the City of Kitchener for a draw to be held on May 17, 2005 at Gait Arena Gardens, 98 Shade St., Cambridge, Ontario." 7. Request to Hold Charity BBQ & Sale - 85 Grand Crest Place Council considered Corporate Services Department report CRPS-04-059 (J. Koppeser), dated April 5, 2004. It was resolved: "That Rogers Cable, 85 Grand Crest Place, Kitchener ON, be granted permission to operate a Refreshment Vehicle on Saturday, May 8, 2004, provided the necessary licence is obtained, including Fire and Health approvals." 8. Request to Operate Hot Doq Carts - 273 Stoke Drive / 112 Wexford Crescent Council considered Corporate Services Department report CRPS-04-060 (J. Koppeser), dated April 13, 2004. It was resolved: "That the request of Les Halat to operate two hot dog carts, one at 273 Stoke Drive and one at 112 Wexford Crescent, during the annual Community Garage Sale on May 1, 2004, be approved, provided the necessary licence is obtained, including Fire and Health approvals." 9. 2005 Memorial Cup Bid - Kitchener Ranqers Hockey Club Dealt with under Delegations. 10. Local Improvement Project - Sanitary Sewer & Connections and Watermains & Connections - Portion of Rothsay Avenue Council considered Development and Technical Services Department report DTS-04- 054 (G. Stewart / R. Shamess / D. Kerr), dated April 6, 2004. It was resolved: "That a Local Improvement Project be initiated by the City of Kitchener under Section 2 of the Municipal Act for the construction of a sanitary sewer and connections and watermains and connections on both sides of: · Rothsay Avenue from Natchez Road to 150m east of Forfar Avenue." COUNCIL MINUTES APRIL 19, 2004 - 155 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 11. Kitchener Downtown Improvement Area Board of Management - 2004 Appointments Council considered Corporate Services Department report CRPS-04-063 (R. Gosse), dated April 14, 2004. It was resolved: "That, in accordance with Chapter 70 (Board of Management - Downtown Improvement Area) of the Municipal Code, the following persons be appointed to the Board of Management-Downtown Improvement Area for a term ending December 1, 2006: Paul Allen Kevin Chalk Anna Harmony Le-Anne Pilecki." Zubair Siddiqi Wilfredo Trujillo John Vickery Stan Budd Tony DiBattista Tamara McBride Jared Sommers Douglas Trumble Paul Walman 12. Committee of Adjustment Decision Council considered minutes and other background information from D. Gilchrist, Acting Secretary-Treasurer, Committee of Adjustment, regarding a meeting held March 30, 2004. It was resolved: "That the application of Home Hardware (1014 Victoria Street North) requesting permission to erect three fascia signs with a projection from the wall of 0.91m (3 ft.) rather than the required 0.35 m (1.15 ft.) on Lot 1, Registered Plan 971, 1014 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved shall apply to the sign generally as shown on the plans submitted with this application." 13. Bin.qo Request - Optimist Club of Westvale-Waterloo Council considered Corporate Services Department report CRPS-04-056 (J. Koppeser), dated April 5, 2004. It was resolved: "That the request of the Optimist Club of Westvale-Waterloo to hold bingos in the City of Kitchener be approved, providing that the funds raised are used for charitable purposes as mandated in the Provincial Regulations." 14. Selection of Search Firm - New Chief Administrative Officer Council was in receipt this date of report Council-04-002 (Mayor C. Zehr), dated April 15, 2004, concerning appointment of a search firm to recruit a new Chief Administrative Officer. It was resolved: "That Legacy Executive Search Partners Inc. be appointed for the purposes of conducting the search for the Chief Administrative Officer at an upset fee of $36,000. plus approved expenses; and further, That the Mayor and Clerk be authorized to execute the necessary documents to the satisfaction of the City Solicitor." COUNCIL MINUTES APRIL 19, 2004 - 156 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 15. Sidewalk Patios - Permission to Operate Council was in receipt this date of Corporate Services Department report CRPS-04-064 (J. Sheryer), dated April 15, 2004, relative to requests from three commercial businesses to operate sidewalk patios at their respective premises. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties to October 31, 2004; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Big City Donuts, located at 24 Gaukel Street, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties to October 31, 2004; and further, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Dandy's Restaurant, located at 85 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties to October 31, 2004."