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HomeMy WebLinkAboutCouncil Minutes - 2004-09-20COUNCIL MINUTES SEPTEMBER 20, 2004 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "O Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held August 30, 2004 and special meetings held August 30 and September 13, 2004, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, Councillors M. Galloway and G. Lorentz disclosed pecuniary interests at the in-camera meeting of City Council held September 13, 2004 in regard to matters involving, respectively, solicitor-client privilege and potential litigation. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mayor C. Zehr presented the Governor General's Certificate of Commendation to Mr. John Konya, a resident of Kitchener. He noted that the Certificates are issued to persons who have made a significant difference in the lives of others by providing assistance in a selfless manner and Mr. Konya was recognized for his actions as a paramedic during a significant volatile event. 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 a report this date requesting Council consider an additional Tender T04-061 dealing with the construction of Shirley Drive. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That Expression of Interest E04-055, Consultant Services - Audit - Natural Gas Operations, be awarded to Hetek Solutions Inc., London, Ontario at their estimated fee of $150,000, plus G.S.T., over two years; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T04-048, Sale of Municipal Properties - Lots 14 to 24 Inclusive (Existing Town Homes and Vacant Land), be awarded to the highest bidder, Bridgeport Homes Inc., Kitchener., at their tendered price of $730,000, subject to the execution of an agreement of purchase and sale satisfactory to the City Solicitor." - and - "That Tender T04-061, Shirley Drive Construction, be awarded to E. & E. Seegmiller Limited, Kitchener at their tendered price of $1,056,602.53, including a provisional item of $487,900. for site grading, contingencies and provisional items of $25,549.50 & G.S.T.; and further, That the Mayor and Clerk be authorized to execute contracts satisfactory to the City Solicitor subject to receipt of signed agreements from the Developer with regard to the payment for the area grading identified as Part B of the tender and signed agreement with respect to frontage charge, financing for road & sewer and revisions to the Development Agreement." Carried. Council was in receipt of Development and Technical Services Department report DTS-04-144 (J. McBride) and Council report CL-04-005 (Councillor J. Gazzola), both dated September 15, 2004, concerning traffic calming issues in the area of Deer Ridge Drive. Mayor C. Zehr advised that several residents of Deer Ridge Drive were registered as delegations to speak to this matter. Prior to their presentations, Mayor Zehr addressed concerns raised by area residents as to his reasons for declaring a pecuniary interest in this matter. He explained that under COUNCIL MINUTES SEPTEMBER 20, 2004 - 321 - CITY OF KITCHENER the Municipal Act he has a legal obligation to make such declaration where there is a direct or in- direct pecuniary interest. Mayor Zehr disclosed a pecuniary interest and abstained from all discussion and voting respecting the traffic issues in the Deer Ridge Subdivision as he has purchased a property in the Deer Ridge Drive area. Councillor M. Galloway assumed the Chair for the purpose of conducting this portion of the Council meeting. Mr. Mike Mooney, a resident of Deer Ridge Drive, advised that as a result of a meeting held with area residents and City staff, it was clear residents have a desire to see some form of traffic calming measures implemented in the area and that this issue has been ongoing for the past two years. He referred to a letter that was to be sent by City Council to the developer regarding the planting of trees and questioned if the letter had been sent. He acknowledged receipt of the two reports and in response to recommendations of no action by City staff, he proposed the following: in lieu of bicycles lanes, immediate closure of a portion of Old Pioneer Tower Road for trail development to provide safe pedestrian access through the area; reduction of the speed limit to 40 km/h; installation of all-way stops at some, if not all, functioning intersections; painting of warning signs, such as 'Slow Down', on the roadway in conjunction with the continuous centre line proposed by staff. He added that residents are also interested in longer term solutions relative to revisiting inclusion of Deer Ridge Drive in an Environmental Assessment process and review of traffic issues for the remainder of the Deer Ridge community development. In regard to the latter, he suggested that there is a need to review the development proposal process to ensure that traffic calming issues are addressed at the outset. In response to questions, Mr. Mooney advised that he had not yet notified residents that could potentially be impacted by installation of all-way stops as he did not want to interfere with efforts being made by City staff to address the issues of concern. It was also noted by staff, that a meeting had taken place with the developer and assurances had been given that tree planting will begin this Fall; however, no specific dates have been established. Mr. Jeff Gates, also a resident of Deer Ridge Drive, appealed to the issue of children's safety regarding the speed at which the roadway is traveled, citing near misses and a serious accident that recently occurred. He asked Council to give serious consideration to a reduction in the speed limit and installation of all-way stops, and added that traffic calming measures should be built in to future plans of subdivision at cost to the developer. Councillor J. Gazzola requested that staff provide Council with details of the accident when they become available. The Committee then entered into discussion during which staff advised that closure of Old Pioneer Tower Road is tied to the staging of the plan of subdivision; however, staff will investigate the potential to move it ahead. Staff agreed that warnings could be painted on the roadway of Deer Ridge Drive and wording to the effect 'Children At Play' added to the bottom of the pictorial 'Playground Ahead' sign. Mr. G. Stewart advised that staff are investigating means to amend planning practices to include traffic calming in future plans of subdivision. Mr. J. McBride added that road patterns in the remaining Deer Ridge subdivision have already been established within the registered plan of subdivision; however, he suggested that an approach could be made to the developer to request incorporation of traffic calming measures prior to further roadway construction. Mr. McBride also advised that discrepancies in accident statistics have been dealt with and no further inquiries have been made by area residents in this regard. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, the recommendation contained in report CL-04-005 (J. Gazzola) was brought forward for consideration. It was agreed to consider the first five paragraphs dealing specifically with Deer Ridge Drive separately, to allow Mayor C. Zehr an opportunity to participate in discussion and voting with respect to the last two paragraphs dealing with a general request to the Province to amend legislation with respect to Environmental Assessments for implementation of traffic calming measures. The following friendly amendments to the main motion were agreed to: that Clauses 3 to 5 of the recommendation contained in report DTS-04-144 (J. McBride) be added; include painting of warnings on the roadway with staff to develop appropriate wording. Councillor C. Weylie requested that staff also consider incorporating defined timelines for completion of conditions, such as tree planting, within future subdivision agreements to strengthen the municipality's ability to ensure conditions are carried out in a timely manner. COUNCIL MINUTES SEPTEMBER 20, 2004 - 322 - CITY OF KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the speed limit on Deer Ridge Drive be reduced from the existing 50 km/h to 40 km/h; and, That all-way stops be installed at the intersections of: Deer Ridge Drive and Wagon Street and Candle Crescent; and, Deer Ridge Drive and Fall Harvest Drive; and, That 'Slow, Children At Play' signs be installed along Deer Ridge Drive; and, That the Uniform Traffic By-law be amended accordingly; and, That staff be directed to continue to press the developer and their agents to expeditiously complete the planting of trees on the street boulevard; and, That a continuous centre line and cautionary, speed-related signs, appropriately worded by staff, be painted on the roadway of Deer Ridge Drive; and, That volume and speed data be collected on a semi-annual basis and forwarded to the Waterloo Regional Police for enforcement; and further, That the Speed Advisory Program be made available to the residents of Deer Ridge Drive." Carried. Mayor C. Zehr previously disclosed a pecuniary interest and abstained from all discussion and voting respecting the above motion as he has purchased a property in the Deer Ridge Drive area. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, the last two paragraphs of the recommendation contained in report CL-04-005 (J. Gazzola) were brought forward for consideration. Mayor C. Zehr requested, and it was agreed, that the phrase 'legislation relating to' in the first line of the first paragraph be changed to 'legislation to remove' to clarify that the intent is to remove the requirement for Environmental Assessments relative to implementation of traffic calming measures. He noted that the Minister of Municipal Affairs & Housing has expressed concern with regard to legislation that has a restrictive impact on municipalities and the planning process. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the Province be requested to amend its legislation to remove the requirement for Environmental Assessments for the implementation of traffic calming measures; and further, That the aforementioned request be circulated to the Association of Municipalities of Ontario and all other large Ontario municipalities having a population of greater than 100,000." Carried. Mayor C. Zehr then assumed the Chair. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, the report of the Development and Technical Services Committee (meeting of June 21, 2004) was considered. Councillor Weylie advised that staff have requested the report be further deferred pending consideration by the Development and Technical Services Committee of the JHS Subdivision. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That consideration of the Development and Technical Services Committee report (meeting of June 21,2004) be deferred and referred to the October 25, 2004 Council meeting." Carried. COUNCIL MINUTES SEPTEMBER 20, 2004 - 323 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee (meeting of September 13, 2004) be adopted." Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the regular Finance and Corporate Service Committee be adopted." Council was in receipt this date of Financial Services Department report FIN-04-043 (J. Evans), dated September 15, 2004, relative to Clause 3 of the Finance and Corporate Services Committee report, dealing with the proposed "Collections Policy - Utilities", in which additional information is provided as requested at the September 13, 2004 Finance and Corporate Services Committee meeting. The Finance and Corporate Services Committee report was then voted on and Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the special Finance and Corporate Service Committee be adopted." Councillor B. Vrbanovic advised that a public consultation meeting respecting the proposal for a new central library will be held on September 29, 2004 at the Kitchener Public Library (KPL) from 7:00 - 9:00 p.m. He noted that the Library Board has given consent for the new CEO of the KPL to participate in the process and requested that consideration be given to extending an invitation to the Chairs of the Kitchener and Waterloo Library Boards. Councillor J. Gazzola raised concerns with respect to the timeframe in which public consultation is to take place, regarding a new Kitchener Central Library and consideration of a joint central library in partnership with the City of Waterloo. He suggested that it would not be feasible to expect a final decision of these matters to be made at the October 25, 2004 Council meeting. Mayor C. Zehr and Councillor B. Vrbanovic advised that it was not intended a final decision be made on October 25 but rather results of initial consultation meetings be discussed and a determination made as to the willingness of the two municipalities to move forward with consideration of a joint library initiative. Mayor Zehr added that subject to the City of Waterloo's concurrence, the joint meeting of municipal counterparts will take place October 4, 2004. The report of the special Finance and Corporate Services Committee was then voted on and a recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, M. Galloway and C. Weylie. Contra: Councillor J. Gazzola. Absent: Councillor G. Lorentz Motion Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." COUNCIL MINUTES SEPTEMBER 20, 2004 - 324 - CITY OF KITCHENER At the request of Mr. G. Stewart, it was agreed to defer and refer Clause 3 of the report, dealing with an allocation in the 10-year Capital Forecast to complete the Civic Centre Heritage District Study, to the September 27, 2004 Development and Technical Services Committee meeting for further consideration. The Heritage Kitchener report was then voted on Clause by Clause. Clause 3 - Deferred and referred to the September 27, 2004 Development and Technical Services Committee meeting for further consideration. Balance of Report - Carried. Council agreed to a request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add a by-law for three readings this date relative to Clause 4 of the regular Finance and Corporate Services Committee report (meeting of September 13, 2004) dealing with discontinuance of the application of The Line Fences Act. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereof. (d) 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. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to provide for the non-application of the Line Fences Act 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. SEPTEMBER 20, 2004 COUNCIL MINUTES - 325 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) 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. 2004-179) (b) 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. 2004-180) (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereof. (By-law No. 2004-181) (d) 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. 2004-182) (e) To confirm all actions and proceedings of the Council. (f) (By-law No. 2004-183) Being a by-law to provide for the non-application of the Line Fences Act in the City of Kitchener. (By-law No. 2004-184) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:20 p.m. MAYOR CLERK SEPTEMBER 20, 2004 COUNCIL MINUTES - 326 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 21, 2004) - That Zone Change Application ZC 04/08/D/TMW, requesting a zone change on the subject lands, legally described as Part Block 11, 58M-270, for the City of Kitchener, from Hazard Land Zone P-3 with Special Regulation 260R to Residential Three Zone (R-3) with Special Regulation 417R, in the form shown in the "Proposed By-law", dated April 23, 2004 attached to Development and Technical Services Department report DTS-04-087 be deferred and referred to the October 25, 2004 Council meetin.q for approval. (As Amended) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of September 13, 2004) - That on-street parking be prohibited at anytime on the north side of Old Mill Road from a point 90 metres west of Doon Valley Drive to a point 125 metres west thereof; and, That on-street parking be prohibited at anytime on the south side of Old Mill Road from a point 90 metres west of Doon Valley Drive to a point 40 metres west thereof; and, That on-street parking be prohibited (8:00 a.m. to 3:00 p.m., Monday - Friday) on the north side of Old Mill Road from a point 215 metres west of Doon Valley Drive to a point 212 metres west thereof; and, That on-street parking be prohibited (8:00 a.m. to 3:00 p.m., Monday - Friday) on the south side of Old Mill Road from a point 130 metres west of Doon Valley Drive to a point 297 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited at anytime on the west side of Paulander Drive from a point 100m south of Lawrence Avenue to a point 22m south thereof; and, That parking be prohibited at anytime on the west side of Paulander Drive from a point 190m south of Lawrence Avenue to a point 22m south thereof; and further, That the Uniform Traffic By-law be amended accordingly. That the BRP Application 04-01, received from 1184951 Ontario Inc., in Trust, for C & H Properties Inc. dated July 29, 2004, be approved subject to a completed and filed Record of Site Condition for 537/547 Frederick Street and 120 Ann Street; and, That a grant be provided in the form of an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment; where the City Tax Increment is defined as the difference between the City portion of real property taxes for the 2004 Taxation Year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project or any phases thereof; and, That the grant continue for a maximum period of 10 years or until the total Eligible Remediation Cost of $34,631.13 has been reached, whichever comes first; and further, That the Mayor and Clerk be authorized to execute a Remediation and Redevelopment Agreement with 1184951 Ontario Inc. and C & H Properties Inc., satisfactory to the City Solicitor. That Development & Technical Services Department report DTS-04-141 be endorsed by Council and submitted to the Ministry of Public Infrastructure Renewal as the City of Kitchener response on the discussion paper: PLACES TO GROW, A GROWTH PLAN for the Greater Golden Horseshoe. SEPTEMBER 20, 2004 COUNCIL MINUTES - 327 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of September 13, 2004) - That demolition control application DC 04/06/P/AP requesting permission to demolish one single detached dwelling located at 196 Park Street, legally described as PLAN 317 PT LOT 1, be approved, subject to the following conditions: That prior to the issuance of a demolition permit, the owner submits a site plan application to the City's Planning Division, and obtains approval thereof from the City's Facilitator of Urban Design & Development, for the proposed parking lot. COMMUNITY SERVICES COMMITTEE - That approval be granted to enter into a lease agreement with 536357 Ontario Limited for the purpose of providing public parking at 45 Duke Street West (beside One Eyed Jack's); and further, That the Mayor and City Clerk be authorized to sign this agreement subject to the satisfaction of the City Solicitor. That the City enter into an agreement with the Centre In The Square (CITS) for the provision of a ticketing call centre for the Kitchener Memorial Auditorium Complex (The Aud); and further, That the Mayor and City Clerk be authorized to sign the agreement, subject to the satisfaction of the City Solicitor. That the Facility Rental Agreement, as attached to Corporate Services Department report CRPS-04-164, be approved for use as a pre-approved rental contract for all City facility room/hall rentals including City Hall (but not including ice and field rentals); and further, That any alteration to the pre-approved Facility Rental Agreement is subject to the approval of the City Solicitor. That the proposed design of the City's Oktoberfest Parade submission be approved and staff be directed to proceed with the construction of the float. That the recommendation of the Arts and Culture Advisory Committee and the Public Art Working Group to name Tony Urquhart, distinguished artist and professor, as the Tenth Anniversary City of Kitchener Artist-In-Residence for 2005 be endorsed; and, That the City pre-commit in the 2005 budget an amount of $12,500 for the Artist-in-Residence initiative; and further, That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Tony Urquhart regarding The License For Artist's Studio Kitchener City Hall and use of City Hall facilities for 2005, as set out in Community Services Department report CSD-04-146. That Messrs. Don McKee and Tony Martindale and Ms. Angela Beckner be recognized for their many years of service with the Kitchener Hockey School. 7. That the Canadian Code for Volunteer Involvement, as outlined in the attachment to Community Services Department report CSD-04-150, be adopted. FINANCE AND CORPORATE SERVICES COMMITTEE (Regular meeting of September 13, 2004) 1. That funding of $95,000 (2004 cost) to replace the Kiwanis Arena Compressor be included in the year 2014 of the 10 Year Capital Forecast. SEPTEMBER 20, 2004 COUNCIL MINUTES - 328 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Regular meeting of September 13, 2004) (Cont'd) That the City accept the conveyance of title to Part of Daan Valley Drive (Closed by By-law No. 92-34) designated as Part 5 and Part of Part 2 on Reference plan 58R-7422, subject to easements for access over Part 5 in favour of abutting lands owned by Pieter Vas (2001) and James and Linda Taleski, for the purposes of a community trail; and, That Council hereby declares that the parcel of land 4.5 metres wide abutting the length of the northerly boundary of the lands owned by Freure Developments Limited, with an area of 0.10ha, is surplus to the City's needs; and, That in exchange for the conveyance of title to that part of Doon Valley Drive (Closed by By- law No. 92-34) designated as part of Part 2 on Reference Plan 58R-7422, the City convey to Freure Developments Limited a parcel of land abutting the northerly boundary of the parcel owned by Freure Development Limited 4.5metres wide, with an area of 0.10ha; and further, That the Mayor and Clerk are authorized to execute such land transfer and related documentation, as approved by the City Solicitor, to give effect to the aforesaid conveyances. That the Policy titled 'Collections - Utilities' as attached to Financial Services Department report FIN-04-041 be approved, as amended, to include the following: (a) inclusion of a target uncollectable rate of 0.3% of revenues; and, (b) an expanded definition of 'Good Payment History' to allow the City to obtain detailed information on a prospective customer's payment history; and further, That staff report to Council on the City's ability to undertake credit checks for prospective utility customers, including all costs involved in doing so. That Council enact a by-law, pursuant to Section 98 of the Municipal Act, 2001, to discontinue the application of the Line Fences Act in the City of Kitchener. That the Terms of Reference for the Arts & Culture Advisory Committee, Safe & Healthy Community Advisory Committee, Environmental Committee, Aeronautical Noise Advisory Committee, Downtown Advisory Committee, Heritage Kitchener, and Property Standards Committee be amended by changing the length of appointment to the committees from one year to two years; and, That the Terms of Reference for the Arts & Culture Advisory Committee, Safe & Healthy Community Advisory Committee, Environmental Committee, Downtown Advisory Committee, Heritage Kitchener be amended by defining a quorum as five members of the Committee; and, That the Public Art Working Group be established as a permanent sub-committee of the Arts & Culture Advisory Committee, and a Terms of Reference for this sub-committee be submitted to the September 27, 2004 Finance & Corporate Services Committee meeting for consideration; and further, That the Terms of Reference for the Arts & Culture Advisory Committee be amended to reflect the establishment of the Public Art Working Group as a permanent sub-committee. FINANCE AND CORPORATE SERVICES COMMITTEE (Special meeting of September 13, 2004) That the Kitchener Public Library Central Library Project Business Case, the Economic and Community Impact Analysis of a new Kitchener Public Library Main Branch and the Site Selection Justification for KPL New Main Library reports be received; and, COUNCIL MINUTES SEPTEMBER 20, 2004 - 329 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Special meeting of September 13, 2004) (Cont'd) 1. (Cont'd) That the Kitchener Public Library consult with the public on their proposal for a new central library, and report the results of those consultations at the October 25, 2004 Council meeting; and, That the Centre Block Steering Committee develop a proposed structure to attract a private sector partner(s) to participate in the construction of a new central library and/or development on the remainder of the Centre Block site, to be presented at the October 25, 2004 Council meeting; and further, That co-incident with the above, the City of Kitchener Mayor and Chief Administrative Officer, and by request, the Chief Executive Officer of the Kitchener Public Library, meet with their counterparts at the City of Waterloo, to request their serious consideration of the creation of a joint, central library, with the intention that these meetings will lead to a joint meeting of the two Municipal Councils, and potentially the two library boards; with the results of the meetings between counterparts to be reported at the October 25, 2004 Council meeting. HERITAGE KITCHENER- (Carried on a Recorded Vote) That the draft heritage conservation easement agreement for 437 Pioneer Tower Road dated September 3, 2004 be endorsed in principle, and staff continue to work with the property owner (346874 Ontario Ltd.) to finalize this agreement, and further; That should unresolvable issues arise, they be presented to Heritage Kitchener at the October 5, 2004 meeting, for their consideration. That the Heritage Permit Application HPA 2004-1V-006 - 410 King Street West (Kaufman Footwear) be approved, to permit the cleaning and repainting of the facade of the phase of the Kaufman Factory built in 1920, in accordance with the specifications included with the application, subject to the following conditions: a) that the owner shall satisfy City staff that all necessary precautions have been undertaken to mitigate possible water and fine inert material damage caused by using the J©S system; and, b) that the owner shall satisfy City staff with respect to the appropriateness of using the Durex Brush Coat to seal the concrete; and, c) that the equipment operator for the J©S system has received formal training on how to use the J©S system by a J©S technical representative; and further, d) that a J©S technical representative shall be present at 410 King Street West at the time the J©S system is set-up and initially used to provide guidance and supervision. That the $31,000 allocated in 2007 of the 10 year Capital Forecast to complete the Civic Centre Heritage District Study be reallocated to 2005, and the $21,000 allocated in 2008 to complete the Civic Centre Heritage Conservation District Plan be reallocated to 2006 of the 10 year Capital Forecast; and further, That Legal Services be directed to prepare a by-law to define an area, generally bounded by Victoria, Lancaster, Ellen, Queen and Weber Streets, as an area to be examined for future designation as a Heritage Conservation District, as shown on Map 2 (New Proposed Civic Centre Heritage District Study Area Boundary) in Appendix 'A' attached to Development & Technical Services Department Report 04-139 dated September 1,2004. (Deferred and referred to the September 27, 2004 Development and Technical Services Committee meeting for further consideration) COUNCIL MINUTES SEPTEMBER 20, 2004 - 330 - 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. Encroachment Aqreement - 183 Ottawa Street South 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 Lot 239, Plan 262, municipally known as 183 Ottawa St. S., to legalize the existing encroachment of a concrete block and brick building which encroaches approximately 0.13 metres onto the Bedford Rd. road allowance for a length of approximately 8 metres, more or less." 2. Final Release - William's Coffee Pub It was resolved: "That the Mayor and Clerk be authorized to execute a Full and Final Release and any other required documentation subject to the satisfaction of the City Solicitor for their January 2004 water damage claim against Williams Coffee Pub." 3. Ministry of Transportation Speed Limit - Hiqhway 8 It was resolved: "That Council support the proposal by the Ministry of Transportation to increase the speed limit on Highway 8 to 90 km/h between a point 300 metres west of Fairway Road to a point 310 metres east of Dixon Street / Montgomery Road and to 70km/h between Dixon Street / Montgomery Road and a point 310 metres east thereof." 4. Various Tenders Dealt with under Delegations. 5. Sale of Tickets - Canadian Cancer Society Council considered Corporate Services Department report CRPS-04-161 (J. Koppeser), dated September 7, 2004, advising of no objection to the sale of raffle tickets by the Canadian Cancer Society. It was resolved: "That the City of Kitchener has no objection to the Canadian Cancer Society, Ontario Division, 1639 Yonge Street, Toronto, ON M4T 2W6, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held from December 22, 2004 to January 12, 2005 with draws to be held at MiraTel Solutions Inc., 2501 Steeles Avenue West, Suite 200, North York, ON M3J 2P1." SEPTEMBER 20, 2004 COUNCIL MINUTES - 331 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 6. Applications for Cancellation, Refund, Reduction or Levy of Taxes Council considered Financial Services Department report FIN-04-042 (P. Houston / J. Evans), dated September 14, 2004. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein."