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HomeMy WebLinkAboutCouncil Minutes - 2004-12-13COUNCIL MINUTES DECEMBER 13, 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 Brenda Brawn-Whiteman, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held November 29, 2004 and special meetings held November 29 and December 6, 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, Councillor G. Lorentz disclosed a pecuniary interest at the in-camera meeting of City Council held earlier this date in respect to a matter involving solicitor-client privilege. As well, Mayor C. Zehr declared a pecuniary interest at the special meeting of the Finance and Corporate Services Committee this date in respect to the Stonegate Drive Slop Stabilization Project as he owns a residence that will be affected by the project. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mayor C. Zehr presented Councillor B. Vrbanovic with a City pin in recognition of his 10 years of service to the City as a Ward Councillor and as a former employee of the Corporation. 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 two reports this date requesting that Council consider additional Expressions of Interest E04-067 (Architect Services - Chandler Mowat Community Centre) and E04-074 (Consultant Services Onward Avenue [King Street to Weber Street] Reconstruction). Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Expression of Interest E04-073, Consultant Services - Chestnut Street and Pequegnat Avenue Reconstruction, be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $143,359., including a contingency of $12,180. & G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E04-081, Consultant Services Feasibility Study for the Development of Short and Long Term Parking Solutions for Downtown Kitchener, be awarded to Marshall Macklin Monaghan Limited, Thornhill, Ontario at their estimated fee of $38,932., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That an agreement satisfactory to the City Solicitor be executed." - and - "That Expression of Interest E04-067, Architect Services - Chandler Mowat Community Centre, be awarded to Teeple Architects Inc., Toronto, Ontario at their estimated fee of $154,080., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E04-074, Consultant Services - Onward Avenue (King Street to Weber Street) Reconstruction, be awarded to Stantec Consulting Ltd., Kitchener at their COUNCIL MINUTES DECEMBER 13, 2004 - 432 - CITY OF KITCHENER estimated fee of $93,545.61, including a contingency of $7,947.80 & G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Purchasing be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Chris Jones, Sign-a-rama, attended in support of Item B.8 ii) of the Committee of the Whole agenda of this date, regarding a decision of the Committee of Adjustment to approve Sign Variance application SG 2004-011 (333 Carwood Avenue - K-W YMCA). Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the application of K-W YMCA (SG 2004-011 333 Carwood Avenue ) requesting permission for a roof sign for the existing YMCA within Major Institutional (I-3) Zone whereas the I-3 Zone does not permit roof signs, on Part Lot 24, Subdivision of Lot 49, German Company Tract, and Part Lots 7 - 9, Plan 791, being Part 1, Reference Plan 58R-3119, Part 1, Reference Plan 58R-3326, Parts 3 - 5, Reference Plan 58R-3912, and Part 2, Reference Plan 58R-5178, 333 Carwood Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That only one roof sign shall be permitted on this property, shown as "Option A" on the plans submitted with this application, which shall be constructed generally in accordance with those plans." Carried. It was noted that Leanne and Gerald Leeman had registered to speak to a decision of the Committee of Adjustment refusing minor variance application A 2004-096 (109 North Hill Place), involving permission for a residential addition, but did not attend. Mr. J. Willmer, Director of Planning, advised that City Council has no authority to consider matters concerning minor variance applications. He pointed out that the Leemans have been advised that their only recourse is to either file an amended application or file an appeal with the Ontario Municipal Board against the original decision. Councillor B. Vrbanovic advised that City staff will meet with the Leemans to discuss alternative options and dependent on the outcome, an approach may be made to Council in future. Council was in receipt of Strategic Services & Economic Development Department report SSD-04- 043 (B. Wagner), dated December 8, 2004 concerning a Citizen Engagement Process to be undertaken by Compass Kitchener. Mr. Don Bourgeois, Chair, advised that Compass Kitchener is recommending retainment of Environics Research Group to undertake social values research in support of Compass Kitchener's objective to create and lead a public engagement process; set performance measures; and establish a reporting tool. Mr. Bourgeois noted that Environics offers a unique methodology, blending traditional public affairs polling with social values based segmentation. He added that a similar process was successfully designed for the Town of Markham and results continue to be a part of their strategic planning and decision-making process. Mr. Barry Watson, Environics Research Group, advised that values research is a unique way of measuring community social values and can assist the municipality in making policy choices that meet the needs of citizens on a long term basis. He reviewed the proposed process, which includes: a needs assessment to identify goals and objectives; a self-administered mailed survey to a targeted sampling of approximately 1,000 residents; survey questions consisting of both Kitchener-specific and selected social value items; setting of quotas for differing quadrants to ensure good representation; language translations; monitoring and analysis; and reporting of results. Mr. D. Bourgeois stated that the process will take approximately 3-4 months, at a cost estimate between $125,000. - $135,000., and will be covered from within existing budgets. He concluded that Communications and Marketing staff will assist in developing a communications plan in support of this initiative and following receipt of the survey results, a broader communications strategy will be developed to define priorities, branding and marketing tools. COUNCIL MINUTES DECEMBER 13, 2004 - 433 - CITY OF KITCHENER Councillor B. Vrbanovic spoke in favour of the initiative, in that, it will provide a fundamental data model to assist Council in its decision making and will complement the City's objective in developing a Healthy Community Plan. Councillor J. Gazzola stated that he was not in favour of approving the request without proceeding to Call for Proposals under the normal consultant selection process. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Environics Research Group be retained to undertake social values research in support of Compass Kitchener's mandate; and, That expenditures from the Compass Kitchener operating budget for the budget years 2004, 2005 and 2006, in fiscal year 2005, be approved, to support the costs of the project, as outlined in Strategic Services & Economic Development Department report SSD-04-043; and further, That the requirements of Section 170.6.4 of the City's Purchasing By-law, to obtain Expressions of Interest and written proposals from a minimum of three and a maximum of six qualified consultants, be waived." Carried. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, Clause 1 of the Community Services Committee report of this date was brought forward for consideration, dealing with a request from the K-W Rowing Club for a 2005 capital grant of $31,000. toward renovations of the former Regional Emergency Measures Organization (EMO) facility on King Street East opposite the Freeport Hospital. Council was in receipt of a report (M. Hildebrand), dated December 10, 2004, relative to Clause 1 of the Community Services Committee report, in which additional information was provided regarding the financial details of the project, as well as the group's projected operating budget for 2005. Mr. Stephen Clarke, K-W Rowing Club, attended in support of the grant request and circulated an additional report dated December 10, 2004 outlining the project description, support list, current financial position and draft 2005 budget. He pointed out that the group has experienced substantial growth and the renovations are necessary to provide boat storage and meeting facilities. Mr. F. Pizzuto clarified that staff brought this request forward without recommendation as the City does not traditionally fund capital investment projects and more particularly, those that involve funding for facilities under ownership other than that of the City. He added that staff have concerns that approving this request may set precedent for other groups to come forward with similar requests. Mr. S. Clarke responded to questions, pointing out that while the group's budget projects a profit in 2005, this is based on funding applications pending with the Cities of Kitchener and Waterloo, the Region of Waterloo and other outside sources. In response to Councillor B. Vrbanovic, Mr. F. Pizzuto advised that to date the City has funded a small number of capital projects involving City-owned facilities, which adds value to the City's assets; however, in this case, there is no asset value to the City as the facility is owned by the Region of Waterloo. Councillor M. Galloway brought forward a motion of no action on the request of the K-W Rowing Club (Clause 1). At the request of Councillor B. Vrbanovic, the motion was amended to add the phrase 'at this time' to provide opportunity to revisit the request should ownership of the property change in future. Councillor G. Lorentz requested that staff correspond with the Region to determine if there is a desire to transfer ownership of the facility to the City for a nominal fee. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That Clause 1 of the Community Services Committee report of this date be amended to indicate no action at this time on the request of the K-W Rowing Club for a 2005 capital grant of $31,000. toward renovations of the former Regional Emergency Measures Organization (EMO) facility on King Street East." Carried. COUNCIL MINUTES DECEMBER 13, 2004 - 434 - CITY OF KITCHENER Mr. Dariusz Wysocki attended in support of Clause 2 of the Finance and Corporate Services Committee report of this date, dealing with a licence to operate a hot dog cart at 385 Fairway Road South. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 2 of the Finance and Corporate Services Committee report of this date be adopted." Carried. Council was in receipt this date of Development & Technical Services Department report DTS-04-196 (L. Bensason), dated December 13, 2004, relative to Clause 2 of the Heritage Kitchener report, dealing with a Notice of Intention to Designate, under the Ontario Heritage Act, Part 3 of Plan 58R- 10533, being part of the property known as 381 Pioneer Tower Road. The report requests an amendment to Clause 2 to also include Part 2 of Plan 58R-10533 in the Notice of Intention to Designate. Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting with respect to this matter as he owns property in the area of the JHS Properties Inc. subdivision. Councillor J. Smola assumed the Chair for the purpose of conducting this portion of the Council meeting. On motion by Councillor M. Galloway, seconded by Councillor C. Weylie, Clause 2 of the Heritage Kitchener report of this date was brought forward for consideration. Mr. Leon Bensason, Heritage Planner, advised that the legal description of the subject property is divided into three parts of which Part 1, containing the Schoerg Farmhouse, was designated in 2003. Staff are now requesting designation of the remaining two parts on the basis that they hold significant heritage and cultural value. He pointed out that the whole of the property was originally designated but on appeal, the designation was limited to Part 1 on the basis that the springhouse and bank barn, located on Parts 2 and 3, would be preserved through conditions in the Plan of Subdivision as contained in a Heritage Impact Assessment and on good faith of the owner. He noted that descendants of the Schoerg Family had presented concerns to the Development & Technical Services Committee in September 2003 respecting their fear that the structures on site would be demolished despite the agreements made. Mr. Bensason stated that these concerns resulted in the City entering into negotiations with the owner to acquire the lands through a land exchange and negotiations have been ongoing this past year. He pointed out, however, that in November 2004, the owner demolished the springhouse and in December began demolition of the bank barn; and in both instances, without giving prior notice to the City or acquiring proper permits. In response to questions, Mr. Bensason advised that if acquired, the bank barn would have to be evaluated to determine its operational feasibility. Mr. J. Willmer, Director of Planning, addressed the issue of land acquisition, advising that a verbal agreement was reached in December 2003 regarding a land exchange and staff proceeded to complete appraisals this year. He stated that when an approach was made in November of this year, the owner indicated a change in mind with respect to a land exchange and negotiations discontinued. Mr. Vern Sherk, descendant of the Schoerg Family, attended in support of the staff recommendation to designate the whole of the property. He expressed alarm that the owner had proceeded to demolish the springhouse and bank barn despite agreements in place and was of the opinion the owner had not acted in good faith. He asked that Council take action to require restoration of the springhouse and bank barn, and to acquire the ridge lands to ensure heritage preservation of the property. Mr. Zyg Janecki, Co-Chair, attended on behalf of Heritage Kitchener, advising that the Committee unanimously supported designation and also supports staffs' request to include Part 2. He asked that Council make every effort to protect the property to preserve its heritage and cultural value. Messrs. Pat George, JHS Properties Inc. and Tony Bocchino, attended in opposition to the proposed designation. Mr. George stated that in his opinion, City staff were not acting with integrity as he had not been given prior notification of the intent to designate nor had he received a copy of the staff COUNCIL MINUTES DECEMBER 13, 2004 - 435 - CITY OF KITCHENER report circulated this date. He stated that as a developer it was not his intent to destroy heritage property and noted that he had voluntarily agreed to designate the farmhouse and follow heritage guidelines. He noted that issues relative to the property have been ongoing for approximately nine years and questioned why the barn was not designated long ago it if was of historical value. He suggested that the springhouse was not in fact an historical structure but rather City staff had conspired with the tenant of the property to construct a building on the original springhouse foundation. He added that the structure was removed as it was unsafe. Similarly, he stated that action had to be taken with regard to the bank barn to resolve liability concerns as to its condition and to prevent trespassing. He advised that he had hired Kieswetter Demolition Inc. to take the structure apart by hand at considerably more expense than normal demolition practices so that the materials could be reused. Mr. George stated that he was approached by Mr. Jim Witmer, Chief Building Official, to obtain a demolition permit; however, having obtained legal opinion and confirmation from the Ministry of Municipal Affairs and Housing, he had determined that a permit was not required as the use of the lands is agricultural. He noted that Mr. Bocchino, Consultant, had applied for a permit unaware that one was not required and the permit application has since been rescinded. He added that the consultant had provided a letter at time of application disagreeing with the process based on the agricultural status of the land. Mr. George commented on the land exchange advising that staff have been misleading, in that, there was no agreement and negotiations broke off because the City wished to trade parkland. The proposed trade was not acceptable to JHS as Offers to Purchase were based on the understanding that residents would live next to the park. Mr. George asked that Council not condone the actions of staff and proposed that the Ward Councillor become actively involved to allow the process to proceed with integrity. Mr. Tony Bocchino expressed the opinion that the heritage value of the site rests with the lands and not with the buildings, pointing out that the original structures have been altered and reduced in size. He added that the request for expansion of the designation to include the floodplain lands is indication that the City places greater significance on the lands. Mr. George added that staff have no plan for the barn and stated that, even if acquired, he believed the City would demolish the structure given it intends to take similar action with respect to a barn on the adjacent subdivision. He further suggested that the only reason staff are requesting designation at this time is that they have been made aware of a potential buyer for the property. In response to questions, Mr. George advised of the following: the barn materials will become the property of Kieswetter and will be sold for reuse; there are no plans to proceed with development at this time and the only concern is with liability; there is a desire to continue negotiations regarding a land exchange; he personally was not aware of the heritage significance of the buildings and it was his opinion they were not historically significant as emphasis has always been on preservation of the ridge lands; a letter was provided to the Chief Building Official from the tenant advising of the agricultural use of the property; the barn is not being used by the tenant as it is surplus to his needs; the foundation of the springhouse is still in place and the structure could be reconstructed; attempts were made to contact City staff prior to demolition commencing without success; a 'Stop Work' order was issued by City staff on the basis that a permit was required; City staff were advised that a permit was not required based on the agricultural use of the property and would only be applied for under duress. In regard to the application for a demolition permit filed by Mr. Bocchino, Mr. George advised that Mr. Bocchino should not have submitted the application as he is not a direct employee of JHS Properties Inc. and has no authority to act on behalf of JHS. When asked why members of Council were not contacted prior to demolition proceeding, Mr. George advised that he had thought it more appropriate to work with City staff. He pointed out that JHS had initially sought a political solution by participating in a meeting with the Mayor and Mr. Paul Britton, agent for JHS, respecting a land exchange; however, too much time lapsed and nothing was accomplished. Councillor M. Galloway enquired if Mr. George would commit to working with Council and City staff for a period of 30 days during which no further work on the property would occur. Mr. George stated that he could not agree without first obtaining legal advice and suggested that it may require the City to provide ndemnification to JHS to address liability issues concerning the barn. Mr. J. Witmer, Chief Building Official, advised that use of the barn for agricultural purposes was in question and present circumstances indicate the barn is not in use. Accordingly, he requested that the owner submit an application for a demolition permit to commence the process of obtaining agency comments regarding use of the lands and buildings. Once comments were received, he stated that he would then be in a position to make a determination as to whether or not a demolition permit is required for the barn. He pointed out that he had heard nothing further from the owner with regard to COUNCIL MINUTES DECEMBER 13, 2004 - 436 - CITY OF KITCHENER the permit. Mr. Witmer advised that upon being made aware that the demolition had commenced, he requested staff to inspect the property and a Stop Work Order was issued. He added that any penalty that would apply to the owner would be decided by a Judge should staff decide to initiate Court proceedings. Mr. Witmer further pointed out that Mr. George was advised that under Section 25 of The Building Code, he could proceed to take the matter before a Judge for an opinion regarding the permit; however, Mr. George indicated he had no interest in doing so. Accordingly, Mr. Witmer advised that staff are still awaiting a decision from the owner with regard to the demolition permit application. On motion by Councillor M. Galloway, seconded by Councillor C. Weylie, the staff recommendation contained in report DTS-04-196 was brought forward for consideration as an amendment to Clause 2 of the Heritage Kitchener report. Several members of Council spoke in favour of the motion, commenting on the importance of preserving the heritage and cultural significance of the lands and buildings, and expressed disappointment with the actions of JHS Properties Inc. Councillor J. Gazzola expressed a desire for JHS to continue to work with the City to resolve issues concerning acquisition of the property and advised that as Ward Councillor, he would do whatever he could to assist in the process. The motion of Councillor M. Galloway to amend Clause 2 of the Heritage Kitchener report was then voted on and Carried on a recorded vote, with all members of Council voting in favour, except Mayor C. Zehr who previously declared a pecuniary interest and abstained from all voting. Mayor C. Zehr then assumed the Chair. Mayor Zehr stated for the record that the meeting referred to involving Mr. Pat George, himself, JHS Properties Inc. and Mr. Paul Britton, agent for JHS, regarding the proposed land exchange was conducted prior to his having any pecuniary interest involving a nearby land purchase. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Councillor J. Smola referred to Clause 2 of the report dealing with potential development of an Adaptive Reuse Incentive Program to provide financial assistance over and above that which is already in place. He asked that it be noted for the record that in the event a program is implemented, it is to be retroactive to December 13, 2004 to allow the developers of 120 Mansion Street an opportunity to participate in the program. The report of the Development & Technical Services Committee was then voted on and Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Mr. F. Pizzuto advised that with respect to Clause 4 of the Committee report, Reflexologists may be subject to the alternate massage by-law coming into effect on January 1, 2005 and if so, will require permits and be subject to inspections. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, Council agreed to amend Clause 4 of the Community Services Committee report by deleting the deferral recommendation and replacing it with the following: "That the Reflexology Provider Licence Agreement, attached to Community Services Department report CSD-04-192, dated December 6, 2004, be amended by adding to the end of clause 5.1 the phrase 'and must comply with all applicable laws, regulations and by-laws of the Federal and Provincial governments and the Municipality, including but not limited to obtaining and maintaining all necessary licences and permits.' ;and, That the amended Agreement be approved as a contract for use at the City's various Community Resource Centres to allow for reflexology providers to licence space and operate within the City's centre with revisions made thereto only with the approval of the City Solicitor; and further, COUNCIL MINUTES DECEMBER 13, 2004 - 437 - CITY OF KITCHENER That the General Manager of Community Services Department, or designate, be delegated authority to sign the Reflexology Provider Licence Agreement." The report of the Community Services Committee was then voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried, as Amended. Clause 4 - Carried, as Amended. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee (meeting of December 6, 2004) be adopted." On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 5 of the Finance and Corporate Services Committee report (meeting of December 6, 2004) to provide that all members of Council be appointed to the Audit Committee. Council then considered a recommendation arising from in-camera discussion this date relative to Clause 1 of the Finance and Corporate Services Committee report (meeting of December 6, 2004),. The recommendation deals with acquisition of land in the Huron Business Park from Maple Leaf Foods Inc. as it relates to proposed construction of a Consolidated Maintenance Facility (CMF). Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, advised that at the December 6, 2004 Finance and Corporate Services Committee meeting, the business case for the CMF was referred to the 2005 budget review process; however, as a result of negotiations with the vendor, it is necessary to bring forward the land acquisition for decision at this time. He commented that the risk of purchasing the lands ahead of making a decision on the CMF is minimal, in that the lands in question also have value for economic development purposes as outlined in Corporate Services Department report CRPS-04-234. Council considered each of the two paragraphs of Clause 1 of the report separately. The first paragraph dealing with referral of the CMF Business Case to the 2005 budget review process, was voted on and Carried. A motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, to amend the second paragraph of Clause 1 of the report to provide authority to the Mayor and Clerk to execute necessary documentation to acquire the lands located between 1620 and 1760 Strasburg Road from Maple Leaf Foods Inc., was voted on and Carried Unanimously, as Amended. The report of the Finance and Corporate Services Committee (meeting of December 6, 2004), as amended, was then voted on Clause by Clause. Clause 1 (paragraph 1) - Carried Clause 1 (paragraph 2) - Carried Unanimously, as Amended. Clause 2 - Dealt with under Delegations and Carried. Clause 5 - Carried, as Amended. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee (meeting of December 13, 2004) be adopted." COUNCIL MINUTES DECEMBER 13, 2004 - 438 - CITY OF KITCHENER Council received this date a revised User Fee Schedule outlining changes made at the special Finance and Corporate Services Committee meeting held earlier this date. On motion by Councillor B. Vrbanovic, seconded by Mayor C. Zehr, it was agreed to amend the report of the Finance and Corporate Services Committee (meeting of December 13, 2004) to approve the 2005 Comprehensive Fee Review subject to the rental rates for the Council Chamber being adjusted from $180. to $200. for the first 3 hours plus staffing and A/V equipment and from $52. to $55. for each additional hour, and the rates excluding staffing and A/V equipment being increased comparatively. The report of the Finance and Corporate Services Committee (meeting of December 13, 2004) was then voted on and Carried, as Amended. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause Clause 1 - Carried. Clause 2 - Carried, as Amended on a Recorded Vote In Favour: Councillors J. Smola, G. Lorentz, B. Vrbanovic, J. Gazzola, C. Weylie and M. Galloway Contra: None Recorded Pecuniary Interest and Abstentions Clause 2 - Mayor C. Zehr as he owns property within the area of the JHS Properties Inc. subdivision. Councillor B. Vrbanovic referred to a by-law for three readings this date regarding regulation of Adult Entertainment Parlours. He advised that he has concerns with respect to certain aspects and criteria of the by-law; however, it was his understanding that under regulations of the new Municipal Act, a by-law must be in place by January 1,2005. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That a by-law to repeal and replace Chapters 502, 503, 504 and 505 of the City of Kitchener Municipal Code respecting Adult Entertainment Parlours be given three readings this date." Carried. Councillor B. Vrbanovic then introduced a motion to direct staff to review potential Iocational criteria for Class E Adult Entertainment Parlours and to issue any licences incrementally for three months until a review is completed and any amendments to the Adult Entertainment By-law are implemented. Councillor Vrbanovic commented that the new by-law is based on historical fact; however, in reality, composition of community areas change over time and any criteria must ensure that locations are compatible with surrounding neighbourhoods. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That staff be directed to undertake a review of potential Iocational criteria for Class E Adult Entertainment Parlours and report back to Council; and further, That staff be directed to issue any licences with respect to Class E Adult Entertainment Parlours incrementally for three month periods until the review has been completed and any resulting amendments to the City's Adult Entertainment By-law have been implemented." Carried. COUNCIL MINUTES DECEMBER 13, 2004 - 439 - CITY OF KITCHENER Councillor M. Galloway expressed disappointment with a recent decision of the Waterloo Region District School Board not to increase the size of the new Huron Heights Secondary School in Doon, and the Board's intent to consider a boundary adjustment that would not allow students in the southwest part of Kitchener to attend the school. He pointed out, however, that a meeting of the School Board is being held this date to further discuss the matter and a positive outcome may still be realized. He requested that Council support a motion to send a message to the School Board voicing its concerns, with a request to the Board to respond positively to the request of residents to reconsider its decision. Councillor J. Gazzola agreed that notwithstanding the issue of jurisdiction, the City does have a right to, and should, make its concerns known to the School Board. Mayor C. Zehr added that the issue affects the broader community and in his opinion, it is appropriate to relay Council's concerns to the School Board. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "WHEREAS the Waterloo Region District School Board has made a decision to not increase the building size of the new Huron Heights Secondary School from 1200 to 1350 students; and, WHEREAS the Board is considering a boundary adjustment that would not allow all students in the south-west part of Kitchener to attend the new school available in their community at the school opening date and in the future; and, WHEREAS the City of Kitchener Council is dedicated to building strong and healthy communities; and, WHEREAS the south-west area of Kitchener is a rapidly growing area; and, WHEREAS many residents in the south-west area of Kitchener have voiced their concern and displeasure with the school decisions made to this point; and, WHEREAS the Council of the City of Kitchener recognizes and respects the Waterloo Region District School Board as an independent and duly elected public body; NOW THEREFORE BE IT RESOLVED that the City of Kitchener Council request the Waterloo Region District School Board to respond positively to the requests of the residents to reconsider its decision regarding the size of the new school and further to ensure the boundaries are established so that all students in the south-west area have the opportunity to attend Huron Heights Secondary School at school opening and in the future." Carried. Mr. F. Pizzuto, General Manager of Community Services, circulated this date a booklet designed as a marketing tool to promote the New Kitchener Market. He advised that 12,000 copies will be printed and distributed to area businesses and surrounding residential neighbourhoods. He added that two new vendors have been added to the Market Shops, with the opening of the Caf~ Gallery Bolero and Terry's Global-wide Fish and Seafood. Mr. J. Witmer, Chief Building Official, advised that he wished to bring to Council's attention concerns raised in subsequent discussions with the owner of 381 Pioneer Tower Road regarding the issue of demolition of the bank barn considered earlier this date. Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting with respect to this matter as he owns property in the area of the JHS Properties Inc. subdivision. Councillor J. Smola assumed the Chair to conduct this portion of the Council meeting. Mr. J. Witmer advised that the bank barn has been substantially dismantled and is unsafe in its present condition. He requested that because of the issue of liability, Council consider allowing the demolition to proceed to the foundation and proper clean-up of the foundation to take place to ensure safety of the site. He added that he would be willing to contact the Sherks immediately to apprise them of the decision to proceed with demolition and provide an appropriate explanation. Mr. Witmer COUNCIL MINUTES DECEMBER 13, 2004 - 440 - CITY OF KITCHENER responded to several questions, advising that Kieswetter Demolition Inc. purchased the rights to the barn materials and an approach would have to be made to Kieswetter if the City has interest in purchasing the materials. Councillor B. Vrbanovic strongly objected to proceeding to approve demolition as all interested parties were no longer in attendance and with Council's stated intent to preserve the structure. He expressed preference to require the owner to fence the site and that the owner be asked to demonstrate good faith by ensuring all pieces of the barn that have been removed are properly numbered and either stored for safekeeping or be turned over to the City. Mr. J. Witmer commented that the City intends to demolish a similar barn on an adjacent site and suggested that it would be inconsistent to require JHS Properties Inc. to do more as the City may well decide to take similar action with respect to the bank barn. Mr. J. Witmer added that fencing would not resolve the issue of safety. Councillor J. Gazzola agreed that the site should be rendered safe and proposed a motion to allow the demolition to proceed to the foundation on the following basis: the materials be properly salvaged and stored; a record be kept of the whereabouts of materials to enable the City to pursue discussion with the owner as to its acquisition; and the Sherks be notified immediately of the impending demolition and provided with an explanation. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That staff be directed to allow demolition of the bank barn at 381 Pioneer Tower Road to continue to the foundation and the foundation be secured in a manner to ensure the safety of the site; and, That staff ensure all materials being removed are properly salvaged and a record kept where the materials are to be stored to enable the City to pursue discussions with the owner as to their acquisition; and further, That Mr. Vern Sherk be advised immediately of the impending demolition and provided with an explanation of the circumstances which brought about this decision." Carried. Councillor B. Vrbanovic and M. Galloway asked that they be recorded as opposed to the motion. Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting respecting this matter as he owns property in the area of the JHS Properties Inc. subdivision. Mayor C. Zehr then assumed the Chair. Councillor B. Vrbanovic advised that due to the late hour, he would provide a written report on issues arising from meetings of the Federation of Canadian Municipalities (FCM) Board of Directors. Councillor Vrbanovic then introduced a motion to request the Government of Canada to fund a renewed Partners for Climate Protection (PCP) Program at $5M over five years. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "WHEREAS the Government of Canada ratified the Kyoto Protocol in December 2002, committing Canada to reducing greenhouse gas (GHG) emissions by six percent below 1990 levels by 2012; and, WHEREAS the Federation of Canadian Municipalities (FCM) and ICLEI - Local Governments for Sustainability have established the Partners for Climate Protection (PCP) to provide a forum for municipal governments to share their knowledge and experience with other municipal governments on how to reduce GHG emissions; and, WHEREAS 118 municipal governments across Canada representing more than 60 percent of the population have already committed to reducing corporate and community GHG emissions through PCP; and, COUNCIL MINUTES DECEMBER 13, 2004 - 441 - CITY OF KITCHENER WHEREAS PCP participants commit to working towards reducing GHG emissions in municipal operations by a suggested target of 20 percent below 1994 levels, and a suggested target of six percent reductions below 1994 levels throughout the community within ten years of joining the PCP initiative; and, WHEREAS PCP participants can apply to the Green Municipal Funds for support in completing inventories and implementing plans, resulting in increased capacity to respond to climate protection and deliver GHG reductions; and, WHEREAS PCP participants and partners have communicated their need for a renewed program with additional resources; and, WHEREAS the PCP+5 proposal calls for a renewed PCP Program requesting $5M over five years; BE IT RESOLVED that the City of Kitchener urges the Government of Canada to fund a renewed PCP program at $5M over five years; BE IT FURTHER RESOLVED that this resolution be sent to FCM for use in securing funding for a renewed PCP program." Carried. Council agreed to the request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add the following by-laws for three readings this date: a by-law to repeal and replace Chapters 502, 503, 504 and 505 of the Municipal Code regarding Adult Entertainment Parlours; a by- law to amend Chapter 530 (Dogs) of the Municipal Code relative to Clause 7 of the Finance and Corporate Services Committee report of this date; a by-law to exempt certain lands on Colton Circle from Part Lot Control; a by-law to establish part of Winding Meadow Court as public highway; a by- law to establish legal fees for agreements and other documentation; and two by-laws amending Chapters 380 and 375 of the Municipal Code regarding Planning and Committee of Adjustment Tariff of Fees. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code regarding Property Standards for Maintenance and Occupancy. (b) To confirm all actions and proceedings of the Council. (c) Being a by-law to repeal and replace Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (d) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 15 inclusive and Lots 40 to 44 inclusive on Registered Plan 58M-336 - Colton Circle. (e) Being a by-law to provide for the establishing and laying out of part of Winding Meadow Court as a public highway in the City of Kitchener. (f) Being a by-law to establish legal fees for the preparation and processing of agreements and other documentation. (g) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (h) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (i) Being a by-law to repeal and replace Chapters 502, 503, 504 and 505 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. COUNCIL MINUTES DECEMBER 13, 2004 - 442 - 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 J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "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 M. Galloway Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code regarding Property Standards for Maintenance and Occupancy. To confirm all actions and proceedings of the Council. (By-law No. 2004-263) (By-law No. 2004-264) Being a by-law to repeal and replace Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (By-law No. 2004-265) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 15 inclusive and Lots 40 to 44 inclusive on Registered Plan 58M-336 - Colton Circle. (By-law No. 2004-266) Being a by-law to provide for the establishing and laying out of part of Winding Meadow Court as a public highway in the City of Kitchener. (By-law No. 2004-267) Being a by-law to establish legal fees for the preparation and processing of agreements and other documentation. (By-law No. 2004-268) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (By-law No. 2004-269) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (By-law No. 2004-270) DECEMBER 13, 2004 (i) COUNCIL MINUTES - 443 - CITY OF KITCHENER Being a by-law to repeal and replace Chapters 502, 503, 504 and 505 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2004-271) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:45 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER 13, 2004 - 444 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That no action be taken on the following recommendation contained in Development and Technical Services Department report DTS-04-186, dated November 30, 2004: "Subject to Haastown Holdings Inc. fulfilling the eligibility requirements of the Heritage Tax Refund Program - which includes, but is not limited to, designation of the subject property under Part IV of the Ontario Heritage Act, and Haastown Holdings Inc. entering into a heritage conservation easement agreement with the City - that the City enter into an agreement with Haastown Holdings Inc. to provide a maximum of 10 yearly Heritage Tax Refunds to Haastown Holdings Inc rather than to future owners, for the adaptive reuse portion of the project only, and that the City allocate as part of its annual budget process, the appropriate funds to provide said Heritage Tax Refunds; and further, That payment of Development Charges for the 58-unit multiple dwelling development proposed by Haastown Holdings at 120 Mansion Street be deferred until 24 months after the first building permit is issued, subject to the owner entering into a deferral agreement to the satisfaction of the City Solicitor, and subject to the owner covenanting to the City, to pay interest per annum at a rate equal to the Canadian Imperial Bank of Commerce "Prime" rate plus 1%, when the Charge becomes due and payable to the City under said deferral agreement." That staff be directed to investigate the possibilities of developing an Adaptive Reuse Incentive Program, to provide financial incentives above and beyond those which are currently in place. That staff review the impact of Zoning By-law Amendment 2002-161 regarding the changes made to the Lower Doon area with respect to housing, by; and, That staff identify what additional actions are available and may be required to address the concerns raised by area residents regarding the issues associated with off-campus student housing in the area; and further, That staff prepare a report outlining their findings and recommendations for consideration at a future Development and Technical Services Committee meeting. That the repairs to the post tensioning tendons in the Duke and Ontario Garage as outlined in the "2004 Additional Assessment of Post-Tensioning System Duke and Ontario Street Parking Garage" which was prepared by Read Jones Christoffersen; be supported in principle; and, That an external post tensioning system be considered the preferred repair option; and, That the repairs be staged over an eight year period starting in 2005; and further, That funds in the amount of $5,744,000 be referred to the 2005 Ten Year Capital Budget Review. That the Mayor and the Community Emergency Management Coordinator (CEMC) be authorized to sign a statement of program achievement to Emergency Management Ontario as set out in the Emergency Management Report #04-011, dated February 16, 2004. That the present Capital Budget for the installation of emergency backup generators at community centres be reallocated to upgrade the emergency generator capacity at Fire Headquarters to the level required to efficiently operate all of the necessary equipment and services under emergency conditions. That the City of Kitchener re-affirms its support for the proposed 'Recommended Route (2002)' alignment of a new Highway 7 between Kitchener and Guelph subject to the Ministry of Transportation Ontario continuing due diligence in ensuring that environmental issues, such as alternative modes of transportation, air quality and protection of natural areas, are addressed as the project moves forward. COUNCIL MINUTES DECEMBER 13, 2004 - 445 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - That no action be taken at this time on the request of the Kitchener-Waterloo Rowing Club for a capital grant of $31,000. in 2005 toward renovations of the former Regional Emergency Measures Organization (EMO) facility on King Street East, as outlined in Community Services Department report CSD-04-196. (Dealt with under Delegations and Carried, as Amended) That subject to final approval as part of the 2005 operating budget process, the 2005 annual operating grants, as outlined in Community Services Department report CSD-04-185, be revised to $1,235,439. from $1,151,150., which incorporates the following recommendations relative to grant appeals lodged by organizations, exclusive of the request of the Kitchener-Waterloo Performing Arts Association / Theatre and Company outlined in Item f): a) That the 2005 annual operating grant for the Homer Watson House and Gallery be increased to $132,000. from $106,212., subject to information being provided for consideration at the 2005 operating budget deliberations as to how the additional grant funds will be used and how future equity in employee salaries will be achieved. b) That the 2005 annual operating grant for the Business & Education Partnership of Waterloo Region be increased to $5,685. ($5,000. cash and $685. in-kind) from $685., on the basis that the City is a major corporate employer in the Region that will benefit by the development of potential new employees. c) That the 2005 annual operating grant for The MT (Multicultural Theatre) Space be increased to $6,000. from $1,000. d) That a 2005 annual operating grant of $10,200. ($5,100. cash and $5,100. in-kind) and a one-time contribution in 2005 of $14,800. ($7,400. cash and $7,400. in-kind) to support event growth, be approved for the Kitchener Blues Community Inc. for the Blues, Brews and BBQ's Festival, subject to the Festival's 2003 audited and 2004 pro-forma financial statements being provided for consideration at the 2005 operating budget deliberations. e) That the 2005 annual operating grant for the Kitchener-Waterloo Symphony Orchestra be increased to $161,337. from $146,670., subject to City staff meeting with the Symphony prior to the 2005 operating budget deliberations to discuss development of a strategic plan to set out mutual goals and objectives for benefit of the community. f) That the request of the Kitchener-Waterloo Performing Arts Association / Theatre and Company to increase their 2005 annual operating grant to $54,200. ($50,000. cash and $4,200. in-kind) from $6,500. ($2,500. cash and $4,000. in-kind) as recommended in Community Services Department report CSD-04-185, be deferred and referred to the 2005 operating budget deliberations, pending further discussion with regard to use of the additional grant funding and approaches to be made to other potential funding partners. g) That a 2005 annual operating grant of $7,500. be approved for the Leadership Waterloo Region. h) That a 2005 annual operating grant of $81,185. be approved for the Social Planning Council of Kitchener-Waterloo; and further, That staff be directed to undertake discussions with staff of the City of Waterloo regarding the disproportionate variance in grant funding between the two Cities for the Social Planning Council. i) That the 2005 annual operating grant for the Volunteer Action Centre of Kitchener-Waterloo & Area be increased to $15,500. ($12,000. cash and $3,500. in-kind) from $13,318. COUNCIL MINUTES DECEMBER 13, 2004 - 446 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) J) That the 2005 annual operating grant for the Kitchener Horticultural Society be increased to $168,143. from $158,791., subject to determining the merit in eliminating the $3,000. line item for capital equipment expenditures from the Society's operating budget in favour of utilizing the City's equipment reserve fund on a charge-back basis. That the list of Neighbourhood Associations, as attached to Community Services Department report CSD-04-189, be approved for affiliation with the City of Kitchener. That the Reflexology Provider Licence Agreement, attached to Community Services Department report CSD-04-192, dated December 6, 2004, be amended by adding to the end of clause 5.1 the phrase 'and must comply with all applicable laws, regulations and by-laws of the Federal and Provincial governments and the Municipality, including but not limited to obtaining and maintaining all necessary licences and permits.'; and, That the amended Agreement be approved as a contract for use at the City's various Community Resource Centres to allow for reflexology providers to licence space and operate within the City's centre with revisions made thereto only with the approval of the City Solicitor; and further, That the General Manager of Community Services Department, or designate, be delegated authority to sign the Reflexology Provider Licence Agreement. (As Amended) That the 2004 Foot Care Service Provider Licence Agreements for Breithaupt, Rockway, and Victoria School Centres, as attached to Community Services Department report CSD-04-193, be renewed with current providers for the 2005 year, to the satisfaction of the City Solicitor. That the 2004 Co-operative Agreement between the City of Kitchener and MARMO Travel Club Inc., as attached to Community Services Department report CSD-04-194, be renewed for the 2005 year, to the satisfaction of the City Solicitor. That Community Services Department report CSD-04-195 (Leisure Access Card Service) be deferred and referred for consideration at the 2005 operating budget deliberations. That Enterprise Division staff be authorized to adjust fees and charges to rent excess, time sensitive facility inventory that otherwise would go unused, as outlined in Community Services Department report CSD-04-186. That the City of Kitchener supports the bid to host the 2008 Canadian Adult Recreational Hockey Association (CARHA) World Championship; and further, That should the City of Kitchener be awarded the event, a cash grant of $25,000. be approved to CARHA to be funded on an equal basis between the general provision grant account and the Kitchener Memorial Auditorium Complex event grant account. 10. That discussion of the Draft Leisure Facilities Master Plan at the Community Services Committee be moved from January 10 to January 25, 2005, or alternatively to January 27, 2005, and that this meeting be held in the evening commencing at 7:00 p.m. to allow maximum stakeholder and public attendance. COUNCIL MINUTES DECEMBER 13, 2004 - 447 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of December 6, 2004) - That a decision on the construction of a Consolidated Maintenance Facility (CMF) on the Strasburg - Huron site in the southwest portion of the City for occupancy in the summer of 2007, as outlined in the Business Case appended to Corporate Services Department report CRPS-04-229, be referred to the 2005 budget review process; and further, That the Mayor and Clerk be authorized to execute documentation, satisfactory to the City Solicitor, necessary to acquire the lands located between 1620 and 1760 Strasburg Road, described as Part Lot 17, Registrar's Compiled Plan 1471, in the City of Kitchener, Regional Municipality of Waterloo, being more particularly described as Parts 1 and 2 on Reference Plan 58R-6642, from Maple Leaf Foods Inc. (Paragraph I - Carried; Paragraph 2 - Carried Unanimously, as Amended) That the request of Dariusz Wysocki for a licence to operate a hot dog cart at 385 Fairway Road South, contrary to Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, be approved, subject to the licence being reviewed after one year. (Dealt with under Delegations and Carried) That the Mayor and Clerk be authorized to sign a renewed agreement, satisfactory to the City Solicitor, with AES Intellinet (AES Corporation) regarding the purchasing of its wireless communication network equipment; and further, That the Kitchener Fire Department participate in the referral services program with AES Intellinet. That 2005 monthly water heater rental rates, as contained in Appendix 1 of Financial Services Department report FIN-04-054, be approved; and further, That Kitchener Utilities provides its customers with information on anti-scald legislation, and make available mixing valves for an additional rental fee, to be charged on the customers' monthly bill. That effective December 13, 2004, an Audit Committee be established as a sub-committee of the Finance and Corporate Services Committee; and, That the proposed Council Policy titled 'Audit Committee - Terms of reference' attached to Financial Services Department report FIN-04-050, be approved; and further, That all members of Council be appointed as voting members of the Audit Committee for a term to expire November 30, 2006. (As Amended) That the Customer Services Strategy Framework as presented to the Finance and Corporate Services Committee or December 6, 2004 be adopted as the basis on which a more detailed Customer Service Strategy will be developed. That, at its December 13, 2004, meeting, Council adopt a By-law to amend Chapter 530 (Dogs) of the City of Kitchener Municipal Code, in the form as attached to Corporate Services Department report CRPS-04-227; and, That Council acknowledge that the by-law incorporates an increase in the time the animal services provider for the City must hold a dog before selling it, from three to five business days, recognizing that this may have cost implications in our contract negotiation with the Kitchener Waterloo and North Waterloo Humane Society; and further COUNCIL MINUTES DECEMBER 13, 2004 - 448 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of December 6, 2004) (CONT'D) 7. (Cont'd) That Council acknowledge that the by-law incorporates the removal of the present February 15 to March 15 tier of the graduated fees for dog licence renewals so that the present fee for January 1 to February 15 will apply from January 1 to March 1 and the present fee for March 15 to June 30 will now apply from March 1 until June 30 of each year and Council hereby directs that the distribution by percentage of licensing fee revenues under the animal services contract being negotiated with the Kitchener-Waterloo and North Waterloo Humane Society remain unchanged by the removal of the February 15 to March 15 tier of the renewal dog licensing fees. That in 2005, up to $12,000 from the City's Fringe Benefits account be allocated for a Corporate Wellness Program. FINANCE AND CORPORATE SERVICES (Meeting of December 13, 2004) - That the proposed 2005 Fees and Charges, as contained in the 2005 Comprehensive Fee Review attached to Financial Services Department report FIN-04-052, be approved as amended by the Finance & Corporate Services Committee on December 13, 2004 and as amended by Council the same date to adjust the rental rates for the Council Chamber from $180. to $200. for the first 3 hours plus staffing and A/V equipment and from $52. to $55. for each additional hour, and the rates excluding staffing and A/V equipment ($139. for the first 3 hours and $33. for each additional hour) be increased comparatively; and, That staff forward the Cemetery Tariff of Fees and Charges to the Ministry of Consumer and Commercial Relations for filing, in order that the proposed fees become effective January 1, 2005; and further, That Legal Services prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees pertaining to licensing, building, planning applications and Committee of Adjustment applications. (As Amended) HERITAGE KITCHENER- That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2004-1V-011 (410 King Street West) be approved to permit an alteration to the window openings of the 1908 building phase, and to the window openings, concrete lintels and sills, and brick and concrete infill panels (spandrels) of the 1920 building phase of the former Kaufman Footwear factory, to permit the installation of four vinyl banner signs on the King Street fa~;ade of the 1908 and 1920 building phases of the former Kaufman Footwear factory, subject to the following conditions: (a) (b) (c) (d) That the method of attaching the banner signs shall not be invasive to the historic masonry. That the banner signs and affixing brackets shall be removed by June 30, 2006, and shall be capable of being removed without causing permanent damage to the historic building fabric. That the banner signs shall be as shown on the plans and specifications submitted with the application attached as Appendix 'A' to Development and Technical Services Department report DTS-04-181, dated November 19, 2004. That the alterations to the window openings, concrete lintels and sills, and brick and concrete spandrels are subject to the reuse of salvageable brick from the existing building where possible, and the window sills shall be in keeping with the original building style. COUNCIL MINUTES DECEMBER 13, 2004 - 449 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate part of the property known municipally as 381 Pioneer Tower Road, more specifically described as Parts 2 and 3 of Reference Plan 58R-10533, on which the Schoerg bank barn is located, as being of cultural heritage value or interest; and further, That the designation include the following specific features: The Bank barn All elevations; fieldstone foundation; vertical board siding; roof and roofline; concrete silo; old hay rack lift and original ladders. The Cultural Heritage Landscape The placement and relationship of the bank barn with the neighbouring Schoerg farmhouse on top of the ridge of land, and the lands featuring largely unobstructed views to the Grand River Valley which continue to feature characteristics which originally influenced its settlement by the Mennonite pioneers including rich fertile soils, a mixture of dense forest, open meadows and proximity to water. (Carried as Amended, on a Recorded Vote) DECEMBER 13, 2004 COUNCIL MINUTES - 450 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS- 1. Licences i) Permanent Vendor "That a 2004 Permanent Vendor Licence be granted to Mark Schwartz, to operate a business known as Mark's Carpentry at 60 Fife Avenue, Kitchener." 2. Do.q Designation Appeal Decisions - Various It was resolved: "That the Prohibited Dog decision of the Dog Designation Appeal Committee regarding an appeal filed by Amanda Chaffey, wherein the Committee affirms the Prohibited Dog designation, be rescinded." - and - "That the November 22, 2004 decision of the Dog Designation Appeal Committee regarding an extension of time requested by Mynor Ayala be granted." 3. Consolidated Maintenance Facility- Potential Land Purchase Dealt with under Reports of Committees (Item 1 of the Finance and Corporate Services Committee report - meeting of December 6, 2004). 4. Various Tenders Dealt with under Delegations. 5. Applications for Cancellation, Refund, Reduction or Levy of Taxes Council considered Financial Services Department report FIN-04-056 (P. Houston / J. Evans), dated December 6, 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." 6. Application to Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Council considered Financial Services Department report FIN-04-057 (P. Houston), dated December 7, 2004. It was resolved: "That the following project application be submitted on behalf of the City of Kitchener for funding as part of Intake One of the Canada-Ontario Municipal Rural Infrastructure Fund: Bridge Rehabilitation $3,000,000. COUNCIL MINUTES DECEMBER 13, 2004 - 451 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) Application to Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) - (Cont'd) The Bridge Rehabilitation Program consists of: Wilson Avenue Bridge Hayward Avenue Bridge Overland Drive Bridge General bridge rehabilitation on other structures; and further, That the above projects represent the City's highest priority for consideration under this program." 7. Business Licensinq Hearinq Council considered Corporate Services Department report CRPS-04-233 (R. Gosse), dated December 8, 2004. It was resolved: "That a hearing be held under the authority of the Municipal Act, 2001, to determine whether to suspend, revoke or impose conditions with respect to business licence No. 20 04 000529 00 L6 and any subsequent renewal licence (2005) if applied for prior to the hearing, issued to T. C. Wellness Centre, 825 Weber Street E.; and, That Councillors J. Gazzola, C. Weylie, J. Smola and G. Lorentz (alternate) be appointed as members of the tribunal; and, That the hearing be scheduled, and notice be given, for Wednesday, March 2, 2005 at 2:00 p.m. at Kitchener City Hall, following which a report will be submitted to Council for its consideration; and further, That should an application for a 2005 licence renewal be received on behalf of T. C. Wellness Centre, staff be directed to issue the licence for a period ending March 31, 2005." 8. Committee of Adjustment Decisions - Various Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held December 7, 2004. Item 8 ii) regarding Sign Variance Application SG 2004-011 (K-W YMCA - 333 Carwood Avenue) was dealt with under Delegations. Councillor B. Vrbanovic advised that Mr. Nathan Smye, applicant to Fence Variance application FN 2004-003 (2 Camrose Court), is not in agreement with the Committee of Adjustment's decision and requested deferral of this matter to allow Mr. Smye an opportunity to address Council. Councillor C. Weylie spoke in opposition to the request for deferral as she understood the Committee of Adjustment refused the application, thereby upholding recent amendments made to the City's Fence By-law regarding construction of fences on corner lots. Mr. J. Willmer, Director of Planning, pointed out, however, that the Committee did approve the variance conditional on removal of only a small portion of the fence to provide a corner visibility triangle. It was resolved: "That the following decision of the Committee of Adjustment be deferred and referred to the January 17, 2005 Council meeting to allow the applicant an opportunity to address Council: COUNCIL MINUTES DECEMBER 13, 2004 - 452 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Committee of Adjustment Decisions - Various - (Cont'd) 'That the application of Nathan P. Smye (FN 2004-003 - 2 Camrose Court) requesting legalization of an existing 1.8 m (5.9 ft.) high fence located 0 m from the lot line abutting Highland Crescent (side yard abutting a street) rather than the required 1.5 m (4.92 ft.), on Lot 1, Registered Plan 1623, 2 Camrose Court, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall remove sections of the existing fence to provide a 4.57 m (14.99 ft.) corner visibility triangle at the easterly corner of the subject property, where the property abuts Lot 1, Registered Plan 1308, at Highland Crescent.'" It was resolved: "That the application of 410 King Properties Limited (SG 2004-012 - 410 King Street West) requesting permission to erect 6 temporary vinyl banner signs above the entrance to the existing building at the corner of King Street West and Water Street, and along the King Street frontage of the subject property, on Lot 118, Part Lots 56 - 58, 110-117, 119 & Part of Lane, Plan 374 being Part 11, Reference Plan 58R-14293, 410 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variance as approved in this application shall apply to the signs generally as shown on the plans submitted with this application. That the method of attaching the banner signs not be invasive to the historic masonry, and that the banner signs be capable of being removed in the future without causing permanent damage to the historic building fabric, to the satisfaction of the Manager of Design and Development. 3. That the signs shall be removed no later than June 30, 2006." 9. Sub-Lease - Your Kitchener Store (191-197 Kinq Street West) Council considered this date Strategic Services Department report SSD-04-045 (R. Pitfield), dated December 9, 2004, It was resolved: "That the Mayor and Clerk be authorized to sign a sub-lease agreement, satisfactory to the City Solicitor, setting out the terms of the agreement as generally outlined in Strategic Services Department report SSD-04-045, with the option to renew annually." 10. Sale of Tickets - Parents of Technoloqicall¥ Dependent Children of Ontario Council considered Corporate Services Department report CRPS-04-228 (R. Gosse), dated December 2, 2004, advising of no objection to the sale of tickets. It was resolved: "That the City of Kitchener has no objection to Parents of Technologically Dependent Children of Ontario, 87 Chestnut Hill, London, Ontario, N6K 4J7, being granted permission to sell tickets in the City of Kitchener for a draw to be held on January 28, 2005 at the Kids Country Club, 87 Chestnut Hill, London, Ontario." COUNCIL MINUTES DECEMBER 13, 2004 - 453 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 11. Sale of Tickets - Canadian Red Cross Society Council considered Corporate Services Department report CRPS-04-231 (R. Gosse), dated December 6, 2004, advising of no objection to the sale of tickets. It was resolved: "That the City of Kitchener has no objection to the Canadian Red Cross Society, 5700 Cancross Court, Mississauga, ON, L5R 3E9, being granted permission to sell tickets in the City of Kitchener for two draws to be held on June 13, 2005 and June 24, 2005 with the draws taking place at the Offices of Bearing Point, 200 Consumers Rd., Ste. # 500, Willowdale, ON." 12. Fa~:ade Design Approval Multicultural Center Inc.) 102-104 King Street West (Kitchener-Waterloo Council considered this date Corporate Services Department report CRPS-04-235 (L. MacDonald), dated December 13, 2004, concerning a condition in the Offer to Purchase 102-104 King Street West relative to the design of the King Street fa~;ade. It was resolved: "That the design dated December 6, 2004 submitted by the Kitchener-Waterloo Multicultural Centre Inc. for the King Street fa~;ade at 102-104 King Street West, Kitchener be accepted, subject to any comments by Development and Technical Services." 13. Resolution - Appointment of Additional Presiding Justices of the Peace - West Region Provincial Offences Court The following resolution arose from in-camera discussion this date. It was resolved: "WHEREAS the City of Kitchener has been advised that the West Region Provincial Offences Court is facing a drastic decrease in the amount of trial time available for 2005 as a consequence of a severe shortage of provincially appointed Justices of the Peace; and, WHEREAS this shortage of Justices of the Peace will adversely impact the City's ability to deal with by-law enforcement matters in a timely manner as well as defendants' ability to have timely access to the judicial system; and, WHEREAS the Regional Municipality of Waterloo is requesting the Premier and Attorney General of Ontario to appoint additional presiding Justices of the Peace immediately in order to preserve the administration of Justice and is also exploring the options for legal remedies against the province; NOW THEREFORE the City of Kitchener hereby expresses its support for the Regional Municipality of Waterloo and joins in its request to the Premier and Attorney General of Ontario to immediately appoint additional presiding Justices of the Peace for the West Region Provincial Offences Court."