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HomeMy WebLinkAboutCouncil - 2005-04-11 COUNCIL MINUTES APRIL 11,2005 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "0 Canada" by the Inter-Mennonite Childrens' Choir. On motion by Councillor J. Smola, the minutes of the regular meeting held March 21, 2005 and special meetings held March 21 and April 4, 2005, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Council considered the Tenders and Expressions of Interest listed on the Committee of the Whole agenda of this date. Councillor M. Galloway questioned the use of an Expression of Interest rather than a Request for Proposal or Tender with respect to the Traffic Calming Environmental Assessment. Mr. R. Shamess, Director of Engineering Services, advised that the environmental assessment for traffic calming on the three approved streets would not be standard as each of the streets may have individual traffic calming measures. Councillor G. Lorentz raised a concern with the length of time it has taken to initiative this project and requested that staff provide members of Council with a history of the project and the rationale for the timelines along with confirmation of the three streets in question. Councillor J. Gazzola noted that with respect to Tender T05-015 - Fleet Vehicles, the tendered bids were substantially lower than the budget estimates and he requested clarification on the matter. Ms. P. Houston, General Manager of Financial Services & City Treasurer, advised that there are modifications to be made to the vehicles at a further expense. Councillor Gazzola requested that in future this information be provided in the staff report. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That Expression of Interest E05-016, Traffic Calming Environmental Assessment, be awarded to Paradigm Transportation Solutions Ltd., Cambridge, at their estimated fee of $51,616.80 including G.ST, 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." - and - "That Tender T05-013, Trenchless Rehabilitation of Gravity Sewers, be awarded to Insituform Technologies Limited, Edmonton, Alberta at their tendered price of $506,955.30, including contingencies of $15,000. & G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T05-015, Fleet Vehicles Pick-Up Trucks and Mini Cargo Van, be awarded as follows: · Item #1: Four (4) 567 kg (1,250 lb. G.VW.) Compact Extended Cab Pick-Up Trucks, complete to Specification Number CKF-306B-2005, to Weiland Ford Sales Ltd., Kitchener, at their tendered price of $76,592.00 plus G.ST and P.ST; and, That one (1) additional unit with optional 4 wheel drive at a cost of $23,148.00 plus G.ST and P.s.T., be purchased; and further, · Item #2: One (1) 2,540 kg (5,600 lb.) G.V.W. Mini Cargo Van complete to Specification Number CKF-83-2005, to Steve Scherer Pontiac Ltd, Kitchener at their tendered price of $22,081.00 plus G.ST and p.s.T. " Carried. COUNCIL MINUTES APRIL 11,2005 - 79 - CITY OF KITCHENER The following individuals received Awards of Merit and Certificates of Service in recognition of their serving on special Committees and Boards under the jurisdiction of City Council. A number of the recipients were in attendance this date and personally received their Awards / Certificates, which were presented by Mayor C. Zehr and individual members of Council. A Certificate of Service is given for up to five years of service and an Award of Merit for service in excess of five years. Awards of Merit Fred Bishop Anita Petsche-Good Sher DiCiccio Denise Strong Ted Bleaney Ernest Lucy Certificates of Service Reginald G. Sim Rino Dal Bello John Vickery Tom Nunn Patrick O'Toole Rahim Atabakhsh Robert Eby Sally Gunz Howie Budd Sandro Bassanese Peter Harris Nathan Hallman Robert Dyck Mr. Ron Charie, President & CEO, Kitchener-Wilmot Hydro Inc. (KWHI) / Kitchener Power Corporation, attended to present the 2004 Annual Report. A summary document highlighting aspects of the Annual Report was circulated this date. Mr. Charie presented the highlights of the financial report noting a slight reduction in net income from 2003 but an increase of approximately $3.3M in the total shareholders equity. Mr. Charie commented on the slight reduction in kilowatt hour sales although there has been an increase in the number of customers. He attributed this to the cooler summer experienced in 2003. He further advised that controllable expenses have been reduced resulting in an expense to customer ratio of $129.74 which is approximately $70. lower than the Provincial average. Mr. Charie concluded his presentation advising that KWHI is in a good financial position, continuing to re-investment in its infrastructure and providing excellent service to its customers at the lowest residential rate of the four local utilities. Mr. Charie also presented the 2005 Reforestation Grant of $30,000., representing KWHI's commitment to replenish trees removed as a result of maintenance of its hydro lines. He also presented a dividend cheque in the amount of $750,000. In answer to questions raised by Council, Mr. Charie noted that the utility has worked 500,000 staff hours without an accident. Ms. JoAnn Hutchison, Volunteer Resources Facilitator, gave a presentation on the 2005 Earth Week activities which will take place April 11-24, 2005. Ms. Hutchison noted that April 22nd will be Earth Day and that the focus for the day will be litter pickup in Victoria Park. Ms. Cheryl Lousley attended in support of Clause 4 of the Development & Technical Services Committee report of this date and gave a presentation on the Pedestrian Charter being recommended by the Committee. Ms. Lousley reviewed various aspects of a Pedestrian Charter noting that only one other City in Canada, the City of Toronto, has adopted a Pedestrian Charter. Ms. Lousley concluded her presentation explaining that the Charter will serve as a tool in creating an environment suitable for walking throughout the City. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 4 of the Development & Technical Services Committee report of this date be adopted." Carried Unanimously. Messrs. Tony Bocchino and Pat George, representing JHS Properties Inc., attended regarding Clause 8 of the Development & Technical Services Committee report concerning the Schoerg Barn property at 381 Pioneer Tower Road. Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting concerning the Schoerg Family Homestead and Barn as he owns property in the area. Councillor J. Smola assumed the Chair. COUNCIL MINUTES APRIL 11,2005 - 80 - CITY OF KITCHENER Mr. Pat George advised that he was in attendance to clarify some of the information printed in The Record regarding JHS Properties and the Schoerg Barn. Mr. George stated that in late November 2004 he had notified Mr. J. Witmer, the City's Chief Building Official, that the barn would be removed for safety reasons. On December 3, 2004 he met with Leon Bensason, the City's Heritage Planner, and asked if the City wanted the barn material but Mr. Bensason did not respond to the offer. He stated that he again inquired of Mr. Bensason on December 9, 2004 as to whether the City wished to obtain the materials before he contacted Timeless Materials on December 10. Mr. George explained that on either of these occasions Council could have acquired the barn material at no cost. He further stated that on December 11, 2004 in discussion with Mr. Bensason he responded that he had no mandate to make a decision as to acquiring the material. Mr. George added that it would appear that the Heritage Planner did not convey this information to Council prior to the demolition on the barn. Councillor M. Galloway asked if JHS Properties understood the issue surrounding the Schoerg Barn and its heritage significance and why the company felt a need to proceed with the demolition. Mr. George responded that the company understood the significance of the barn but, the barn could not be sufficiently secured therefore creating a safety issue. The company had no choice but to demolish the barn due to liability issues. Councillor Galloway asked if JHS Properties would be willing to contribute funds to the acquisition of the Schoerg Barn material. Mr. George stated that the company would not be willing to make a contribution as the company had offered all of the material at no cost to the City prior to demolition. Councillor G. Lorentz asked if JHS Properties had discussed with City staff ways to secure the barn. Mr. George responded that some discussion had taken place with Mr. Bensason but nothing was resolved. Councillor Lorentz asked if Mr. George believed Mr. Bensason had authority to act on behalf of the City of Kitchener, to which Mr. George responded that he did and was surprised that the offer of the barn material was not presented to Council. Councillor B. Vrbanovic asked if at any time the offer of the barn material was provided to City staff in writing either in a letter or email.Mr. George stated that the offer was not given in writing but that in this situation that was immaterial. Councillor Vrbanovic asked staff if they were aware of any offer of the barn material prior to the demolition. Mr. J. Will mer, Director of Planning, advised that he was not aware of any offer. Mr. Will mer added that at that time the barn was still intact and it was the desire of the City to acquire the entire barn on its foundation and not just the materials. He further explained that staff are in negotiations with JHS Properties for the acquisition of the Schoerg Homestead property and he feels they are close to a deal with the company. Councillor J. Gazzola asked Mr. George if he agreed that the company and the City were close to reaching a deal with respect to the property. Mr. George stated he agreed with Mr. Willmer. Councillor Vrbanovic noted that Mr. George had attended the Council meeting on December 13, 2004 and asked why he had not raised the issue of the company offering the barn material at that time. Mr. George stated that he had informed Council at that meeting. Councillor Vrbanovic advised that there are two issues with respect to this matter, whether the City acquires the salvaged material and who will pay for the acquisition. He further advised that the material in question is the superstructure of the barn and does not include the barn boards. He noted that the superstructure lumber is extremely important as it is part of the community's heritage and therefore should remain in the public domain. He suggested that should the materials be acquired, they could be used in various ways such as part of future community centres or other public facilities. Councillor Vrbanovic stated that Council needs to act on this matter and acquire the material because once it has been sold, it is gone forever. Councillor Galloway commented that in his opinion the City's Heritage Planner did everything possible to retain the Schoerg Barn and regardless of the outcome the City needs to move forward and retain this valuable heritage material. Councillor Galloway added that he would hope that JHS Properties Inc. would offer a contribution of funds in good faith to help the community pay for the material. Councillor Gazzola commented that negotiations were continuing between JHS Properties and the City with respect to the Schoerg Farmstead properties which will hopefully have a positive outcome but in the meantime, Council must recognize the historical value of the Schoerg Barn material and acquire the lumber for future generations. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend Clause 8 of the Development & Technical Services Committee report to include the amount of $70,560. plus taxes for the acquisition of the Schoerg Barn materials to be funded from the Capital Surplus Fund. COUNCIL MINUTES APRIL 11,2005 - 81 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 8 of the Development & Technical Services Committee report be adopted, as amended." A recorded vote was requested and the motion was Carried Unanimously. Councillor Vrbanovic requested that the Chief Administrative Officer review the entire matter regarding the Schoerg Barn to define what can be learned from this particular series of events in order that the City is not faced with this in the future. He also asked that Mr. Bensason be contacted this evening to clarify the comments made this evening regarding a previous offer of the barn materials. Mr. Bensason was contacted and appeared later in the meeting. Mayor C. Zehr assumed the Chair. Mayor C. Zehr advised that Mr. John Ariens was in the audience with respect to Clause 1 of the Heritage Kitchener report regarding a Heritage Permit Application at 437 Pioneer Tower Road. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That Clause 1 of the Heritage Kitchener report be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Councillor J. Gazzola raised a concern with respect to Clause 7 of the report regarding the preferred route alignment for the Fairway Road Extension. Councillor Gazzola advised that he recently received a letter from an area resident raising various questions regarding the proposed road extension including the information given that the three routes would cost essentially the same. Mr. G. Stewart, General Manager of Development & Technical Services, commented that although the figures given at the Committee were estimates, it is believed that the costs between the three routes are very close although not exact. Councillor Gazzola suggested that the questions and issues raised in the letter should be addressed prior to Council adopting this recommendation. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, it was agreed to defer and refer Clause 8 to the April 18, 2005 Development & Technical Services Committee meeting pending a staff report on the issues raised by area residents. Voted on Clause by Clause. Clause 4 - Dealt with under Delegations and Carried Unanimously. Clause 7 - Deferred and referred to the April 18, 2005 Development & Technical Services Committee meeting pending a further staff report. Clause 8 - Dealt with under Delegations and Carried Unanimously, as Amended, on a Recorded Vote. Balance of report - Carried. COUNCIL MINUTES APRIL 11,2005 - 82 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of March 21, 2005), be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of April 4, 2005), be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. Mayor C. Zehr requested that Clause 5 and 6 be dealt with separately. The Mayor advised that with respect to Clause 6, a report from the Chief Administrative Officer, dated April 9, 2005, has been circulated this date to members of Council. Ms. C. Ladd, Chief Administrative Officer, advised that her report regarding a review process for the proposed Consolidated Maintenance Facility (CMF) is in response to Clause 6 of the Finance and Corporate Services Committee report. Ms. Ladd explained that the report recommends that due to the June 2007 lease expiration date for Fleet Operations, that staff be directed to examine options for possible temporary accommodation. Also, that Terms of Reference be prepared for the retention of an external consultant to complete a detailed review of the proposed Consolidated Maintenance Facility which would include the one and two-site models and all other options regarding a new maintenance facility. Ms. Ladd noted that the estimated cost for the consultant is anticipated to be $100,000. - $150,000. She added that the review should be approached in a similar fashion to an environmental assessment which would include a public involvement component. Ms. Ladd further advised that the recommendations also include a review for funding options for the project and the preparation of a full communications plan to maximize public involvement in the review of this project. Councillor J. Smola suggested that as part of the review, the lands purchased for the proposed CMF and the options for the those lands be revisited in order to make a final decision on this matter. Councillor J. Gazzola requested that the review contain additional information on the proposed savings with respect to consolidating the maintenance facilities. He further suggested that the consultants being recommended to conduct the review report directly back to Council. Mayor C. Zehr pointed out that the Terms of Reference to be prepared by the CAO will come back to Council therefore the reporting structure could be decided at that time. Councillor G. Lorentz asked if the proposed CMF was included in the $11 OM Economic Investment Fund. Ms. Ladd responded that it was not part of that Fund but did form part of the Capital Forecast with funding coming from the proposed Gas Tax Grant from the Federal Government. Councillor M. Galloway suggested that the CMF project was not a priority for the community and that Council needs to focus on the current projects underway. He added that in his opinion the facility is not needed at this time. Councillor Lorentz advised that the public is not aware of the conditions of the existing maintenance facilities and that this matter is an important issue for staff and the City as an employer. He added that a decision will have to be made and it would be irresponsible to defer the matter any further. Councillor Gazzola advised that he was in agreement with Councillor Galloway with respect to fiscal restraint and that the issue before Council was not one of providing a safe or better facility for staff, it was a matter of how best to achieve this which will require further investigation. Councillor Smola advised that he was in agreement with Councillor Lorentz and that it is important to look at the dollar amounts that will be saved by consolidating the existing maintenance facilities. Councillor B. Vrbanovic pointed out that currently there are four facilities, two of which the City will be required to vacate therefore the decision will need to be made whether to continue with two facilities or consolidating all of them into one. Councillor C. Weylie noted that half of the full time employees of the City work out of the four facilities and that any improvements to the maintenance COUNCIL MINUTES APRIL 11,2005 - 83 - CITY OF KITCHENER facilities will result in better efficiency and therefore better service. Mayor C. Zehr reiterated the fact that Council has sold the Chandler property to the Region and is required to vacate the Chandler storage yards by June 2009, and through the lease agreement for the Strasburg Fleet Operation, must vacate the Strasburg facility by June 2007. This will require Council to make a decision regarding how to move forward and in the immediate future to accommodate Fleet Operations. Councillor Galloway pointed out that though the City through its lease arrangement with the Region is to vacate the Strasburg property by 2007, this did not exclude the option of negotiating further with the Region to extend that lease. He added that Council cannot look at the CMF in isolation from other projects and their respective costs. Voted on Clause by Clause. Clause 5 - Carried. Clause 6 - Carried. Balance of report - Carried. Council then considered Chief Administrative Officer's report CAO-05-007 (C. Ladd), dated April 9, 2005, regarding the review process for the Consolidated Maintenance Facility. On motion by Councillor J. Smola, seconded by Councillor B. Vrbanovic, it was agreed to amend the recommendation contained in the report by adding that the review of the proposed Consolidated Maintenance Facility would include a review of the lands purchased on Strasburg Road and all options relating to those lands whether or not the Consolidated Maintenance Facility moves forward. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "Given the June 2007 lease expiration date for Fleet Operations located at the Regional Transit Yards on Strasburg Road, that staff be directed to immediately examine options for the possible temporary accommodation of Fleet, to ensure minimal disruption and continuation of this operation until such time as a decision is made as to its permanent location, said options to include: a) discussion of the possible extension of the current lease at the Strasburg facility with the Region; b) examination of other possible arrangements which could be made between the City and the Region for accommodation of Fleet; c) exploration of alternate locations for temporary relocation of Fleet; and, That the CAO be directed to prepare Terms of Reference in accordance with report CAO-05- 007 for the retention of an external consultant to complete a detailed review of the proposed new Consolidated Maintenance Facility (CMF). The review of the CMF should be approached in a similar fashion to an EA process including a detailed review of options and a public involvement component; and, That staff be directed to review funding options for this project including the exploration of possible funding sources from other levels of government, grant programs and / or appropriate partnerships; and, That staff be directed to prepare a full communications plan to maximize public involvement in the review of this project; and further, That as part of the review process, the lands acquired by the City on Strasburg Road to be used for the proposed Consolidated Maintenance Facility be reviewed as to the options available whether or not the Consolidated Maintenance Facility moves forward." Carried. COUNCIL MINUTES APRIL 11,2005 - 84 - CITY OF KITCHENER 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 - Dealt with under Delegations and Carried. Balance of report - Carried. Councillor B. Vrbanovic advised that Mr. Leon Bensason, Heritage Planner, was now in attendance and he requested an opportunity to ask questions of Mr. Bensason with respect to the previously discussed issue regarding the Schoerg Barn. It was agreed to allow further discussion on this matter. Mayor C. Zehr advised Council of his previously declared pecuniary interest and he abstained from all discussion concerning this matter. Councillor J. Smola assumed the Chair. Councillor Vrbanovic advised Mr. Bensason that representatives of JHS Properties Inc. had appeared before Council earlier this meeting stating that on three separate occasions they discussed with him an offer to the City of Kitchener for the Schoerg Barn material. He further advised that Mr. George stated that he did not receive a response to any of the offers and he asked Mr. Bensason if that was the case. Mr. L. Bensason advised that no such offer was ever made to him in regard to the barn material prior to the demolition of the Schoerg Barn. He explained that staff received a demolition application from JHS Properties to demolish the barn and were dealing with that situation when he next was informed of the demolition taking place. Staff intervened to request that the demolition cease, but were ignored. Mr. Bensason reiterated that at no time did he receive an offer for the barn material. Mayor C. Zehr assumed the Chair. Councillor B. Vrbanovic advised that on the Council agenda he was to provide an update from the Federation of Canadian Municipalities (FCM) and specifically on FCM's tsunami response. Councillor Vrbanovic advised that due to the latest of this meeting and the fact that a written report was circulated to members of Council, he would not make the presentation but would answer any questions that members of Council may have. Mayor C. Zehr advised that the Regional Municipality of Waterloo has approved the hiring of an architect to work with the design team regarding the pedestrian bridge across Highway 401. He also advised that improvements to Highland Road will take place this year. Council agreed to a request of G. Sosnoski, General Manager of Corporate Services & City Clerk, to add a zoning amending by-law for three readings this date relative to Clause 9 of the Development & Technical Services Committee report. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. COUNCIL MINUTES APRIL 11,2005 - 85 - CITY OF KITCHENER (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dalimat Investments Limited and Forest Glen Venture Corp - Rittenhouse Road. (e) Being a by-law to exempt certain lots from Part Lot Control - Lots 38,41 to 46 inclusive, 69 to 74 inclusive, 77 to 82 inclusive, 139 to 144 inclusive; 147, 186,189,228,399 and 419, Registered Plan 58M-338 - Cannes, Chantilly, Frankfurt, Rochefort, Tottenham and Verona Streets. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hallman Brierdale Ltd. - Zeller Drive. 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 B. Vrbanovic Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2005-65) (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2005-66) (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2005-67) (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dalimat Investments Limited and Forest Glen Venture Corp - Rittenhouse Road. (By-law No. 2005-68) (e) Being a by-law to exempt certain lots from Part Lot Control - Lots 38,41 to 46 inclusive, 69 to 74 inclusive, 77 to 82 inclusive, 139 to 144 inclusive; 147, 186,189,228,399 and 419, Registered Plan 58M-338 - Cannes, Chantilly, Frankfurt, Rochefort, Tottenham and Verona Streets. (By-law No. 2005-69) COUNCIL MINUTES APRIL 11,2005 - 86 - CITY OF KITCHENER (f) To confirm all actions and proceedings of the Council. (By-law No. 2005-70) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hallman Brierdale Ltd. - Zeller Drive. (By-law No. 2005-71) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:41 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 11,2005 - 87 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Region of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 Construction Work, during the road improvements on Sportsworld Drive/Maple Grove Road, Highway 8 Interchange and Gateway Park Drive in the City of Kitchener, from July 1, 2005 to December 31, 2006, during the hours of 7:00 p.m. to 7:00 a.m. 2. That parking be prohibited at anytime on the east side of Max Becker Drive from Activa Avenue to Commonwealth Street; and, That parking be prohibited on both sides of Max Becker Drive from Commonwealth Street to Fischer Hallman Road; and further, That the Uniform Traffic By-law be amended accordingly. 3. That the 'No Parking January 1 st - March 31 sl' regulation be removed from the west side of Wood Street between Park Street and York Street; and, That the 'No Parking January 1 st - March 31 sl' regulation be removed from the west side of Gildner Street between Park Street and Eden Avenue; and further, That the Uniform Traffic By-law be amended accordingly. 4. That the following Pedestrian Charter, as drafted by the Pedestrian Charter Working Group (Citizen's Advisory Committee on Air Ouality [CACAO] and the Together 4 Heath Coalition), be adopted as a guiding principle for the City of Kitchener; and further, That all other local area municipalities be encouraged to adopt a Pedestrian Charter. 'PEDESTRIAN CHARTER For the City of Kitchener Walking is the most ancient and universal form of travel. It is also an important form of exercise and recreation. Every personal trip involves walking, alone or in combination with taking public transit, driving or cycling. A pedestrian is a person moving from place to place, either by foot or by using an assistive mobility device. Pedestrians include residents and visitors of all ages and abilities. In order to travel safely, conveniently, directly and comfortably, they require an urban environment and infrastructure designed to meet their travel needs. To ensure walking is a safe, comfortable and convenient mode of urban travel, the City of kitchener respects the following principles: Accessibility Walking is a free and direct means of accessing local goods, services, community amenities and public transit. Environmental Sustainability Walking relies on human power and has negligible environmental impact. Equity Walking is the only mode of travel that is universally affordable, and allows children and youth, and people with specific medical conditions to travel independently. Personal and Community Safety An environment in which people feel safe and comfortable walking, increases community safety for all. Health and Well-Being Walking is a proven method of promoting personal health and well- being. Community Cohesion and Vitality A pedestrian-friendly environment Encourages and facilitates social interaction and local economic vitality. COUNCIL MINUTES APRIL 11,2005 - 88 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 4. (Cont'd) To create an urban environment in all parts of the city that encourages and supports walking, the City of Kitchener will: uphold the right of pedestrians of all ages and abilities to safe, convenient, direct and comfortable walking conditions; provide a walking environment within the public right-of-way and in public parks that encourages people to walk for travel, exercise and recreation; support and encourage the planning, design and development of a walking environment in public and private spaces (both exterior and interior) that meets the travel needs of pedestrians; provide and maintain infrastructure that gives pedestrians safe and convenient passage while walking along and crossing streets; ensure that residents' access to basic community amenities and services does not depend on car ownership or public transit use; set policies that reduce conflict between pedestrians and other users of the public right- of-way; create walkable communities by giving high planning priority to compact, human-scale and mixed land use; encourage research and education on the social, economic, environmental and health benefits of walking as a form of travel, exercise and recreation; promote laws and regulations that respect pedestrians' particular needs; advocate for improving the provincial and federal regulatory and funding frameworks that affect the City's ability to improve the pedestrian environment; and work with individual citizens, community groups and agencies, businesses and other levels of government to achieve these goals. An urban environment that encourages and facilitates walking supports community health, vitality and safety. It increases use of public transit; decreases car dependence; reduces conflict between vehicles and pedestrians; leads to cleaner air; green public space; and supports green tourism. Such an environment creates opportunities for the informal social interaction that is one of the main attributes of a vibrant, liveable urban community.' (Dealt with under Delegations and Carried Unanimously) 5. That Demolition Control Application DC 05/03/P/SR requesting permission to demolish one single family dwelling (farm house) located at 263 Plains Road, legally described as Tract Biehns Pt Lot 14, RP 58R7038, Part 1 tog with ROW, be aooroved. 6. That Council receive the Executive Summary of the City of Kitchener Citywide Stormwater Management Plan Annual Audit Report (Year 2004), as attached to Development and Technical Services Department report DTS-05-044 for the period November 2003 to October 2004, prepared to identify the impacts on the City's watercourses from urbanization, and that the stormwater management (SWM) facilities being provided meet the volume of stormwater resulting from infill/redevelopment sites; and, That Council continue to endorse the recommendations contained in the previous audits as updated and identified in Section 9.0 of the said Executive Summary; and, That Council approve the additional recommendations, as outlined in Section 10.0 of the said Executive Summary with these recommendations to be incorporated in subsequent Annual Audits; and, That the SWM be added to the Comprehensive User Fees effective immediately; and further, That authorization to defer the collection of the SWM Fee be delegated to the General Manager of Development and Technical Services or his designate. COUNCIL MINUTES APRIL 11,2005 - 89 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 7. That Kitchener City Council supports Alternative D2 identified in Development and Technical Services Department report DTS-05-049, and in "Fairway Road Extension Class Environmental Assessment - Project Team Review of Alternate Routes" as the preferred route alignment for the Fairway Road Extension. (Deferred and referred to the April 18, 2005 Development & Technical Services Committee meeting pending a further staff report) 8. That the City acquire the material salvaged from the Schoerg Barn (381 Pioneer Tower Road), by Timeless Timber Structures Inc., at an upset limit of $70,560. plus taxes, to be paid for from the Capital Surplus Fund; and; That the material be put in storage until such time as the disposition of the land on which the barn foundation is located is resolved, and plans for some form of restoration or interpretive facility using the material are completed; and further, That a letter be sent by Council to the developer, requesting they pay the cost of the City acquiring the materials salvaged from the Schoerg Barn. (Dealt with under Delegations and Carried as Amended on a Recorded Vote) 9. That Zone Change Application ZC04/17/Z/JB for the purpose of changing the zoning from Convenience Commercial Zone (C-1) to Residential Six Zone (R-6), and to amend the Grand River South Community Plan from Convenience Commercial to Low Rise Residential on lands legally described as Registered Plan 1732 Block 29 in the City of Kitchener be aooroved in the form shown in the "Proposed By-law", dated February 22, 2005, attached to Development and Technical Services Department report DTS-05-042, without conditions; and further, That Schedule 1 - Land Use Plan of the 'Grand River South Community Plan' be revised to redesignate the lands as shown on Schedule 'A', attached to Development and Technical Services Department report DTS-05-042, from Convenience Commercial to Low Rise Residential. 10. That the following be adopted with respect to the recommendations contained in the 'Cedar Hill Land Use and Social Environmental Study': That recommendation 1 be endorsed by Council and Planning staff be directed to monitor progress related to the Development Permit System; and, That recommendations 2, 3, 5-11, and 20, relating to zoning amendments relating specifically to Cedar Hill, be given immediate priority, and Planning staff be directed to prepare an amending zoning by-law and municipal plan amendment for consideration at the May 2, 2005, DTS Committee Meeting; and, That Planning staff be directed to undergo broad public consultation with respect to recommendations 4, 12 and 13, relating to zoning amendments affecting the entire city, and report back to the Development and Technical Services Committee in the Fall of 2005; and, That recommendations 19 and 22, relating to non-regulatory and community economic development tools, be given high priority, and Planning and Community Services staff be directed to investigate opportunities to implement these recommendations together with neighbourhood stakeholders; and further, That recommendations 14-18 and 21, relating to other non-regulatory tools, be deferred until such time as recommendations 19 and 22 have been considered. 11. That Planning, Downtown Development and Community Services staff be directed to continue on-going dialogue so as to ensure that recommendations contained in the 'Cedar Hill Land Use and Social Environmental Study', the 'Downtown East Ya Gotta Luv It Strategic Action Plan' and 'Downtown Strategic Plan' are undertaken in a manner that ensures an alignment of staff resources. COUNCIL MINUTES APRIL 11,2005 - 90 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of March 21, 2005) - 1. That Recommendations 1 to 8, inclusive, of the Leisure Facilities Master Plan (January 2005), be adopted, as follows: a) Recommendation 1 (Vision) A mixed array of accessible leisure participation opportunities that support our diverse community and encourage community capacity building, resident health and well-being and strengthen the City's neighbourhoods. b) Recommendation 2 (Mission) The Kitchener Leisure Facilities Master Plan directs the City's achievement of a balanced array of accessible and participation-based leisure opportunities. It brings together all the community's leisure capabilities and resources that contribute to the enrichment of the quality of life for Kitchener residents through both partnerships and direct delivery strategies that: · inspire a true value for the benefits of leisure participation opportunities and encourage broad-based, active resident participation that supports improved resident health, well-being and personal development; · generate a strengthened sense of community identity, spirit and service with residents; and, · support improved neighbourhood unity and capacity, as well as positive community and economic development. c) Recommendation 3 (Princioles and Values) The Leisure Facilities Master Plan will focus on the following: 1. The provision of a balanced mix of leisure opportunities, involving recreation, arts, culture and minor sports, and linked access to social, health, education and related services. 2. Fair and equitable leisure opportunities that encourage participation by all dimensions of the community in terms of ability, culture, economic, geographic and related interests and backgrounds. 3. Developing and implementing operations, programs and resources that operate with integrity, are continually evaluated relative to outcomes and respond to evolving resident needs. 4. The maximum utilization of existing resources, through their on-going rehabilitation and renewal. 5. The provision of geographically dispersed facilities to meet changing market demands and population growth patterns, while ensuring key linkages with neighbourhood, district and city-wide servicing requirements. 6. The continuation of specialized services for seniors, youth, the disabled, new immigrants, early years and other targeted populations whose citizenship and quality of life could be enhanced through better access to and increased participation in leisure services. 7. Sustaining an important emphasis on neighbourhood-based leisure services provisioning through the development of local resource centres; supports to community groups and neighbourhood associations; enhanced access to local schools and related community-based facilities; and other connected endeavours. COUNCIL MINUTES APRIL 11,2005 - 91 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of March 21, 2005) - (Cont'd) 1. c) Recommendation 3 (Princioles and Values) - (Cont'd) 8. The Community Services Department continuing its leadership role in the planning, development, facilitation and supports for leisure services availability, using an array of innovative delivery strategies involving partnerships, joint ventures, direct delivery and community-based service provider approaches. 9. Ensuring that the city's parks, open space, the Grand River and stream corridors and natural areas continue being valued by the community, conserve key environmental resources, are accessible to the public for both programmed and non-programmed activities and contribute significantly to the urban form of the community. 10. Developing leisure facilities that are flexible and can be linked to broader community strategies and initiatives related to health, economic development, transportation, education and growth management. 11. Facilities and services that are sustainable over the longer term through innovative designs and effective operations, and that are adaptable and flexible, environmentally sound, affordable to construct and operate, facilitate an ease of maintenance and actively support inclusion. d) Recommendation 4 (Plan Goals) 1. To establish a resource centres development model that supports both the delivery of neighbourhood-based leisure programs and the City's Corporate Plan objectives. 2. To realign arenas/ice surfaces to reflect contemporary operational, locational and market trends and requirements. 3. To provide a foundation and priority for future leisure activities and park and open space utilization within the Grand River Corridor and for the Community Trails system. 4. To develop a longer-term strategy for the development of indoor pools/aquatic operations that reflect demand levels and future residential distribution patterns. 5. To develop a balanced strategy for the renewal and upgrading of existing leisure facilities, including park sites, as well as the introduction of new leisure resources to reflect population growth, emerging residential development patterns and market trends. 6. To support economic development and tourism opportunities and alternate strategies related to some of the City's key leisure facilities. 7. To give consideration to variable leisure services delivery models, building on the current model's successes and introducing new approaches that may be more reflective of the regional-based participation patterns, capital and operating cost implications and market trends and activity profiles. 8. To develop selected policy, role and positioning strategies for the Community Services Department in terms of the broader leisure services network and delivery model within the community. 9. To assess and develop strategic directions in key policy areas, such as the Community Grants Program / Affiliation Agreement, gender and disabled participation perspectives, targeted populations and other dimensions. COUNCIL MINUTES APRIL 11,2005 - 92 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of March 21, 2005) - (Cont'd) 1. e) Recommendation 5 (Leisure Services Policv) On the understanding that 'leisure services' refers to those delivered through the leisure facilities network within the City: 1. The City of Kitchener is a leader in the planning, development, delivery and evaluation of leisure services needs and opportunities within the municipality. 2. The City firmly believes in the value of and need for community organizations to successfully operate leisure services as a primary means to expand the accessibility, availability, affordability and mix of leisure services that are available to its citizens. 3. The prioritization process for City of Kitchener's participation and investments in the leisure services facilities will focus on servicing City of Kitchener residents as the primary users within the following priority framework: First - leisure services that facilitate and encourage broad-based participation amongst city residents at a recreational level of activity, including in-city, regional and provincial competitive oriented activities for children and youth. ii) Second - leisure services and accessibility supports that link to the specialized needs of targeted populations, such as those with disabilities, seniors, young children, teens, and new immigrants. iii) Third - leisure services that are primarily intended to support key strategic initiatives of the City of Kitchener, such as downtown redevelopment, conversion of brownfield sites, conservation of major open space resources and specialized services that ensure a broad mix / array of leisure opportunities for Kitchener residents. iv) Fourth - leisure facilities development that are targeted primarily at national and international level athletes, participants, etc., and which will only be considered within a sport tourism framework where need / use levels and impact potential demonstrates an evident benefit to the community, and where other partners (municipalities, senior government levels, sustainable non-profit organizations and the private sector) are active, substantial and committed contributors. 4. The City will fulfill its role in the planning, development, delivery and evaluation of leisure services based on the following hierarchy of responses and roles: First - will actively work to facilitate and support community groups and individuals in the development and delivery of leisure services by providing technical supports, access to grants, and other supports involving data information, volunteer training and recognition, access to facilities and related strategies. ii) Second - will enter into partnerships, joint ventures and related collaborative initiatives, at variable levels of involvement, that result in a shared responsibility for a leisure facility or service's delivery where: · the interest of the residents of Kitchener are fully realized; · need is apparent; and, · sustainability within acceptable risk parameters exists. COUNCIL MINUTES APRIL 11,2005 - 93 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of March 21, 2005) - (Cont'd) 1. e) Recommendation 5 (Leisure Services Policv) - (Cont'd) iii) Third - to undertake the direct delivery of leisure services and facilities where other delivery strategies are not viable or available, utilizing direct capital investment and annual budget support, as well as City staff operating alone or in partnership with volunteers. 5. Any City involvement in leisure services delivery should be based on the following conditions: identification of demonstrated need at reasonable participation levels; ii) evidence of long term sustainability; iii) assured public accessibility, participation and affordability; iv) involvement by the City reflective of the scale of the benefits to be achieved to both the participants and the community at large; and, v) the use of business case analysis and preparation as a basis to support City investments in a leisure facility or services initiative. 6. The City will establish a data collection and outcomes/performance monitoring capacity that will effectively assess the value of the city's role in the various delivery strategies, the degree of participation that is being realized and the benefits being realized by the City's investments. Recommendation 6 (Data Collection Analvsis Evaluation and Maooina) That the following be re-visited at a later time after a more extensive analysis of Recommendation 6 has been performed: 1. A comprehensive review and further development of the department's data collection, analytical and evaluation activities to ensure increasingly relevant, accurate and timely data to support decision-making with emphasis on: The City's leisure services to ensure that revenues are being optimized, expenses are being minimized and participation opportunities are maximized. ii) Changes that are occurring in the regional market context that could influence participation patterns and which might impact financial results, related to reduced revenues, increased expectations or other changing market conditions. iii) Supporting organizations that the city is significantly connected with in terms of grants or related to the potential impacts if the organization were to cease operations or run into a major financial issue. 2. Use of Leisure Services Delivery Policy as the primary basis for any current or future leisure services evaluations related to philosophical fit, criteria, goals, etc; and, 3. Development of mapping resources to support the Master Plan's implementation. g) Recommendation 7 (Suooorts to Communitv Oraanizations) That the City's current model of organizational support to leisure services delivery groups be sustained and enhanced where reasonably possible, as one basis for achieving the facilitation role identified within the Leisure Services Delivery Policy. COUNCIL MINUTES APRIL 11,2005 - 94 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of March 21, 2005) - (Cont'd) 1. (Cont'd) h) Recommendation 8 (Partnershios and Joint Ventures) To continue partnership, joint venture and related initiatives where: · need is identified; · public access and affordability are assured; · the partnership is financially reasonable and sustainable; and, · the scope of investment is reflective of the benefits to be realized by residents of the City. 2. That as a general principle, City-owned parkland be retained and not disposed of; and further, That staff be directed to consider parkland as surplus only in exceptional circumstances, when considered appropriate by the Asset Management Steering Committee, in which case staff may prepare a business case for Council's consideration and undertake public consultation on a case-by-case basis. COMMUNITY SERVICES COMMITTEE (Meeting of April 4, 2005) - 1. That Rockway Public School be awarded a one-time community playground grant of $750. in 2005 toward construction of a new junior creative playground facility, to be located within the school campus. 2. That St. John Catholic Elementary School be awarded a one-time community playground grant of $750. in 2005 toward construction of a new playground amenity, to be appended to the existing primary creative playground facility located within the school campus. 3. That the 2005 Wednesday Farmers' Market schedule, to run from June 1 st to October 1 ih, 2005, be approved; and further, That the 2005 Wednesday Farmers' Market formal attendance policy for inside Farmers' Market vendors, as outlined in Community Services Department report CSD-05-042, be approved. 4. That approval be granted to extend the parties with which the City enters into an agreement for a scattering garden as set out in Council's resolution of March 29, 2004 and June 29, 2004 to the Incorporated Synod of the Diocese of Huron, the Royal Bank of Canada and St. George's of Forest Hill Anglican Church. 5. That the installation of a city watermain from the closest connection point at Old Mill Road and Doon Valley Drive to the Doon Valley Golf Course, to be financed from the Doon Valley Golf Course surplus fund; as outlined in Community Services Department report CSD-05-048, be approved. 6. That the Mayor and Clerk be authorized to sign the 'Memorandum of Agreement - Earth Day 2005', satisfactory to the City Solicitor, with Earth Day Canada, as attached to Community Service Department report CSD-05-049. 7. That a one-time grant of $5,000. to the Ahmadiyya Movement in Islam (Kitchener Chapter) to assist with facility rental expenses for the XXV World Religions Conference to be held October 1, 2005 at the Centre in the Square, be approved, pending verification of non-profit status. COUNCIL MINUTES APRIL 11,2005 - 95 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of April 4, 2005) - (Cont'd) 8. That the following public art commissions, as selected by public juries in accordance with Council Policies 1-650 (% for Art) and 1-485 (Public Art) be endorsed: · 'Bookends' (Rees) for the Stanley Park Grand River Library; and, · 'The Grand River' (Gibson) for the Stanley Park Community Centre; and further, That the Mayor and Clerk be authorized to sign agreements, to the satisfaction of the City Solicitor, with the artists Nicholas Rees and Walter Gibson, regarding their public art commissions, conditions of delivery and acceptance of their commission proposals, as set out in the Community Services Department report CSD-05-046. 9. That the Community Services Department, Operations Division continue to monitor storm systems during and after major rain events and take no action at this time to secure manhole covers. FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That the request of the Resurrection Neighbourhood Association to locate two barbeques on City property in Resurrection Park and at the intersection of Glasgow Street and Resurrection Drive, in connection with a community yard sale to be held on May 14, 2005, (rain date May 15, 2005), be approved, provided the necessary licence is obtained, including Fire and Health approvals. 2. That Homeniuk Rides Inc. be granted permission to operate a midway at Zellers, 245 Strasburg Road, from June 1 to June 5, 2005, subject to the following: Hours of 0 eration; and, Date Wednesda , June 1 Thursda , June 2 Frida , June 3 Saturday, June 4 Sunday, June 5 Start 3:30 m 3:30 m 3:30 m 10 am Noon Close 10:00 m 10:00 m 11 :00 m 11 :00 pm 9:00 pm That the music at the midway be turned down at 8:00 p.m., excepting those evenings preceding a school day when it shall be turned off at 8:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding a non- school day; and further, That the required licence be obtained prior to operating the midway. 3. That the Mayor and Clerk be authorized to execute the Animal Control Services Agreement with the Corporation of the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society, dated January 1, 2004; and further, That negotiations relative to the next Animal Control Services Agreement commence in June 2006, prior to the end of the above Agreement. 4. That Purchase Order #0300972 to E & E Seegmiller, dated December 2003, be increased by $50,853.52, from $478,205.36 to $529,058.88; and, That Purchase Order #0201034 to McCormick-Rankin Consultants be increased by $59,397.65, from $70,832.93 to $130,230.58; and further, That the required funds be taken from Index Code 315905 - WTBI-SWM Certification Deposit. COUNCIL MINUTES APRIL 11,2005 - 96 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 5. That Council supports the consolidation of Kitchener's current four-site maintenance facility model into a one or two site facility model. 6. That the Chief Administrative Officer (CAO) report to the April 11, 2005 Council meeting as to process details and suggested timelines to gather additional information pertaining to a new maintenance facility model, and that the following issues be considered in the CAO's report: · consideration of obtaining independent advice on the business case developed thus far and in addition to the work of the City staff team and the external reviews conducted by Hanscomb Limited, cost consultants, and Giffels Associates Limited; · a review of the business approach surrounding a one or two facility model as well as sites which may be appropriate for either of these models; · a review of the most appropriate funding mechanisms for such facility(ies); · a detailed review of the ongoing operational costs of proposed models including substantiating the anticipated cost savings if they form part of the rationale for the business model; · an examination of other sources of funds which may be considered like the Federation of Canadian Municipalities' Green Funds for possible inclusion in the budget for a new project; and, · a plan to build awareness about this project with the community. HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-IV-001 (437 Pioneer Tower Road) be approved, to permit the work as shown on the plans and described in the specifications submitted with the application dated February 7, 2005 and attached as Appendix 'A' to Development and Technical Services Department report DTS-05-041, subject to the following conditions: a) That the design of the proposed two small windows on the rear (south) elevation of the farmhouse be revised so that the bottom rail meets the side rail at a right angle, thus creating a six-light window of similar design and dimension as the attic windows located on the farmhouse; and, b) That the design of the sidelights on the front (north) elevation of the farmhouse be revised so that the glazing does not extend all the way to the floor, but rather rests on a wood paneled base of appropriate height, to be reviewed and approved by the City's Heritage Planner; and, c) That the applicant provide City staff and Heritage Kitchener with a better understanding of the colours proposed to be used for both the wood siding to be installed on the farmhouse; the EIFS to be used on the farmhouse addition; submit detailed drawings of the proposed use of plexi/safety glass on the deck surrounding the rear addition; and the colours to be used for the brick on the chimney; and, d) That the fieldstone and masonry repair/repointing proposed to be undertaken on the drive shed meet the Ministry of Culture's Master Specifications for the Cleaning and Repainting of Historic Masonry; and, e) That additional detail regarding the design, location and installation of new security lighting on the south elevation of the drive shed be provided and be deemed appropriate by staff and the Heritage Kitchener Committee; and, COUNCIL MINUTES APRIL 11,2005 - 97 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 1. (Cont'd) That additional detail regarding the design and material to be used in the installation of eavestrough and downspouts on the drive shed be provided and be deemed appropriate by staff and the Heritage Kitchener Committee; and, g) That additional information be provided to identify the location of the proposed accessory structure relative to the south elevation of the drive shed; and with regard to the proposed design and configuration of the pen enclosure including its length, height and method of construction (material); and h) That additional information be provided to enable staff to gain a better understanding of how the proposed grading could impact the viability of existing trees, shrubs and other natural landscape features which may contribute to the CHL significance of the property; and that information regarding the extent to which the applicant proposes to remove existing trees be referred to the City's arbourist for review and comment; and further, That as an addendum to HPA 2005-IV-001, the windmill proposed to be located south of the pond be approved at a height of no more than 12 feet and be designed in accordance with the image presented to Heritage Kitchener at its meeting of April 5, 2005. (Dealt with under Delegations and Carried) 2. That Ms. Elizabeth M. Gallaher be appointed to the Heritage Kitchener Committee for a term to expire on November 30, 2006. COUNCIL MINUTES APRIL 11,2005 - 98 - 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. Doa Desianation Aooeal Committee Decision It was resolved: "That the March 21, 2005 decision of the Dog Designation Appeal Committee regarding an appeal filed by Victoria L1ich, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 2. Permission to Ooerate Downtown Patios It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2005; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Big City Donuts, located at 24 Gaukel Street, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2005; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Matter of Taste, located at 119 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2005; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of The New York Pita Co., located at 82 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2005; and further, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Walper Hotel, located at 1 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2005." 3. Encroachment Aareement - Sheraton Four Points Hotel (105-123 Kina Street East) It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Part Lot 5, Plan 364, Part Lots 4, 6 to 9 and 11, Plan 367, and Part Lot 38, Plan 394, municipally known as 105- 131 King St. E., to permit erection of two canopies which overhang the road allowance of King Street E." COUNCIL MINUTES APRIL 11,2005 - 99 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Various Tenders Dealt with under Delegations. 5. Sale of Tickets - Heart & Stroke Foundation of Ontario Council considered Corporate Services Department report CRPS-05-049 (J. Kalbfleisch), dated March 2, 2005, advising of no objection to the sale of tickets by the Heart & Stroke Foundation of Ontario. It was resolved: "That the City of Kitchener has no objection to the Heart and Stroke Foundation of Ontario, 1920 Yonge St., 4th Fir., Toronto, Ontario, M4S 3E2, being granted permission to sell tickets in the City of Kitchener for a series of raffle draws to be held from May 27, 2005 to July 6, 2005 with draws will be held at Miratel Solutions Inc., 2501 Steeles Ave. W., Suite 200, Toronto, Ontario." 6. Execution of Lease Aareements - Bridaeoort & Citv Hall Davcares Council considered Corporate Services Department report CRPS-05-055 (L. Proulx), dated April 6, 2005 recommending execution of both leases. It was resolved: "That the Mayor and Clerk be authorized to execute the draft lease agreements for the YW Bridgeport Childcare Centre and YW Citykids Daycare as appended to Legal Services correspondence dated March 22 and March 24, 2005 respectively." 7. Sale of Karn Lane (Belmont Avenue to Patricia Avenue) Council was in receipt this date of Corporate Services Department report CRPS-05-060 (F. McCrea), dated April 7, 2005, recommending acceptance of an Offer to Purchase Karn Lane between Belmont Avenue West and Patricia Avenue. It was resolved: "That the City accept an offer from 1471263 Ontario Inc. and Forest Group (Kitchener) Ltd. to purchase Karn Lane, between Belmont Avenue West and Patricia Avenue in Kitchener and described as Parts 1 to 4 inclusive on Plan 58R-5165, for the sum of $18,000.00, conditional upon the closure of Karn Lane; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor."