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HomeMy WebLinkAboutCouncil - 2005-06-20 COUNCIL MINUTES JUNE 20,2005 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 Symone Snively and Chelsea Gay, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held May 30, 2005 and special meetings held May 30, June 9 & 13, 2005, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated two reports requesting Council consider additional tenders T05-029 (Road Reconstruction - Chestnut Street and Pequegnat Avenue) and T05- 031 (Road Reconstruction - Lancaster Street East I Clarence Place I Mansion Street). Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Expression of Interest E05-024, Engineering Services - Two (2) Standby Generators, be awarded to Hydromantis, Inc., Cambridge, at their estimated fee of $65,134., plus 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." - and - "That Expression of Interest E05-026, Consultant Services - King Street (Stirling Avenue to Madison Avenue) and Madison Avenue (King Street to Weber Street), be awarded to MTE Consultants Inc., Kitchener at their estimated fee of $306,621.85, including a contingency of $26,051.13 and 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 Tender T05-029, Road Reconstruction - Chestnut Street (Victoria Street to Frederick Street) and Pequegnat Avenue (Mansion Street to Frederick Street), be awarded to Steed and Evans Limited, Kitchener, at their tendered price of $1,833,980., including provisional items and contingencies of $121 ,395. and 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 T05-031, Road Reconstruction - Lancaster Street East (Frederick Street to Victoria Street), Clarence Place (Lancaster Street to Gordon Avenue) and Mansion Street (Lancaster Street to 60 M Westerly), be awarded to J. Weber Contracting Limited, Breslau, at their tendered price of $1,792,399.50, including provisional items and contingencies of $384,890. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. COUNCIL MINUTES JUNE 20,2005 - 181 - CITY OF KITCHENER Ms. T. Marr, Manager of Marketing and Creative Services, presented a 2004 Ontario Economic Development Award to Nicole Amaral, Graphic Designer, Corporate Communications & Marketing, in the category of 'Best Development Publication' for her design of the City's Business Development Physician Recruitment brochure. The brochure was developed in collaboration with the St. Mary's and Grand River Hospitals. Ms. T. Marr also presented 2005 ICON Advertising Awards received by the City's Communications and Marketing Division, given for graphic design in competition with private sector advertisement agencies and professional design companies. The City was presented with three awards, which included the following: . 2005 Gold - Not-for-profit TV PSA Award for the 'Drive to Stay Alive - Body Bag' TV commercial; . 2005 Silver - Not-for-profit TV PSA Award for the 'Drive to Stay Alive - Hug Your Friends' TV commercial; and, . 2005 Silver - Print - Information Promotion Award for the 'Market Shop Menu'. Ms. Beth Weckman, Executive Member, Pinegrove Community Association, attended with respect to Clause 5 of the Development & Technical Services Committee report of this date, dealing with revisions to Council Policy 1-1095 (Public Participation in the City's Site Plan Approval Process). Ms. Weckman commented that the intent of the Policy is not to delay planning processes but rather to ensure that the process is inclusive so that the best possible planning decisions can be made for area neighbourhoods across the City. Ms. Weckman did not favour the changes proposed as they appear to remove public involvement and will only serve to increase the workload of Council representatives. She stated that in her opinion, the changes do not provide the best possible format for making optimal planning decisions and requested that Clause 5 be deferred and referred to the August 29, 2005 Council meeting to allow further discussion to take place between City staff and representatives of Neighbourhood Associations across the City. Mr. J. Willmer advised that staff have no concerns with the deferral request, with the exception that revised sub-clause (d) of Clause 10 of the Policy is unrelated to the concerns raised by the delegation. He asked that this sub-clause be dealt with at this time to allow an existing, unproductive practice related to giving notice for properties zoned Institutional to be discontinued. Councillor B. Vrbanovic suggested that it may be more appropriate to defer the remainder of the revised Policy to the September 12, 2005 Development & Technical Services Committee meeting to allow sufficient opportunity for the parties to meet over the Summer break. It was generally agreed to separate sub-clause 10.(d) of Clause 5 of the Development & Technical Services Committee report for consideration this date and deal with it independent of the remainder of the recommendation. In separation motions by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, sub-clause 1 O.(d) of Clause 5 was adopted and the remainder of sub-clause 10 deferred and referred as outlined above Mr. Scott Snider, Turkstra Mazza Associates, Lawyers, spoke on behalf of his client Victoria Ariens, owner of 437 Pioneer Tower Road, regarding Clause 8 of the Heritage Kitchener report, dealing with a proposed by-law to provide for the entering into of a Heritage Conservation Easement Agreement with the owners of 381 Pioneer Tower Road (JHS Properties Inc. - Schoerg Farmhouse). Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting regarding this matter as he owns property in the area. Councillor J. Smola assumed the Chair for purposes of conducting this portion of the meeting. Council was circulated this date with excerpts, provided by Mr. Snider, from The Planning Act, R.S.O. 1990, relative to Section 51 (Plan of Subdivision Approvals) and a document entitled 'Draft Approval Conditions of Plan of Subdivision 30T -95016'. Mr. Snider advised that at the May 30, 2005 Council meeting, he had asked that Council consider imposing a Heritage Conservation Easement Agreement, similar to that applied to his client's property (Betzner Farmhouse), as a condition of draft plan approval on the adjacent JHS Subdivision to protect the Schoerg Farmhouse and to ensure both properties were treated fairly. He noted that this issue was referred to Heritage Kitchener for comment and the Committee agreed that a Heritage Conservation Easement Agreement would be in the best interests of the public. Mr. Snider then COUNCIL MINUTES JUNE 20,2005 - 182 - CITY OF KITCHENER referenced comments made by Mr. P. Britton on behalf of JHS at the May 30 Council meeting that the agreement applied to the Betzner farmhouse was not a condition of draft plan approval but rather was imposed as a condition of a Committee of Adjustment severance approval. In this regard, Mr. Snider pointed out that under Condition 73, as evidenced in the excerpt of draft approval conditions, the agreement was required as a condition of draft plan approval and the Committee of Adjustment simply carried it through to the severance approval. Mr. Snider advised Council that under the Planning Act they have full authority to request the Ontario Municipal Board to modify the conditions of draft plan approval to require that such an agreement be entered into by JHS. He stated that in his opinion, the Heritage Kitchener recommendation does not go far enough and encouraged Council to pursue modification of the draft plan approval to give weight to the proposed by-law. Mr. J. Willmer suggested that in light of the information provided this date it would be appropriate to defer the matter to allow further discussion to take place between the interested parties. Mr. P. Britton, MHBC Planning Ltd., spoke on behalf of his client, JHS Properties Inc., advising that he supports deferral to provide an opportunity to consider the new information and work with Mr. Snider to arrive at a comprehensive solution. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 8 of the Heritage Kitchener report of this date be deferred and referred to the July 4, 2005 Council meeting to allow further discussion among interested parties." Carried. Mayor C. Zehr assumed the Chair. Ms. Anna Halat spoke on behalf of her father, Les Halat, in regard to Clause 4 of the Finance and Corporate Services Committee report, concerning his request to operate a refreshment vehicle at 1455 Strasburg Road. Ms. Halat acknowledged that the location does not meet the distance separation factor from another refreshment vehicle operation. She suggested that given the location is at 350 m as opposed to the required 400 m distance, the difference is minimal and should not be of concern. She stated that Mr. Halat has had difficulty in finding a good location and pointed out that this represents an opportunity for her to be gainfully employed. She asked that Mr. Halat be given permission to operate at the requested location. Ms. Halat answered several questions, advising that Mr. Halat has investigated other locations but has not found one as suitable. She added that he had not spoken to the other vendor, who is opposed to the operation but is of the opinion that there is enough business in the area to support both operations. Mr. G. Sosnoski advised that the by-law provides that the distance factor be measured from property line to property line, but if the distance is measured between actual cart locations the distance separation requirement is met. He noted that in some exceptional circumstances, such as the Franklin Street Bridge removal, Council has agreed to an exemption from the distance separation requirement. Mr. Sosnoski added that the opposing vendor has stated in a written submission provided at the June 13, 2005 Finance and Corporate Services Committee meeting, that there is insufficient business to support another refreshment vehicle operation within the industrial park. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 4 of the Finance and Corporate Services Committee report of this date be adopted." Carried. Ms. Mary Jane Patterson, Manager, Residential Energy Efficiency Project (REEP), presented a poster to congratulate the City in its accomplishment of achieving a reduction of 460 tonnes of C02 emissions. The reduction was achieved through energy efficiency retrofits made by residents to their homes as a result of recommendations from a REEP Ener-Guide for Houses evaluation. Ms. Patterson noted that over $92,000. in Federal grant monies were received by Kitchener residents as COUNCIL MINUTES JUNE 20,2005 - 183 - CITY OF KITCHENER a result of the evaluation program. She added that the program assists in meeting the City's goals for improving the environment and fulfilling its obligations under the Kyoto Protocol. Mayor C. Zehr accepted the poster on behalf of the City and at the request of Councillor B. Vrbanovic, it was agreed that this information be included on the City's website. Ms. Pat Henderson, Chair, Opportunities Waterloo Region, commended the City on achievements made in promoting inner-City development and provision of affordable housing. Ms. Mary MacKeigan, Executive Director, then presented a brief overview of the organization and its programming. The organization is comprised of sixteen communities across Canada, striving to build communities of opportunity through creative solutions that reduce and prevent poverty, using collaboration, advocacy and education. Ms. MacKeigan spoke of the 'Youth Education for Success' program implemented in the Mill-Courtland neighbourhood, which offers support to students from Grade 7 through to graduation. The goal of the program is to reduce school drop-out rates by achieving graduation of 100 youths over the course of the four-year program. In response to questions, Ms. Henderson advised that Opportunities Waterloo Region has worked extensively with Human Resources Development Canada to educate ethnic seniors in the benefits of filing a personal income tax form; many of whom are simply unaware they may qualify for refunds. Mr. William Kennaley spoke to several issues, first commending the City's Fire Department for their quick response to a Direct Detect alarm signal resulting from an incident at his home. Secondly, he asked that the City take steps to clean up construction debris on Ralgreen Crescent which is creating accumulations of mud and I or dust dependant on weather conditions. He suggested that given the difficulties experienced by property owners on this street, the residents should not have to contend with such conditions and advised that a response given by the Chief Building Official indicating the City is expending too many funds in this area was unacceptable; especially since their property taxes have increased. Mr. Kennaley then referred to recent news media that suggests planning of the Centre Block development will be conducted behind closed doors. He stated that this project is too important to be left in the hands of a select few and encouraged Council to ensure that the process remains open. Ms. C. Ladd agreed with Mr. Kennaley's comments concerning the Centre Block development and advised that City staff are in the process of determining appropriate methods to involve the public. She noted that thus far, consideration has been given to holding regular open public meetings; development of an inter-active website to allow citizens to follow progress of the development and submit comments; and special public Council meetings at key points in the development. Ms. Ladd advised that a full report as to details of the proposed public process will come forward to Council in the near future. Mr. J. Witmer responded to Mr. Kennaley's concerns regarding Ralgreen Crescent, and agreed that there has been a problem with the developer in maintaining the construction site. He advised that his comments to Mr. Kennaley regarding spending of funds were made in the context of the City's desire to encourage the developer to take responsibility to keep the area clean rather than accrue costs to have City crews undertake the work. He stated that an inspection was completed earlier this date and he would work with the parties involved to facilitate clean up of the area. In response to Councillor G. Lorentz, Mr. Witmer advised that if the City undertakes the work, the developer will be billed and is obligated to pay promptly. He suggested that the street could be placed on regular inspection and the issue pressed with the developer. Mr. & Mrs. J. Leeman, owners of 109 North Hill Place, spoke in support of Clause 3 of the Development & Technical Services Committee report of this date recommending approval of their zone change application, ZC 05/05/N/JB, to re-zone their property to Residential Three (R-3) Zone with temporary use provision 10T, to permit construction of a garden suite. The Leemans advised that they had completed all required documentation in consultation with Planning staff and made revisions as required to ensure that they undertook this process properly and honestly. They noted that no concerns were raised by government agencies and the proposed structure will be constructed to Building Code and maintained in accordance with property standards. They advised that the intent was to provide dignified accommodations for their elderly parents in close proximity to allow provision for their care. The Leemans expressed the opinion that there would be no negative impact to the neighbours and asked that the Committee's recommendation be approved. COUNCIL MINUTES JUNE 20,2005 - 184 - CITY OF KITCHENER Mr. Linsay MacKinnon, area property owner, spoke in opposition to Clause 3 of the Development & Technical Services Committee report advising that he had attempted to meet conditions to obtain a building permit on a similarly sized property to that of the Leemans, but had been unsuccessful. He added that the area in question is a laneway with only three existing properties and is sensitive land, such that it is his opinion that no new building permits should be issued on the lane. He suggested that while the use is to be applied on a temporary basis, once constructed it was his opinion the structure would remain permanent. Councillor C. Weylie pointed out that the Leemans will be required to enter into an agreement which provides that the structure be either removed or converted after 10 years unless the term is extended under provisions of the Planning Act. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 3 of the Development & Technical Services Committee report of this date be adopted." Carried Unanimously. Mr. Dean Zinken presented photographs of articles in the City's possession having potential historical value, including pieces of the old City Hall portico; a portion of which is mounted on an outside wall of the new City Hall and another which was to be installed at the new Children's Museum. Mr. Zinken suggested that the pieces should be maintained as one and it was his understanding the piece intended for the Museum would not fit in any event. Mr. Zinken added that Royal Assent has been given to bring paintings by local artist, Homer Watson, to Canada from England for display. Mayor C. Zehr advised that Facilities Management staff have been working with the Children's Museum to have a portion of the portico installed and was of the understanding they may now be in a position to proceed. He asked that Mr. Sosnoski arrange for a staff report regarding installation of the artifacts as the Children's Museum. Mayor Zehr also suggested that Mr. Zinken work with the Homer Watson House & Gallery with regard to potential display of the artist's paintings. Ms. Rosemary Pitfield, Director of Communications & Marketing, presented members of Council with a copy of the City's 2004 Annual Report entitled 'Shaping Tomorrow Together'. She advised that the public will be able to access the report on the City's website and highlights will be published in a special edition of 'Your Kitchener' newsletter; and in addition, staff will use the report to promote the City in the area of employee recruitment. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." At the request of Councillor C. Weylie, it was agreed to defer and refer Clause 4 of the report dealing with a request by Mr. R. Milligan regarding realignment or closure of Plains Road, to a future meeting of the Development & Technical Services Committee to allow further discussion with the proponent. At the request of Mr. G. Stewart, it was agreed to defer and refer Clause 7 of the report regarding an information package entitled 'City of Kitchener, Traffic Calming - Onward Avenue Reconstruction', to the July 4 Council meeting to allow further discussion among staff relative to issues raised by the Fire Department. Councillor C. Weylie referred to Clause 9 of the report dealing with approval of Plan of Subdivision 30T -00201 and Zone Change Application ZC 04/29/W/BS (TL V Developments Inc. - 173 Woolner Drive), advising of a request from Ms. Kristin Barisdale, GSP Group, to amend the recommendation contained in report DTS-05-085 by adding the phrase 'if required' to the end of Condition 18 of Clause B.2.2.2. It was generally agreed to amend Clause 9 as requested. The report of the Development & Technical Services Committee was then voted on Clause by Clause. Clause 3 - Dealt with under Delegations and Carried Unanimously. COUNCIL MINUTES JUNE 20,2005 - 185 - CITY OF KITCHENER Clause 4 - Deferred and referred to a future Development & Technical Services Committee meeting to allow further discussion with the proponent. Clause 5 - Dealt with under Delegations and: - Portion of Clause 5 to approve sub- clause 10.(d) - Carried - Sub-clauses 10.(a), (b) and (c) - Deferred and Referred to the September 12, 2005 Development & Technical Services Committee meeting to allow further discussion among all interested parties. Clause 7 - Deferred and referred to the July 4 Council meeting to allow further discussion among staff relative to issues raised by the Fire Department. Clause 9 - Carried, as Amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Council was in receipt this date of Corporate Services Department report CRPS-05-112 (G. Sosnoski), relative to Clause 1 of the Community Services Committee report regarding timelines for constructing a Twin Pad Arena. The report raised concerns in regard to accelerating the design I construction process in terms of the impact on business case development, site selection and public I stakeholder consultation. At the request of Mayor C. Zehr, it was agreed to amend Clause 1 of the Community Services Committee report dealing with the Ice Demand Study to remove the third paragraph as it was deemed redundant as the information requested is before Council this date. On motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, a subsequent recommendation related to Clause 1 of the Community Services Committee report was brought forward for consideration, recommending that a new Twin Pad Arena be constructed for occupancy in 2008 to coincide with the 2008 I 2009 hockey season. Councillor B. Vrbanovic stated that the motion demonstrates to the hockey and skating community the City's commitment to fulfill an identified need for new facilities at the earliest possible opportunity. Councillor J. Gazzola spoke in opposition to the motion expressing the opinion that it was unnecessary having approved Clause 1 of the Community Services Committee report and it is unknown at this time how this project will impact projects already in the Capital Forecast. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Council endorse, in principle, construction of a twin pad arena for occupancy in the Summer of 2008 to coincide with the 2008 I 2009 hockey season, based on the need demonstrated in the Leisure Facilities Master Plan and the Ice Demand Study; and, That staff be directed to advance funding for this project in the Capital Forecast to coincide with the above target, beginning with the allocation in 2006 of the consultant fees required to begin the project; and, That staff be directed to refer consideration of construction of the second twin pad arena referenced in the Galloway report to the 2006 capital budget for inclusion in 2011-13; and, COUNCIL MINUTES JUNE 20,2005 - 186 - CITY OF KITCHENER That the Twin Pad Steering Committee proceed with project development as outlined in Schedule 'A' of Corporate Services Department report CRPS-05-112 (G. Sosnoski) with participation by Kitchener Minor Hockey and other stakeholders, and public consultation; and, That an Arena Solutions Team be struck to develop a short and long term strategic approach to addressing arena issues and stakeholder needs with a report on recommended composition and terms of reference to be presented at the June 27, 2005 Community Services Committee meeting, with initial issues to be addressed by the Committee to include, but not be limited to: parking issues at McLaren Arena; dressing room improvements at Lions Arena; and equipment storage and office space needs for KMHA until 2008; and that a report on possible solutions to these issues, be brought forward for consideration by Council no later than November 30, 2005 for inclusion in the 2006 capital budget where appropriate; and further, That upon the opening of the new Twin Ice Pad in 2008, the name of the Patrick J. Doherty Arena be transferred to all or part of the new facility." Carried. With regard to Clause 4 of the Community Services Committee report concerning approval of a Tree Pest By-law, Councillor J. Gazzola advised that he disagreed with the need for a by-law as the Federal Government has jurisdiction in regard to tree pest management. Councillor G. Lorentz spoke in favour of the by-law as it provides staff with authority to undertake initial investigation of potential infestations on private property which can serve to prevent widespread infestations. Councillor J. Gazzola also spoke in opposition to Clause 8 of the report concerning an 'Animals in City Facilities' policy, stating that it was unnecessary to invoke a policy for something that has not been a concern. The Community Services Committee report was then voted on Clause by Clause. Clause 1 - Carried, as Amended. Clauses 4 & 8 - Carried. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Council was in receipt this date of Corporate Services Department report CRPS-05-111 (J. Sheryer) relative to Clause 3 of the report dealing with a liquor licence application for the premises at 151 King Street West, recommending that Condition 6 be amended to provide that the ratio of alcohol sales to gross refreshment sales be limited to 40% to reflect a restaurant use and a new condition be added to provide that the premises be operated as a restaurant rather than a bar. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 3 of the Finance and Corporate Services Committee report of this date be amended as outlined in the staff recommendation in report CPRS-05-111 (J. Sheryer)." Carried. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 3 - Carried, as Amended. Clause 4 - Dealt with under Delegations and Carried. Balance of report - Carried. COUNCIL MINUTES JUNE 20,2005 - 187 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." At the request of Councillor J. Smola, it was agreed to defer and refer Clause 1 of the report, dealing with Notice of Intention to Designate 318 Duke Street West as having cultural heritage value or interest, to the July 4, 2005 Council meeting to allow the proponent an opportunity to fulfill conditions of a related zone change application. The Heritage Kitchener report was then voted on Clause by Clause. Clause 1 - Deferred and referred to the July 4, 2005 Council meeting to allow the proponent an opportunity to fulfill conditions of a related zone change application. Clause 8 - Dealt with under Delegations and deferred and referred to the July 4, 2005 Council meeting to allow further discussion among all interested parties. Balance of report - Carried. Pecuniary Interests and Abstentions: Clause 8 - Mayor C. Zehr as he owns property in the vicinity of 381 Pioneer Tower Road. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the report of the Safe & Healthy Community Advisory Committee be adopted." Carried. Councillor G. Lorentz advised that in 2004 he had requested that staff pursue an audit of municipal walkways through the Safe & Healthy Community Advisory Committee, relative to resident concerns related to vandalism and safety issues. He pointed out that this initiative has not yet been commenced. He added that he has received several complaints this year in the areas of Forest Hill and Forest Heights and asked that staff be directed to undertake this initiative. Mayor C. Zehr suggested that the Corporate Management Team report back with a strategy to commence the initiative. Councillor B. Vrbanovic suggested that the Safe & Healthy Community Advisory Committee would be willing to undertake this initiative and it may also be appropriate to involve Waterloo Regional Police relative to their community mobilization program. Councillor M. Galloway referred to the recent announcement made by the Federal Government regarding the release of Federal Gas Tax funding to Ontario municipalities. He suggested that staff be directed to report at the earliest opportunity as to a strategy for allocation of that portion of funds to be received by the City. Mayor C. Zehr noted that $1.3 M of the expected $1.8 M has already been allocated in the Capital Forecast, with the balance included on a projected basis for consideration as part of the 2006 budget process. Ms. P. Houston added that the City will receive more than expected over the five years of the program; however, more will be received in the first year than in subsequent years. She advised that the 1 O-year Capital Forecast will have to be reviewed and may require some funding reallocations. Councillor M. Galloway suggested that the projects allocated within the Capital Forecast to receive Federal Gas Tax funding be broken out and reviewed prior to the 2006 budget. Ms. P. Houston suggested that a preliminary list could be provided for the next Finance and Corporate Services Committee meeting; however, she advised that it was necessary to deal with funding allocations as part of the Capital Forecast rather than on a piecemeal basis. Councillor J. Gazzola expressed the opinion that the proposed timing was too soon for enough information to be provided to undertake a complete review and suggested that the matter be pursued in the Fall. At the request of Councillor M. COUNCIL MINUTES JUNE 20,2005 - 188 - CITY OF KITCHENER Galloway, Ms. Houston agreed to provide an information report at the June 27, 2005 Finance and Corporate Services Committee meeting, outlining a list of projects and their funding allocations within the Capital Forecast. At the request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, Council agreed to add four additional by-laws for three readings this date, as follows: two zoning amending by-laws relative to Clauses 3 & 9 of the Development & Technical Services Committee report regarding Zone Change Application ZC 05/05/N/JB (Leeman - 109 North Hill Place) and Plan of Subdivision 30T -00201 and Zone Change Application ZC 04/029/W/BS (TL V Developments Inc. - 173 Woolner Drive), respectively; an amendment to Chapter 710 (Building - Permits and Fees) of the Municipal Code relative to Clause 11 of the Development & Technical Services Committee report to bring the Chapter into conformity with new legislation under Bill 124; and, an amendment to Chapter 101 (Appointment - Staff - Provincial Offences Act) of the Municipal Code for purposes of housekeeping revisions and changes related to Bill 124. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: ( a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to provide for the establishing and laying out of Pioneer Tower Crescent as a public highway in the City of Kitchener. (e) Being a by-law to reduce a road widening along a portion of Duke Street between Eby Street and Cedar Street in the City of Kitchener. (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (g) Being a by-law to exempt certain lots from Part Lot Control - Block 170, Registered Plan 58M-331 - Colton Circle. (h) Being a by-law to exempt certain lots from Part Lot Control - Block 2, Registered Plan 58M-87 - Pioneer Tower Crescent. (i) Being a by-law to exempt certain lots from Part Lot Control - Part Block 4, Registered Plan 58M-340 - Red Clover Court. (j) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 4, Lots 11 to 14 and Lots 32 to 46, Registered Plan 58M-328 - Fallowfield Drive and Fallview Court. (k) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 43 and Lots 53 to 92, Registered Plan 58M-327 - Fallowfield Drive, Britton Court, Joshua Street, Brisbane Court, Brisbane Drive. (I) To confirm all actions and proceedings of the Council. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - TL V Developments Inc. - Woolner Drive. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Leanne and Gerald Leeman - North Hill Place. COUNCIL MINUTES JUNE 20,2005 - 189 - CITY OF KITCHENER (0) Being a by-law to repeal and replace Chapter 710 of the City of Kitchener Municipal Code with respect to Building - Permits and Fees. (p) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic 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 G. Lorentz Seconded by Councillor J. Smola "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. 2005-114) (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. 2005-115) (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. 2005-116) (d) Being a by-law to provide for the establishing and laying out of Pioneer Tower Crescent as a public highway in the City of Kitchener. (By-law No. 2005-117) (e) Being a by-law to reduce a road widening along a portion of Duke Street between Eby Street and Cedar Street in the City of Kitchener. (By-law No. 2005-118) (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2005-119) COUNCIL MINUTES JUNE 20,2005 - 190 - CITY OF KITCHENER (g) Being a by-law to exempt certain lots from Part Lot Control - Block 170, Registered Plan 58M-331 - Colton Circle. (By-law No. 2005-120) (h) Being a by-law to exempt certain lots from Part Lot Control - Block 2, Registered Plan 58M-87 - Pioneer Tower Crescent. (By-law No. 2005-121) (i) Being a by-law to exempt certain lots from Part Lot Control - Part Block 4, Registered Plan 58M-340 - Red Clover Court. (By-law No. 2005-122) (j) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 4, Lots 11 to 14 and Lots 32 to 46, Registered Plan 58M-328 - Fallowfield Drive and Fallview Court. (By-law No. 2005-123) (k) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 43 and Lots 53 to 92, Registered Plan 58M-327 - Fallowfield Drive, Britton Court, Joshua Street, Brisbane Court, Brisbane Drive. (By-law No. 2005-124) (I) To confirm all actions and proceedings of the Council. (By-law No. 2005-125) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - TL V Developments Inc. - Woolner Drive. (By-law No. 2005-126) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Leanne and Gerald Leeman - North Hill Place. (By-law No. 2005-127) (0) Being a by-law to repeal and replace Chapter 710 of the City of Kitchener Municipal Code with respect to Building - Permits and Fees. (By-law No. 2005-128) (p) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2005-129) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:40 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 20,2005 - 191 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE- 1. That the Ministry of Transportation 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 installation of fixed automated spray technology (FAST) anti-icing system in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from July 2005 to October, 2005 (25 nights within this time frame). 2. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be approved to permit the night-time Trenchless sewer rehabilitation and sewer flushing work required on Victoria Street North between Edna Street and Expressway Bridge, between the hours of 7:00pm and 7:00am from June 6,2005 to July 1,2005. 3. That Zone Change Application ZC05/05/N/JB for the purpose of changing the zoning from Residential Three (R-3) to Residential Three (R-3) with temporary use provision 10T on lands legally described as Part Lot 54, German Company Tract in the City of Kitchener be approved in the form shown in the Proposed By-law, dated June 1, 2005, attached to Development and Technical Services Department report DTS-05-076, subject to the following conditions being satisfied prior to any reading of the by-law by Council: (a) That the owner enter into an agreement with the City of Kitchener under Section 207.2 of the Municipal Act in respect of the proposed garden suite, which shall generally provide for the following: . The naming of the occupant(s) of the garden suite; . The installation, servicing, maintenance and insurance of the garden suite; . The removal or conversion of the garden suite after the 10 year period unless the term is extended under the provisions of the Planning Act; . The removal of the garden suite if the owners named in the Agreement no longer reside on the property; . Warning clauses regarding potential disturbance due to noise and light emanating from the nearby ski facility; . Locating the garden suite in accordance with the regulations of the zoning by- law, as reflected in the plan to be attached to the agreement. (b) The Owner acknowledges that Condition 1 is required to be satisfied no later than 7 months from the day of Council having approved by resolution Zone Change Application 05/05/N/JB. In the event this requirement is not fulfilled within the 7 month period, Council shall consider rescinding its Zone Change approval. (Dealt with under Delegations and Carried, Unanimously) 4. That further consideration and discussion on the request of Mr. R Milligan, with respect to the realignment or closure of Plains Road be deferred and referred to a future meeting of the Development and Technical Services Committee meeting, to allow further discussion with the proponent. (As Amended) 5. That Council Policy 1-1095 be revised by deleting sub-clause (d) of Clause 10 (Public Participation in the City's Site Plan Approval Process) and replacing it with the following, which shall also apply to redevelopment projects: "10. (d) That notice of Site Plan Applications be given, for information purposes only, to all property owners within 60 metres of an institutionally zoned property provided, however, that this policy shall not apply to portables or portapacks to be used as classrooms on school sites."; and further, That consideration of sub-clauses 10.(a), (b), and (c) of the June 13, 2005 Development & Technical Services Committee recommendation be deferred and referred to the September 12, 2005 Development & Technical Services Committee meeting to allow further discussion among all interested parties. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES JUNE 20,2005 - 192 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. That no action be taken on Zone Change Application ZC 98/12/W/GR at this time, pending receipt of a decision from the applicant as to whether they wish to withdraw this application. 7. That Development and Technical Services Department report DTS-05-100 and the Information Package attached thereto titled: "City of Kitchener, Traffic Calming-Onward Avenue Reconstruction... Information Package" be received as information; and, That the Preferred Design Concept, identified by the Project Team as Preferred Design Concept 2A: Speed Humps, as presented at the Public Information Centre held May 19, 2005, be selected as the Recommended Design Concept; and, That the documentation of the planning process be placed on file and a Notice of Completion be issued to review agencies and the public, permitting a 30 calendar day period for review and comment in accordance with the Municipal Class Environmental Assessment Schedule "B" and as outlined with the Municipal Engineers' Association document entitled Municipal Class Environmental Assessment, June 2000; and further, That the Project Team proceed with the implementation of the Recommended Design Concept 2A: Speed Humps, as part of Onward Avenue Reconstruction if no person or party with outstanding concerns submits a Part II Order to the Minister of the Environment within the 30 calendar day review period. (Deferred and referred to the July 4, 2005 Council meeting to allow further discussion among staff relative to issues raised by the Fire Department.) 8. That Council Policy 1-995, Commercial Parking Lots - Criteria, be rescinded and replaced with the revised policy attached to Development and Technical Services Department report DTS- 05-053. 9. That the recommendation contained in Development and Technical Services Department report DTS-05-085, dated May 20, 2005, regarding Plan of Subdivision 30T -00201 and Zone Change Application ZC 04/29/W/BS, be approved, as amended to add the phrase "if required" at the end of Condition 18 of Clause B.2.2.2. (As Amended) 10. That Development and Technical Services Department report DTS-05-101 (Adaptive Re-use Community Improvement Plan) be tabled for information. 11. That the Draft By-law attached to Development and Technical Services Department report DTS-05-098 to repeal and replace Chapter 710 (Building - Permits and Fees) of the City of Kitchener Municipal Code in order to comply with the Building Code Statute Law Amendment Act, 2002 and Ontario Regulations 305103 and 146/05, be adopted; and further, That the Financial Services Department establish a Building Permit Stabilization Reserve Fund. 12. That the engineering services provided by MuirTec Inc. be extended to provide construction administration services for rehabilitation work on the Wilson Avenue Bridge with the fees for these services to amount to 4.5% of total construction value. COMMUNITY SERVICES COMMITTEE - 1. That the Ice Demand Study as prepared by consultant F.J. Galloway Associates Inc. be referred to the Twin Pad Steering Committee for development of a business case; and further, That the final Twin Pad Business Case and Implementation Plan be completed and presented for Council consideration no later than the November 28th Strategy Session and in advance of the 2006 budget process. (As Amended) COUNCIL MINUTES JUNE 20,2005 - 193 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. That the following motion be deferred and referred to the June 27, 2005 Community Services Committee meeting to allow for greater public input: "That staff be directed to proceed with the detailed design of the Walter Bean Grand River Trail pedestrian bridge over the Grand River at the location confirmed through the recently completed Environmental Assessment for this project; and, That staff be directed to proceed with the detailed design of the proposed trail which connects the proposed pedestrian bridge to the existing Walter Bean Grand River Trail including a Trail Management Plan as required by the Environmental Assessment; and further, That the proposed bridge and trail design be presented to the Community Services Committee at a future meeting for review and consideration." 3. That the absence of 24 I 7 access to public washroom facilities be investigated to determine the degree of public health and discomfort issues it has caused, and how this situation compares to those of other municipalities of a similar size, to determine how it might be addressed in the future from a community, operational, and security perspective. 4. That the proposed Tree Pest By-law which will permit authorized City Staff to enter private property to inspect for injurious tree pests, be approved, in principle, as outlined in Community Services Department report CSD-05-072; and, That staff report back to the Corporate Management Team and Council on an annual basis regarding this issue, or sooner should a threat to Kitchener's urban forest from an injurious tree pest be identified; and further, That staff be directed to undertake a public consultation process and develop a communications package to be presented to City Council at its July 4,2005 meeting. 5. That the Mayor and Clerk be authorized to execute an Agreement, satisfactory to the City Solicitor, with the Reaching Our Outdoor Friends (R.O.O.F.) for the purposes of facilitating the "Straight Up" Youth Action project, as outlined in Community Service Department report CSD-05- 071. 6. That the Mayor and Clerk be authorized to execute an Agreement, satisfactory to the City Solicitor, with the Kitchener-Waterloo Youth Basketball Association (KWYBA) regarding the transfer of responsibility for the summer Community Basketball Camp. 7. That the Mayor and Clerk be authorized to execute a Letter of Agreement, satisfactory to the City Solicitor, with the Canadian Red Cross, to permit the City to be an authorized provider of the Red Cross First Aid and Water Safety Services programs. 8. That the draft policy, "Animals in City Facilities", as circulated at the June 13, 2005 Community Services Committee meeting, be adopted, as outlined in Community Services Department report CSD-05-068. FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That Section 1 of Council Policy 1-880 (Licence - Lottery Break Open Tickets - Additional Terms and Conditions), be amended as follows: 'Licenses and/or permission to sell Break-Open Tickets in the City of Kitchener shall be granted only to those licensees who have a physical presence in the City of Kitchener or can justify their charitable benefit to the residents of the City of Kitchener with the majority of the proceeds from the lottery remaining in the Region'; and further, COUNCIL MINUTES JUNE 20,2005 - 194 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) That Section 3 (Letter from Owner of 3rd Party Location) of Council Policy 1-880 be deleted as it is now a Provincial regulation. 2. That Ms. Shelley Gibbs be appointed to the Downtown Advisory Committee as the 'Office Owner' sector representative, for a term expiring November 30, 2006. 3. WHEREAS Van Thi Truon (the "Applicant") gave The Corporation of the City of Kitchener (the "City") notice on March 29, 2005 that she would be seeking a liquor licence for premises known municipally as 151 King Street West; and, WHEREAS the information provided by the Applicant was reviewed by the City's Liquor Licence Review Committee in consultation with members of the public; and, WHEREAS the information provided by the Applicant and the Liquor Licence Review Committee together with submissions from members of the public was considered by the City's Finance and Corporate Services Committee held on May 2, 2005; and, WHEREAS additional information was supplied by the Applicant and considered by the City's Finance and Corporate Services Committee held on June 13, 2005 and at that time the Committee had concerns namely that the Applicant and her representative did not provide complete information about the plans for the establishment, gave contradictory and inconsistent answers to the Committee's questions, showed plans for the restaurant where the majority of space in the premises was open and unaccounted for, and lacked credibility in the application; NOW THEREFORE notwithstanding Council's resolution of May 9, 2005, the Council of the City has determined and submits pursuant to section 7(4) of the Liquor Licence Act and 7.1 (1) of Regulation 719 thereunder that issuance of a liquor licence to the Applicant for the establishment to be located at 151 King Street West in Kitchener (Midnight Bar & Club I Lucky Man Restaurant I Exquisite Restaurant etc.) is not in the public interest having regard to the needs and wishes of the residents of the municipality, and accordingly, Council opposes the application and requests a hearing to be held on behalf of the residents of the municipality; and, THAT Council directs staff to request the Alcohol and Gaming Commission of Ontario (the "AGCO") to attach the conditions listed below to the Applicant's liquor licence should the AGCO issue the licence in spite of Council's opposition; and, THAT Council authorize staff to enter into an agreement with the Applicant should she be willing, wherein the Applicant agrees to abide by the following conditions as private conditions with the City and may also agree to request the conditions be added to her licence if the AGCO chooses to issue the licence in spite of Council's opposition; 1. To install a commercial kitchen facility in the establishment prior to commencing operation; 2. To have an experienced restaurant manager on site at the premises at all times during operating hours; 3. To call the premises by a name other than the "Lucky Man Restaurant" which name has been found by Council to be offensive to the public; 4. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 5. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; COUNCIL MINUTES JUNE 20,2005 - 195 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) 6. To abide to a set 40% or less monthly ratio of alcohol sales to gross refreshment sales (in other words, alcohol sales will be limited to 40% of gross refreshment sales); 7. To stop serving alcohol by 1 :00 a.m. daily; 8. To voluntarily surrender the liquor license to the AGCO should the Applicant cease to operate the establishment in the future; 9. To notify the Clerk of the City in writing of any applications to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; and further, 10. To comply with the noise by-law and the smoking by-law; and, 11. These conditions shall bind all successors, assigns and subsequent licence holders (if any); and, 12. To operate the premises primarily as a restaurant, rather than as a bar, as proposed by the applicant at the City's Finance and Corporate Services Committee meeting on June 13, 2005; and further, THAT Council requests that the AGCO acknowledge receipt of this resolution and advise staff of any hearing date. (As Amended) 4. That no action be taken on the appeal of Les Halat of the decision of the Manager of Licensing not to issue a licence to operate a Refreshment Vehicle (hot dog cart) at 1455 Strasburg Road. (Dealt with under Delegations and Carried) 5. That in compliance with Section 3 of Chapter 177 (Administration - Sale - Real Property) of the Municipal Code, Lot 196 Streets & Lanes in Kitchener (being part of Solon Avenue) closed by By-Law 5471, registered as Instrument No. 650644, Part 1 ft Reserve A, Plan 687, Part Farm Lot Plan 589 as 249123; except Part 2, 658R829 Kitchener, be declared surplus to the City's needs to create a building lot; and, That Legal Services be directed to prepare an agreement setting out conditions for development on the said lands as identified; and, That the Purchasing Division be directed to issue a sale by tender for the said lands; 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. 6. That $97,300 be allocated to the King Street Reconstruction Project (Stirling Avenue to Madison Avenue), to be taken from the Infrastructure Surplus General Provisions account. 7. That the research document entitled 'Urban Investment Strategy - Emerging Clusters: The Framework', dated June 2005, as attached to Chief Administrator's Office report CAO-05-017, be received and stand referred to the September 19, 2005 Shared Agenda meeting for further discussion. COUNCIL MINUTES JUNE 20,2005 - 196 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - 1. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 318 Duke Street West (former Fire Hall No.2) as being of cultural heritage value or interest, with the following heritage attributes: Former Fire Hall NO.2 was built in 1913 and is located at the northeast intersection of Duke Street (formerly Edward Street) and Breithaupt Street. The building features a classical style in the Italian Villa tradition and is in near original condition. The Fire Hall is Kitchener's oldest former fire hall building and was constructed to serve the needs of Berlin's industrial area and rapidly expanding residential community. Architecturally, the fire hall is rich in detailing, exemplifying characteristics common to Berlin era brick buildings including pilasters, voussoirs and corbel details. Of particular interest is the hose tower which was used to hang and dry out the hoses. The Heritage Attributes of the building include: all building elevations including original 3 storey 'l' shaped plan with 1 and 1 % storey ell side extension, 2 storey rear extension, and attached 22 metre hose tower; stone foundation; red brick facades and brick detailing including pilasters and corbelling at the foundation and below the cornice on the north elevation, brick voussoirs above window and door openings, and semi-elliptical headed arcade on the hose tower; 1913 date stone on the west elevation; all window and door openings including garage door openings; all wood windows and doors including the garage doors and the 5-panel double wood doors on the second storey of the north elevation; concrete sills; wood soffit and facia; roof and roofline including parapet walls and brick chimney; and the framed and open vertical shaft of the interior of the hose tower from ground to top floor; and, That the requests of the owner(s) of 318 Duke Street West, as outlined in their written submission of June 7, 2005, including: waving the requirements of the Region of Waterloo's noise impact study and Record of Site Condition; the City re-grading of the laneway adjacent to the north side of the property to lower the grade up to 14 inches; and, the City providing engineering and subsequent drain system connections up to the foundation wall for a basement drain, perimeter drain system and to a storm water catch basin in the parking area, be forwarded to the appropriate staff for review and consideration; and further, That if the owner(s) of 318 Duke Street West object to the Notice of Intention staff be directed to add a Heritage Conservation Easement Agreement as a condition of approval of the Zone Change Application for the subject property. (Deferred and referred to the July 4, 2005 Council meeting to allow the proponent an opportunity to fulfill conditions of an associated zone change application) 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-V-004 (22 Theresa Street) be approved to permit the work as shown on the site plan, submitted with the application, and indicated as 'SKA-1' attached in Appendix 'A' to Development and Technical Services Department report DTS-05-090; subject to the following conditions: a) That the proposed porch be re-designed so that the individual spindles forming part of the guard be positioned between the top and bottom rail, and that the pressure-treated wood should be painted a colour to compliment the existing building, as noted in the details and drawing attached as Appendix 'B' to the staff report; and further, b) That the proposed porch steps be re-designed so that they are located in the front of the porch and that the depth of the porch floor be consistent with the depth of the porches on the other residences on Theresa Street having the same architectural style, as opposed to the recessed steps, outlined in Appendix 'A' of the staff report. COUNCIL MINUTES JUNE 20,2005 - 197 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 3. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-V-005 (27 Richmond Ave) be approved to permit the construction of a second floor rear addition, as shown on the plans dated May 2, 2005 submitted in support of the application, attached as Appendix '8' to Development and Technical Services Department report DTS-05- 091; subject to the following conditions: a) That the colour of the proposed cedar shake siding be consistent with the guidelines of the Victoria Park Heritage Conservation District Plan; and further, b) That the roofing material of the proposed addition be consistent with the style of the existing roof located on the original portion of the house. 4. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-V-006 (74 Rex Drive) be approved, to permit the construction of a 1 storey rear addition, as shown on the plans submitted with this application, attached to Development and Technical Services Department report DTS-05-087. 5. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application 2005-IV- 007 (410 King Street West) be approved to permit an alteration to the window openings, concrete lintels and sills, and brick and concrete infill panels (spandrels) of the 1911 and 1925 building phases of the former Kaufman Footwear factory, subject to the reuse of salvageable brick from the existing building where possible, and that the design of the new window sills be in keeping with the design of the original sills on the building, as outlined in Development and Technical Services Department report DTS-05-094. 6. That pursuant to Section 33(5) of the Ontario Heritage Act, the time limit for consideration of Heritage Permit Application HPA 2005-V-003 (79 Joseph Street, KOR Gallery) be extended to August 30, 2005 to permit the review of other options for signage for the KOR Gallery, as requested in correspondence from Mr. L. Proulx, dated May 3, 2005. 7. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-V-008 (52 Schneider Ave) be approved to permit the work as shown on the plans submitted with the application, attached as Appendix 'A' to Development and Technical Services Department report DTS-05-093. 8. That pursuant to Section 37 of the Ontario Heritage Act, Council pass a by-law providing for the entering into of a Heritage Conservation Easement Agreement with the registered owner(s) of the property municipally know as 381 Pioneer Tower Road; and, That the Legal Services be directed to prepare the necessary by-law and Heritage Conservation Easement Agreement for the subject property; and further, That the Mayor and Clerk be authorized to execute a Heritage Conservation Easement Agreement for 381 Pioneer Tower Road, in a form satisfactory to the City Solicitor. (Dealt with under Delegations and action deferred and referred to the July 4, 2005 Council meeting to allow further discussion among all interested parties) SAFE AND HEALTHY COMMUNITY ADVISORY COMMITTEE - 1. That the Provincial Government review their procedures pertaining to the release of prisoners who have been transported from a Provincial Superjail and are subsequently released by the courts in their home community; and, That the Provincial Government immediately implement procedures to ensure prisoners released in Kitchener receive their belongings or that travel arrangements to I from the Maplehurst Correctional Facility (Milton) are provided; and further, COUNCIL MINUTES JUNE 20,2005 - 198 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL SAFE AND HEALTHY COMMUNITY ADVISORY COMMITTEE - (CONT'D) 1. (Cont'd) That this resolution be forwarded to the Association of Municipalities of Ontario, the Large Urban Mayors Caucus of Ontario, the Minister of Community Safety & Correctional Services & to the four area MPPs. 2. That $28,000. be allocated to the Kitchener Downtown Street Outreach Project from the 2005 Safe and Health Community Advisory Committee budget. COUNCIL MINUTES JUNE 20,2005 - 199 - 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. Sale of Tickets - Kitchener-ConestoQa Rotarv Club It was resolved: "That the City of Kitchener has no objection to the Kitchener-Conestoga Rotary Club, Suite 110, 53 Frederick St., Kitchener, Ontario, N2H 2M2, being granted permission to sell tickets in the City of Kitchener for their 'Dream Home Lottery' raffle on December 4, 2005." 2. Execution of EnQineerinQ AQreement - Countrv Hills East Subdivision It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Country Hills East Subdivision, Stages I and II, Draft Plan 30T-86035." 3. DOQ DesiQnation Appeal Committee Decisions It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Arthur Lamka and Anita Kolodziej, wherein the Committee hereby affirms the Prohibited Dog designation applied to 'Shadow', a dog owned by Arthur Lamka and Anita Kolodziej, be ratified and confirmed." - and - "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Bob and Drayk Horsley, wherein the Committee rescinds the Prohibited Dog designations applied to 'Terra' and 'Pettey', dogs owned by Bob and Drayk Horsley, be ratified and confirmed." - and - "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Aaron Smerek, wherein the Committee rescinds the Prohibited Dog designation applied to 'Roxy', a dog owned by Aaron Smerek, be ratified and confirmed." - and - "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Shawn Keefe, wherein the Committee hereby affirms the Prohibited Dog designation applied to 'Killer', a dog owned by Shawn Keefe, be ratified and confirmed." 4. Various Tenders Dealt with under Delegations. COUNCIL MINUTES JUNE 20,2005 - 200 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Release of Restrictive Covenants - 655 Fairwav Road Council considered Corporate Services Department report CRPS-05-107 (L. MacDonald), dated June 8, 2005. It was resolved: "That the Mayor and Clerk be authorized to execute documentation satisfactory to the City Solicitor, to release some of the restrictive covenants contained in Schedule 'A' of Instrument No. 519645, specifically, Clause 3 dealing with Yards & Area Requirements and Clause 4 dealing with Parking, for the lands composed of Part of Lot 2, Registrar's Compiled Plan 1525, designated as Parts 1, 2 & 3 on 58R-10040, being Parts 1 and 2 on 58R-834 and municipally known as 655 Fairway Road; and further, That the City Solicitor be authorized to electronically sign for completeness and release any document required to be registered on title electronically." 6. Surplus Lands I Easement - BinQemans Centre Drive Council considered Corporate Services Department report CRPS-05-11 0 (L. Proulx I F. McCrea), dated June 14, 2005. It was resolved: "That the City declare as surplus to its needs vacant land measuring approximately 4.4 metres by 3.8 metres, fronting onto Bingemans Centre Drive in Kitchener and described as Part of Lot 123, German Company Tract, being Part 2 on Reference Plan 58R- 14138; and further, That Legal Services be directed to transfer a permanent easement to Kitchener-Wilmot Hydro Inc. which is required for a guy wire that is attached to a brace pole (located on the road allowance) which is supporting a distribution pole on the opposite side of the street. " 7. Offer to Purchase - Site 9 - Grand River West Business Park - Shirlev Drive Council considered Chief Administrator's Office report CAO-05-023 (K. Weiss), dated June 14, 2005, regarding an Offer to Purchase from The Eldorado Tool & Manufacturing Company Limited. It was resolved: "That Council accept the conditional Offer to Purchase from The Eldorado Tool & Manufacturing Company Ltd. for Part 2 on Registered Reference Plan 58R-13567 being a parcel of land in the Grand River West Business Park, having an area of approximately 4.17 acres at the price of $143,884.89 per acre for a total purchase price of $600,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction." 8. Offer to Purchase - Site 6 - Grand River West Business Park - Bingeman Centre Drive Council considered Chief Administrator's Office report CAO-05-024 (K. Weiss), dated June 14, 2005, regarding an Offer to Purchase from Daniel Stiplosek. COUNCIL MINUTES JUNE 20,2005 - 201 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Offer to Purchase - Site 6 - Grand River West Business Park - Bingeman Centre Drive (Cont'dl Council also received this date an addendum report, CAO-05-025 (K. Weiss), dated June 17, 2005, amending the recommendation contained in report CAO-05-024 to allow for repurchase and conveyance of a portion of the subject property to another purchaser in order to avoid creation of a small unusable portion of land; and to affect a change in the legal description of the lands in the Offer to Purchase from D. Stiplosek. Ms. P. Bacon and Ms. C. Ladd provided clarification of the proposed lot divisions of the lands and their respective purchase price and advised that in addition to the Offer by Daniel Stiplosek to purchase part of Parts 5, 6 & 7, Registered Reference Plan 58R- 14324, an Offer to Sell has been received from Custom Leather Realty Limited for part of Parts 5 & 6, Registered Reference Plan 58R-14324 and an Offer to Purchase from MTE Properties Inc. for part of Part 7, Registered Reference Plan 58R-14324. At the request of Ms. P. Bacon, it was agreed to defer and refer the entire matter to the July 4, 2005 Council meeting to allow details of the three Offers to be finalized. It was resolved: "That the following recommendations, as contained in Chief Administrator's Office report CAO-05-024 (K. Weiss) and addendum report CAO-05-025 (K. Weiss), be deferred and referred to the July 4, 2005 Council meeting to allow details of three proposed Offers to Purchase to be finalized: 'That the conditional Offer to Purchase from Daniel Stiplosek for Part 7 on Registered Reference Plan 58R-14324 be accepted, being a parcel of land in the Grand River West Business Park, having an area of approximately 2.0 acres at the price of $125,00.00 per acre for a total purchase price of $250,000.00; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction.' - and - 'That in the event Council approves the repurchase from Custom Leather Realty Limited and the sale to MTE Properties Inc., the legal description as referenced in the recommendation contained in report CAO-05-024 (Offer to Purchase from Daniel Stiplosek - Grand River West Business Park), be changed from Part 7 on Registered Reference Plan 58R-14324 to part of Parts 5 and 6 and part of Part 7 on Registered Reference Plan 58R-14324, having an area of approximately 2.0 acres at the price of $125,000. per acre for a total purchase price of $250,000.; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction.' - and - 'That the Offer to Purchase land transferring part of Parts 5 and 6, Registered Reference Plan 58R-14324 from Custom Leather Realty Limited back to the City of Kitchener, be accepted, being a parcel of land in the Grand River West Business Park, having an area of approximately 0.6 acres at the purchase price of $110,000. per acre for a total purchase price of $66,000.; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction.' COUNCIL MINUTES JUNE 20,2005 - 202 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Offer to Purchase - Site 6 - Grand River West Business Park - Bingeman Centre Drive (Cont'd) - and - 'That the Offer to Purchase from MTE Properties Inc. for part of Part 7 on Registered Reference Plan 58R-14324, be accepted, being a parcel of land in the Grand River West Business Park, having an area of approximately 0.6 acres at the price of $125,00. per acre for a total purchase price of $75,000.; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction.'" 9. Licenses The following resolutions arose from in-camera discussion this date. It was resolved: a) Auctioneer "That the Manager of Licensing be authorized to issue an Auctioneer's License to Norm Webster as per his application dated June 10, 2005." b) Ice Cream Vehicle Driver "That the request of Mark A. Hostrawser for an Ice Cream Vehicle Driver's License, as per his application dated June 7, 2005, be denied." 10. Appointments - Economic Development Advisory Committee (EDAC) I Downtown Advisorv Committee (DAC) The Committee considered this date Corporate Services Department report CRPS-05- 116 (R. Gosse), dated June 20, 2005, regarding filling of vacancies on the EDAC and DAC Committees, resulting from several resignations, member removals and I or as yet unfilled positions. At the request of Councillor C. Weylie, it was agreed to revise the staff recommendation to provide that the advertisement to fill outstanding vacancies be placed in June, 2005. It was resolved: "That Sherryl Petricevic, representing the High Tech Sector and Don Zehr, representing the Major Retail Sector, be appointed to the Economic Development Advisory Committee for a term ending November 30, 2006; and, That Mr. Shawky Fahel and Mr. Manfred Conrad be removed from the Committee due to attendance issues; and further, That an advertisement be placed in June 2005 for qualified candidates to fill the outstanding vacancies on the Economic Development Advisory Committee and the Downtown Advisory Committee." At the request of Councillor B. Vrbanovic, Mr. G. Sosnoski agreed to include appointment to fill a vacancy on the Kitchener Public Library Board in the same advertisement, if feasible.