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HomeMy WebLinkAboutCouncil - 2005-07-04 COUNCIL MINUTES JULY 4,2005 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 Krystal Wolfe, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held June 20, 2005 and special meetings held June 20 & 27, 2005, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated June 16, 2005 from E. Witmer, MPP, Kitchener-Waterloo regarding Council's resolution supporting local municipalities providing grants and loans for community improvement programs. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. At the request of Mr. Gordon, Tender T05-023 (Supply and Deliver Rotary Gas Meters) listed as Item 7 iv) on the Committee of the Whole agenda of this date, was withdrawn as additional information has been received that may affect outcome of the tender award. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Proposal P05-020, Consultant Services - Stormwater Utility Feasibility Study - City of Kitchener and City of Waterloo, be awarded to Totten Sims Hubicki Associates, Kitchener, at their fee of $95,000., including G.ST, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E05-046, Architect Services - Addition and Alterations to the Victoria Hills Community Centre, be awarded to Snider Reichard March Architects, Waterloo at their estimated fee of $152,475., including, G.ST, 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 T05-043, Supply of Hot Mix Asphalt, be awarded to TCG Asphalt and Construction Inc., Kitchener, Warren Bitulithic Limited, Kitchener and Innovative Municipal Products Inc., Ajax, Ontario at their tendered unit prices, including G.S.T. and P.S.T." Carried. Council was in receipt this date of a memorandum (J. Will mer), and attached correspondence from MHBC Planning Limited, both dated July 4, 2005, regarding the following matters related to Draft Approved Plan of Subdivision 30T-96004 (JHS Properties Inc.): a) Clause 2 of the Heritaqe Kitchener report of this date regarding a Heritage Conservation Easement for the Schoerg Farmhouse; b) Subdivision modification requested by JHS regarding sidewalk exemptions and park frontage within Draft Plan of Subdivision 30T-96004, as outlined in J. Will mer's memorandum; c) Clause 3 of the Community Services Committee report of this date regarding the Walter Bean Grand River Trail Pedestrian Bridge Crossing of the Grand River; and, d) Property Owners' request for sidewalk exemptions across the frontages of Nos. 2 to 34 Pioneer Tower Crescent. COUNCIL MINUTES JULY 4,2005 - 207 - CITY OF KITCHENER Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting with regard to Items a), b) and d) listed above, as he owns property in the area. Councillor G. Lorentz assumed the Chair for purposes of conducting this portion of the meeting. Mr. J. Willmer advised that JHS is requesting modification to conditions of draft approval that would absolve the subdivider from paying for the first 30 m of park frontage and would provide that sidewalks not be required on the west and north sides of Joseph Schoerg Crescent nor on either side of Jacob Gingrich Drive. Staff also propose to modify the draft plan by adding a condition that would provide City control over grading, tree protection and landscaping in place of imposing a Heritage Conservation Easement (HCE) relative to the Schoerg farmhouse lands. Mr. Will mer advised that he agreed with the compromise proposed by JHS, with the exception of the request for sidewalk exemptions on Pioneer Tower Crescent. He added that a Part IV Designation applied to the Schoerg barn and floodplain has been appealed to the Ontario Municipal Board (OMB) by JHS; however, it is his understanding that once the proposed land exchange is completed bringing the barn and floodplain into public ownership, JHS intends to withdraw the appeal. Mr. Scott Snider, Turkstra Mazza Associates, Lawyers, spoke on behalf of his client Victoria Ariens, owner of 437 Pioneer Tower Road (known as the Betzner Farmhouse), regarding Clause 2 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). 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'; and a copy of Region of Waterloo Report P-05-083, dated July 5, 2005 concerning a proposed amendment to the Regional Official Policies Plan to designate lands within the Pioneer Tower Area, City of Kitchener, as a cultural heritage landscape. Mr. Snider advised that the Region of Waterloo report seeks to designate lands within the Pioneer Tower area as a cultural heritage landscape and to initiate action to support long term protection of the significant resources in the area, including the Betzner and Schoerg Farmhouses. He pointed out that the Region recognizes that the two properties are of equal cultural value and intend to ask the City to pass an interim control by-law. He stated that he could not agree with the compromise proposed by staff in lieu of a Heritage Conservation Easement (HCE) as wording of the subdivision condition was not provided and he was of the opinion that it was unlikely the alternative would provide the same long term protection as under the Heritage Act. In response to Councillor C. Weylie, Mr. J. Will mer stated that he would not recommend removal of the existing HCE applied to the Betzner farmhouse; however, he noted that in the event the Ariens' submit a future planning application, such as a land severance, they could request that a similar condition be applied in lieu of the HCE. Mr. S. Snider advised that his client was not asking for the HCE to be removed but rather prefers applying a HCE to the Schoerg Farmhouse in the interest of treating both properties on an equal footing. He added that he could not assess viability of the subdivision condition to satisfy his clients concerns without seeing the wording to be used. Mr. Paul Britton, MHBC Planning Limited, spoke on behalf of his client, JHS Properties Inc., stating that the proposed compromise represents a comprehensive solution and is supported by staff, with the exception of the requested sidewalk exemptions. He noted that an agreement was reached with 346874 Ontario Ltd. (Vista Ridge Subdivision) regarding the issue of subdivision staging and his client is agreeable to having the proposed subdivision condition regarding grading, tree protection and landscaping of the Schoerg farmhouse registered on title in perpetuity. He asked that Council consider 4 actions, including: modification to condition 6.15 to absolve his client from paying for the first 30 m of park frontaqe; re-instate condition 3.18 to allow sidewalk exemptions on the west and north side of Joseph Schoerg Crescent and both sides of Jacob Gingrich Drive; support the exemption request to be made by properties owners along Pioneer Tower Crescent; and not impose a HCE on the Schoerg farmhouse. He added that once the land exchange occurs, his client will no longer have interest in the Schoerg barn and floodplain and will not object to its Part IV Heritage Designation. At the request of Councillor B. Vrbanovic, clarification of the proposed sidewalk exemptions was provided. Councillor C. Weylie raised concerns regarding the potential for property owners to request COUNCIL MINUTES JULY 4,2005 - 208 - CITY OF KITCHENER sidewalk installation in future, should the exemption be approved. It was noted that such a request should proceed through the local improvement process whereby affected property owners would incur the cost of installation. Mr. Z. Janecki, Planning & Engineering Initiatives, spoke on behalf of his client, 346874 Ontario Limited (Vista Subdivision), and advised that he had no concerns with the proposal of staff and JHS Properties Inc. He added that his client was satisfied with negotiations regarding the subdivision staging. The following individuals, representing six of the eight property owners on Pioneer Tower Crescent affected by the requirement to install sidewalks on both sides of the street, spoke in support of their request to be exempt from sidewalk installation across the frontages of their properties: Peter Stavropoulos, Rodney Gibson, Randy Pearce, Dale Maksymyk, Philip Hilliard and Catherine Dennis. The delegations raised concerns that they had purchased their homes on the understanding that a sidewalk would not be installed and had undertaken landscaping improvements at personal expense that would be impacted by installation of the sidewalk. The delegations were of the opinion the sidewalk was unnecessary and had no concerns with safety as they contend traffic on the roadway is minimal. At the suggestion of Councillor B. Vrbanovic, Mr. P. Britton advised that his client would agree to donate to the City of Kitchener the value of the sidewalks exempted for parkland improvements within the area neighbourhood. A discussion took place with respect to an appropriate means to provide for the exchange of value for the sidewalk exemption, estimated to be approximately $84,000. Mr. Britton advised that his client was prepared to provide either a Memorandum of Understanding with a cheque attached or incorporate the arrangement within the land exchange agreement. A motion by Councillor B. Vrbanovic, seconded by Councillor J. Gazzola, was brouqht forward for consideration to grant the sidewalk exemption along the west and north sides of Pioneer Tower Crescent, the outside of Black Maple Crescent and on Black Maple Court; and to require that JHS provide a Memorandum of Understanding acknowledging that the developer agrees to provide a cheque to the City for the value of the sidewalks exempted for parkland use within the area neighbourhood. At the request of Councillor M. Galloway, the motion was amended to require that the cheque be provided by July 11, 2005. The motion of Councillor B. Vrbanovic was then voted on. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That an exemption from Council Policy 1-1120 (Sidewalks in New Subdivisions) be granted to JHS Properties Inc. such that no sidewalk is required to be constructed on the north and west sides of Pioneer Tower Crescent, on the outside of Black Maple Crescent, and on Black Maple Court in its entirety; provided that JHS Properties Inc. provides a Memorandum of Understanding acknowledging that the developer agrees to provide by cheque to the City of Kitchener by July 11, 2005 the value of the sidewalks exempted above, these funds to be used for parkland improvements or such other use as may be deemed appropriate within the JHS Subdivision for the benefit of the community." Carried. Councillor M. Galloway then brought forward Clause 2 of the Heritage Kitchener report of this date for consideration, dealing with a Heritage Conservation Easement (HCE) agreement for the Schoerg Farmhouse. Councillor Galloway expressed the opinion that a HCE agreement should be imposed to ensure preservation of the Schoerg Farmhouse lands. Mr. J. Will mer provided draft wording for the proposed subdivision condition to apply to Lot 1, Stage 3 of the subdivision plan, which provides that no grading, tree removal or landscaping alterations would be permitted without prior approval of the City and that such condition would not be released from title so as to be binding on all successors, heirs and assigns. Councillor M. Galloway's motion to adopt Clause 2 of the Heritage Kitchener report of this date was not voted on due to lack of a seconder. COUNCIL MINUTES JULY 4,2005 - 209 - CITY OF KITCHENER A motion by Councillor C. Weylie, seconded by Councillor J. Smola, was brought forward for consideration to modify the Draft Approved Plan of Subdivision 30T-96004 to add the condition outlined by Mr. Will mer above, relative to City control over grading, tree protection and landscaping on Lot 1, Stage 3 of the Plan of Subdivision. Councillor B. Vrbanovic suggested that if the subdivision condition is approved, Council should consider removing the HCE agreement from the Betzner Farmhouse. Mr. J. Will mer pointed out that there is no means by which the HCE agreement on the Betzner Farmhouse can be replaced by a similar condition to that of JHS. Councillor Vrbanovic questioned if an agreement could be entered into acknowledging a similar condition and removal of the HCE agreement. Mr. Will mer responded that he was uncertain of the legality of doing so. Councillor J. Gazzola suggested that this matter be deferred and referred to the August 22, 2005 Development & Technical Services Committee meeting to allow an opportunity for the parties involved to reach a consensus on this issue. Councillor M. Galloway commented that the matter would be more appropriately referred to Heritage Kitchener for consideration at its next meeting to be held September 6, 2005 and subsequently by Council at its September 19, 2005 meeting. A motion by Councillor B. Vrbanovic, seconded by Councillor J. Gazzola, to defer and refer action on Councillor C. Weylie's motion to the September 19, 2005 Council meeting to allow further discussion to take place with Heritage Kitchener and all other interested parties, was voted on and Lost. Councillor C. Weylie's motion was then voted on. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Draft Approved Plan of Subdivision 30T-96004, JHS Properties Inc., be modified to apply the following conditions to Lot 1, Stage 3 of the Plan as a means of protecting heritage features on the subject property: a) no grading shall be undertaken until a grading control plan has been approved by the Director of Planning in consultation with the Ward Councillor, Director of Engineering and Heritage Planner; b) no tree removal shall be undertaken without the approval of the Director of Planning in consultation with the Ward Councillor, Heritage Planner and Environmental Planner; c) no landscaping shall be altered or installed except in accordance with plans approved by the Director of Planning in consultation with the Heritage Planner and Supervisor of Special Projects & Development; and, All matters shall be installed and maintained in perpetuity in accordance with said approvals to the satisfaction of the Director of Planning; and further, This condition shall not be released from title and shall be binding on successors, heirs and assigns; and further, That the City agrees, in principle, to entertain a similar request by the owner(s) of 437 Pioneer Tower Road, also known as the Betzner Farmhouse (Victoria Ariens), through future submission of an appropriate planning application, this to be in place of the existing Heritage Conservation Easement." Carried. Mr. J. Will mer then provided clarification of the request to absolve the subdivider from paying the first 30 m of park frontage and the requested sidewalk exemptions for Joseph Schoerg Crescent and Jacob Gingrich Drive. Mr. Willmer advised that the exemption for park frontage will cost the City approximately $35,000. to $40,000. Councillor Galloway expressed the opinion that even though the developer has agreed to provide the value of the sidewalk exemption for Pioneer Tower Crescent, when the park frontage exemption is taken into consideration, the resulting compensation to the City is insufficient given the expenses already incurred by the City to purchase the barn materials. COUNCIL MINUTES JULY 4,2005 - 210 - CITY OF KITCHENER A motion by Councillor M. Galloway was brought forward for consideration to deny the request of JHS Properties Inc. to modify condition 6.15 of the Draft Approved Plan of Subdivision 30T-96004 to absolve the subdivider from paying for the first 30 m of park frontage. The motion was not voted on due to lack of a seconder. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That condition 6.15 of Draft Approved Plan of Subdivision 30T-96004, JHS Properties Inc., be modified to delete the phrase 'after the first 30 metres of frontage'; and further, That Draft Approved Plan of Subdivision 30T-96004, JHS Properties Inc., be modified to re- instate condition 3.18 to read as follows: 'The requirement to provide sidewalk on both sides of all streets shall not apply to the west and north sides of Joseph Schoerg Crescent or to both sides of Jacob Gingrich Drive.'" Carried. Mayor C. Zehr previously disclosed a pecuniary interest and abstained from all voting and discussion reQardinQ all matters outlined above relative to the JHS Properties Inc. Subdivision and related matters as he owns property in the area. Mayor C. Zehr then assumed the Chair. Ms. Sandra Mitchell attended in support of Clause 6 of the Committee of the Whole agenda of this date relative to the decision of the Dog Designation Appeal Committee to rescind the designation of Prohibited Dog applied to her dog, 'Lily'. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Sandra Mitchell, wherein the Committee rescinds the designation of Prohibited Dog applied to 'Lily', a dog owned by Sandra Mitchell, be ratified and confirmed." - and - "That the decision of the Dog Designation Appeal Committee regarding a request for extension to remove a Prohibited Dog, filed by Victoria Ilich, wherein the Committee allows Victoria lIich until Seotember 19 2005 to remove her dog 'Simcoe' fro m the City of Kitchener, be ratified and confirmed." Carried Unanimously. The following individuals spoke in opposition to Clause 3 of the Community Services Committee report of this date, regarding the Walter Bean Grand River Trail pedestrian bridge over the Grand River: Lori Schulz, John Parfect, Mike McElhone, Mary Cunningham and Bob Cole. The delegations raised concerns with regard to the public process, environmental impact and lack of consideration given to their neighbourhood report, proposing an alternative location identified as Option 5 (Huron Road), for the bridge crossing. The delegation requested that this matter be deferred and direction given to staff to undertake review of their report (Option 5). Further, they requested that area residents be permitted to participate in the review to provide their input. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, Clause 3 of the Community Services Committee report of this date was brought forward for consideration, recommending that staff be directed to proceed with detailed design of the Walter Bean Grand River Trail pedestrian bridge crossing of the Grand River at the location confirmed by the completed Environmental Assessment (MOE-EA File No. EA-03-03-03). Councillor J. Gazzola raised concerns that in reviewing past minutes of Council he could not find any reference to Council having considered any of the alternatives and no decision appears to have been made by Council with regard to a preferred option. He suggested that this matter should be deferred COUNCIL MINUTES JULY 4,2005 - 211 - CITY OF KITCHENER to the August 22, 2005 Community Services Committee meeting to allow an opportunity to review all alternatives. Councillor G. Lorentz and Mayor C. Zehr commented that review of alternatives and the decision of a preferred location is purposefully completed at arms length from Council, through the Environmental Assessment (EA) process so as not to prejudice the result. Messrs. K. Currier and H. Gross added that all alternatives, including Option 5 (Huron Road), were reviewed as part of the EA process with the end result identifying the preferred location as recommended this date. Councillor J. Gazzola stated his desire to have dialogue with the community and suggested that it would not unduly delay the process. Councillor Lorentz and Mayor Zehr agreed with the request for deferral; however, Mayor Zehr stressed that the purpose of deferral would not be to open up the EA process but rather would allow staff and the Ward Councillor to meet with residents to obtain their input; review the alternatives, including the neighbourhood report detailing Option 5; and bring back their findings in the form of a staff report. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 3 of the Community Services Committee report of this date, dealing with the Walter Bean Grand River Trail pedestrian bridge crossing of the Grand River, be deferred and referred to the August 22, 2005 Community Services Committee meeting, to allow further dialogue with area residents regarding the proposed location of the pedestrian bridge." Carried. Councillor C. Weylie requested that Council consider the recommendation of Mr. J. Will mer, outlined in his memorandum of July 4, 2005, regarding access to the Walter Bean Grand River Trail pedestrian bridge construction site over lands owned by JHS Properties Inc. She suggested that the recommendation be adopted on the basis that in the event the preferred location, as recommended this date, is approved, Council take action to acquire an easement for construction access and for trail use across the JHS floodplain lands. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That in the event direction is given to proceed with detailed design of the Walter Bean Grand River Trail pedestrian bridge over the Grand River at the location confirmed through the completed Environmental Assessment (MOE-EA File No. EA-03-03-03), the City acquire an easement for construction access and for trail use across JHS floodplain lands through an undertaking to be provided by JHS relative to the proposed land exchange to bring the Schoerg barn and floodplain lands into public ownership." Carried Unanimously. Mr. and Mrs. Brian Bee spoke in opposition to Clause 1 of the Heritage Kitchener report of this date, regarding a Notice of Intention to designate their property at 318 Duke Street West (former Fire Hall No.2). Mr. Bee circulated this date a written submission, dated July 4, 2005, requesting that Council vote against the designation and any subsequent attempt to obtain a Heritage Conservation Easement; or, alternatively, amend the designation to exclude the following: the garage doors; the interior of the tower or any other interior space; and adding windows to a windowless bedroom. He pointed out that the garage doors are not original to the building and are not suitable as a pedestrian access. He asked that they be given flexibility to design an access compatible to the building that will allow them to operate a viable business, together with a functional living space. On motion by Councillor M. Galloway, seconded by Councillor C. Weylie, Clause 1 of the Heritage Kitchener report of this date was brought forward for consideration, dealing with the Notice of Intention to designate the property at 318 Duke Street West (former Fire Hall No.2). Mr. Leon Bensason, Heritage Planner, advised that the interior of the building includes an open shaft used as a hose tower and is a significant feature relating to the original use of the building as a firehall. In response to Mayor C. Zehr, Mr. Bee advised that he did not intend to remove the tower but wished to make some changes to allow the space to be used and proposed to install architectural glass to preserve the open feature of the shaft. Mr. Bensason added that he had no concerns with COUNCIL MINUTES JULY 4,2005 - 212 - CITY OF KITCHENER the majority of alterations proposed by the delegation, including the addition of windows in the upper storey, indicating that these issues could be addressed through the Heritage Alteration Permit process. Councillor J. Smola advised that he had been working with the delegation and area residents to have the property rezoned to permit the proposed business / living space use. He noted that the property has been used as an auto body repair business and in this regard, a number of complaints regarding property standards issues have been dealt with by By-law Enforcement staff. He stated that the proposed rezoning of the property will allow a use that is compatible with the neighbourhood and noted that the Region of Waterloo has agreed to waive their requirement for a noise study and Record of Site Condition for the existing building, with such conditions to apply only in the event that a future addition is made to the building. He asked that in the event the designation is approved, that Council accede to the requests made by the delegation to amend the designation; or alternatively, refer the matter back to Heritage Kitchener for consideration. Councillor M. Galloway expressed the opinion that it was unnecessary to refer the matter back to Heritage Kitchener. He stated that the intent of the designation is to preserve an historical structure and its significant features. It was his opinion that Heritage Kitchener would not agree to exclude the garage doors; however, he agreed to incorporate the request to exclude the interior space and addition of windows into the motion as a friendly amendment. A motion by Councillor G. Lorentz, seconded by Councillor J. Smola, was brought forward for consideration to amend Councillor Galloway's motion to grant the request to exclude the garage doors from the designation of 318 Duke Street West. Councillor M. Galloway objected to removal of the garage doors as they represent a significant feature related to the original use of the historical structure. Councillor G. Lorentz spoke in favour of removing the garage doors as they are not original to the historical structure. Councillor G. Lorentz's motion to amend Clause 1 of the Heritage Kitchener report of this date was then voted on. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 1 of the Heritage Kitchener report of this date be amended to exclude the garage doors from the Notice of Intention to Designate the property at 318 Duke Street West (former Fire Hall No.2), as requested by the owner(s) in their written submission dated July 4, 2005." Carried. Councillor M. Galloway's original motion, as amended, to adopt Clause 1 of the Heritage Kitchener report was then considered. Council was generally sympathetic to the owners' plans for adaptive re- use which could include changes to the interior space and adding windows to a windowless bedroom. Councillor M. Galloway disagreed with further eroding of an historical structure and expressed the opinion that Heritage Kitchener's recommendations should not be compromised. He advised that he wished to withdraw the exclusion of the interior space and addition of windows from his motion; however, upon questioning by Mayor C. Zehr, he agreed to let the motion stand with the two items included. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That Clause 1 of the Heritage Kitchener report of this date be further amended to exclude the interior of the 22 metre hose tower and any other interior space from the Notice of Intention to designate 318 Duke Street West (former Fire Hall No.2), and to acknowledge the owners' intention to add new windows to a windowless bedroom at a future date, as requested by the owner(s) in their written submission dated July 4, 2005; and further, That Clause 1 of the Heritage Kitchener report of this date be adopted, as amended." Carried Unanimously. COUNCIL MINUTES JULY 4,2005 - 213 - CITY OF KITCHENER Mr. Ian Rawlings, CCL / IBI Group requested that no action be taken on Clause 17 of the Development & Technical Services Committee report of this date, dealing with file closure of Zone Change ZC 98/12/W/GR and Subdivision Application 30T-98204 (Lotco Ltd.). He explained that his client had requested that the files be closed on the basis that an Offer to Purchase had been accepted for the property; however, the sale has since fallen through. He asked that time be given to allow further discussion with staff regarding an alternative approach for the property. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 17 of the Development & Technical Services Committee report of this date be deferred and referred to the August 22, 2005 Development & Technical Services Committee meeting to allow further discussion with the proponent." Carried. Mr. Lorne Kuepfer, The Caribbean Kitchen, spoke on behalf of restaurant owners operating at the Kitchener Market, relative to Clause 2 of the Community Services Committee report of this date, regarding an Interim Market Report. He advised that they are pleased with the present management of the Market and believe it should remain as is. Ms. C. Ladd provided clarification of additional information provided in a staff e-mail to Council regarding staffing of the Market. Ms. Ladd advised that staff wish to proceed with hiring of a full time Market manager as an attempt to hire on a contract basis was unsuccessful. She noted that there is risk in doing so should Council choose to proceed with a private sector management model, in that, the private sector may opt not to retain existing management. She added that if a private sector management model is to be pursued, it is recommended that a Request for Proposals be undertaken to determine if there are interested parties. She asked that Council consider the ultimate purpose of the Market before considering a management model, noting that if tendency is toward a community based Market, then a private sector management model is not likely to be effective. In response to Councillor B. Vrbanovic, Ms. Ladd gave assurance that if approval is given to proceed to hire a full time manager, additional research will be undertaken with the assistance of the new Manager, to encompass the views of suburban areas in addition to the downtown area. At the request of Councillor J. Gazzola, Ms. Ladd agreed to consider options to ensure the Market is fully managed during the interim period of the hiring process. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Clause 2 of the Community Services Committee report of this date be amended by replacing the deferral recommendation with the staff recommendation contained in Community Services Department report CSD-05-087 (Interim Market Report)." Carried Unanimously. Mayor C. Zehr advised that a number of residents were in attendance in support of Clause 1 of the Community Services Committee this date, regarding CulturePlan II. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 1 of the Community Services Committee report of this date be adopted." Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee (meeting of June 13, 2005) be adopted." COUNCIL MINUTES JULY 4,2005 - 214 - CITY OF KITCHENER Fire Chief Browning advised that staff had met to discuss issues of concern relative to traffic calming measures and the impact they have on emergency response times. He stated that as installation of such devices increase it is becoming more difficult to maintain the standards set for response times and it is intended to continue discussions to understand their impact and how to better design for traffic related issues. The Development and Technical Services Committee report (meeting of June 13, 2005) was then voted on and Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee (meeting of June 27, 2005) be adopted." With regard to Clause 2 of the report, dealing with Zone Change Application ZC 05/08/KITB, Councillor C. Weylie advised that the Regional clearance letter has not yet been received. Accordingly, the associated Zoning Amending By-law cannot be added to the list of by-laws for adoption this date. With regard to Clause 9 of the report, regarding a by-law to designate a Community Improvement Project Area for the purpose of an Adaptive Reuse Community Improvement Plan, Mr. J. Will mer provided clarification as to the calculation used by the City of Guelph to determine the lump sum payment of the incentive value. He circulated this date a memorandum (C. Bluhm), dated July 4, 2005, which advises that a 'net present value' was calculated, factoring in inflation and interest rates, to arrive at the lump sum payment. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 21 of the Development and Technical Services Committee report was brought forward for consideration, recommending approval of the Mixed Use Corridor Brief, dated June 21, 2005 and direction to staff to investigate and report on various related matters. Mr. J. Will mer circulated this date a copy of a document entitled "Appendix 'C': Public Realm Implementation Strategy". He requested that staff report DTS-05-078 be amended to include Appendix 'c' as circulated this date. A motion by Councillor J. Gazzola to defer and refer Clause 21 of the Development and Technical Services Committee report was not voted on due to lack of a seconder. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend Clause 21 of the Development and Technical Services Committee report by deleting the opening deferral statement and adding to the remaining recommendation provision for staff report DTS-05-078 to be amended by including "Appendix C: Public Realm Implementation Strategy" as an attachment to the staff report. The Development and Technical Services Committee report (meeting of June 27, 2005) was then voted on clause by clause. Clauses 2 & 9 - Carried. Clause 17 - Dealt with under Delegations and Action Deferred and Referred to the August 22, 2005 Development and Technical Services Committee meeting to allow further discussion with the proponent. Clause 21 - Carried, As Amended. Balance of report - Carried. COUNCIL MINUTES JULY 4,2005 - 215 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." At the request of Councillor G. Lorentz, it was agreed to amend Clause 6 of the report, regarding establishment of an "Arena Solutions Team", by replacing Councillor B. Vrbanovic with Councillor G. Lorentz as Council's representative on the Team. The report of the Community Services Committee was then voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried Unanimously. Clause 2 - Dealt with under Delegations and Carried Unanimously, As Amended. Clause 3 - Dealt with under Delegations and Action Deferred and Referred to the August 22, 2005 Community Services Committee meeting to allow further dialogue with area residents regarding the proposed location of the pedestrian bridge. Clause 6 - Carried, As Amended. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee (meeting of June 27, 2005) be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee (meeting of July 4, 2005) be adopted." Carried. 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 Unanimously, As Amended. Clause 2 - Motion not voted on due to lack of a Seconder. Recorded Pecuniarv Interest and Abstention: Clause 2 - Mayor C. Zehr as he owns property in the area. COUNCIL MINUTES JULY 4,2005 - 216 - CITY OF KITCHENER Council was in receipt of Community Services Committee report CSD-05-088 (K. Currier), dated June 27, 2005 regarding a by-law to regulate Tree Pests, listed as Unfinished Business, Item 6 (a), on the Council agenda this date. At its meeting of June 20, 2005, Council agreed, in principle, to adopt the proposed Tree Pest By-law and requested that a communications package be presented to Council this date. The staff report provided clarification of issues raised by Council and an attached communications package, dated June 27, 2005. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That a Tree Pest By-law, as prepared by staff, be approved, to permit authorized City staff to enter private property to inspect for injurious tree pests; and further, That staff report back to the Corporate Management Team and Council on a yearly basis regarding this issue, or sooner should a threat to Kitchener's urban forest from an injurious tree pest be identified." Carried. Council was in receipt of Development and Technical Services Department report DTS-05-126 (J. Willmer), dated June 29, 2005 regarding Zone Change Application ZC 04/29/W/BS (TLV Developments Inc., 173 Woolner Drive), listed as Unfinished Business, Item 6 (b) on the Council agenda this date. At its meeting of June 20, 2005 Council adopted By-law 2005-126, being a by-law to amend Zoning By-law 85-1, to effect a rezoning approval relative to the TL V zone change application. Subsequently, staff found an error in the map attached to the by-law and accordingly, a revised by-law is required. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That By-law No.2005-126, being a by-law to amend Zoning By-law 85-1, as adopted June 20, 2005, be repealed; and further, That a revised by-law with respect to Zone Change Application ZC 04/29/W/BS (TL V Developments Inc., 173 Woolner Drive), be approved in the form shown as the Proposed By- law attached to Development and Technical Services Department report DTS-05-126, dated June 29, 2005, without conditions." Carried. Councillor G. Lorentz requested an update on the status of negotiations with the Township of Woolwich regarding servicing of industrial lands in North Breslau. Ms. C. Ladd advised that staff are actively meeting with a private landowner, the Region and the Township to determine the best way to move forward. Ms. Ladd advised that the Region has elevated this issue to priority status and appointed a dedicated staff resource. She added that a meeting is planned for later this week and staff will then be in a better position to provide updated information. Mayor C. Zehr referred to Regional report CR-FM-05-011 (Accommodation Plan for the Regional Administration Building at 150 Frederick Street), considered by Regional Council on June 22, 2005. He advised that the Region has approved a pilot project which introduces a new method of providing space for staffing based on environmentally sustainable design and construction practices. He asked that staff investigate to determine if the project has relevant application to the City of Kitchener. Ms. C. Ladd advised that staff are aware of the project and are already looking at it in terms of developing the new main Library facility. Council agreed to a request of G. Sosnoski, General Manager of Corporate Services and City Clerk, to add 12 by-laws for three readings this date. The by-laws relate to Clauses 1, 3, 6, 7, 8 and 9 of the Development and Technical Services Committee report of this date regarding various planning applications; and, Unfinished Business Items 6 (a) and (b) as listed on the Council agenda of this date. COUNCIL MINUTES JULY 4,2005 - 217 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "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 exempt certain lots from Part Lot Control - Block 31, Registered Plan 58M-286 - Isabella Street and Max Becker Drive. (e) Being a by-law to exempt certain lots from Part Lot Control - Block 169, Registered Plan 58M-331 - Colton Circle. (f) Being a by-law to exempt certain lots from Part Lot Control - Lots 23 and 24 and Part of Lots 18, 19, 20, 21 and 22, Registered Plan 1248 - Ralgreen Crescent. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lolita and Alex Paroski - Cherry Street. (i) Being a by-law to repeal and replace By-law No. 2002-134 of the Corporation of the City of Kitchener to implement a Designated Heritage Property Grand Program under Section 39 of the Ontario Heritage Act. (j) Being a by-law to prohibit or regulate the injuring of trees on property within the City of Kitchener. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Brick By Brick Developments Limited - Activa Avenue. (I) Being a by-law to adopt Amendment No. 60 to the Municipal Plan - 1038 Hidden Valley Road. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Peter Kruse in trust - 1038 Hidden Valley Road. (n) Being a by-law to adopt Amendment No. 59 to the Municipal Plan - City-Initiated Housekeeping Amendment. (0) Being a by-law to amend By-law 85-1, as amended, and By-law 2005-62 - City initiated zone changes. (p) Being a by-law to repeal By-law No. 2005-126. (q) 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. (r) Being a by-law to designate a Community Improvement Project Area in the City of Kitchener for the Adaptive Reuse Community Improvement Plan. (s) Being a by-law to adopt a Community Improvement Project Plan in the City of Kitchener known as the Adaptive Reuse Community Improvement Plan. COUNCIL MINUTES JULY 4,2005 - 218 - CITY OF KITCHENER and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "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 M. Galloway "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. 2005-131) (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. 2005-132) (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. 2005-133) (d) Being a by-law to exempt certain lots from Part Lot Control - Block 31, Registered Plan 58M-286 - Isabella Street and Max Becker Drive. (By-law No. 2005- 134) (e) Being a by-law to exempt certain lots from Part Lot Control - Block 169, Registered Plan 58M-331 - Colton Circle. (By-law No. 2005-135) (f) Being a by-law to exempt certain lots from Part Lot Control - Lots 23 and 24 and Part of Lots 18, 19, 20, 21 and 22, Registered Plan 1248 - Ralgreen Crescent. (By-law No. 2005-136) (g) To confirm all actions and proceedings of the Council. (By-law No. 2005-137) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lolita and Alex Paroski - Cherry Street. (By-law No. 2005-138) COUNCIL MINUTES JULY 4,2005 - 219 - CITY OF KITCHENER (i) Being a by-law to repeal and replace By-law No. 2002-134 of the Corporation of the City of Kitchener to implement a Designated Heritage Property Grand Program under Section 39 of the Ontario Heritage Act. (By-law No. 2005-139) (j) Being a by-law to prohibit or regulate the injuring of trees on property within the City of Kitchener. (By-law No. 2005-140) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Brick By Brick Developments Limited - Activa Avenue. (By-law No. 2005-141) (I) Being a by-law to adopt Amendment No. 60 to the Municipal Plan - 1038 Hidden Valley Road. (By-law No. 2005-142) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Peter Kruse in trust - 1038 Hidden Valley Road. (By-law No. 2005-143) (n) Being a by-law to adopt Amendment No. 59 to the Municipal Plan - City-Initiated Housekeeping Amendment. (By-law No. 2005-144) (0) Being a by-law to amend By-law 85-1, as amended, and By-law 2005-62 - City initiated zone changes. (By-law No. 2005-145) (p) Being a by-law to repeal By-law No. 2005-126. (By-law No. 2005-146) (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - TLV Developments Inc. - Woolner Drive. (By-law No. 2005-147) (r) Being a by-law to designate a Community Improvement Project Area in the City of Kitchener for the Adaptive Reuse Community Improvement Plan. (By-law No. 2005-148) (s) Being a by-law to adopt a Community Improvement Project Plan in the City of Kitchener known as the Adaptive Reuse Community Improvement Plan. (By-law No. 2005-149) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. JULY 4,2005 COUNCIL MINUTES - 220 - On motion, the meeting adjourned at 11 :10 p.m. CITY OF KITCHENER MAYOR CLERK COUNCIL MINUTES JULY 4,2005 - 221 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 13, 2005) - 1. That Development and Technical Services Department report DTS-05-1 00 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. DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 27, 2005)- 1. That Zone Change Application ZC 05/07/A/CB, for Brick by Brick Developments Limited, to change the zoning on the subject lands, at 192 Activa Avenue, by changing Special Use Provision 245U on lands legally described as Registered Plan 58M-209, Block 15, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated June 3, 2005, attached to Development and Technical Services Department report DTS-05-1 03. 2. That Zone Change Application ZC05/08/K/TB, proposing a change in zoning from "Warehouse District Zone (D-6), 138U, 9H" to "Warehouse District Zone (D-6), 138U, be approved, in the form shown in the "Proposed Bylaw", dated June 14, 2005, attached to Development and Technical Services Department report DTS-05-1 09, without conditions, subject to receipt of the required clearance letter from the Region of Waterloo. 3. That By-law 2002-134 be repealed and replaced with the by-law dated June 13, 2005, attached to Development and Technical Services Department report DTS-05-007, to re- establish the Designated Heritage Property Grant Program and update the program administrative procedures and operating guidelines; and further, That for the current year 2005, the deadline for receipt of Designated Heritage Property Grant applications be extended to December 31, 2005, and the deadline to complete work conditionally approved for a grant application made in 2005 be extended to October 31, 2006; and monies allocated for the Designated Heritage Property Grant Program in the year 2005 be carried forward and made available in the year 2006 for grant applications made in 2005. 4. WHEREAS triplex dwellings were originally permitted in the Secondary Plans in the Municipal Plan to promote small-scale intensification while encouraging retention and re-use of the existing building stock; and, WHEREAS the recent Built Form Review Study established areas of intensification and areas of stability, and determined that the areas of intensification have more than enough capacity to meet the intensification targets of the Regional Growth Management Strategy without any intensification in the areas of stability within the Central Neighbourhoods; and, WHEREAS recent applications at the Committee of Adjustment with respect to the conversion of single detached and duplex dwellings into triplex dwellings have caused significant concerns with residents in the Central Neighbourhoods; COUNCIL MINUTES JULY 4,2005 - 222 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 27, 2005) - (CONT'D) 4. (Cont'd) THEREFORE BE IT RESOLVED that staff be directed to meet with the residents and the Neighbourhood Associations in the Central Neighbourhoods to explore the following three options with respect to use of properties for triplexes: (a) No changes to the existing policies. (b) Prohibit new triplex dwellings in the Central Neighbourhoods. (c) Permit triplex dwellings but only where there is sufficient floor area, the property is capable of providing off-street parking in accordance with by-law requirements and where no structural alterations are required to the exterior of the building; and further, That staff report to the Development and Technical Services Committee on the preferred option and bring any necessary municipal plan amendments or zone changes to implement the preferred option for consideration. 5. That Demolition Control Application DC 05/07/M/SR requesting permission to demolish one single family dwelling located at 14 Mill Park Dr, legally described as Part Lot 13, Plan 1522, be approved, subject to the following condition: That the applicant fully satisfies Heritage Kitchener's resolution of September 2, 2003 which requests that the Grand River Conservation Authority conduct an historic review, and documentation of this property, a copy to be provided to the City of Kitchener, and that if 14 Mill Park Drive proves to be of historic significance, as determined by the City's Heritage Planner and Director of Planning, the property is to be plaqued or appropriately recognized. 6. That Zone Change Application ZC 04/12/C/DR, for Lolita and Alex Paroski, to change the zoning on the subject lands, at 41 Cherry Street, from Residential Five Zone (R-5) to Residential Five Zone (R-5), with Special Use Provision 352U and Special Regulation Provisions 429R and 430R on lands legally described as Plan 375, Pt Lot 406 and Pt Lot 407, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated May 3, 2005, attached to Development and Technical Services Department report DTS-05-074, without conditions. 7. That the recommendation contained in Development and Technical Services Department report DTS-05-108, dated June 17, 2005, regarding Draft Plan of Subdivision 30T-04201, Municipal Plan Amendment MP 05/05/H/BS and Zone Change Application ZC 04/01 /H/BS and the proposed land exchange between the City of Kitchener and Peter Kruse in trust, be approved, subject to the legal description in the "Proposed By-law" being up-dated. 8. That the recommendation contained in Development and Technical Services Department report DTS-05-118, dated June 20, 2005, regarding Municipal Plan Amendment MP 05/01/TC/TMW and Zone Change Application ZC 05/04/TC/TMW, be approved; subject to the following: (a) That the zoning of the property municipally known as 189 Dundas Avenue remain as CR-1 Commercial Residential Zone, and Map No.8 of the Proposed By-law, dated June 1, 2005, attached to Development and Technical Services Department report DTS-05- 118 be revised accordingly; and, (b) That the Official Plan designation for the property municipally known as 189 Dundas Avenue be changed to a designation that will allow the CR-1 Commercial Residential Zone. 9. That the proposed by-law dated June 9,2005, attached to Development & Technical Services Department report DTS-05-1 01, to designate a Community Improvement Project Area for the purpose of an Adaptive Reuse Community Improvement Plan, be approved; and further, COUNCIL MINUTES JULY 4,2005 - 223 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 27, 2005) - (CONT'D) 9. (Cont'd) That the proposed by-law and Schedule "A", dated June 10, 2005, attached to Development & Technical Services Department report DTS-05-1 01 , to approve an Adaptive Reuse Community Improvement Plan, be approved, subject to the following: (a) that subsection 7 of Section 4.8 Proaram Administration, be removed and replaced with the following: "Incentives under the Adaptive Reuse Community Improvement Plan may be combined with the financial incentives under any of the other Kitchener EDGE Programs, with the following exception - that a Project receiving a grant under the Adaptive Reuse Community Improvement Plan may not receive a grant under the Brownfield Remediation Community Improvement Plan. However, the City of Kitchener reserves the right to limit the amount of assistance it will provide to any particular project. In addition, the total value of the grant provided under the Adaptive Reuse Community Improvement Plan plus any other incentives under all Community Improvement Initiatives shall not exceed the value of the work done. Full disclosure of application intents under all Kitchener Assistance Programs is required by the applicant in the initial application process." 1 O. That Demolition Control Application DC 05/05/B/CB requesting permission to demolish one single detached dwelling with a commercial unit, located at 119/127 Benton Street, and one 8- unit converted dwelling, located at 125/127 Benton Street, legally described as Plan 405, Part Lot 5 and Part Lot 6, be approved; and further, That Demolition Control Application DC 05/06/B/CB requesting permission to demolish one single detached dwelling, located at 115 Benton Street, legally described as Plan 405, Part Lot 4, be approved. 11. That the City of Kitchener supports the Region of Waterloo's recommendation to rename a section of New Dundee Road to Conestoga College Boulevard. 12. That the existing intersection stop control at Mill Park Drive/Wilson Avenue and Huron Road intersection be reversed to require eastbound traffic on Wilson Avenue to stop at Huron Road while permitting traffic on Mill Park Drive and Huron Road to travel through without stopping; and further, That the Uniform Traffic By-law be amended accordingly. 13. That Development and Technical Services Department report DTS-05-114 (Information and Update on New Sign By-law) be received for information. 14. That Demolition Control Application DC 05/09/B/CB requesting permission to demolish one single detached dwelling, located at 87 Ellis Avenue, legally described as Tract German Company, Sub of Lot 4, Part Lot 24, be approved in principle, subject to the following conditions: i) That the owner obtain final Site Plan Approval; and, ii) That the owner obtains a building permit for a proposed development. Upon satisfaction of conditions (i) and (ii), the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of a new building is not substantially complete within 2 years of the date that demolition is commenced, the City Clerk may enter on the COUNCIL MINUTES JULY 4,2005 - 224 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 27, 2005) - (CONT'D) 14. (Cont'd) collector's roll, to be collected in like manner as municipal taxes, a sum of $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 15. That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of Part 9 of Lot 14, Registrar's compiled plan 1471, plan 58R-7264, known as 545 Trillium Drive, pursuant to Section 3.2.3.1.(8) of the Ontario Building Code, said agreement to permit the construction of a new industrial building with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent property, Plan 1471, Part Lots 14, 15 and 16, known as Strasburg Creek North Branch 1. 16. That Planning staff be directed to initiate the preparation of a Secondary Plan as an amendment to the City's Municipal Plan for the St. Mary's Planning Community. 17. That Zone Change Application ZC98/12/W/GR for the purpose of changing the zoning from Convenience Commercial Zone (C-1) to Residential Six Zone (R-6) and subdivision application 30T-98204 on lands legally described as Registered Plan 1689 Block 155 Plan 58R-12060 Part 1 in the City of Kitchener be closed, based on the written submission of the applicant to abandon the zone change and subdivision application as the lands have been sold. (Dealt with under Delegations and Action Deferred and Referred to the August 22, 2005 Development & Technical Services Committee meeting to allow further discussion with the proponent.) 18. That an additional $50,243.23 in fees for consultant services related to Expression of Interest E03-048, Consultant Services - Theresa Street (Victoria Street to Park Street), Henry Street (Victoria Street to Devon Street), Devon Street (Henry Street to Park Street) to account for City initiated charges of scope, extended construction duration and costs related to the discovery of contaminated soil, to be paid from the Capital Budget, be approved. 19. That the Final Report of the "Waterloo Reurbanization Market Analysis and Feasibility Study': 2005, prepared by Metropolitan Knowledge International (MKI), be received for information. 20. That Development and Technical Services Department report DTS-05-115 (Streamlining Improvements in Planning) be received for information; and, That no action be taken at this time with respect to Council's delegation of sign and fence variances to staff or the Committee of Adjustment; and further, That staff continue to investigate the delegation of heritage matters, and report to the Development and Technical Services Committee by December 2005. 21. That the Mixed Use Corridor Brief, dated June 21, 2005, attached as Appendix "G" to Development and Technical Services Department report DTS-05-078 and as amended at the July 4, 2005 Council meeting to include Appendix 'c' (Public Realm Implementation Strategy), as circulated by J. Will mer that date, be approved and incorporated in to the City's Urban Design Guidelines; and, That staff investigate and report to the Development and Technical Services Committee on the following matters: (a) the feasibility of creating a Business Improvement Area (BIA) for the Victoria Street North Corridor area; and, COUNCIL MINUTES JULY 4,2005 - 225 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Meeting of June 27, 2005) - (CONT'D) 21. (Cont'd) (b) the feasibility of creating a Business Improvement Area (BIA) for the Lancaster Corridor area; and, (c) the feasibility of a Community Improvement Plan for the Lancaster Mixed Use Corridor; and, (d) development of a park land policy for Mixed Use Corridors to be integrated into the Parks and Trails Master Plan process; and, That every effort be made to integrate the Mixed Use Corridor Design Brief Corridor Design Strategies into future City and Regional road reconstruction projects; and, That staff present a performance monitoring report to Council on the Mixed Use Corridor on a five year cycle initiating the date Council approves this recommendation; and further, That the preliminary Mixed Use Corridor Zoning provisions attached as Appendix "D" to Development and Technical Services Department report DTS-05-078 be received for information only, with the final implementation zoning to be presented to the Development and Technical Services Committee by the end of 2005. (As Amended) COMMUNITY SERVICES COMMITTEE - 1. That CulturePlan II be adopted, including the hiring of an Arts and Culture Co-ordinator; and further, That all other financial budget implications of Culture Plan II, be approved, in principle. (Dealt with under Delegations and Carried Unanimously) 2. That the Urban Marketing Collaborative (UMC) interim progress report on 'Your Kitchener Market' be tabled; and, That staff be directed to complete implementation plans to investigate the vision options as presented by UMC and to determine the best management model going forward; and, That the original Market food only vision be altered to allow for recruitment of non-food vendors; and further, That dedicated full-time Manager and support staff be recruited to complete the approved FTE staffing component for the Market. (Dealt with under Delegations and Carried Unanimously, as Amended) 3. That the Community Services Department be directed to proceed with 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 (MOE-EA File No. EA- 03-03-03) for this project; and, That Community Services staff be directed to proceed with 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, COUNCIL MINUTES JULY 4,2005 - 226 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) That the proposed bridge and trail design be presented to the Community Services Committee for consideration at a future meeting. (Dealt with under Delegations and Action Deferred and Referred to the August 22, 2005 Community Services Committee meeting to allow further dialogue with area residents regarding the proposed location of the pedestrian bridge) 4. That the request from The Urban Gallery for a general provision grant in the amount of $3,000 to cover the cost of sending a delegation from Gallery 37 in Chicago to the 9th Annual Mural Routes Symposium in Kitchener, be denied. 5. That the City of Kitchener approves Option 'A' (Meshed Enclosure with Vaulted Arch Frame and Bow Arch Detailing) for the bridge enclosure on the proposed pedestrian/cyclist bridge over Highway 401, as outlined in Regional Municipality of Waterloo report E-05-009.4 attached to Community Services Department report CSD-05-080. 6. That the terms of reference and membership of the "Arena Solutions Team" be endorsed, as outlined in Community Services Department report CSD-05-083; and further, That Councillor G. Lorentz and Councillor J. Smola, alternate, be designated as the Council representative to the Arena Solutions Team. (As Amended) FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of June 27, 2005)- 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Inte and Tracey Khan for a wedding reception at 42 Pinedale Drive on Saturday, July 30, 2005, between the hours of 6 P.M. and 10 P.M. 2. That the request of the Resurrection Neighbourhood Association to operate a barbecue at Resurrection Park on August 28, 2005 be approved, provided the necessary licence, including Health and Fire approvals, is obtained. 3. That the Holy Trinity Serbian Orthodox Church be approved to operate a special event at Holy Trinity Serbian Orthodox Church, 700 Fischer-Hallman Road, Kitchener, on July 31, 2005 from 12 noon to 10:00 p.m., provided the necessary licence, including Health and Fire approvals, is obtained; and, That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer- Hallman Road, on July 31,2005 from 12 noon to 9:00 p.m.; and further, That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity Serbian Orthodox Church for this event on July 31, 2005. 4. That the Multicultural Centre be approved to hold a Grand Opening Celebration on the green space beside 102 King Street West, on September 22,2005 from 6:30 p.m. to 9:30 p.m.; and, That the City of Kitchener has no objection to a liquor licence being issued to the Multicultural Centre for this event on September 22, 2005. 5. That Transport Canada be requested to issue a train whistle cessation order for the level grade crossing on Bingeman's Centre Drive, near the intersection of Victoria Street North and Lackner Boulevard, also known as GEXR Mileage 59.80, Guelph Subdivision. COUNCIL MINUTES JULY 4,2005 - 227 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of June 27, 2005) - (CONT'D) 6. That the Terms of Reference for the Request for Expressions of Interest for the peer review of the City's proposed Consolidated Maintenance Facility (CMF), be approved, as attached to Chief Administrator's Office report CAO-05-026. 7. That the 'Foundation to Customer Service Delivery' which includes: Customer Service Philosophy; Customer Service Standards; Signage; Enhanced Tools; Website Re- development; Telephones; and Training, as outlined in Chief Administrator's Office report CAO-05-019, dated June 21, 2005, be approved, in principle; and, That Option #1, 'Decentralized Customer Service Model', as outlined in report CAO-05-019, be approved, in principle; and, That a Customer Service Delivery Implementation Plan to provide details on the implementation, costs and budget for the 'Foundation' and 'Decentralized Customer Service Model', be developed and presented for Council's approval by December 31, 2005; and further, That the position of a Corporate Customer Service Manager be created. FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of July 4, 2005)- 1. That the Records Retention By-law 2004-155 (being a by-law to establish retention periods and disposition methods for records of the municipality) be repealed; and further, That the Records Retention By-Law attached to Corporate Services Department report CRPS- 05-108, dated June 9, 2005, be approved. 2. That the school zone enforcement program, operated within the By-law Enforcement Division, be maintained on an on-going basis, at its' current service levels, as outlined in Corporate Services Department reports CRPS-04-137 and CRPS-05-094. 3. That the development of a shared services partnership between the City of Kitchener, the City of Waterloo and the Kitchener Woodworking & Craft Club for the purposes of a Woodworking & Craft Centre at the J.G. Group of Companies located at 173 Roger Street in Waterloo, be approved, subject to approval of the arrangement by the City of Waterloo; and, That, pending project finalization, the Mayor and Clerk be authorized to enter into a three party lease agreement with the owner of the Roger Street property and the Kitchener Woodworking & Craft Club, subject to the satisfaction of the City Solicitor; and further, That the final arrangements for the lease agreement be presented for consideration at a future Finance and Corporate Services Committee meeting. 4. That a portion of Midland Park, adjacent to St. Anthony Daniel School and fronting onto Midland Drive, described as part of Block C, Registered Plan 1170, in the City of Kitchener, comprising approximately 11,707 square metres, and described as Part 10 on a draft reference plan dated August 26, 2002, be declared surplus to the City's needs; and, That the Mayor and Clerk be authorized to execute a Land Exchange/Joint Venture Agreement with the Waterloo Catholic District School Board wherein the lands above are conveyed to the School Board in exchange for lands upon which the Stanley Park Community Centre has been constructed, described as Part of Block A, Registered Plan 1152 and Part of Block D, Registered Plan 1170, comprising approximately 12,467 square metres, described as Parts 7 and 8 on a draft reference plan dated August 26, 2002, together with easements for access and parking over Parts 1, 2, 3, 4 and 5 on the draft reference plan, substantially in the form attached, on terms and conditions satisfactory to the City Solicitor; and, COUNCIL MINUTES JULY 4,2005 - 228 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of July 4, 2005) - (CONT'D) 4. (Cont'd) That the Mayor and Clerk be authorized to execute a Common Facilities Agreement with the Waterloo Catholic District School Board and the Roman Catholic Episcopal Corporation of the Diocese of Hamilton in Ontario in respect of the shared use, maintenance, repair and replacement of common facilities and services including parking, laneway, sanitary, storm and water services on an equal basis, on terms and conditions satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute a Joint Operations Agreement with the Waterloo Catholic District School Board in respect of the joint use and programming of the gym(s), other areas in the Stanley Park Community Centre, and areas within St. Daniel School, on terms and conditions satisfactory to the City Solicitor. 5. That the current practice respecting encroachment agreement requests for downtown patios, miscellaneous downtown encroachments and encroachments on to City easements as outlined in Corporate Services Department report CRPS-05-1 04, be continued; and, That all requests for legalization of existing encroachments on parkland and road allowances be reviewed by the appropriate staff and come forward to Council with a staff recommendation that takes into consideration safety; interference with public use of the land; and where applicable aesthetics of the encroachment and the culpability of the encroaching party; and further, That enforcement against existing encroachments continue to be initiated on a complaint basis. 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, excluding the garage doors; 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 excluding the framed and open vertical shaft of the interior of the hose tower from ground to top floor and any other interior space; and, COUNCIL MINUTES JULY 4,2005 - 229 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 1. (Cont'd) 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, That Council acknowledge the owner(s) intention to add new windows to a windowless bedroom at a future date; 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. (Dealt with under Delegations and Carried Unanimously, as Amended) 2. 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 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. (Motion not voted on due to lack of a Seconder) COUNCIL MINUTES JULY 4,2005 - 230 - 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-Waterloo Svmohonv Lotterv It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener-Waterloo Symphony, 101 Oueen St. N., Kitchener, Ontario, N2H 6P7, to conduct the '2005/2006 KWS Masterpiece Lottery' on March 11, 2006, in the City of Kitchener, which will also include a series of 'Early Bird' draws." 2. Encroachment Aareement - 35 Weber Street West 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 Lots 1, 2, 3, 4, 5 and 7, Plan 401 (as in PINs 22316-0030,22316-0031 and 22316-0035), municipally known as 35 Weber Street West, to legalize the existing encroachment of steps, ramps and a vent onto City property." 3. Execution of Enaineerina Aareement - Chicooee Estates 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 Meritech Engineering, regarding Chicopee Estates, Plan 30T- 00204." 4. Securitv Service Aareement - Transit Terminal It was resolved: "That the Mayor and Clerk be authorized to execute a Memorandum of Understanding (June 2005) with the Regional Municipality of Waterloo regarding the provision of security services at the Transit Terminal." 5. Tax Provisions - Municioal Act It was resolved: "That pursuant to Section 283 of the Ontario Municipal Act, RSO 2001, one-third of the remuneration paid to the elected members of Kitchener Council continue as expenses incident to the discharge of their duties as Council members." 6. Doa Desianation Aooeal Committee Decisions Dealt with under Delegations. 7. Various Tenders Dealt with under Delegations. COUNCIL MINUTES JULY 4,2005 - 231 - 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 At the June 20, 2005 Council meeting recommendations, as contained in Chief Administrator's Office report CAO-05-024 (K. Weiss) and addendum report CAO-05-025 (K. Weiss), were deferred and referred to the Council meeting this date to allow details of three proposed Offers to Purchase to be finalized. Copies of the staff reports were attached to the Committee of the Whole agenda this date for Council's consideration. At the request of Ms. P. Bacon, it was agreed to amend the staff recommendation pertaining to an Offer to Purchase from Custom Leather Realty Limited, transferring certain lands on Registered Reference Plan 58R-14324 back to the City, to change the purchase price to $100,416.66 from $110,000. per acre and the total purchase price to $60,250. from $66,000., to facilitate relocation of an existing fire hydrant. It was resolved: "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 $125,000. 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 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 19. 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 $100,416.66. per acre for a total purchase price of $60,250.; 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 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 $125,000. 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." COUNCIL MINUTES JULY 4,2005 - 232 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 9. Re-Purchase of Sites 113 and 114 - Huron Business Park Continuation - Land Severance Council considered Chief Administrator's Office report CAO-05-028 (R. Browning), dated June 28, 2005. It was resolved: "That the Mayor and Clerk be authorized to execute an offer to sell with Menya Investments Limited, Harwin Developments Ltd., and Leenan Property Management Limited, to acquire sites 113 and 114 on McBrine Place 100% of the original purchase price less a .134 strip of land, more or less (to be shown on a reference plan) for the approximate total of $138,350.; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor." 10. Joseph Street Reconstruction (Water Street to Victoria Street) - Expanded Scope of Engineering Services to Include Francis Street (Joseph Street to Charles Street) and Richmond Street (Joseoh Street to End) Council considered Development & Technical Services Department report DTS-05-120 (R. Shamess), dated June 29, 2005. It was resolved: "That the engineering services provided by MTE. Consultants Inc. and approved by Council May 17, 2004, be expanded to include the design and construction administration for the Francis Street Reconstruction, Joseph Street to Charles Street; Joseph Street Reconstruction, Water Street to north of Victoria Street South; and Richmond Street Reconstruction, Joseph Street to the end." 11. Trail Svstem Use Resolution - Citv of Kinaston Mayor C. Zehr requested consideration of a resolution of the City of Kingston regarding use of trails by the public and associated liability. It was resolved: "WHEREAS municipalities and various Trail Clubs throughout Ontario have invested substantial public funds in the development of trails; and, WHEREAS the public has made very significant use of trail systems for fitness and recreation to substantially improve their quality of life during all four (4) seasons; and, WHEREAS those using the trail systems have historically done so at their own risk; and, WHEREAS the cost to maintain and police trail systems would be so prohibitive as to require their closure if made mandatory, whether by case law or statute; and, WHEREAS various lawsuits have been filed claiming liability against municipalities and other trail owners; and, WHEREAS the cost of insurance for the use of trail systems has already proven so expensive to be prohibitive; and, WHEREAS the Ontario Government has introduced the 'Active 2010' program as part of its Ontario Trails Strategy, encouraging Ontarians to become more physically active; COUNCIL MINUTES JULY 4,2005 - 233 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 11. Trail Svstem Use Resolution - Citv of Kinaston - (Cont'd) NOW THEREFORE BE IT RESOLVED that the Council of the City of Kingston requests that the Minister of Municipal Affairs and Housing, Honourable John Gerretsen, and the Minister of Tourism and Recreation, Jim Bradley, move to amend the Occupiers Liability Act so as to clearly establish that those using trail systems are deemed to do so at their own risk, so that owners and volunteer organizations will not be held liable in any way for any damages arising from the use of trails by the public; AND FURTHER, that this resolution be circulated to Association of Municipalities of Ontario (AMO) for distribution to all municipalities in Ontario with the request that they pass similar resolutions of support." 12. Licence - Social Gamina Event - Marillac Place Council considered this date Corporate Services Department report CRPS-05-121 (J. Kalbfleisch), dated July 4, 2005. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Marillac Place to conduct a Social Gaming Event at the Knights of Columbus Hall, 110 Manitou Dr., Kitchener, on August 19, 2005." 13. Agreement - Completion of Road Works within Registered Plan 1692 (Chandos Drive) Council considered this date Development & Technical Services Department report DTS-05-127 (G. MacDuff), dated June 30, 2005. It was resolved: "That the City of Kitchener enter into an agreement with Freure Homes Limited to provide for the completion, by City forces, of certain outstanding road works within Registered Plan of Subdivision RP 1692, upon payment by Freure to the City of the sum of $182,000., on terms and conditions satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute the Agreement and any other necessary documentation, all to the satisfaction of the City Solicitor." 14. Grant of Easement - Over Block 27, Registered Plan 1741 - Hidden Valley Road (Sale to Dirksen) Council considered this date Corporate Services Department report CRPS-05-120 (F. McCrea), dated June 30, 2005. It was resolved: "That upon completion of the conveyance of Block 26, Registered Plan 1741 to the owners of Lot 15, Registered Plan 1741, the City grant an easement to the owner of Lot 15 over the City's open space lands, described as Block 27 on Registered Plan 1741 (Hidden Valley Road), for the purposes of ingress and egress to access Block 26 for maintenance purposes, at the expense of the owner of Lot 15, on terms and conditions satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to grant the said easement, all to the satisfaction of the City Solicitor." COUNCIL MINUTES JULY 4,2005 - 234 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 15. Cost Sharing Agreement - Request to Sign Partial Release on Temporary Pumping Station Lands Conveyed to the City of Kitchener - Part 1, Plan 58R- 12745 - Bleams Road Council considered this date Corporate Services Department report CRPS-05-123 (F. McCrea), dated July 4, 2005. It was resolved: "That the City provide a partial Release of the Cost Sharing Agreement registered as Instrument Number L T57055 and Instrument Number 1487793; and further, That the Mayor and Clerk be authorized to execute any required documentation on terms and conditions satisfactory to the City Solicitor." 16. Licence - Adult Entertainment Parlour Attendant The following resolution arose from in-camera discussion this date. "That Twilla Gabriel be granted an Adult Entertainment Parlour Attendant Licence." 17. Land Use Aareement - Fire Fiahters' Memorial (Civic Centre Park) Council considered this date Community Services Department report CSD-05-089 (K. Currier), dated June 29, 2005. It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with the K-W Civitan Club and / or the Kitchener Professional Fire Fighters' Association, subject to approval of the City Solicitor, for a five year lease of the parkland located in Civic Centre Park on which a Fire Fighters' Memorial and educational playground will be installed, maintained and used; and, That the lease agreement specifically provide that the City will be responsible for maintenance of the Memorial and the playground equipment; and further, That staff be directed to add the K-W Civitan Club and / or the Kitchener Professional Fire Fighters' Association, as may be appropriate, as additional insured(s) for an amount of up to $5,000,000. under the City's liability insurance program with respect to use of the Memorial and the playground equipment located in Civic Centre Park." 18. Licence - Refreshment Stand - Wilson Park (Kingsdale Neighbourhood Association) Council considered this date Corporate Services Department report CRPS-05-122 (J. Kalbfleisch), dated July 4, 2005. It was resolved: "That the Kingsdale Neighbourhood Association be granted permission to operate a refreshment stand at Wilson Park from July to September, 2005 on weekday evenings and Sunday evenings during sports events operating at these times, with the exception of the weekends of Aug 6-7 & 13-14 provided the necessary licence, including Health and Fire approvals is obtained."