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HomeMy WebLinkAboutCouncil - 2005-08-29 COUNCIL MINUTES AUGUST 29, 2005 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic. The meeting began with the singing of "0 Canada" by Michelle Duchesne, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held July 4, 2005 and special meetings held July 4 & August 22, 2005, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letters dated July 19, 2005 from J. Gerretsen, Minister of Municipal Affairs & Housing, and dated June 24, 2005 from T. Arnott, MPP, Waterloo-Wellington, 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. Mr. Gordon circulated a report this date requesting that the recommendation pertaining to Proposal P05-044 (Banking Services) be revised to correct a typographical error in the cost per year to $159,000. from $206,000. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That Tender T05-056, Cast Iron Gate Valves, be awarded to Underground Specialties, Cambridge, Ontario at their tendered price of $50,478.20, including G.S.T. and P.S.T." - and - "That Proposal P05-044, Banking Services, be awarded to Canadian Imperial Bank of Commerce, London, for a five-year period at an approximate cost of $159,000. per year, with on option to negotiate an additional five-year contract; and further, That the Mayor and City Clerk be authorized to execute all required banking agreements satisfactory to the City Solicitor." Carried. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That Council ratify the Chief Administrative Officer's decision, undertaken according to policy respecting Council's summer meeting schedule, awarding Tenders / Expressions of Interest as follows: i) T05-004 - Road Reconstruction - Irvin Street (Frederick Street to Lancaster Street) Awarded to: J. Weber Contracting Limited, Breslau ON Tender price: $595,155.61, including provisional items and contingencies of $45,460. plus GST. ii) T05-023 - Supply and Deliver Rotary Gas Meters Awarded to: Dresser, DI Canada Inc., Mississauga ON Line Item: 1,3,7,8,9,10,11,12,13 & 14 Tender price: $140,504. plus PST (GST exempt) Awarded to: Canadian Meter Co., Cambridge ON Line item: 2,4,5,6 & 20 Tender price: $116,152.30 plus PST (GST exempt) iii) T05-038 - Watermain Construction - Doon Valley Drive (130m east of Old Mill Road to Doon Valley Golf Course) and Williamsburg Cemetery Awarded to: E & E Seegmiller Limited, Kitchener ON Tender price: $270,019.85 including provisional items and contingencies of $62,540. plus GST COUNCIL MINUTES AUGUST 29, 2005 - 239 - CITY OF KITCHENER iv) T05-048 - Victoria Street North Reconstruction (Waterloo Street to Margaret Avenue) Awarded to: Steed and Evans Limited, Kitchener ON Tender price: $6,932,690.29 including provisional items and contingencies of $1,563,798.10 plus GST v) T05-050 - Closed Circuit TV Inspection of Gravity Sewers Awarded to: American Water Services Underground Infrastructure Corp., Hamilton ON Tender price: $159,066.20 including a contingency of $15,000. plus GST vi) T05-053 - Duke / Ontario Streets Parking Garage - 2005 Rehabilitation Program Awarded to: Alliance Restoration Ltd., Toronto ON Tender price: $833,048.50 including a contingency of $75,000. plus GST vii) T05-061 - Road Reconstruction - Joseph Street (Victoria Street to Water Street) and Francis Street (Joseph Street to Charles Street) Awarded to: Sierra Construction (Woodstock) Limited, Woodstock ON Tender price: $2,356,021.34 including provisional items and contingencies of $182,550. plus GST viii) E05-049 - Consultant and Architectural Services - Kitchener Central Library Building Program Review & Conceptual Design Awarded to: Levitt Goodman Architects Limited, Toronto ON Estimated fee: $93,090. including GST ix) E05-058 - Prequalification of General Contractors for Construction of a Community Centre at 222 Chandler Drive, Kitchener Prequalified List to be issued tender packages: · CRD Construction Ltd., Guelph ON · Dakon Construction Ltd., Waterloo ON · Maple Reinders Constructors Ltd., Cambridge ON · Melloul Blamey Construction, Waterloo ON · Merit Contractors, St. Cathari nes ON · M.J. Dixon Construction Ltd., Mississauga ON · Nith Valley Construction Ltd., New Hamburg ON x) E05-059 - Prequalification of Mechanical Sub-contractors for Construction of a Community Centre at 222 Chandler Drive, Kitchener Prequalified List: · Besseling Mechanical Inc., Stoney Creek ON · Brenner Mechanical Inc., Waterloo ON · Dean-Lane Contractors Inc., St. Agatha ON · Group 92 Mechanical Inc., St. Catharines ON · Nelco Mechanical Limited, Kitchener ON xi) E05-060 - Prequalification of Electrical Sub-contractors for Construction of a Community Centre at 222 Chandler Drive, Kitchener Prequalified List: · Cahill Electric, Ancaster ON · Culliton Brothers Limited, Stratford ON · Harold Stecho Electric, Waterloo ON · Juno Electric, Guelph ON · Kearsley Electric Limited, Kitchener ON xii) E05-027 - Consultant Services - Strange Street (Victoria Street to Park Street) Awarded to: CCL/IBI Group, Waterloo ON Estimated fee: $191,498. including a contingency of $16,270. plus GST COUNCIL MINUTES AUGUST 29, 2005 - 240 - CITY OF KITCHENER xiii) E05-028 - Consultant Services - Water Street North (Francis Street North to Victoria Street North) and Francis Street (Water Street North to Duke Street West) Awarded to: McCormick Rankin Corporation, Kitchener ON Estimated fee: $124,999.99 including a contingency of $10,620.22 plus GST." Carried. Mr. Paul Dreher, President, Golden Triangle Marine Modelers, spoke in appreciation of assistance given by City staff and use of City facilities during the Great Lake Model Expo, held in Kitchener on July 2-3, 2005. Mr. Dreher advised that City facilities were commended by attendees as the best location for this event, which draws Marine Clubs from across Canada and the United States. Mr. Dreher presented a plaque to Mr. K. Baulk, Acting General Manager of Community Services, on behalf of the Golden Triangle Modelers and Great Lakes Model Expo, in recognition of the City's contributions to this event. Mr. Mitchell Fasken, President, Kimshaw Holdings Limited, attended in support of Clause 1 of the Heritage Kitchener report and Clause 11 of the Development and Technical Services Committee report, dealing with approvals of Heritage Permit Application 2005-IV-009 and Zone Change Application ZC 05/09/K/TB (Kaufman Lofts, 410 King Street West), respectively. The applications proposed permit an addition to the 5th floor and construction of a 6th floor across the entire length of the former Kaufman Footwear Factory and rezoning of the property to "Warehouse District Zone (D- 6), 343U" to allow the building to be fully used for multiple dwellings. Mr. Fasken presented schematic designs of the proposed additions, commenting on the extensive development process undertaken in collaboration with City staff which has resulted in a design consistent with the City's Heritage vision of the property, as well as appropriate for the Downtown. He added that the design incorporates a setback of 1.5 m so that the additions will not be visible from street level which, in conjunction with materials to be used, will maintain the building's heritage features. Mr. Fasken thanked City staff for their assistance in successfully completing such a large and complex project and asked that Council support the recommendations as proposed this date. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That Clause 1 of the Heritage Kitchener Committee report of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 11 of the Development & Technical Services Committee report of this date, be adopted." Carried. Mr. Albert Norris raised concerns with regard to an article by the Canadian Press advising of a fact- finding mission to be undertaken by Federal officials to identify persons exposed to toxic defoliants at a New Brunswick military base during a period between the 1950's to 1970's. Mr. Norris asked that a letter be sent to the Federal government in support of the fact-finding mission. Mr. Norris also circulated this date a copy of the Region of Waterloo's Outdoor Watering By-law, raising concerns with respect to the City's water supply. In addition, Mr. Norris asked that restrictions placed on Norris Bakery regarding selling sausages at Your Kitchener Market be removed. Mr. K. Baulk advised that discussions have been held between the current owner of Norris Bakery and another Market vendor with regard to a potential partnership that may provide a solution to Mr. Norris' concerns. Council was also in receipt of correspondence from Mr. Norris regarding the re-opening of a former business, known as The Mother's Schoppe, in a new location at 495 Lancaster Street West. Mr. Norris requested that The Mother's Schoppe stands at the Market be replaced with gourmet foods of choice; the former licence for The Mother's Schoppe be renewed and the property pay no taxes for COUNCIL MINUTES AUGUST 29, 2005 - 241 - CITY OF KITCHENER two years. Mayor C. Zehr pointed out that the former licence is not transferable and advised Mr. Norris that a new licence application must be submitted. Ms. Heather Thomson, Concerned Citizens for Neighbourhood Preservation (CCNP), attended in support of Clause 16 of the Development and Technical Services Committee report of this date, dealing with planning approvals for Municipal Plan Amendment MP 04/05/W/TC, Zone Change application ZC 04/23/W/TC, Draft Plan of Subdivision Application 30T-05202 and Draft Plan of Condominium Application 30CDM-05205, for 52 & 90 Woodside Drive (Stirling Bridge Limited). The planning approvals include remediation of an industrial brownfield site at 90 Woodside Avenue and construction of a medium density residential development of 130 townhouses. Ms. Thomson praised the developer, Stirling Bridge Limited and City staff for the inclusionary approach taken which resulted in the best possible plan for redevelopment of the property, and which is fully supported by area residents. Mayor C. Zehr advised that he had received an e-mail from Mr. Weber, the owner of Weber Supply Company Inc., in which concerns were raised with regard to the impact the Woodside Drive planning applications may have to his adjacent business. Mayor Zehr stated that he had suggested to Mr. Weber that he attend the Council meeting this date to address his concerns; however, it was noted that Mr. Weber did not attend. Councillor G. Lorentz added that Mr. Weber was represented by his Solicitor at the August 22, 2005 Development & Technical Services Committee meeting, at which time evidence was provided by City staff outlining the involvement and opportunities for involvement afforded to Weber Supply Company Inc. throughout the planning process and the attempts made to address the concerns expressed by the Company. Members of Council thanked the developer, City staff and Ms. Thomson of the CCNP group, for their collaborative work in developing a positive solution for remediation of the Woodside Drive brownfield site. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 16 of the Development and Technical Services Committee report of this date, be adopted." A recorded vote was requested and the motion was Carried Unanimously by all Council members present. It is noted that Councillor B. Vrbanovic was not present and accordingly, did not vote. Mayor C. Zehr advised that the property owners were in attendance this date in support of Clause 12 of the Development and Technical Services Committee report, dealing with approval of Zone Change Application ZC 04/26/D/KS (Bee / Rodighiero - 318 Duke Street West). Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 12 of the Development and Technical Services Committee report of this date, be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clauses 11 & 12 - Dealt with under Delegations and Carried. Clause 16 - Dealt with under Delegations and Carried Unanimously by all Council members present, on a recorded vote. Balance of report - Carried. COUNCIL MINUTES AUGUST 29, 2005 - 242 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Service Committee 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. Balance of report - Carried. Council then considered a matter listed as Unfinished Business on the Council agenda this date, relative to appointments to fill vacancies on the Kitchener Public Library Board, the Downtown Advisory Committee and the Economic Development Advisory Committee. This matter was deferred at the August 22, 2005 special Council meeting and referred to the meeting this date to allow time for additional applications to be submitted. Council was in receipt of correspondence this date from Mr. R. Gosse, Director of Legislated Services, dated August 12, 19 and 26, 2005 concerning the appointments to be made, together with a summary of all applications received. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Council consider applications from Sunshine Chen, Steve Farlow, Dan Piedra and Kathy Durst received after the deadline date." Carried Unanimously by all members present. Mayor C. Zehr advised that the Downtown Advisory Committee has requested its Terms of Reference be amended by removing the "Chair of the Kitchener Downtown Business Association or Designate" as a member of the Committee and replacing that member with an "Education" representative, as outlined in Mr. Gosse's correspondence dated August 12, 2005. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the Terms of Reference for the Downtown Advisory Committee be amended by removing the 'Chair of the Kitchener Downtown Business Association (KDBA) or Designate' as a member of the Committee and adding one representative of the 'Education' sector." Carried. COUNCIL MINUTES AUGUST 29, 2005 - 243 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Council waive the residency requirement in Clause 3 of Policy 1-63 (Appointments to Boards and Committees) to allow consideration of applications from Sunshine Chen and Steve Farlow." Carried, with the required 2/3 majority vote of Council members present. Council then considered applications for appointment to fill a vacancy on the Kitchener Public Library Board and the following individuals were nominated: Kimberly Lane and Elizabeth Simpson. The approved voting procedure was utilized resulting in Kimberly Lane being appointed for a term to expire November 30, 2006. Council then considered vacancies on the Downtown Advisory Committee and it was noted that only one application was received from Jamie Hill, wishing to represent the Arts & Culture sector. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Jamie Hill be appointed as the Arts & Culture representative to the Downtown Advisory Committee for a term to expire November 30, 2006." Carried. Council then considered applications for appointments to the Economic Development Advisory Committee to fill vacancies in the following categories: Downtown Office Owner; Arts & Culture sector; Housing Development sector; Health sector; and Education sector. It was noted that only one application was received in the category of Downtown Offfice Owner from Adrian Conrad. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Adrian Conrad be appointed as the Downtown Office Owner representative to the Economic Development Advisory Committee for a term to expire November 30, 2006." Carried. Three applications were considered in the category of Arts & Culture sector, with only Sunshine Chen being nominated. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Sunshine Chen be appointed as the Arts & Culture representative to the Economic Development Advisory Committee for a term to expire November 30, 2006." Carried. Two applications were considered in the category of Housing Development sector and both applicants, Ian Cook and Larry Masseo, were nominated. In addition, two applications were considered in the category of Health sector and both applicants, Dennis Egan and Kathy Durst, were nominated. In each of the aforementioned categories, the approved voting procedure was utilized, resulting in Ian Cook and Kathy Durst being appointed as the Housing Development sector and Health sector representatives, respectively, to the Economic Development Advisory Committee, each for term to expire November 30, 2006. Finally, two applications were considered in the Education sector, with only Dan Piedra being nominated. COUNCIL MINUTES AUGUST 29, 2005 - 244 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Dan Piedra be appointed as the Education sector representative to the Economic Development Advisory Committee for a term to expire November 30, 2006." Carried. At the request of G. Sosnoski, General Manager of Corporate Services and City Clerk, Council agreed to add seven additional by-laws for three readings this date, as follows: · four Zoning amending by-laws relative to Clauses 10, 11, 12 and 14 of the Development & Technical Services Committee report regarding the following zone change applications: ZC 03/28/H/BS (T. G. Hammond Ltd. - 1500 Highland Road West); ZC 05/09/K/TB (410 King Properties Ltd. - 410 King Street West); ZC 04/26/D/KS (Bee / Rodighiero - 318 Duke Street West); and ZC 98/12/W/GR (Lotco Ltd. - Westforest Trail); · Municipal Plan and Zoning amending by-laws relative to Clause 16 of the Development & Technical Services Committee report regarding Municipal Plan Amendment Application MP 04/05/W/TC and Zone Change Application ZC 04/23/W/TC (Stirling Bridge Limited - 52 & 90 Woodside Avenue); and, · a Designation by-law relative to Council's resolution of July 4, 2005 regarding designation of the property at 318 Duke Street West (former Fire Station No.2). Council subsequently gave first and second readings to an additional by-law, shown as Item (s) below, relative to Item B.8 of the Committee of the Whole to effect Delegation of Authority for Draft Plan of Subdivision and Draft Plan of Condominium Approvals. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to establish retention periods and disposition methods for records of the municipality. (e) Being a by-law to exempt certain lots from Part Lot Control - Block A, Registered Plan 1370 - Block Line Road. (f) Being a by-law to exempt certain lots from Part Lot Control - Part of Blocks 3 and 4, Registered Plan 58M-55 - Wake Robin Crescent and Windflower Drive. (g) Being a by-law to exempt certain lots from Part Lot Control - Part Block 5, Registered Plan 58M-55 - Windflower Crescent. (h) Being a by-law to provide for the establishment and laying out of part of Sunbridge Crescent as a public highway in the City of Kitchener. (i) Being a by-law to provide for the establishing and laying out of part of Templewood Drive as a public highway in the City of Kitchener. (j) Being a by-law to provide for the establishing and laying out of part of Block Line Road as a public highway in the City of Kitchener. COUNCIL MINUTES AUGUST 29, 2005 - 245 - CITY OF KITCHENER (k) To confirm all actions and proceedings of the Council. (I) Being a by-law to designate part of the property municipally known as 318 Duke Street West in the City of Kitchener as being of historic and cultural heritage value or interest. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - T. G. Hammond Limited - 1500 Highland Road West. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 41 0 Ki ng Street West. (0) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Brian Bee & Antionette Rodighiero - 318 Duke Street West. (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lotco Ltd. - Westforest Trail. (q) Being a by-law to adopt Amendment No. 61 to the Municipal Plan - City of Kitchener - 52 & 90 Woodside Avenue. (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - 52 & 90 Woodside Avenue. (s) Being a by-law to delegate certain authority under the Planning and Condominium Acts. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2005-152) (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. 2005-153) COUNCIL MINUTES AUGUST 29, 2005 - 246 - CITY OF KITCHENER (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. 2005-154) (d) Being a by-law to establish retention periods and disposition methods for records of the municipality. (By-law No. 2005-155) (e) Being a by-law to exempt certain lots from Part Lot Control - Block A, Registered Plan 1370 - Block Line Road. (By-law No. 2005-156) (f) Being a by-law to exempt certain lots from Part Lot Control - Part of Blocks 3 and 4, Registered Plan 58M-55 - Wake Robin Crescent and Windflower Drive. (By-law No. 2005-157) (g) Being a by-law to exempt certain lots from Part Lot Control - Part Block 5, Registered Plan 58M-55 - Windflower Crescent. (By-law No. 2005-158) (h) Being a by-law to provide for the establishment and laying out of part of Sunbridge Crescent as a public highway in the City of Kitchener. (By-law No. 2005-159) (i) Being a by-law to provide for the establishing and laying out of part of Templewood Drive as a public highway in the City of Kitchener. (By-law No. 2005-160) (j) Being a by-law to provide for the establishing and laying out of part of Block Line Road as a public highway in the City of Kitchener. (By-law No. 2005-161) (k) To confirm all actions and proceedings of the Council. (By-law No. 2005-162) (I) Being a by-law to designate part of the property municipally known as 318 Duke Street West in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law No. 2005-163) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - T. G. Hammond Limited - 1500 Highland Road West. (By-law No. 2005-164) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 41 0 Ki ng Street West. (By-law No. 2005-165) (0) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Brian Bee & Antionette Rodighiero - 318 Duke Street West. (By-law No. 2005-166) COUNCIL MINUTES AUGUST 29, 2005 - 247 - CITY OF KITCHENER (p) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lotco Ltd. - Westforest Trail. (By-law No. 2005-167) (q) Being a by-law to adopt Amendment No. 61 to the Municipal Plan - City of Kitchener - 52 & 90 Woodside Avenue. (By-law No. 2005-168) (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - 52 & 90 Woodside Avenue. (By-law No. 2005-169) (s) Being a by-law to delegate certain authority under the Planning and Condominium Acts. (By-law No. 2005-170) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:05 p.m. MAYOR CLERK COUNCIL MINUTES AUGUST 29, 2005 - 248 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That on-street parking be prohibited at anytime on the east side of Woolwich Street from Hillcrest Lane to Bridle Trail; and, That Transportation Planning continue to monitor Woolwich Street with regard to speeding and vehicular volume; and further, That the Uniform Traffic By-law be amended accordingly. 2. That an all-way stop be installed at the intersection of Doon Mills Drive and Apple Ridge Drive; and further, That the Uniform Traffic By-law be amended accordingly. 3. That the City of Kitchener and Regional Municipality of Waterloo, and their contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code (Article 6 - Construction Work), during the road reconstruction on Victoria Street North from Waterloo Street to Margaret Avenue, in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from August 8, 2005 to July 31 , 2006. 4. That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code (Article 6 - Construction Work), during the road reconstruction on Joseph Street from Victoria Street South to Water Street, and Francis Street from Joseph Street to Charles Street, in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from August 16 to November 30, 2005. 5. That the City enter into an Agreement of Purchase and Sale with Lyndale South Developments Limited for the lands described as Part of Lots 117, 118 and 124, G.C.T., City of Kitchener, Regional Municipality of Waterloo, designated as Parts 7, 8, 9 and 13 on Reference Plan 58R- 14930 at a purchase price of $70,500.; and, That the sum of $36,500. be expended from the Parkland Trust Fund toward the purchase of the above-noted lands; and further, That the Mayor and Clerk be authorized to execute such documents as may be required to complete the transaction, all to the satisfaction of the City Solicitor. 6. That the Mayor and Clerk, be authorized to sign an amendment to the agreement dated July 4, 2002, between the City and CriSys Limited regarding the requirements for delivery of the Computer Aided Dispatching System, subject to the satisfaction of the City Solicitor. 7. That the Mayor and Clerk be authorized to execute an agreement between the City of Kitchener and the Township of Woolwich for the provision of Emergency Fire Communications (Dispatch) Services, subject to the satisfaction of the City Solicitor. 8. That the scope of engineering services provided by Earth Tech Canada Inc. for the reconstruction of Lancaster Street East (from Victoria Street to Frederick Street) be expanded to include the design of Luella Street and contract administration, resident inspection and post construction activities for Luella Street and Mansion Street (from Lancaster Street to Ellen Street); with construction of these two streets to occur in summer 2006; and further, That the additional funding required to expand the scope of engineering services ($97,724. not including GST), be taken from the Capital Infrastructure Surplus General Provisions Account. 9. That the current On-street Parking By-law regulations governing driveway clearance, sidewalk, boulevard, and time limit parking be retained in the interest of public safety and traffic operations; and further, That the following items be specifically included for review in the action plan of the Neighbourhood Design Initiatives process: COUNCIL MINUTES AUGUST 29, 2005 - 249 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) i) incorporation of minimum on-street parking requirements for new subdivision approvals; ii) construction of neighbourhood communal parking lots within new subdivisions; iii) establishment of minimum lot sizes on cul-de-sac bulbs and curved road sections where the radius results in merged driveways; and, iv) conversion of cul-de-sac grassed islands to parking spaces. 10. That Zone Change Application ZC 03/28/H/BS, for T.G. Hammond Limited, to change the zoning on the subject lands from General Industrial (M-2) to Arterial Commercial (C-6) with Special Regulation Provision 409R on lands legally described as Part of Lots 38, G.C.T. in the City of Kitchener, be aooroved in the form shown in the "Proposed By-law" dated July 29, 2005, attached to Development and Technical Services Department report DTS-05-130, without conditions. 11. That Zone Change Application ZC 05/09/K/TB, proposing a change in zoning from "Warehouse District Zone (D-6)138U 9H" to "Warehouse District Zone (D-6), 343U" be aooroved, in the form shown in the "Proposed Bylaw", dated July 25, 2005, attached to Development and Technical Services Department report DTS-05-132, without conditions. (Dealt with under Delegations and Carried.) 12. That Zone Change Application ZC 04/26/D/KS for the purpose of changing the zoning from General Industrial Zone (M-2) to General Industrial Zone (M-1) on lands legally described as Registered Plan 376 Part Lots 149 and 150 in the City of Kitchener be aooroved in the form shown in the "Proposed By-law", dated August 10, 2005, attached to Development and Technical Services Department report DTS-05-135, without conditions. (Dealt with under Delegations and Carried.) 13. That Council approve the preferred design modifications to the existing storm water management facility located at Resurrection Park, within Registered Plan 1716, as set out in the Executive Summary, and that the Schedule 'B' Class Environmental Assessment Report for this project be filed with the City Clerk for the mandatory 30 day public review period. 14. That Zone Change Application ZC 98/12/W/GR for the purpose of changing the zoning from Convenience Commercial Zone (C-1) to Residential Six Zone (R-6) on lands legally described as Registered Plan 1689 Block 155 Plan 58R-12060 Part 1 in the City of Kitchener be aooroved in the form shown in the "Proposed By-law", dated May 18, 2005, attached to Development and Technical Services Department report DTS-05-089, without conditions; and further, That staff continue to work with the developer on his chosen site design. 15. That a 1.5 metre wide concrete sidewalk be constructed on the west side of Ada Street, between Donald Street and Burbank Road, to facilitate a safe pedestrian link between the existing community trail ending at Burbank Road and the existing sidewalk beginning at Donald Street; and further, That the Community Services Maintenance Operations staff be directed to include this section of sidewalk on their list for winter snow plowing and/or removal. 16. That Municipal Plan Amendment Application MP 04/05/W/TC to amend the land use designation from General Industrial with Special Policy #1 0, Neighbourhood Park and Open Space to Medium Density Multiple Residential on lands legally described as German Company Tract Sub Lot 17, COUNCIL MINUTES AUGUST 29, 2005 - 250 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 16. (Cont'd) Lots 359 and 361, Part Lots 362 and 365, Part Lot 366, Plan 183, and Part Lots 1 and 2 Streets and Lanes, municipally known as 52 and 90 Woodside Avenue, in the City of Kitchener, be aooroved, in the form shown in the 'Municipal Plan Amendment' attached to Development and Technical Services Department report DTS-05-133 and forwarded to the Region of Waterloo, with the Region requested to defer approval of the Amendment until such time as the Region has clearance of the Record of Site Condition for the subject lands; and, That Zone Change Application ZC 04/23/W/TC to change the zoning from General Industrial Zone (M-2) with special use provisions 156U and 159U and Temporary Use Provision 8T, General Industrial Zone (M-2) with special use provision 159U and Public Park Zone (P-1) to Residential Eight Zone (R-8) with special regulation provision 435R on lands legally described as German Company Tract Sub Lot 17, Lots 359 and 361, Part Lots 362 and 365, Part Lot 366, Plan 183, and Part Lots 1 and 2 Streets and Lanes, municipally known as 52 and 90 Woodside Avenue, in the City of Kitchener, be aooroved in the form shown in the "Proposed By-law", dated July 29th, 2005, attached to Development and Technical Services Department report DTS-05- 133, without conditions; and, That the City of Kitchener, pursuant to Section 51. (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 97-061, arant draft approval to Plan of Subdivision Application 30T-05202, in the City of Kitchener, for Stirling Bridge Ltd., subject to the conditions contained in Appendix 'A' to Development and Technical Services Department report DTS-05- 133; and, That the City of Kitchener pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P. 13 as amended, and delegation by-law 2002-164, arant draft approval to Plan of Condominium Application 30CDM-05205, in the City of Kitchener for Stirling Bridge Ltd., subject to the conditions contained in Appendix 'A' of Development and Technical Services Department report DTS-05-133; and, That Development and Technical Services staff undertake the necessary procedures to no longer allow vehicular travel of the most south-easterly 25m of Woodside Avenue to coincide with the construction of the development of 52 and 90 Woodside Avenue. The last 25m of the right-of-way shall be used in combination with a portion of Woodside Park and lands within the adjacent proposed development to be utilized as an urban amenity, including public open space, pedestrian walkways and other urban design elements. The maintenance of the space shall be the responsibility of the adjacent developer. Any necessary requirements, notices or agreements shall be co-ordinated by Legal Services staff; and further, That, in recognition of the Cash-in-Lieu of Parkland money generated from Plan of Subdivision 30T-05202 (Stirling Bridge Ltd.), Community Services staff design and implement improvements to park/open space/recreation facilities in the adjacent City-owned lands. (Dealt with under Delegations and Carried Unanimously by all Council members present, on a recorded vote.) COMMUNITY SERVICES COMMITTEE - 1 . That the request from the Downtown Neighbourhood Alliance to become an affiliated Neighbourhood Association with the City of Kitchener, be approved. 2. That the Mayor and Clerk be authorized to execute a sponsorship agreement, satisfactory to the City Solicitor, with the Brick Brewery for $3,750., for the Kitchener Memorial Auditorium Complex and golf courses, as outlined in Community Services Department report CSD-05-099. 3. That pursuant to Council Policy 1-400 (Community Gardens), a one-time contribution of $970. be approved to the Oakdale Garden Group for the start-up of the Oakdale Court Community Garden, as follows: COUNCIL MINUTES AUGUST 29, 2005 - 251 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) a) Services in kind: transport topsoil, woodchips & sod stripping b) Cash grant: $470. $500.; and further, That the Mayor and Clerk be authorized to execute any and all necessary agreements with the Oakdale Garden Group, satisfactory to the City Solicitor, to allow the Oakdale Court Community Garden to be located on the public lands known as the Oakdale Court Cul-de-sac bulb. 4. That pursuant to Council Policy 1-400 (Community Gardens), a one-time contribution of $1000. be approved to the Timber Ridge Garden for the start-up of the Timber Ridge Court Community Garden, as follows: a) Services in kind: transport topsoil & sod stripping b) Cash grant: $500. $500.; and further, That the Mayor and Clerk be authorized to execute any and all necessary agreements with the Timber Ridge Garden Group, satisfactory to the City Solicitor, to allow the Timber Ridge Court Community Garden to be located on the public lands known as the Timber Ridge Court Cul- de-sac bulb. 5. That consideration of an increase of $6,700. to the Every Kid Counts budget, be deferred and referred to Council's 2006 budget deliberation process, representing Kitchener's contribution towards the costs of hiring two additional seasonal summer staff for the Every Kid Counts 2006 program. 6. That the City of Kitchener support the K-W Special Olympics' bid to host the 2010 Special Olympics National Summer Games; and, That $10,000. per year, over a four year period from 2006 to 2009, be allocated from the existing sport tourism account, to be used as a cash grant for the 2010 National Summer Games; and, That an in-kind grant of up to $30,000. be approved in 2010 for City services, to be funded from the general provision grant account; and further, That these grants only be allocated if K-W Special Olympics is awarded the 2010 Special Olympics National Summer Games. 7. That consideration of the following recommendation be deferred and referred to the September 19, 2005 Council meeting to allow staff to provide a written report to address concerns raised by the Community Services Committee: "That no action be taken at this time on the staff recommendation contained in Community Services Department report CSD-05-070 (Walter Bean Grand River Trail Pedestrian Bridge Crossing of the Grand River), dated June 3, 2005, pending completion of an Environmental Assessment for a possible alternate pedestrian bridge crossing of the Grand River at the old Huron Road site as requested by residents of the Doon/Pioneer Park neighbourhood; and, That $50,000. be allocated from Capital Contingency to fund the Environmental Assessment; and further, That the Purchasing By-law for consulting projects be waived to allow the Community Services Department to award this project to the consulting firm of Totten Simms Hubicki at a maximum upset limit for consulting fees of $50,000." COUNCIL MINUTES AUGUST 29, 2005 - 252 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That the City of Kitchener has no objection to a Provincial Licence being issued to the Kitchener Charities Bingo Association to conduct a $5,000. Progressive Bingo game on an ongoing basis, commencing September 5,2005. 2. That the request of the Twin Cities Minor Tackle Football Association to sell refreshments at their opening game on September 3, 2005 at Centennial Stadium, 400 East Avenue, be approved, provided the necessary licence is obtained, including Health and Fire approval. 3. That agreement in principle be given to expanding the City's existing Apprenticeship Program and that the matter be referred to the 2006 Operati ng Budget discussions. 4. That the Mayor and Clerk be authorized to execute an amendment to the Corporation of the City of Kitchener's contract with Oracle Corporation Canada Inc. for the Perpetual License Agreement, substantially in the form of the draft amendment attached to Chief Administrator's Office report CAO-05-031 , and satisfactory to the City Solicitor. 5. That the lay member(s) of the Dog Designation Appeal Committee receive a $100. stipend per meeting to be paid retroactively from January 1,2005, for all meetings attended. 6. That capital funding of approximately $668,457.36 be approved for the construction of Cedarview Place including utilities, within Registered Plan 1677; and further, That the Mayor and Clerk be authorized to execute an agreement with the developer to provide for recovery of the costs to construct Cedarview Place on terms and conditions satisfactory to the City Solicitor. HERITAGE KITCHENER - 1 . That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application 2005-IV- 009 (410 King Street West) be approved to permit an addition to the 5th floor and the construction of a 6th floor that will span across the entire length of the former Kaufman Footwear factory, subject to the submission of a conceptual rear elevation drawing, as outlined in the elevation drawings and conceptual digital renderings, dated July 27, 2005, submitted as a part of the Heritage Permit Application. (Dealt with under Delegations and Carried.) 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-V-003 (79 Joseph Street) be approved to permit the installation of an exterior wall sign, as outlined in correspondence dated July 27, 2005, from Mr. M. Garner, KOR Gallery and Studio, subject to the following condition: a) That in reference to the concept outlined in 'Exhibit B' attached to the July 27, 2005 correspondence, the location of the sign's lettering be lowered by two rows of bricks to have the lettering end adjacent to the small window located on the east elevation. 3. That further to condition (h) of Council's April 11, 2005 approval of Heritage Permit Application HPA 2005-IV-001 (437 Pioneer Tower Road), the request of the owner to remove the apple tree from this property be approved; and further, That Heritage Kitchener recommends the City Arborist be directed to investigate the possibility of grafting a portion of the apple tree to be removed from 437 Pioneer Tower Road to similar historic apple trees located on City land immediately adjacent the Pioneer Memorial Tower, and staff prune said apple trees and ensure they are maintained in good health. 4. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application 2005-IV- 010 (437 Pioneer Tower Road) be approved to permit the installation of wood shutters on the front and side elevations of the farmhouse; and further, COUNCIL MINUTES AUGUST 29, 2005 - 253 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 4. (Cont'd) That Council's approval of Heritage Permit Application HPA 2005-IV-001 , dated April 11, 2005, be amended to permit the installation of only two large windows on the second storey of the rear elevation of the farmhouse and two small windows above the patio doors on the rear elevation of the new addition, all as outlined in elevation drawings attached to HPA 2005-IV- 010. COUNCIL MINUTES AUGUST 29,2005 - 254 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS- 1. Doa Desianation Aooeal Committee Decision It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Elena Tabong and Brian Melo, wherein the Committee hereby affirms the Prohibited Dog designation applied to 'Bentley', a dog owned by Elena Tabong and Brian Melo, be ratified and confirmed." 2. Execution of Enaineerina Aareement - Hioel Land Partnershio - Cedarview Place 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 MTE Consultants Inc., regarding Witzel-Kearns Subdivision - Cedarview Place, Plan 30T-01204." 3. Encroachment Aareement - Cafe Mozart - 45-49 Queen Street South It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Part Lots 2 and 3, Plan 394, designated as Parts 1 and 2 on Reference Plan 58R-2155 (as in PIN 22501-0011), municipally known as 45-49 Queen St. S., to legalize the existing encroachment of a concrete block and brick building which encroaches approximately 0.53 feet onto the Seigner Lane road allowance for a length of approximately 19.12 feet, more or less." 4. Tender Aoorovals - Chief Administrative Officer - Council Summer Recess Dealt with under Delegations. 5. Noise Exemotion - Conestoaa Students Inc. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Conestoga Students I nc. for an outdoor concert at Conestoga College on Thursday, September 15, 2005, between the hours of 7 PM and 11 PM." 6. Various Tenders Dealt with under Delegations. 7. Committee of Adiustment Decisions Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held August 16, 2005. COUNCIL MINUTES AUGUST 29, 2005 - 255 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Committee of Adiustment Decisions (Cont'd) It was resolved: "That the application of Winston Hall Nursing Homes Ltd., (Submission No. SG 2005- 008 - 1000 Westmount Road East) requesting permission to erect a 3rd ground sign on a institutionally zoned property, rather than the permitted 2 ground signs, to have a setback of 1 m (3.28 ft.) from Westmount Road rather than the required 3 m (9.84 ft.), and a sign area of 4 sq. m. (43.05 sq. ft.) rather than the permitted 3 sq. m. (32.29 ft.), on Lot 5, Registrar's Compiled Plan 1483, being Part 3, Reference Plan 58R-1352, 1000 Westmount Road East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the proposed sign shall be located outside the 4.5 m (14.76 ft.) driveway visibility triangle." - and - "That the application of Kitchener-Waterloo Counselling Services Incorporated, (Submission No. SG 2005-009 - 480 Charles Street East) requesting permission to add aluminium cladding to cover the pylon on the 2 pylon signs on this property, permission for the sign on the Charles Street East frontage to be located 0.2 m (0.65 ft.) from a parking area rather than the required 0.6 m (1.96 ft.), and to add a changeable copy panel having an area of 0.5 m (5.38 sq. ft.) to be located within the required 2.44 m (8 ft.) clearance, on Part Lot 25, Registered Plan 404, 480 Charles Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1 . That the sign on the Charles Street frontage of the property shall be located outside the 4.5 m (14.76 ft.) driveway visibility triangle." 8. Delegation of Authority for Draft Plan of Subdivision & Draft Plan of Condominium Aoorovals Council considered Development & Technical Services Department report DTS-05-152 (G. Stewart), dated August 24, 2005, recommending the repealing and replacing of By- law 2002-164 pertai ni ng to delegated authority for Draft Plans of Subdivision and Condominium. It was resolved: "That By-law 2002-164, as amended, be repealed and replaced with the Proposed By- law dated August 22, 2005, as attached to Development & Technical Services Department report DTS-05-152, for the purpose of appointing the General Manager of Development & Technical Services as one of two alternates authorized to exercise all of the subdivision and condominium approval authority delegated to the Manager of Design & Development in his / her absence; and further, That the said by-law be read a first and second time and stand referred to Council this date for thi rd readi ng."