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HomeMy WebLinkAboutCouncil - 2005-09-19 COUNCIL MINUTES SEPTEMBER 19, 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 Ashley Sousa of the Ontario Conservatory of Music. On motion by Councillor C. Weylie, the minutes of the regular meeting held August 29, 2005 and special meetings held August 29 and September 12, 2005, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T05-064, Self-Contained Breathing Apparatus (SCBA) & Cylinders, be awarded to Resqtech Systems, Inc., Woodstock, Ontario at their tendered price of $365,700., including G.S.T. & P.S.T." - and - "That Proposal P05-076, Authorized Contractors for Kitchener Utilities Natural Gas Rental Water Heater Installations, be awarded as follows: · Primarv Contractor Status: Direct Energy Essential Services, Waterloo · Secondarv Contractor Status: Aire One KW Heating & Cooling (Kitchener), Kitchener; Air Quality Home Comfort Inc., Cambridge; Amber Heating & Sheet Metal Ltd., Waterloo; Bast Home Comfort, Waterloo; Bast Home Comfort, Cambridge; Conestogo Mechanical Inc., Kitchener; Delta Air Systems Ltd., Waterloo; Delta Inc., Waterloo; Dunn Heating and Air Conditioning, Waterloo; 4 Seasons Heating & Cooling, Waterloo; McGregor Plumbing & Heating Inc., Tavistock; Reitzel Heating & Sheet Metal, Waterloo; Rob-Hart Mechanical Inc., Kitchener; and Tiger Plumbing Inc., Waterloo; and further, That this award is for two (2) years commencing October 1, 2005 and terminating September 30,2007, and includes an option to extend for two (2) additional twelve (12) month terms." - and - "That Tender T05-063, Roof Replacement - Lions Arena, be awarded to Flynn Canada Ltd., Cambridge at their tendered price of $143,567.25, including G.S.T. and P.S.T." Carried. Mr. Mel Code requested that a Demolition Control Application (DC 05/11/B/KG), submitted on Wednesday, September 16, 2005, be considered this date notwithstanding such action would circumvent normal processing procedures. He advised that there is some urgency given the subject property is now part of a large industrial lot and lot grading is actively taking place all around the property. He explained that considerable time has been spent on attempts to relocate the building structure, but relocation has proven to be financially unfeasible. He asked that the application be approved this date to allow the development to move forward without further delay and advised that City staff have indicated that they have no concerns with regard to the application. Councillor G. Lorentz asked that in future, in such circumstances, staff provide Council with a written report that at minimum provides some background information and a map identifying the subject property. COUNCIL MINUTES SEPTEMBER 19, 2005 - 262 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Demolition Control Application DC 05/11/B/KG requesting permission to demolish one single residential dwelling located at 1550 Battler Road, legally described as Lot 18, Plan 1471, be approved." Carried. Council was in receipt this date of correspondence dated September 19, 2005 from Mr. Craig Selby, District Manager - Guelph, Ministry of Natural Resources, relative to Clause 2 of the Development & Technical Services Committee report of this date, dealing with the Preferred Alternative for the Ward's and Brigadoon Pond Schedule B Class Environmental Assessment (EA). The Ministry was asked to provide its position with respect to building a new dam at Ward's Pond and have advised that where opportunity exists to decommission an old dam and there is no compelling reason for its replacement, the Ministry will not support building of a new dam. Council was also in receipt of a collection of public comments received as a result of two Public Information Centres held in 2004 and 2005. Ms. Yvonne Fernandes, area resident, spoke in opposition to the Preferred Alternative for the Ward's and Brigadoon Pond EA, raising concerns with regard to the impact to aquatic and wildlife habitats and the costs associated with implementation of the preferred alternative. She stated that Ward's Pond has existed for a number of years and is valued by the community as a natural recreational area. She asked that consideration be given to alternatives that will preserve and protect the ponds, citing the rehabilitation of Devil's Creek in Cambridge as an example. Ms. Fernandes further advised that at an on-site meeting held earlier this date, she was of the understanding that the example of Devil's Creek may be a viable option in lieu of the proposed removal of the Ward's Pond dam. Mr. Greg Brimblecombe, area resident, also spoke in opposition to the Preferred Alternative for the Ward's and Brigadoon Pond EA, commenting that the ponds were affected by surrounding development despite expert reports that indicated there would be no impact and suggested that the same experts and / or developers should be held responsible for rehabilitation costs. He asked that Ward's Pond be retained if at all possible and cautioned Council to consider all viable options before making a drastic change to the area. Mr. R. Shamess, Director of Engineering Services, advised that the development industry is paying for the project study and staff are attempting to recover rehabilitation costs as well. At the request of Councillor B. Vrbanovic, Mr. Shamess gave an overview of the Preferred Alternative which involves removal of the Ward's Pond dam, rehabilitation of the natural creek through both Ward's and Brigadoon Pond areas, and construction of smaller off-line ponds. Mr. T. MaHood, CH2MHILL, advised that the Preferred Alternative is a conceptual design only and the proposed configuration of one larger pond could be investigated as part of the detailed design phase. Mr. Shamess added that if directed, staff could report back with design options by the Spring of 2006 and it was his intent to keep the public fully informed during the design phase. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to replace the deferral recommendation in Clause 2 of the Development & Technical Services Committee report with the staff recommendation contained therein, to endorse the Preferred Alternative for the Ward's and Brigadoon Pond Schedule B Class Environmental Assessment. At the request of Councillor B. Vrbanovic, it was agreed to add to the motion direction to staff to investigate the concept of one larger pond during the detailed design phase; continuation of dialogue with the public throughout the design phase; and at the appropriate time, staff report back with design options. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 2 of the Development & Technical Services Committee report of this date, as amended, be adopted." Carried Unanimously. COUNCIL MINUTES SEPTEMBER 19, 2005 - 263 - CITY OF KITCHENER Council then considered a matter listed as Item 6.a) under Unfinished Business on the Council agenda this date, regarding construction of a pedestrian bridge crossing the Grand River for the Walter Bean Grand River Community Trail. This matter was deferred at the August 29, 2005 Council meeting and referred to the meeting this date to allow additional information to be provided to address concerns raised by the Community Services Committee. In this regard, Council was in receipt this date of Community Services Department report CSD-05-1 05 and attached reports CSD-05-092 and CSD-05-070, as previously presented to Council. Mr. Jim Law, Vice President, Lower Doon Neighbourhood Association, spoke in support of the recommendation listed in Item 6.a) under Unfinished Business, which recommends no action be taken to proceed with the detailed design of the pedestrian bridge until completion of an Environmental Assessment of an alternate site at the old Huron Road (Site 5). Mr. Law advised that while residents are in favour of a bridge crossing they are opposed to the decision making process. He suggested that a crossing at Site 5 (Huron Road) was not given due consideration and is considered by the residents more suitable for reasons as follows: it is outside the protected area for the bald eagle and therefore, can be open for year-round use; will still provide scenic views of the Grand River along the portion that would be alongside a roadway; and will provide a community link to the Grand River and Doon Heritage Crossroads. Mr. Law added that this would not be the only portion of the trail alongside a roadway and there are other gaps in the trail, negating a continuous link. In response to questions, Mr. Law advised that as a citizen he had first become aware of this project in 2003 and has attended a number of meetings since that time. Mr. Bob Cole, area resident, spoke in favour of pursuing Site 5 (Huron Road) for the pedestrian bridge crossing, commenting that he could not determine the origin of the requirement to provide a continuous link and was opposed to building a bridge at substantial cost that would have to be closed for 4-1/2 half months in order to protect the bald eagle. He added that inquiries made regarding financial implications to the Walter Bean Grand River Trail Community Foundation indicate that the Foundation has met disbursement quotas in providing the City with a charitable donation toward the bridge construction; and has opportunity, if required, to make application to Revenue Canada to request deferral of its donation disbursements. Mr. Cole suggested that if constructed at the preferred site, problems would occur with wash-outs and it would become difficult and costly to maintain. Mr. Doug Robertson, Vice-Chair, Walter Bean Grand River Community Trail Foundation, advised that the Foundation supports the response given by staff in report CSD-05-1 05 to the concerns raised by the Community Services Committee. He noted that Site 5 was considered at the outset of the process and rejected, and maintained that the project has received a thorough and complete review, as endorsed by the Ministry of Natural Resources and the Grand River Conservation Authority. He stated that financial implications remain a concern for the Foundation in respect not only of its disbursements but also that of its reputation to acquire donations for future trail links. He urged Council to make a clear decision this date to proceed with detailed design of the preferred alternative (Site 2). Councillor J. Gazzola commented that the trail will exist for some time once constructed and questioned what harm there would be in delaying to further evaluate Site 5. Mr. Robertson stated that delaying the bridge construction would further delay construction of required connecting trails, for which the Foundation holds substantial donation dollars. He added that opportunity to defer disbursements is only allowed for a period of up to one year and reiterated that Site 5 was thoroughly evaluated as documented in the public record. Mr. Robertson further advised that the founding principle of the Foundation has always been to construct the trail as close as possible to the Grand River and only where necessary divert around existing developments. Ms. Lori Schultz, President, Lower Doon Neighbourhood Association, voiced concerns with the process for public consultation, commenting on the lack of concrete answers and concern given to questions raised by area residents. She stated that the Lower Doon neighbourhood will be directly impacted by this project and should have considerable input and their concerns given priority status. She added that Old Mill Road is traffic calmed with no transit or large vehicles using the roadway and will offer spectacular views of the river. She requested that Site 5 (Huron Road) be given due consideration; however, if a decision is made otherwise, she requested that a member of the Lower Doon Neighbourhood Association be allowed to participate in the detailed design phase of the bridge. Mr. Wolfgang Wolter, Project Manager - Environmental Assessment, Totten Simms Hubicki, advised that this project received significant scrutiny under evaluation of a team of experts and the team was COUNCIL MINUTES SEPTEMBER 19, 2005 - 264 - CITY OF KITCHENER commended by the Ministry of Natural Resources for its public consultation. He stated that the preferred alternative (Site 2) was chosen because it maximizes the primary objective to provide a Grand River experience and was subject to stringent evaluation criteria. He pointed out that if evaluated, Site 5 would be subject to the same criteria and there is no indication on initial screening that further study would change the outcome. In response to questions, Mr. Wolter advised that without Terms of Reference it was not possible to provide an estimated cost for the additional study and if undertaken, it could delay the project well into 2006. Mr. Ken McLaughlin, President & Chair, Walter Bean Grand River Trail Community Foundation, advised that as early as 1995, and as documented in a 1999 official statement, the Foundation's vision of this trail has been to provide a continuous link along the Grand River. He added that where possible, as land becomes available in areas where the trail has been diverted from the river, it is the Foundations intent to purchase the land and reposition those portions of the trail. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, the staff recommendation contained in Community Services Department report CSD-05-070 (W. Sleeth), dated June 3, 2005 was brought forward for consideration, directing staff to proceed with detailed design of the Walter Bean Grand River Trail Pedestrian Bridge over the Grand River and connecting trail, at the location confirmed by the Environmental Assessment (EA), with a report back to a future meeting for review and approval of the proposed design. Staff responded to a number of questions, advising that one section of land required for the trail is pending execution of an agreement with JHS Properties Inc.; lessons have been learned from experience with a portion of trail along Deer Ridge, subject to flooding, to use an alternative coarse aggregate surface in areas of the trail that may experience similar conditions; and it is recognized within the Leisure Facilities Master Plan that the City needs to provide additional funding for City-wide trail maintenance. Mr. W. Sleeth, Landscape Architect, provided clarification between continuous and community trail links, and advised that a portion of trail in Cambridge that is not along the Grand River relates to the area in which the Doon Valley Golf Course is situate and is subject to complex negotiations due to issues of liability. He further advised that in his professional opinion, Site 2 is well recommended and would be a sound choice based on the completed EA and the objective of a continuous link. Councillor J. Gazzola spoke in opposition to the motion, commenting on the importance of the democratic process to ensure residents have their questions answered and expressing the opinion that Site 5 has not been fully considered. Mayor C. Zehr and Councillors B. Vrbanovic and G. Lorentz spoke in favour of the motion, commenting that a thorough public process was undertaken and based on expert evaluation, Site 2 has been determined as the best location and provides an opportunity for a continuous link that will showcase the Grand River. At the request of Councillor G. Lorentz it was agreed to include provision in his motion to allow one member of the Lower Doon Neighbourhood Association to participate in the detailed design phase of the pedestrian bridge crossing. Councillor G. Lorentz's motion, as amended, was then voted on in two parts, by recorded vote, as requested by Councillor J. Gazzola. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the Community Services Department 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 for this project; and, That Community Services staff 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 within the Environmental Assessment; and further, That the Community Services Department present the proposed bridge and trail design for consideration to a future meeting of the Community Services Committee." COUNCIL MINUTES SEPTEMBER 19, 2005 - 265 - CITY OF KITCHENER In Favour: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, B. Vrbanovic, M. Galloway and C. Weylie Contra: Councillor J. Gazzola Motion Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That one member of the Lower Doon Neighbourhood Association be allowed to participate in the detailed design phase for the Walter Bean Grand River Community Trail pedestrian bridge crossing of the Grand River." Carried Unanimously. Mr. Chris McElroy, Family & Children's Services, spoke in support of Clause 4 of the Development & Technical Services Committee report regarding Demolition Application DC 05/08/P/SR for demolition of a duplex dwelling at 579 Park Street. Mr. McElroy advised that the subject property was purchased to address rapid expansion of residential needs but was not intended to be used long term. He noted that the agency owns an adjacent property containing an 8-resident group home and demolition of the subject property is requested to provide additional recreational area for the group home. Councillor C. Weylie noted that approval of the application is subject to conditions, requiring the applicant to obtain final site plan approval for a parking area and approval of a landscape plan for the amenity area; and to post securities to ensure implementation of both plans. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 4 of the Development & Technical Services Committee report of this date be adopted." Carried. 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 Clause 2 - Dealt with under Delegations and Carried, as Amended. Clause 4 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." At the request of Ms. Ann Pappert, General Manager of Community Services, it was agreed to amend Clause 3 of the report dealing with deferral of a recommendation regarding the Kiwanis Park Strategic Plan, by changing the deferral date to October 17, 2005 from September 26,2005. Council was in receipt this date of Community Services Department report CSD-05-1 07 (A. Pappert), dated September 19, 2005, regarding Clause 4 of the Community Services Committee report, dealing COUNCIL MINUTES SEPTEMBER 19, 2005 - 266 - CITY OF KITCHENER with a proposed winter enclosure for the Kitchener Market. This matter was deferred at the September 12, 2005 Community Services Committee meeting and referred to the meeting this date to allow additional information to be provided. Ms. A. Pappert advised that the report recommends the matter be referred back to staff to allow a more comprehensive review of the Market space. She advised that the intent is to proceed with hiring of the new Market Manager who will assist in the review and pointed out that there is insufficient time in any event to provide the enclosure for the coming winter season. She stated that staff will work with the vendors to provide a suitable alternative for the coming winter. Councillor M. Galloway requested that staff consider monies allocated in the Capital Budget for Market improvements to determine if internal sourcing is available to assist in providing a solution to this matter and report back to Council with all possible options and price ranges. Councillor J. Gazzola asked that when the matter is brought back the report include all outstanding matters pertaining to the Market. Councillor G. Lorentz questioned the timeframe for the report to come back and Ms. Pappert advised that it was intended to have the information in time for consideration as part of the 2006 Capital Budget. Councillor G. Lorentz requested that staff strive for a target date of December 31,2005. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the deferral recommendation contained in Clause 4 of the Community Services Committee report of this date be replaced with the staff recommendation contained in Community Services Department report CSD-05-107 (A. Pappert), referring the matter of a winter enclosure for the Kitchener Market back to staff for further consideration and a report to Council by December 31, 2005." Carried. The Community Services Committee report was then voted on Clause by Clause. Clauses 3 & 4 - Carried, as Amended Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Council then considered a matter listed as Item 6.b) under Unfinished Business on the Council agenda this date concerning an open house held with regard to the proposed sites for a new Twin Pad Arena. At the request of Councillor M. Galloway, it was agreed to direct staff to add an additional City-owned site, located at the intersection of Huron Road and Fischer-Hallman Road, to the list of potential sites being considered for the new Twin Pad Arena. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, advised that public input is still being received until September 27, 2005 with regard to the sites for the new Twin Pad Arena, following which further review of the identified sites will be undertaken in relationship to the comments received; and a subsequent report to be presented to a future Development & Technical Services Committee meeting. COUNCIL MINUTES SEPTEMBER 19, 2005 - 267 - CITY OF KITCHENER Councillor M. Galloway then referred to recent decisions of other municipalities with regard to increasing the size of their current Councils and the intent of the Association of Municipalities of Ontario to issue a paper on this topic. He requested that staff prepare an analysis of recent events with regard to this matter for discussion at a future Finance and Corporate Services Committee meeting. In response to a question, Mr. G. Sosnoski advised that a report was brought forward for consideration in 2004 resulting in a motion by Councillor J. Gazzola to consider increasing the size of Kitchener Council as part of the Corporate Strategic Work Plan; however, the motion was defeated at the Finance and Corporate Services Committee meeting of April 19, 2004 with all members presented. Notice of Motion Councillor J. Gazzola gave notice that at the September 26, 2005 Finance and Corporate Services Committee meeting he would introduce a motion to request Council's consideration of an increase in the size of the current Council. Councillor M. Galloway asked that the information he requested be brought forward at the same meeting. In response to questions, Mr. G. Sosnoski cautioned that if the intent was to make change for the 2006 Election, the timelines at this point would be very tight and likely unworkable. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That staff investigate decisions made by other municipalities regarding the size of their current Councils and the differences that have occurred since authority was given to municipalities under the new Municipal Act to adjust the size of their Councils, with a report to be provided at the September 26,2005 Finance and Corporate Services Committee meeting." Carried. Mayor C. Zehr advised that Regional Council has approved a one-year contract extension for operation and maintenance of the red light camera system in the Region. Councillor G. Lorentz referred to a letter received by members of Council from Regional Councillor T. Galloway, Chair of the Police Services Board, in reference to increased salary costs for Regional Police Services. Councillor Lorentz commented that hiring new Police Officers is important in order to keep pace with new development growth and the new salary program should not be used as a reason not to hire new officers. Mayor C. Zehr advised that Regional Council has agreed by resolution to consider funding options from within existing budgets to deal with increased salary costs; however, it has been suggested that the only internal alternative would be from salaries which may delay hiring of new officers. Councillor G. Lorentz raised concerns that the Region is now charging a $2 fee for transit maps and suggested the maps should be free to promote the use of transit buses. Councillor B. Vrbanovic commented that he agreed with Councillor Lorentz's remarks regarding funding of the increased salary costs for Police Services and suggested it is incumbent on the management of Police Services to find savings elsewhere in its budget. Councillor Vrbanovic also commented that in light of the discussion to be held at the September 26 Finance and Corporate Services Committee meeting regarding the size of Council, it may be an appropriate time for discussion as to the functionality of the current municipal structure. At the request of Councillor J. Gazzola, it was agreed to direct staff to approach the Region of Waterloo to consider placing a bus stop in the vicinity of the new Downtown Community Centre. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES SEPTEMBER 19, 2005 - 268 - CITY OF KITCHENER (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to provide for the establishing and laying out of part of Ridgemere Street as a public highway in the City of Kitchener. (e) Being a by-law to provide for the establishing and laying out of part of Fallowfield Drive as a public highway in the City of Kitchener. (f) To confirm all actions and proceedings of the Council. 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "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 J. Smola Seconded by Councillor G. Lorentz "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. 2005-173) (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. 2005-174) (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. 2005-175) (d) Being a by-law to provide for the establishing and laying out of part of Ridgemere Street as a public highway in the City of Kitchener. (By-law No. 2005-176) COUNCIL MINUTES SEPTEMBER 19, 2005 - 269 - CITY OF KITCHENER (e) Being a by-law to provide for the establishing and laying out of part of Fallowfield Drive as a public highway in the City of Kitchener. (By-law No. 2005-177) (f) To confirm all actions and proceedings of the Council. (By-law No. 2005-178) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:45 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 19, 2005 - 270 - 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 Ontario Street from Weber Street West to a point 45 metres south thereof; and further, That the Uniform Traffic By-law be amended accordingly. 2. That Council endorse the Preferred Alternative for the Ward's and Brigadoon Pond Schedule B Class Environmental Assessment, as detailed in the Executive Summary attached to Development & Technical Services Department report DTS-05-155; and, That the Director of Engineering Services, Development and Technical Services Department, be authorized and directed to file the Class Environmental Assessment (EA) Project File Report for the Ward's and Brigadoon Pond Study with the Municipal Clerk for a Thirty (30) day public review commencing September 26, 2005; and, That during the detailed design phase staff investigate the viability of creating one large pond in lieu of a number of off-line ponds, continue dialogue with the public throughout the design phase and report to Council in the Spring of 2006 with the results of public consultation and design options; and further, That the Director of Engineering Services, Development and Technical Services Department, be directed, upon completion of the public review, to prioritize the identified project within the context of the 10 year capital program. (Dealt with under Delegations and Carried, as Amended) 3. That the Design Brief for the School of Pharmacy, to be located at the corner of King Street West and Victoria Street South, dated September 12, 2005 attached as Appendix "A" to Development and Technical Services Department report DTS-05-124 be adooted, to provide the general basis for site plan development approvals; and, That prior to any future development approval to expand the Health Sciences Campus, Planning staff be directed to prepare an updated Design Brief for the Health Sciences Campus to ensure all development proposals are appropriately integrated with the School of Pharmacy campus and Downtown character; and further, That Planning and Communication staff be directed to initiate a public consultation process and communication plan for the School of Pharmacy Concept Plan, and report to Council for information and, if necessary, direction prior to final development approvals being granted. 4. That Demolition Control Application DC 05/08/P/SR requesting permission to demolish one duplex dwelling located at 579 Park Street, legally described as Part Lot 10, Plan 408, !:lli aooroved in principle, subject to the following conditions: 1. That the owner obtain final Site Plan Approval for a parking area not greater than 420 square metres and final Landscape Approval for the amenity area. 2. That the owner post securities, to the satisfaction of the Supervisor of Site Plan Development, to ensure implementation of plans approved in Condition 1. Upon satisfaction of the above noted condition, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. (Dealt with under Delegations and Carried) 5. That enforcement of the City's Zoning By-law be waived with respect to the use of a florist (sale of cut flowers) on the property zoned CR-2, 20H at 561 Oueen Street South and temporary occupancy be approved subject to the florist shop use vacating the location in the event that the entire site is not rezoned to permit this use as proposed in the implementation of the Mixed Use Corridor Official Plan policy; and further, COUNCIL MINUTES SEPTEMBER 19, 2005 - 271 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 5. (Cont'd) That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of this application. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement with the Chicopee Ski Club, 396 Morrison Road, Kitchener, subject to the satisfaction of the City Solicitor, for a 3 year license for the use of a portion of the Club's south parking lot for a leaf disposal and sweeper dumping site, as outlined in Community Services Department report CSD-05-1 02. 2. That the Terms of Reference for the CulturePlan II Implementation Teams be approved, as outlined in Appendices '1' and '2' attached to Community Services Department report CDS-05- 091. 3. That the following recommendation contained in Community Services Department report CSD- 05-104, be deferred and referred to the October 17, 2005 Community Services Committee meeting to allow additional information to be provided and surrounding neighbourhood residents to be notified: "That the Kiwanis Park Strategic Plan as prepared by MacKinnon & Associates and the OMS Group be received as information; and, That the findings and recommendations be accepted in principle; and, That the implementation plan be further considered during the preparation of the 2006- 2015 Capital Budget Forecast; and further, That the recommendations that came from the meetings to discuss dogs being allowed in Kiwanis Park, identified in the "Memorandum of Understanding", be accepted and considered during the preparation of the 2006-2015 Capital Budget Forecast." (As Amended) 4. That the matter of the winter enclosure at Your Kitchener Market be referred back to staff for further consideration and a report to Council by December 31,2005; and further, That Community Services Department staff work with produce vendors to provide the most comfortable interim location for the 2005-2006 winter season. (As Amended) FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest Inc. to hold a Fair or Exhibition Gaming Event from October 7 to October 15, 2005 at Bingeman's Marshall Hall, 425 Bingeman Centre Drive, Kitchener. 2. That the request of Kitchener-Waterloo Oktoberfest Inc. to allow the following vendors and/or activities to take place on City property be approved, provided the necessary licences, including Health and Fire approval, are obtained: - 1 Beer and Food Tent on Frederick Street; - 6 Food Vendors - five on Benton Street and one on Frederick Street; COUNCIL MINUTES SEPTEMBER 19, 2005 - 272 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) - 6 tents/stages/activity areas - five on Benton Street and one in the parking lot on Goudie's Lane; and, That those selling food provide proof of insurance naming the City as an additional insured; and further; That building permits for any tents, if required, are obtained. 3. That Council Policy 1-130 (Board & Committee - Standing Committees) and Council Policy 1- 105 (Finance and Corporate Services Committee - Terms of Reference) be amended to remove any and all reference to the term 'Strategic Services' to be replaced by the term 'Chief Administrator's Office'. 4. That the proposed design of the City's Oktoberfest Parade submission be approved and staff proceed with construction of the float. 5. That the Customer Service Manager be hired immediately, funded through over-expenditure for the remainder of 2005, and funded from within the existing FTE's in the 2006 budget. 6. That after review and consideration of the amendments to the Dog Owners' Liability Act, the City continue to enforce the provisions of By-law 2004-265 (Dogs) with respect to pit bulls; and further, That Communications staff be directed to inform the public, through a newspaper advertisement or media release, of the continued application of the City's By-law 2004-265 (Dogs) and some of the new provisions of the Dog Owners' Liability Act. 7. That the supply component of the natural gas rates be increased to 27.7 cents per cubic meter from 25.9 cents per cubic meter for system gas customers of the City of Kitchener, effective October 1, 2005. HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-IV-011 (410 King Street West) be aooroved to permit the installation of seven vinyl banner signs to be located on the King Street fac;;ade of 1911 and 1925 building phases, and the Victoria Street fac;;ade of the 1925 building phase of the former Kaufman Footwear factory, subject to the method of attaching the banner signs not being invasive to the historic masonry, the mounting brackets being modified so that they are only affixed into the building's mortar and not the bricks, and that the banner signs be capable of being removed in the future without causing permanent damage to the historic building fabric; all as shown on the plans and specifications submitted with the application, attached as Appendix 'A' to Development and Technical Services Department report DTS-05-147. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-IV-012 (393 Tilt Drive) be aooroved to permit the addition of a front porch as shown on the plans submitted with the application, attached as Appendix "B" to Development and Technical Services Department report DTS-05-149. 3. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-V-013 (57 Jubilee Drive) be aooroved to permit the construction of a fascia sign, as shown on the drawings submitted in support of the application, attached as Appendix 'A' to Development and Technical Services Department report DTS-05-146, subject to the following conditions: COUNCIL MINUTES SEPTEMBER 19, 2005 - 273 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 3. (Cont'd) a) That the method of attaching the fascia sign not be invasive to the historic masonry, and the sign be capable of being removed in the future without causing permanent damage to the historic building fabric, to the satisfaction of the Heritage Planner; and further, b) That the background base colour shall be classic forest green and shall be approved by the Heritage Planner before construction of the sign. COUNCIL MINUTES SEPTEMBER 19, 2005 - 274 - 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. Execution of Encineerinc Acreement - Vista Ridce Subdivision At the request of Councillor C. Weylie the subdivision number referenced in the staff recommendation was revised to read #30T-95016 from #30T-89017 to correct a typographical error. 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 Vista Ridge Subdivision, D.P. #30T-95016." 2. Various Tenders Dealt with under Delegations. 3. Access to Ontario Ministrv of Natural Resources (OMNRl Dicital Data Council considered Development & Technical Services Department report DTS-05-158 (J. Will mer / J. Given / N. Steinfield), dated September 12, 2005. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the Ontario Ministry of Natural Resources (OMNR) for permission for the City to use OMNR data for municipal planning purposes." 4. Aoolications for Cancellation Refund Reduction or Levv of Taxes Council considered Financial Services Department report FIN-05-029 (P. Houston), dated September 13, 2005. It was resolved: "That applications for cancellation, reduction, refund or levy of taxes, totaling $150,929.99, as attached to Financial Services Department report FIN-05-029, be approved, pursuant to Section 357 of the Municipal Act." 5. Uncollectible Utilitv Accounts - Write Off Council considered Financial Services Department report FIN-05-031 (P. Houston), dated September 13, 2005. It was resolved: "That Uncollectible Utility Accounts, amounting to $88,438.65, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables. " COUNCIL MINUTES SEPTEMBER 19, 2005 - 275 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Uncollectible Receivables - Write Off Council considered Financial Services Department report FIN-05-030 (P. Houston), dated September 13, 2005. It was resolved: "That Uncollectible Receivables, amounting to $10,795.28, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables. " 7. Sian Bv-Iaw - Municioal Act 2001 - Comoliance Review Council considered Corporate Services Department report CRPS-05-137 (J. Sheryer), dated September 13, 2005. It was resolved: "That The Corporation of the City of Kitchener hereby requests the Regional Municipality of Waterloo to enact a sign by-law effective December 31, 2005 with provisions mirroring those of the City of Kitchener's sign by-law to apply in the geographic limits of Kitchener to the 800 meter corridors along Regional roads in which the Region has authority to enact sign by-laws; and, That The Corporation of the City of Kitchener hereby requests that the Regional Municipality of Waterloo provide that enforcement of the above-mentioned by-law may be by municipal law enforcement officers / by-law enforcement officers appointed by the Council of The Corporation of the City of Kitchener with any fine revenue resulting from such enforcement to be retained by Kitchener; and further, That The Corporation of the City of Kitchener hereby requests that the Regional Municipality of Waterloo permit the above-mentioned by-law provisions applying within the geographic limits of the City of Kitchener to be administered by staff of The Corporation of the City of Kitchener at the expense of The Corporation of the City of Kitchener with Kitchener to retain any resulting revenue."