Loading...
HomeMy WebLinkAboutCouncil - 2005-12-12 COUNCIL MINUTES DECEMBER 12, 2005 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "0 Canada" by the 472nd Kitchener Brownies and 48th Girl Guides, led by vocalist Margaret McVey. On motion by Councillor J. Smola, the minutes of the regular meeting held November 28, 2005 and special meetings held November 28 & December 5, 2005, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, Councillor G. Lorentz disclosed a pecuniary interest at the in-camera meeting of City Council held earlier this date respecting a matter involving solicitor-client privilege. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated October 18, 2005, from E. Witmer, MPP, Kitchener-Waterloo, acknowledging receipt of Council's resolution regarding funding for Cambridge Memorial Hospital. 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 this date a revised report for Council's consideration regarding Ouotation 005-060 (Pay and Display Machines). Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Tender T05-036, Two (2) Triple Combination Fire Pumpers, be awarded to Resqtech Systems, Inc., Woodstock, Ontario, at their tendered price of $1,095,680., including G.S.T." - and - "That Expression of Interest E05-033, Legal Services - Environmental Law, be awarded to the following Legal Firms, and that the firms be registered for appointments as required: Birchall Northey, Toronto; Cassels Brock & Blackwell LLP, Toronto; Davis & Company LLP, Toronto; Dianne Saxe Professional Corporation, Toronto; Hodgson Post LLP, Hamilton; Joseph F. Castrilli, Toronto; and Willms & Shier Environmental Lawyers LLP, Toronto." - and - "That Expression of Interest E05-085, Consultant Services - Advisory Services for the Procurement and Management of Natural Gas Supply, be awarded to ECNG Limited Partnership, Burlington, Ontario at their estimated fee not to exceed $214,000., including G.S.T., for a three (3) year period commencing February 151, 2006, with an option to renew for two (2) additional one-year terms, based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E05-091, Consultant Services - Centre Block Additional Testing - Supplementary Phase II Environmental Site Assessment and Designated Substance Surveys, be awarded to Frontline Environmental Management Inc., Kitchener at their estimated fee of $46,253.96., including a contingency of $4,750. & G.S.T." - and - "That Ouotation 005-060, Pay and Display Machines, be awarded to Precise Parklink, Toronto, Ontario at their quoted price of $40,301.55, including G.S.T." Carried. COUNCIL MINUTES DECEMBER 12, 2005 - 363 - CITY OF KITCHENER Mayor C. Zehr presented a City of Kitchener service pin to Councillor M. Galloway in recognition of his 5 years service as Ward Councillor in South Ward (4). Mr. B. Green, GSP Group, requested an exemption to a requirement of Chapter 842 (Hedges / Other Objects - Traffic Hazards) of the Municipal Code, for a driveway visibility triangle relative to Site Plan Application SP05/119K/BB for 914 King Street West. Mr. Green advised that his client proposes to provide 10 rear parking spaces with access to Dodd's Lane, and landscaped buffers on both sides of the rear yard. He stated that the requirement for a visibility triangle will impede redevelopment by resulting in the loss of 3-4 of the required 10 parking spaces. He pointed out that Dodd's Lane, between Union and Pine Streets, is not a through laneway and is used for specific destination to rear yard parking lots of businesses fronting King Street. He expressed the opinion that the regulations intended for driveway access and visibility to public streets should not apply to lanes that provide no through-traffic function. Mr. Green circulated this date a recommendation to approve the requested exemption for Council's consideration. Mr. J. Willmer, Director of Planning, advised that Transportation Planning staff maintain that for reasons of safety the requirement for a visibility triangle should be upheld, pointing out that compliance is not dependent on the volume of the approach traffic but rather ensures adequate sight lines for both exiting vehicles and approaching vehicles, cyclists and pedestrians. Mr. Willmer noted that an exemption, if granted, should be based on distinguishing factors as it is a single lane driveway as opposed to a public street and is not a through lane; and other businesses on the lane with rear yard parking lots currently do not have visibility triangles. At the request of Councillor J. Gazzola, staff were directed to investigate the feasibility of amending the Municipal Code requirements for visibility triangles as they relate to single lane driveways with no through access to a public street. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That subject to landscaping buffers being provided on either side of the rear yard and one ingress / egress only from Dodd's Lane being maintained, Site Plan Application SP05/119K/BB be exempt from the requirement of a driveway visibility triangle to Dodd's Lane, as set out in Chapter 842 (Hedges / Other Objects - Traffic Hazards), Article 2.3(b) of the City's Municipal Code, based on the distinguishing factors that the lane is a single driveway and is not a through lane; and other businesses on the lane with rear yard parking lots currently exist without driveway visibility triangles." Carried. Ms. L. Schultz, Lower Doon Neighbourhood Association, attended in regard to Clause 5 of the Community Services Committee report of this date, dealing with a public consultation process on development options for Doon Valley Golf Course, expressing appreciation for the opportunity given to her Association to participate as part of the Project Team. Ms. Schultz also relayed concerns regarding the impact development of a third residential subdivision would have on traffic patterns in the Lower Doon area and asked that the golf course table lands be preserved rather than sold for financial gain. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, Clause 5 of the Community Services Committee report of this date was brought forward directing staff to proceed with a public consultation process on development options for Doon Valley Golf Course. Councillor G. Lorentz noted that staff provided members of Council with a revised schedule for the consultation process, advising that two public open houses will be held on January 25 and April 5, 2006, with a report to the Community Services Committee in late May and subsequent decision of Council by the end of June 2006. In response to a question, Ms. Schultz advised that the Lower Doon Neighbourhood Association concurs with the April 5 date for the second public open house. At the request of Mayor C. Zehr, it was agreed to amend the second paragraph of the motion to include the schedule of dates for the public consultation and Committee process. Councillor J. Gazzola raised concerns that the timelines may be too strict to allow sufficient public input to be gathered from across the community as a whole. Ms. A. Pappert gave assurances that COUNCIL MINUTES DECEMBER 12, 2005 - 364 - CITY OF KITCHENER the end date for decision of Council is flexible and if needed, the timeline would be extended. Councillor Gazzola also asked that staff provide reports at least two weeks in advance of consideration for significant issues, such as the golf course. Mayor C. Zehr noted that a protocol for submission of significant reports is currently being developed by staff. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 5 of the Community Services Committee report of this date be adopted, as amended to include the schedule of dates for the public consultation and Committee process on development options for the Doon Valley Golf Course." Carried. Mr. D. Steffler, member of the People's Car Co-operative Inc., attended in support of Clause 1 of the Environmental Committee report of this date, regarding approval of grant funding to the Car Co- operative. Mr. Steffler advised that the grant funding will be used for the organization's Bike Share Network program, to provide a multi-modal transportation system by integrating cycling with public transit and car sharing. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the report of the Environmental Committee be adopted." Carried. Ms. S. Jovanovic, resident, spoke in regard to Item B.5 of the Committee of the Whole agenda of this date, dealing with applications for cancellation, refund, reduction or levy of taxes, as it relates to 16 Knell Drive. Ms. Jovanovic asked that the refund in taxes applicable to the subject property be calculated from January 2005 rather than from May to December as the dwelling on the subject property was declared uninhabitable in January. Ms. P. Houston, General Manager of Financial Services & City Treasurer, noted that the list of tax cancellations is provided by the Municipal Property Assessment Corporation (MPAC) and advised that she would have to investigate further as to the discrepancy in dates. At the request of Mayor C. Zehr, Ms. Houston agreed to work with Ms. Jovanovic to resolve this matter with MPAC and in the interim, Ms. Jovanovic agreed that the application as recommended should proceed to ensure a refund is received for at least the months of May to December. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the applications to City Council for cancellation, reduction, refund or levy of taxes, totaling $207,050.22, as attached to Financial Services Department report FIN-05-046, be approved, pursuant to Section 357 of the Municipal Act." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Councillor J. Gazzola referenced a letter previously circulated to members of Council from Ms. M. Linnington, area resident, regarding Clause 7 of the Development & Technical Services Committee report of this date, dealing with endorsement of a recommended plan for traffic calming measures on Kingswood Drive. Ms. Linnington's correspondence outlined a number of concerns regarding the public survey process and the impact of traffic calming measures to the surrounding road network in the Kingswood area. COUNCIL MINUTES DECEMBER 12, 2005 - 365 - CITY OF KITCHENER Councillor J. Gazzola advised that he was satisfied that staff are dealing with the concerns raised, noting that the traffic calming measures will be installed on a temporary basis and the public further consulted as to their effectiveness prior to consideration of permanent installation. Councillor G. Lorentz raised concerns with the proposed phasing in of traffic calming measures over a 2-3 year period. At the request of Mayor C. Zehr, staff were directed to provide further clarification prior to consideration of permanent installation of the traffic calming measures, as to the criteria to be used in the selection process; how the funding will be applied; and the project timing. The Development & Technical Services Committee report was then voted on Clause by Clause. Clause 7 - 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." Councillor J. Gazzola asked to be recorded as opposed to Clause 2 of the report, dealing with an agreement between the City and the Region of Waterloo to provide summer and winter maintenance services on selected Regional roads over a three-year period. It was his opinion that a decision regarding this agreement should be made at the beginning of a Council term so as not to be in a position of binding a future Council. Councillor J. Gazzola also asked to be recorded as opposed to Clause 3 of the report, dealing with an allocation of funding to develop a Community Investment Strategy, as it was his opinion there was no value in undertaking another study of the grant process. Ms. A. Pappert advised that the Strategy Study will provide opportunity to explore criteria / methodology for introducing new funding options and in particular, expansion of partnership options. Councillor G. Lorentz spoke in favour of Clause 3 of the report, commenting that there is need to explore alternate funding options to address the needs of organizations that are deserving of funding but no not meet existing criteria. At the request of Councillor C. Weylie, it was agreed to amend Clause 6 of the report, dealing with grant funding for the Downtown East 'Ya Gotta Luv It' project, to remove the phrase 'representing the City of Kitchener's final contribution to this project' from the third line of the motion. Councillor J. Smola asked to be recorded as opposed to Clause 6 of the report, as the Neighbourhood Mobilization Alliance Group (established by the Mount Hope / Breithaupt Park Neighbourhood Association), provides a similar service and does not receive grant funding. In regard to Clause 7 of the report, dealing with a bid to host the 2006 Canadian Open Chess Championships and Youth Tournament, Councillor J. Gazzola advised that he had asked for a comparative report on practices of other municipalities that was not received. Ms. A. Pappert advised that staff were unable to gather the requested information in time for this meeting and would likely be unable to provide it prior to the January 9, 2006 committee meetings. Mr. K. Baulk responded to a question of deferral and advised that the item is time sensitive as other locations have expressed an interest in providing the venue for these games. Council considered this date Community Services Department report CSD-05-166 (E. Harris), dated December 6, 2005, regarding Clause 8 of the Community Services Committee report, dealing with an outstanding loan by J.M. Drama Alumni for use of 122 Frederick Street (The Registry Theatre). The report provides a revised staff recommendation wherein it is proposed to forgive the outstanding loan amount and revise the lease rate paid for use of the Theatre. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, it was agreed to replace the deferral motion in Clause 8 of the report with the staff recommendation in report CSD-05-166, to provide forgiveness of the outstanding loan of $75,000. by J.M. Drama Alumni and revision to the lease rates paid by the organization for use of the Theatre. COUNCIL MINUTES DECEMBER 12, 2005 - 366 - CITY OF KITCHENER At the request of Councillor M. Galloway, it was agreed to amend Clause 10 of the report, dealing with 2006 capital and operating funding at the Kitchener Market, by separating the second paragraph as a new Clause 11 to the report, to allow each part to be voted on as a separate motion. Councillors M. Galloway and J. Gazzola requested to be recorded as opposed to Clause 10 of the report, as amended, dealing with an allocation of funding in 2006 for immediate capital requirements at the Kitchener Market, commenting that alternate methods of support for the Market other than financial, should be explored. Councillor J. Gazzola also requested to be recorded as opposed to the new Clause 11 of the report, dealing with an addition of funding to the 2006 operating budget of the Kitchener Market for salary adjustments, for reasons as outlined above relative to Clause 10. The Community Services Committee report was then voted on Clause by Clause. Clauses 2, 3 & 7 - Carried. Clauses 6, 10 & 11 - Carried, as Amended. Clause 8 - Carried Unanimously, as Amended. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Voted on Clause by Clause. Clause 4 - Carried Unanimously, on a Recorded Vote. Balance of report - Carried. Councillor B. Vrbanovic circulated this date a copy of the Federation of Canadian Municipalities (FCM) Federal election platform, entitled 'Partnership for Prosperity - Election 2006, Canada's Communities: Keys to our Prosperity'. Councillor Vrbanovic noted key recommendations proposed by FCM in their election platform relative to municipal concerns that they would like addressed by the governing political body. He advised that, as the City's FCM representative, he would continue to advise and work with Council in responding to the municipal agenda during this Federal election campaign. Councillor M. Galloway requested that staff report to the January 9, 2006 Finance and Corporate Services Committee meeting as to the status of repairs to the Mayfair Hotel elevator. Mayor C. Zehr referred to two issues reported in Association of Municipalities of Ontario (AMO) Alerts, firstly relating to the Town of Essex's call to amend the Negligence Act as it relates to municipal liability for insurance policies to provide where negligible, the municipality would be responsible for up to 50% of a claim as opposed to 100%. Mayor Zehr requested that staff report at the January 9 Finance and Corporate Services Committee meeting as to how the City of Kitchener could lend support to this initiative. Secondly, Mayor Zehr advised that the AMO is in support of an initiative by the Ministry of Municipal Affairs & Housing to reform the Planning Act, primarily as it relates to the role and responsibilities of the Ontario Municipal Board, wherein planning decisions made by democratically elected and accountable municipal governments should only be overturned by a provincially appointed body in limited circumstances; and in addition, the incorporation of planning tools that will help promote intensification and brownfield redevelopment. Mayor Zehr advised that staff will report to a future Development & Technical Services Committee meeting as to an appropriate municipal response to the proposed changes. COUNCIL MINUTES DECEMBER 12, 2005 - 367 - CITY OF KITCHENER Councillor J. Gazzola referred to the recently unveiled commissioned artwork of the 2003 Artist in Residence, Michael J. Ambedian, entitled 'Sawdust Angelus'. Councillor Gazzola commented that he had hoped a more prominent location would be chosen in City Hall for its display and was advised that the artwork was placed in its current location at the request of the Community Services Department. Council agreed to a request by G. Sosnoski, General Manager of Corporate Services & City Clerk, to delete the zoning amending by-law (City / JHS Properties Inc.) listed on the agenda as Items 9.1) and 12.1) in error as all conditions of approval have not yet been satisfied, and to sequentially renumber any subsequent by-laws listed on the agenda; and to add two zoning amending by-laws for three readings this date relative to Clauses 4 and 6 of the Development & Technical Services Committee report. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to exempt certain lots from Part Lot Control - Lots 23 and 24 - Registered Plan 58M-301 - Dubrick Crescent. (e) Being a by-law to exempt certain lots from Part Lot Control- Part Block 95, Registered Plan 58M-226 - Chestnut Hill Crescent. (f) Being a by-law to exempt certain lots from Part Lot Control - Part Block 17, Registered Plan 1822 - Orchid Crescent. (g) Being a by-law to amend By-law 2003-239 to extend the time period for exemption from Part Lot Control - Part Blocks 1, 3 and 5, Registered Plan 58M-300 - Snowdrop Crescent, Red Clover Crescent and Purple Sage Crescent. (h) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (i) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (j) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (k) Being a by-law to provide for the widening of part of Young Street as a public highway in the City of Kitchener. (I) To confirm all actions and proceedings of the Council. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - TL V Developments Inc. - Woolner Drive. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lotco Limited, 1094 Glasgow Street. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES DECEMBER 12, 2005 - 368 - CITY OF KITCHENER 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 C. Weylie Seconded by Councillor J. Gazzola "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. 2005-218) (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. 2005-219) (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. 2005-220) (d) Being a by-law to exempt certain lots from Part Lot Control - Lots 23 and 24 - Registered Plan 58M-301 - Dubrick Crescent. (By-law No. 2005-221) (e) Being a by-law to exempt certain lots from Part Lot Control- Part Block 95, Registered Plan 58M-226 - Chestnut Hill Crescent. (By-law No. 2005-222) (f) Being a by-law to exempt certain lots from Part Lot Control - Part Block 17, Registered Plan 1822 - Orchid Crescent. (By-law No. 2005-223) (g) Being a by-law to amend By-law 2003-239 to extend the time period for exemption from Part Lot Control - Part Blocks 1, 3 and 5, Registered Plan 58M-300 - Snowdrop Crescent, Red Clover Crescent and Purple Sage Crescent. (By-law No. 2005-224) (h) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (By-law No. 2005-225) (i) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (By-law No. 2005-226) COUNCIL MINUTES DECEMBER 12, 2005 - 369 - CITY OF KITCHENER (j) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2005-227) (k) Being a by-law to provide for the widening of part of Young Street as a public highway in the City of Kitchener. (By-law No. 2005-228) (I) To confirm all actions and proceedings of the Council. (By-law No. 2005-229) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - TL V Developments Inc. - Woolner Drive. (By-law No. 2005-230) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lotco Limited, 1094 Glasgow Street. (By-law No. 2005-231) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:25 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER 12, 2005 - 370 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That an all-way stop control be installed at the intersection of St. Leger Street and Wellington Street North; and further, That the Uniform Traffic By-law be amended accordingly. 2. That an all-way stop be installed at the intersection of Huron Road and Strasburg Road; and further, That the Uniform Traffic Control By-law be amended accordingly. 3. That the Province be requested to amend its legislation to remove the requirement for Environmental Assessments for the implementation of traffic calming measures; and further, That the aforementioned request be circulated to the Association of Municipalities of Ontario and all Ontario municipalities having a population of greater than 100,000. 4. That Zone Change Application ZC OS/20/W/BB (173 Woolner Drive) for the purpose of changing the zoning from Residential Three Zone (R-3) and Residential Three Zone (R-3) with special regulation provision 175R to Residential Three Zone (R-3) with special regulation provision 437R; Residential Three (R-3) with special regulation 438R; Residential Three (R-3) with special regulation 175R and Residential Three Zone (R-3) with special regulation provisions 175R and 437R on lands legally described as Part of Lots 117, 118 & 124, G.C.T., Part of Lot 12, R.P. 591, in the City of Kitchener, be aooroved in the form shown in the "Proposed By-law" dated November 18, 2005, attached to Development and Technical Services Department report DTS-05-198, without conditions. 5. That the recommendation contained in Development and Technical Services Department report DTS-05-194, dated November 28,2005, regarding Plan of Subdivision 30T-98204, ~ aooroved, subject to removing the word "updated" before the words "noise study" in the first line of Regional Municipality of Waterloo condition #5. 6. That the recommendations for the modification to plan of subdivision 30T-88015 and zone change application ZC 05/02/G/BS (1094 Glasgow Street) as contained in Appendix A to Development and Technical Services Department report DTS-05-195-PL be approved. 7. That the Recommended Plan as detailed in the Executive Summary in Development and Technical Services Department report DTS-05-193, be endorsed; and, That the Class B Environmental Assessment (EA) Project File Report for the Kingswood Drive Traffic Calming Study be filed with the City Clerk for a thirty (30) day public review commencing December 13, 2005; and, That the Recommended Plan be installed on a temporary basis to monitor the operation of winter maintenance and to be implemented on a permanent basis as funds permit; and further, That prior to any permanent traffic calming measures being installed, staff solicit input from the residents as to the effectiveness of the temporary measures and the desirability of installing these measures permanently. 8. That the preferred design alternative (Alternative F) for Draft Plan of Subdivision 30T -04201 (Hidden Valley), as set out in the Executive Summary in Development and Technical Services Department report DTS-05-206 be aooroved, and the Schedule 'B' Class Environmental Assessment Report for this project be filed with the City Clerk for the mandatory 30 day public review period. 9. That Development and Technical Services Department report DTS-05-205 regarding an update to the City of Kitchener's Neighbourhood Design Initiative and Design Brief for Subdivisions be received for information; and further, COUNCIL MINUTES DECEMBER 12, 2005 - 371 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) That any Planning Reports submitted in support of, or containing recommendations on, new plan of subdivision applications should include a dedicated section that identifies how the proposed development addresses the current Neighbourhood Design Guidelines within the City of Kitchener Urban Design Manual. 10. That a comprehensive community engagement process on growth management form the next phase in the development of a growth management strategy for Kitchener. 11. That enforcement of the City's Zoning By-law be waived with respect to the requirement for an off-street parking agreement to accommodate the required parking at 9 Pleasant Avenue, and temporary occupancy be approved; subject to the office ancillary to a hospital vacating the location in the event that the entire site is not granted minor variance approval to allow 9 Pleasant Avenue to enter into an off-street parking agreement with St. Mary's Hospital; and further, 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 list of Neighbourhood Associations, as attached to Community Services Department report CSD-05-154, be approved for affiliation with the City of Kitchener for 2006. 2. That the Mayor and Clerk be authorized to execute an agreement with the Regional Municipality of Waterloo, satisfactory to the City Solicitor, for the City of Kitchener to provide summer and winter maintenance services on selected Regional Roads within the City of Kitchener for a period of three years commencing January 1, 2006, with an option to extend the agreement for two additional years, as outlined in Community Services Department report CSD-05-152. 3. That subject to 2006 capital budget deliberations, $85,000. be allocated to a budget envelope entitled "Community Investment Strategy", as outlined in Community Services Department report CSD-05-164; and further, That subject to 2006 capital budget deliberations, the "Community Investment Strategy" be referred back to staff to detail its terms of reference to be presented to a future Community Services Committee meeting before proceeding. 4. That a one-time general provision grant of $1,500. be approved to the Historic St. Paul's Lutheran Church for a Christmas concert to be held on December 16 and/or 17,2005. 5. That staff be directed to seek public input on development options for Doon Valley Golf Course, as outlined in Community Services Department report CSD-05-025; and further, That in consultation with Doon Valley Golf Course area residents and stakeholders staff report by May 2006 to the Community Services Committee as to the results of public consultation meetings to be held January 25 and April 5, 2006, with a final decision of Council to follow by the end of June 2006, or as soon thereafter as is practical. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES DECEMBER 12, 2005 - 372 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 6. That subject to 2006 operating budget deliberations, a $15,000. Community Development Infrastructure Program (CDIP) grant, be approved to the Downtown East, "Ya' Gotta Luv It" Project, as outlined in Community Services Department report CSD-05-155. (As Amended) 7. That the City of Kitchener supports the Kitchener Waterloo Chess Club's bid to host the 2006 Canadian Open Chess Championships and Youth Tournament, as outlined in Community Services Department report CSD-05-159; and further, That subject to the tournament being hosted in Kitchener, a grant of $20,000. (cash) be approved, with funding to be allocated from unused funds available in the 2005 General Provision Grant account. 8. That the outstanding loan for $75,000 owed by J.M. Drama Alumni to the City of Kitchener be forgiven in full as requested in the letter from J.M. Drama Alumni's representative, dated November 15, 2005, to be funded from the Community Loans Fund; and, That the Mayor and Clerk be authorized to execute an amendment to the current lease agreement with J.M. Drama Alumni, dated October 5, 2000 confirming that $75,000 of the loan is forgiven in full with no penalty, interest or adverse consequence to J.M. Drama Alumni under the lease agreement and further setting out the market lease rate to be paid by J.M. Drama Alumni for the first option term of the lease agreement being the period of December 1, 2005 to November 31,2010, satisfactory to the City Solicitor; and further, That the General Manager of Community Services be instructed to work with J.M. Drama Alumni in developing increased public rental rates of The Registry Theatre, and to report back to Council. (Carried Unanimously, as Amended) 9. That subject to the 2006 capital budget deliberations, $40,000. in 2006 and $85,000. in 2007 be added to the Capital Forecast for replacement of windows and reconstruction of the parking lot and entrance to 122 Frederick Street, as outlined in Corporate Services Department report CRPS-05-167. 10. That subject to 2006 capital budget deliberations, $894,000. be shown as an envelope budget to the Capital Forecast in 2006 to address immediate capital requirements at the Kitchener Market, as outlined in Appendix 2 of Community Services Department report CSD-05-163. (As Amended) 11. That subject to 2006 operating budget deliberations, $23,000. be added in 2006 to the operating budget of the Kitchener Market to address salary adjustments. (As Amended) FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That the Offer to Purchase be accepted from J.T. Bakeries Inc. for approximately .925 acres of the City's Site 164 on Strasburg Road in the Huron Business Park at the price per acre of $125,000, for a total purchase price of approximately $115,625; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor to complete the transaction. COUNCIL MINUTES DECEMBER 12, 2005 - 373 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. That subject to the 2006 capital budget deliberations, $237,000. be added to the Capital Forecast for improvements to 35 Weber Street West (Downtown Community Centre), ($202,000. - Facilities Management; $35,000. - Community Services), in the years and amounts outlined in Corporate Services Department report CRPS-05-183 (L. Proulx / C. Sadeler). 3. That the Fire inspection and permit fees, contained in the 2006 Comprehensive Fee Review and Financial Services Department report FIN-05-039 (D. Chapman), be approved effective January 1, 2006. 4. That staff be directed to complete a business case for the new Twin Pad Arena, targeted for completion in June 2008, incorporating the Hanson Avenue Snow Dump site as the preferred location; and further, That the City-owned site at Huron / Fischer-Hallman Roads be considered for any future twin pad arena referenced in the Leisure Facilities Master Plan which Council may elect to construct; and, that staff have regard to this in relation to any necessary preparatory planning, business or strategic requirements. (Carried Unanimously, on a Recorded Vote) ENVIRONMENTAL COMMITTEE - 1. That Community Environmental Improvement Grants, to be funded from the Environmental Stewardship Capital Account, be awarded in 2005 as follows: $2,000. to the K-W Collegiate Vocational Institute; $2,400. to the Franklin Public School Greening Project Committee; $3,000. to the People's Car Co-operative Inc.; and, $2,600. to the Evergreen: Learning Grounds Program (Waterloo Region). (Dealt with under Delegations and Carried) COUNCIL MINUTES DECEMBER 12, 2005 - 374 - 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 Decisions - Various It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Jason McLennon, wherein the Committee hereby affirms the designation of Prohibited Dog applied to 'Indica', a dog owned by Jason McLennon, be ratified and confirmed." - and - "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Todd Regular, wherein the Committee rescinds the designation of Prohibited Dog applied to 'Rover', a dog owned by Todd Regular, be ratified and confirmed." 2. Aooointment - K-W Svmohonv ReDresentative to Centre in the Sauare Board Further to the appointments to various Boards and Committees made by Council on November 21, 2005, Council considered a request from Mr. J. Grant, General Manager, Centre in the Square on behalf of the Kitchener-Waterloo Symphony, to appoint Mr. Jim Hallman as its representative on the Centre in the Square Board. It was resolved: "That Mr. Jim Hallman be appointed as the Kitchener-Waterloo Symphony representative on the Centre in the Square Board of Directors for a three year term commencing January 1,2006." 3. Various Tenders Dealt with under Delegations. 4. Reauest to Lease Soace at Citv Hall - Ministrv of Municioal Affairs & Housina Council considered Corporate Services Department report CRPS-05-182 (L. Proulx), dated December 7, 2005, concerning a request by the Ministry of Municipal Affairs & Housing to lease office space at City Hall. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor for the leasing of one office at City Hall of approximately 120 square feet, to the Ministry of Municipal Affairs and Housing [MAH] at fair market value." COUNCIL MINUTES DECEMBER 12, 2005 - 375 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Aoolications for Cancellation Refund Reduction or LeVY of Taxes Dealt with under Delegations. 6. Land Exchanae - 1038 Hidden Vallev Road Council considered Corporate Services Department report CRPS-05-184 (F. McCrea), dated December 7, 2005, concerning a proposed land exchange involving 1038 Hidden Valley Road. It was resolved: "That a portion of the lands owned by the City of Kitchener abutting the lands known as 1038 Hidden Valley Road and described as Part of Lot 3, Registrar's Compiled Plan 1522 designated as Part 5 on Reference Plan 58R-15056, comprising approximately 0.74 hectares be declared surplus to the City's needs; and further, That the Mayor and Clerk be authorized to execute a land exchange agreement with Peter D. Kruse, in Trust wherein the lands above are conveyed to Peter D. Kruse, in Trust in exchange for two parcels of land more particularly described as Part of Lot 8, Registrar's Compiled Plan 1519 designated as Parts 2 and 4 on Reference Plan 58R- 15056, comprising approximately 0.5 hectares (Part 4) and 5.37 hectares (Part 2), substantially in the form attached, on terms and conditions satisfactory to the City Solicitor." 7. Trust Fund Aareements - Donation of Funds in Suooort of Arts & Culture Council considered Financial Services Department report FIN-05-045 (P. Houston), dated December 6, 2005. It was resolved: "That the Mayor and Clerk be authorized to execute a Deed of Gift Agreement with the Kitchener Waterloo Community Foundation and 1258703 Ontario Limited and an Advisor Agreement with 1258703 Ontario Limited, both to the satisfaction of the City Solicitor and City Treasurer, for the purposes of the City holding funds in trust to be disbursed for the benefit of arts and culture within the City of Kitchener." 8. Committee of Adiustment Decisions - Various Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held December 6, 2005. It was resolved: "That the application of the Waterloo Catholic District School Board (Submission No. SG 2005-015 - 245 Lorne Avenue) requesting permission to construct a ground sign with an area of 4.6 sq. m. (49.51sq.ft.) rather than the maximum permitted 4 sq. m. (43.05 sq. ft.) on Part Lots 21 to 27, Plan 25, Part Lot 6, Plan 371, and Part Lots 64 & 66, Subdivision of Lot 18, German Company Tract, 245 Lorne Avenue, Kitchener, Ontario, BE APPROVED." - and - COUNCIL MINUTES DECEMBER 12, 2005 - 376 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Committee of Adiustment Decisions - Various - (Cont'dl "That the application of the Waterloo Catholic District School Board (Submission No. SG 2005-016 - 118 Shea Crescent) requesting permission to construct a ground sign with an area of 4.6 sq. m. (49.51sq.ft.) rather than the maximum permitted 4 sq. m (43.05 sq. ft.) on Block B, Registered Plan 1242, 118 Shea Crescent, Kitchener, Ontario, BE APPROVED." 9. Amendment to Pre-Aooroved Performer Aareement (Festival of the Niahtl Council considered this date Community Services Department report CSD-05-165 (J. Marshall), dated December 1,2005, recommending an amendment to an earlier Council resolution to authorize execution of a Performer Agreement in place of a Talent Agreement. It was resolved: "That the Facilitator of Special Events be authorized to increase the amount payable to 'The Trews' within the Pre-Approved Performer Agreement for Festival of the Night for a total of $10,000.; and further, That the schedule attached to the Pre-Approved Performers Agreement be amended to allow The Trews' manager to bind the performers." 10. Termination of Interest - Sun Life of Canada - Policv No. 50518 The following resolution arose from in-camera discussion this date. It was resolved: "That the Mayor and Clerk be authorized to execute the necessary documentation with Sun Life Assurance Company of Canada and Sun Life Financial Services of Canada Inc. to formally terminate the City's interest in Sun Life of Canada Policy No. 50518."