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HomeMy WebLinkAboutCouncil - 2006-03-20COUNCIL MINUTES MARCH 20, 2006 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor G. Lorentz. The meeting began with the singing of "0 Canada" by Taylor Jasztrab, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held February 27, 2006 and special meetings held February 27 and March 6, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. ~. Stecho, Supervisor of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That Expression of Interest E06-022, Consultant Services -Victoria Park -Survey and Base Plan Preparation, be awarded to Northway -Photomap Inc., Don Mills, Ontario at their estimated fee of $49,755., including G.S.T." - and - "That Tender T06-002, Road and Surface Construction, be awarded to Four Seasons Site Development Ltd., Mississauga, at their tendered price of $3,912,359.24, including G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Awards of Merit and Certificates of Service were received by the following individuals in recognition of serving on special Committees and Boards under the jurisdiction of City Council. Mayor C. Zehr and individual members of Council presented the awards /certificates to the recipients in attendance this date. A Certificate of Service is given for up to five years of service and an Award of Merit for service in excess of five years. Award of Merit Certificate of Service Scott Baird Graham Yeates Manfred Conrad Jane Jantzi Shawky Fahel Virginia Eichhorn James Wilkes Ms. J. Hutchison, Facilitator of Volunteer Resources /Community Engagement, advised that Earth Day will be celebrated this year on Saturday, April 22, 2006 and highlighted a number of events sponsored by the City and private sector companies planned throughout the week of April 17-22, 2006. Messrs. R. Browning, Interim General Manager of Development & Technical Services /Fire Chief, and G. Mann, Deputy Fire Chief, advised that the Kitchener Fire Department (KFD) was awarded international accreditation by the Commission on Fire Accreditation International Inc., being the first in Ontario and second only in Canada to achieve this goal. The accreditation is awarded in recognition of meeting rigorous international standards and promotion of continuous quality improvement in fire service. The Accreditation Award was presented to Mayor C. Zehr, who extended congratulations on behalf of the City for this outstanding achievement and requested that the plaque be appropriately displayed at KDF Headquarters. Mr. Andy Hook, resident, raised a number of concerns in regard to the impact on municipal taxes relative to the City's capital project initiatives; employee turnover; demolition 1 salvaging 1 adaptive re- use of the Forsyth property; new main library /Centre Block project; and, public acquisition of historical artifacts. COUNCIL MINUTES MARCH 20, 2006 - 75 - CITY OF KITCHENER On motion by Councillor J. Smola, seconded by Councillor B. Vrbanovic, it was agreed to allow Mr. Hook an additional five minutes to conclude his presentation. Mr. Hook asked that Council bear in mind common sense, discretion and accountability in making the difficult decisions that lie ahead. Mayor C. Zehr advised that a number of delegations wished to speak to matters listed under Unfinished Business as Item 6.a), regarding recommendations arising from the February 6, 2006 Finance and Corporate Services Committee meeting concerning the Centre Block redevelopment, the future of the Forsyth buildings and the new central Library. At its meeting of February 13, 2006 Council deferred and referred these recommendations for consideration this date. A copy of the recommendations and the following relevant staff reports were attached to the Council agenda this date: Chief Administrator's Office report CAO-06-009 (R. Regier) - KPL -Centre Block Project Committee - Centre Block Redevelopment; Corporate Services Department report CRPS-06-023 (G. Sosnoski) -Retention 1 Removal 1 Remediation Options -Forsyth Property; Development & Technical Services Department report DTS-06-022 ~L. Bensason) - fisting of City- owned Property -Centre Block; Corporate Services Department report CRPS-06-043 (G. Sosnoski) -Cost Clarification -Forsyth Property. Council was also in receipt this date of the following documentation: Revised order of recommendations, including modifications to wording in some instances as circulated by Mayor C. Zehr; Chief Administrator's Office report CAO-06-020 (T. DeVille) -Downtown Advisory Committee - Centre Block Recommendation: re-affirming the library as a key consideration of the Centre Block development and support for expanded public consultation; Correspondence dated March 6, 2006 from Mr. R. Moorehouse, Executive Director, Ontario Heritage Trust, in support of preservation and adaptive re-use of the two remaining Forsyth buildings. Ms. Pauleen Payne, resident, spoke in support of the new main library and its proposed location on the Centre Block, commenting on the importance of the library as an essential service and its contributions to literacy and academic success of the community. She added that the proposed location is ideal in that she could envision combining other activities with a visit to the library die. recreation, commerce, retail, restaurants). Mr. Sean Doherty, Urban Geography, Wilfrid Laurier University, also spoke in support of the proposed location for the new main library, commenting that people are the most important factor in Downtown revitalization and new attractions other than retail are needed to bring people to the Downtown. He added that the proposed location in relation to the Grand River Transit facility is important in that it provides a direct route for pedestrians. Mr. Bruce MacNeil, Chair, Kitchener Public library ~KP~) Board, commented on the level of expertise among volunteer Board members in investigating all nine sites proposed for the new library, including expansion of the existing site, prior to identifying the Centre Block as the preferred location. He added that the preferred location provides opportunity to optimize available funding for the project and improves accessibility. Councillor J. Gazzola commented that he did not agree that the library should be the driving economic force for redevelopment of the Centre Block and expressed the opinion that the library could be located anywhere within the Downtown. Mr. MacNeil stated that preference for the proposed location goes beyond economic benefits in terms of improving accessibility as it is close to public transit and ability to facilitate co-operative initiatives with academic institutions also locating in close proximity. Mr. MacNeil responded to questions regarding the impact of technological advances to services provided by the library and the inter-relationship between the main library and branch libraries. He added that the proposed location provides opportunity to maximize funding to achieve a larger facility than otherwise might be expected; however, he suggested that the library is open to compromise should costing necessitate consideration of a smaller building. COUNCIL MINUTES MARCH 20, 2006 - 76 - CITY OF KITCHENER Ms. Carine Nind spoke on behalf of Glen Woolner, Circa Developments, in support of the Heritage Kitchener recommendations to retain the two remaining Forsyth buildings and ensure their preservation for future adaptive re-use in the Centre Block development. She also expressed support for a new main library on the Centre Block to act as a catalyst for revitalization. Ms. Nind commented that too much of Kitchener's downtown built heritage has been lost through neglect and questioned the costs put forward by City staff relative to retaining the Forsyth buildings. At the request of Councillor B. Urbanovic, Mr. H. Gross, Director of Project Administration, reviewed the cost estimates developed through the expertise of four outside companies: Sze Straka Engineers, The Walter Fedy Partnership, Bel-Air Demolition and Kappeler Masonry. He noted that it will cost $550,000. just to weatherproof and repair the buildings to ensure preservation for up to a period of two years. Mr. Gross then referred to three scenarios with varied options to retain the remaining buildings, as outlined in report CRPS-06-043, advising that the cost difference between Scenarios 1 and 2 relates to the inclusion in the latter of below grade excavation to allow underground parking. Scenario 1 (no accommodation for underground parking) ranged from $1.8M - $6.3M; Scenario 2 (including below grade excavation for underground parking) ranged from $3.8M - $13.3M; and Scenario 3 (demolition of both buildings) was estimated at $450,000. Mr. Gross responded to several questions, advising that additional funds will be required to complete the underground parking beyond the estimates provided for the below-grade excavation. Mr. J. Witmer, Chief Building Official, advised that some deterioration of the two buildings has occurred since demolition due to exposure to the elements but not to the extent of the portions of the building already taken down. Mr. Gross added that providing for underground parking has increased the cost estimates substantially. Mr. John Arndt, North Waterloo Region Branch of the Architectural Conservancy of Ontario, spoke in favour of retaining the remaining Forsyth buildings, encouraging the City to look at the collective impact of the buildings relative to cultural /heritage landscapes and suggested that consideration be given to designating King Street as acultural /heritage landscape. Mr. George Mitchell spoke on behalf of Orville Thacker, Waterloo Region Council of Union Retirees, in regard to their concerns respecting the Centre Block redevelopment. He questioned the need for a new central library and the appropriateness of the proposed location, suggesting that neighbourhood libraries would more effectively serve citizen's needs. He requested that consideration be given to placing a question on the ballot for the 2006 municipal election to allow the general population to say yes or no to the project. Mr. Zyg Janecki spoke on behalf of Mr. Kerry Kirby, Co-Chair, Heritage Kitchener, advising that the Committee evaluated the City's Heritage Permit Application for demolition of the two remaining Forsyth buildings on its own merit and concluded that it was premature in the absence of a specific site plan for the property. The Committee recommended that the two remaining buildings be retained and preserved for future adaptive re-use. Mr. Janecki commented that the buildings should not be demolished to gain minimal underground parking and suggested that instead parking requirements be reduced and provision made for off-site parking for any future development. Mr. H. Gross advised that at least 500 parking spaces will be required to accommodate the needs of the library, the City and any future residential uses; and if constructed, the underground parking facility is expected to accommodate approximately 800 spaces. He added that in the event the two buildings are retained, this will limit the number of overall spaces that can be achieved. Mr. Len Carter, resident, raised concerns with the high cost to build the new main library; however, expressed the opinion that it could be the cornerstone for revitalization of the Downtown and a place for heritage to be displayed. He asked that whether a library is included or not, Council make a decision this date in respect to continuing with the current process for redevelopment of the Centre Block. Mr. Frank Kulcsar, resident, spoke in support of placing a question on the ballot for the 2006 Municipal election in regard to the central library 1 Centre Block redevelopment and suggested that an open house be held to allow citizen input. Mr. James Schieml, Chair -Kitchener Downtown Business Association, spoke in support of the redevelopment proposal for a new main library on the Centre Block and expanded opportunity for public comment. He expressed the opinion that notwithstanding the high cost, the redevelopment proposal is crucial to downtown sustainability. COUNCIL MINUTES MARCH 20, 2006 - 77 - CITY OF KITCHENER Mr. Julian Ichim, resident, asked that existing tenants in the Mayfair Hotel not be put out onto the street in wake of redevelopment and that the building be preserved for low-income housing. He also asked that a basketball court be rebuilt within the Downtown for youth and that interested parties be assisted in converting vacant buildings into affordable housing. He added that he supports the idea of building more branch libraries throughout the community. Mr. Steve Schildroth, I Believe in Kitchener Group, submitted a petition of 80 signators asking that the remaining Forsyth buildings be preserved, the Centre Block redevelopment remain in public hands and, through a transparent and open public process take place regarding the redevelopment and the new central library. He added that if a public summit is held that it be organized independently by qualified persons of high regard in the community. In response to comments of Councillor M. Galloway, Mr. Schildroth acknowledged that some signators had differing opinions with regard to retaining the Forsyth buildings. Mr. Bob McColl, resident, raised concerns with the number of capital projects under consideration by the City and the costs involved, suggesting that the City take time to re-evaluate priorities and be fiscally responsible. Mayor C. Zehr suggested a revised order of recommendations, modifications and addition of two new recommendations and asked that they be dealt with in the order listed on the revised document. He noted that if approved, new Recommendation 6 will result in deferral of all matters listed in Recommendations 4 and 5. Council agreed to the revisions as proposed an in addition,agreed to replace the word `summit' with `forum' in new Recommendation 7 regarding provision for expanded public consultation. Mayor Zehr read aloud a submission from Councillor G. Lorentz who was unable to attend the meeting this date. In his submission, Councillor Lorentz expressed support for the proposed deferral of the current process for redevelopment of the Centre Block, to allow a citizens' forum to be held and for demolition of the remaining Forsyth buildings given the high cost for retainment. All members present, except Councillor J. Gazzola, expressed support for the proposed deferral, in light of recent increased interest in the project throughout the community and the questions raised with respect to the need for a new main library, as well as the appropriateness of the Centre Block as the preferred site. Councillor J. Gazzola supported holding further public meetings regarding the library but did not agree with delaying the Request for Proposal process, suggesting that pursuit of private sector interest should continue without the library included. It was his opinion the library should not be the motivating factor for the Centre Block redevelopment and alternative locations, including expansion of the existing library site, should be investigated. He suggested that on gathering all of the information resulting from the public forum and Request for Proposal process, it would then be appropriate to bring a question to the electorate. He asked that staff provide information on what would be involved if the latter were undertaken. Mayor C. Zehr and Councillor C. Weylie did not support placing a question on the ballot, suggesting instead that the best method of obtaining public input is by providing opportunity for in- persondialogue and review of detailed explanations of the proposal. Mayor C. Zehr and Councillor B. Vrbanovic commented on the importance of ensuring composition of the proposed forum is inclusive to citizens without special interests and Mayor Zehr asked that staff report to the March 27, 2006 Finance and Corporate Services Committee meeting with a suggested course of action. All members present, except Councillors J. Gazzola and M. Galloway, supported demolition of the remaining Forsyth buildings due to the high costs involved to retain the buildings. Councillors Gazzola and Galloway supported saving whatever may be feasible of the remaining buildings and Councillor Gazzola suggested that they be retained until results of the Request for Proposal process are received. Mayor C. Zehr disagreed with public comments made that suggest the City does not value its heritage because of the demolition of the Forsyth buildings, noting numerous successes of preservation and suggesting that a balance must be struck between preservation and costs. Councillors J. Smola and C. Weylie asked that 48 Ontario Street former legion building) not be added to the Heritage Registry, as it was their opinion it was not of cultural /heritage value and may impede redevelopment interest in the Centre Block. It was also noted that the original Request for Proposal sent out in 2002 provided that neither the Forsyth nor the Legion buildings would be retained and no concerns were raised at that time in regard to their heritage or preservation. COUNCIL MINUTES MARCH 20, 2006 - 78 - CITY OF KITCHENER Mayor C. Zehr addressed earlier comments made by Mr. Ichim in regard to affordable housing, advising that there are no plans to demolish the Mayfair Hotel and in fact, the building is recommended this date for addition to the Heritage Registry. He also gave assurance that no one would be put out on the street to make way for any future redevelopment. The following six motions were voted on by recorded vote. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That as outlined in Chief Administrator's Office report CAO-06-009 Centre Block Redevelopment -Heritage Aspects), dated February 1, 2006: a) That the Mayfair Hotel located at 11 Young Street be recognized as significant and be retained in its entirety, with an understanding that there be flexibility of use in the interior of the building and the successful proponent for redevelopment of the Centre Block be encouraged to use those interior features deemed significant by Heritage Kitchener in any development of that building. b) That the front fapade of 156-158 King Street West be retained in its entirety and the successful proponent for redevelopment of the Centre Block be encouraged to incorporate the remainder of the building and any interior features deemed significant by Heritage Kitchener in any development scheme, if structurally and financially feasible." Carried Unanimously by all members present. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That as outlined in Development & Technical Services Department report DTS-06-022 (City- owned Property of Cultural /Heritage Value or Interest in the Centre Block), dated February 2, 2006, City-owned properly located within the Centre Block, being: 11 Young Street and 156- 158 King Street West, be formally recognized as having cultural /heritage value or interest and be listed in the City's Heritage Register as'non-designated property of cultural /heritage value or interest'." Carried Unanimously by all members present. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That as outlined in Development & Technical Services Department report DTS-06-022 (City- owned Property of Cultural l Heritage Value or Interest in the Centre Block), dated February 2, 2006, City-owned property located within the Centre Block, being 48 Ontario Street North, be formally recognized as having cultural l heritage value or interest and be listed in the City's Heritage Register as'non-designated property of cultural I heritage value or interest'." In Favour - Councillors J. Gazzola and M. Galloway. Contra -Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic and C. Weylie. Motion Lost. Prior to voting on the following recommendation and at the request of Councillor B. Vrbanovic, it was agreed to delete the phrase `appropriate portions' from the last sentence of the motion. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the two remaining buildings associated with the Forsyth building complex, being the c. 1880 Smyth Residence and the 1937 Art Deco addition, not be retained in situ on the property on the basis that they would seriously compromise the ability to achieve maximum COUNCIL MINUTES MARCH 20, 2006 - 79 - CITY OF KITCHENER development on the property through the upcoming Request for Expression of Interest proposal process, but that the history of the buildings and property be honoured by having the architecture of the buildings reflected in the new development on the Centre Block through the use of salvaged and retained materials from all of the Forsyth buildings; and further, That staff arrange for the removal of the Duke Street Art Deco Fapade of the 1937 Forsyth factory." In Favour -Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic and C. Weylie. Contra - Councillors J. Gazzola and M. Galloway. Carried. At the request of Councillor B. Vrbanovic, Ms. C. Ladd, Chief Administrator, agreed to make known by public advertisement that the City would consider proposals from interested parties to remove and re-locate the remaining Forsyth buildings to another location. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the recommendations, itemized as numbers 4 and 5 as listed under Unfinished Business [part of Item 6.a)] of the March 20, 2006 Council agenda, relative to the Kitchener Public library new main library /Centre Block redevelopment project; proposed municipal parking structure on Centre Block; and re-affirmation of the City's financial commitment to the library project, be deferred and referred to a future Council meeting, pending a report to Council with a summary of findings and comments from a citizens' forum." In Favour -Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, M. Galloway and C. Weylie. Contra - Councillor J. Gazzola. Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the calling of a citizens' forum for May 2006 be approved to provide relevant, factual information and obtain public response to matters related to the proposal of a new central library and Centre Block developments; and further, That staff report to the March 27, 2006 Finance and Corporate Services Committee meeting regarding the appropriate date and format of the citizens' forum." Carried Unanimously by all members present. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." At the request of Councillor C. Weylie, it was agreed to amend Clause 7 of the report dealing with approval of Zone Change Application ZC 05/18/W1RM (1015 Weber Street East), to provide that the draft by-law attached to Development & Technical Services Department report DTS-06-021 be amended by inserting in section 3 of the by-law the phrase `with the setbacks existing on the date of the passing of this by-law'. The Development & Technical Services Committee report was then voted on Clause by Clause. Clause 7 -Carried, as Amended. Balance of report -Carried. COUNCIL MINUTES MARCH 20, 2006 - 80 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "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." It was noted and agreed that Clause 4 of the report dealing with Heritage Permit Application HPA 2006-IV-001 for demolition of the two remaining Forsyth buildings (31 Young Street), was redundant as these matters had been dealt with under Delegations at which time the proposed demolition was consented to. The Heritage Kitchener reportwas then voted on Clause by Clause. Clause 4 -Motion redundant and not considered as these matters were dealt with under Delegations. Balance of report -Carried. Councillor J. Smola advised that correspondence was received from Canada Post advising that the postal outlet at 44 Gaukel Street will close and re-locate to 618 King Street East in late June of this year. Mayor C. Zehr commented that the Region of Waterloo's formal response to the Province of Ontario's proposed Conservation Land Statute Law Amendment Act, 2005 (Bill 51) is in essence, similar to that of the City of Kitchener. The Act is intended to facilitate implementation of the Province's recent land use policy reforms, particularly the `Places to Grow Proposed Plan for the Greater Golden Horseshoe'. Mayor C. Zehr then read aloud an email forwarded to the City's Chief Administrator from Mr. Derrick Holland, employee of B.F. Goodrich, in which Mr. Holland expressed his concerns as to the impact of the plant closure to the employees and the community at large. Mayor Zehr noted that discussions were held earlier this date with Michelin and remain ongoing in the hope that the company will leave some form of legacy. Councillor J. Gazzola referred to Council Policy I-650 (Percent for Art) which provides that the City is to encourage new commercial and institutional construction valued at over $1 M to allocate 1 % of the construction budget for provision of public art. At his request, Mr. R. Browning agreed to pursue this matter with the University of Waterloo relative to their School of Pharmacy /Health Sciences Campus development on the former Epton site. Council agreed to the request of Mr. R. Gosse, Director of Legislated Services, to add two zoning amending by-laws for three readings this date, relative to Clauses 6 and 7 of the Development & Technical Services Committee report. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES MARCH 20, 2006 - 81 - CITY OF KITCHENER (a) Being a by-law to exempt certain lots from Part dot Control -Part of Block 19, Registered Plan 1822 -Orchid Crescent. (b) 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. (c) Being a by-law to provide for the widening of part of Betzner Avenue as a public highway in the City of Kitchener. (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (e) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (f) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (g) 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. (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 35, 36, 37, 40, 41, 42, 68, 69, 70, 73 to 78 inclusive, 81 to 86 inclusive, 89 to 93 inclusive, 96 and 97, Registered Plan 58M-374; and Part of Lots 1, 2, 3, 6, 7 to 11 inclusive, 14, 15, 16, 48, 49, 50, 53 to 58 inclusive, 61, 62 and 63, Registered Plan 58M-375 -Sophia Crescent and Corsica Street. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Jairo A. Garzon and Rubiela Garzon -15 Carrol Street. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Estate of George Jetter -Weber Street East. 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 B. Vrbanovic "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 B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part dot Control -Part of Block 19, Registered Plan 1822 -Orchid Crescent. ~By-law No. 2006-65) COUNCIL MINUTES MARCH 20, 2006 - 82 - CITY OF KITCHENER (b) 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. 2006-66) (c) Being a by-law to provide for the widening of part of Betzner Avenue as a public highway in the City of Kitchener. ~By-law No. 2006-67) (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. ~By-law No. 2006-68) (e) 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. 2006-69) (f) 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. 2006-70) (g) 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. 2006-71) (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 35, 36, 37, 40, 41, 42, 68, 69, 70, 73 to 78 inclusive, 81 to 86 inclusive, 89 to 93 inclusive, 96 and 97, Registered Plan 58M-374; and Part of Lots 1, 2, 3, 6, 7 to 11 inclusive, 14, 15, 16, 48, 49, 50, 53 to 58 inclusive, 61, 62 and 63, Registered Plan 58M-375 -Sophia Crescent and Corsica Street. ~By-law No. 2006-72) (i) To confirm all actions and proceedings of the Council. ~By-law No. 2006-73) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Jairo A. Garzon and Rubiela Garzon -15 Carrol Street. ~By-law No. 2006-74) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Estate of George Jetter -Weber Street East. ~By-law No. 2006-75) betaken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:35 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 20, 2006 - 83 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the draft by-law dated February 17, 2006, attached to Corporate Services Department report CRPS-06-028, be adopted in order to have the City's Sign By-law 2005-194 apply to property along Regional road corridors; and further, That the Council of the City of Kitchener requests the Council of the Regional Municipality of Waterloo to repeal its By-law 05-083, being a By-law to Prohibit or Regulate the Placing or Erecting of any Sign, Notice or Advertising Device within 400 metres of any limit of a Highway under the jurisdiction of The Regional Municipality of Waterloo 2. That Development and Technical Services Department report DTS-06-025 be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between The City of Kitchener and the Regional Municipality of Waterloo regarding delegated authority. 3. That the "Proposed By-law" dated February 23, 2006, attached to Development and Technical Services Department report DTS-06-036, to amend Chapter 683 of the City of Kitchener Municipal Code, to appoint the Supervisor of Site Plan Development or the Director of Planning as the approval authorities for Site Plan Approval, with the General Manager of Development and Technical Services as the alternate, be ado ted. 4. That the Uniform Traffic By-law be amended to designate the following roads as 24 hour heavy truck routes: Bingemans Centre Drive -from Victoria Street North to Shirley Avenue Shirley Drive -from Victoria Street North to Bingemans Centre Drive Shirley Avenue -from Wellington Street North to Bingemans Centre Drive. 5. That the Uniform Traffic By-law be amended to prohibit stopping at any time, on both sides of the following: • Schneider Avenue from Queen Street to a point 35 metres west thereof, • Kingswood Drive from a point 100m east of Alpine Road to a point 60 metres east thereof, • Kingswood Drive from a point 25 metres west of Appalachian Crescent (east intersection) to a point 35 metres west thereof, • Kingswood Drive from a point 15 metres north of Roberts Crescent (south intersection) to a point 35 metres north thereof; • Kingswood Drive from a point 25 metres west of Selkirk Drive to a point 60 metres west thereof, • Greenbrook Drive from Farmbrook Place to a point 35 metres south thereof, • Greenbrook Drive from a point 45 metres north of Stoneybrook Drive to a point 60 metres north thereof, • Greenbrook Drive from a point 25 metres south of Birchcliffe Avenue to a point 25 metres north of Birchcliffe Avenue, and, • Greenbrook Drive from a point 35 metres north of lakeside Drive to a point 60 metres north thereof. 6. That Zone Change Application ZC05/13/C/KG, , to change the zoning from Residential Four Zone (R-4) to Residential Five Zone (R-5), with Special Regulation Provision 439R on lands legally described as Plan 861 Part Lot 1, RP58R-3001 Part 4 in the City of Kitchener X15 Carrol Street), be approved in the form shown in the "Proposed By-law", dated February 1, 2006, attached to Development and Technical Services Department report DTS-06-024, without conditions. COUNCIL MINUTES MARCH 20, 2006 - 84 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. That minor Zone Change Application ZC 05/18/W1RM for the purpose of changing the zoning from Arterial Commercial Zone ~C-6) to C-6 with a special use provision permitting single detached dwelling and a duplex dwelling on lands legally described as Plan 307, dot 97 in the City of Kitchener (1015 Weber Street East), be approved in a from shown in the "Proposed By-law" dated February 6, 2006, attached to Development and Technical Services Department report DTS-06-021, as amended by inserting the phrase `with the setbacks existing on the date of the passing of this by-law' following the phrase, `single detached dwelling and duplex dwelling' in Section 3 of the by-law, without conditions. (As Amended) 8. That Planning and Engineering staff review the possibility of incorporating streetscape improvements along Rittenhouse Road. 9. That prior to consideration of Zone Change Application ZC/06/03/R/CB and draft approval of Plan of Subdivision Application 30T-05206 by Council, the owner/applicant consider the proposed Brookfield Crescent project as a plan of condominium rather than a plan of subdivision, and report to the Development and Technical Services Committee on the merits of each option, and any justification for not proceeding as a plan of condominium. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute the `Memorandum of Agreement -Earth Day 2006' with Earth Day Canada, as attached to Community Services Department report CSD-06-026, subject to the satisfaction of the City Solicitor. 2. That the 2004 Festival of Neighbourhoods capital improvement grant for the Mount Hope - Breithaupt Park Neighbourhood Association be used for a movie projector and costs related to the installation of an outdoor winter rink adjacent to Breithaupt Centre. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the 2005 Summary Drinking Water Report FIN-06-0051 A. Mick), dated February 17, 2006 be accepted as per O.Reg170/03 Section 22 of the Safe Drinking Water Act. 2. That the use of energy efficient designs and technologies, such as an integrated geothermal heating and cooling system, be endorsed; and further, That staff be directed to present to a future meeting of the Environmental Committee information regarding the applicability of incorporating integrated geothermal heating and cooling systems for future City initiated construction projects. 3. That in recognizing the public's desire to protect natural lands, and whereas in some instances, natural lands worthy of conservation cannot be protected by planning policy alone, and as such the best guarantee for their conservation becomes public ownership; consideration be given to establishing a Natural Lands Acquisition Fund commencing with the 2007 Capital budget; and, That Planning staff work with Community Services staff in respect to parkland dedication policies, the Parkland Trust Fund, and resources available for natural lands management; and further, That potential budgeting for future natural lands acquisition be co-ordinated with the City's annual Staging of Development report. COUNCIL MINUTES MARCH 20, 2006 - 85 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. That the conditional Offer to Purchase from Melloul Blarney in Trust for a corporation to be formed, be accepted for part of Part 12 on Registered Reference plan 58814324, being an irregular shaped parcel of land in the Grand River West Business Park, having an area of approximately 2.56 acres, at a price of $150,000. per acre, for a total purchase price of $384,000. and being identified as Proposed dot 8A on Schedule B attached to Chief Administrator's Office report CAO-06-015; and, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction; and further, That staff report to a future Finance and Corporate Services Committee meeting summarizing land sale activities and financials relative to the Grand River West Business Park. 5. That the supply component of the natural gas rates be increased to 31.9 cents per cubic meter from 27.7 cents per cubic meter for system gas customers of the City of Kitchener effective April 1, 2006; and, That the transportation component of the natural gas rates be decreased to 3.529 cents per cubic meter from 4.076 cents per cubic meter for system gas customers of the City of Kitchener effective April 1, 2006 to reflect the interim rates charged byTrans-Canada Pipelines as previously approved by the National Energy Board; and further, That the delivery components of the natural gas rates be changed as proposed in Appendix'A', as attached to Financial Services Department report FIN-06-006, for all Kitchener delivery customers effective April 1, 2006. 6. That a transfer of $1,000,000. from the Gas Capital Investment Fund to Gasworks Capital budgets to support gas infrastructure programs that will be initiated in 2006 be approved, as follows: Statutory Meter Changes $300,000. Meter Replacement $250,000. Regulator Pit Remediation $200,000. Inside Regulators $150,000. Pipeline Integrity Management $100,000. 7. That $225,000. be taken from the Economic Development Investment Fund ~E.D.I.F.) to fund building repairs and maintenance for 48 Ontario Street North (former Legion building),11 Young Street Mayfair Hotel), and 156-158 King Street West (former Hymmen Hardware), as outlined in Corporate Services Department report CRPS-06-037; this amount including 2006 operating costs for the former Legion building, municipally known as 48 Ontario Street North. 8. That Fire Hall No. 7 be constructed on City-owned lands fronting onto Huron Road to the west of Fischer-Hallman Road and not be combined with any other facility. 9. That Kitchener Council requests Regional Council to expedite the development of the East Side Employment Lands in order to ensure that the strength of the local and regional economy will not be impacted negatively because of lack of available, serviced employment lands; and, That City and Regional Councils make every possible effort to persuade the Province to expedite construction of the new Hwy. 7 between Kitchener and Guelph in order to accommodate these new employment lands as the businesses who will locate there must have transportation infrastructure for the purposes of moving people and goods to and from the Business Park; and further, That outside of this recommendation, the City of Kitchener has concerns regarding the future availability of smaller lots, based on past and current sales, and believes there needs to be flexibility in the diversity of lot configuration on the East Side lands. COUNCIL MINUTES MARCH 20, 2006 - 86 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 10. That the recommendation of the Economic Development Advisory Committee (EDAC), as contained in Chief Administrator's Office report CAO-06-018 (EDAC Recommendation -Centre Block) dated February 27, 2006, expressing their support for the Kitchener Public library 1 Centre Block Project Committee's current approach to the development of the Centre Block site and recommendation that they move ahead with the Request For Proposals RFP), including a new main library, be received; and further, That report CAO-06-018 be revised by ending the last sentence under the heading "Report" after the phrase "Centre Block project" and deleting the remainder of the sentence, as not all Project Committee members were in agreement with the RFP development recruitment process. 11. That the revised Terms of Reference for the Kitchener Waterloo Joint Service Initiatives Committee be approved, which reflect an expanded scope and refinement of the Shared Services program between the Cities of Kitchener and Waterloo as approved in September 2004. HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-IV-018 X787 King Street West, Kitchener Waterloo Collegiate and Vocational Institute) be approved, to permit the installation of a sprinkler system and heads, outlined as Front Entrance Sprinkler Option 1 in the Walter Fedy Partnership detailed design drawings reviewed at the March 7, 2006 Heritage Kitchener meeting. 2. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-IV-002 (437 Pioneer Tower Road) be approved, to permit the installation of a hydro meter and plumbing ventilation pipe, which are to blend into their surroundings as best as possible, as outlined in Development and Technical Services Department report DTS-06-033. 3. That Heritage Permit Application HPA 2005-IV-001 X437 Pioneer Tower Road) be amended to permit the farmhouse addition to be clad in vertical Cape Cod finished wood siding of either 1 x 8 Board and Batten or 1 x 6 U Joint design, as an alternative to the originally approved stucco siding design, with the final colour scheme to be reviewed and approved by the City's Heritage Planner. 4. That pursuant to Section 34 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-IV-001 (31 Young Street West) be refused, as it is considered premature at this time given no site plan application has been submitted for the redevelopment of the Centre Block properties; and, That the remaining 2 phases of the Forsyth Building designated under the Ontario Heritage Act, being the 1937 Art Deco Addition and Smyth Residence, be retained and included as a part of the City's Request For Proposals (RFP) to facilitate their incorporation into any future redevelopment that is to occur on the Centre Block; and further, That staff be directed to ensure the continued integrity of the 2 remaining phases of the Forsyth Building by: making certain that the openings created by the demolition are secured and boarded up; the fire alarm system is re-installed; and, the interim measures previously approved by Council on November 28, 2005 are undertaken. (Motion Redundant and not considered as the matter was dealt with under Delegations) COUNCIL MINUTES MARCH 20, 2006 - 87 - 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 Engineering Agreement 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 IBI Group, regarding Glasgow North Subdivision (Countryside Place to University Avenue), Draft Plan 30T-88015." 2. Tenders Dealt with under Delegations. 3. Surplus Lands - Convey to Adjacent Property Owner at 508 Riverbend Drive Council considered Corporate Services Department report CRPS-06-042 (~. Proulx), dated March 2, 2006. It was resolved: "That the lands to be described on a new reference plan showing a parcel of approximately 1743 square metres, more particularly described as 59.572 m along the north (Grand River) side; 35.363 m along the east side; 58.031 m along the south (street) side and 27.092 m along the west side of Part 4 on Reference Plan 58R-7150, be declared surplus to the City's needs; and, That the said parcel be conveyed to the property owner of 508 Riverbend Drive at fair market value, plus all incidental costs, subject to the execution of an agreement of purchase and sale satisfactory to the City solicitor; and further; That the Mayor and Clerk be authorized to execute the necessary documentation to complete the conveyance." 4. Surplus Lands - Convey to Adjacent Property Owner on Gallarno Court Council considered Corporate Services Department report CRPS-06-044 (~. Proulx), dated March 10, 2006. It was resolved: "That a parcel of land that fronts onto Gallarno Court, described as Block H and I, Plan 1273 be declared surplus to the City's needs and be conveyed to the abutting property owner immediately behind for a price of $24,875, plus all incidental costs associated with this transaction; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete this conveyance." COUNCIL MINUTES MARCH 20, 2006 - 88 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D} 5. Agreement - City of Cambridge -Data Backup Servers Council considered Corporate Services Department report CRPS-06-031 ~M. Grummett), dated February 15, 2006. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement between the City of Cambridge and the City of Kitchener, satisfactory to the City Solicitor, permitting Cambridge to install and operate data backup servers in Kitchener's main computer room at City Hall, as outlined in the draft agreement attached to Corporate Services Department report CRPS-06-031." 6. Uncollectible Receivables Write-Off Council considered Financial Services Department report FIN-06-009 (P. Houston), dated March 7, 2006. Councillor M. Galloway questioned a sizable amount to be written off relative to Northfair Properties. Ms. J. Evans, Director of Revenue, advised that the company is no longer in business and pursuing the matter through the City's collection agency is felt to be the best approach at this time. It was resolved: "That Uncollectible Receivables, amounting to $35,341.76 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 7. Uncollectible Utility Accounts Write-Off Council considered Financial Services Department report FIN-06-010 (P. Houston), dated March 7, 2006. Ms. J. Evans, Director of Revenue, agreed to provide Councillor J. Gazzola with additional information on Item 70 regarding the amounts being written off for utility receivables. It was resolved: "That Uncollectible Utility Receivables, amounting to $111,619.23 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 8. Agreement - MTO -Authorized Requestor Agreement Council considered Corporate Services Department report CRPS-06-045 (S. Turner), dated March 15, 2006. It was resolved: "That the Mayor and Clerk be authorized to execute an Authorized Requestor Agreement with the Ministry of Transportation relating to obtaining vehicle ownership information pursuant to the Municipal Parking Tag Program."