Loading...
HomeMy WebLinkAboutCouncil - 2006-04-03COUNCIL MINUTES APRIL 3, 2006 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 April Rego, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held March 20, 2006 and special meeting held March 27, 2006, 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. Prior to consideration of the tenders, Council considered Development & Technical Services Department report DTS-06-067 (S. Allen), in connection with Tender T06-005 (Homewood Avenue Reconstruction), requesting transfer of funds from the Uncommitted Infrastructure account to the Homewood Avenue Reconstruction Project. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Council approve the transfer of $155,978.51 from Index 852420 - "Uncommitted Infrastructure" to Index 852414 - "Homewood - Queen to West" to fund the anticipated project deficit." Carried. Council also considered Development & Technical Services Department report DTS-06-066 (C. Curtis), in connection with Tender T06-011 (King Street East and Madison Avenue North), requesting transfer of funds from the Uncommitted Infrastructure account to the King Street East /Madison Avenue North road construction project. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That $455,218 be transferred from Index Code 852420 -Uncommitted Infrastructure to Index Code 852415 -King Street East -Madison Avenue to Stirling Avenue and Madison Avenue North -King Street East to Weber Street East." A recorded vote was requested. 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 Tender T06-005, Homewood Avenue Reconstruction (West Avenue to Queen Street South), be awarded to J. Weber Contracting Ltd., Breslau, Ontario at their tendered price of $1,397,397., including provisional and contingency items of $89,065. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and - COUNCIL MINUTES APRIL 3, 2006 - 93 - CITY OF KITCHENER "That Tender T06-007, Trenchless Rehabilitation of Gravity Sewers, be awarded to Insituform Technologies Limited, Toronto, Ontario at their reduced tendered price of $443,916.04., including a contingency of $15,000.00 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and - "That Tender T06-011, Road Construction -King Street East & Madison Avenue North, be awarded to 969774 Ontario Limited (ola Elgin Construction), St. Thomas, Ontario at their adjusted tendered price of $3,347,398.32, including provisional and contingency items of $326,805.55 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and - "That Tender T06-023, Fleet Vehicles -Ten (10) Standard Cargo Vans, be awarded to Weiland Ford Sales Ltd., Kitchener, at their tendered price of $259,244.50, including G.S.T. and P.S.T." -and - "That Expression of Interest E06-017, Consultant Services, Sport Tourism Strategy be awarded to Cameron Hawkins & Associates Inc., Toronto, Ontario at their fee of $79,608.00, including G.S.T., based on a satisfactory contract being negotiated." Carried Unanimously. Ms. Norma Hergott, volunteer, and Ms. Jennifer Francis, Program Co-ordinator, The Kidney Foundation of Canada, spoke in regard to the Foundation's Living Green Ribbon event to be held in Civic Square at City Hall on April 26, 2006. Ms. Hergott advised that a human green ribbon will be formed in support of promoting organ and tissue donation awareness and requested Council's support in encouraging City employee participation. Ms. C. Ladd, Chief Administrator, advised that Michael May, Senior Public Affairs Officer, is currently working with the Foundation to promote this event within the Corporation. Mr. Joe Soulier circulated this date a copy of a proposed resolution requesting a by-law be prepared to require swimming pool and hot tub owners to maintain all water below and above any cover, to aid in controlling the spread of diseases such as the West Nile Virus and Encephalitis. Mr. Soulier encouraged the City to take apro-active approach to enforcing maintenance of privately owned outdoor aquatic devices and in addition to those already mentioned, asked that ornamental pools and rain barrels also be included. Mr. J. Soulier further proposed that retirees and / or senior citizens be employed by the City to actively investigate infractions to help Enforcement staff reduce costs and citizen complaints. Mayor C. Zehr noted that spraying for West Nile Virus is undertaken by the Region of Waterloo but was in support of investigating opportunity within City by-laws for enforcement of the issues raised. Mr. Shayne Turner, Director of By-law Enforcement, advised that discussions have been held with Mr. Soulier and staff are in agreement that the concerns raised need to be addressed. He noted that a staff report is to come forward in early April to request amendments to the City's Property Standards By-law that will provide for stricter provisions regarding maintenance of privately owned aquatic devices. In response to questions from Councillor G. Lorentz, Mr. Soulier advised that complaints have been lodged relative to properties in his, and surrounding, neighbourhoods. Mr. S. Turner added that Enforcement staff have responded to complaints relative to a particular address in Mr. Soulier's neighbourhood on numerous occasions involving a swimming pool that has remained unused for the past several years. He noted that the proposed by-law amendments will include provision to deal with inactive aquatic devices on private property. COUNCIL MINUTES APRIL 3, 2006 - 94 - CITY OF KITCHENER Mayor C. Zehr suggested, and it was agreed, that this matter would be dealt with at such time as the staff report is brought forward for consideration to the Finance and Corporate Services Committee. Raj Gill and Dave Steffler spoke in support of the Joseph lGaukel /Victoria Park Entrance Reconstruction Project, as it relates to Clauses 5 and 6 of the Finance and Corporate Services Committee report of this date. The delegation raised concerns in regard to pedestrian access across Joseph Street at its intersection with Gaukel Street, requesting that stop signs be installed to ensure safe crossing of Joseph Street into Victoria Park. Mr. Steffler commented that the reconstruction project presents an opportune time to make traffic pattern adjustments and also suggested the use of coloured paving stones in the roadway to further draw motorists' attention to the changes, as well as add aesthetic appeal to the Park entrance. The delegation responded to questions, stating that stop signs were suggested as a compromise to the more costly installation of signal lights. They added that in attending a recent public open house, staff were divided on the issue of stop sign installation and had advised them to approach Council with their request. Ms. Sherrie Grise, Chair, Victoria Park Neighbourhood Association, also spoke in support of traffic calming at the intersection of Joseph and Gaukel Streets, whether it be stop signs, crosswalk or signal lights. She noted that studies indicate the intersection does not warrant traffic controls and staff have expressed concerns with setting precedent by installing stop signs where they are not warranted. She pointed out that the study did show a higher than average number of pedestrians crossing Joseph Street to enter the Park and encouraged Council to consider placement of traffic calming controls at this intersection for reasons of pedestrian safety. Councillor C. Weylie noted that the roadway along Joseph Street is to be narrowed and advised that Traffic staff prefer to wait until after the road improvements are completed before making any decision to install stop signs. It was Councillor Weylie's opinion that there is an immediate need for traffic controls at this intersection to support pedestrian traffic into the Park for recreation and attendance at a number of festivals throughout the year. In response to Councillor B. Vrbanovic, Mr. R. Shamess, Director of Engineering Services, advised that adding traffic calming controls at the intersection of Joseph and Gaukel Streets would add costs to the project regardless of the method used, and would require direction of Council. Mayor C. Zehr suggested, and it was agreed, that staff report as soon as possible to the Finance and Corporate Services Committee with options to include traffic calming controls at the Joseph /Gaukel Street intersection during the reconstruction project. Councillor B. Vrbanovic requested that the options presented allow the project to move forward without undue delay. Council then considered Clauses 5 and 6 of the Finance and Corporate Services Committee report of this date, dealing with a request for additional funding for the Joseph l Gaukel Street Reconstruction Project and awarding of the project tender. These matters were deferred and referred at the March 27, 2006 Finance and Corporate Services Committee meeting and referred for consideration this date to allow additional information to be provided regarding costs associated with environmental remediation of the site. Council received this date Development and Technical Services Department report DTS-06-046.a (R. Shamess), dated March 31, 2006 which provides clarification of the costing and available funding for the Joseph /Gaukel Street project. The report also addresses a citizen inquiry regarding potential deferral of the reconstruction of Mansion Street. Mr. R. Shamess noted that Mansion Street is scheduled in the 10-year Capital Forecast in 2008 - 2009 and was not identified as a deferral project. Councillor M. Galloway requested further clarification as to how the additional $4M requested was derived in relation to the original cost estimate of $5.9M for coal tar remediation. Mr. R. Shamess advised that further testing confirmed coal tar is present at a greater depth than originally anticipated and that an additional 30-40,000 m2 of soil will have to be removed. In addition, because of the greater depth and proximity to the aquifer, this amount of water from the aquifer to be treated has increased 30%. In response to Councillor J. Gazzola, Mr. Shamess advised that staff are in the process of arranging for Certificates of Authority to allow City vehicles to haul the contaminants to the Regional landfill site. He added that the tender includes all remediation with the exception of the Canada Post property. COUNCIL MINUTES APRIL 3, 2006 - 95 - CITY OF KITCHENER Councillor J. Smola noted that two of the proposed projects slated for deferral, being reconstruction of portions of Duke and Krug Streets, may proceed as planned due to a recent announcement of funding from the Province. Ms. P. Houston advised that staff will be coming forward with a report in the near future seeking direction as to how the Provincial funds will be allocated and the two projects mentioned will be included in the list of potential allocations. Councillor M. Galloway commented that when complicated projects such as the Joseph /Gaukel Street Reconstruction come forward it would be helpful to have all information provided, with cost comparisons in instances where large increases are proposed; and that the information provided be in a concise, simplistic format to allow full understanding of the ramifications of the decisions to be made. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 5 of the Finance and Corporate Services Committee report of this date be amended by removing the deferral clause and replacing it with the recommendation contained in Development and Technical Services Department report DTS-06-046 (R. Shamess), to defer certain reconstruction projects and transfer the unexpended funds to the Joseph /Gaukel Street Reconstruction Project." Carried Unanimously. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 6 of the Finance and Corporate Services Committee report of this date be amended by removing the deferral clause and replacing it with the recommendation contained in Financial Services Department report Tender T06-010 (L. Stecho), to award the Joseph / Gaukel Street Road Reconstruction to Bel-Air Excavating and Grading Limited at their tendered price." Carried Unanimously. Mr. Neil Hendry, resident, attended in regard to Item 5 of the Committee of the Whole agenda of this date, dealing with a request by the Ontario Realty Corporation (ORC) for an exemption to Chapter 450 (Noise) of the City's Municipal Code relative to construction work at 200 Frederick Street (Provincial Courthouse). Council was in receipt of Corporate Services Department report CRPS-06-055 (S. Turner), dated March 29, 2006 relative to Item 5 of the Committee of the Whole agenda, wherein staff request Council's direction regarding the ORC's request for a noise exemption. Mr. Hendry pointed out that the roof reconstruction was originally undertaken during evening hours, up to midnight, invoking resident complaints on numerous occasions. He advised that he had spoken with the City's By-law Enforcement staff, Regional police and his MPP, asking on several occasions to lay charges but was not permitted to do so. Mr. Hendry also noted that attempts to contact the Project Manager for the construction site were unsuccessful. He was advised by By-law Enforcement staff that it is generally preferred to seek co-operation to minimize disruption and on several occasions the operation was shut down by Enforcement staff. He stated that he was not adverse to the work being done but questioned the appropriateness of permitting the noise exemption at this time when proper procedure was not followed and the company has only come forward after being shut down as a result of resident complaints. In response to Councillor J. Smola, Mr. Hendry suggested that 8 or 9 p.m. would be a reasonable hour for the construction work to cease, pointing out that there are children in the neighbouring residences. Mr. S. Turner advised that Enforcement staff responded on four occasions to complaints regarding the construction noise and have attempted to resolve the matter through co-operation rather than pursue legal action given the necessity of the construction work. He noted that the ORC took steps to limit construction that would cause excessive noise to weekends only, during daytime hours, resulting in extensive delays. COUNCIL MINUTES APRIL 3, 2006 - 96 - CITY OF KITCHENER Mr. Marko Thom, Project Manager, ORC, advised that initially he was of the understanding the Noise By-law provided a time limit of 11 p.m. On March 24, 2006 he learned the limitation for construction work was actually 7 p.m. and the work was immediately stopped. He pointed out that the work was being done during evening hours to eliminate disruption to the court proceedings taking place from 9 a.m. to 6 p.m. The 7 p.m. limitation leaves only a 1 hour window during which the work can be undertaken and accordingly, the work is now being scheduled on weekends only. The weekend work has added substantial costs to the project and the delay in completing the work leaves the building at risk to weather elements. Accordingly, he asked that they be allowed to operate on a compressed scheduled consisting of up to midnight, Monday to Thursday from April 4 to April 13. Mr. Thom responded to questions, acknowledging that the ORC had not given due consideration to area residents but noting the company had attempted to confine the work within what they believed to be the construction time limits and had chosen the least intrusive method in the industry for roof reconstruction. He added that limiting the work to 9 p.m. would require additional time for completion of the work and may extend the project beyond the Easter weekend. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That an exemption to Chapter 450 (Noise), Article 6 (Construction Work) of the City of Kitchener Municipal Code be granted to the Ontario Realty Corporation to permit construction noise at 200 Frederick Street, Monday to Friday, between the hours of 7 p.m. - 9 p.m. from April 4 to April 30, 2006." Carried. Council was in receipt this date of Chief Administrator's Office report CAO-06-023 (R. Regier l H. Gross / M. May), dated March 28, 2006, detailing a 2-year review of the Economic Development Investment Fund (EDIF). Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Chief Administrator's Office report CAO-06-023 (Economic Development Investment Fund: A 2-Year Review), be received as information and a staff presentation on the content of the report be heard this date." Carried Unanimously. Ms. C. Ladd, Chief Administrator, presented a brief history leading up to establishment of the $110M EDIF, as well as an overview of the program objectives, funding commitments made in 2004 and remaining funds for projects requiring detailed business plans and decision of Council. Mr. R. Regier then outlined the status of projects undertaken to date under EDIF, including the University of Waterloo School of Pharmacy and Health Sciences Campus; Downtown residential intensification (eg. -Kaufman Lofts); employment land development (eg. -Grand River West Business Park); Central Library Project; and parking solutions. It was noted that of the $110M available, $59.41 M (54%) has been allocated, with up to $50.59M (46%) remaining. Ms. Ladd commented that over the past two years the success of EDIF has far exceeded what was initially anticipated. She noted that in a recent article Kitchener was compared to the City of Chicago, which is renowned for standing apart in municipal revitalization efforts, and commended Council for its foresight and leadership in supporting the establishment of EDIF. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Councillor C. Weylie referred to Clause 3 of the report regarding approval of a zone change and draft plan of subdivision (Prosperity Developments Inc. -Rittenhouse Road). She noted that Planning staff have advised that the condition outlined in the opening paragraph of the clause relative to verification of sufficient sanitary capacity to service the development, has now been satisfied. COUNCIL MINUTES APRIL 3, 2006 - 97 - CITY OF KITCHENER Accordingly, she advised that it is now in order for Council to proceed to consider granting the approvals requested. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend Clause 3 of the Development and Technical Services Committee report by deleting the first paragraph so as to provide for approval of Zone Change Application ZC 06/03/R/CB and Draft Plan of Subdivision 30T-05206 (Prosperity Developments Inc. -Rittenhouse Road). The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 3 -Carried, as Amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Voted on Clause by Clause. Clauses 4 and 5 -Carried. Balance of report -Carried. Moved by Councillor B. Urbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted." In reference to Clause 7 of the report dealing with development of interim parking spaces on the Centre Block, Councillor B. Urbanovic requested that staff consider alternative surfacing other than paving to minimize costs of the short-term parking. Councillor M. Galloway advised that he was not in favour of proceeding with interim parking on the Centre Block until after input is received as a result of the proposed citizens' forum. Mayor C. Zehr commented that regardless of any decision made relative to the Centre Block development it is likely to be some time before any construction begins on the site and the proposal presents an opportunity to make use of a City-owned asset to address immediate parking demands. Councillor Galloway disagreed that the parcel would lay vacant for a long period given the Centre Block Steering Committee is in position to proceed with a Request for Proposal and should a private sector proposal be approved, construction could commence earlier than may be anticipated. Mayor C. Zehr then left the Council Chamber and Councillor M. Galloway assumed the Chair. Councillors G. Lorentz, B. Urbanovic and J. Smola spoke in favour of proceeding with the interim parking to take advantage of an opportunity to address Downtown parking demands and generate revenue for the municipality. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clauses 5 and 6 -Dealt with under Delegations and Carried Unanimously, as Amended. Clause 7 - a recorded vote was requested. In Favour: Councillors J. Smola, G. Lorentz, B. Urbanovic and C. Weylie Contra: Councillors J. Gazzola and M. Galloway Absent: Mayor C. Zehr COUNCIL MINUTES APRIL 3, 2006 - 98 - CITY OF KITCHENER Motion Carried. Balance of report -Carried. Moved by Councillor M. Galloway Seconded by Councillor G. Lorentz "That the report of the Environmental Committee be adopted." Carried. Council agreed to the request of R. Gosse, Director of Legislated Services & City Clerk, to add two additional zoning amending by-laws for three readings this date relative to Clauses 3 and 8 of the Development and Technical Services Committee report. 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: (a) Being a by-law to provide for the widening of part of Broadview Avenue as a public highway in the City of Kitchener. (b) Being a by-law to provide for the widening of part of Franklin Street as a public highway in the City of Kitchener. (c) Being a by-law to amend By-law No. 2005-194 of the Corporation of the City of Kitchener being a by-law repealing and replacing the City's Sign By-law currently known as Chapter 680 (Signs) of the City of Kitchener Municipal Code. (d) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. (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 provide for the widening of part of Glasgow Street as a public highway in the City of Kitchener. (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 -Prosperity Developments Inc. -Block Line Road and Rittenhouse Drive. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -1248975 Ontario Inc. -Lawrence Avenue. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. At this time Mayor C. Zehr re-entered the Council Chamber and assumed the Chair. Mayor C. Zehr reported on Regional issues advising that watering restrictions will apply again in 2006; however, the Region's Outdoor Water Use By-law has been amended to provide more realistic COUNCIL MINUTES APRIL 3, 2006 - 99 - CITY OF KITCHENER provisions. It was also noted that the Region's Pesticide By-law has been enacted and will become effective on January 1, 2007. Mayor C. Zehr also referred to approval by Regional Council of a Property Tax Capping Program for 2006 and requested that staff report to a future meeting of the Finance and Corporate Services Committee outlining details of the program and its impact. 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) Being a by-law to provide for the widening of part of Broadview Avenue as a public highway in the City of Kitchener. (By-law No. 2006-77) (b) Being a by-law to provide for the widening of part of Franklin Street as a public highway in the City of Kitchener. (By-law No. 2006-78) (c) Being a by-law to amend By-law No. 2005-194 of the Corporation of the City of Kitchener being a by-law repealing and replacing the City's Sign By-law currently known as Chapter 680 (Signs) of the City of Kitchener Municipal Code. (By-law No. 2006-79) (d) Being a by-law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. (By-law No. 2006-80) (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. 2006-81) 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. 2006-82) (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. 2006-83) APRIL 3, 2006 COUNCIL MINUTES -100- CITY OF KITCHENER (h) Being a by-law to provide for the widening of part of Glasgow Street as a public highway in the City of Kitchener. (By-law No. 2006-84) (i) To confirm all actions and proceedings of the Council. (By-law No. 2006-85) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Prosperity Developments Inc. -Block Line Road and Rittenhouse Drive. (By-law No. 2006-86) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -1248975 Ontario Inc. -Lawrence Avenue. (By-law No. 2006-87) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:00 pm. MAYOR CLERK COUNCIL MINUTES APRIL 3, 2006 -101 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Uniform Traffic by-law be amended to permit eastbound left turns from King Street West onto Water Street on Sundays. 2. That closure of a portion of the unnamed lane between 136 and 140 Weber Street West that runs from a point 77.5 metres north of Weber Street West to a point 29 metres north thereof be approved in principle, and Legal Services proceed with the preparation of a by-law to close this part of the unnamed lane and the necessary advertising in the local newspaper, subject to the following conditions: a) That the purchaser, being the registered owner of the property municipally known as 130 Weber street West, enter into an Agreement of Purchase and Sale with the City of Kitchener, satisfactory to the City Solicitor, to purchase part of the unnamed land for $1.00. b) That a reference plan to describe the above land be prepared and submitted to Legal Services for approval prior to it being deposited on title, in advance of the preparation of the lane closure by-law. c) That the purchaser be responsible for all costs associated with the survey, legal registration, advertising and Legal Services administration fee associated with the closure of the lane. d) That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to convey this part of the unnamed land to the registered owner of the property municipally known as 130 Weber Street West. 3. That Zone Change Application ZC 06/03lR/CB, initiated by the City of Kitchener, to change the zoning on the subject lands, by modifying Special Use Provision 342U on lands legally described as Plan 1416 Block A, more particularly described as part of Part 1 and Part 2, Plan 58R-2575, in the City of Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated February 6, 2006; and, That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O.1990, Chapter P 13 as amended, and delegation by-law 2002-64, grant draft approval to Plan of Subdivision Application 30T-05206, in the City of Kitchener, for Prosperity Developments Inc., subject to the conditions outlined in Development and Technical Services Department report DTS-06-013, subject to the following changes: That a new condition 6.19 be added under section 2.1.6 SPECIAL CONDITIONS IN ADDITION TO STANDARD CONDITIONS -Other Time Frames, as follows: "6.19 That the Subdivider irrevocably direct its solicitors and surveyors to register a Plan of Condominium as referred to in condition 2.2.13, immediately after the registration of Plan of Subdivision 30T-05206 and prior to any interest in any lot or block created by the plan of subdivision being conveyed or the subject of a charge to third parties. Any conveyance or charge/mortgage of any interest therein made after the registration (other than those which may have existed prior to the registration of the Plan of Subdivision) of Plan of Subdivision 30T-05206 and prior to the registration of the Plan of Condominium is null and void and of no effect. Anyone who purports to acquire any interest in any one or more of the said lots or blocks after the registration of the Plan of Subdivision 30T-05206 and prior to the registration of the Plan of Condominium is bound as successor in title to the Subdivider and consents to the registration of the Plan of Condominium and inclusion of such lot as a parcel of tied land, in said condominium; and, That under Section 2.2 ADDITIONAL CONDITIONS TO BE FULFILLED PRIOR TO REGISTRATION, condition 13 become condition 14, and a new condition 13 be added as follows: COUNCIL MINUTES APRIL 3, 2006 -102 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) `13. The SUBDIVIDER shall submit an application for Draft Plan of Condominium to the City's Planning Division, and receive draft approval from the City's Director of Planning for Block 18, as a common elements condominium for 18 parking spaces to be owned, operated, and maintained by a condominium corporation. The parcels of tied land shall be Blocks 1 to 16.' (As Amended) 4. That the recommendations of the Voisin Greenway Rehabilitation (Stirling Avenue to the Conestoga Parkway) Municipal Class Environmental Assessment Study Report be accepted; and, That the said Class Environmental Assessment Report be submitted to the Ontario Ministry of Environment for the mandatory 30 day review period as required by the Environmental Assessment Act; and further, That following the 30 day mandatory review period and Ontario Ministry of Environment acceptance of the study, implementation of the recommendations in the Study be implemented. 5. That the consultant selection process be waived and Stantec Consulting be hired to complete the 2006 pavement conditions update. 6. That the Regional Municipality of Waterloo be advised that the City of Kitchener supports Alternative 2 for the Fairway Road Extension Bridge to cross the Grand River, being the medium to long span girder bridge design, as contained in Appendix A of Transportation and Environmental Services report E-06-005. 7. That the Regional Municipality be requested to consider working with the province to develop a more aesthetic looking bridge on Highway 8, at the entranceway to Kitchener/Waterloo and the townships, when the province widens the said bridge. 8. That Zone Change Application ZC 06/02/LIAP, 1248975 Ontario Inc. to change the zoning on the subject land at 232 Lawrence Avenue from Existing Use Zone (E-1) with Special Use Provision 261 U to Existing Use Zone (E-1) with revised Special Use Provision 261 U, on lands legally described as Lot 65, Plan 786 in the City of Kitchener, be approved, in the form shown in the "Proposed By-law" dated February 24, 2006, attached to Development and Technical Services Department report DTS-06-040, without conditions. 9. That staff correspond with the Ministry of Transportation of Ontario to request they measure noise levels on Glen Lake Crescent, Glen Avon Crescent and Avalon Place, for noise coming from Highway 7/8, and request the Ministry take appropriate action to eliminate the noise from Highway 7/8 to those residential streets. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Michael Martz, Canadian Professional Golf Association, for the provision of golf professional services and other related matters at both City of Kitchener golf courses, as outlined in Community Services Department report CSD-06-025. 2. That aone-time grant of $1000. ($500. cash and $500. in-kind services for transportation of topsoil and sod stripping), be approved to the Woodcrest Garden Group for costs related to the start-up of the Woodcrest Court Community Garden; and further, COUNCIL MINUTES APRIL 3, 2006 -103 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D} 2. (Cont'd) That the Mayor and Clerk be authorized to execute all necessary agreements with the Woodcrest Garden Group, satisfactory to the City Solicitor, to allow the Woodcrest Court Community Garden to be located on the public lands known as the Woodcrest Court Cul-de- sacbulb. 3. That the CulturePlan II Focus Projects be endorsed as the 2006-2008 implementation strategy for CulturePlan II as developed with CulturePlan II Implementation Teams; and further, That staff investigate the feasibility of making application to the Ministry of Canadian Heritage Cultural Capitals Canada Program. 4. That aone-time general provision grant of $5,000. be approved to Junior Achievement of Waterloo Region, to assist with expenses relating to the provision of the `Economics of Staying in School (ESS) Program'; and further, That at a future Community Services Committee meeting, the Junior Achievement of Waterloo Region provide a summary report of the ESS Program achievements in Kitchener during 2006. 5. That aone-time general provision grant of $5,000. be approved to the Canadian Federation of University Women, Kitchener-Waterloo, to assist with expenses related to publishing and promoting the book `Proudly She Marched: Training World War II Women in Waterloo County'. 6. That aone-time general provision grant of $4,600. ($4,100. cash and $500. in-kind services for exhibit space at Your Kitchener Market) be approved to Neruda Productions, to assist with expenses related to the 2006 Arpillera Project. 7. That the Mayor and Clerk be authorized to execute an agreement with the Kitchener Soccer Club (KSC), to the satisfaction of the City Solicitor, to transfer responsibility of the Kitchener outdoor and indoor youth soccer programs to KSC; and, That the funds being held in trust by the City of Kitchener for the 2006 youth outdoor soccer program, be transferred to KSC; and, That aone-time grant of $25,000., which was set aside for KSC from the 2004 and 2005 outdoor soccer program profits to be used for initial costs associated with transitioning and assuming the management of the soccer program, be approved; and further, That the Mayor and Clerk be authorized to execute a licence agreement, satisfactory to the City Solicitor, with the Kitchener Soccer Club for the use of office space at the Budd Park indoor facility. 8. That the City of Kitchener participate in the Litter Reduction Task Force `Cash for Trash' program. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park on Saturday, June 24 and Sunday, June 25, 2006, the period of June 24 to July 2, 2006 inclusive, be declared a period of Civic Celebration in the City of Kitchener and this event be considered a "Community Festival" within Kitchener; and further, That the Kitchener-Waterloo Multicultural Centre Inc., be granted a Temporary Retail Market Licence, provided that the necessary Licence, including Health and Fire approvals, is obtained. COUNCIL MINUTES APRIL 3, 2006 -104 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. That the request of Doon Heritage Crossroads to invite three food vendors and approximately 5 merchandise vendors to operate at the Emergency Services Muster, Games and Parade on May 27, 2006, at 10 Huron Road, be approved, providing the necessary licence, including Health and Fire approvals, are obtained; and further, That the reduced fee of $37.40 be applicable. 3. That the negotiated request for additional engineering fees of $82,841.81 submitted by Conestoga -Rovers and Associates relative to Expression of Interest E01-125 (Consultant Services -Waterloo Street Reconstruction), be approved. 4. That release of the existing Licence Agreement for the Boathouse in Victoria Park with Cindy Ward be approved and a new Licence Agreement be entered into with 1639885 Ontario Limited for the remainder of the lease term generally in accordance with the terms of the existing agreement and the revised terms and Fee Schedule, as generally outlined in Chief Administrator's Office report CAO-06-022; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor to complete the change to the agreement and Fee Schedule. 5. That the following projects be deferred and the unexpended funds be transferred to the Joseph/Gaukel/Francis/Richmond/Victoria Park Entrance Project: • Guelph Street Reconstruction; • Krug Street Reconstruction; • Duke Street Reconstruction; and, That a total of $1,450,000 be transferred from Uncommitted Infrastructure to the Joseph/Gaukel/Francis/Richmond/Victoria Park Entrance Project; and, That $3,989,365 be transferred from the Gas Capital Investment Reserve Fund to the Joseph/Gaukel/Francis/Richmond/Victoria Park Entrance Project; and, That $600,000 be transferred from the Asset Management Reserve Fund to the Joseph/Gaukel/Francis/Richmond/Victoria Park Entrance Project; and further, That all deferred projects be re-budgeted and reassigned within the 10 year capital budget forecast. (Dealt with under Delegations and Carried Unanimously, as Amended) 6. That Tender T06-010, Road Reconstruction, Joseph Street (Water St. to Queen St.), Gaukel Street (King St. to Joseph St.), Richmond Avenue and Victoria Park Entrance (VPE), be awarded to Bel-Air Excavating & Grading Limited, Cambridge, at their corrected tendered price of $9,456,793.78, including provisional items and contingencies of $567,100.00 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor. (Dealt with under Delegations and Carried Unanimously, as Amended) 7. That Area 1 (former Forsyth building) and Area 2 (Greenspace -King St. W.) on the Centre Block property be developed as interim surface parking lots, as outlined in Community Services Department report CSD-06-041. COUNCIL MINUTES APRIL 3, 2006 -105 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - 1. That Ms. B. Steiner be appointed as the City of Kitchener staff representative to the Region of Waterloo Pesticide Reduction Education Task Force. COUNCIL MINUTES APRIL 3, 2006 -106 - 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. Various Tenders Dealt with under Delegations. 2. Committee of Adjustment Decisions Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held March 14, 2006. It was resolved: "That the application of Sunvest Realty Corp. (Submission No. SG 2006-004 - 901 Victoria Street North) requesting permission to erect a pylon sign to be located 0.2m (0.6') from a parking area rather than 0.6m (1.96'), and permission for this pylon sign to have a concrete base, whereas the Sign By-law requires a clearance between the bottom of the sign and grade of 4.3m (14.1'), on Lots 1 & 2, Registered Plan 929, being Part 1, Reference Plan 58R-14849, 901 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the sign as approved in this application shall be constructed generally in accordance with the plans submitted. 2. That prior to the issuance of a sign permit, the applicant shall submit an updated landscape plan to indicate and implement appropriate landscape plantings in the area of the proposed sign, to the satisfaction of the City's Director of Planning." -and - "That the application of Patrick Flynn (Submission No. FN 2006-004 - 248 Doon South Drive) requesting permission to erect a fence 1.8m (5.9') high to be located 0.6m (1.96') from the lot line along Forest Edge Trail for a distance of 7.3m (23.9') from the rear lot line, rather than the permitted 0.9m (2.95') high fence, on Lot 16, Registered Plan 58M- 158, 248 Doon South Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the fence shall be constructed generally in accordance with the plans submitted with this application." 3. Tag Day Request -Canadian Cancer Society Council considered correspondence from C. McGhee, Fundraising Coordinator, Waterloo Region Unit -Canadian Cancer Society, dated March 15, 2006, requesting permission on behalf of the Royal Canadian Air Cadets to conduct a Tag Day on April 22, 2006, at specified locations. It was resolved: "That Council grant the request of the Royal Canadian Air Cadets -Scott Wilson Tag Day for Cancer, for permission to request donations on behalf of the Canadian Cancer Society at the following locations on Saturday, April 22, 2006, as outlined in correspondence from C. McGhee, dated March 15, 2006: COUNCIL MINUTES APRIL 3, 2006 -107 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Tag Day Request -Canadian Cancer Society - (Cont'd) • King Street -between Ontario Street and Frederick Street; • Ontario and Queen Streets -within one block either side of King Street; • Eby and King Streets -outside entrances of Your Kitchener Market; and, • Outside the entrances of the Kitchener Memorial Auditorium Complex." 4. Request for Permission to Operate Downtown Sidewalk Patios - 2006 Season Council considered Corporate Services Department report CRPS-06-053 (J. Sheryer), dated March 28, 2006. Ms. L. MacDonald responded to questions concerning operation of an outdoor patio at Dandy's Restaurant, advising that the Kitchener Downtown Business Association received no complaints in regard to this location in 2005 and fully supports approval to allow Dandy's to operate their patio again in 2006. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2006; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Big City Donuts, located at 24 Gaukel Street, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2006; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Matter of Taste, located at 119 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2006; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of The New York Pita Co., located at 82 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2006; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Dandy's Restaurant, located at 85 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2006; and further, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Walper Hotel, located at 1 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2006." 5. Noise Exemption Request -Ontario Realty Corporation - 200 Frederick Street Dealt with under Delegations. COUNCIL MINUTES APRIL 3, 2006 -108 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Declaration & Conveyance of Surplus Lands to Region of Waterloo -Ottawa Street South Council considered Corporate Services Department report CRPS-06-047 (L. Proulx), dated March 29, 2006. It was resolved: "That the sliver of land running parallel with Ottawa Street South approximately 1,373 square feet, more particularly described as Part of Lot 1, Municipal Complied Plan No. 1022 and Part of Lot 4, Municipal Compiled Plan No. 1021 to be described on a reference plan, be declared surplus to the City's needs; and, That Legal Services be directed to transfer the said lands to the Regional Municipality of Waterloo at the price of $7,100 to accommodate a westbound left turn lane on Ottawa Street into the proposed westerly access of the Craft Development; and, That all costs associated with this transaction are to be borne by Craft Development; and further, That the Mayor and Clerk be authorized to execute any necessary documentation satisfactory to the City Solicitor." 7. Appointment -Court of Revision Council considered Corporate Services Department report CRPS-06-056 (R. Gosse), dated March 29, 2005. It was resolved: "That Councillor B. Vrbanovic be appointed to the Court of Revision for the hearing scheduled on Monday, April 24, 2006." 8. Liquor Licence Application - 91 Queen Street South (Relax) Council considered this date Corporate Services Department report CRPS-06-060 (J. Sheryer), dated April 3, 2006, concerning an application for a Provincial liquor licence. It was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council withdraw its resolution of January 30, 2006 opposing issuance of a liquor licence for the establishment to be located at 91 Queen St. S. and take no action to oppose the application for a liquor license for "Relax", located at 91 Queen St. S., Kitchener applied for by 1623315 Ontario Ltd. (623315 Ontario Ltd. as filed with Alcohol & Gaming Commission of Ontario (AGCO), proper company name to be confirmed) with shareholders and directors Serguei Totikov and Raisa Rattsan (herein referred to as the "Applicant"); and further, That Council authorize the Manager of Downtown Community Development on behalf of the City to enter into an agreement with the applicant should it be willing wherein the applicant agrees to abide by the following conditions and to request they be added to its licence if the AGCO chooses to issue the licence: 1. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; COUNCIL MINUTES APRIL 3, 2006 -109 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Liquor Licence Application - 91 Queen Street South (Relax) - (Cont'd) 3. To abide to a set 40% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in the application (in other words, alcohol sales will be limited to 40% of gross refreshment sales); 4. To stop serving alcohol by 1:00 a.m. daily; 5. To notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. To comply with the noise by-law and the smoking by-law; and 7. These conditions shall bind all successors, assigns and subsequent licence holders (if any)." 9. Licensing Application Hearing - 265 King Street East (Red Lantern) Council considered this date Corporate Services Department report CRPS-06-061 (R. Gosse), dated April 3, 2006, requesting that a hearing be scheduled to consider issuance of a business licence and to appoint members of the tribunal. It was resolved: "That a hearing be held under the authority of the Municipal Act, 2001, to determine whether to issue a licence, issue a licence with special conditions or refuse the licence with respect to a licence application for the business Red Lantern, 265 King Street E.; and, That Councillors J. Smola, B. Vrbanovic, J. Gazzola and Mayor C. Zehr (alternate) be appointed as members of the tribunal; and further, That the hearing, to be held at Kitchener City Hall be scheduled as soon as possible and notice be given, following which a report will be submitted to Council for its consideration."