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HomeMy WebLinkAboutCouncil - 2006-05-29COUNCIL MINUTES MAY 29, 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 "O Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held May 8, 2006 and special meetings held May 8 & 15, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated May 18, 2006 from the Office of the Minister of Public Works and Government Services acknowledging receipt of Council's resolution regarding relocation of the Canada Post office in the Downtown. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In regard to Tender T06-021 (Aggregates), Mr. Gordon agreed to investigate the potential to partner with local municipalities and the Region of Waterloo in future tenders of this nature. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T06-021, Aggregates, be awarded to Lafarge North America, Guelph, Ontario, Preston Sand & Gravel Company Limited, Kitchener, Ontario and Tri City Materials Limited, Kitchener, Ontario at their tendered prices, including P.S.T. & G.S.T." -and- "That Tender T06-027, Furniture (Standard) for City of Kitchener, be awarded to Inscape Corporation, Cambridge, Ontario, at their adjusted tendered price of $313,992.72, including G.S.T. & P.S.T., and that the City purchase furniture from Inscape Corporation for an additional four (4) years, with an option to renew the agreement for one (1) additional five (5) year period, subject to mutual agreement." -and- "That Tender T06-040, Supply and Deliver Rotary Gas Meters, be awarded to Romet Limited, Mississauga, Ontario, at their tendered price of $278,648.86, including P.S.T. plus G.S.T." -and- "That Tender T06-045, Roof Replacement -Harry Class Pool, Victoria Park Machine Shop and Centreville Chicopee Community Centre, be awarded to Palmer Roofing & Insulation Limited, St. Clements, Ontario as follows: • Harry Class Pool - $55,567.24, including G.S.T. & P.S.T.; • Victoria Park Machine Shop - $24,721.28, including G.S.T. & P.S.T.; and • Centreville Chicopee Community Centre - $100,565.02, including G.S.T. & P.S.T." -and- "That Tender T06-048, Light and Medium Duty Vehicles, be awarded as follows: • Three (3) Compact Pickup Trucks, be awarded to Weiland Ford Sales Ltd., Kitchener, Ontario, at their tendered price of $57,739.20, including G.S.T. & P.S.T.; • Three (3) Compact Extended Cab Pickup Trucks, be awarded to Weiland Ford Sales Ltd., Kitchener, Ontario, at their tendered price of $66,098.55, which includes one unit being purchased with an optional four wheel drive at a cost of $3,000., including G.S.T. & P.S.T.; and • Three (3) Dual Rear Wheel Crew Cab and Chassis, be awarded to Steve Scherer GMC, Kitchener, Ontario, at their tendered price of $128,095.25, including G.S.T. & P.S.T." Carried. COUNCIL MINUTES MAY 29, 2006 - 152 - CITY OF KITCHENER Councillor B. Vrbanovic, Co-Chair, Safe & Healthy Community Advisory Committee, and representatives of the Waterloo Regional Police Services, Kitchener Fire Department and Waterloo Regional Emergency Medical Services (Ambulance), attended to present the 2006 Youth Issues Grants and Awards in recognition of contributions made to youth programming in the community. Councillor Vrbanovic advised that proceeds raised from the Annual 911 Golf Tournament provide grant funding in support of youth programming and this year 21 programs will benefit. Representatives of this year's recipients were present to receive awards on behalf of the following programs: • Kingsdale Neighbourhood Association -Kingsdale Youth Program • Child Witness Centre -Youth Symposium • Waterloo Regional Police Services -Children's Safety Village • Centreville-Chicopee Community Association -Chicopee Outreach Program (C.O.P.S.) • J. Steckle Heritage Homestead -Leaders in Training Program • Worldwide Opportunities for Women -Healthy Relationships • Reaching Our Outdoor Friends (R.O.O.F.) - Reality (Recreational, Education & Learning Initiatives Targeted to Youth) • Mill-Courtland Neighbourhood Association -Get In the Game Summer Camp • Kitchener Fire Department -Waterloo Region Arson Prevention Program for Children (WRAPP-C) • Victoria Hills Neighbourhood Association -Weekend Youth Drop-ins • African Women's Alliance -Youth Dance Workshop • Chandler-Mowat Community Centre -Youth Hang Time • City of Kitchener -It's All About Youth Program • Highland-Stirling Community Group -You Go Girl Adventure Camp • Grand River Collegiate Institute -Challenge Day • City of Kitchener - Doon Youth Outreach Program • Festival of Neighbourhoods -Youth Grand Truck Project • Highland-Stirling Community Group -The Real Game of Life • Centreville-Chicopee Community Association -Express Yourself • Downtown Community Centre -End of Summer Event • Courtland-Shelley Neighbourhood Group -After School and Youth Programs Ms. J. Hutchison attended to provide an overview of the Parks and Recreation Ontario (PRO) Community Awards, presented to individuals and organizations who have contributed to the advancement of leisure, parks and recreation in Ontario. She added that a Long Service Award Program was established by Community Services staff to recognize local groups for milestone anniversaries not covered under the PRO program. Representatives of this year's recipients were presented the awards from each member of Council as follows: 5 years $ years • Topspin Table Tennis K-W Sports Council & KidSport • Heritage Lawn Bowling 10 years 15 years • Twin City Tackle Football Country Hills T-Ball • K-W Special Olympics 20 years 25 years • K-W Rowing Club K-W Sidewinder Sledge Hockey • Breithaupt T-Ball SW Optimists T-Ball • Excelsior Fencing • K-W Synchronized Swimming 30 years 35 years • K-W Water Polo Forest Hill T-Ball • Region of Waterloo Swim Club 40 years 45 years • Kitchener Girls Softball Conestoga Sailing Club • K-W Gymnastics Club COUNCIL MINUTES MAY 29, 2006 - 153 - CITY OF KITCHENER 65 years 70 years • Waterloo Region Boxing Kitchener Minor Hockey Councillor B. Vrbanovic advised of completion of a draft Air Quality Plan for the City of Kitchener in response to Council's direction in 2004 to the Environmental Committee. The Plan was developed by the Environmental Committee's Air Quality Working Group (AQWG), a number of whom were in attendance this date. A copy of the Plan, entitled "Air Quality in Kitchener - 2006", was circulated this date to members of Council and senior staff. Ms. Nirala Sonder, Chair of the AQWG, and Ms. Yvonne Fernandes, presented details of the Plan which contains over 50 recommended actions to improve air quality for consideration over the long term. It was recognized that only a limited number of initiatives will be achievable in any given year and accordingly, the following five "Best Bets" have been identified for immediate consideration in 2006: • initiate ISO 14001 EMS program for the City's Fleet operations; • reduce non-residential ICI (industrial /commercial /institutional) point-source emissions; • increase green space requirements for development and introduce yard naturalization programs; • reach out to School Boards (idling signs /awareness and promotional assistance, etc.); and, • promote residential energy conservation. Ms. Sonder stated that local governments have a responsibility to address air quality, which can only begin with an accountable management system. The Plan is therefore, intended to be a living document to be monitored and updated by the Environmental Committee and the City as it evolves over time. She concluded that the next steps will involve an extensive consultation process with stakeholders, community groups and other local governments (June -September, 2006); followed by preparation of a staff report and recommended implementation plan for consideration of the Environmental Committee; with the Committee's recommendation to be considered by the Development and Technical Services Committee on September 18 and by Council on September 25, 2006. Members of AQWG responded to a number of questions, commenting on: the impact of the Federal Government's decision to discontinue funding to the Residential Energy Efficiency Project CREEP); causes affecting the Region's high air pollution ratings; criteria of the ISO program; and plans for presentation to other agencies (i.e. other local governments and school boards). Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the report entitled `Air Quality in Kitchener - 2006', prepared by the City's Environmental Committee -Air Quality Working Group, be received; and further, That the proposed timeline for the consultation process be considered by City staff and discussed at the June 22, 2006 Environmental Committee meeting, with a recommended course of action for implementation to be considered by the Development and Technical Services Committee (September 18) and City Council (September 25)." Carried Unanimously. Messrs. Denis Pellerin, Frank Schilling and Bryan Smith, residents of the Mt. Hope neighbourhood, were in attendance to request an immediate review of triplexing in the Mt. Hope neighbourhood and to request re-zoning of the area to exclude triplexes as a permitted use. Councillor J. Smola referred to a recent meeting of the Community Mobilization Steering Committee for the Mt. Hope neighbourhood wherein the delegations' concerns were brought forward. At that time, City planning staff advised that they could not commence a review until 2007 because of current workload. The delegations spoke in opposition to the escalation of triplex conversions in the Mt. Hope area, raising concerns regarding lack of parking, greenspace, compatibility with the neighbourhood, and speculative development based on prospective housing demands for students of the University of COUNCIL MINUTES MAY 29, 2006 - 154 - CITY OF KITCHENER Waterloo's Downtown Health Sciences Campus. The delegations requested that Council take action to: • tighten regulations that would restrict real estate and property size requirements to meet the need for greenspace and parking; and impose distance separators on converted dwellings; • impose a moratorium on triplex conversions to allow a review of the Mt. Hope neighbourhood and other City areas; • direct City staff to set the review and implementation of stringent regulations as a priority; • correspond with real estate and developers to inform them of a student housing policy drafted by City staff; and, • in the long term, consider a re-zoning of the area from the current R4 Zoning. Councillor J. Smola noted that the City has made considerable investment in infrastructure in the Mt. Hope area over the past 10-15 years to improve the neighbourhood and he was supportive of finding a solution to the issues raised this date. Councillor B. Vrbanovic agreed that it was important to deal with these issues in a timely manner, suggesting that if determined necessary the City could look at temporary staff resources. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Planning staff be directed to prepare a report for consideration in June 2006 by the Development and Technical Services Committee, responding to the issues and concerns raised by Denis Pellerin on behalf of the Mt. Hope neighbourhood regarding triplexes and related matters." Carried. Mayor C. Zehr noted that a number of delegations were in attendance in regard to the Community Services Committee report concerning a business case for aCity-owned and operated 9-hole expansion and golf skills facility at the Doon Valley Golf Course. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, the Community Services Committee report of this date was brought forward for consideration to approve completion of the business case for the Doon Valley Golf Course expansion. Mayor C. Zehr clarified comments made by him at the May 15, 2006 Community Services Committee meeting, advising that he fully supports the motion as written on the understanding that the business case will address the economics of adding an additional 9-holes to the golf course. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried Unanimously, on a recorded vote. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted. Carried. At the request of Mr. R. Gosse, City Clerk, it was agreed to amend Clause 1 of the Finance and Corporate Services Committee report regarding approvals for various events to be held in the Downtown in 2006, to provide for an amendment to Schedules `A', `B' and `C' of Corporate Services Department report CRPS-06-078 to change the locations of `The Beat Rocks the Block' event and the `Firefighters Challenge' from Civic Square /King and Frederick Streets to the Forsyth /King Street parking lot. COUNCIL MINUTES MAY 29, 2006 - 155 - CITY OF KITCHENER Council was in receipt this date of Corporate Services Department report CRPS-06-084 (P. Harris), concerning Clause 3 of the report dealing with a request from Kevin Callum, owner of Sharper Images, to hold a customer appreciation barbecue which would include the sale of alcohol on City- owned property at 91 Queen Street South. Councillor J. Smola advised that he was of the understanding that Mr. Callum had met with representatives of the Kitchener Downtown Business Association and had agreed to move the sale of alcohol to the inside of his business establishment; and therefore, would not be serving alcohol on the City-owned parking lot. On motion by Councillor J. Smola, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 3 of the Finance and Corporate Services Committee report by replacing the deferral clause with the staff recommendation contained in report CRPS-06-084 to enter into an agreement with Kevin Callum regarding a customer appreciation barbecue, provided no alcohol is served on the City- owned parking lot at 91 Queen Street South. Council was also in receipt this date of a memorandum from Ms. P. Houston, General Manager of Financial Services & City Treasurer, dated May 29, 2006, regarding Clause 4 of the Finance and Corporate Services Committee report dealing with a tri-party agreement for creation of a woodworking and craft centre at 173 Roger Street, Waterloo. The report provides additional information in regard to an assessment of the valuation of the leasehold improvements. The report of the Finance and Corporate Services Committee was then voted on clause by clause. Clauses 1 & 3 -Carried, as Amended. Balance of report -Carried. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Audit Committee be adopted." Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Environmental Committee be adopted." Carried. Councillor J. Gazzola requested clarification of the intent of asking Kitchener Utilities and Kitchener- Wilmot Hydro to look at transitional funding for the Residential Energy Efficiency Project (REEP); in particular, asking if it is intended that they take over the funding previously provided by the Federal Government. Councillor B. Vrbanovic advised that this suggestion came from Kitchener-Wilmot Hydro in that, it would tie in with Hydro's responsibility to decrease energy consumption. It was their view it would be helpful to look at interim funding to assist REEP pending attempts to lobby both the Federal Government to re-instate funding and the Province to participate in the program. Ms. Mary Jane Patterson, Manager -REEP, responded to questions advising that initially REEP received Federal funding in the form of a $150. subsidy per evaluation which was later reduced to $100. and in 2003 the grant funding was provided directly to the homeowner. Both forms of funding have now been cancelled by the Federal Government. She noted that Kitchener-Wilmot Hydro and Kitchener Utilities are making a big difference by offering to contribute subsidies toward the evaluations, allowing REEP to carry on the program. She added that REEP is working with Green Communities Canada to urge the Province to step in, noting that several Provinces have already announced plans to take over in the absence of Federal funding. Ms. Patterson also advised that the subsidies provided by Kitchener-Wilmot Hydro and Kitchener Utilities will apply only to residents in Kitchener and Wilmot. The report of the Environmental Committee was then voted on and Carried Unanimously. COUNCIL MINUTES MAY 29, 2006 - 156 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Councillor G. Lorentz gave notice that he would introduce a motion at a future Council meeting to request that the Mayor and City staff enter into discussions with the Minister of Transportation to request installation of protective barriers on remaining portions of the Conestoga Parkway where medians have not yet been placed. Councillor J. Gazzola referred to a recent decision of the Province to extend the term of municipal councils from three to four years. He asked that staff be directed to prepare a report recommending that terms of office for municipal councils be limited to a consecutive period of 10 years. He commented that this would provide opportunity for other interested candidates to participate on local Councils and asked that the recommendation provide for circulation to the Province and the Association of Municipalities of Ontario to solicit their support. Mayor C. Zehr commented that it would be inappropriate to place staff in the position of making a recommendation; however, he suggested and it was agreed, that staff would research the matter and provide background information for Council to consider. Councillor B. Vrbanovic asked that information be included in the report relative to other jurisdictions in Canada and / or the United States that may have undertaken similar considerations. Councillor J. Gazzola then referred to a recent decision of Council to return a portion of the operating surplus realized in 2005 back to Kitchener residents in the form of a one-time property tax reduction, resulting in a reduction of the 2006 property tax increase to 0%. Similarly, he noted that a $17.5M surplus in gas works has been realized as opposed to previous estimates of $13.5M. At the request of Councillor Gazzola, it was agreed that staff would report to a future Finance and Corporate Services Committee meeting as to any similar action that might be taken to allow the City's utility customers to share in the surplus. Ms. P. Houston, General Manager of Financial Services & City Treasurer, responded to a further question of Councillor J. Gazzola advising that a staff report will come forward to the June 12 Finance and Corporate Services Committee meeting outlining a proposed direction relative to the 1 reduction in the GST rate. Councillor B. Vrbanovic referred to a recent decision of the Ministry of Transportation not to install noise barriers along Highway 8 adjacent to residential neighbourhoods located in his and Councillor Gazzola's Wards. He stated that he had difficulty accepting the results of the study on traffic volumes and growth projections, which indicate a barrier is not warranted. He asked that staff report to a future Development and Technical Services Committee meeting on this matter with suggestions as to how the City might advocate a change in the Province's position. At the request of Councillor B. Vrbanovic, it was agreed that staff would investigate concerns raised by area residents in regard to erosion of the embankment in the area of Grand River Boulevard to determine if stabilization of the slope needs to be addressed. Councillor B. Vrbanovic gave notice that he would introduce a motion following the next Arts & Culture Advisory Committee meeting to request the Federal Government to consider expanding on the proposed Children's Fitness Tax Credit to provide similar subsidy for children having an interest in the arts and arts programming. Mayor C. Zehr reported on Regional matters, advising that the final draft of two proposed amendments to the Regional Official Policies Plan to implement environmentally sensitive landscapes was approved by Regional Council on May 10, 2006. A Regional Food Waste Organic pilot project will run from October, 2006 through September, 2007 allowing 12 months to evaluate the program with approximately 5,000 households in the tri-cities to participate. Regional Council endorsed in principle, proceeding with the proposed strategy for further consultation with the tourism industry regarding the establishment of a tourism destination marketing organization for Waterloo Region. Finally, a Regional website has been established to provide up-to-date information on the Region of Waterloo's Rapid Transit Environmental Assessment. The Phase 1 draft report is now available for a COUNCIL MINUTES MAY 29, 2006 - 157 - CITY OF KITCHENER 30-day public review period from May 19 -June 19, 2006 and a copy of the report is available for viewing in the City's Office of the City Clerk. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to repeal By-law Number 91-142, as amended by By-law Number 2005- 212, being by-laws to designate part of the property municipally known as 39 Doon Valley Drive and part of the former Doon Valley Drive road right-of-way in the City of Kitchener as being of historical and architectural value. (b) Being a by-law to exempt certain lots from Part Lot Control -Block 148, Registered Plan 58M-324, Block 104, Registered Plan 58M-359; and Block 123, Registered Plan 58M-384 - Cranbrook Street and Thomas Slee Drive. (c) Being a by-law to exempt certain lots from Part Lot Control -Part Block 124, Registered Plan 58M-299; Block 150, Registered Plan 58M-324; and Block 121, Registered Plan 58M-384 - Steepleridge Street and Robert Ferris Drive. (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to appointment of staff. (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. (g) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (h) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (i) 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. (j) Being a by-law to set and levy the rates of taxation for City purposes for the year 2006 and to provide for the payment of taxes after interim taxes. (k) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "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. COUNCIL MINUTES MAY 29, 2006 - 15$ - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to repeal By-law Number 91-142, as amended by By-law Number 2005- 212, being by-laws to designate part of the property municipally known as 39 Doon Valley Drive and part of the former Doon Valley Drive road right-of-way in the City of Kitchener as being of historical and architectural value. tBy-law No. 2006-113) (b) Being a by-law to exempt certain lots from Part Lot Control -Block 148, Registered Plan 58M-324, Block 104, Registered Plan 58M-359; and Block 123, Registered Plan 58M-384 - Cranbrook Street and Thomas Slee Drive. tBy-law No. 2006-114) (c) Being a by-law to exempt certain lots from Part Lot Control -Part Block 124, Registered Plan 58M-299; Block 150, Registered Plan 58M-324; and Block 121, Registered Plan 58M-384 - Steepleridge Street and Robert Ferris Drive. tBy-law No. 2006-115) (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to appointment of staff. tBy-law No. 2006-116) (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. tBy-law No. 2006-117) (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. tBy-law No. 2006-118) (g) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2006-119) (h) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2006-120) (i) 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. tBy-law No. 2006-121) (j) Being a by-law to set and levy the rates of taxation for City purposes for the year 2006 and to provide for the payment of taxes after interim taxes. tBy-law No. 2006-122) COUNCIL MINUTES MAY 29, 2006 - 159 - CITY OF KITCHENER (k) To confirm all actions and proceedings of the Council. tBy-law No. 2006-123) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 8:55 p.m. Carried. MAYOR CLERK COUNCIL MINUTES MAY 29, 2006 - 160 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the establishment and use of Built Heritage Resource Preservation & Maintenance Agreements be approved in a form satisfactory to the City Solicitor and generally as outlined in Development & Technical Services Department report DTS-06-079, to secure the conservation of select properties and to qualify property owners for a heritage property tax refund. COMMUNITY SERVICES COMMITTEE - 1. That a business case for a City owned and operated 9-hole expansion and golf skills facility at Doon Valley Golf Course be completed; and, That no further action be taken with regard to the other potential options for golf course lands and tablelands at Doon Valley Golf Course, as outlined in Community Services Department report CSD-06-054; and further, That $35,000. in funding be approved to finance the outstanding balance of the Asset Review and future development of the business case. (Dealt with under Delegations and Carried Unanimously, on a Recorded Vote) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the request for the sale of food and/or merchandise on City property during various events being conducted from June to December 2006, listed on Schedule `A' of Corporate Services Department report CRPS-06-078 and as amended by revising Schedules `A', `B' and `C' of report CRPS-06-078 to change the locations of `The Beat Rocks the Block' event (July 29, 2006) and the `Firefighters Challenge' (July 1, 2006) from the Civic Square and King / Frederick Streets to the Forsyth /King Street parking lot, be approved provided the necessary licences are obtained, including Health and Fire approval; and, That the request for an exemption from Chapter 450 (Noise) of the Municipal Code for the events listed on Schedule `B' of report CRPS-06-078 be granted; and further, That the request for permission to sell alcohol on City property for the events listed on Schedule `C of report CRPS-06-078 be granted and be declared `Community Festivals' for the purpose of applying for a liquor licence. (As Amended) WHEREAS child development experts, women's advocates, and international organizations have all agreed that Canada's current patchwork system of child care is sadly inadequate and undermines the lifelong potential of our children, and the opportunity for full labour force participation by parents; and, WHEREAS the existing bilateral Federal-Provincial child care agreements are a long overdue, partial step toward developing a national system of early child education; and, WHEREAS the Federal Government's anticipated annual surplus of $15 billion in the coming years provides ample resources with which to fund both the continuation of those bilateral agreements, as well as the Government's proposed $100. per month child allowance; THEREFORE BE IT RESOLVED that the City of Kitchener call on the Federal Government to make afive-year commitment to continue the Federal-Provincial child care funding agreements in the next Federal budget; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Right Honourable Stephen Harper; Honourable James Flaherty, Minister of Finance; all local MP's; the Federation of Canadian Municipalities and the Association of Municipalities of Ontario. COUNCIL MINUTES MAY 29, 2006 - 161 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Kevin Callum and the City of Kitchener regarding a customer appreciation barbecue, provided no alcohol is served on the City parking lot at 91 Queen Street South as set out in Corporate Services Department report CRPS-06-084, dated May 23, 2006. (As Amended) 4. That the Mayor and City Clerk be authorized to execute a tri-party agreement, satisfactory to the City Solicitor, between Kitchener Woodworking & Craft Club Inc., the Corporation of the City of Kitchener and the Corporation of the City of Waterloo, for the purposes of providing funding for the creation of a woodworking and craft centre located at 173 Roger Street, Waterloo; and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City solicitor, with the registered owner of 173 Roger Street, Waterloo, for the purposes of securing leasehold improvements for the benefit of the woodworking and craft centre. 5. That no action be taken on the appeal of Zbigniew Wilk of the decision of the Manager of Licensing not to issue a licence to operate a Refreshment Vehicle (hot dog cart) at 6 Bridge Street West. AUDIT COMMITTEE - 1. That the mandate for the Communications and Marketing Division, as outlined in Chief Administrator's Office report CAO-06-033, be endorsed, save and except where reference is made to the Division providing support to individual Councillors which will be revised by the Chief Administrative Officer (CAO) and reconsidered at a future meeting of the Audit Committee. ENVIRONMENTAL COMMITTEE - 1. WHEREAS Canadians from coast to coast to coast are becoming increasingly concerned about the impacts of global warming and climate change and are calling on governments at all levels to put a high priority on environmental issues and to invest in strategies which would positively address these issues for future generations of Canadians; and, WHEREAS in the recent Environics Survey of values of Kitchener residents, protecting the environment was supported by 78 percent of residents surveyed; and, WHEREAS recently the Federal government announced that it was canceling funding for the "Energuide for Houses" program, which locally was administered as part of Residential Energy Efficiency Program CREEP) - a successful program which in Waterloo Region has brought about 2,400 tonnes of CO2 reductions annually; an estimated $700,000. in energy savings every year for participating homeowners; $3-5 million in local spending on building materials and labour; over $535,000. in federal grants received by our customers; and has provided valuable information for homeowners about home health, safety and comfort; THEREFORE BE IT RESOLVED that the City of Kitchener urge the Federal government to immediately restore funding for this highly successful program so that additional gains can be made in the CO2 reductions already achieved; and, BE IT FURTHER RESOLVED that this motion be circulated to the Prime Minster, the Minister of the Environment, local Members of Parliament and the Federation of Canadian Municipalities for consideration as an emergency resolution at their upcoming conference; and, COUNCIL MINUTES MAY 29, 2006 - 162 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - (CONT'D) 1. (Cont'd) BE IT FURTHER RESOLVED that the Premier of Ontario and Ontario Minister of the Environment be encouraged to consider Provincial support to assist in continuation of this valuable program; and, BE IT FINALLY RESOLVED that as an interim measure the City approach Kitchener Utilities and Kitchener-Wilmot Hydro to look at the possibility of providing some transitional funding to REEP to continue the program for the balance of 2006 while the Federal government is encouraged to once again fund the program and while REEP looks at alternate funding mechanisms to continue this valuable climate protection program locally if the government maintains their decision to abandon the program. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-V-004 (80 Lorne Crescent) be approved to permit the demolition of the existing single car garage, and the construction of a new garage as shown on the plans submitted in support of the Heritage Permit Application; subject to the roof being constructed with a 7/12 pitch; the exterior cladding be horizontal vinyl siding (white or light blue in colour); and the garage be screened from view from the street with the installation of an arbor and privacy fencing in the westerly side yard, and the installation of fencing and/or hedges in the easterly side yard; and further, That consideration be given by the City's Urban Forest Technologist to enhance the screening of the proposed garage at 80 Lorne Crescent by planting trees adjacent to the subject property on the City-owned public open space located to the east; the species of which to be complimentary to the St. Mary's Heritage Conservation District Plan Guidelines. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-V-005 (105 Water Street South) be approved to permit the construction of a new dormer as shown on the plans submitted in support of the Heritage Permit Application; subject to the window on the east dormer being relocated to the center of the dormer, and the white vinyl siding on both the east and west dormers to match the profile of the wood siding on the front gable of the house, as outlined in Development and Technical Services Department report DTS-06-072. 3. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-V-006 (51 Doonbrook Place) be approved to permit the addition of a double car garage to an existing single car garage as shown on the design drawings submitted in support of the Heritage Permit Application and circulated at the May 2, 2006 Heritage Kitchener meeting. COUNCIL MINUTES MAY 29, 2006 - 163 - 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. Dog Designation Appeal Committee Decisions It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Cheryl Delong wherein the Committee hereby rescinds the designation of Prohibited Dog applied to 'Sable', a dog owned by Ms. Cheryl Delong, be ratified and confirmed." -and- "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Melissa Warden and Mr. Marlon Reynolds wherein the Committee hereby affirms the designation of Prohibited Dog applied to'Tyson', a dog owned by Ms. Melissa Warden and Mr. Marlon Reynolds, be ratified and confirmed." 2. Various Tenders Dealt with under Delegations. 3. Liquor Licence Review Application -New Fredrick's Restaurant Inc. - 5$ Frederick Street, Kitchener Council considered Corporate Services Department report CRPS-06-083 (P. Harris on behalf of the Liquor Licensing Review Committee), dated May 17, 2006. 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 take no action to oppose the application for a liquor license for New Fredrick's Restaurant Ltd., located at 58 Frederick Street applied for by New Fredrick's Restaurant Ltd. (herein referred to as the "Applicant"); and further, That Council authorize staff to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario (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; 3. To abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries), (in other words, alcohol sales will be limited to 30% of gross refreshment sales); 4. To stop serving alcohol by 2:00 a.m. daily; COUNCIL MINUTES MAY 29, 2006 - 164 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Liquor Licence Review Application -New Fredrick's Restaurant Inc. - 5$ Frederick Street, Kitchener tCont'd) 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)." 4. Committee of Adiustment Decision Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held May 9, 2006. It was resolved: "That the application of Norstar Group of Companies (Submission No. SG 2006-008 - 310 Fairway Road) requesting permission to erect two ground signs, one to be located 0.4 m (1.31 ft.) from the lot line along Wilson Avenue, the other to be located 0.4 m (1.31 ft.) from the lot line along Fairway Road rather than the required 3m (9.84 ft.); with the sign on the Wilson Avenue frontage to be located within the 4.57 m (14.9 ft.) driveway visibility triangle, on Part Lots 2-4, Plan 962, Part Lots 17 & 18, Plan 988, and Part Lot 167, Streets & Lanes, 310 Fairway Road South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the signs as approved in this application shall not exceed 0.91 m (3 ft.) in height." 5. Exemption to Chapter 450 tNoise) of the Municipal Code -Grand River Transit Council considered this date Corporate Services Department report CRPS-06-086 (S. Turner), dated May 29, 2006, concerning a request from the Grand River Transit Authority for an exemption to the City's noise provisions for construction work relative to renovations to the Downtown transit terminal. Councillor B. Vrbanovic questioned the feasibility of limiting the exemption to midnight given the surrounding neighbourhoods are also being inconvenienced by reconstruction of the Victoria Park entrance / Gaukel Street project. Mr. Shayne Turner, Interim General Manager, Corporate Services Department, advised that limiting the time to midnight would present hardship to the contractor as the work in question may have to be done after the terminal closes which is 11:00 p.m. He noted that the exemption is being requested as a precautionary measure and is expected to be used only on 3 to 4 nights of the 3 week project. At the request of Councillor B. Vrbanovic, it was agreed to modify the staff recommendation to provide that approval be subject to the Regional Municipality of Waterloo implementing a communication strategy with area residents. It was resolved: "That subject to the Regional Municipality of Waterloo implementing a communication strategy with area residents, an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Grand River Transit to undertake renovations to the Downtown transit terminal between the hours of 7:00 p.m. and 7:00 a.m. on various dates between June 5 and June 23, 2006, excluding any Saturdays or Sundays."