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HomeMy WebLinkAboutCouncil - 2006-06-19COUNCIL MINUTES JUNE 19, 2006 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "O Canada" by Symone Snively, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held May 29, 2006 and special meetings held May 29 & June 12, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letters dated May 18 & 26, 2006 from the Office of the Prime Minister and the Minister of Finance, acknowledging receipt of Council's resolution regarding fuel prices. (b) Letter dated June 8, 2006 from the Minister of Public Works & Government Services, acknowledging receipt of Council's resolution regarding the relocation of the Canada Post outlet. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor M. Galloway requested that action concerning Expression of Interest E06-053 (Construction Management Firm -New Twin Pad Arena) be deferred for a period of one week pending staff response to a number of questions he had, as well as those received from an unsuccessful bidder. Mayor C. Zehr also requested that staff review the financial summary with regard to this tender as it relates to the amount of $223,960., which does not appear to be included in the projected amount. Councillor J. Gazzola indicated he also had a number of questions regarding this tender and would forward them to staff for response. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the staff recommendation contained in Financial Services Department memorandum (L. Gordon), dated June 13, 2006, concerning awarding of Expression of Interest E06-053 (Construction Management Firm -New Twin Pad Arena) be deferred and referred to the June 26, 2006 special Council meeting, pending staff response to questions of Council and review of the financial summary." Carried. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That Tender T06-015, Preventive Maintenance Inspections / De-Liming Water Heaters, be awarded to Delta Incorporated, Waterloo, Ontario, at their tendered price of $160,500. for Preventive Maintenance Inspections and $118,368.75. for De-Liming Services, including G.S.T." -and- "That Tender T06-044, Desktop Computers, be awarded to Amsdell Inc., Richmond Hill, Ontario at their tendered price of $192,280., plus optional upgrades of $9,177., including P.S.T. & G.S.T.; and further, That Council authorize a contingency purchase of up to fifty (50) additional computers, including options, at current fair market price during the term of the contract." -and- "That Tender T06-049, Closed Circuit T.V. Inspection of Gravity Sewers, be awarded to Capital Commercial Pipe Services Ltd., Hamilton, Ontario at their tendered price of $157,803.60, including contingencies of $15,000. and G.S.T.; and further, COUNCIL MINUTES JUNE 19, 2006 - 169 - CITY OF KITCHENER That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T06-051, Duke/Ontario Streets Parking Garage 2006 Rehabilitation Program, be awarded to Underground Services (1983) Ltd., Bolton, Ontario at their tendered price of $983,116., including contingency items of $100,000. 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 T06-052, Gas Pipeline Construction, be awarded to Link-Line Contractors Ltd., Mississauga, Ontario for atwo-year period, with an option to renew for one additional year, at their adjusted tendered price of $4,589,758.23, including contingencies of $714,905.65 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Ms. Helene Beaulieu, President, Western Ontario Chapter, Kidney Foundation of Canada, presented a commemorative photograph of the `Living Green Ribbon' campaign held in Civic Square on April 26, 2006, to promote organ donation awareness. Ms. C. Ladd, Chief Administrator, accepted the photograph on behalf of the City and in acknowledgement of City staff who participated in this event. Mr. Tom Hardacre, Planning & Engineering Initiatives, attended in support of Clauses 7 & 8 of the Development and Technical Services Committee report of this date dealing with various planning application approvals related to: Demolition Control Application DC 06/04/W/LT for 59 & 61 Weber Street East; Valleyview Road -Howe Drive Community Plan Amendment; zoning amending application ZC 05/21/H/TMW and Plan of Subdivision 30T-04207 for Windale Crescent / Howe Drive; and exemption to Council Policy I-1147 (Street Naming, Addressing, Multiple Unit Identification Signs / Street Name Change). In response to Councillor C. Weylie, Mr. Hardacre advised that parking for this development will be on what is now 61 Weber Street East and will be in excess of zoning requirements. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clauses 7 & 8 of the Development and Technical Services Committee report of this date be adopted." Carried. Council was in receipt of correspondence dated May 23, 2006 from Mr. Morris Manning, solicitor for Radovan Zivkovic, requesting reconsideration of Council's January 31, 2005 resolution denying a request by Mr. Zivkovic to amend the City's Licensing By-law to allow his business, Taj Mahal Body Rub, to move from 8-808 Courtland Avenue East to 37 Bruce Street. Mr. M. Manning attended on behalf of Mr. Zivkovic, to provide information in support of the request. He alleged differential treatment by Council in regard to his client's request as it relates to other decisions of Council regarding like businesses and commented on provisions of the Municipal Act which provide that municipalities shall not discriminate within a class of business. He acknowledged that the new location does not meet the distance separation requirements of By-law 2004-271; however, he suggested that comments made by staff at the time of consideration of the request were not given due consideration, wherein it was noted in the staff report that the new location is beside an on-ramp to the Conestoga Expressway and abuts a commercial parking area which may provide sufficient distance and separation from other properties in the area. He further alleged that Cowan Insurance, who represented a large number of persons opposed to the relocation and whose business is directly adjacent to his client's proposed location, failed to disclose a conflict of interest in that, they had a COUNCIL MINUTES JUNE 19, 2006 - 170 - CITY OF KITCHENER business relationship with Mr. Zivkovic at that time, and which was subsequently severed. For the reasons noted Mr. Manning requested re-consideration of the matter. Councillor B. Vrbanovic questioned the nature of the alleged conflict of interest in regard to Cowan Insurance. Mr. Manning responded that the company had insured his client's former location and had cancelled the policy subsequent to making a presentation in opposition to his client's request to relocate. Councillor Vrbanovic expressed the opinion that the company's ethics would be governed by a Provincial insurance body and that the alleged conflict was a matter between the company and its client. Mayor C. Zehr advised that in order to proceed, a member of Council must first give Notice of Motion to have the matter reconsidered at a subsequent Council meeting. Alternatively, the Notice of Motion could be waived if 2/3 of the whole of Council voted in favour. Councillor J. Smola added that the applicant had the alternative of re-applying for a license after December 1, 2006 when a new Council has taken office and reconsideration would no longer be required. On canvassing members of Council, Mayor C. Zehr advised Mr. Manning that no action would be taken on his request to reconsider Council's January 31, 2005 resolution, as a Notice of Motion for reconsideration was not forthcoming. Council was in receipt this date of Chief Administrator's Office report CAO-06-044 (S. Adams), dated June 19, 2006, regarding development of a Healthy Community Plan and attached document, dated June 2006, entitled `First Steps Toward a Healthy Community Plan for the City of Kitchener'. Councillor B. Vrbanovic advised that in accordance with direction given in 2003 as part of the Corporate Shared Agenda, a Healthy Community Plan Working Group (HCPWG) was established to develop a Healthy Community Plan for the City. In addition, a separate parallel initiative, the `Who Are You Kitchener?' citizen engagement project, was also undertaken and presentations on both initiatives are to be made this date. It was noted that members of both Working Groups were in attendance in support of the presentations. Ms. S. Adams, Director, Community & Corporate Planning, advised that the HCPWG document represents an 18-month process of review, consultation, identification of themes and drafting of recommendations; the findings of which provide the foundation for a long term strategy for healthy public policy and programs, across the cultural, economic, social and environmental service areas within the City's mandate or sphere of influence. The report summarizes extensive work currently underway at the City and is a living document that changes daily as projects mature, reach milestones or adopt work plans to reflect a changing environment. She pointed out that Compass Kitchener simultaneously has been engaged in the City's largest community consultation project to date, `Who Are You Kitchener' (WAYK). The HCPWG was directed to provide Compass Kitchener with comment on themes and priorities emerging from review of what the City was already involved in, while Compass Kitchener was mandated to provide a citizens' appraisal of how well the City is doing in addressing community priorities and needs for the future. She noted that it became apparent that the two initiatives, while distinctive, were mutually informative and major themes emerging from both were in alignment. Accordingly, staff are recommending the findings and recommendations from both initiatives be integrated to bring forward one single strategic plan for a Healthy Community Plan for the City in the Fall of 2006. Ms. Jasminka Klacar and Messrs. Theron Kramer, Don Bourgeois and Alaa Qahwash, members of the HCPWG, provided highlights of the findings and recommendations, based on themes which include: general observations; community values and cultures; civic engagement; heritage; diversity; persons with disabilities; economic prosperity; cluster strategy; workforce 2020; fiscal balance; environmental vitality; and, social vitality. Observations of note include an `embarrassment' of riches, a depth of appreciation for the healthy communities framework; a solid and vital cultural foundation; a tradition of leadership and innovation; and, an engaged public. Mr. Don Bourgeois, Compass Kitchener, presented an overview of WAYK advising that this initiative is the second phase of a two-part citizen engagement process; the first of which was completion of the Environics Study. WAYK used the information from the Environics Study as a basis to ask more in-depth questions to clarify outcomes of the first study. A variety of methods were used to engage citizens, of which the Internet was most successful, having 7,255 visits to the WAYK website. The objective was to produce a report card on the City's performance, based on priorities identified by Compass Kitchener in 2003; confirm a vision for the future; and to create an identity statement for the COUNCIL MINUTES JUNE 19, 2006 - 171 - CITY OF KITCHENER community. Information was gathered on the 2003 top 4 priorities, including: traffic; management growth; environment; and the Downtown. Residents indicated frustration with limited public transit, insufficient parking and traffic congestion; desired a halt to urban sprawl and intensification in and around the Downtown; preservation of green space, parks and trails; and revitalization /safety of the Downtown. Priorities identified as having high satisfaction and high support for further spending include: winter roads; walking /bike trails; parks /playgrounds; public libraries; fire fighting; accessibility; and community centres. Priorities identified as having low satisfaction and high support for further spending include: road and sidewalk maintenance; Downtown planning; bike lakes; public transit; parking; preservation of heritage buildings; promotion of the City; senior services; City planning; and public participation in City planning. The citizen's vision consists of six components, including: leadership /community engagement; Downtown; development; quality of life; diversity; and environment. These are recommended to serve as Council's priorities for the next term of office. The identity statement speaks to a desire for big city amenities with a small town feel and is fashioned as `The City of Balance'. Mr. Bourgeois stated that next steps would involve a more detailed analysis of the WAYK results, with Phase 3 of the citizen engagement process, Growth Management Strategy, slated for the Fall of 2006, followed by Phase 4, a three-year strategic financial plan in the Winter of 2006 - 2007. Mr. Bourgeois responded to questions, advising that the study showed citizens want information in a fashion that they can absorb and to participate in discussion; the Internet was found to be extraordinarily useful as a method of engaging the public. He noted that one of the areas where the City could do better is in addressing the perception of safety in the Downtown. Many useful suggestions were put forward by citizens on issues of concern, one of which was a desire to have regular Ward meetings. It was also noted that the Province's decision to extend municipal Council terms of office to 4 years will be taken into account during Phase 4 to ensure the strategic financial plan aligns. In response to questions, staff advised that the intent now is to move forward from information gathering to developing strategies and action plans over the winter of 2006-07, using the information collected as a basis of establishing priorities to build the next Corporate Shared Agenda and provide direction for the next term of Council It was acknowledged that while too early to tell, turn-out at the next municipal election may be an indication of the success of this process and as part of citizen engagement, efforts should be made to reach out to new Canadians to encourage their participation in the municipal election process. Mr. Bourgeois commented on the City identification statement, `The City of Balance', noting that its intent is not to be all things to all people but rather recognize that choices have to be made and to find a balance within those choices that create the type of community and quality of life desired by citizens. He added that citizens want transparency and accountability in the decisions made by Council and to be engaged in the process and have their views considered. At the request of Councillor B. Vrbanovic, staff agreed to include the City's Advisory Committees in the process of reviewing the final strategic document for a Healthy Community Plan. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That staff support Compass Kitchener in integrating and summarizing the findings and recommendations arising from the Healthy Community project and the `Who are you, Kitchener?' project, and bring forward a Strategic Plan for a Healthy Kitchener in the Fall of 2006 to address community priorities." Carried Unanimously by all Members of Council present. Mr. Jim Law, resident of Lower Doon, attended in opposition to Clause 1 of the Community Services Committee report of this date, dealing with a proposal to designate sections of the City's trail system suitable for operation of a cart and tram system for persons with mobility issues or physical challenges. Prior to Mr. Law's presentation, Councillor J. Smola advised that he had received a request from staff to defer action on this matter to a future date. Ms. A. Pappert, General Manager of Community Services, explained that staff had just received a copy of a business plan for the proposed service and required sufficient time to review it in detail prior to bringing the matter back for further consideration. COUNCIL MINUTES JUNE 19, 2006 - 172 - CITY OF KITCHENER Mr. Law requested that his comments be heard at this time so they may be taken into consideration during staff's review of the business plan. He stated that he was opposed to commercialization of the Walter Bean Grand River Trail and requested that the Trail remain as a walking /cycling trail as originally intended. He commented that the quiet, aesthetic appeal of the trail system will be negatively impacted by use of commercial vehicles containing advertising displays and the additional facilities that will have to be built to accommodate the needs of persons using the service. He asked that in the event Council decides to proceed with the proposed use, they investigate implementing a service club operation as opposed to a commercial operation. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Clause 1 of the Community Services Committee report of this date, dealing with operation of a cart and tram system for persons with mobility issues or physical challenges on designated portions of the City's trail system, be deferred and referred to a future Community Services Committee meeting, pending staff review of a proposed business plan." Carried. Mr. Michael May, Senior Public Affairs Officer, presented the 2005 Annual City of Kitchener Report to Citizens, copies of which were circulated this date to members of Council Mr. May noted that the title of the Annual Report was revised to add the phrase `to Citizens' to reflect the true purpose of the report and the content was structured to provide factual, easy-to-read information anticipated to be of real interest to our citizens. He commented on a number of changes, in particular, noting the addition of a significant section on the City's Fire Department and relevant information concerning the City's Economic Development Strategy and Investment Fund, and the Kitchener Public Library. In addition, financial information has been structured in a format that identifies to the average citizen the value received for their 2005 tax dollar. In response to questions, Mr. May advised that this year's report was published at half the cost of 2004 and will be circulated to a list of approximately 2,000 businesses /community organizations and to community centres and all City facilities. In addition, the report in its entirety will be published in the next issue of Your Kitchener newsletter and staff are continuing to pursue methods of distribution to get the report directly into the hands of Kitchener citizens. Council was in receipt this date of Chief Administrator's Office report CAO-06-045 (C. Ladd), dated June 14, 2006, concerning an attached business case prepared by the North Mainline Municipal Alliance (NMMA) for improved rail passenger service along the CN rail line running from London through Kitchener and on to Toronto. Ms. C. Ladd identified the NMMA as Heads of Council who have formed a group to represent the municipalities along the North Mainline Route, from London through to Georgetown; and who's goal is to achieve improved inter-city and commuter rail passenger service for their communities. Three VIA trains currently serve this corridor and proposed enhancements would extend rail service to include weekday four peak period train service, connecting Breslau, Guelph and Acton to the existing GO service at Georgetown and extend one of the four trains to Stratford, St. Mary's and London to supplement the existing three VIA inter-city rail trains. Capital improvements will include purchase of 2-car DMU (Diesel Multiple Unit) self-propelled rail cars and cross-platform connection at Georgetown to the GO service. Rail infrastructure improvements are planned over athree-stage implementation beginning with Georgetown to Breslau; followed by Breslau to Stratford; and concluding with Stratford to London. Ridership forecasts indicate a viable commuter and inter-city passenger service based on improved travel time and infrastructure improvements; and revenues while more difficult to project, are expected to grow over time and through staging of services. Two types of rail cars were investigated, being DMU's and the refurbished Budd Car /Colorado Rail Car, the latter of which is more costly. No significant differences were found between the two types to warrant purchasing the higher priced car. Ms. Ladd advised that rail stakeholder consultations are planned with GO Transit, GEXR, Via Rail and CN, with issues to be addressed including: negotiation of agreements (cross-platform connections /running lights /operating /maintenance /schedules); assessment for increased train speeds and its implications; and property acquisitions. She noted that capital expenditures for infrastructure improvements and equipment purchases are estimated at a total of $78M and annual COUNCIL MINUTES JUNE 19, 2006 - 173 - CITY OF KITCHENER operating costs, expected to increase over time, estimated at $3.5M. The study concludes that: the proposed rail service strategy is feasible at reasonable capital and operating cost and benefits both commuter and inter-city passenger rail service; any rail passenger service improvements implemented on the North Mainline should be funded and operated by senior levels of government as they have historically provided this service; and the proposed improvements are good for Southwestern Ontario and consistent with the theme of regional economic co-operation. Ms. Ladd advised that the NMMA is requesting endorsement of their report and their intent to meet with senior levels of government to request funding for rail infrastructure and passenger service improvements. Mayor C. Zehr, Chair of the NMMA, advised that the report is being presented to all other communities involved and pointed out that endorsement of the report does not involve any commitment to funding or mean that the project will in fact, move ahead. He added that this proposal is intended to be complimentary to any proposed LRT system rather than being in competition and added that endorsement of the report will provide a mechanism to recognize the need for augmentation of the North Mainline rail passenger service. Ms. C. Ladd responded to questions, advising that service is intended to be extended west from Georgetown to Breslau with potential connection between VIA and GO services; dependent on services available. Councillor J. Gazzola inquired if the GO service could be extended into Kitchener and Mayor Zehr advised that GO Transit is not in a position at this time to do so. He added that extended service is predicated on timing and cost of infrastructure improvements and stopping in Breslau has been identified as a more viable option. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That the City of Kitchener endorse, in principle, the report for improved rail passenger service along the North Mainline as presented by the North Mainline Municipal Alliance, appended as attachment to Chief Administrator's Office report CAO-06-045, dated June 14, 2006; and further, That the North Mainline Municipal Alliance be requested to meet with Federal and Provincial officials and politicians to request funding for rail infrastructure upgrades and passenger service operations, as outlined in report CAO-06-045." Carried Unanimously by all Members of Council present. Mayor C. Zehr temporarily left the meeting at this time and Councillor J. Smola assumed the Chair. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted. At the request of staff, it was agreed to amend Clause 3 of the report, dealing with an agreement to provide for acceptable arrangements for required sanitary servicing capacity for lands at Homer Watson Boulevard and Block Line Road, by deleting from the second sentence the phrase `D.G.F. Investments Limited /Highland West Shopping Centres Limited and Drewlo Holdings Inc.' and replacing it with the phrase `Drewlo Holdings Inc. and Highland Park Shopping Centre Limited'. The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 3 -Carried, as Amended. Clauses 7 & 8 -Dealt with under Delegations and Carried. Balance of report -Carried. COUNCIL MINUTES JUNE 19, 2006 - 174 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted. Councillor J. Gazzola referred to Clause 8 of the report, dealing with a Brownfield Remediation Program application by K1000 Limited and SBL Kitchener Inc. At his request, Ms. C. Ladd agreed to respond to questions posed by Councillor J. Gazzola at the June 12, 2006 Finance and Corporate Services Committee meeting. The Finance and Corporate Services Committee report was then voted on and Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Mayor C. Zehr re-entered the meeting at this time and assumed the Chair. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. Councillor J. Gazzola referred to Clause 2 of the report dealing with an agreement for ice use at the Sportsworld Twin Pad, advising that he was not in support of the proposal as it was his opinion the offer is not beneficial to the average taxpayer but rather benefits a small group of elite players. He suggested that given this is an interim solution over the next two years, it would be more appropriate and less costly to continue using existing facilities such as the Queensmount Arena. In addition, he noted that the Twin Pad is at the southern outskirts of the City and is not conducive to environmental initiatives to reduce dependency on motor vehicles. Councillor J. Smola spoke in favour of Clause 2, noting that the elite groups referred to will bring in opposing teams from across the Province and the proposed location is ideal for accessibility. He added that safety issues are involved with continued use of the Queensmount Arena relative to inconsistent and unsafe ice surfaces, and to make sufficient improvements would require capital funding in the range of $20,000. to $30,000. Councillor C. Weylie referred to Clause 5 of the report, concerning an agreement with the City of Waterloo for reciprocal winter road maintenance and leaf collection for border area streets. Councillor Weylie advised that the City of Waterloo had recently sent letters to Kitchener residents impacted by sidewalk improvements in the area of Westmount Road and Belmont Avenue, raising resident concerns. At the request of Councillor Weylie, it was agreed that in regard to the winter road maintenance and leaf collection programs, staff would send a letter of explanation to affected residents identifying which streets each municipality is responsible for, along with contact names and phone numbers. Mr. R. Browning added that Engineering staff will be meeting later this week with representatives of the City of Waterloo to address the resident concerns in regard to the Westmount Road sidewalk improvements. The Community Services Committee was then voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Action Deferred and Referred to a future Community Services Committee meeting pending review of the proposed business case. Clauses 2 & 5 -Carried. Balance of report -Carried. COUNCIL MINUTES JUNE 19, 2006 - 175 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That the report of the Audit Committee be adopted." Carried Council then considered an item arising from in-camera discussion held earlier this date. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the Mayor and Clerk be authorized to execute an amendment to the Retail Component Purchase Agreement with Barrel Works Kitchener Limited and Barrel Works Market Shops Inc. to extend the closing date to December 21, 2006 on terms and conditions satisfactory to the City Solicitor." Carried. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the Mayor and Clerk be authorized to execute an amendment to the Condominium Component Purchase Agreement with Barrel Works Kitchener Limited and Barrel Works Market Residences Inc. to extend the date of maturity of the vendor take back mortgage to June 29, 2007, on terms and conditions satisfactory to the City Solicitor." Carried. Councillor C. Weylie referred to a Committee of Adjustment fence application (FN 2005-005) by Ontario Seed Company Limited for the property at 77 Wellington Street South which requested permission to construct a fence along the Agnes Street frontage of the property. The application was approved in October 2005 conditional on a landscape plan being submitted and approved by the City for the area in front of the fence prior to the fence being installed. Councillor Weylie advised that the fence has been installed without fulfillment of the landscaping condition. At Councillor Weylie's request, staff agreed to investigate further and advise as to what options are available to address this matter. Mayor C. Zehr reported on Regional matters, advising that round-a-bouts will be installed on Fischer- Hallman Road at Huron / Seabrook / Bleams intersections; potential over-lap between the Region's Partners for Clean Air Plan and the City's Clean Air Plan is being reviewed; and an amendment to the Region's Outdoor Use of Water By-law was approved to extend the time allowed for continuous watering of newly planted sod or grass seed up to 14 days from 7. At the request of Councillor M. Galloway, Mayor Zehr agreed to follow-up with Regional staff to ensure the Region's website is updated in regard to the amendment to the Outdoor Use of Water By-law. Council agreed to the request of Mr. R. Gosse, City Clerk, to add five additional by-laws for three readings this date, including: two zoning amending by-laws relative to Clauses 8 and 10 of the Development and Technical Services Committee report; two Municipal Code amending by-laws relative to Clauses 3 and 7 of the Finance and Corporate Services Committee report; and a Part Lot Control Exemption By-law relative to certain lots on Joseph Schoerg Crescent and Longview Crescent. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. COUNCIL MINUTES JUNE 19, 2006 - 176 - CITY OF KITCHENER (c) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (e) Being a by-law to provide for the establishment and laying out of part of Block Line Road as a public highway in the City of Kitchener. (f) Being a by-law to exempt certain lots from Part Lot Control -Part Block 2 and Part Block 3, Registered Plan 58M-295 - Woodsmere Drive. (g) Being a by-law to exempt certain lots from Part Lot Control -Lot 339, Registered Plan 58M-338 -Maitland Street. (h) To confirm all actions and proceedings of the Council. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Edmund Farrage -Howe Drive. (j) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (k) Being a by-law to amend Chapter 197 of the City of Kitchener Municipal Code with respect to Voting Procedures. (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - M & D Monteyne -Woolwich Street. (m) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1, 2, 3 and 4, and Part of Block 5, Registered Plan 58M-399 -Joseph Schoerg Crescent and Longview Crescent. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola Seconded by Councillor 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 C. Weylie Seconded by Councillor M. Galloway That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2006-125) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2006-126) COUNCIL MINUTES JUNE 19, 2006 - 177 - CITY OF KITCHENER (c) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. tBy-law No. 2006-127) (d) Being a by-law to assume certain lands within the City of Kitchener as a public highway. tBy-law No. 2006-128) (e) Being a by-law to provide for the establishment and laying out of part of Block Line Road as a public highway in the City of Kitchener. tBy-law No. 2006-129) (f) Being a by-law to exempt certain lots from Part Lot Control -Part Block 2 and Part Block 3, Registered Plan 58M-295 - Woodsmere Drive. tBy-law No. 2006-130) (g) Being a by-law to exempt certain lots from Part Lot Control -Lot 339, Registered Plan 58M-338 -Maitland Street. (h) To confirm all actions and proceedings of the Council. tBy-law No. 2006-131) tBy-law No. 2006-132) (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Edmund Farrage -Howe Drive. tBy-law No. 2006-133) (j) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2006-134) (k) Being a by-law to amend Chapter 197 of the City of Kitchener Municipal Code with respect to Voting Procedures. tBy-law No. 2006-135) (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - M & D Monteyne -Woolwich Street. tBy-law No. 2006-136) (m) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1, 2, 3 and 4, and Part of Block 5, Registered Plan 58M-399 -Joseph Schoerg Crescen t and Longview Crescent. tBy-law No. 2006-137) be taken as read a third time, be finally passed and numbered serially b y the Clerk. Carried. On motion, the meeting adjourned at 9:20 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 19, 2006 - 17$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That an all-way stop be installed at the intersection of Joseph Street and Gaukel Street; and further, That staff consider options for decorative pedestrian crosswalks at the Joseph and Gaukel Streets intersection, including a product called "Street Print". 2. That the grant eligibility criteria for the Community Environmental Improvement Grant Program (CEIGP), be amended to include the following additional criteria: 10. Applications should relate to one or more of the seven functional areas of Kitchener's Strategic Plan for the Environment, namely Water Resources, Pollution & Environmental Interference, Waste Management, Land Resources & Growth Management, Energy Systems, Natural & Recreational Amenity Areas, and Resource Consumption. 11. Applications which bring additional external financial, material, or human resources to a project, through partnerships, are favoured over projects which are only sponsored by the City of Kitchener. 12. Community projects should build a level of capacity, that is, knowledge and ability, within the community to promote further stewardship initiatives. 3. That the Mayor and Clerk be authorized to execute an agreement between the City of Kitchener, Drewlo Holdings Inc. and Highland Park Shopping Centre Ltd., to the satisfaction of the City Solicitor, providing for acceptable arrangements for the required sanitary servicing capacity. (As Amended) 4. That staff be authorized to approve additional required funds relating to the Upper Blair Creek Functional Study in the amount of $29,325.57 (incl. GST) from the Engineering Study Component of the Development Charges Fund; and further, That funding of long-term annual monitoring for this development area be approved, as set out in Development and Technical Services Department report DTS-06-081. 5. That the Adult Crossing Guard Facility at the intersection of Kinzie Drive and River Road be permanently eliminated effective June 30, 2006. 6. That Mayor and Clerk be authorized to execute across-Border Service Agreement with the Corporation of the City of Waterloo for the provision of temporary water servicing from the City of Waterloo in order to service residential development lands (Draft Plan of Subdivision 30T- 01205) within the City of Kitchener, substantially in the form of the draft agreement attached to Report DTS-06-091, on terms and conditions satisfactory to the Director of Engineering and City Solicitor; and further, That the Mayor and Clerk be authorized to execute an Agreement with Sunvest Development Corporation, the developer of the residential development lands to be serviced pursuant to the Cross-Border Service Agreement with the City of Waterloo, to provide for the costs of installation, administration and maintenance of the proposed temporary water servicing required as a condition of approval of Plan of Subdivision 30T-01205, substantially in the form of the draft agreement attached to Development and Technical Services Department report DTS-06-091, on terms and conditions satisfactory to the Director of Engineering and City Solicitor. 7. That Demolition Control Application DC 06/04/W/LT requesting permission to demolish a 12 unit multiple dwelling located at 59 Weber Street East and a 4 unit multiple dwelling located at 61 Weber Street East, owned by 1678823 Ontario Ltd. (Impulse Development Group), legally described as Part Lots 8 & 9, Registered Plan 372 (59 Weber St. E.) and Part Lot 1, COUNCIL MINUTES JUNE 19, 2006 - 179 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 7. (Cont'd) Registered Plan 364, Part Lots 9 & 10, Registered Plan 372 (61 Weber ST. E.) be approved, subject to the following: (a) That the owner complete a proper photographic documentation of the two structures to the satisfaction of the City's Heritage Planner prior to the issuance of a demolition permit; (b) That the property damaged by fire at 59 Weber Street East be approved for demolition immediately upon completion of the photographic documentation of the structure; and (c) That the property at 61 Weber Street East be approved for demolition subject to the following conditions: 1) That the owner obtain final site plan approval; and, 2) That the owner obtain a building permit for the proposed development. Upon satisfaction of conditions 1 and 2, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of a new residential building having at least 12 dwelling units is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. (Dealt with under Delegations and Carried) 8. That the Valleyview Road -Howe Drive Community Plan be revised to amend Map 1, "General Land Use", as shown on the plan dated May 16, 2006 attached to Development and Technical Services Department report DTS-06-089; and, That Zone Change Application ZC 05/21/H/TMW (Windale Crescent/Howe Drive) requesting a change in zoning from Residential Six Zone (R-6), and Public Park Zone (P-1) fo Residential Four Zone (R-4), Residential Four Zone (R-4) with Special Regulation Provision 441 R, Residential Four Zone (R-4) with Special Regulation Provision 442R, Residential Four Zone (R-4) with Special Regulation Provision 443R, Residential Six Zone (R-6) with Special Regulation Provision 444R and Holding Provision 52H, and Open Space Zone (P-2); on lands legally described as Part of Lot 47, German Company Tract, designated as Parts 1 and 2, Reference Plan 58R-820; and Part 1, Reference Plan 58R-9281, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated June 9, 2006, provided to the Development and Technical Services Committee on June 12, 2006, without conditions; and, That an exemption to Council Policy I-1147 (Street Naming, Addressing, Multiple Unit Identification Signs/Street Name Change) be approved to allow Windale Crescent to remain with the suffix "Crescent"; and further, 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-04207, in the City of Kitchener, for Edmund Farrage, subject to the conditions outlined in Development and Technical Services Department report DTS-06-089, as amended to remove the first condition #9 on page 10 of the report respecting Hydro One. (Dealt with under Delegations and Carried) COUNCIL MINUTES JUNE 19, 2006 - 1$0 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. That the recommendations of the Stonegate Watercourse Erosion Control and Slope Stabilization Municipal Class Environmental Assessment Study Report be accepted; and, That the Stonegate Watercourse Erosion Control and Slope Stabilization Municipal Class Environmental Assessment Study Report to be advertised for the mandatory 30 day public 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, staff proceed to implement the recommendations of the Study. 10. That Zone Change Application ZC06/04/W/BS for the purpose of changing the zoning from Agricultural Zone (A-1) to Hazard Land Zone (P-3) on lands legally described as part of Lot 124, German Company Tract and part of Part 1, Registered Plan 58R-10553, municipally known as 248 Woolwich Street, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated May 10, 2006, attached to Development and Technical Services Department report DTS-06-083, without conditions. 11. That Council reaffirm the lighting levels approved in the On Lighting Downtown report of 1999; and, That twenty four high pressure sodium fixtures on King Street between Gaukel Street and Francis Street be converted to metal halide fixtures at a cost of approximately $30,000 and funded from the existing metal halide conversion account; and, That additional intersection lighting be installed at King and Queen Streets, King and Ontario Streets, King and Gaukel Streets, King and Water Streets and King and Francis Streets at a cost of approximately $10,000 and funded from the existing metal halide conversion account; and, That Facilities Management be directed to complete an external lighting study for City Hall and Your Kitchener Market, at a cost of approximately $10,000 and funded from the Safe and Healthy Community Advisory Committee budget; and further, That staff report to the Development and Technical Services Committee at a future date addressing streetscape improvements on King Street from Frederick Street to Francis Street as well as potential changes to the fagade loan program. 12. That the report titled, "Manufacturing Our Future, Corporate Visitation 2006" be received for information. COMMUNITY SERVICES COMMITTEE - 1. That the Director of Operations determine designated sections of the City's trail system suitable for operation of the cart and tram system for persons with mobility issues or physical challenges; and, That the concerns expressed by the Lower Doon Neighbourhood Association regarding the prohibition of vehicles on the Walter Bean Trail Grand River Bridge be addressed when determining the designated sections of the City's trail system; and further, That the Mayor and Clerk be authorized to execute an agreement, to the satisfaction of the City Solicitor, with Mr. Thomas Kaufman for use of all or a portion of the designated trail sections for a term of one year, to be reviewed on an annual basis, subject to prior consideration and approval of the agreement by the Community Services Committee. (Dealt with under Delegations and Action Deferred and Referred to a future Community Services Committee meeting, pending staff review of the proposed business plan.) COUNCIL MINUTES JUNE 19, 2006 - 1$1 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. That the Mayor and Clerk be authorized to execute an ice use agreement, to the satisfaction of the City Solicitor, with GPM Managed Investments Inc. for use of ice at the Sportsworld Twin Pad, as outlined in Community Services Department report CSD-06-073. 3. That the Chandler-Mowat Community Centre portables be moved and attached to the Kingsdale Community Centre portable, as outlined in Community Services Department report CSD-06-081. 4. That aone-time grant in the amount of $1000. ($300. cash and $700. in-kind services: transport topsoil, compost, and rototilling), be approved to the Seventh-day Adventist Community Services Group to assist with costs relating to the start-up of the Hope Gardens Community Garden. 5. That the Mayor and Clerk be authorized to execute an agreement, to the satisfaction of the City Solicitor, with the Corporation of the City of Waterloo for the purposes of a reciprocal winter road maintenance and leaf collection for border area streets, as outlined in Community Services Department report CSD-06-071; and further, That the Director of Operations or designate be authorized to periodically revise the maintenance schedules attached to the Reciprocal Winter Road Maintenance and Leaf Collection Agreement (attached as Schedule `A' and `B' to report CSD-06-071) as opportunities for further shared maintenance activities are entered into with the City of Waterloo. 6. That Recommendation 21 of the Leisure Facilities Master Plan, which states that `The outdoor rinks program continue based on its current format', be approved. 7. That the electronic message display screens on the Ottawa Street piton sign be replaced with new technology, as outlined in Community Services Department report CSD-06-077; and further, That the screen replacements be funded over the next five years on a business case basis through advertising revenues, energy savings and savings in bulb replacements. 8. That the two operating principles contained in the Cemeteries Operational and Strategic Business Alternatives Review (Community Services Department report CSD-05-125) as listed below, be adopted: 1. That the City remain in the Cemetery business on a long term basis; and, 2. That the City continue to move towards a business model of operations, pursuing reduction of its annual operating deficit within anon-competitive framework; and further, That the actions relating to project oriented recommendations as outlined in Community Services Department report CSD-06-066, be undertaken by staff. 9. That the ad hoc working group of the Culture Plan II Implementation Team proceed with preparation of a detailed application to the Cultural Capitals of Canada program within the timeline proposed in Community Services Department report CSD-06-079, with a report to be brought forward for consideration by the Community Services Committee in September 2006. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. WHEREAS the Ontario Mayors for Automotive Investment (OMAI) represent the vast majority of Ontario communities with a significant automotive assembly and / or parts industry; and, WHEREAS the OMAI represents local and area communities in which the auto parts and auto assembly industry produced: COUNCIL MINUTES JUNE 19, 2006 - 1$2 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) • over 2.6 million vehicles in 2005; and, • 1 in 6 vehicles produced in North America in 2005; • with a total value of $99 Billion in 2005; and, WHEREAS the OMAI represents communities that are home to approximately 138,000 employees who work in the auto assembly and auto parts sectors; and, WHEREAS investment and production by the North American auto industry could be restricted by a one way flow of imported vehicles from some offshore jurisdictions; and, WHEREAS increased foreign direct investment and the free flow of traded goods and services in all sectors, is essential to the future economic growth of Ontario and Canada; and, WHEREAS Canada currently imports $150 worth of automotive products from Korea, for each $1 of automotive products we sell in Korea; THEREFORE BE IT RESOLVED that the Government of Canada cancel negotiations for a free trade agreement with Korea which would result in a further negative impact on the one way flow of automotive products into our market; and, BE IT FURTHER RESOLVED that future trade agreements require that offshore markets purchase substantial volumes of finished vehicles and auto parts from North America, and / or investment in design, parts manufacturing and assembly facilities in Canada, as a condition of their continued access to our own automotive market; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Federation of Canadian Municipalities and the Association of Municipalities of Ontario. 2. That afour-month extension be approved from September 1, 2006 to January 1, 2007, of the lease agreement with the University of Waterloo Fine Arts Department and Dean of Arts Office for operation of the Artery Gallery at 158 King Street West; and, That the agreement be amended to allow for month-to-month tenancy of the property thereafter; and, That changes to the agreement be subject to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute the amended agreement, subject to the satisfaction of the City Solicitor. 3. That Chapter 197 (Voting Recorders) of the Municipal Code be amended by removing reference to the specific voting system and company and deleting the clause requiring that a certified copy of this Chapter be sent to the Minister of Municipal Affairs. 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Calvary Memorial United Church on Saturday, June 24, 2006, between the hours of 1 PM and 4 PM, for their Annual Strawberry Social. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Shawn Cooper for an album release event to be held at the Victoria Park Pavilion on Friday, June 30, 2006, between the hours of 7 PM and 10:30 PM. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Pathway Community Church on Saturday, June 17, Sunday, July 16, Sunday, August 13 and Sunday, September 10, 2006, between the hours of 2 PM and 5 PM, respectively for community youth activities at Brigadoon Public School. COUNCIL MINUTES JUNE 19, 2006 - 1$3 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. That a by-law be enacted to amend Schedule 'B' of Chapter 101 (Authority-Staff-Provincial Offences Act) of the City of Kitchener Municipal Code to authorize Corporate Security Officers to issue Provincial Offence Notices for municipal by-laws. 8. That the Mayor and Clerk be authorized to sign an agreement satisfactory to the City Solicitor to enter into a lease for the building located at 191-195 King Street West, from its owner, for a term of one year with a one year option to renew, such lease providing for rent of $40,000 per annum, to provide for the continuing operations of K-W Tourism/Your Kitchener Store. 9. That the Regional Municipality of Waterloo be requested to execute the Millennium Partnerships Initiative Funding Agreement with the Province of Ontario by its Minister of Agriculture, Food and Rural Affairs for the Victoria Park Entrance and Gaukel Streetscape improvements project (the "Funding Agreement"); and, That the Mayor and Clerk be authorized to sign the Agreement between the Regional Municipality of Waterloo and the Corporation of the City of Kitchener in a form satisfactory to the City Solicitor pursuant to which the City will indemnify and be responsible for all obligations of the Regional Municipality of Waterloo under the Funding Agreement; and further, That the City of Kitchener's Chief Administrative Officer be authorized to sign and submit to the Regional Municipality of Waterloo any and all payment requests, reports, certificates and other documentation required to facilitate requests for disbursements pursuant to the Funding Agreement. 10. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Holy Trinity Serbian Orthodox Church on Saturday, July 29, 2006 between the hours of 2 PM and 9 PM, for their annual Serbian Community Festival. 11. That Brownfield Remediation Program Application 06-02, received from K1000 Ltd. and SBL Kitchener Inc., dated April 24, 2006, be approved; and, That in exchange for a completed and filed Record of Site Condition for 52 and 90 Woodside Avenue, the City of Kitchener will provide a grant in the form of an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment, where the City Tax Increment is defined as the difference between the City portion of real property taxes for the 2005 Taxation Year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project; and, That the property tax grant, estimated annually at $121,526. will continue for a maximum period of 10 years or until the total Eligible Remediation Cost ($1,763,892.) has been reached, whichever comes first; and further, That the Mayor and Clerk be authorized to execute a Remediation and Redevelopment Agreement with SBL Kitchener Inc., satisfactory to the City Solicitor. 12. That the GST-included fees and charges contained in the 2006 comprehensive fee listing be amended as outlined in Appendices 'A' and 'B' to Financial Services Department report FIN- 06-018, effective July 1, 2006. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-V-007 (1210 Doon Village Road) be approved, to permit the construction of a residence on the subject vacant property in compliance with the house design identified as Option No. 2 in the plans attached to the HPA; subject to the design being amended to include a visual and physical separation between the house and garage, and the choice of brick and stucco (EIFS) be approved by the City's Heritage Planner or designate and the Heritage Kitchener Representative from the Upper Doon Heritage Conservation District. COUNCIL MINUTES JUNE 19, 2006 - 1$4 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL AUDIT COMMITTEE - 1. That the 2005 Annual Financial Report of the City of Kitchener be received. COUNCIL MINUTES JUNE 19, 2006 - 1$5 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Dog Designation Appeal Committee It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Miss Debbie Hewton, wherein the Committee hereby rescinds the designation of Prohibited Dog applied to `Buddy', a dog owned by Miss Debbie Hewton, be ratified and confirmed." 2. Surplus Land - Parts 2, 3 & 4, Plan 5$R-1054 -Sheldon Avenue North It was resolved: "That Parts 2, 3 and 4 of 58R-1054 be declared surplus to the City's needs; and, That the land be conveyed to the registered owner of lands immediately adjacent for fair market value and including incidental costs associated with the transaction; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete the conveyance." 3. Settlement Agreement -1466 Highland Road West It was resolved: "That the Mayor and Clerk be authorized to execute the Settlement Agreement between the City of Kitchener and 1071745 Ontario Ltd., subject to the satisfaction of the City Solicitor." 4. Engineering Agreement - JHS Properties Inc. -Pincott Subdivision - 30T-96004 It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Pincott Subdivision, Stages 1, 2, and 3, Draft Plan 30T-96004." 5. Various Tenders Dealt with under Delegations. 6. Request for Outdoor Patio Extension - Dandv's Restaurant Council considered Corporate Services Department report CRPS-06-096 (R. Gosse), dated June 13, 2006. It was resolved: "That the request of Dandy's Restaurant, 85 King Street West, to extend the patio in front of their premises on July 14, 2006, as part of Cruise Night, sponsored by the City of Kitchener, be approved; and further, COUNCIL MINUTES JUNE 19, 2006 - 1$6 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Request for Outdoor Patio Extension - Dandv's Restaurant tCont'd) That the above approval be conditional upon the patio conforming to the sketch appended to the May 30, 2006 correspondence of Gus Bardouniotis, being an area approximately 18' x 20' and accommodating 6 tables." 7. North Mainline Municipal Alliance -Business Case for Improved Rail Passenger Service Dealt with under Delegations. $. Request to Extend the Sale of Fireworks to July 2, 2006 Council considered Corporate Services Department report CRPS-06-099 (R. Gosse), dated June 14, 2006. It was resolved: "That Mr. Shawn Miller be granted permission to extend the sale of fireworks at his location at King and River Road in Kitchener by one day to July 2, 2006."