Loading...
HomeMy WebLinkAboutCouncil - 2006-07-04COUNCIL MINUTES JULY 4, 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 Brenda Whiteman, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held June 19, 2006 and special meetings held June 19 and 26, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated June 9, 2006, from Office of the Prime Minister, acknowledging receipt of Council's resolution regarding human rights in China. (b) Letter dated June 20, 2006, from Moya Greene, President and CEO, Canada Post Corporation acknowledging receipt of Council's resolution regarding relocation of the Canada Post outlet. Councillor G. Lorentz expressed disappointment at the response received from the President -CEO of Canada Post Corporation in regard to Council's resolution concerning the relocation of the Gaukel Street postal outlet. At the request of Councillor Lorentz, Mayor C. Zehr agreed to continue to pursue this matter with officials of Canada Post. Mayor C. Zehr announced that the City of Kitchener was awarded a Certificate of Appreciation from the Ontario Canadian Forces Liaison Council (OCFLC) in recognition of Kitchener's significant contribution in support of Canada's Reserve Force. In addition, a second certificate was received from Karen Redman, MP -Kitchener Centre, congratulating the City on receipt of recognition by the OCFLC. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon advised that the report for Expression of Interest E06- 066 (Consultant Services -Utilities Division Marketing) should have included the term of the agreement, being atwo-year term with options for renewal. In addition, he advised that staff wish to withdraw the report concerning Tender T06-019 (Hydrovac Excavating Services) and a subsequent report will be brought forward in August 2006. At the request of Mayor C. Zehr, Mr. Gordon agreed to ensure in future that budget figures are included with the financial statements attached to tender reports. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Expression of Interest E06-055, Consultant Services -Utilities Division Marketing, be awarded to Quarry Integrated Communications Inc., Waterloo at their upset fee of $212,000., including 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 T06-059, Residential Alarm Detection & Monitoring Devices, be awarded to Fire and Security Technologies Inc., Erin, Ontario, at their tendered price of $328,320., including G.S.T. and P.S.T." -and- "That Tender T06-009, Supply and Deliver Gasoline & Diesel Fuel, be awarded to Transit Petroleum Inc., Kitchener, Ontario at their tendered price of $1,409,826.07 per year, including all applicable taxes, for a five (5) year term, with an option to extend the agreement for one (1) additional five (5) year period, subject to mutual agreement." Carried. COUNCIL MINUTES JULY 4, 2006 - 192 - CITY OF KITCHENER Mr. Settimo Vilardi, Archon Architect, attended in support of decisions of the Committee of Adjustment, listed as Items B.10. i) and ii), relative to sign variance application SG 2006-007 and fence variance application FN 2006-002, respectively, for CAW /TCA Canada National Building Corp., 5 Executive Place. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the application of CAW/TCA Canada National Building Corporation (SG 2006-007 - 5 Executive Place) requesting permission to have a sign on part of the proposed fence whereas the City of Kitchener Sign By-law does not permit signs on fences, on Lots 20 & 21, Registered Plan 1650, 5 Executive Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the applicant shall confirm this by submitting and receiving approval of a lighting plan for the site to the satisfaction of the Director of Planning and implement the approved plan within six months of the date of approval; with the lighting plan indicating that the sign is not to be backlit, but that backlit individual letters/symbols are acceptable, and/or other forms of accent lighting. 2. The applicant shall submit and receive approval of a landscape plan to the satisfaction of the Director of Planning and implement the approved plan within six months of the date of approval. 3. That the applicant shall not erect any new pylon signs on the site for the time that the fence/sign structure exists on the property. 4. The applicant shall submit and receive approval of elevation drawings of the fence/sign structure to the satisfaction of the Director of Planning and implement the approved plan within six months of the date of approval. 5. The applicant shall obtain a sign permit prior to erecting the proposed sign." -and- "That the application of CAW/TCA Canada National Building Corporation (FN 2006-002 - 5 Executive Place) to erect a fence having a staggered height of 2.74m (8.98') to 6m (19.68') to the top of the fence posts, rather than the permitted 2.44m (8'), on Lots 20 & 21, Registered Plan 1650, 5 Executive Place, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. The applicant shall submit and receive approval of elevation drawings of the fence/sign structure to the satisfaction of the Director of Planning and implement the approved plan within six months of the date of approval. 2. The applicant shall submit and receive approval of a landscape plan to the satisfaction of the Director of Planning and implement the approved plan within six months of the date of approval." Carried. Mr. Bill Duncan, President, Kitchener Professional Fire Fighters Association (KPFFA), presented information pertaining to the issue of presumptive legislation; defined as legislation that links a specific occupation, such as firefighting, with a disease or condition that has been identified as a hazard associated with the occupation. He noted that the Ontario Professional Fire Fighters Association (OPFFA) has taken the lead in respect to this issue and provided an overview of events to date in efforts to work with the Workplace Safety & Insurance Board (WSIB) to improve the scope of entitlement for compensation for job-related cancers and occupational disease in fire fighters. It was noted that while fire fighters receive compensation for certain cancers and disease on a case-by- case basis, there is still inequity in the system, causing undue anguish among claimants and their families. He added that a Private Members Bill (Bill 111 -Andrea Horwath, MPP, Hamilton East) outlining presumptive legislation for Ontario fire fighters was introduced in May 2006 and the current government has now committed to a review of this matter with a report expected July 15, 2006. Mr. COUNCIL MINUTES JULY 4, 2006 - 193 - CITY OF KITCHENER Duncan asked that notwithstanding activities of the Provincial Government, Kitchener Council endorse a resolution similar to the City of Ottawa, in support of members of the KPFFA. At the request of Councillor B. Vrbanovic, it was agreed to revise the proposed resolution to provide that MPPs for Kitchener-Waterloo and Waterloo-Wellington also be sent a copy of the resolution. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "WHEREAS Fire Fighters provide an invaluable service to the public and may risk their own personal safety in order to protect the lives of residents of the City of Kitchener; and, WHEREAS studies have shown that Fire Fighters suffer from an incidence of some cancers and other diseases that is significantly greater than the normal population, and that this may be due to Fire Fighters' exposure to toxic chemicals and carcinogens during the course of fighting fires; and, WHEREAS in response to these studies, the Provinces of Manitoba, Alberta, Saskatchewan and Nova Scotia have amended their Workers' Compensation legislation to include a presumption that, for identified types of cancer in Fire Fighters, the disease is attributable to work as a Fire Fighter; and, WHEREAS the City of Kitchener wishes to demonstrate its support through this resolution for a comprehensive review of Ontario's Workers' Compensation Legislation as it specifically relates to Fire Fighters; NOW THEREFORE BE IT RESOLVED that Kitchener City Council call on the Ontario Provincial Government to review Ontario's Workplace Safefy and Insurance Acf in order to ensure that Fire Fighters and their families receive fair and timely compensation for illness or disease that is attributable to their work as Fire Fighters; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Honourable Dalton McGuinty, Premier of Ontario; John Milloy, MPP -Kitchener Centre; Elizabeth Witmer, MPP - Kitchener-Waterloo; Ted Arnott, MPP -Waterloo-Wellington; the Association of Municipalities of Ontario; and the Federation of Canadian Municipalities." Carried Unanimously. Ms. Caroline Church submitted a petition this date requesting that Council take action to implement safety measures related to the CNR rail line bridge crossing on Park Street, between Cherry Street and Victoria Street South. She noted numerous accidents whereby transport trucks have hit the bridge because of insufficient height clearance and / or incidents where the transport trucks have had to back up to find a route to continue on their way. The signators to the petition outlined suggestions, including: additional signage to be placed in specified areas that will allow truck drivers to see the warnings well in advance of the bridge location; installation of flashing lights on the bridge; imposition of fines for drivers who ignore the warning signs; and regular inspections of the bridge. Ms. Church also noted that the residents of Park Street would like to be part of the solution process in regard to this matter. Mr. R. Browning, General Manager, Development and Technical Services, advised that in discussions with the Director of Transportation Planning, it was noted that at the time the bridge was rebuilt, steps were taken to lower the grade and as it exists now, cannot be lowered further; however, it was suggested that alternative options could be explored, such as lighting and height sensors. At the request of Mr. Browning, Council agreed to refer this matter to staff for a report in the fall of 2006 and requested that every effort be made to have the report available for the August Standing Committee meetings. Mr. Doug Rankin and Ms. Cheryl Arenburg attended in support of Clause 5 of the Community Services Committee report of this date concerning use of the City Hall skate change room fora 24 / 7 access to washrooms pilot project. The delegation spoke to the need for such service for those who find themselves without room to shelter in overnight and the benefits of providing a safe and dignified alternative to the outdoors. COUNCIL MINUTES JULY 4, 2006 - 194 - CITY OF KITCHENER Councillor J. Gazzola raised concerns with the costs associated in modifying the skate change room for the pilot project. Mr. Mark Hildebrand commented that Kitchener is among the first of the urban centres to address this issue and having limited options, the City Hall location was determined to be the optimal site. He pointed out that the modifications relate to security monitoring systems and are required to ensure safety of staff and those who use the facility. He noted that it would be very difficult to provide appropriate monitoring without such a system as the room is located outside the main City Hall building. Mr. Marty Schreiter, Kitchener Downtown Business Association (KDBA), also spoke in support of Clause 5 of the Community Services Committee report, commenting that through the KDBA's street cleaning program it is evident that there is a real need for this type of service in the Downtown community to meet the needs of the homeless and to address health /environmental issues. Councillors G. Lorentz and B. Vrbanovic spoke in support of the pilot project, commenting on the need to provide a safe, secure and controlled environment for those who are without shelter, as well as the benefits that will be realized in regard to health and the environment of the Downtown. Councillor Gazzola stated that while he had hoped there would be an alternative to the approach being taken, he would support the recommendation in recognition of the issue it addresses. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 5 of the Community Services Committee report of this date be adopted. Carried Unanimously, on a recorded vote. Mr. Frank Kulcsar, resident, spoke in regard to Clause 6 of the Finance and Corporate Services Committee report of this date, concerning the Kitchener Public Library (KPL) central library /Centre Block redevelopment projects. Mr. Kulcsar raised concerns with a recent newspaper article commenting on the Centre Block and requested that Council defer making a decision on the library / Centre Block until after the 2006 Municipal Election to allow candidates to address the issue as part of their election campaigning. Mayor C. Zehr noted that at the June 26, 2006 Finance and Corporate Services Committee meeting, action on the staff recommendation to develop a Request for Proposal (RFP) for redevelopment of the Centre Block without requiring construction of a new library and sharing of information gathered as a result of a three-phase consultation process with the KPL, was deferred and referred to the meeting this date to receive additional information from the KPL and City staff; and to extend an invitation to the Centre Block Steering Committee (CBSC) citizen lay members to attend the meeting. He advised that Council was in receipt of additional information from KPL dated June 30, 2006 and members of the CBSC were in attendance this date. Members of the CBSC declined an invitation to speak, having previously provided written comments directly to Council. Councillor B. Vrbanovic commented on the importance of continuing to investigate alternatives to address future needs of the library, given public consultation results which indicate support for an improved /enhanced library; and the need to give assurances that existing funding allocated in the Economic Development Investment Fund (EDIF) will be taken into account as further discussion and investigation of alternatives is undertaken. Councillor J. Gazzola raised a number of questions which he hoped would be answered in going forward with the recommendations this date, including: examining options to improve the existing library site, research of new technologies to determine future library needs and review of the branch library system; and in regard to redevelopment of the Centre Block: the total space that will be available for redevelopment; proposed incentives for private sector redevelopment; parking needs on the site and status of the Parking Enterprise Business Case; current market value of the site; and clear direction for the remaining heritage buildings on the site. Councillor J. Smola questioned the potential for a central library to be reconsidered for the Centre Block in the event a suitable proposal is not received as a result of the proposed RFP. Ms. C. Ladd advised that it is intended the RFP will provide a clear vision for the Centre Block and staff are of the opinion that in the event a suitable proposal is not received the first time, time should be taken to allow the market to mature and further attempts made to obtain the right kind of proposal. She added that it would be difficult to determine at this time if that would require a public catalyst, such as the COUNCIL MINUTES JULY 4, 2006 - 195 - CITY OF KITCHENER library. Councillor Gazzola expressed the opinion that the public has clearly stated the Centre Block is not the right location for a library and agreed that time should be taken to receive a private sector proposal that will provide new taxable assessment. Ms. C. Ladd commented on the questions raised by Councillor Gazzola, advising that proposed incentives will be considered in developing the RFP; staff will rely on clear direction already given by Council in past resolutions regarding the remaining heritage buildings; information regarding the Parking Enterprise Business Case will be brought forward in the Fall and is an essential part of the RFP development; and over the summer months staff will firm market value of the site. Mayor C. Zehr commented on past history of the library project leading to the recommendations under consideration this date, recognizing the importance of reflecting on the public's vision for the Centre Block. He agreed that time should be taken in regard to the RFP proposal and the public further consulted in determining an appropriate type of development for the site. He added that it is also important to give assurances that the future needs of the library and clarification of funding, will be addressed. Councillor M. Galloway extended appreciation for the public process undertaken and support of the public's view in opposing the Centre Block location for a new main library; and instead favouring investigating options for an improved /enhanced library system. Councillor B. Vrbanovic stated a desire for the RFP to clearly identify a vision for the Centre Block that reflects the consultation information gathered and suggested that staff look at other successful urban centre developments and investigate new, leading technologies that will assist in developing a model for sustainable development on the Centre Block. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 6 of the Finance and Corporate Services Committee report of this date be amended by deleting the deferral clause and replacing it with the staff recommendation contained in Chief Administrator's Office report CAO-06-043 (C. Ladd), to develop a Request for Proposal for redevelopment of the Centre Block without requiring construction of a new library and sharing of the information gathered as a result of the three-phased consultation process with the Kitchener Public Library Board." Councillor B. Vrbanovic requested that Clause 6 of the report, as amended, be voted on in two separate parts, by recorded votes. Paragraph 3 -Carried Unanimously. Paragraphs 1 & 2 -Carried Unanimously. Motion - Carried Unanimously, on a recorded vote. Council then considered this date Community Services Department report CSD-06-070 (K. Currier), dated May 25, 2006 in which an update is provided regarding an audit of municipal walkways, undertaken in response to citizen concerns related to vandalism and safety; and the approach to be taken in evaluating and making recommendations concerning walkway improvements and / or potential closures. Mr. K. Currier, Director of Operations, advised that the audit process to date consists of physical data compiled to determine those walkways in need of repair or replacement; in need of changes to annual maintenance; or which could be abandoned or declared surplus. In addition, information was gathered to assist in evaluating walkways in regard to potential safety concerns and / or targets for vandalism. He advised that this information forms the basis for further investigation, with recommendations to follow over athree-stage process, beginning with a focus on safety concerns in the first six months; followed by evaluation over the next 6-18 months to determine potential closures or non-maintenance of certain walkways during winter months, data inventory, design standards and consultation with area residents; and concluding in the next 18-36 months by identifying walkways that could be permanently closed, public consultation regarding closures and identifying capital funding for future walkway improvements. Mr. Currier then reviewed three locations identified in the COUNCIL MINUTES JULY 4, 2006 - 196 - CITY OF KITCHENER report as having safety and vandalism concerns which were analyzed and will be further reviewed to determine appropriate actions, being: Butler Lane (Admiral Road / Marlborough Avenue); Greenbrook Drive /Village Road; and Cyprus Drive /Forest Hill Drive. Councillor G. Lorentz noted that the recommendations proposed for the three locations evaluated are not onerous and questioned if implementation could be proceeded with. Mr. Currier advised that the locations included in the report were used as examples of how staff intend to move forward, noting that where possible the recommended improvements will be implemented. Mr. Currier responded to further questions, advising that the example locations were chosen on the basis of citizen complaints and others that have since come to light will be examined in a similar manner. Councillor J. Gazzola stated that he would be reluctant to close walkways as it was his opinion they perform an important function in providing ease of movement for pedestrian traffic throughout subdivisions and are in keeping with the philosophy of the Pedestrian Charter. Councillor C. Weylie referred to a walkway in her Ward that has been a concern for area residents for a number of years and Mr. Currier advised that the walkway in question was visited this date, and will undergo similar evaluation. Councillor Weylie expressed the opinion that Council should give serious consideration to a return to grid patterns in the design of future subdivisions to eliminate the need for internal walkways. Councillor J. Smola introduced Clause 11 of the Development and Technical Services Committee report of this date concerning the direction to be taken to address concerns raised by area residents in the Mount Hope neighbourhood relative to triplexing. He advised that a meeting was held with interested parties and a consensus was reached that Alternative 2 would better meet the needs of the Central Neighbourhoods area. Alternative 2 provides that a study be initiated to determine whether triplexes should be prohibited and adoption of an Interim Control By-law to temporarily prohibit triplexes within the Central Neighbourhoods area, generally bounded by the Conestoga Parkway (east and south); Westmount Road (west); and City of Waterloo boundary (north). It was noted that representatives of the Mount Hope Neighbourhood Association were in attendance in regard to this issue and on invitation, Mr. Brian Smith, resident, spoke in support of approval for Alternative 2 as it would allow an appropriate planning process to be undertaken. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 11 of the Development and Technical Services Committee report of this date, be amended by deleting the deferral clause and by replacing all reference to Alternative 1 in subsequent paragraphs to provide that staff proceed with Alternative 2 to initiate a study to determine whether triplexes should be prohibited and adoption of an Interim Control By-law to temporarily prohibit triplexes within the Central Neighbourhoods area." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted. Voted on Clause by Clause. Clause 11 -Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." COUNCIL MINUTES JULY 4, 2006 - 197 - CITY OF KITCHENER Voted on Clause by Clause. Clause 5 -Dealt with under Delegations and Carried Unanimously. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted. Councillor J. Gazzola spoke in opposition to Clauses 8 & 9 of the report dealing respectively with the current practice of providing interim financial statements for review by Council and a general approach /timetable for preparation of the 2007 Capital and Operating Budgets. Councillor Gazzola maintained that monthly statements should be made available to Council and expressed the opinion that a Pro Forma Budget should be presented this year to give indication to the public as to the direction of Council in 2007. Councillor B. Vrbanovic spoke in support of Clauses 8 & 9 of the report, noting the challenges faced by staff in providing monthly statements and expressing the opinion that it would not be appropriate to project what direction the 2007 Budget may take in light of consideration by the next Council-elect. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 6 - Dealt with under Delegations and Carried Unanimously, on a recorded vote. Clauses 8 & 9 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, M. Galloway, G. Lorentz and C. Weylie. Contra: Councillor J. Gazzola Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the report of the Environmental Committee be adopted." At the request of Mayor C. Zehr, it was agreed to amend Clause 2 of the report, dealing with a request to the Ministry of Transportation to consider alternative modes of transportation, including recommendations of the North Mainline Rail Alliance, in conjunction with its proposed expansion of Highway 401, to insert the phrase `the only' in the second sentence of the fourth `Whereas' paragraph to read `... is not the only viable means'. Councillor J. Gazzola referred to sub-clause e) of Clause 1 of the report, dealing with efforts to move forward with aspects of the `Air Quality in Kitchener - 2006' report, requesting clarification as it was his understanding discussions with the School Boards were to take place prior to any Council action being taken. Councillor B. Vrbanovic noted that sub-clauses a) and b) address the issue of dialogue with various organizations and is a part of the overall strategy of moving forward with the Air Quality Plan. Councillor Gazzola then spoke in opposition to the final paragraph in Clause 1 of the report, concerning installation of Stop Idling signs, as it was his opinion it would be better to spend the funds on educating students as opposed to placing signage to warn of a matter that is not enforceable. Councillor B. Vrbanovic noted that the recommendation is in keeping with one of the 5 Best Bets and the signs are considered one component in the process of public education. COUNCIL MINUTES JULY 4, 2006 - 19$ - CITY OF KITCHENER The Environmental Committee report was then voted on Clause by Clause. Clause 1 -Voted on in two separate parts, as follows: Paragraph 1, including sub-clauses a) to g) -Carried. Paragraph 2 -Carried. Clause 2 -Carried, as Amended. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." At the request of Councillor B. Vrbanovic, staff were directed as follows: Carried. • to include Heritage Drive as part of the speed monitoring program and to work with Regional Police to enhance enforcement in this area; • to report to the August 21, 2006 Development and Technical Services Committee on particulars of all outstanding citizen complaints related to drainage problems created by neighbouring properties and a comparison of best practices of other municipalities as they may be relevant for use in Kitchener; and, • to report to the August 21, 2006 Finance and Corporate Services Committee as to what portion, if any, of the Utilities Gas Surplus has been allocated to assist in clean-up of contaminants found at the former postal outlet at 44 Gaukel Street. For the record, Councillor B. Vrbanovic referred to a recent newspaper article in The Record in which Councillor J. Gazzola is incorrectly referenced as bringing forward a motion to allocate a portion of the 2005 year-end operating surplus to effect a reduction in the municipal tax rate to 0%; when in fact, it was Councillor M. Galloway who put forward the motion. 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 G. Lorentz then referred to a recent newspaper article concerning a gas line break in his Ward and requested that staff inform him of all incidents of a significant nature at the time of the occurrence. Councillor C. Weylie advised that she has received numerous calls from residents in the area of Glasgow Street and Highland Road in regard to speeding. She asked that Traffic staff conduct new traffic counts and record speeds in the area and report back with suggestions on how to address this matter with the Region of Waterloo. At the request of Councillor J. Gazzola, Mr. R. Browning agreed to continue to pursue discussions with the University of Waterloo relative to an art component for their new School of Pharmacy. Mayor C. Zehr reported on Regional issues advising that Regional Council endorsed Phase 1 of the East Side Community Structure Plan and Highway 97 / 401 Industrial Area Expansion which will be circulated to local municipal Councils for formal review; Regional staff have been directed to draft a detailed funding strategy for a service level of 2,600 children receiving subsidized child care each month, capping the current level of service; and the Region will enter into an agreement to utilize wireless Internet service provided by Atria Networks Inc. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date, being: a zoning amending by-law relative to Clause 9 of the Development and Technical Services Committee report; an Interim Control By-law relative to Clause 11 of the COUNCIL MINUTES JULY 4, 2006 - 199 - CITY OF KITCHENER Development and Technical Services Committee report; and a Part Lot Control exemption by-law for certain lots on Britton Place. Council subsequently gave first and second reading to a by-law (shown as Item (p) below) relative to B.6 of the Committee of the Whole to effect an amendment to Chapter 630 (Fences) of the Municipal Code. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To provide for the widening of part of Plains Road as a public highway in the City of Kitchener. (b) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d) 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. (e) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (f) Being a by-law to exempt certain lots from Part Lot Control -Various Lots, Registered Plan 58M-403 - Westmeadow Drive. (g) Being a by-law to exempt certain lots from Part Lot Control -Lots 17 to 25 inclusive, Registered Plan 58M-397 - Pebblecreek Drive. (h) Being a by-law to exempt certain lots from Part Lot Control -Lots 14 & 15, Registered Plan 1805 - 534-540 - Bankside Drive. (i) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 57, all of Block 58, Registered Plan 58M-190 and Part of Block 37, Registered Plan 1799 - Briarmeadow Drive (j) Being a by-law to provide for the establishment and laying out of part of Joseph Schoerg Crescent (Plan 58M-270) as a public highway in the City of Kitchener. (k) Being a by-law to provide for the establishment and laying out of part of Joseph Schoerg Crescent (Plan 58M-399) as a public highway in the City of Kitchener. (I) To confirm all actions and proceedings of the Council. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Hallman Construction /City of Kitchener -Huron Road. (n) Being a by-law to exempt certain lots from Part Lot Control -Lot 10 and Part of Lots 9 and 11, Registered Plan 58M-327 -Britton Place. (o) Being an Interim Control By-law respecting the triplex use of lands, buildings or structures located generally within the R-5 zoned lands within the Central Neighbourhoods area. (p) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to Fences. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES JULY 4, 2006 - 200 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) To provide for the widening of part of Plains Road as a public highway in the City of Kitchener. tBy-law No. 2006-140) (b) 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. 2006-141) (c) 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. 2006-142) (d) 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. 2006-143) (e) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. tBy-law No. 2006-144) (f) Being a by-law to exempt certain lots from Part Lot Control -Various Lots, Registered Plan 58M-403 - Westmeadow Drive. tBy-law No. 2006-145) (g) Being a by-law to exempt certain lots from Part Lot Control -Lots 17 to 25 inclusive, Registered Plan 58M-397 - Pebblecreek Drive. tBy-law No. 2006-146) (h) Being a by-law to exempt certain lots from Part Lot Control -Lots 14 & 15, Registered Plan 1805 - 534-540 - Bankside Drive. tBy-law No. 2006-147) COUNCIL MINUTES JULY 4, 2006 - 201 - CITY OF KITCHENER (i) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 57, all of Block 58, Registered Plan 58M-190 and Part of Block 37, Registered Plan 1799 - Briarmeadow Drive tBy-law No. 2006-148) (j) Being a by-law to provide for the establishment and laying out of part of Joseph Schoerg Crescent (Plan 58M-270) as a public highway in the City of Kitchener. tBy-law No. 2006-149) (k) Being a by-law to provide for the establishment and laying out of part of Joseph Schoerg Crescent (Plan 58M-399) as a public highway in the City of Kitchener. tBy-law No. 2006-150) (I) To confirm all actions and proceedings of the Council. tBy-law No. 2006-151) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Hallman Construction /City of Kitchener -Huron Road. tBy-law No. 2006-152) (n) Being a by-law to exempt certain lots from Part Lot Control -Lot 10 and Part of Lots 9 and 11, Registered Plan 58M-327 -Britton Place. tBy-law No. 2006-153) (o) Being an Interim Control By-law respecting the triplex use of lands, buildings or structures located generally within the R-5 zoned lands within the Central Neighbourhoods area. tBy-law No. 2006-154) (p) Being a by-law to amend Chapter 630 of the City of Kitchener Municipal Code with respect to Fences. tBy-law No. 2006-155) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:45 p.m. MAYOR CLERK COUNCIL MINUTES JULY 4, 2006 - 202 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Demolition Control Application DC 06/05/H/AP requesting permission to demolish four single family dwellings located at 42, 46, 50, and 54 Howe Drive, owned by Deerfield Homes Ltd., legally described as Part of Lot 47, German Company Tract, be approved without conditions. 2. That the Uniform Traffic By-law be amended to permit on-street parking on the east side of Sherwood Avenue from a point 90m south of Krug Street to a point 70m south thereof, for 3 consecutive hours; and further, That Transportation Planning continue to monitor speeding and vehicular volume on Sherwood Avenue. 3. That the closure of part of the road allowance of Crescent Street that runs from Onward Avenue to the east limit be approved in principle, and that Legal Services be instructed to proceed with the preparation of a by-law to close the road allowance and the necessary advertising in the local newspaper, subject to the following conditions: 1. That the purchasers, being the registered owners of the properties municipally known as 29 Onward Avenue and 47 Onward Avenue, enter into an Agreement of Purchase and Sale with the City of Kitchener, satisfactory to the City Solicitor, to purchase part of the road allowance for $1.00. 2. That the road allowance to be closed be subject to easements in favour of Bell Canada for telephone, Kitchener-Wilmot Hydro for electrical service, Rogers Cable for cable operations, Kitchener Utilities for water service and City of Kitchener Engineering Services for sewer service. 3. That a reference plan to describe the above land be prepared and submitted to Legal Services for approval prior to it being deposited on title in advance of the preparation of the road allowance closure by-law. 4. That the purchasers be responsible for all of the costs related to survey, legal registration, advertising and Legal Services administration fee associated with the closure of the lane. 5. That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to convey this part of the road allowance to the registered owners of the properties municipally known as 29 Onward Avenue and 47 Onward Avenue. 6. That a right of way agreement for this portion of land be completed by the owner of 47 Onward Street and approved by the Committee of Adjustment for the occupants of the property municipally known as 20 Ottawa Street North for ingress and egress for vehicles, trucks, equipment and pedestrians. 4. That the Uniform Traffic By-law be amended to permit on-street parking on the east side of Fifth Avenue from Kingsway Drive to a point 60m south thereof, for 3 consecutive hours. 5. That the Uniform Traffic By-law be amended to prohibit on-street parking on the east side of Water Street North from a point 38m south of Weber Street West to a point 30m south thereof. 6. That the Uniform Traffic By-law be amended as follows: (a) to prohibit parking on both sides of Dinison Crescent from a point 260m south of the westerly intersection of Williamsburg Road to a point 50m south thereof; (b) to prohibit parking on the west side of Dinison Crescent from Albion Street (easterly intersection) to a point 20m south/east thereof; and, (c) to prohibit parking on both sides of Dinison Crescent from the easterly intersection of Williamsburg Road to a point 50m south thereof. COUNCIL MINUTES JULY 4, 2006 - 203 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 7. That the Uniform Traffic By-law be amended to permit on-street parking for 2 consecutive hours between 8:00 a.m. and 12 midnight, with no re-parking within 5 hours of the initial parking: (a) on the north side of King Street East from a point 20m west of Scott Street to a point 25m west thereof; and, (b) on the south side of King Street East from a point 20m east of Benton Street to a point 18m east thereof. 8. That Demolition Control Application DC 06/06/V/AP requesting permission to demolish one single family dwelling located at 60 Valewood Place, owned by Janet and Michael Brenner, legally described as Lot 12, Registered Plan 790, be approved, subject to the following condition: 1) That the owner obtains a building permit for the proposed development. Upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act; with the demolition permit being subject to the following condition: That in the event that construction of the new dwelling 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. 9. That Zone Change Application ZC 05/11/O/CB (Hallman Construction Limited), 430 Old Huron Road, for the purpose of changing the zoning from Residential Six Zone (R-6) to Neighbourhood Commercial Zone (C-2) with Special Use Provision 3550 on lands legally described as Tract Biehns Part Lot 11, in the City of Kitchener, be approved, in the form shown in the `proposed bylaw', dated May 30, 2006 attached to Development and Technical Services Department report DTS-06-032. 10. That the Uniform Traffic By-law be amended, such that traffic control signals are installed at the intersection of Huron Road and Strasburg Road; and further, That capital costs to install these traffic control signals of $65,000, be paid from the Capital Contingency Account, and annual maintenance and hydro consumption costs of $3,400 per annum be approved. 11. That Development and Technical Services Department report DTS-06-100 (C. Bluhm / J. Willmer) be received for information; and further, That Planning staff proceed with Alternative 2 as set out in report DTS-06-100, namely, to initiate a study to determine whether triplexes should be prohibited and to pass an interim control by-law which would temporarily prohibit triplexes for lands zoned Residential R-5 within the Central Neighbourhoods area, generally bounded by the Conestoga Parkway to the east and south; Westmount Road to the west; and the City of Waterloo boundary to the north. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES JULY 4, 2006 - 204 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 12. That senior staff meet with Canada's Technology Triangle, the Cities of Cambridge and Waterloo and other key stakeholders such as the Greater KW Chamber of Commerce to determine their interest in participating in a joint Task Force with a mandate to focus on the regional manufacturing sector; and, The Task Force inventory existing programs and services that support manufacturers and manufacturing investment in the region and identify gaps in the array of programs and services that could support and enhance the competitiveness of the region and its manufacturing cluster; and further, Subsequent to such consultations and a further discussion with the Economic Development Advisory Committee, specific suggestions will be brought to Council. COMMUNITY SERVICES COMMITTEE - 1. That aone-time grant in the amount of $1,000. ($500. cash and $500. in-kind services: transport topsoil and sod stripping), be approved to the Richwood Court Community Garden Group to assist with costs related to the start-up of Andrea's Community Garden; and further, That the Mayor and Clerk be authorized to execute any and all necessary agreements with the Richwood Court Garden Group, satisfactory to the City Solicitor, allowing Andrea's Community Garden to be located on public lands known as the Richwood Court Cul-de-sac bulb. 2. That aone-time community playground grant in the amount of $1,500., be approved to St. Mark's Catholic Elementary School in 2006 to assist with costs related to the construction of primary and junior creative playground improvements located within the school campus. 3. That the Kitchener Soccer Club be approved as an affiliated minor sport group under the City of Kitchener Minor Sport Affiliation policy; and further, That the Kitchener Soccer Club be approved as an insured group under the City of Kitchener Minor Sports Third Party Liability Insurance program. 4. That the Corporation of the City of Kitchener receive title to lands within the Huron Natural Area presently owned by the Waterloo Catholic District School Board and the Waterloo Region District School Board, free and clear of encumbrances, for nil consideration, subject to a covenant that restricts the use of the lands to a natural conservation area, at the City's cost; and, That the Corporation of the City of Kitchener enter into a Joint Venture Agreement with the Waterloo Catholic District School Board and the Waterloo Region District School Board that will settle the terms of the management and operation of the Huron Natural Area in accordance with the principles described in Report No. CSD-06-091(F. McCrea); and, That the Huron-Strasburg Natural Park Conservation Project be dissolved; and further, That the Mayor and Clerk be authorized to execute all necessary documentation to give effect to the foregoing resolutions all to the satisfaction of the City Solicitor. 5. That the use and modification of the City Hall Skate Change Room for the 24/7 access to public washrooms pilot project, be approved, as outlined in Community Services Department report CSD-06-087; and, That one-time funding in the amount of $23,415.25 to undertake the installation of a controlled access and communication system for the City Hall Skate Change Room, be approved, with $15,000. of said funding to be provided through the Safe City Capital Account and the remaining $8,415.25 to come from the Capital Contingency Account, as outlined in Appendix `B' of report CSD-06-087; and further, COUNCIL MINUTES JULY 4, 2006 - 205 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That an over expenditure of $5,300., be approved to cover the annual operating costs related to using the City Hall Skate Change Room for the 24/7 access to public washrooms pilot project. (Dealt with under Delegations and Carried Unanimously on a recorded vote) 6. That the Mayor and Clerk be authorized to execute an amended food and beverage supply agreement for the Kitchener Memorial Auditorium Complex, subject to the satisfaction of the City Solicitor, to extend the current agreement for an additional two year period as permitted in clause 2.2 of the agreement, with adjustments as outlined in Community Services Department report CSD-06-090. 7. That the Community Investment Strategy `Detailed Draft Terms of Reference', as attached to Community Services Department report CSD-06-085, be endorsed. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Ye's Sushi located at 103 King Street West applied for by 1696913 Ontario Inc. (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should it be willing wherein the applicant agrees to abide by the following conditions and to request they be added to its licence if the 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 and 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; 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). 2. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Victoria Place Retirement Residences located at 290 Queen Street South applied for by Victoria Place Retirement Residence (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should it be willing wherein the applicant agrees to abide by the following conditions and to request they be added to its licence if the Alcohol and Gaming Commission of Ontario (AGCO) chooses to issue the licence: COUNCIL MINUTES JULY 4, 2006 - 206 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2 (Cont'd) 1. 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); 2. 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; 3. to comply with the Noise By-law; and, 4. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 3. That, subject to obtaining all necessary staff approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner of The Olive & Bean Co., located at 276 King Street West, for the operation of a sidewalk patio along King Street West and Water Street North, for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2006. 4. 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 Natural Resources for the Huron Natural Area 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 as 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. 5. That an appeal by Stephen Spaetzel to the Manager of Licensing's decision not to issue a licence for the operation of a hot dog cart at 351 Margaret Avenue be granted and a licence be issued for the specified location for a period expiring December 31, 2006. 6. That in recognizing the clear majority of Kitchener residents or property owners who participated in the City's three-phased public consultation process indicated they do not want to proceed with the current proposal to build a new central library on Centre Block, the following be approved: 1. staff develop a Request for Proposal (RFP) for the redevelopment of Centre Block that does not require the construction of a new central library and uses the significant amount of public input the City has received to date to establish clear expectations for the types of development that will be considered for the block; and further, 2. staff share and discuss the detailed public feedback received during the three-phased citizen engagement process with the Kitchener Public Library Board so that the Board can determine the best way for it to proceed with addressing its future needs. (Dealt with under Delegations and Carried Unanimously on a recorded vote) 7. That the Financial Report as of May 31, 2006, attached to Financial Services Department report FIN-06-020, be received for information. COUNCIL MINUTES JULY 4, 2006 - 207 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 8. That the current practice of providing interim financial statements for review by Council in May, August and December of each year be continued, as outlined in Option 3 of Financial Services Department report FIN-06-020. (Carried on a recorded vote) 9. That the general approach and timetable outlined in Financial Services Department report FIN- 06-021, be supported as the basis for the preparation of the 2007 budget. (Carried on a recorded vote) 10. That the proposed components of the Environmental Remediation Strategy, as outlined in Development and Technical Services Department report DTS-06-088, be endorsed and staff be directed to prepare an implementation plan which supports these initiatives for Council's consideration. 11. That the remediation plan for the Guelph Street Park Community be approved, as outlined in the Frontline Environmental Management Inc. report, entitled, "Workplan for Remediation and Monitoring at Private Residential Properties in the Guelph Street Park Study Area", dated January 6, 2006; and, That the Mayor and Clerk be authorized to execute documentation, satisfactory to the City Solicitor, as follows: a) to acquire the property at 278 Clifton Road; b) with the property owners at 274, 276 and 280 Clifton Road for the restoration of the lands, amenities and replacement of the semi-detached units; c) with the property owners at 270 and 282 Clifton Road and 834 Guelph Street, for the purpose of gaining access and conducting restoration work thereon to complete the Workplan; and, d) with Sunlight Heritage Homes (828421 Ontario Inc.) to construct a replacement unit at 278 Clifton Road for subsequent re-sale notwithstanding Chapter 170 (Purchasing) of the City of Kitchener Municipal Code; and further, That staff be directed to: a) tender the demolition of the four homes on Clifton Road as identified in the Remediation and Monitoring Workplan; and, b) retain the services of Frontline Environmental Management Inc. for the supervision and completion of the Remediation and Monitoring Workplan and the filing of the Environmental Restoration Report. 12. That the Mayor and Clerk be authorized to execute a User License Agreement with Atria Networks Inc., satisfactory to the City Solicitor, for wireless internet service as described in Chief Administrator's Office report CAO-06-047, dated June 26, 2006; and, That the Mayor and Clerk be authorized to execute a Licensed Attachment Agreement with Atria Networks Inc., satisfactory to the City Solicitor, for the purposes of affixing and maintaining wireless devices to poles/light standards to support the wireless network; and further, That staff report to the Finance and Corporate Services Committee outlining options to pursue public access ports to wireless internet service within specified City facilities either through further dialogue with Atria Networks Inc. or as a City initiative, including associated costing. COUNCIL MINUTES JULY 4, 2006 - 20$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - 1. That in an effort to begin to move forward with aspects of the recently released "Air Quality in Kitchener - 2006" report during this term of Council (Summer and Fall 2006), and in particular the five Best Bets for 2006, the following actions be endorsed: a) staff plan a community forum on air quality in early Fall 2006, such forum to be conducted as part of the outreach for this report and the consultations for the Kitchener's Strategic Plan for the Environment, and that consideration be given to partnering with the Waterloo Region Partners for Clean Air for this purpose; b) staff engage the Waterloo Region Partners for Clean Air in discussions about partnering with the Kitchener Environmental Committee's Air Quality Working Group (AQWG) in an outreach strategy in Fall 2006 to inform stakeholders of their work, and other air quality initiatives within this area; c) the AQWG meet with appropriate staff and other knowledgeable experts to investigate the implementation of ISO 14001 designation for the City's fleet; d) Best Bet #3 (Increased Green Space) be referred to appropriate staff and report back to the September Environment Committee meeting with implementation strategies pertaining to the recommendations associated with this item; e) appropriate City staff meet with representatives from the two School Boards to discuss Best Bet #4 (Reach Out to School Boards) and report back to the Environment Committee about implementation possibilities and potential role for the AQWG with this recommendation going forward; and, f) members of the AQWG work with Kitchener Utilities, Kitchener-Wilmot Hydro and Union Gas, as well as the City's Communications staff to find ways to increase awareness and promote residential energy conservation; and, g) that following the community forum and Fall outreach campaign, staff, in conjunction with the AQWG, bring back a report to Council summarizing the results, an update on 2006 Best Bets, identification of 2007 Best Bets and a recommended implementation strategy for the balance of the report; and further, That the following recommendations contained in Development and Technical Services Department report DTS-04-145, dated October 1, 2004 pertaining to the installation of "no idling" advisory signage be approved: `That Council approve an over-expenditure of $21,500 to cover the one-time costs of manufacturing and installing `Stop Idling' advisory signs at approximately 60 City facilities and 50 school zones. That the City of Kitchener continue to support the existing formal education campaign, in partnership with the Citizen's Advisory Committee on Air Quality (CACAQ), to increase awareness of the negative impacts of idling vehicles. That the City of Kitchener not establish a `No Idling' by-law at this time.' 2. WHEREAS the Ontario Ministry of Transportation (MTO) has proposed to undertake a Class Environmental Assessment and Preliminary Design Study to examine possible improvements required to address the short, medium and long-term needs of Highway 401 from 0.5 km west of Regional Road 8 to 0.5 km east of Regional Road 24/Hespeler Road, as a means of identifying improvement needs related to traffic operation, capacity and safety issues; and, WHEREAS serious road congestion is prevalent on all roads leading both to and from the Greater Toronto Area; and, COUNCIL MINUTES JULY 4, 2006 - 209 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE - (CONT'D) 2 (Cont'd) WHEREAS the Province has proposed to expand highways as a means of resolving congestion issues; and, WHEREAS research has demonstrated that road expansion leads to an increase of motor vehicle uses on said roads, thus indicating that road expansion is not the only viable means of solving future congestion issues; and, WHEREAS cars and trucks are responsible for approximately one third of Canada's greenhouse emissions; and, WHEREAS in Cities worldwide public transit and rail transportation has been shown to be a more environmentally-friendly and effective mode of transportation; THEREFORE BE IT RESOLVED that in conjunction with any proposed expansion, the Province of Ontario implement the recommendations of the North Mainlines Rail Alliance and an expansion of the GO commuter rail network; and, BE IT RESOLVED that High Occupancy Vehicle (HOVs) and/or bus lanes be created and reserved during peak hours on any new highway expansions; and, BE IT FINALLY RESOLVED that this resolution be sent to the Premier of Ontario, the Minister of Transportation, and to the municipal councils and MPP's of all communities covered by the North Mainline Rail Alliance. (Carried, as Amended) HERITAGE KITCHENER - 1. That the following properties receive 2006 Mike Wagner Heritage Awards: Outstanding Achievement Awards 120 Duke Street West (Wilfrid Laurier University - St. Jerome's Campus) Nominated by: Mr. Ron Dupuis, Wilfrid Laurier University 35 Weber Street West, Unit A (Formerly St. Mary's High School) Nominated by: Mr. John P. Shewchuk, Waterloo Catholic District School Board Awards of Merit 350 Doon Valley Drive (Mill Club Clubhouse) Nominated by: Mr. Jonathan Weizel, Architect, on behalf of the Old Mill Partnership COUNCIL MINUTES JULY 4, 2006 - 210 - 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 after consideration of new information, pursuant to the April 24, 2006 resolution of Council, in respect of an appeal filed by Mr. Tom Price, wherein the Committee hereby overturns its decision of March 20, 2006 and rescinds the designation of Prohibited Dog applied to "Rocky", a dog owned by Mr. Tom Price, be ratified and confirmed." 2. Engineerinq Agreement -Hidden Vallev Subdivision - 30T-04201 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 Hidden Valley Kitchener Limited, Hidden Valley Subdivision, Plan 30T-04201." 3. Engineerinq Agreement - JHS Properties Inc. - 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." 4. Engineering Agreement - Stirling Bridge Limited - Woodside Avenue Townhomes 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 MTE Consultants Inc., regarding Woodside Avenue Townhomes (90 Woodside Avenue), Draft Plan 30T-05202." 5. Sale of Tickets -Kitchener-Waterloo Svmahonv Lotterv It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener-Waterloo Symphony, 101 Queen St. N., Kitchener, Ontario, N2H 6P7, to conduct the `2006/2007 Kitchener-Waterloo Symphony Lottery' on March 24, 2007, in the City of Kitchener, which will also include a series of `Early Bird' draws." COUNCIL MINUTES JULY 4, 2006 - 211 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Amendment to Chaster 630 tFences Council considered Corporate Services Department report CRPS-06-109 (S. Turner), concerning an amendment to Chapter 630 (Fences) of the Municipal Code to revise the definition of a swimming pool. Mr. R. Gosse, City Clerk, requested that the associated by-law be given first and second readings and stand referred to Council this date for third reading. Mr. S. Turner advised that the intent of the amendment is to refine the definition of a swimming pool so as to avoid interpretive difficulties associated with increased use of large, above ground, inflatable pools on private property. It was resolved: "That a by-law be enacted to amend the definition of a "Swimming Pool" as contained in Chapter 630 (Fences), to define a swimming pool as a structure that is designed and capable of holding a minimum of 36 inches of water; and further, That the above noted by-law be read a first and second time and stand referred to Council this date for third reading." 7. Request to Sell Goods and Refreshments -Ontario Autism Coalition It was resolved: "That the request of the Ontario Autism Coalition to hold a special event at Civic Square, 200 King Street West on July 31, 2006, be approved, provided the necessary licence, including Health and Fire approvals, is obtained." $. Various Tenders Dealt with under Delegations. 9. Surplus Lands -South Drive I Glen Road Council considered Corporate Services Department report CRPS-06-062 (L. Proulx), concerning declaration and sale of surplus lands at the corner of South Drive and Glen Road. At the request of Councillor J. Gazzola, it was agreed to defer this matter pending receipt of additional information relative to the market value of the land and any alternative options for use of the lands. It was resolved: "That the recommendation contained in Corporate Services Department report CRPS- 06-062 (L. Proulx), dated May 11, 2006, regarding declaration and sale of surplus lands at the corner of South Drive and Glen Road, be deferred and referred to a future Council I Committee meeting pending additional information related to the market value of the land and any alternative options for its use." 10. Committee of Adiustment Decisions -Various Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held June 13, 2006. Items 10. i) and ii) regarding a sign variance (SG 2006-007) and fence variance (FN 2006-002) for CAW / TCA Canada National Building Corporation, 5 Executive Place, were dealt with under Delegations. COUNCIL MINUTES JULY 4, 2006 - 212 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Committee of Adjustment Decisions -Various tCont'd) "That the application of Ruben & Jennifer Delgado (FN 2006-003 - 72 Kestrel Street) requesting legalization of a 1.8 m (6 ft.) high solid board fence setback 0 m from the side lot line abutting a street, rather than the required 1.5 m setback, on Part Block 23, Registered Plan 58M-181, being Part 192, Reference Plan 58R-12968, 72 Kestrel Street, Kitchener, Ontario, BE REFUSED." -and- "That the application of Heffner Lexus Inc. (SG 2006-009 - 3131 King Street East) requesting permission for 2 pylon signs to have cladding to the ground rather than a 2.44m (8') clearance between the bottom of the sign and grade, and permission for the pylon sign closest to the driveway entrance to be located Om from the property line along King Street East rather than the required 0.4m (1.31 ft.), on Part Lot 27, Plan 986, being Parts 1, 2 and 3, Reference Plan 58R-7992, 3131 King Street East, Kitchener, Ontario, BE APPROVED." -and- "That the application of City of Kitchener (SG 2006-010 - 222 Chandler Drive) requesting permission to erect a ground sign with a height of 1.8m (5.9') rather than the permitted 1.5m (4.92'), and an area of 4.5 sq. m. (48.43 sq. ft.) rather than the permitted 3 sq. m. (32.39 sq. ft.), to be located 1.3m (3.28 ft.) from the Chandler Drive lot line rather than the required 3 m. (9.8 ft.), on Part Lot 48, German Company Tract, being Part 1, Reference Plan 58R-7799, 222 Chandler Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall apply to the sign generally as shown on the plans submitted with this application." 11. Encroachment Agreement Request -Proposed Fence over Sanitary and Storm Sewer Easement at 242 The Country Wav Council considered Corporate Services Department report CRPS-06-106 (J. Sheryer), dated June 27, 2006. It was resolved: "That subject to the approval of the Director of Engineering Services, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of Part Lot 317, Registered Plan 1416 designated as Part 4 on 58R-9194 (PIN 22609-0086), municipally known as 242 The Country Way, to legalize the installation of a wooden fence to be located over a sanitary and storm sewer easement and running 6" in from the side lot line, commencing at the rear lot line and stopping 1' back from the sidewalk, said Agreement to be registered on title." 12. Encroachment Agreement Request -Existing Wooden Fence and Landscaping on Road Allowance at 38 Westwood Crescent Council considered Corporate Services Department report CRPS-06-107 (J. Sheryer), dated June 27, 2006. It was resolved: "That upon compliance with Chapter 630 (Fences) of The City of Kitchener Municipal Code and removal of large rocks in the City's boulevard, subject to the approval of City COUNCIL MINUTES JULY 4, 2006 - 213 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 12. Encroachment Agreement Request -Existing Wooden Fence and Landscaping on Road Allowance at 38 Westwood Crescent tCont'd) staff, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner(s) of the property municipally known as 38 Westwood Crescent, for a wooden fence and landscaping located on the City's road allowance." 13. Downtown Art Project - "The Moon and 1" -Encroachment Agreement with Kitchener Downtown Business Association Council considered Corporate Services Department report CRPS-06-108 (J. Sheryer), dated June 27, 2006. It was resolved: "That subject to the necessary City staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with Kitchener Downtown Business Association to legalize an art project entitled `The Moon and I' that will encroach on the City's King Street West road allowance and Centre Block property." 14. Sale of Site 113 & Part of Site 114 in Huron Business Park Council considered Chief Administrator's Office report CAO-06-048 (R. Regier), dated June 28, 2006, concerning an Agreement of Purchase and Sale for lands in the Huron Business Park. It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale from 2046840 Ontario Inc., satisfactory to the City Solicitor, for their purchase of part of Lot 14 on Registrar's Compiled Plan 1471, designated as Parts 4, 5, & 6 on Reference Plan 58R-15361, being a parcel of land in the Huron Business Park, having an area of approximately 1.98 acres at a price of $110,000 per acre, for a total purchase price of $217,800.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor to complete this transaction." 15. Sidewalk Construction -Westmount Road between Union Boulevard and City Boundary Council considered Development and Technical Services Department report DTS-06- 111 (R. Shames), concerning a request by the City of Waterloo to construct sidewalk on the west side of Westmount Road between Union Boulevard and the City boundary as part of their project to construct sidewalk on Westmount Road between William Street and the City boundary. At the request of Councillor M. Galloway, it was agreed not to accept the recommendation of staff to approve the sidewalk construction as area residents do not support the proposal. It was resolved: "That the request of the City of Waterloo to include construction of sidewalk on the west side of Westmount Road between Union Boulevard and the City boundary in their tender for sidewalk construction on that portion of Westmount Road between William Street and the City boundary, be denied." COUNCIL MINUTES JULY 4, 2006 - 214 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 16. Public Walkways Audit Dealt with under Delegations. 17. Proposal for a New Tourism Organization -Results, Consultation and Next Steps Council considered this date Chief Administrator's Office report CAO-06-049 (C. Ladd), regarding creation of a Steering Committee to continue development of a new Tourism Organization, with Terms of Reference and membership as outlined in report CAO-06- 049. It was resolved: "That the creation of a Steering Committee to continue the development of a new Tourism Organization be endorsed, with the Terms of Reference and membership to be as described in Attachment 1: Continuing the Development of a Tourism Organization for Waterloo Region (together with its appendices) attached to report CAO-06-049 (C. Ladd), dated June 29, 2006; and further, That funding not to exceed $7,000. be approved to support the work of the Steering Committee in 2006." 18. Liquor Licence Review Application - Fergie's Pub & Deli - 210 King Street East Council considered this date Corporate Services Department report CRPS-06-102 (S. Wright), regarding a liquor licence application for Fergie's Pub & Deli, 210 King Street East. It was resolved: "WHEREAS Fergie's Pub & Deli located at 210 King Street East has made application to the Alcohol and Gaming Commission of Ontario for the sale of alcohol in an outdoor area as found in an ad in The Record on June 15, 2006; and, WHEREAS the City's Liquor Licence Review Committee has received comments about the application from neighbouring businesses and the Kitchener Downtown Business Association, who have indicated that the application would have a negative impact on their business and surrounding neighbourhood; therefore Council opposes the application and requests a hearing to be held on behalf of the residents of the municipality; and, That Council directs staff to request the Alcohol and Gaming Commission of Ontario (the "AGCO") to attach the conditions listed below to the Applicant's liquor licence should the AGCO issue the licence in spite of Council's opposition; and further, That Council authorizes the Mayor and Clerk to enter into an Agreement with the Applicant should it be willing, wherein the Applicant agrees to abide by the following conditions as private conditions with the City and may also agree to request the conditions be added to its licence if the AGCO chooses to issue the licence in spite of Council's opposition: 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 and Entertainment Committee and attend its meetings; COUNCIL MINUTES JULY 4, 2006 - 215 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 18. Liquor Licence Review Application - Fergie's Pub & Deli - 210 King Street East tCont'd) 3. To abide to a set 70% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); 4. To stop serving alcohol by 2:00 a.m. daily; 5. To notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. To comply with the Noise By-law and the Smoking By-law; 7. To ensure that its patio operation complies with all federal, provincial and municipal laws including the Ontario Health Protection and Promotion Act and the Liquor Licence Act; 8. To ensure that at all times the patio furnishings are situated in a way that does not impede the ingress and egress to the premises or obstruct the access to Fire Department connections; 9. To equip the patio with a refuse container, clearly visible to the customer; 10. To keep the patio and the area around the patio free from refuse and shall pick up immediately any refuse/litter originating from the patio in the area adjacent to the patio to prevent it from blowing around to neighbouring areas; 11.To clean up immediately any spills originating from the operation of the patio in the patio area and in the area adjacent to the patio to prevent spills from being tracked to neighbouring areas/businesses; 12. To remove any stains in the patio area and in the area adjacent to the patio; 13. To erect and maintain a barrier surrounding the patio, such as a chain and post structure, measuring between 42" and 48" in height to keep the barrier in good repair; and not to construct any chain link fencing; 14. To display an incidental sign within the patio area stating "No shirt, no shoes, no service"; 15. To impose a dress code standard on the premises and extend the same to the patio operation, specifically requiring all patrons to wear shirts; the applicant shall be responsible to enforcing said requirement; 16. To provide outdoor supervision of the patio to ensure that the behaviour of patrons is not unreasonable and the applicant shall not permit customers on their patio to yell, shout, whistle or harass passersby in any way; 17. Not to allow people to loiter/congregate within and around the perimeter of the patio; 18. To ensure that all beverages to be consumed in the patio area are served in plastic or acrylic glasses; 19. To ensure that no animals, in particular dogs, are permitted in the patio area or leashed to the patio barrier; the applicant shall not encourage patrons to leash their animals to street furniture or provide water bowls for the animals; and, 20. These conditions shall bind all successors, assigns and subsequent licence holders (if any)." 19. Mavor's Blackout Dav Challenge Council considered an e-mail sent to Mayor C. Zehr from Mayor Michael Harding, City of Woodstock, requesting the City of Kitchener join in the `Mayor's Blackout Day' Challenge on Sunday, August 13, 2006, to achieve aone-day 4% reduction of energy consumption. COUNCIL MINUTES JULY 4, 2006 - 216 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 19. Mavor's Blackout Dav Challenge tCont'd) Mayor C. Zehr noted that the challenge is to take place on the Sunday before the actual anniversary of the August 14, 2003 blackout to limit the impact to citizens and businesses. He noted that Kitchener-Wilmot Hydro is willing to work with the City to encourage citizen participation in energy conservation as part of a promotional campaign for this event. It was resolved: "WHEREAS if all municipalities in the Province of Ontario were to achieve a 4% reduction, Ontario would collectively reduce the provincial demand by 845 Megawatts and 17,000 Megawatt-hours, or the equivalent of powering 680,000 homes for a day; THEREFORE BE IT RESOLVED that Kitchener City Council accepts the friendly challenge to join Woodstock City Council and surpass a reduction of 4% electricity consumption within our respective communities on Sunday, August 13, 2006." 20. Joseph Street I Gaukel Street Reconstruction -Noise Exemption Request Council considered this date Development and Technical Services Department report DTS-06-113 (J. McBride), concerning a noise exemption request for road reconstruction on Joseph and Gaukel Streets. It was resolved: "That the City of Kitchener and its contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code during the road reconstruction on Joseph Street and Gaukel Street, between the hours of 7:00 p.m. and 7:00 a.m., for the period from July 6 to October 30, 2006." 21. Victoria Street South Reconstruction -Noise Exemption Request Council considered this date Development and Technical Services Department report DTS-06-114 (J. McBride), concerning a noise exemption request for road reconstruction on Victoria Street South. It was resolved: "That the Region of Waterloo and its contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code during the road reconstruction on Victoria Street South, from Walnut Street to Lawrence Avenue between the hours of 7:00 p.m. and 7:00 a.m., for the period from July 6 to October 31, 2006." 22. Purchase of Snow Melting Eauiament Council considered this date Financial Services Department report FIN-06-022 (P. Houston), concerning tendering for purchase of a mobile snow melter. Mr. K. Currier, Director of Operations, advised that originally the Cities of Kitchener and Waterloo were considering partnering to rent a smaller mobile snow melter at a rental cost of approximately $100,000.; however, in evaluation, Kitchener determined that it requires a larger unit that will cost approximately $200,000. to rent. Accordingly, staff is recommending that Kitchener purchase the larger unit rather than rent; and in keeping with the original agreement with the City of Waterloo, Waterloo will be permitted to use the equipment at a rental fee of $50,000. for the 2006-2007 winter season only. He added that approval to proceed to tender now is requested due to the length of time COUNCIL MINUTES JULY 4, 2006 - 217 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 22. Purchase of Snow Melting Equipment tCont'd) required to build the unit, being approximately 6 months, and the desire to have the unit available during the next winter season. Councillor J. Gazzola raised concerns with approving the request, having only received the staff report this date. Ms. P. Houston advised that the tender process needs to begin now in order to have the unit available for the upcoming winter season; and Council's approval to proceed to tender now will permit the Chief Administrator to award the tender during Council's summer recess. It was resolved: "That staff be authorized to proceed to tender for the purchase of a 135 ton/hour Mobile Snow Metter, at an approximate cost of up to $550,000."