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HomeMy WebLinkAboutCouncil - 2006-08-28COUNCIL MINUTES AUGUST 2$, 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 Krystal Wolfe, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held July 4, 2006 and special meetings held July 4 and August 8 & 21, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated August 1, 2006, from Premier Dalton McGuinty, acknowledging receipt of Council's resolution regarding amendments to the Workplace Safety Insurance Act. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In regard to Tender T06-019 (Hydrovac Excavating Services), Mr. D. Quinn, Director of Utilities, agreed to investigate the feasibility of purchasing a hydrovac unit in lieu of continuing to tender this service. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the Chief Administrative Officer's decision, undertaken according to policy respecting Council's summer meeting schedule, awarding Tenders /Expressions of Interest be ratified as follows: i) T06-072 -122.4 Metric Tonne Portable Snow Metter Awarded to: Trecan Combustion Limited, Hubley NS Tender price: $490,200., including GST & PST ii) E06-060 -Consultant Services - Kingsdale Community Centre Business Case Awarded to: Green Propeller Design Inc., Milton ON Proposed fee: $39,469.10., including disbursements of $1,265. and GST iii) T06-029 -Standby Generator Buildings -Old Mill Road I Stoke Drive Awarded to: Sierra Construction (Woodstock) Ltd, Woodstock ON Tender price: $720,270., including provisional & contingency items of $19,435. and GST, less $70,691.40 including GST for masonry portion Awarded to: Kappeler Masonry Corporation, St. Jacobs ON." -and- "That Tender T06-019, Hydrovac Excavating Services, be awarded to Badger Daylighting, Red Deer, Alberta, at their tendered price of $122,515., including G.S.T." -and- "That Tender T06-062, 123 K.W. (165 net hp) Rubber Tired Articulated Loader, be awarded to Ontrac Equipment Services Inc., Cambridge at their tendered price of $187,671.36, plus optional 14' Viking VCL 38 14-PR plow at $17,793.12 including G.S.T. and P.S.T., and optional front axle disconnect at $1,660.98 including G.S.T. and P.S.T." Carried. Council considered this date Community Services Department report CSD-06-094 (R. Willms), dated August 23, 2006 relative to Clause 7 of the Finance and Corporate Services Committee report of this date, recommending that a Minor Sports Travel Assistance Grant not be approved for the Dynamo (Studio D) Dance Team to attend an International Dance Festival in Vancouver, B.C., as their application does not meet grant criteria. Ms. Deardra Leslie, Studio D, advised that fundraising for the dance team is handled by a separate financial committee with its own bank account and budget separate from Studio D. She pointed out that the dance team has submitted the required grant application, requesting financial assistance in COUNCIL MINUTES AUGUST 2$, 2006 - 226 - CITY OF KITCHENER the amount of $8,832. to cover the team's fundraising shortfall. She suggested that the team's participation will provide exposure for the City in the artistic community on a world-wide stage and increase performance levels of the dance team in their chosen craft. In response to questioning, Ms. Leslie advised that 4 of the 7 children would not be able to participate if their request was not approved. Ms. A. Pappert provided clarification of the travel assistance grant previously approved for the International Children's Games, which consisted of $90. per competitor to a maximum of $1,000. per team for qualified applicants (i.e. under the age of 18 and a Kitchener resident). Councillor J. Gazzola brought forward a motion for consideration, seconded by Councillor G. Lorentz, to amend Clause 7 of the Finance and Corporate Services Committee report to remove the deferral clause and replace it with approval of a Minor Sports Travel Assistance Grant in the amount of $1,600. for the dance team. Councillor J. Gazzola commented that the youth involved are engaged in a form of recreation, and similar to minor sports, should be supported on that basis. He suggested that staff should review grant criteria in terms of including support for arts and culture recreational venues of this nature. Councillors G. Lorentz and B. Vrbanovic agreed that a review of grant criteria should be undertaken to determine a funding mechanism for this type of recreation. Councillor Lorentz stated that in lieu of such policy he would have difficulty supporting the amount proposed but could support an amount of $1,000., in line with current practice for minor sports travel assistance grants. Councillor Vrbanovic added that such approval should be granted on the basis of "notwithstanding Council's policy". Councillor M. Galloway commented that he would not support the request as this is a privately- run studio as opposed to a registered non-profit and/or charitable group and the request was made outside the protocol of the grant process. Councillor J. Gazzola's motion to approve a $1,600. Minor Sports Travel Assistance Grant for the Dynamo (Studio D) Dance Team was then voted on and LOST. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Clause 7 of the Finance and Corporate Services Committee report of this date be amended by deleting the deferral clause and replacing it with approval of a $1,000. Minor Sports Travel Assistance Grant for the Dynamo (Studio D) Dance Team to attend the 2006 International Tap Dance Festival in Vancouver, B. C." Carried. Moved By Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That staff report to a future Community Services Committee meeting as to how grant funding may be provided in future to arts and cultural recreational youth groups in similar manner to the Minor Sports Travel Assistance Grants." Carried. Messrs. George Hannoush and Jack Nanson attended in regard to an offer to purchase lands from the City on Sheldon Avenue, declared surplus to the City's needs. Mr. Nanson spoke of behalf of his client, Mr. Hannoush, advising that his client intends to develop his lands with a 24-unit condominium building. In 2005 his client requested an opportunity to acquire a portion of the adjacent City-owned lands to enhance his development and subsequently, the City offered the entire surplus parcel to his client. Mr. Nanson advised that both Mr. Hannoush and the City obtained appraisals; however, both were unacceptable to the City and accordingly, they have been unable to establish a selling price. He stated that the surplus lands are encumbered by an easement related to significant underground services over which his client cannot construct any buildings. Mr. Nanson stated that the City's appraiser is attempting to set a selling price based on developable land, which is inappropriate in his opinion, given the the easement. He advised that his client has submitted an offer to the City and is looking for direction from Council as to what is an acceptable selling price. COUNCIL MINUTES AUGUST 2$, 2006 - 227 - CITY OF KITCHENER In response to questions, Mr. Nanson acknowledged that it was not the City's practice to negotiate the sale of land in open session but expressed frustration that no direction is being given to his client in respect to establishing a selling price. He stated that it was his opinion the appraiser acting on behalf of the City, Peter Benninger Realty, had not officially been retained by the City to deal with the entire surplus parcel, but rather Council's resolution of November 2005 referred only to the original portion of the surplus lands offered; and the appraiser has provided criteria for establishing a selling price that is outside his client's capability to meet. Council posed a number of questions related to determining what value the surplus lands may have with respect to Mr. Hannoush's development. Mr. Hannoush responded that he did not require the lands to undertake his proposed development; however, the additional lands would allow him to make application to increase the height of the building, comply with the required sideyard and include additional landscaping. Mr. Hannoush added that regardless of the additional lands his development would consist of no more than 24 units and parking would be underground. Mr. Troy Speck, General Manager of Corporate Services, advised that Peter Benninger Reality was retained to undertake appraisal of the original offer of land, following which a second report was considered and approved by Council in regard to selling the whole of the surplus lands. He advised that Council's resolution of November 2005 makes reference to negotiating a fair market value for the surplus lands and given the expertise of Peter Benninger Realty, staff are recommending continued use of their services. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Council reaffirms its direction to staff to retain the services of Peter Benninger Realty for the purpose of negotiating fair market value for all, or any part thereof, of the lands declared surplus and described as 338 feet in depth with a width of 15 feet at the southerly edge of Part 1 on Reference Plan 58R-1054 and 20 feet in width at the south end of Part 2 on Reference Plan 58R-1054, Sheldon Avenue North, Kitchener." Carried Unanimously. Mr. Paul Britton, MHBC Planning Ltd., attended in regard to Clause 5 of the Development and Technical Services Committee report dealing with various planning applications made by Drewlo Holdings Inc. relative to Fallowfield Drive, Country Hills East. The staff recommendation approving the planning applications was deferred and referred for consideration this date to allow matters at issue between Drewlo Holdings Inc. and DGF Investments, an adjacent developer, to be resolved. Mr. Britton advised that all matters of dispute between the parties has been resolved and the necessary agreements, including one to which the City is a party, have been finalized. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 5 of the Development and Technical Services Committee report of this date, dealing with modifications to Plan of Subdivision 30T-86035, Municipal Plan Amendment MP 02/03/C/BS and Zone Change application ZC 02/04/C/BS (Drewlo Holdings Inc., Fallowfield Drive, Country Hills East), be amended by removing the deferral clause and replacing it with the staff recommendation as contained in Development and Technical Service Department report DTS-06-125 (B. Sloan) to approve the planning applications." Carried. Officer Peter Barbuto, Waterloo Regional Police Services, provided an overview of the C.P.T.E.D. audit, (Crime Prevention Through Environmental Design), and in particular, the current audit for lands on Fallowfield Drive. He noted that the philosophy of CEPTD is founded on the belief that property design and effective use of the built environment can lead to reduction in the fear and incidents of crime, as well as improve the quality of life. Officer Barbuto responded to questions, advising that CEPTD audits work best in the beginning stages of development and the current audit he is conducting is on undeveloped lands. He also COUNCIL MINUTES AUGUST 2$, 2006 - 22$ - CITY OF KITCHENER spoke to the importance of maintaining visibility on residential streets from within homes ("eyes on the street"), in playing a key role in crime prevention /community safety. Mr. Dave Reid, Eastforest Homes Limited, attended in regard to Clause 9 of the Development and Technical Services Committee report dealing with housekeeping amendments to the City's Zoning By-law; and in particular, with regard to new regulations proposed for attached garages for semi- detached and street townhouse dwellings. Consideration of a timeline for imposing the new regulations was deferred at the August 21, 2006 Development and Technical Services Committee meeting and referred for consideration this date. Mr. D. Reid advised that in the planning stages of the Eastforest Development (Fischer-Hallman / Huron Road), discussions were held and issues resolved regarding regulations pertaining to attached garages for residential buildings, but these discussions did not include semi-detached dwellings. He indicated that Eastforest has spent significant funds on marketing the semi-detached buildings with double garages and have existing offers to purchase. Mr. Reid disagreed with the opinions expressed at the Development and Technical Services Committee meeting regarding the appearance of the double garages, suggesting that they alleviate a more immediate concern of unsightly proliferation of parked cars on-street. He commented that there is public demand for this type of affordable housing and asked that regulations not be changed. He added that if a decision is made to approve the new regulations that consideration be given to including a grandfathering clause to minimize the impact to the Eastforest development. Councillor M. Galloway raised concerns with the design of having an entrance door to the side/rear of the dwelling and lack of greenspace, questioning if the development is in the best interest of the community. Mr. Reid commented that in his opinion, more attention should be given to the issue of on-street parking as the majority of homeowners have two or more cars and this design provides adequate space for off-street parking. He added that considerable time has been spent on architectural design to ensure a product that they can be proud of, as well as sell. In response to Councillor B. Vrbanovic, Mr. Reid advised that Eastforest does not build semis in Waterloo or Cambridge as semis with double garages are prohibited by regulation and there is no demand for semis with single garages. Councillor Vrbanovic raised the issue of lack of opportunity for "eyes on the street" as designed. Mr. Reid responded that on small lots it is impractical to design living space at the front of the home and in most cases, the living space is at the back of the home. He pointed out, however, that the Eastforest design places the recreational living space over top of the garage creating greater opportunity for "eyes on the street". Councillor B. Vrbanovic questioned if a timeline to obtain building permits by December 31, 2006 would be adequate for the developer to make the transition. Mr. Reid suggested it would not, noting they have semi-detached lots cut for 48 units and he was unsure how fast they would sell. He stated that Eastforest would want these lots to be exempt and suggested that before any decision is made, more time is needed to discuss the proposed percentage decrease and to understand issues of architectural design. He added that if approved, the new regulations would take away opportunity for affordable homes with double car garages as it would be his recommendation to Eastforest to discontinue building semi-detached buildings given there is no public demand for this type of dwelling with single garages. In response to Councillor J. Gazzola, Mr. Reid advised that when they changed to building semis with double car garages their sales increased significantly and in regard to the quality of the garage doors, they surpassed the existing Building Code standards and options for upgrades are available to purchasers. Mr. Reid responded to further questions, advising that of the lots cut for semis, 6 to 8 of the 48 units are under construction; and while dependant on closing dates, building permit applications are typically made within one month of a closing date. It was also noted that the number of semis in a row is dependant on street configuration with the maximum likely to be 8 buildings. Mr. Reid indicated that if this was the issue they could ensure a mix of housing types. He added that use of the garage for storage varies with most wanting both cars in the garage to gain added parking in the driveway. Mr. Reid reiterated his preference for a design that provides off-street parking, citing an example of the Laurentian West subdivision as being less aesthetically pleasing because of the proliferation of on-street parking in that area. COUNCIL MINUTES AUGUST 2$, 2006 - 229 - CITY OF KITCHENER Council then asked a number of questions of staff responded to by Mr. J. Willmer, Director of Planning, advising that control of the housing mixture is best dealt with in a subdivision agreement rather than by by-law. It was noted that there is ability to negotiate housing mix in new subdivision agreements but in this case, it would require modifications to an already registered development. It was Mr. Willmer's opinion that a by-law to effect an immediate change in provisions would be the better approach to take. It was also noted that asemi-detached with a double garage does not afford any more intensification than one with a single garage as the living space remains virtually the same. Mr. Willmer agreed that demand for semis with single garages has dwindled and the builder having realized they could accommodate a double garage on the smaller lot has found a means by which to open a niche in the market. He added that notwithstanding the market, Council has responsibility as community leaders to ensure they are satisfied with the aesthetics of subdivision design in terms of benefit to the community as a whole. Mr. J. Willmer provided clarification as to how the percentage of width was derived, noting that allowing 70% width of the building as is applied to singles, does not overcome the issue of aesthetics in this instance, as it would still allow a double garage on asemi-detached lot. Accordingly, 60% width of a building is being recommended for semis. He noted that 70% is recommended for street townhouses as they are subject to site plan control, allowing issues of design and aesthetics to be negotiated; whereas, semi-detached buildings are not subject to site plan control. In regard to the issue of grandfathering several options were outlined, including: approval of the new provisions to apply only to lots registered after the date of passing of the proposed by-law; specify a date as to when the new provisions would take effect; or, apply the new regulations to new lots but not to existing lots in registered subdivisions provided a building permit is applied for by a specified date. Mr. Willmer indicated that building permits are valid for 6 months from the date of issuance and suggested that 4 months, to December 31, 2006 would be a reasonable period of time for the developer to continue marketing their product prior to having to meet the deadline for building permit applications. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 9 of the Development and Technical Services Committee report of this date be approved, as amended, by deleting the deferral clause in sub-clause b) and replacing it with provision to impose regulations for width and projections for attached garages on semi- detached and street townhouse dwellings, as recommended in report DTS-06-117 (S. Rice), subject to the new regulations not to be applied to existing lots in registered subdivisions providing that a building permit application for such lots is made by December 31, 2006." Members of Council spoke in support of the motion, commenting on the importance of the role of Council in developing a sense of community; going beyond the issue of aesthetics to ensure safe, livable neighbourhoods; and ensuring quality of living in the long-term. Mayor C. Zehr requested that Clause 9 of the report, as amended, be voted on in two separate parts. Paragraph 1 and sub-clause a) - Carried Unanimously. Sub-clause b) -Carried Unanimously. Motion -Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 5 - Dealt with under Delegations and Carried, as Amended. COUNCIL MINUTES AUGUST 2$, 2006 - 230 - CITY OF KITCHENER Clause 9 - Dealt with under Delegations and Carried Unanimously, as Amended. 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 referred to Clause 10 of the report, dealing with a pending report outlining the structure and mandate of a Committee that will develop policy related to accountability and transparency issues. Mr. R. Gosse, City Clerk, responded to a question regarding timing of the follow-up report, advising that the Committee is intended to have Council representation and, in view of the upcoming Municipal Election in which certain members of the existing Council may choose not to run or may not be re-elected, it was determined to wait until January 2007 to strike the Committee to avoid disruption to the membership. Councillor J. Gazzola then referred to Clause 11 of the report, regarding recommendations to increase development capacity and sustainability of the City's tax /utility billing system. He raised concerns with the direction as proposed, suggesting it is a more costly approach and would like to have seen alternatives. Ms. P. Houston commented that in 2003, Council supported continuation of the CIS system as the best option and it is staff's opinion it remains the best option today. The proposed approach is a matter of fine tuning the original proposal and will result in slightly lower operational costs. She added that assessing another product at this time would be more costly, indicating that there is no other product available that exactly meets the City's needs. The report of the Finance & Corporate Services Committee was then voted on Clause by Clause. Clause 7 - Dealt with under Delegations and Carried. Clause 10 -Carried. Clause 11 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola. Absent: Councillor M. Galloway. Balance of Report -Carried Councillor G. Lorentz requested staff to provide information on work undertaken to repair a section of the Voisin Greenway in regard to the cost savings achieved as a result of the work being completed by City staff. He then referred to citizen complaints he had received from residents in the area of the Lanark Retirement Facility relating to parking and noise issues, and asked that Planning staff report to a future Committee meeting with an update. Councillor Lorentz also asked that information be gathered on the police complement assigned to Kitchener to determine if there is need to seek an increase. At the request of Mayor C. Zehr, it was agreed that staff invite senior members of the Waterloo Regional Police Services to a future Committee meeting to update Council on recent re-deployments of police services within the Region. At the request of Councillor C. Weylie, it was agreed that staff investigate the feasibility of posting signs on properties that are the subject of a Committee of Adjustment severance application, in COUNCIL MINUTES AUGUST 2$, 2006 - 231 - CITY OF KITCHENER similar manner to zone change and municipal plan amendments; with a report to a future Development and Technical Services Committee meeting. At the request of Councillor B. Vrbanovic, it was agreed that staff report to a future Development and Technical Services Committee meeting regarding the placing of water shut-off valves in the Lyndale Subdivision in terms of compliance with new regulations. Council agreed to the request of Mr. R. Gosse, City Clerk, to add four by-laws for three readings this date; the first to establish dates and times for the 2006 Advance Voting relative to Clause 1 of the Finance and Corporate Services Committee report, and the three zoning amending by-laws relating to Clauses 7, 8 and 9 of the Development and Technical Services Committee report. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (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) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (f) 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. (g) Being a by-law to provide for the establishing and laying out of part of Robert Ferrie Drive as a public highway in the City of Kitchener. (h) Being a by-law to amend Chapter 103 of the City of Kitchener Municipal Code with respect to Auditor. (i) Being a by-law to provide for the establishing and laying out of part of Rosemount Drive, Eton Drive, Fife Avenue, Heather Avenue, Islington Avenue, Sherwood Avenue and Cambridge Avenue as public highways in the City of Kitchener. (j) Being a by-law to exempt certain lots from Part Lot Control -Part Block 19, Registered Plan 58M-258 - Activa Avenue. (k) Being a by-law to exempt certain lots from Part Lot Control -Block 167, Registered Plan 58M-331 -Colton Circle. (I) To confirm all actions and proceedings of the Council. (m) To set the dates and times for the 2006 Advance Vote. (n) Being a by-law to amend By-law 85-1, known as the Zoning By-law for the City of Kitchener - 27 Carisbrook Drive. (o) Being a by-law to amend By-law 85-1, known as the Zoning By-law for the City of Kitchener - 219 Sixth Avenue. COUNCIL MINUTES AUGUST 2$, 2006 - 232 - CITY OF KITCHENER (p) Being a by-law to amend By-law 85-1, known as the Zoning By-law for the City of Kitchener- Housekeeping Amendments. 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 M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "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 J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2006-159) (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. 2006-160) (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. 2006-161) (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. 2006-162) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2006-163) (f) 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. 2006-164) (g) Being a by-law to provide for the establishing and laying out of part of Robert Ferrie Drive as a public highway in the City of Kitchener. tBy-law No. 2006-165) COUNCIL MINUTES AUGUST 2$, 2006 - 233 - CITY OF KITCHENER (h) Being a by-law to amend Chapter 103 of the City of Kitchener Municipal Code with respect to Auditor. tBy-law No. 2006-166) (i) Being a by-law to provide for the establishing and laying out of part of Rosemount Drive, Eton Drive, Fife Avenue, Heather Avenue, Islington Avenue, Sherwood Avenue and Cambridge Avenue as public highways in the City of Kitchener. tBy-law No. 2006-167) (j) Being a by-law to exempt certain lots from Part Lot Control -Part Block 19, Registered Plan 58M-258 - Activa Avenue. tBy-law No. 2006-168) (k) Being a by-law to exempt certain lots from Part Lot Control -Block 167, Registered Plan 58M-331 -Colton Circle. (I) To confirm all actions and proceedings of the Council. (m) To set the dates and times for the 2006 Advance Vote. tBy-law No. 2006-169) tBy-law No. 2006-170) tBy-law No. 2006-171) (n) Being a by-law to amend By-law 85-1, known as the Zoning By-law for the City of Kitchener - 27 Carisbrook Drive. tBy-law No. 2006-172) (o) Being a by-law to amend By-law 85-1, known as the Zoning By-law for the City of Kitchener - 219 Sixth Avenue. tBy-law No. 2006-173) (p) Being a by-law to amend By-law 85-1, known as the Zoning By-law for the City of Kitchener- Housekeeping Amendments. tBy-law No. 2006-174) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:55 p.m. MAYOR CLERK COUNCIL MINUTES AUGUST 2$, 2006 - 234 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Uniform Traffic By-Law be amended to include all-way stops at the following intersections: • Activa Avenue and Max Becker Drive, • Max Becker Drive and Activa Avenue/Lemonbalm Street, • Activa Avenue and David Bergey Drive, • Max Becker Drive and Commonwealth Street; and, • Activa Avenue and Donnenwerth Drive. 2. That the Uniform Traffic By-law be amended: (a) to permit on-street parking for two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday -Saturday on the south side of King Street East from a point 25 metres east of Madison Avenue South to a point 12 metres east thereof; and, (b) to permit on-street parking for two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday -Saturday on the south side of King Street East from a point 10 metres east of Pandora Avenue South to a point 25 metres east thereof; and, (c) to prohibit on-street parking at any time on north side of King Street East from Stirling Avenue North to a point 40 metres west of Pandora Avenue North. 3. That the Uniform Traffic By-law be amended to prohibit heavy trucks at all times on Park Street between Victoria Street South and Union Boulevard, and further; That Transportation Planning, in conjunction with the Region of Waterloo Traffic Services Section, further increase the regulatory and advisory signing, on both Park Street and Victoria Street South, of the reduced clearance under the Park Street overpass. 4. That Development and Technical Services Department report DTS-06-123 titled "Help Design Downtown Kitchener -Survey Results" be received for information purposes, and the results be used to inform future Downtown initiatives such as new Municipal Plan policies, urban design guidelines, engineering project designs, and Economic Development projects. 5. That the recommendations for the modifications to Plan of Subdivision 30T-86035, Municipal Plan Amendment MP 02/03/C/BS and Zone Change Application ZC 02/04/C/BS (Fallowfield Drive -Country Hills East - Drewlo Holdings Inc.), as contained in Appendix A to Development and Technical Services Department report DTS-06-125, be approved. (Dealt with under Delegations and Carried, as Amended) 6. That the `draft' design-based Municipal Plan policies for Downtown Kitchener be received, and staff undertake public consultation, commencing September 8, 2006, on the proposed policies, with the intention of holding a formal public meeting at the October 2, 2006 Development and Technical Services Committee meeting. 7. That Zone Change Application ZC/06/07/C/RM requesting a change from Agricultural Zone (A- 1)and Agricultural Zone (A-1) with a special Regulation (1 R) to Residential Three Zone (R-3) with special Regulations (1 R and 446R) and Hazard Land Zone (P-3) on lands legally described as German Company Tract Part Lots 59 & 60 subject to R.O.W. (Jim and Susan Roberts, 27 Carisbrook Drive) in the City of Kitchener, be aggroved, in the form shown in the "Proposed By-Law", dated July 26, 2006 attached to Development and Technical Services Department report DTS-06-121. 8. That Zone Change Application ZC/06/08/S/RM requesting a change from Residential Five (R- 5) Zone to Residential Five (R-5) Zone with a Special Regulation Provision 445R on lands legally described as Plan 918 Lot 1 (Henryk Soczinski, 219 Sixth Ave) in the City of Kitchener, be approved, in the form as shown in the "Proposed By-Law", dated July 26, 2006 attached to Development and Technical Services Department report DTS-06-122. COUNCIL MINUTES AUGUST 2$, 2006 - 235 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. That Zone Change Application ZC 06/16/COK/SR (Housekeeping By-law), representing comprehensive changes to Zoning By-law 85-1 be approved, as recommended in Development and Technical Services Department report DTS-06-117, except for the following: (a) That special regulation 31 R, regarding an airport related height restriction in the Victoria Street North, Centennial Drive, Shirley Avenue area of the City not be removed from By- law 85-1; and, (b) That provisions for attached garages for semi-detached houses and street townhouses, as recommended in report DTS-06-117, be approved but shall not apply to a lot existing on August 28, 2006 provided a building permit has been applied for by December 31, 2006. (Dealt with under Delegations and Carried Unanimously, As Amended.) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That pursuant to Section 43 (1) of the Municipal Elections Act, the following dates and times for the 2006 advance vote, be approved by By-law: Saturday, October 28, 2006 10 a.m. - 6 p.m. Wednesday, November 1, 2006 12 p.m. - 8 p.m. Thursday, November 2, 2006 12 p.m. - 8 p.m. Saturday, November 4, 2006 10 a.m. - 6 p.m. 2. That the Chief Administrative Officer be granted authority to approve all Tenders, Expressions of Interest and Proposal Calls which are currently unbudgeted and with a value in excess of $50,000. for the period September 29 to December 11, 2006; and, That this authority be automatically rescinded in the event the current Council, either on September 29, 2006 (Nomination Day) or November 13, 2006 (Voting Day) is not prohibited from carrying out the activities outlined in Section 275 of the Municipal Act, 2001; and further, That any approvals granted by the Chief Administrative Officer during the above period be reported to Council for ratification at the earliest opportunity following the Inaugural Meeting of the new Council. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Gospel Temple for a community Carnival and BBO on September 9, 2006, between the hours of 9:00 A.M. and 4:00 P.M. 4. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from October 6 to October 14, 2006 at Bingeman's Marshall Hall, 425 Bingemans Centre Drive, Kitchener. 5. That the Mayor and Clerk be authorized to execute an Amendment to the Development Charge Credit and Refund Agreement with Lyndale Estates Limited that provides for the collection of development charges on lots within the plans of subdivision owned by Lyndale Estates Limited for which building permits are yet to be issued and remittance of an amount equal to the development charges so collected to Lyndale Estates Limited in lieu of the application of development charge credits upon building permit issuance, on terms and conditions satisfactory to the City Solicitor. 6. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor license for East African Cafe located at 50 Ontario Street South applied for by Afework Girmayie (herein referred to as the "Applicant"); and further, COUNCIL MINUTES AUGUST 2$, 2006 - 236 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) 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). 7. That notwithstanding Council Policy I-598 (Grant -Travel Assistance -Minor Sport), a $1,000. Minor Sports Travel Assistance grant be approved for the Dynamo (Studio D) Dance Team to attend the International Tap Dance Festival in Vancouver, B.C. from September 1 to 4, 2006. (Dealt with under Delegations and Carried, As Amended.) 8. That the request of the Ontario Realty Corporation (ORC) for an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code to permit construction of an addition to the Provincial Courthouse at 200 Frederick Street North, between the hours of 7:00 P.M. to 6:00 A.M. Monday to Friday and 8:00 A.M. to 6:00 P.M. Saturday and Sunday, be deferred and referred to a future meeting of the Finance and Corporate Services Committee to allow representatives of ORC and City staff to meet with area residents. 9. That the proposal from Rogers Television to install robotic cameras in the Council Chamber, the construction of a control room and installation of associated equipment for the broadcasting and recording of Council and Committee meetings, be accepted as outlined in Corporate Services Department report CRPS-06-111; and further, That the Mayor and Clerk be authorized to execute an agreement with Rogers Television satisfactory to the City Solicitor. 10. That staff submit a report to the Finance and Corporate Services Committee in January 2007, outlining the structure and mandate of a Committee that will develop comprehensive policies, procedures and/or by-laws to ensure the accountability and transparency of the operations of the City including Council and City Staff. 11. That the following recommendations, to increase development capacity and sustainability of the City's Tax/Utility Billing System, be approved: 1. extend the contract of the CIS consultant by eighteen months, phasing out by the end of 2007; 2. as part of succession planning for the CIS consultant, add afull-time Systems Analyst position, effective November 1, 2006; 3. develop sustainability in the project team by converting the following contract positions to full-time: -two Quality Assurance positions; COUNCIL MINUTES AUGUST 2$, 2006 - 237 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) - three Senior Programmer positions; and, 4. add afull-time Systems Administrator position for the CIS system in 2007; and further, That the system status and overall resource plan for the CIS system is reassessed for Council's consideration in early 2011. (Carried, on a recorded vote.) 12. That the Proposed Corporate Central Alarm System Business Case, as attached to Development and Technical Services Department report DTS-06-129, be approved. 13. That the request for additional engineering fees of $42,000. (excluding GST), submitted by Stantec Consulting Ltd., relative to Expression of Interest E04-074 (Consultant Services - Onward Avenue Reconstruction), be approved. 14. That the request for additional engineering fees of $47,510. (excluding GST), submitted by Totten Sims and Hubicki relative to Expression of Interest E05-008 (Consultant Services - Brentwood Avenue Reconstruction), be approved. 15. That the request for an extension to the purchase orders to account for additional engineering and construction expenditures of $15,000. and $133,000. respectively, for the removal of contaminated material on Strange Street, be approved. COUNCIL MINUTES AUGUST 2$, 2006 - 23$ - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Dog Designation Appeal Committee Decisions -Various It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Diane Weber, wherein the Committee hereby rescinds the designation of Prohibited Dog applied to "Zoe", a dog owned by Diane Weber be ratified and confirmed." -and- "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Fernando Demelo, wherein the Committee hereby affirms the designation of Prohibited Dog applied to "Ruby", a dog owned by Fernando Demelo be ratified and confirmed." 2. Execution of Engineering Agreement -Brookfield Crescent Subdivision 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 K.J. Behm & Associates Inc., regarding Brookfield Crescent Subdivision, Plan 30T-05206." 3. Tethered Hot Air Balloon Approval -Jack Couch Stadium It was resolved: "That approval be granted for the request from The Kitchener Rangers to permit tethered hot air balloon rides in Jack Couch Stadium on the grounds of the Kitchener Memorial Auditorium Complex on September 3, 2006." 4. Tender Approvals -Chief Administrative Officer -Council Summer Recess Dealt with under Delegations. 5. Various Tenders Dealt with under Delegations. 6. Uncollectible Utility Accounts Write-off Council considered Financial Services Department report FIN-06-025 (P. Houston / J. Evans), dated August 22, 2006. It was resolved: "That Uncollectible Utility Accounts, amounting to $88,382.37, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." COUNCIL MINUTES AUGUST 2$, 2006 - 239 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Uncollectible Receivables Write-off Council considered Financial Services Department report FIN-06-026 (P. Houston / J. Evans), dated August 22, 2006. Ms. P. Houston agreed to provide further details of certain uncollectible receivables related to Customer #536250 (Sidewalker); monthly parking; and an accident related incident. It was resolved: "That Uncollectible Receivables, amounting to $50,212.57, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." $. Committee of Adiustment Decisions -Various Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding meetings held July 11 and August 15, 2006. It was resolved: "That the application of Loblaw Properties Limited (Submission No. SG 2006-011 - 875 Highland Road West) requesting permission: to replace the existing pylon sign on the Highland Road frontage with a pylon sign having a clearance of 1.47 m (4.82') between the bottom of the sign and grade, rather than the required 2.44 m (8'); to replace the existing pylon sign on the Fischer-Hallman Road frontage with a pylon sign having a clearance between the bottom of the sign and grade of 1.8 m (5.9'), with cladding in the clearance area, rather than a clearance of 2.44 m (8'); and, to replace a pylon sign on the Queen's Boulevard frontage with a pylon sign having a clearance between the bottom of the sign and grade of 1.8 m (5.9'), with cladding in the clearance area, rather than a clearance of 2.44 m (8'), on Part Blocks A and F, Plan 1384, 875 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variances as approved in this application shall apply to the pylon signs only as shown on the plans and drawings submitted with this application." -and- "That the application of Alpine Hyundai (Submission No. SG 2006-005 - 44 Alpine Road West) requesting permission to construct a pylon sign without a clearance area of 2.44m (8') between the bottom of the copy area of the sign and grade, to have a height of 7.9m (25.91 `) rather than the required 7.5m (24.6'), to be located 0.15m (0.49`) from the front lot line rather than the required 0.4m (1.31 `); also, permission to erect a fascia sign with a projection above the roof line of 0.6m (2') rather than the permitted 0.35m (1.148`), on Part Lot 6, Registered Plan 1022 and Part Block L, Plan 1246, being Parts 1 - 7, Reference Plan 58R-7826, 44 Alpine Road West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive approval of a landscape plan from the City of Kitchener for the 2 parking spaces adjacent to the driveway, including the space where the new pylon sign is to be located; and shall install the required landscaping within 6 months of the date of this decision, to the satisfaction of the City's Director of Planning. 2. That prior to the issuance of a sign permit, the owner shall submit to Kitchener- Wilmot Hydro, and receive approval of, a plan showing that the proposed signs will not be located within 3.5 m of the centre line of the adjacent pole line." COUNCIL MINUTES AUGUST 2$, 2006 - 240 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) $. Committee of Adjustment Decisions -Various tCont'd) -and- "That the application of Colloquium Investments (Submission SG 2006-014 - 842 Victoria Street North) requesting permission to erect 2 pylon signs having a minimum clearance of 1.7m (5.57`) between the bottom of the sign and grade rather than the required 4.3 m (14.1 `), and permission to have cladding within the sign clearance area, on Lot 49, Registered Plan 763, 842 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and receive approval of a landscape plan for the area around the base of these signs, satisfactory to the City's Director of Planning, prior to receiving a sign permit." 9. Land Purchase from Public Guardian & Trustee - Bridgeport-Centre Ward Council considered Corporate Services Department report CRPS-06-127 (L. MacDonald), dated August 24, 2006. It was resolved: "That the City accept a transfer from the Public Guardian and Trustee for Parts 5 and 6 on Plan 58R-13462 for nominal consideration; and further, That the Mayor and Clerk be authorized to execute any necessary documentation, satisfactory to the City Solicitor, to complete the transfer." 10. Removal of Title Control Restrictions - 390 Trillium Drive, 60 Steckle Place & 40 Adam Ferrie Place Council considered this date Corporate Services Department report CRPS-06-125 (F. McCrea), dated August 23, 2006. It was resolved: "WHEREAS on June 28, 2006, the property described as Part of Lot 3, Registrar's Compiled Plan 1478, designated as Parts 1 & 2 of Plan 58R-5272 and municipally known as 390 Trillium Drive, Kitchener complied with the restrictions set out in Schedule "A" to Instrument No. 881270 with the exception of grading; NOW THEREFORE BE IT RESOLVED that the restrictive covenants set out in Paragraph 2 of Instrument No. 881270 shall be released from title contingent on final grading approval by the City; and, WHEREAS on January 9, 1989, Council passed a resolution confirming that Lots 26 and 31, Registrar's Compiled Plan 1478, being 40 Adam Ferrie Place and 60 Steckle Place respectively, had merged and that the restrictive covenants to build contained in both deeds had been fully complied with in respect to both lots; and, WHEREAS on June 28, 2006, the property described as Lot 31, Registered Compiled Plan 1478, and municipally known as 60 Steckle Place, Kitchener complied with the restrictions set out in Schedule "A" to Instrument No. 531788 with the exception of Paragraph 8, dealing with grading; and, WHEREAS on June 28, 2006, the property described as Lot 26, Registered Compiled Plan 1478, and municipally known as 40 Adam Ferrie Place, Kitchener complied with the restrictions set out in Schedule "A" to Instrument No. 693982 with the exception of Paragraph 8, dealing with grading; COUNCIL MINUTES AUGUST 2$, 2006 - 241 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Removal of Title Control Restrictions - 390 Trillium Drive, 60 Steckle Place & 40 Adam Ferrie Place tCont'd) NOW THEREFORE BE IT RESOLVED that Paragraph 5 of Instrument Nos. 531788 and 693982 shall be released from title of 60 Steckle Place, and 40 Adam Ferrie Place respectively, contingent on final grading approval by the City; and, That the City Solicitor be authorized to electronically sign for completeness and release any document required to be registered on title electronically; and further, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor in order to give effect to the above."