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HomeMy WebLinkAboutCouncil - 2007-04-16COUNCIL MINUTES APRIL 16, 2007 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor J. Smola. The meeting began with the singing of "O Canada" by the 1St St. Jacobs Sparks, Brownies and Girl Guides. On motion by Councillor C. Weylie, the minutes of the regular meeting held March 19, 2007 and special meetings held March 19 and April 2, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL An Award of Merit was presented by Mayor C. Zehr to Mr. Hans Pottkamper for his service on various Boards and Committees. An Award of Merit is for service is excess of five years. Certificates of Service were received by the following individuals in recognition of serving on special Boards and Committees under the jurisdiction of City Council Mayor C. Zehr and individual members of Council presented the Certificates to the recipients in attendance this date. A Certificate of Service is given for up to five years of service. • Dorothy Angel • Isabel Cisterna • Donna Kuehl • Markus Stranz • Raj Nandakumar • Mark Paleczny • Sunshine Chen • Kimberly Lane • Peter Hinchcliffe • Jim Law • Derek Lippert • Sharon Fohring • Edward Brooker Ms. Tara Avery, area resident, attended in regard to Clauses 5 and 6 of the Development and Technical Services Committee report regarding Draft Plans of Subdivision 30T-50201 and 30T-05205 and the Laurentian West Community Plan. Ms. Avery spoke in opposition to the proposed road connection linking Activa Avenue and Isaiah Drive. She raised concerns that: the area residents were not properly informed of the road connection; there will be increased traffic in the Activa subdivision; safety concerns regarding children due to traffic; and there will be an effect on property values. Ms. Avery explained that no notice of the road connection was given when they purchased their properties and that the signage employed to notify area residents was not visible from Activa Avenue. Ms. Avery added that at present Activa Avenue is an extremely busy street and by connecting the proposed Eby Estate Subdivision to Activa Avenue via Isaiah Drive, more traffic will be added to the already excessive volume on Activa Avenue. Ms. Avery suggested that in place of the road connection, trails could be installed to link the two Subdivisions. Ms. Avery requested that if the road connection is to be constructed the City consider implementing the following measures: the installation of a three-way stop at the corner of Activa Avenue and Isaiah Drive; lowering the speed limit on those roads to 40 km/h; increasing the fines for speeding and install warning signs advising motorists of the increase in fines; and, ensure the construction of sidewalks to the park in the Eby Estates Subdivision when the park is completed. Additionally, she requested information regarding any possible future development of Susannah Street. Ms. Avery stated that she was not opposed to development but wants to ensure it is done in harmony with the existing subdivision and she volunteered to act as a liaison between the City and the area residents if the Community Plan is approved. Mr. Randy Knipping, area resident, attended in opposition to the proposed road connection raising similar concerns relating to the increase in traffic on Activa Avenue and the insufficient notice that was provided to area residents. Mr. Knipping added that many of the area residents are new Canadians and may not have understood the notices and the implications of what is being proposed. He expressed concerns regarding the progress of the work to date on the subject lands; the effect of the installation of the proposed storm water management ponds; and, the use of his and neighbouring properties by the developers to facilitate the construction of a temporary storm water outlet. Ms. Nicolette Horne, MHBC Planning, addressed Council on behalf of her client, RBJ Schlegel Holdings Limited in respect to the concerns raised by area residents. She stated that traffic flows will be monitored throughout the construction process and, if warranted, athree-way stop will be installed COUNCIL MINUTES APRIL 16, 2007 - 79 - CITY OF KITCHENER at the intersection of Activa Avenue and Isaiah Drive. She stated that in May 2005, the notification signs were installed on the owner's property at the closest possible location to Activa Avenue. She noted that when the area residents purchased their lands, they would have received a copy of the Plan of Subdivision which shows the road connection linking Activa Avenue and Isaiah Drive. Ms. Horne added that in the interest of good community planning it is essential that the road connection be installed. Mr. J. Willmer, Director of Planning, advised that it is possible Susannah Street may not remain a cul- de-sac and in the future this road may be developed as a point of access to Ottawa Street. He added that the lands around the proposed Susannah Street could possibly be developed with 100-130 units. He noted that the Eby Estates lands are zoned as a gravel pit and as such, the developers are in a unique situation whereby they are permitted to remove the trees on the site without having to obtain the City's approval. Mr. Willmer explained that developers are required to install notification signs on the subject property and provide for the long term maintenance of said signs. In the case of Eby Estates subdivision, the lands located directly adjacent to Activa Avenue are owned by a third party and therefore the sign could not be located closer to the street. He added that making arrangements to locate the sign on lands owned by another party may be difficult due to liability issues. Mr. Willmer further advised that the construction of sidewalks are typically not undertaken until the houses are built in order to mitigate damage from the heavy equipment Mr. Willmer also noted that without the proposed road connection between Activa Avenue and Isaiah Drive, public transit would not be able to access the Eby Estates Subdivision. Mr. J. McBride, Director of Transportation Planning, advised that as Activa Avenue and David Bergey Drive were engineered as collector roads, there are no capacity concerns regarding the potential increase in traffic flow caused by the development and the road connection. Further, the road connection would provide vital access for emergency vehicles. He noted that reducing speed limits and increasing fines has proven to be an ineffective traffic calming measure without a continual police presence and he advised against implementing such measures. He stated that an annual review will be undertaken of this area to determine if it requires priority traffic calming measures. Mr. McBride estimated that approximately half of all traffic in that area will use Isaiah Drive to exit the proposed subdivision, and half will use Bleams Road adding, that if the Susannah Street connection to Ottawa Street is developed, it will lessen the flow of traffic on Isaiah Drive. Mayor C. Zehr requested that Ms. Horne circulate to Ms. Avery and Mr. Knipping the information that MHBC distributed to Council as part of their agenda packages for this meeting regarding the planning of the proposed Plans of Subdivision. In response to questions from Mayor C. Zehr, Mr. Steve Roorda, MTE Consulting, stated that he was of the opinion that the temporary storm water outlet referred to by Mr. Knipping was installed within a 6 m walkway on the subject lands. He agreed to investigate any possible encroachment issues, noting that if needed he will work with the area residents to reach a resolution to this matter. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clauses 5 and 6 of the Development and Technical Services Committee report regarding Draft Plans of Subdivision 30T- 50201 and 30T-05205 and the Laurentian West Community Plan were brought forward for consideration. Mr. Willmer advised that there were additional Regional conditions for the Subdivision Agreements, as attached to correspondence from Ms. D. Gilchrist, dated April 10, 2007. Several members of Council spoke in support of the proposed applications and in particular, the road connection to Activa Avenue as it would serve to provide connectivity between the two subdivisions. Councillor K. Galloway advised that she would be willing to work with area residents to address their concerns as the development of the proposed Plan of Subdivision moves forward. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clauses 5 and 6 of the Development and Technical Services Committee report relating to Draft Plans of Subdivision 30T-05201 and 30T-05205 and the Laurentian West Community Plan, be approved as amended by adding the following: Plan of Subdivision 30T-05201 -Section 3.0 Regional Conditions COUNCIL MINUTES APRIL 16, 2007 - $0 - CITY OF KITCHENER 16. Prior to final approval, that the Region be consulted by the SUBDIVIDER for lot grading and drainage plans and stormwater management plans to ensure that water quality and quantity is maintained and that there are no impacts to the Regional Road system. 17. That prior to final approval of Stage 1, the SUBDIVIDER shall obtain a Regional Road Access Permit for access to Bleams Road. Plan of Subdivision 30T-05205 -Section 3.0 -Regional Conditions 12. Prior to final approval, that the Region be consulted by the SUBDIVIDER for lot grading and drainage plans and stormwater management plans to ensure that water quality and quantity is maintained and that there are no impacts to the Regional Road system." Carried. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor J. Gazzola requested additional information regarding the $138,876. encumbrance listed for Tender T07-002 -Road and Surface Construction. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That Tender T07-002, Road and Surface Construction, be awarded to Steed And Evans Limited, Kitchener, at their tendered price of $3,021,805.07, including provisional items and contingency of $102,239.50 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T07-030, Rink Board System KMAC -Kinsmen Rink, be awarded to Sport Systems Unlimited Corp., Waterloo at their tendered price of $133,772., including G.S.T." -and- "That Tender T07-039, Food and Concession Paper Products, be awarded to Sysco Food Services of Central Ontario, Peterborough, Ontario at their tendered price of $188,412.77, excluding G.S.T. & P.S.T., for one year, with the option to renew for a further two (2) one-year terms." -and- "That Expression of Interest E06-103, Consultant Services -Roof Consulting, be awarded to Peto MacCallum Ltd, Hamilton, Ontario at their estimated fee of $49,544.40, including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Expression of Interest E07-038, Consultant Services -Senior Strategy, be awarded to Monteith Brown Planning Consultants, London, Ontario at their estimated fee of $37,095.76 including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Proposal P07-020, Real Estate Services, be awarded to Coldwell Banker Commercial Peter Benninger Reality, Kitchener, on an 'as required' basis for a one (1) year period, with an option to renew for two (2) additional one year terms." -and- COUNCIL MINUTES APRIL 16, 2007 - $1 - CITY OF KITCHENER "That Quotation Q07-030, Turf Equipment, be awarded as follows: • One (1) - 1,293 kg (2,850 Ib.), Four Wheel Utility Vehicle with Hydraulic Dump Box complete to specification CKF-262-2007, be awarded to G.C. Duke Equipment Ltd., Burlington, Ontario at their quoted price of $27,075., including G.S.T. and P.S.T. • One (1) - 364 kg (800 Ib.), Four Wheel Utility Vehicle with Hydraulic Dump Box complete to specification CKF-81-2007, be awarded to DeBoer's Equipment, Elora, Ontario at their quoted price of $14,250., including G.S.T. and P.S.T. • Two (2) - 7.5 kw (10hp) Air Cooled Three Wheel Self-Propelled Sand Trap Rakes complete to specification CKF-228-2007, be awarded to Podolinsky Equipment Ltd., Petrolia, Ontario at their quoted price of $24,582.96, including G.S.T. and P.S.T." Carried. Ms. Ita Magid, Supervisor of Benefit Development, was in attendance with regard to Clause 6 of the Finance and Corporate Services Committee report concerning the elimination of mandatory retirement which was deferred to this meeting for consideration. Ms. Magid advised that Revenue Canada has informed her that any spending account implemented for employees continuing to work past age 65 would not be eligible for Long Term Disability (LTD) coverage. She noted that it is anticipated that over the next 5 years, the number of employees choosing to work beyond age 65 will be minimal. However, should the numbers increase over the next 10 years there will be a financial impact on the overall benefit plan. Councillor J. Gazzola stated that given the relatively small number of employees who will choose to work beyond age 65, it would be preferable to continue to provide those employees with the same benefit plan that they currently receive. He added that if over the next 5-10 years there is an increase in the number of employees, then the benefit plan can be re-evaluated. Ms. Magid advised that under that proposal, employees working beyond age 65 would continue to receive the same benefit plan as negotiated by their particular bargaining unit, save and except LTD coverage. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Human Resource Policy II-250, (Retirement) be amended to reflect the end of mandatory retirement by eliminating "compulsory" retirement; and, That employees who work beyond age 65 continue to accrue service or vacation purposes, and sick leave, in the same manner as employees under the age of 65 ,and further, That Human Resource Policy II-145, (Group Insurance and Pension Plans) be amended to reflect continued premium based insurance benefits except Long-term Disability, for employees who work beyond age 65." Carried. 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. Clause 6 - Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. COUNCIL MINUTES APRIL 16, 2007 - $2 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Councillor J. Gazzola requested that Clauses 1 and 2 of the Community Services Committee report be voted on separately, as he was not in support of those recommendations. Voted on Clause by Clause. Clauses 1 & 2 -Carried. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Services Committee be adopted." Voted on Clause by Clause. Clause 6 - Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Audit Committee be adopted." Carried. Councillor B. Vrbanovic advised that earlier this year it was suggested that an audit be undertaken for Special Events. Ms. Ann Pappert, General Manager of Community Services Department advised that Special Events is currently working on a strategic plan and a report will be brought forward in the near future to the Audit Committee. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener (meeting of September 12, 2006) be adopted." Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener (meeting of April 3, 2007) be adopted." Carried. Councillor G. Lorentz made reference to correspondence from Regional Chair Ken Seiling to the Honourable Monte Solberg, Minister of Human Resources and Social Development Canada, in which Chair Seiling requested that additional funding under the Homelessness Partnership Strategy be allocated to the Region of Waterloo. Councillor Lorentz suggested that the City of Kitchener should send a letter to Minister Solberg in support of Chair Selling's request. COUNCIL MINUTES APRIL 16, 2007 - $3 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That a letter in support of Regional Chair Ken Selling's request that the Region of Waterloo receive additional funding under the Homelessness Partnership Strategy, be sent to the Minister of Human Resources and Social Development Canada." Carried. Councillor C. Weylie advised that the latest population numbers have been released by Census Canada and she requested that information be provided regarding when the City's highway signs will be updated. Council agreed to the request of Mr. R. Gosse, City Clerk, to add four by-laws for three readings this date being: a by-law to implement Municipal Plan Amendment No. 67 and a by-law to amend the Zoning By-law both relative to Clause 4 of the Development and Technical Services Committee Report this date; and two by-laws to amend the Zoning By-law relative to Clauses 5 and 6 of the Development and Technical Services Committee Report this date. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (e) Being a by-law to provide for the establishing and laying out of part of Landgren Court as a public highway in the City of Kitchener. (f) Being a by-law to provide for the establishing and laying out of part of Woodbine Avenue as a public highway in the City of Kitchener. (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (h) Being a by-law to provide for the widening of part of Limerick Road as a public highway in the City of Kitchener. (i) Being a by-law to authorize borrowing for current expenditures in 2007. (j) To confirm all actions and proceedings of the Council. (k) Being a by-law to adopt Amendment No. 67 to the Municipal Plan -City of Kitchener - 1260848 Ontario Inc. - 950 Highland Road West. (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1260848 Ontario Inc. -Highland Road West. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 970722 Ontario Inc. - Bleams Road. COUNCIL MINUTES APRIL 16, 2007 - $4 - CITY OF KITCHENER (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - T.A.L.M. Holdings Inc. - Bleams Road. 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 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 B. Vrbanovic "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 K. Galloway Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2007-63) (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2007-64) (c) To further amend By-law 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. 2007-65) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2007-66) (e) Being a by-law to provide for the establishing and laying out of part of Landgren Court as a public highway in the City of Kitchener. tBy-law No. 2007-67) (f) Being a by-law to provide for the establishing and laying out of part of Woodbine Avenue as a public highway in the City of Kitchener. tBy-law No. 2007-68) (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2007-69) COUNCIL MINUTES APRIL 16, 2007 - $5 - CITY OF KITCHENER (h) Being a by-law to provide for the widening of part of Limerick Road as a public highway in the City of Kitchener. tBy-law No. 2007-70) (i) Being a by-law to authorize borrowing for current expenditures in 2007. tBy-law No. 2007-71) (j) To confirm all actions and proceedings of the Council. tBy-law No. 2007-72) (k) Being a by-law to adopt Amendment No. 67 to the Municipal Plan -City of Kitchener - 1260848 Ontario Inc. - 950 Highland Road West. tBy-law No. 2007-73) (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1260848 Ontario Inc. -Highland Road West. tBy-law No. 2007-74) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 970722 Ontario Inc. -Bleams Road. tBy-law No. 2007-75) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - T.A.L.M. Holdings Inc. -Bleams Road. tBy-law no. 2007-76) be taken as read a third time, be finally passed and numbered serially b y the Clerk." Carried. On motion, the meeting adjourned at 8:55 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 16, 2007 - $6 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement with the registered owner of Plan 1478 LOT 14 PT LTS 3&4 RP58R502 Part 1 RP58R2588 Part 1 RP58R5010 Part 3 RP58R5455 Parts 1 & 2, known municipally as 299 Trillium Drive, pursuant to Div. B, Sec. 3.2.8.1(8) of the Building Code, said agreement to permit the construction of a Storage Building with the limiting distance for the exposed building face being measured to a point beyond the property line on the adjacent property, PL1471 PTLT16 PL1478 PT LTS 3&4 PT Bechtels TCT RP58R 7008 PTS 8-10 known municipally as Strasburg Creek. 2. That an accelerated traffic calming program not be pursued at this time. 3. That the Master Plan process for King Street and the City Centre District proceed according to the Schedule included in Development and Technical Services Department report DTS-07- 055; and, That City staff and the project team consult the public and develop streetscape concepts for King Street and strategies for the City Centre District; and further, That periodic updates on this matter be submitted to the Development & Technical Services Committee. 4. That Municipal Plan Amendment Application MP06/06/H/JB requesting a change in designation from Low Rise Residential to Low Rise Residential with a Special Policy to permit a maximum floor space ratio of 1.2 for multiple dwellings on lands owned by 1260848 Ontario Inc., municipally known as 950 Highland Road West, and legally described as Part Lot 35 GCT, RP 58R10060, PT 18, PT 13 & PT 3, in the City of Kitchener, be approved, in the form shown in the Municipal Plan Amendment attached to Development and Technical Services Department report DTS-07-042, and accordingly forwarded to the Region of Waterloo; and, That Zone Change Application ZC06/17/H/JB requesting a change from Convenience Commercial Zone (C-1) with Special Regulation Provision 145R to Convenience Commercial Zone (C-1 ), with a Special Regulation Provision 145R and Special Use Provision 361 U on the lands owned by 1260848 Ontario Inc., municipally know as 950 Highland Road West, and legally described as Part Lot 35 GCT, RP 58R10060, PT 18, PT 13 & PT 3, in the City of Kitchener, be approved, in the form shown in the Proposed By-law, dated March 27, 2007 presented at the Development and Technical Services Committee meeting of April 2, 2007; and further, That the site plan to be approved for 950 Highland Road West be based on and in general accordance with the concept plans and drawing appended to Development and Technical Services Department report DTS-07-042. 5. That Draft Plan of Subdivision 30T-05201 be amended by adding the following to the Regional Conditions: 16. Prior to final approval, that the Region be consulted by the SUBDIVIDER for lot grading and drainage plans and stormwater management plans to ensure that water quality and quantity is maintained and that there are no impacts to the Regional Road system. 17. That prior to final approval of Stage 1, the SUBDIVIDER shall obtain a Regional Road Access Permit for access to Bleams Road; and further, That Draft Plan of Subdivision 30T-05201, as amended, Laurentian West Community Plan Amendments, Demolition Control Application DC 06/11/B/BS and Zone Change Application ZC 05/01/B/BS (2044-2066 Bleams Road) be approved, as contained in Appendix "A" to Development and Technical Services Department report DTS-07-004. (Dealt with under Delegations and Carried, As Amended) COUNCIL MINUTES APRIL 16, 2007 - $7 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. That Draft Plan of Subdivision 30T-05205 be amended by adding the following to the Regional Conditions: 12. Prior to final approval, that the Region be consulted by the SUBDIVIDER for lot grading and drainage plans and stormwater management plans to ensure that water quality and quantity is maintained and that there are no impacts to the Regional Road system; and further, That Draft Plan of Subdivision 30T-05205, as amended, Laurentian West Community Plan Amendment, Demolition Control Application DC 06/12/B/BS and Zone Change Application ZC 05/19/B/BS (1904 Bleams Road) be approved, as contained in Appendix "A" to Development and Technical Services Department report DTS-07-005. (Dealt with under Delegations and Carried, As Amended) 7. That the Direct Detect Business Plan, dated April 2, 2007, be received for information purposes only. COMMUNITY SERVICES COMMITTEE - 1. That aone-time general provision grant of $5,000. be approved to Junior Achievement of Waterloo Region, to assist with expenses related to the 'Economics of Staying in School (ESS) Program'. 2. That aone-time general provision grant of $4,340. be approved to Flush Ink Productions to assist with costs associated with hosting "Asphalt Jungle Shorts II" in Downtown Kitchener from May 16 to 23, 2007; and further, That Flush Ink Productions pursue a partnership with anot-for-profit organization. 3. That staff be directed to complete the business case fora 9 hole expansion and golf skills facility at Doon Valley Golf Course based on the 10 "guiding principles", as outlined in Community Services Department report CSD-07-032; and further, That a final report and the business case be presented to the Community Services Committee for consideration within 60 days of the April 2, 2007 Community Services Committee meeting. 4. That the Mayor and Clerk be authorized to execute a Lease agreement, satisfactory to the City Solicitor, with the current property owner at 75 Ardelt Place, Kitchener, for the use of the lands to provide a snow dumping facility for the exclusive use of City staff and their contractors. 5. That aone-time community garden grant in the amount of $1,000. ($500. cash and $500. in- kind services for transportation of topsoil and sod stripping) be approved to the Paulander Community Group for costs related to the start-up of the Paulander Community Garden. 6. That the recommendation of the Arts & Culture Advisory Committee and the Public Art Working Group to name Paul Roorda as the twelfth City of Kitchener Artist-in-Residence for 2007, be endorsed; and further, That subject to 2007 budget deliberations, the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Paul Roorda regarding the License For Artist's Studio, Kitchener City Hall, and use of the City Hall facilities for 2007, as outlined in Community Services Department report CSD-07-037. 7. That notwithstanding Council Policy I-65 (Arts and Culture Advisory Committee -Terms of Reference), Councillor J. Gazzola be appointed as a second Council representative to the Arts and Culture Advisory Committee for a term ending November 30, 2008. COUNCIL MINUTES APRIL 16, 2007 - $$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute the Animal and Dog Control and Pound Services Agreement with the Corporation of the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society; for the term of January 1, 2007 to December 31, 2010; and further, That the Mayor and Clerk be authorized to execute the agreement for the Spaying and Neutering Program with the City of Waterloo and the Kitchener-Waterloo and North Waterloo Humane Society, for the term of January 1, 2007 to December 31, 2010. 2. That Corporate Archives Policy (I-205), dated January 21, 2000 be replaced with the Corporate Archives Policy, dated February 7, 2007, attached to Corporate Services Department report CRPS-07-029. 3. That the request of the Forest Heights Community Centre to operate a barbecue at 1700 Queen's Boulevard, on June 16, 2007 be approved, provided the necessary licence, including Health and Fire approvals, is obtained. 4. That the request of Doon Heritage Crossroads to invite two food vendors and approximately 5 merchandise vendors to operate at the Emergency Services Muster Games and Parade on May 26, 2007, at 10 Huron Road, be approved, providing the necessary licence, including Health and Fire approvals, are obtained; and further; That the reduced fee of $38.10 be applicable. 5. That the City of Kitchener has no objection to NUMUS Concerts Inc. holding a fundraising auction at 200 King Street West on May 4, 2007, provided the necessary licences are obtained. 6. That Human Resource Policy II-250, (Retirement) be amended to reflect the end of mandatory retirement by eliminating "compulsory" retirement; and, That employees who work beyond age 65 continue to accrue service or vacation purposes, and sick leave, in the same manner as employees under the age of 65, and further, That Human Resource Policy II-145, (Group Insurance and Pension Plans) be amended to reflect continued premium based insurance benefits except Long-term Disability, for employees who work beyond age 65. (Dealt with under Delegations and Carried, as Amended) 7. That the project to replace all the heat pumps at the Auditorium in 2007 be cancelled and the funds that were re-directed towards this project, as outlined in Corporate Services Department report CRPS-07-014, be returned to their previous accounts. AUDIT COMMITTEE - 1. That the 2007 work plan for Performance Measurement and Internal Audits, be approved as follows: Performance Measurement ^ 2006 Consolidated reporting for 7 divisions plus MPMP statistics ^ 1st Half of year -Roll-out to 5 new divisions including: ^ Fleet ^ Purchasing ^ Parking ^ Fire -Communications ^ Community Centres COUNCIL MINUTES APRIL 16, 2007 - $9 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL AUDIT COMMITTEE - (CONT'D) 1. (Cont'd) ^ 2nd Half of year -Roll-out to 4 new divisions including: ^ Communications/Marketing ^ Economic Development ^ Fire -Mechanical ^ Legal (resume implementation) ^ Development of metrics for Compass Kitchener and Plan for a Healthy Community Internal Audit ^ Development of enterprise risk assessment framework ^ Organizational review of FM ^ Process review of Inventory ^ Oversight on Gaukel St review ^ Oversight on Development Process review HERITAGE KITCHENER COMMITTEE - (meeting of September 12, 2006) 1. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property known as the Eby Estate Farmhouse (currently municipally addressed as 2062 Bleams Road) as being of cultural heritage value or interest, with the following heritage attributes: Architecturally, this property contains atwo-and-a-half storey farmhouse completed circa 1856. The farmhouse is a fine example of the Waterloo County Georgian style, constructed of stone with many representative features intact; and, Historically, the farmhouse is associated with the rural heritage of Berlin / Kitchener. Originally constructed by Jacob Donnenwerth, who immigrated to Canada from France in 1827, this farmhouse passed through four different families until 1925, when it was purchased by Mr. and Mrs. Isaiah Eby. As Mrs. Isaiah Eby was the great granddaughter of Jacob Donnenwerth, the farmhouse has been associated with the Donnenwerth family for over 150 years; and further, That the designation makes reference to the following specific features of the Eby Estate Farmhouse, being: Southeast tFront) Elevation Includes: • Roof, roofline, wood fascia and molded cornice. • Stone walls from grade to roof. • Off centered entrance door opening. • All window openings including openings on the main floor to accommodate transoms. Excludes: • All elements of the verandah; stucco on main floor; windows; sills; and doors. COUNCIL MINUTES APRIL 16, 2007 - 90 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER COMMITTEE - (meeting of September 12, 2006) (Cont'd) 1. (Cont'd) West tSide) Elevation Includes: • Gable roof, return eaves, wood fascia and molded cornice. • Stone walls from grade to roof. • All window openings including the two square window openings in the attic gable. Excludes: • Windows; sills; chimney; and enclosed (verandah) addition. Northwest tRear) Elevation Includes: • Roof, roofline, wood fascia and molded cornice. • That part of the stone wall from grade to roof shown as Area `A' on Schedule `A' of the Carson Woods Architects Ltd. `Eby Farmhouse North Elevation' drawings circulated at the September 12, 2006 Heritage Kitchener meeting. • Off centered entrance door opening. • All window openings. Excludes: • All elements of the verandah including enclosed addition; stucco on main floor; windows; sills; and doors. East tSide) Elevation Includes: • Gable roof, return eaves, wood fascia and molded cornice. • Stone walls from grade to roof. • All window openings including the two square window openings in the attic gable. Excludes: • Windows; sills. HERITAGE KITCHENER COMMITTEE - (meeting of April 3, 2007) 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-001 (242 Queen Street South) be approved, to permit the construction of a new building on the subject property, in accordance with revised plans A0.1 dated March 12, 2007, as attached to Development and Technical Services Department report DTS-07-051; and further, That if feasible, consideration be given to the inclusion of a false chimney as part of the new building's design. COUNCIL MINUTES APRIL 16, 2007 - 91 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Dog Designation Appeal Committee It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Ms. Korin Clarke, wherein the Committee hereby rescinds the designation of Prohibited Dog, applied to "Marley", a dog owned by Ms. Korin Clarke, be ratified and confirmed." 2. Various Tenders Dealt with under Delegations. 3. Requests for Permission to Operate Downtown Sidewalk Patios for 2007 Season Council considered Corporate Services Department report CRPS-07-051 (L. MacDonald), dated April 2, 2007. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2007; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Matter of Taste, located at 119 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2007; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of The New York Pita Co., located at 82 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2007; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Dandy's Restaurant, located at 85 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2007; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Walper Hotel, located at 1 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2007; and further, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Turkish Kitchen, located at 98 King Street West, for the operation of a sidewalk patio for a period not to COUNCIL MINUTES APRIL 16, 2007 - 92 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Requests for Permission to Operate Downtown Sidewalk Patios for 2007 Season tCont'd) commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2007." 4. Application for Cancellation. Refund. Reduction or Levv of Taxes Council considered Financial Services Department report FIN-07-055 (P. Houston), dated April 10, 2007. At the request of Councillor J. Gazzola, Ms. P. Houston, General Manager of Financial Services and City Treasurer, agreed to provide information concerning the details of Item 11 (901 Ottawa Street South) of the Applications for Cancellation, Refund, Reduction or Levy of Taxes. It was resolved: "That the applications to City Council for cancellation, reduction, refund or levy of taxes, totaling $392,780.48, as attached to Financial Services Department report FIN-07-055, be approved, pursuant to Section 357 of the Municipal Act." 5. Vallevview Heights tSt. Jacobs Limited) -Repeal of By-law 2007-27 Council considered Development and Technical Services Department report DTS-07- 047 (J. Willmer), dated March 23, 2007. It was resolved: "That By-law Number 2007-27 be repealed and that the "Proposed By-law", dated March 23, 2007, attached to Development and Technical Services Committee report DTS-07-047, be approved." 6. Committee of Adiustment Decision Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held March 20, 2007. It was resolved: "That the application of Alkier Motorsport Ltd. (SG 2007-003 - 1450 Victoria Street North) requesting permission to erect a pylon sign having a height of 7.98m (26.18') rather than the permitted 7.5m (24.6'), to have no clearance between the bottom of the sign and grade rather than the required 2.44m (8'), on Part Lot 123, German Company Tract, 1450 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the sign shall be located outside of the 4.57m (15') driveway visibility triangles and outside the area of the 1.52m (5') future Regional Road Widening. 2. That if the sign is to be located in an existing off-street parking space, the owner shall first consult with City Planning staff as to compliance with zoning by-law requirements for off-street parking for this use. 3. That prior to issuance of a sign permit for this sign, the owner shall submit, and receive approval of a revised site plan and landscaping plan for this property." COUNCIL MINUTES APRIL 16, 2007 - 93 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Delegation of Authority -Director of Facilities Management Council considered Corporate Services Department report CRPS-07-043 (L. Proulx), dated March 21, 2007. It was resolved: "That Council delegate signing authority to the Director of Facilities Management, or his designate, to execute on behalf of the City, any planning and building permit applications for approved City projects, as well as any documentation accessory to those applications to acknowledge the City's commitment to comply with any terms and conditions imposed as part of said applications, provided same are satisfactory to the City Solicitor." $. Taa Dav Request -Air Cadets Scott Wilson Taa Dav for Cancer Council considered correspondence from Mr. T. O'Drowsky, Chairman, dated March 14, 2007, requesting permission to conduct Tag Days on April 21, 2007. It was resolved: "That the request of the Royal Canadian Air Cadets to conduct a Tag Day on Saturday, April 21, 2007, at various locations, as outlined in correspondence from T. O'Drowsky, dated March 14, 2007, be granted." 9. Additional Funding -Heins Avenue Road Reconstruction Council considered Development and Technical Services Department report DTS-07- 057 (L. Lynch), dated April 12, 2007. In response to questions regarding the need for additional funding for the Heins Avenue road reconstruction, Mr. L. Lynch, Manager, Engineering Infrastructure, advised that the information on the extent of the contamination in the roadway was not received in time for the tender. In addition, approximately one month ago the Ontario Ministry of the Environment and the Ministry of Natural Resources set out new regulations prohibiting salt contaminated materials from being disposed of in gravel pits for infilling as originally anticipated as a part of this tender; thereby increasing this project's overall costs. It was resolved: "That the transfer of $152,000. (an upset limit) from Index #852420 -Uncommitted Infrastructure to Index # 852212 -Heins Avenue Road Reconstruction to fund the anticipated project deficit, due to increased environmental remediation, be approved."