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HomeMy WebLinkAboutCouncil - 2007-04-30COUNCIL MINUTES APRIL 30, 2007 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 the John Darling Public School Primary Choir. On motion by Councillor J. Gazzola, the minutes of the regular meeting held April 16, 2007 and special meeting held April 16, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated April 3, 2007, from the Office of the Prime Minister, acknowledging receipt of Council's resolution regarding private sector investment in the rehabilitation of historic sites. Awards of Merit were received by the following individuals in recognition of serving on special Committees and Boards under the jurisdiction of City Council Mayor C. Zehr and individual members of Council presented the awards to the recipients in attendance this date. An award of merit is given for service in excess of 5 years. Awards of Merit Paul Britton Henrik Noesgaard Martin DeGroot David Schnarr Ronald Green Dennis Schnarr David Heintz Dianne Summon Doug Hoch Nelson Stead Zyg Janecki Mayor C. Zehr then presented an Ontario Heritage Trust Certificate and Achievement Pin to Mallory Bresolin in recognition of her contributions to local heritage preservation as a 2006 Young Heritage Leader. Ms. Eileen Woodworth, Victoria Hills Neighbourhood Association (VHNA), presented a cheque in the amount of $2000., raised by the Association as a donation toward the costs associated with the VHNA expansion project. Councillor C. Weylie accepted the donation on behalf of the City. Messrs. John Dobson and Paul Walman, Kitchener Grand River Rotary Club, presented highlights of an annual fundraising event entitled "Downtown Mud Puppy Run" (3 km family run and 5 / 10 km races) to take place along King Street on Sunday, May 6, 2007. Messrs. Gary Kieswetter and Bill Sollows, Waterloo Grand River Kinsmen, introduced a new Community Festival entitled "Waterloo Regional Comedy Festival" to be staged at the University of Waterloo Humanities Theatre on Friday, July 6 and Saturday, July 7, 2007. The goal of the festival is to provide a special cultural experience by showcasing talents of young comics, as well as established Canadian stars and to raise funds in support of local charities. At the request of the delegation, it was agreed that Mayor C. Zehr would provide a letter of support on behalf of the City that could be used in promoting this new event. Council considered this date Chief Administrator's Office report CAO-07-020 (S. Adams), dated April 19, 2007 concerning the City's Plan for a Healthy Kitchener, 2007 - 2027 (P4HK). Mr. Don Bourgeois, Chair, Compass Kitchener, presented an update and implementation strategy relative to the P4HK, as well as details of Compass Kitchener's Work Plan for 2007. It was noted that the priority activities detailed in Council's Shared Agenda are clearly reflective of the community's goals and objectives. Current initiatives were highlighted, including: CulturePlanll; Community Investment Strategy; Corporate Diversity Strategy; Urban Design and Neighbourhood Design Guidelines; Transportation Demand Management Strategy; and the new City of Kitchener Local Environment Action Fund (LEAF); as well as community engagement efforts concerning growth management and financial strategy. Compass Kitchener's Work Plan identifies priorities which include: annual and term-by-term progress reports; community engagement policy and strategy; Advisory Committee review; and partnering to create a culture of safety, as well as, community access, equity and inclusion strategies. Communication was considered a fundamental tool for developing a healthy city, and accordingly, Compass Kitchener collaborates with City staff, Advisory Committees and undertakes to present the P4HK to external groups as opportunity arises. Mr. COUNCIL MINUTES APRIL 30, 2007 - 101 - CITY OF KITCHENER Bourgeois concluded that the group's first annual report is anticipated to come forward for Council's review in February 2008. Council considered this date Chief Administrator's Office report CAO-07-018 (C. Ladd), dated April 25, 2007 in which an update is provided in regard to activities of the Joint Services Initiatives Committee. It was noted that this program is designed to identify, co-ordinate and manage opportunities where a co-operative approach to services between the Cities of Kitchener and Waterloo would be beneficial. Ms. C. Ladd advised that in 2006 new Terms of Reference were approved, expanding the scope of the program to include strategic initiatives and formally recognize opportunity for both cities to share information and learn from each other's best practices. Guiding principles and criteria were established with a number of projects added to the program, bringing the total to 18 from 5. New this year is use of a standard wordmark to identify projects operating as a joint service initiative and an informational brochure, circulated this date, which is available to citizens at all City-owned facilities, as well as posted on both City's websites. Ms. Ladd highlighted several initiatives, including: establishment of aKitchener-Waterloo Woodworking and Craft Centre; border streets maintenance; election tabulation system; operational efficiencies for Cemetery services; on-line auction of City assets; winter control /snow disposal; stormwater management program; and sports tourism study. It was also noted that the Committee tracks progress of other projects which involve co-operation among municipalities and other agencies within the Region of Waterloo, including: an expert water panel; library services; WiFi installation; and a Regional tourism strategy. Ms. Ladd stated that the significant success of this program has served to elevate collaboration into a way of doing business, concluding that the Committee continues to look for other opportunities to add to the program and improve on the level of co-operation between both Cities. Councillor J. Gazzola questioned why funding was already approved for the automated staff notification system prior to a business case being presented. He was advised that funding approval was contingent on a business case being completed and no monies would be spent prior to Council's review and approval of the business case. At the request of Councillor J. Gazzola, staff agreed to provide further information to Council concerning joint use of the portable snow melting machine and financial arrangements with the City of Waterloo. Councillor K. Galloway referred to the tabulation equipment leased for the 2006 municipal election, enquiring if identical systems were used in both cities. Mr. Gosse advised that the equipment was leased from the same company; however, the City of Waterloo used decentralized tabulation and Kitchener a centralized system. Mr. Gosse advised that Kitchener will be moving to decentralized tabulation in 2010. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor G. Lorentz questioned why Tender T07-032 (Fire Station No. 7, Huron Road West) was being brought forward this date as no site plan for the new station had been provided for review by Council. He referred to a Master Plan that is to be completed for the 40 acre parcel of land and raised concerns that no information has been provided to demonstrate how the building and road access for the new station will be placed in relationship to other potential uses on the site. He commented that new facilities are usually considered City-wide matters and plans for the new station should be reviewed collectively by Council prior to a decision being made on the tender. Mr. R. Browning advised that a Master Plan has not yet been completed for the overall site. He noted that the new station is to be located on a small portion of the land parcel adjacent to Huron Road and will have good access from Huron onto Fischer-Hallman Road. He advised that a site plan for the new station could be provided to Council. Fire Chief T. Beckett added that the building design is the same used in the construction of past Fire Halls, citing Fire Station No. 3 at Ottawa and River Road as an example. Councillor K. Galloway advised that as the new Ward Councillor, she had met with Mr. Browning to receive an update on the project and that she had seen the site plans. She stated that her concerns in respect to the location of the building had been alleviated as a result of this meeting and she was COUNCIL MINUTES APRIL 30, 2007 - 102 - CITY OF KITCHENER now satisfied with the proposed citing of the building. She agreed, however, that decisions regarding construction of the new facility should be made collectively by all members of Council. Councillor J. Gazzola agreed that more information was needed in context of the entire parcel of land prior to any construction on the site and suggested that the tender be deferred to allow review of what is planned for the whole of the site. Councillor B. Vrbanovic added that he would like information as to what, if any, environmental features and/or improvements to environmental features which have been included in the building design. Mayor C. Zehr requested clarification as to what was before Council in February 2006 that led to a decision at that time to construct the new station on the Huron /Fischer-Hallman Road site. Mr. L. Gordon agreed to provide further information in this regard, adding that there would be no legal implications in delaying the tender process; however, cautioned that it could result in additional funding requests by the contractor. Ms. C. Ladd agreed that a site plan should be presented to Council for review and gave assurances that staff would bring forward information to Council including thoughts on subsequent development of the site. Councillor J. Gazzola requested that the information include explanation of the funding proposed for grading and the water line extension. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That the staff recommendation contained in Financial Services Department report FIN-07-050 (L. Gordon) pertaining to the awarding of Tender T07-032 for construction of Fire Station No. 7 at Huron Road West, be deferred to the May 14, 2007 Council meeting pending additional information from staff to address concerns raised this date." Carried. Councillor J. Gazzola referred to the remaining three tenders, noting overages in budget estimates and suggesting that more is being budgeted than what is needed, which contributes to higher than necessary levying. Mayor C. Zehr noted that budget surpluses are returned to the general capital account for use in other projects. In reference to the Chandler Mowat Community Centre - Waterspray Playground, Mr. M. Hildebrand, Director of Community Programs and Services, pointed out that staff reduced construction costs to allow inclusion of a re-circulation system within the existing budget, as directed by Council to address environmental concerns. Councillor B. Vrbanovic added that in the past Council has raised concerns with over-expenditures with capital projects and suggested that staff are now more prudent in budgeting which has in some cases, produced a positive result by coming in under-budget. He pointed out that there is no shortage of capital infrastructure projects and in such instances of budget overages, the funding surplus becomes available for other infrastructure projects. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Tender T07-003, Road Reconstruction -Luella Street (Lancaster Street to Chestnut Street) and Mansion Street (Lancaster Street to Ellen Street), be awarded to J. Weber Contracting Limited, Breslau, Ontario at their tendered price of $832,832., including provisional items and contingencies of $184,675. 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 T07-043, Pool Chemicals (Co-Operative), be awarded to Acapulco Pools Limited, Kitchener, Ontario at their tendered price of $87,143.07 including G.S.T. & P.S.T., for one year, with the option to renew for a further two (2) one-year terms." -and- COUNCIL MINUTES APRIL 30, 2007 - 103 - CITY OF KITCHENER "That Tender T07-046, Huron Natural Area -Board of Education Pond Trails and Boardwalks, be awarded to 560789 Ontario Limited, ola R & M Construction, Halton Hills (Acton), Ontario at their adjusted tendered price of $328,682.68, including a contingency of $50,000. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Proposal P07-016, Waterspray Playground -Chandler Mowat Community Centre, be awarded to Irwin Foster Inc., Petersburg, Ontario at their proposed price of $181,604.50, including G.S.T." Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Carried. Councillor J. Gazzola spoke in opposition to Clause 3 of the report concerning a community investment strategy for annual operating and minor sports grants. He stated that he preferred a different option as it was his opinion that what is proposed only serves to leave modifications to the current process in abeyance for another year. Mayor C. Zehr commented that this approach would facilitate discussions with the City of Waterloo to develop a common approach to grant funding for those recipients receiving funding from both municipalities. Councillor B. Vrbanovic added that he preferred to see time taken to review the whole of the grant process, which may result in policy changes that he hoped would be well thought out and innovative in their approach. The Community Services Committee report was then voted on clause by clause. Clause 1 -Carried. Clause 2 -Carried Unanimously. Clause 3 -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted. Councillor J. Gazzola spoke in opposition to Clause 5 of the report concerning an increase in natural gas rates, advising that he remained unconvinced that budget estimates were the same as what is proposed in regard to the rate increases and had hoped that a smaller increase would be supported in view of other tax rate increases being imposed on ratepayers. Mayor C. Zehr commented that the City is attempting to mitigate rate increases by changing rates once per year in the spring /summer season so as to maintain lower rates during the heating season. In doing so, the ratepayers have saved significantly wherein private sector companies have been found in a position of over-charging their customers and are having to now make adjustments. He pointed out that the ratepayers in this instance refer to customers of the Utility as opposed to the taxpaying population and that Kitchener Utilities' rates still remain among the lowest in the Province. COUNCIL MINUTES APRIL 30, 2007 - 104 - CITY OF KITCHENER Mayor C. Zehr and Councillor B. Vrbanovic spoke in support of Clause 6 of the report concerning establishment of a Waterloo Region Tourism Marketing Corporation, commenting on the positive outcome of collaboration among the CAO's of the Region in moving this initiative forward. Councillor J. Gazzola stated that he was hopeful that in future all tourism initiatives would be under the umbrella of the new organization, including the Visitor Information Centres and that this would become a fully funded Regional initiative. He added that while he had opposed Clause 6 at the Committee level, he would now support the proposal based on additional information he had received pertaining to the business case. The Finance and Corporate Services Committee report was then voted on clause by clause. Clause 5 -Carried. Clause 6 -Carried Unanimously. Balance of Report -Carried. Councillor J. Gazzola requested an update on an inquiry he had made relative to pursuing an alternative option, (Site 5 -Huron Road), put forward by area residents in regard to construction of the pedestrian bridge over the Grand River for the Walter Bean Grand River Community Trail. Ms. A. Pappert advised that the Environmental Assessment (EA) for this project was completed in the Fall 2006 and in order to consider an alternate location the EA would have to be re-opened which requires a resolution of Council. Mayor C. Zehr expressed the opinion that to do so would be a backward step, adding that the project is moving ahead but is in the position of having to deal with issues of access related to direction by Order of the Supreme Court of Ontario to dialogue with representatives of the First Nations. Councillor J. Gazzola stated that when this matter was dealt with in 2005, Council had been urged to make a decision because of concerns raised regarding potential loss of income tax provisions for donations received, yet two years have passed with no construction taking place. He asked what would be involved in pursuing the alternative Site 5. Mayor C. Zehr expressed the opinion that the reason as stated was not the over-riding issue negating investigation of Site 5 but rather was related to concerns of locational criteria as set out in the EA. It was also his understanding pursuit of another alternative would require the EA to be re-opened but suggested, and it was agreed, that staff report at a future meeting on the process involved in considering Site 5 at this point in time. At the request of Councillor J. Gazzola, it was agreed that staff provide an update report on night-time usage of the public washrooms in the Civic Square. Mr. R. Gosse, City Clerk, responded to a question of Councillor Gazzola, advising that a report on the process and timeline for a review of the Ward system and size of Council would come forward at the May 28, 2007 Finance and Corporate Services Committee meeting. Councillor J. Gazzola commented on a previous inquiry he had made for information on the status of amalgamated cities. In this regard, he circulated an article from the Toronto Star for information of Council, which indicates the City of Toronto is on the verge of bankruptcy. Councillor B. Vrbanovic stated that he is still a firm believer in the potential for a local solution to the issue of amalgamation, expressing the opinion that being Provincially-mandated may have contributed to Toronto's difficulties. Councillor B. Vrbanovic requested that the Region of Waterloo be asked to consider a recycling method for fluorescent light bulbs given the impending ban on traditional bulbs. Councillor G. Lorentz noted that Kitchener-Wilmot Hydro already recycles fluorescent bulbs on a small scale and should be asked to expand their operation as it was his opinion they are in a better position to deal with related issues of disposal. It was agreed that staff would consult with both the Region and Kitchener-Wilmot Hydro and report back to Council as to their findings. Councillor B. Vrbanovic also referred to the pedestrian bridge over the Grand River, commenting that concerns have been raised as to the aesthetics of the bridge and calls have been made for the COUNCIL MINUTES APRIL 30, 2007 - 105 - CITY OF KITCHENER Region to expend additional dollars to improve its appearance. Councillor Vrbanovic expressed the opinion that the Region's proposal is reasonable for a secondary access and suggested that monies would be better spent on enhancing the aesthetics of the Highway 8 bridge over the Grand River as this is a main entrance into the Cities of Kitchener, Waterloo and area Townships. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the Regional Municipality of Waterloo be requested to dialogue with the Ministry of Transportation as to the potential to enhance the aesthetic appearance of the Highway 8 bridge over the Grand River with more decorative styling to add prominence as an entrance feature into the area municipalities and to consider including additional funding for this purpose in the Region's out-of-capital budget in future years." Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date being a by-law to adopt Municipal Plan Amendment No. 68 respecting Clause 2 e) of the Development and Technical Services Committee report; and a by-law to amend Chapter 270 (Parks) of the Municipal Code respecting Clause 2 of the Community Services Committee report. In addition, Mr. Gosse advised that the by-law listed as Items 10 g) and 13 g) respecting amendments to By-law 2007-008 (Interim Tax By-law), is being withdrawn at this time. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "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 exempt certain lots from Part Lot Control -Lots 69 and 70, Registered Plan 308 -Jansen Avenue and Huber Street. (f) Being a by-law to exempt certain lots from Part Lot Control -Part Lots 26 and 27, Registered Plan 58M-327 -Joshua Street. (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (h) To confirm all actions and proceedings of the Council. (i) Being a by-law to adopt Amendment No. 68 to the Municipal Plan -Community Plans (j) Being a by-law to amend Chapter 270 of the Municipal Code with respect to Parks and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. COUNCIL MINUTES APRIL 30, 2007 - 106 - CITY OF KITCHENER On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "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 J. Smola Seconded by Councillor C. Weylie "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. 2007-77) (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. 2007-78) (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. 2007-79) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2007-80) (e) Being a by-law to exempt certain lots from Part Lot Control -Lots 69 and 70, Registered Plan 308 -Jansen Avenue and Huber Street. tBy-law No. 2007-81) (f) Being a by-law to exempt certain lots from Part Lot Control -Part Lots 26 and 27, Registered Plan 58M-327 -Joshua Street. tBy-law No. 2007-82) (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. 2007-83) (h) To confirm all actions and proceedings of the Council. tBy-law No. 2007-84) (i) Being a by-law to adopt Amendment No. 68 to the Municipal Plan -Community Plans tBy-law No. 2007-85) (j) Being a by-law to amend Chapter 270 of the Municipal Code with respect to Parks tBy-law No. 2007-86) COUNCIL MINUTES APRIL 30, 2007 - 107 - CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned at 9:15 p.m. Carried. MAYOR CLERK COUNCIL MINUTES APRIL 30, 2007 - 10$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the consultant selection process for the 2007 Duke and Ontario Garage Structural Monitoring Program be waived, and awarded to Read Jones Christoffersen Ltd. 2. A. That the City of Kitchener Urban Design Manual be amended as follows: 1. to adopt in principle, adding a new Community Design Section 3.0 to the Urban Design Manual with the urban design guidelines attached in "Appendix I" to Development & Technical Services Department report DTS-07-065; and, 2. to adopt in principle, revisions to the existing Neighbourhood Design section and adding new design guidelines (new Section 4.0) to provide specific design direction for Central Neighbourhoods and Suburban Neighbourhoods as attached in "Appendix I" to Development & Technical Services Department report DTS-07- 065; and, 3. to fully adopt Recommendations Al and A2 through a City-initiated update to the Urban Design Manual, including a consultation process with relevant stakeholders; and, 4. to approve the "Design Brief for Suburban Development and Neighbourhood Mixed Use Centres", as attached as "Appendix I" to Development & Technical Services Department report DTS-07-065, and incorporate into Part B in the Urban Design Manual; and, 5. to renumber the `Site Design' section as Section 5.0; and further, 6. to renumber the `Design and Massing of Buildings' section as Section 6.0. B. That a new category regarding `Neighbourhood Design' be formally added to the City's Urban Design Awards program, which may recognize outstanding new Community Plans, Neighbourhood Concept or Master Plans and plans of subdivision or vacant land condominium. C. That staff proceed with any necessary changes to the City's Standard Subdivision Agreement as it relates to the Urban Design Manual changes, in consultation with the Kitchener Homebuilder's Liaison Committee, to implement new standard conditions and/or improvements to the subdivision process. D. That the City of Kitchener continue to support the development of complete, compact, transit-oriented and pedestrian-friendly communities and continue with the education and awareness initiatives of our Community and Neighbourhood Design guidelines in Kitchener (such as staff seminars, industry workshop, conferences, media engagement, public engagement and distribution of information, such as design brochures). E. That Municipal Plan Amendment Application MP 07/02/TC/BS for the purpose of adding a new community design policy to `Part 4 -Community Plans', be approved in the form shown in the Municipal Plan Amendment attached to Development & Technical Services Department report DTS-07-065. F. That staff continue to explore the right-of-way width and design standards for collector streets and, following additional consultation, provide any additional recommendations to Development & Technical Services Committee. G. That new Council Policies be adopted regarding "On-street Parking" and "Decorative Streetscape Elements" as attached as "Appendices E and F" respectively to Development & Technical Services Department report DTS-07-065. H. That Community Services staff, with the Planning Division, proceed with preparing the new Parkland and Open Space Master Plan, which should include but not be limited to: COUNCIL MINUTES APRIL 30, 2007 - 109 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) - 2 (Cont'd) • Identification of appropriate parkland needs and provision ratios (e.g. # ha/popn, #ha/planning area) for existing and planned areas of the City. • Identification of specific future parkland needs -location, types, sizes, facilities. • Methods of acquiring parkland (including acquisition of suitably sized parks, open spaces, etc that may be beyond the park dedication requirement). • A recommended strategic approach to implementation. • Consideration of any new approaches to park classification, design and construction methods (e.g. "developer-build"). • Identification and mechanisms to ensure appropriate timing of park construction. • Outline and provide strategic options for approaches to parks/open space maintenance issues. • Recommendations of new trail connections. • Any necessary revisions to improve future parks planning through the City's Staging of Development Report, creation of a future parks database or other implementation tools. • Any necessary updates to the Urban Design Manual (Design Brief for Suburban Development, etc). • Consideration of a program involving the display of Public Art, Industrial Artifacts and other park or streetscape items for neighbourhoods in Kitchener. L That Community Services staff work with the Public Art Working Group and the Arts and Culture Advisory Committee to revise the Public Art Policy and Public Art Master Plan to strengthen the support of public art initiatives in suburban neighbourhoods. J. That Community Services staff, with Development & Technical Services Department staff, update the Bikeway Study (including Community Trails), either as a stand-alone document or as part of a Transportation Master Plan. K. That Community Services staff complete a Street Tree Inventory and Master Plan and incorporate any related and necessary updates to the Urban Design and Subdivision Manuals. L. That Engineering staff be directed to prepare and provide any necessary updates to the Kitchener Subdivision Manual to provide new standards in support of the new Design Guidelines. M. That City staff work with Kitchener-Wilmot Hydro and other utility corporations to develop improved approaches to streetscape design (e.g. determine options or preferred treatments when potential conflicts between street trees and utility locations are identified). N. That Transportation Planning staff, including Operations staff, lead a review and prepare any necessary documentation regarding the City of Kitchener's approach to the requirements for and utilization of alternate intersection design for City streets (e.g. roundabouts), including but not limited to the analysis of items such as: • When should alternate intersection designs be considered. • What are the types of alternative designs and identify any preferred type. • Development of any necessary Council Policy or subdivision best practices. • Provide any design standards or options through the Urban Design Manual and/or the Subdivision Manual. • Identification of any cost implications and potential options, such as whether this item should be considered as part of the City's Development Charges. • Any necessary updates to the Urban Design Manual (Design Brief for Suburban Development, etc). COUNCIL MINUTES APRIL 30, 2007 - 110 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) - 2 (Cont'd) • An understanding and recommended approach to Operations/maintenance implications. O. That staff continue to develop and institute new techniques to identify, quantify and appropriately plan for the financing of future maintenance requirements and resources necessary to support the infrastructure required for the smart growth of the City and that adequate funds be considered in the Operating Budget for the maintenance of neighbourhood items in the public realm in Kitchener (e.g. parks, sidewalks, streetscape features). P. That the Regional Municipality of Waterloo be requested to work with City staff on developing streetscape Objectives for the design and access to Regional roads, in particular for specific Regional roads that are either new, that may have substantial reurbanization potential along the road or are gateway entrances to the City of Kitchener, such as future River Road extension, Fairway Road Extension, Ira Needles Boulevard, Fischer-Hallman Road, Victoria Street. 3. That Demolition Control Application DC 06/01/F/AP requesting permission to demolish one single detached dwelling located at 37 Fairview Avenue, owned by Zdzislaw Mosiadz, legally described as Lot 28, Plan 77 be approved, subject to the following condition: 1) That the owner obtain a building permit for the proposed duplex. Upon satisfaction of Condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of the duplex is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 4. That a series of three speed humps be installed strategically along Homewood Avenue. 5. That Council Policy I-1120 (Road Allowance Widths and Sidewalk Locations in New Subdivisions) be amended to reflect the following: A. "That in existing Industrial (M-1, M-2, M-3, M-4) and Business Park (B-1, B-2, B-3, B-4) areas sidewalks shall be installed on both sides of Secondary Arterial Roads (26 metre right-of-way, eg. Bingeman Park Drive and Strasburg Road) and on that side of Major Collector Roads (20 metre right-of-way, eg. Trillium Drive and Shirley Avenue) where there is a bus route and that the City's future Capital Budget for Sidewalk Construction be increased to reflect the same." B "That all new Industrial (M-1, M-2, M-3, M-4) and Business Park (B-1, B-2, B-3, B-4) Plans of Subdivision that are draft approved following the date of approval of this Policy by Council, April 30, 2007, be developed with sidewalks on both sides of Secondary Arterial Roads (26 metre right-of-way) and that side of Major Collector Roads (20 metre right-of-way) where bus routes are planned and that the funding for such be referred to the Development Charge Team for inclusion in the future Development Charge Report." C. "That Engineering Services work with the Regional Municipality of Waterloo to prioritize the Regional sidewalk construction program on Regional Arterial Roads that abut Industrial (M-1, M-2, M-3, M-4) and Business Park (B-1, B-2, B-3, B-4) areas." COUNCIL MINUTES APRIL 30, 2007 - 111 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That the Stars Orienteering Club be approved as an affiliated minor sport group under the City of Kitchener Minor Sport Affiliation policy; and further, That the Stars Orienteering Club be approved as an insured group under the City of Kitchener Minor Sports Third Party Liability Insurance program. 2. That a by-law be enacted to amend Chapter 270 (Parks) of the City of Kitchener Municipal Code, as outlined in Corporate Services Department report CRPS-07-050; and further, That staff be directed to apply to the Ministry of the Attorney General for the approval of short form wording and set fines for the violations resulting from the amendments to Chapter 270 (Parks), as outlined in report CRPS-07-050. 3. That Community Investment Strategy Transition Option 2, as outlined in Community Services Department report CSD-07-044, be approved in principle, as follows: A. For the calendar year of 2008 and for one year only, guarantee and pre-commit grant funds for the successful 2007 Annual Operating and Minor Sports recipients for their 2008 operating year. The allocation of these funds would equal the recipients awarded 2007 grant plus an increase of 2% for 2008; and, B. Pause the Annual Operating and Minor Sports Groups grant application process for 2008 and respond to new grant requests through the existing General Provisional grant process. Direct all organizations who may request to move from General Provision into the 2008 Annual Grant Program to stay in the General Provision stream for one more year; and, C. Establish criteria to respond to "emergency" requests; the definition and criteria for the `emergency' to be approved by Council, in advance; and pause the current appeal process; and, D. Require all successful 2007 Annual Operating and Minor Sports Groups to submit a detailed cover letter with financial statements and audits, the letter to be within the format of the Corporation, advising of any `significant' change they anticipate in 2008; the definition and criteria for `significant' to be approved by Council, in advance; and, E. Organizations with Council pre-approved special or unique multi year agreements that occur in the 2008 calendar year will be treated outside of this motion; and further, That staff be directed to report back within six weeks with detailed implementation requirements for Option 2, including information pertaining to policies, pre-commitments and definitions. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That approval be granted to sports organizations that are holding tournaments, during the months May through November, 2007 and have received Field Rental Permits/Contracts from Community Services at the sports fields listed on Schedule `A' attached to Corporate Services Department Report CRPS-07-053; to run a concession which may include the sale of hamburgers, hot dogs, pop, water, packaged foods, etc. as well as souvenirs, provided the necessary licence, including Health and Fire approval, is obtained. 2. That the request for the sale of food and/or merchandise on City property during various events being conducted from June to December 2007, listed on Schedule `A' of Corporate Services Department report CRPS-07-054 be approved, provided the necessary licences are obtained, including Health and Fire approval; and, COUNCIL MINUTES APRIL 30, 2007 - 112 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (CONT'D) - 2 (Cont'd) That the request for an exemption from Chapter 450 (Noise) of the Municipal Code for the events listed on Schedule `B' of report CRPS-07-054 be granted; and further, That the request for permission to sell alcohol on City property for the events listed on Schedule `C' of report CRPS-07-054 be granted and be declared "Community Festivals" for the purpose of applying for a liquor licence. 3. That in accordance with Council's approval of additional funding for remedial environmental clean-up at 44 Gaukel Street, and for the completion of the Joseph Street, Gaukel Street, Richmond Street and Victoria Park Entrance Feature, all Purchase Orders for engineering consultants MTE Consultants Inc., and sub-consultants engaged in these projects be extended accordingly. 4. That the City consents to a sublet arrangement for the provision of a food service component at the Waterloo Regional Children's Museum premises, leased at 10-22 King Street West, should a separate operator be secured through an RFP process, to be located in the former toy store space located near the main entrance, under the terms and conditions set out in Corporate Services Department report CRPS-07-055. 5. That the supply component of the natural gas rates be increased to 31.3 cents per cubic meter from 29.9 cents per cubic meter for system gas customers of the City of Kitchener effective May 1, 2007; and, That the transportation component of the natural gas rates be increased to 3.887 cents per cubic meter from 3.5213 cents per cubic meter for system gas customers of the City of Kitchener effective May 1, 2007 to reflect the interim rates charged by TransCanada Pipelines as previously approved by the National Energy Board; and further, That the delivery components of the natural gas rates be changed as proposed in Appendix A to Financial Services Department report FIN-07-056, for all Kitchener delivery customers effective May 1, 2007. 6. That the Council of the City of Kitchener endorse the establishment of The Waterloo Region Tourism Marketing Corporation as set out in a report from the Municipal Chief Administrative Officers in Waterloo Region entitled "A Destination Marketing Organization for Waterloo Region, April 2007", as attached to Chief Administrator's Office report CAO-07-019. COUNCIL MINUTES APRIL 30, 2007 - 113 - 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. Request to Operate Hot Dog Carts - 273 Stoke Drive and 112 Wexford Crescent It was resolved: "That the request of Les Halat to operate two hot dog carts at 273 Stoke Drive and 112 Wexford Crescent during the annual Community Garage Sale on May 5, 2007, be approved, provided the necessary licence is obtained including Health and Fire approvals." 2. Various Tenders Dealt with under Delegations. 3. Committee of Adjustment Decisions Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held April 17, 2007. It was resolved: "That the application of Aaron & MaryAnn Pierson (FN 2007-001 - 3 Highview Drive) requesting legalization of a 2.1m (7') high wooden fence located 0.457m (1.5') from the lot line along Driftwood Drive rather than the required 4.57m (15'), on Lot 604, Registered Plan 1452, 3 Highview Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall remove or reduce the height of the fence to the permitted 0.91 metres (3') within the 4.57 metre (14.993') driveway visibility triangle located at the driveway of 398 Driftwood Drive." -and- "That the application of Max Becker Enterprises Limited (SG 2007-004 - 1187 Fischer Hallman Road, Bldg. 400) requesting permission to install an automatic changing copy sign on the east face of the Home Hardware Store, within 145.6 m (477.69') of a residential zone rather than the required 150m (492.12'), on Block 1, Registered Plan 58M-307, 1187 Fischer Hallman Road, Building 400, Kitchener, Ontario, BE APPROVED." -and- "That the application of Max Becker Enterprises Limited (SG 2007-005 - 1191 Fischer Hallman Road) requesting permission to install an automatic changing copy sign panel on an existing pylon sign, such that the pylon sign will be relocated to be 18.11 m (59.41') from the closest residential zone rather than the required 150 m (492.12'), on Block 2, Registered Plan 58M-288, 1191 Fischer-Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the variance as approved in this application shall apply to a pylon sign in the revised location as shown on the plans submitted to the Committee of Adjustment on April 17, 2007." COUNCIL MINUTES APRIL 30, 2007 - 114 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Sale of Part of Glasgow Street - Countrvstone Place and University Avenue Council considered Corporate Services Department report CRPS-07-056 (F. McCrea), dated April 23, 2007. Councillor J. Gazzola questioned if consideration had been given to converting the surplus lands on Glasgow Street to a parkette rather than selling it to create a lot. Councillor G. Lorentz advised that the land in question is a small piece of the Old Glasgow Street adjacent to a newly developed subdivision and is now redundant with creation of Countrystone Place /Drive providing access onto Fischer-Hallman Road. He noted that a large park already exists on Countrystone Drive and together with area schools open space provides sufficient greenspace for the area. Mr. J. Willmer, Director of Planning, added that a portion of the street will remain open as a public walkway and the configuration of the remainder is not of a sufficient size to be viable for park use. It was resolved: "That the City accept an offer from Lotco Limited to purchase that portion of Glasgow Street located between the terminus of Countrystone Place and University Avenue in Kitchener, described as Part 2 on Plan 58R-15728, for the sum of $31,500.00; and, That a portion of Glasgow Street, described as Part 1 on Plan 58R-15728, in the City of Kitchener, be declared surplus to the City's needs; and, That the City convey an easement in favour of The Regional Municipality of Waterloo over Part 1 on Plan 58R-15728 for the maintenance of a noise barrier adjacent to the southern limit of University Avenue in Kitchener; and, That the City accept the conveyance from Lotco Limited of Part 6 on Plan 58R-15728, subject to an easement in favour of The Regional Municipality of Waterloo for the maintenance of a noise wall adjacent to the southern limit of University Avenue in Kitchener; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor."