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HomeMy WebLinkAboutCouncil - 2007-06-11COUNCIL MINUTES JUNE 11, 2007 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor C. Weylie. The meeting began with the singing of "O Canada" by Taylor Jasztrab, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held May 14, 2007 and special meetings held May 14 & 28, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr advised that the Canada Millennium Scholarship Foundation has recognized three local high school students with 2007 Excellence Awards, presented in recognition of outstanding scholastic achievements. Mayor C. Zehr then presented congratulatory certificates on behalf of the City to: Ryan Coulter, Eastwood Collegiate (Local Laureate -Music); Petra Prichici, Cameron Heights Collegiate (Provincial Laureate -Medicine); and Mark Willms, Rockway Mennonite Collegiate (Provincial Laureate -International Law). Ms. J. Hutchison provided an overview of the Ontario Senior of the Year Awards established in 1994 to provide each municipality with an opportunity to honour one outstanding local senior. Mayor C. Zehr presented Mr. John Chernes with the Ontario Senior of the Year Award in recognition of his long term service as a senior peer helping volunteer. Ms. J. Hutchison then provided an overview of the Parks and Recreation Ontario (PRO) Community Awards, presented to individuals and organizations who have contributed to the advancement of leisure, parks and recreation in Ontario. She added that a Long Service Award Program was established by Community Services staff to recognize local groups for milestone anniversaries not covered under the PRO program. Representatives of this year's recipients in attendance were presented with the awards from each member of Council as follows: 2 Years Downtown Neighbourhood Alliance Litter Pick-ups: Mauro Bruno Aaron Syvret Shaun Neitzel Vince Cosentino Ryan Schneider Michelle Coleman Greg Simpson Brian Curley Susan Holmes Kim Duffield Harry Kuss Adopt-a-Park: John English Bob Vogel $ Years Country Hills Community Centre Winter Rink Committee Lakeside Winter Rink Committee KW Woodworking & Craft Centre: Frank Shewchuk Trevor Boyes 20 Years Kingsdale Neighbourhood Association Mayor's Advisory Council on Kitchener Seniors SHARE Peer Helping Program 30 Years Stanley Park Community Association Caryndale Neighbourhood Association 40 Years Kitchener Youth Soccer Asahi Judo Club 5 Years Centreville-Chicopee Winter Rink Committee Filsinger Winter Rink Committee Adopt-a-Park: Robert Yendruck Brac Becker Englebert Rangus Mark Lavigne Bryce Culliton Gord Stalker 10 Years Kitchener Youth Action Council Tsuruoka Karate Club KW In-Line Hockey 25 Years Doon Pioneer Park Community Association 35 Years Civic Centre Neighbourhood Association 45 Years KW Track & Field Association COUNCIL MINUTES JUNE 11, 2007 - 137 - CITY OF KITCHENER 135 Years Kitchener Horticultural Society 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 T07-048 (Desktop Computers), Mr. L. Gordon agreed to report back at a future meeting as to the potential to reduce Departmental charges given significant decreases in the price of computers. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T07-035, Aggregates, be awarded to Tri City Materials Limited, Kitchener, Ontario at their tendered price of $158,453.21, including P.S.T. & G.S.T." -and- "That Tender T07-040, Steel Pipe for Natural Gas Distribution, be awarded to Emco Corporation, Kitchener, Ontario at their tendered price of $325,627.78, including P.S.T. and G.S.T." -and- "That Tender T07-044, Light Duty Vehicles, be awarded as follows: • Item 1 -One (1) - 4,263 kg (9,400 Ib.) G.V.W. Extended Cargo Van, complete to Specification CKF-88-2007, be awarded to Dennis Murphy Pontiac, Cambridge, Ontario at their adjusted tendered price of $29,223.70, plus one additional unit at a cost of $29,223.70., including G.S.T. and P.S.T.; and, • Item 2 -Two (2) - 1,990 kg (4,365 Ib.) G.V.W. Seven Passenger Mini Window Vans, complete to Specification CKF-95-2007 be awarded to Colombo Motors, Woodbridge, Ontario at their tendered price of $51,979.44, including G.S.T. and P.S.T.; and, • Item 3 -One (1) - 3,900 kg (8,600 Ib.) G.V.W. Standard Cargo Van, complete to Specification CKF-86-2007, be awarded to Weiland Ford Sales Ltd., Kitchener, Ontario at their tendered price of $26,833.32, including G.S.T. and P.S.T.; and further, • Item 4 -One (1) - 3,900 kg (8,600 Ib.) G.V.W. Standard Extended Cargo Van, complete to Specification CKF-92B-2007, be awarded to Weiland Ford Sales Ltd., Kitchener, Ontario at their tendered price of $29,871.42, including G.S.T. and P.S.T." -and- "That Tender T07-048, Desktop Computers, be awarded to Amsdell Inc., Richmond Hill, Ontario at their tendered price of $111,360., plus optional upgrades of $5,920.., plus G.S.T. & P.S.T.; and further, That Council authorize a contingency purchase of up to forty (40) additional computers, including options, at current fair market price during the term of the contract." -and- "That Tender T07-055 -Seven (7) 780 kg (1,720 Lb.) Payload Compact Extended Cab Pickup Trucks, complete to Specification CKF-306B-2007, be awarded to Colombo Motors LP., Woodbridge, Ontario at their tendered price of $153,894.30, plus an additional truck at a cost of $21,984.90, tilt steering at a cost of $4,833.60 and optional 4x4 on three units at a cost of $10,752.48., including G.S.T. and P.S.T." - and - "That Expression of Interest E07-057, Consultant Services -Project Risk Assessment - Financial and Infrastructure Management Systems, be awarded to KPMG LLP, Toronto, Ontario at their estimated fee of $105,824., including disbursements of $5,535. and G.S.T., COUNCIL MINUTES JUNE 11, 2007 - 13$ - CITY OF KITCHENER based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Purchasing be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E07-058, Structural Engineering Services - 2007 City Hall Parking Garage Structural Repairs, be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $40,280., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." Carried. Mr. Phil McTaggart, Controller, Broda Enterprises, attended in support of the staff recommendation listed as Item B.2 on the Committee of the Whole agenda this date, dealing with conveyance of lands known as 560 Bingemans Centre Drive. Ms. L. MacDonald, Director of Legal Services & City Solicitor, responded to questions concerning the six-year restrictive covenant, advising that the covenant provides opportunity for staff and Council to review proposed sale of the lands within the six year timeframe to ensure the parties are honouring the intent of the park; in this case staff agree with the proposal and are recommending approval; and that all conditions will continue to apply throughout the remainder of the covenant period. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That on May 24, 2007, the property described as Part Lots 122 & 123 G.C.T. being Parts 1 & 4 on Plan 58R-15289, and municipally known as 560 Bingemans Centre Drive, Kitchener complied with the restrictions set out in Instrument No. Wr206780 being an Application to Annex Restrictive Covenants, although the property has not yet been approved for grading as a Site Certification has not yet been received; and further, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to show consent to the conveyance of the property municipally known as 560 Bingemans Centre Drive through a leaseback transaction." Carried. Mr. Steve Cooper, President, MTE Properties, attended in support of the staff recommendation listed as Item B.3 on the Committee of the Whole agenda this date, dealing with conveyance of lands known as 520 Bingemans Centre Drive. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That on June 4, 2007, the property described as Part Lot 122 G.C.T. being Parts 8, 9 and 10 on Plan 58R-14324 and Part 4, Plan 58R-14981, and municipally known as 520 Bingemans Centre Drive, Kitchener complied with the restrictions set out in Instrument No. WR59470 being an Application to Annex Restrictive Covenants, although grading has not yet been approved for the property; and further, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to show consent to the conveyance of the property municipally known as 520 Bingemans Centre Drive." Carried. Ms. Linda Chilton and area residents attended to request that traffic calming measures be installed on Pioneer Drive, between Black Walnut Drive and Doon Village Road. Ms. Chilton raised concerns regarding speeding, increased traffic volumes and safety of children walking to and from area schools. She stated that in speaking with City staff she was advised that resources are limited and COUNCIL MINUTES JUNE 11, 2007 - 139 - CITY OF KITCHENER action on traffic calming could not proceed until 2008. She expressed the opinion this was unacceptable and asked that immediate action be taken to reduce the speed limit to 40 km/h; paint the yellow dividing line along the newly paved section; and install traffic lights at Doon Village Road and Pioneer Drive. Councillor J. Gazzola stated that it was his understanding this street was next on the priority list but the residents have come forward as the result of a number of incidents. He asked that staff do all they can to determine a means to advance traffic calming measures for this street. Councillor G. Lorentz suggested that some measures could be taken now at minimal cost, such as painting the yellow dividing line and installing temporary speed humps to provide some immediate relief. At the request of Mayor C. Zehr, Mr. R. Browning, General Manager, Development and Technical Services, agreed to provide an update on the status of street calming for Pioneer Drive at the June 18, 2007 Development and Technical Services Committee meeting. Mr. Ian Graham, resident, attended to raise concerns regarding ongoing construction in the area of Joseph / Gaukel Streets and Victoria Park. Mr. Graham played a 1-minute video to demonstrate the adverse impact of construction to the enjoyment of his property. He stated that he has lived with ongoing construction for the past 7 years, beginning with work on the Manulife parking garage and continuing with the Joseph Street reconstruction project. He stated that no other area of the City has had to experience such circumstances and it was unfair to expect anyone to live in this manner. He stated that he and his family have been adversely affected both professionally and personally and could not continue to live this way. In response to questions, Mr. Graham acknowledged that the work needs to be done but questioned the length of time it is taking to complete the work. He expressed the opinion that Manulife has not been a good neighbour in respect of their construction projects, carrying on work well into the night and he has now been advised that Manulife is beginning more work on the parking garage that will include Saturdays, leaving only one day a week for the enjoyment of his property. He suggested that he should not be expected to pay property tax under these circumstances and the constant construction impacts his ability to sell or rent the property. He asked that a credit be given on property taxes. Mr. J. Witmer, Chief Building Official, provided an update on the Joseph Street Reconstruction Project advising that the portion of the project related to coal tar removal is expected to be completed by the end of next week, one week ahead of schedule; and the balance involving installation of new curbs, asphalt and the entrance feature to Victoria Park is to be completed by Labour Day. He advised that the area in which the delegation resides is listed as a priority and will be done sooner. In respect to Manulife, Mr. Witmer advised that the company proposes to undertake some environmental work on the parking garage to begin in the next week or two; the duration of which is expected to be two weeks in length. Mayor C. Zehr asked for clarification of Mr. Graham's request for a credit and Mr. Graham responded that he and other area residents are asking for athree-year credit on property taxes. Mayor Zehr suggested that more information is needed from staff prior to considering any action. Councillor J. Gazzola enquired as to what avenue residents have in such circumstance and Ms. L. MacDonald advised that residents can seek their own legal advice to determine options available to them. Messrs. Bryan Dunham and Bob Geldart, residents of Clive Road, attended in opposition to installation of sidewalks along both sides of Clive Road. The delegation advised that Clive Road is a quiet, well-established street with upgraded curb appeal through landscaping enhancements. It was noted that 75% of property owners on Clive Road do not want the sidewalks installed. Pictures were provided to demonstrate the loss of enhanced landscaping and driveway /parking areas that would result from the installation. The delegation requested that the sidewalks not be installed and in the event a decision is made to proceed, that it be delayed one year to allow full consultation with community stakeholders. The delegation responded to questions, acknowledging that the portion of land to accommodate the sidewalk is in fact City-owned lands, however, it was noted that most property owners on the street have multiple vehicles and the loss of the boulevard area will impact ability to park their vehicles off road. It was noted that 25% of property owners who want the sidewalks represent 5 out of 20 and it was the opinion of the delegation that safety of children is not an issue as this street has low volume traffic and many children have grown up on the street without issue. They suggested that the only COUNCIL MINUTES JUNE 11, 2007 - 140 - CITY OF KITCHENER reason they have to deal with this issue now is because staff want to tie the sidewalks in with rehabilitative infrastructure work proposed for the street. In response to questions, Mr. J. Witmer advised that two surveys were undertaken, one to the broader community and one to those residents in the area of construction on Clive Road. He pointed out that the sidewalk was included in the tender as a provisional item only but is recommended in keeping with Council's policy under the Pedestrian Charter. He stated that staff is still in the process of reviewing the survey responses, talking with area schools and assessing all implications of proceeding with the sidewalk installation. Councillor J. Smola advised that he and Councillor B. Vrbanovic who is dealing with a similar concern on Morgan Avenue, have been in discussion with staff and he requested that this matter be deferred to allow opportunity for further discussion of the issues with staff and area residents. Councillor Vrbanovic stated that these issues have brought to light concerns with the entire process of how sidewalk installations are handled and was of the opinion changes are needed to identify concerns proactively rather than reactively. He noted that staff is willing to consider changes in process for the start of the 2008 construction season. Mr. Witmer added that staff would like time to review current practices to ensure all issues are vetted and bring forward a report in conjunction with the timing of tendering for sidewalk construction in 2008. It was agreed that staff proceed with a review of the overall process for sidewalk construction, with a report to come back in 2008 in conjunction with the tendering process and in the interim, Councillors Smola and Vrbanovic would meet with staff and residents of Clive Road to consider their issues and report back if need be. Mayor C. Zehr advised that a number of delegations were in attendance to speak to Clause 7 of the Development and Technical Services Committee report, dealing with approval of the Staging of Development Report 2007 -Post 2008. Mr. D. Wellhauser raised concerns regarding protection of ground and surface water in the Region of Waterloo and in the area of the Waterloo Moraine, advising that he had made a presentation at the May 28, 2007 Development and Technical Services Committee meeting regarding the impact of land development in the area of the Moraine. He noted that a request for a review of the Waterloo Moraine was submitted to the Environmental Commissioner of Ontario's office under the Environmental Bill of Rights and the Ontario Ministry of Environment (MOE) has announced that the government will conduct a 16-month review of the need to develop provisions to protect groundwater and source water in the Waterloo Moraine. He had questioned the Committee as to how site assessments can be justified without knowledge of water volumes that may be lost due to developments and how the City can justify land development without a full understanding of the economic consequences of lost water that is already in short supply. He made the following recommendations to the Committee: inclusion of economic cost of water volumes that may be lost for each development proposal; public presentation of economic cost of potential lost water volumes to the public during consultation processes; and request the Province to begin assigning economic value to wetlands and other natural capital. Mr. Wellhauser asked in respect of the Staging of Development Report if the City will require a complete and public economic analysis to occur before granting approvals and if the City will clearly address endangered, threatened and species at risk through properly conducted species inventories and studies. He suggested that in the absence of same, citizens are not being informed of the total potential cost of any proposed development and to the public that represents bad planning. Mr. Wellhauser added one recommendation to those previously provided, asking for a moratorium on developments on significant groundwater recharge and natural heritage areas until the MOE completes its 16-month review of the Waterloo Moraine. Ms. Yvonne Fernandes raised concerns with excessive growth and the impact it has on air quality and natural areas. She referred to Provincial guidelines which encourage 40% intensification vs. 60% greenfield development, suggesting the City is below 20% in intensification and questioning how Provincial targets can be met if the focus is on greenfield development. She stated that natural areas and the species they support are too precious and asked that Council refrain from unfettered development in favour of more brownfield development. COUNCIL MINUTES JUNE 11, 2007 - 141 - CITY OF KITCHENER Ms. Fernandes responded to questions, acknowledging that she lives in what was a greenfield development 20 years ago, expressing the opinion that at that time the impact was not understood but it is today and the same mistakes should not continue. She acknowledged that staff have made changes in planning policies but noted that a Grand Sewer Trunk is proposed for the Huron Natural Area adjacent to the Strasburg Creek, which in her opinion would be detrimental. She asked that Council set aside plans for development adjacent to wetlands and focus on brownfield development. Mr. Neil Taylor spoke to issues concerning the Hidden Valley area, stating that the Region does not recognize Hidden Valley as part of the Waterloo Moraine. He asked that Council consider partnering with the Region and organizations such as the Nature Conservancy of Canada to acquire Hidden Valley lands and to advance the concept of designating Environmentally Sensitive Lands (ESL), noting the existence of four ESPAs in the area of Hidden Valley. He tabled a letter dated September 12, 2006 in which he had requested Hidden Valley lands be acquired and preserved for future generations to which he would like a response. He referred to a study undertaken in the Spring of 2007 which identified the existence of Jefferson's Salamander, an endangered species, which he suggested is at risk should the Bleams Road Extension proceed. He asked that the City slow down development and consider the importance of preservation and protection of natural areas and the species they support. Ms. Louisette Lanteigne raised similar concerns regarding ground and surface water and natural areas, asking that Council consider the science behind the impact of development on such resources and formulate legislation, as well as a review structure, to avoid the risks; and refrain from any decision at this time on the Staging of Development Report until the MOE has completed its 16-month review. In response to questions, Ms. Lanteigne advised that she is a resident of Waterloo and has approached the City of Waterloo on many occasions over the past three years. Ms. Daphne Nicholls also spoke in regard to preservation and protection of the Hidden Valley area, raising concerns that development plans in this area is still in the Staging of Development Report and expressing a desire for a change in zoning to protect the area from being destroyed. She asked that the value of natural areas be weighed against societal costs if destroyed and asked that the lands be purchased through community trust for the common good. She further asked that Council refer the Staging of Development Report back to Committee for further reflection on genuine conservation of the Hidden Valley area. Ms. Ginnie Quinn raised concerns with development planned for the Dodge, Groh, Reidel, Stauffer area in Doon South containing significant wetlands acreage. She referred to aSub-Watershed Study conducted in the late 1990s by CH2M Hill which provided that no more than 25% of the area should be allowed to be as impervious coverage. More recently, Stantec completed a study that has a plan to increase the impermeable surface. She expressed the hope that the solution is not a third pipe system which will direct water away from the wetlands and / or collect rooftop runoff directed into the recharge area. She suggested that given heavy dependency on groundwater in the Region, current growth rates cannot be sustained without costs to wetlands and recharge areas. She noted concerns with regard to shortage of tree coverage in respect to its environmental impact on air quality; and restricted covenants on use of clotheslines impacting energy use. She asked that all of these be taken into consideration in the Staging of Development Plan for benefit of the future of this community. Mr. Frank Kulcsar, resident, interrupted the meeting at this time. Mayor C. Zehr acknowledged that Mr. Kulcsar had registered to speak to a different matter and asked him if he now wished to speak to the matter at hand. Mr. Kulcsar continued to interrupt and was asked to take a seat but chose to leave the Chamber. On motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, Clause 7 of the Development and Technical Services Committee report was brought forward for consideration to approve the Staging of Development Report 2007 -Post 2008. Mr. J. Willmer, Director of Planning, responded to questions advising that the Growth Management Strategy Terms of Reference is being brought forward for consideration to the June 18, 2007 Development and Technical Services Committee meeting and the study itself is to be completed by the end of next year. In respect of a moratorium, he pointed out that while the MOE has agreed to review the Waterloo Moraine it has not required a moratorium and he was confident in City planners ability to proceed with staging of development in an appropriate manner. Councillor J. Gazzola questioned the feasibility of deferring approval of the report in its entirety, suggesting that much is COUNCIL MINUTES JUNE 11, 2007 - 142 - CITY OF KITCHENER dependent on the Growth Management Study and it would seem appropriate to wait for the results. Mr. Willmer displayed a Regional map to demonstrate City limits in relation to the Waterloo Moraine, with three-quarters of the westerly side located on the Moraine and only a small portion of the west side within the recharge area, with the majority of the recharge area in the adjacent Township. He pointed out that no development is scheduled in the recharge area and even if the City waits for the study results, it would not have affect on plans for draft approvals. He pointed out that the Hidden Valley area is on the most north-easterly side of the City, well beyond the boundaries of the Moraine and reiterated that the MOE is not requiring a moratorium nor is Kitchener looking at any plans for development on the Moraine. Mayor C. Zehr noted that full commitment is not being given to the 2008 timeframe, clarifying that this portion is deferred in any event pending the Growth Management Study. Councillor B. Vrbanovic requested Mr. Willmer to comment on the issues raised by Mr. Wellhauser and Mr. Willmer advised that in his previous response he had attempted to point out fundamental flaws in the logic of the presentation. Mr. Willmer stated that there is no shortage in supply of groundwater but rather the infrastructure capacity to pump and treat groundwater is limited; and even if there is a decrease in surface water it does not affect use of groundwater and therefore it can be said that the economic impact is zero. In regard to protection of natural areas and species, the City requires detailed environmental overviews /reports all of which are reviewed by in-house expertise and where there is an ESPA, Regional staff are also involved in the review process. It was his opinion that considerable and appropriate protection measures are already ingrained in the development process. Councillor Vrbanovic requested comment on the Provincial targets for greenfield and brownfield development and how this is being addressed. Mr. Willmer stated that all are in agreement with the principle of achieving the 40% brownfield target by 2015, with the City having a ways to go to get there. He agreed that the Staging Report focuses on greenfield development which is appropriate for purposes of prioritizing. He pointed out that brownfield development is dealt with by another method that has proven successful in marketing redevelopment sites and the Staging Report is an interim measure pending completion of the Growth Management Study which will set new policies for development. Councillor J. Gazzola asked for clarification that what was being approved at this time was only 2007 plans with everything else deferred pending the Growth Management Study. Mayor C. Zehr suggested and it was agreed, to amend Clause 7 to clarify that full commitment is not being given to the post-2007 timeframe. Mr. Willmer added that by approving the report, direction is being given to work on only those plans targeted for approval in 2007. He pointed out that Hidden Valley is targeted for 2008 but this does not mean the whole area would be developed but rather would be reviewed to identify what is appropriate and what is not appropriate for development and how to convey those portions not appropriate to the City. He noted that acquisition is often a condition of development approval and that may be the City's means to acquire these lands. Councillor J. Gazzola stated that he was satisfied in terms of moving forward with Clause 7 of the Development and Technical Services Committee report but asked that in regard to Hidden Valley, staff consider the issue of changing the zoning of the area and look at all possible grants available that could assist in acquiring the lands for preservation. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 7 of the Development and Technical Services Committee report of this date, as amended, be adopted." Carried Unanimously by all members present. Ms. Julie Bender attended in opposition to demolition of 37 Fairview Avenue advising that research indicates the structure may have been built as early as the 1850s and is the only wooden structure of its style still standing in the centre of the City. She presented letters from residents of the King Street East neighbourhood who had opposed demolition of the structure one year ago and is still very interested in preserving the structure as well as a tree on the property. She advised that the property COUNCIL MINUTES JUNE 11, 2007 - 143 - CITY OF KITCHENER owner had stopped pursuing a demolition permit and she had been advised that they would be notified if any change took place. Accordingly, the letters of objection were not submitted and the residents were not notified this time around. She asked that they be given a chance to voice their opinions before the building is demolished. Mr. J. Willmer responded to questions, advising that the demolition application was approved by Council on April 30, 2007. He stated that a demolition application was submitted one year ago and the owners intent at that time was to demolish the existing structure and build a triplex. The application was held in abeyance of a moratorium on triplexes but at the time of the original notification, one letter of objection was received. When the application was re-activated in March 2007, the objector was notified however no response was received and the application proceeded to Council for approval on April 30. Mayor C. Zehr inquired as to an appeal period and Mr. Willmer advised that he was uncertain if an appeal period applies and if so, it would be only the applicant who would have the right to appeal. He added that there is no legal obligation to notify residents. Mayor C. Zehr advised the delegation that procedurally a member of Council would have to give Notice of Motion to reconsider the matter at a future meeting. He inquired if a permit had been issued and Mr. Willmer advised he did not know. Councillor J. Smola suggested and it was agreed, that the matter of reconsideration be discussed at the June 18, 2007 Development and Technical Services Committee meeting pending additional background information from staff. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted. At the request of Mayor C. Zehr, it was agreed to amend Clause 9 of the report dealing with the issue of off-road cycling lanes, to remove from the second paragraph the phrase `on-road or', to clearly reflect the position of the Committee as being in favour of off-road cycling lanes for the River Road Extension. The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 7 - Dealt with under Delegations and Carried Unanimously, as amended, by all members present. Clause 9 -Carried, as amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." A motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, was brought forward for consideration to amend Clause 5 of the report, dealing with an agreement with the Regional Municipality of Waterloo Emergency Medical Services on behalf of the Heart and Stroke Foundation of Ontario's Public Access Defibrillator (PAD) program, to provide that a total of 20 defibrillators be obtained for City facilities, with the Heart and Stroke Foundation to provide 10 and the City to match that number. Councillor B. Vrbanovic agreed with the importance of this initiative but in terms of the number to be obtained, he advised that indication has been given as to the potential to obtain additional units from the Region through Provincial funding rather than utilizing municipal dollars. Mayor C. Zehr requested clarification in terms of training needs should additional units be added. Ms. A. Pappert, General Manager of Community Services, advised that staff is confident in their ability to COUNCIL MINUTES JUNE 11, 2007 - 144 - CITY OF KITCHENER train at the number of units currently proposed by the Heart and Stroke Foundation and any additional units would add challenges in this respect. Ms. Denise Keelan added that while the units are fairly simple to use, the focus is on combining training for their use with CPR training so users are competent in both. She stated that staff is confident that they will be able to negotiate with the Region to obtain a suitable number of units. Councillor J. Gazzola commented that new buildings should be constructed with this type of equipment immediately available, suggesting that this should be a high priority and the City should obtain as many units as it can. Councillor B. Vrbanovic raised concerns that if the recommendation is amended to indicate the City will fund additional units it will have a negative impact on negotiations to have additional units funded by another source. He asked that the motion to amend Clause 5 be deferred until an answer is received from the Heart and Stroke Foundation, with a report back following their decision at the next available opportunity. Councillor J. Gazzola withdrew his amending motion on the basis that attempts are being made to obtain additional units by another means. The Community Services Committee report was then voted on clause by clause. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Clause 5 -Carried Balance of report -Carried "That the report of the Finance and Corporate Services Committee be adopted. Council considered an additional report by the Kitchener Public Library (KPL), dated June 6, 2007, in regard to Clause 3 of the report, dealing with approval of a business case for RFID (Radio Frequency Identification) and Automated Check-In Projects. The report was provided in response to questions raised at the May 28 Finance & Corporate Services Committee meeting. Ms. Sonia Lewis, CEO -KPL, provided further clarification of the proposed funding for this project and also explained that savings will not be immediately evident in respect to the automated units as the funding does not become available until 2008. At that time, KPL will proceed with a Request for Proposal and at the earliest units are expected to be installed part way through 2009 in 2 facilities, with the remainder to be phased in over 3 years, ending in 2011. The Finance & Corporate Services Committee report was then voted on clause by clause. Clause 3 -Carried. Clause 6 -Carried Unanimously by all members present, on a recorded vote. Balance of report -Carried. Council agreed to a request of Mr. R. Gosse, City Clerk, to add 2 additional by-laws for three readings this date, being a zoning amending by-law and by-law to adopt Municipal Plan Amendment No. 69, relative to Clauses 5 and 6 respectively, of the Development & Technical Services Committee report. Moved by Councillor K. Galloway Seconded by Councillor J. Gazzola "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. COUNCIL MINUTES JUNE 11, 2007 - 145 - CITY OF KITCHENER (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 exempt certain lots from Part Lot Control -Part of Block 1, Registered Plan 58M-245 and Part of Block 2, Registered Plan 58M-246 - Riverstone Court and Pennsylvania Crescent (e) Being a by-law to assume certain lands with the City of Kitchener as a public highway (f) Being a by-law to provide for the establishing and laying out of part of Snowdrop Court as a public highway in the City of Kitchener. (g) Being a by-law to provide for the establishing and laying out of part of Huck Crescent, Highgate Road and Udvari Crescent as public highways in the City of Kitchener. (h) To confirm all actions and proceedings of the Council. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Henry Walser Funeral Home -Becker Street. (j) Being a by-law to adopt Amendment No. 69 to the Municipal Plan -City of Kitchener - Kitchener Portuguese Club Inc. -1548 Fischer-Hallman 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 J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola Seconded by Councillor 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 K. Galloway Seconded by Councillor J. Gazzola "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. 2007-100) (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. 2007-101) (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. 2007-102) COUNCIL MINUTES JUNE 11, 2007 - 146 - CITY OF KITCHENER (d) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 1, Registered Plan 58M-245 and Part of Block 2, Registered Plan 58M-246 - Riverstone Court and Pennsylvania Crescent tBy-law No. 2007-103) (e) Being a by-law to assume certain lands with the City of Kitchener as a public highway tBy-law No. 2007-104) (f) Being a by-law to provide for the establishing and laying out of part of Snowdrop Court as a public highway in the City of Kitchener. tBy-law No. 2007-105) (g) Being a by-law to provide for the establishing and laying out of part of Huck Crescent, Highgate Road and Udvari Crescent as public highways in the City of Kitchener. tBy-law No. 2007-106) (h) To confirm all actions and proceedings of the Council. tBy-law No. 2007-107) (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Henry Walser Funeral Home -Becker Street. tBy-law No. 2007-108) (j) Being a by-law to adopt Amendment No. 69 to the Municipal Plan -City of Kitchener - Kitchener Portuguese Club Inc. -1548 Fischer-Hallman Road. tBy-law No. 2007-109) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:12 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 11, 2007 - 147 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Legal Services be instructed to proceed with the preparation and advertising of a by-law to change the name of a remnant portion of Glasgow Street located between 1154 Countrystone Drive and the limit of Registered Plan 58M-430 to Countrystone Drive. 2. That staff proceed with the preparation and public circulation of a draft by-law to rename a remnant portion of Old Chicopee Drive known as part of Lot 124, G.C.T., located south of Sims Estate Drive and directly adjacent to the property known as 244 Sims Estate Drive be renamed as Sims Estate Place and Sims Estate Drive in accordance with the Draft Reference Plan attached to Development and Technical Services Department report DTS-07-086. 3. That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the Road and Surface Construction Contract #T07-002 in the City of Kitchener. The request for the noise by- law exemption is only between the hours of 7:00 p.m. to 9:00 p.m. for the period from April 30, 2007 to September 28, 2007. 4. That Demolition Control Application DC 07/02/M/SR requesting permission to demolish a single family dwelling located at 12 Macville Ave, owned by George Demetriou, legally described as Part Lot 60, German Company Tract, be approved in principle, subject to the following condition: 1) That the owner obtains a building permit for the proposed single family dwelling. 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 single family dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 5. That Zone Change Application ZC 07/04/B/LT (28 Becker Street -Henry Walser Funeral Home) for the purpose of changing the zoning from Residential Five Zone (R-5) to Commercial-Residential Two Zone (CR-2) with special use provision, 2680, to permit the use of Funeral Home on the lands legally described as Part Lot 32, Plan 42 in the City of Kitchener, be approved in a form shown in the "Proposed By-law" dated April 16, 2007, attached to Development and Technical Services Department report DTS-07-066, without conditions; and further, That Demolition Control Application DC 07/01/B/LT requesting permission to demolish a single detached dwelling located at 28 Becker Street, legally described as Part Lot 32, Plan 42, be aggroved without conditions. 6. That Municipal Plan Amendment MP 06/03/F/DR (Kitchener Portuguese Club Inc. - 1548 Fischer Hallman Road) be adopted, to amend the City's Municipal Plan as follows: i) Map 5 -Land Use Plan is amended by designating the lands to `Low Rise Residential' instead of `Business Park' as shown on the attached Schedule `A', Land Use Plan. ii) Map 8 -Special Policy Areas is amended by deleting a portion of Special Policy Area No. 17 from the area as shown on the attached Schedule `B', Special Policy Areas. iii) Map 8 -Special Policy Areas is amended by deleting the phrase "17. Lancaster & Westmount Corporate Centre" and replacing it with "17. Lancaster & Fischer Hallman Corporate Centre" as shown on the attached Schedule `B', Special Policy Areas. COUNCIL MINUTES JUNE 11, 2007 - 14$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. That the Staging of Development Report 2007-Post 2008 (DTS-07-083) be approved, provided that it is acknowledged that the City cannot give full commitment to the post-2007 timeframe until after the completion of the Growth Management Strategy. (Dealt with under Delegations and Carried Unanimously, as amended, by all members present) 8. That staff request that the Region of Waterloo Highland Road/Queen Street Reconstruction Project Team prepare a streetscape concept option with pedestrian-scale lighting as a provisional item in the contract/tender documents to provide future flexibility for Council to consider this option, subject to funding availability; and, That final approval of pedestrian-scale lighting on Queen Street, between Courtland Avenue and Highland Road be referred to the 2008 capital budget process; and further, That staff engage in discussions between the City and Region to explore a more equitable cost-sharing agreement to promote pedestrian-scale lighting along Regional Roads, particularly related to operating costs. 9. That staff investigate and report, to the Development and Technical Services Committee, on the feasibility, implications and costs of creating off-road cycling lanes; and, That staff make a recommendation to the Region's Steering Committee for the River Road Extension with respect to off-road cycling lanes; and further, That staff report on the feasibility of re-instituting the City's Cycling Committee. (As Amended) COMMUNITY SERVICES COMMITTEE - 1. That the following persons be appointed to the Huron Natural Area Joint Ventures Committee for a term ending December 30, 2009: Councillors Geoff Lorentz and Kelly Galloway representing the City of Kitchener; Trustee Wayne Buchholtz and John Shewchuk representing the Waterloo Catholic District School Board; and, Trustee Patricia Adamson & Art Phelan representing the Waterloo Region District School Board. 2. That the donor recognition opportunities associated with the Hanson Avenue Athletic Complex "Places to Play" Capital Fundraising Campaign be approved, as outlined in Community Services Department report CSD-07-049; and further, That any major facility naming encompassing the entire facility or sports complex be presented for Council consideration if and when the opportunity arises. 3. That the Doon Valley Golf Course Expansion Business Case, as appended to Community Services Department report CSD-07-046, be accepted; and, That staff be directed to proceed to construct a 9 hole golf course addition, practice facility, 9 hole pitch and putt course and necessary support amenities, as outlined in report CSD-07-046 subject to receiving final external planning and agency approvals; and, That a total amount of $3,503,546., be allocated to fund the Doon Valley Golf Course Expansion project components; and, That Finance Staff be authorized to secure a 25 year debenture in 2009 in the amount of $3,101,097. to fund the 9 hole addition component of the project, repayable solely from golf enterprise revenues; and, COUNCIL MINUTES JUNE 11, 2007 - 149 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) That Finance Staff be authorized to secure a 10 year debenture in 2010 in the amount of $402,449. to fund the golf skills component of the project, repayable solely from golf enterprise revenues; and, That the Mayor and Clerk be authorized to execute an Architect/Construction Management contract with Shawn P. Waiters & Associates to an upset limit of $375,874. plus GST, subject to the satisfaction of the City Solicitor; and further, That a Business Case for a major upgrade or replacement of the clubhouse be brought forward when Golf Unit cash flows are sufficient to provide for the capital cost of such project. 4. That the tendering process be waived to permit the single sourcing of the software licensing and radio communication systems from ITT Flygt to complete the pumping station Supervisory Control and Data Acquisition (SCADA) System Phase 2 at an approximate cost of $205,200. 5. That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, between the City of Kitchener and the Regional Municipality of Waterloo Emergency Medical Services who will act as co-ordinator on behalf of the Heart and Stroke Foundation of Ontario's Public Access Defibrillator (PAD) program to facilitate the placement of Automated External Defibrillators in specified City of Kitchener facilities. 6. That the Westmount Neighbourhood Association be approved as an affiliated group under the City of Kitchener Neighbourhood Association Affiliation policy; and further, That the Westmount Neighbourhood Association be approved as an insured group under the City of Kitchener Third Party Liability Insurance program. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That temporary Class E -Adult Entertainment Parlour Licences for Roxanne's Bar & Grill located at 1271 Victoria Street North and 2027625 Ontario Ltd. located at 6 Bridge Street West be extended until June 30, 2007. 2. That in accordance with the March 23, 2007 Ontario Superior Court of Justice Decision, Chapter 530.1.20 (Pit Bull dog -defined) of the City of Kitchener Municipal Code be amended to read as follows: 530.1.20 Pit Bull dog -defined "Pit Bull dog" means a dog of any age which has the appearance and physical characteristics predominantly conforming to the standards for any of the following breeds, as established by the Canadian Kennel Club or the American Kennel Club or the United Kennel Club as set out in Schedule `C', and determined by the Poundkeeper, namely: (a) American Pit Bull Terrier; (b) Staffordshire Bull Terrier, except a Staffordshire Bull Terrier which is registered with the American Kennel Club or the Canadian Kennel Club; or, (c) American Staffordshire Terrier, except an American Staffordshire Terrier which is registered with the American Kennel Club or the Canadian Kennel Club; and further, That Chapter 530 (Dogs) be amended to incorporate the breed standards set out in Schedule `C', as attached to Corporate Services Department report CRPS-07-063. COUNCIL MINUTES JUNE 11, 2007 - 150 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. That the Kitchener Public Library's Business Case for the RFID (Radio Frequency Identification) and Automated Check-In Projects be approved; and, That the RFID project be funded as follows: • $1,000,000 -allocation for radio frequency technology (2008-2011) in the approved ten- year capital forecast; and, • $155,000 -unexpended capital funding from Country Hills Library capital account; and further, That the consideration of an additional $450,000 of capital from current funding for automated check-in technology in 2012 be referred to the 2008 budget process. 4. That the Manager of Licensing's decision to refuse the application of Jamilah Sulema Musein to operate an alternative massage centre at 195 Victoria Street North, Kitchener, Ontario be confirmed. 5. That City of Kitchener Council Policy I-875 (Lottery-Bingo Regulations) be amended to reflect the recent changes to the Alcohol and Gaming Commission's Terms and Conditions for Bingo Lotteries, dated May 1, 2007. 6. That staff undertake a process to solicit public comments/feedback on whether or not to change the number of Councillors from the current six and report back to Council at a public meeting to be held in October, 2007; and, That Council Policy I-50 (Ward Boundary -Criteria) be replaced with the draft policy I-50, dated May 28, 2007, attached to Corporate Services Department report CRPS-07-067, as amended to provide that ward boundaries be reviewed after every second regular election and the ward structure accommodate growth for at least 8 years; and, That staff report in October 2007 on the ward review process to be based on Policy I-50 and the report to include the terms of reference for a Request For Proposal to retain the services of a consultant to lead a public process, develop options and make final recommendations for Council's consideration; and further, That staff report in January 2008, with a recommendation of a consultant, a budget, terms of reference and a timetable for the ward review process. (Carried Unanimously by all members present on a recorded vote) 7. That the Direct Purchase, ABC (Agent Billing Collection) and GDAR (Gas Distribution Access Rule) related fees as proposed in the attached Appendix to Financial Services Department report FIN-07-072, be approved in conjunction with the previously approved GDAR Service Agreement for Gas Vendors of the City of Kitchener, effective June 1, 2007. COUNCIL MINUTES JUNE 11, 2007 - 151 - 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. Various Tenders Dealt with under Delegations. 2. Convevance of Lands - 560 Bingemans Centre Drive Dealt with under Delegations. 3. Convevance of Lands - 520 Bingemans Centre Drive Dealt with under Delegations. 4. Encroachment Agreement - 7 Upper Mercer Street Council considered Corporate Services Department report CRPS-07-075 (L. MacDonald), dated May 28, 2007. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Block 29, Registered Plan 58M-392, municipally known as 7 Upper Mercer St., to legalize the installation of a 1.5m sidewalk for a length of approximately 21 m on City property." 5. Encroachment Agreement -1250 Strasburg Road Council considered Corporate Services Department report CRPS-07-076 (L. MacDonald), dated May 28, 2007. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 1250 Strasburg Rd. (PIN 22607-0067), to legalize the existing City owned sidewalk which extends 16.955m, more or less, along the Strasburg Rd. frontage to a depth of approximately 0.800m, more or less, onto 1250 Strasburg Rd. being Part 5 on Reference Plan 58R-15833." 6. Encroachment Agreement - 760 Commonwealth Crescent Council considered Corporate Services Department report CRPS-07-079 (L. MacDonald), dated June 4, 2007. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of the property municipally known as 760 Commonwealth Crescent, to legalize the proposed City owned sidewalk which will extend 55m, more or less, along the Commonwealth Crescent frontage to a depth of approximately 2m, more or less, onto 760 Commonwealth Crescent."