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HomeMy WebLinkAboutCouncil - 2007-06-25COUNCIL MINUTES JUNE 25, 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 Krystal Wolfe, King School of Vocal. On motion by Councillor K. Galloway, the minutes of the regular meeting held June 11, 2007 and special meetings held June 11 & 18, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. Jessica Fisher and Ms. Mary Jane Patterson, Waterloo Region Green Solutions (WRGS - formerly REEP), presented the organization's 2006 Annual Report and Summary of results to date. It was noted that the Federal Government has renewed support for home energy efficiency initiatives by introducing the EcoEnergy Retrofit Program and for the first time, the Provincial Government is now offering the Home Energy Audit Program. Results of REEP included completion of 4000+ home evaluations at an annual savings of $665,000 for all households and a reduction of 2000+ tonnes of greenhouse gas emissions. Approximately half of the homes evaluated were in Kitchener and $485,642. in Federal grants flowed into the Region. The City's contribution to REEP is helping to fund new services, including: solar assessments; Well Aware Program; Greening Sacred Places; and, Energy Efficiency Assistance Program for Houses. Ms. J. Patterson responded to questions, advising that at this time the Energy Efficiency Assistance Program does not include high-rise apartment buildings as they require engineering solutions and was not sure if incentives would be forthcoming from senior governments. At the request of Councillor B. Vrbanovic, Ms. Patterson agreed to take this matter back to Green Communities Canada to determine if there is a need for municipal advocacy. Ms. Patterson added that the rural townships are providing in-kind services relative to the Well Aware Program and will be asked to participate on a larger scale in 2008. She also noted that Federal and Provincial grant funds are provided directly to the homeowner. Councillor G. Lorentz advised that homeowners applying for an evaluation are required to provide a 12-month history of their energy and utility billings. He noted that Kitchener-Wilmot Hydro provides this information free of charge, while Kitchener Utilities charges a fee of $30 and he is currently working with Utilities staff to mirror Hydro's practice. Council considered this date Chief Administrator's Office report CAO-07-035 (M. May / R. Regier), dated June 20, 2007, outlining the public consultation process for the Centre Block Redevelopment Project. Mr. R. Regier, Executive Director, Economic Development, advised that the public consultation process would run from June 25 until August 3 and everyone living and / or working in Kitchener will have opportunity through a variety of methods to comment on the Centre Block proposal by Andrin Limited. Messrs. Peter Smith, President, Andrin Limited, and Les Klein, Quadrangle Architects, presented details of the Andrin proposal for the Centre Block. Mr. Smith advised that Andrin has a long standing tradition in downtown urban redevelopment projects and also has significant experience in residential, commercial and brownfield development. He stated that Andrin is the ideal developer for this project as their vision mirrors that of the City in creating a main street destination leading to a vibrant people place for the Centre Block. Mr. Klein advised that a 24 hr / 7 day a week vitality is envisioned, to include: redevelopment of the Mayfair Hotel as a boutique hotel; active commercial uses on King Street, including restaurants and cafes; high quality, mixed use development consisting of housing, retail and commercial uses with appropriate scale for King Street; green space and open space with strong pedestrian links and semi- private /private areas for residential uses; provision of safe and secure environment through incorporation of CPTED (Crime Prevention Through Environmental Design); diverse residential development (condominiums /lofts above retail); incorporation of public /industrial art and heritage features (fagade of former Forsyth Factory, 156 & 158 King Street); sustainable design and LEED certification; and phased-in parking structure consisting of 3 levels below Duke Street, with the upper most designated as public parking and the 2 lower levels for condominium residents /visitors. COUNCIL MINUTES JUNE 25, 2007 - 155 - CITY OF KITCHENER Mr. Smith advised that Phase 1 of the project would consist of 125 units (12 storey condo /podium building), 7,000 sq. ft. of King Street retail and 80 City parking spaces, with sales to begin in spring 2008 and construction in fall 2008. The 2nd phase consists of 276 units (18 storey condo /podium building) and the balance of City parking spaces, with sales to begin in fall 2008 and construction in 2009. The 3rd phase will be redevelopment of the Mayfair Hotel with construction anticipated in 2010. Mr. Smith commented that he believed the proposal meets the objectives of the City and, if accepted, will provide substantial benefit to the community. He concluded that Andrin is committed to ongoing consultation throughout the summer. Councillor J. Gazzola inquired as to what impact the comments from the public consultation would have and was advised that all comments received would be reviewed by Andrin and the Centre Block Steering Committee, and assessed along with the merits of the proposal. A report, with recommendation, is anticipated to then come forward in late August /early September for Council's consideration. Councillor Gazzola inquired as to when the financial implications would be known and was advised that this will be part of the report coming forward in the Fall. Councillor Gazzola raised concerns as to how the public would be able to make a decision without knowing the financial implications. Ms. C. Ladd advised that pursuant to the Terms of Reference, financial arrangements will be negotiated during the evaluation process and accordingly, will not be known until the final proposal is brought forward. She pointed out that this will be a Council decision; however, Andrin is open to assessing public input and will take same into consideration of the final proposal. Councillor Gazzola inquired if the open space would come into City ownership and was advised that the interior courtyard will belong to the condominium corporation but there will also be a publicly accessible landscaped courtyard into the underground parking structure. Mayor C. Zehr commented that it was important to remember that this is primarily a private sector development with the City participating in the parking component and public portion of the courtyard. Councillor B. Vrbanovic requested further clarification of environmental features proposed and was advised that the green roof's primary objective is to produce benefits into the micro-climate; ie. reduce heating /cooling emissions, and will not be accessible to either condominium residents or the public. In regard to LEED certification, a number of initiatives are planned to strive toward at least basic certification. Mr. Klein stated that while it is important to be environmentally responsible it is also important to be fiscally responsible. He added that it is more difficult to achieve gold or silver certification in residential developments and therefore, they are looking to build a practical structure to ensure a marketable end-product. Mr. Mitchell Fasken, Kimshaw Holdings Limited, attended in support of Clause 21 of the Development & Technical Services Committee report, dealing with approval of Zone Change Application ZC 07/10/K/JB (410 King Properties Limited and 45 Victoria Street Limited - 410 King Street West). Mr. J. Willmer, Director of Planning, referred to the condition of approval requiring documentation from the Ministry of Environment prior to three readings of the zoning amending by-law, in respect of their position on removal of the Holding Provision. Mr. Willmer advised that the documentation has been received and accordingly, the zoning amending by-law may proceed for three readings this date. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 21 of the Development & Technical Services Committee report of this date be adopted." Carried. Ms. L. Stecho, Supervisor of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Scott Ortelli, Lafarge Paving & Construction Ltd., was registered as a delegation concerning Tender T07-036 (Hot Mix Asphalt), but was not in attendance this date. Councillor J. Gazzola requested an explanation as to the rationale used in deriving the boundary between the successful bidders for the hot mix asphalt contract. Mr. Scott Berry, Manager of Maintenance Operations, provided a map illustrating the boundary line, noting that Larfarge is located outside the City limits to the furthest point south-west, while TCG Asphalt & Construction Inc. is COUNCIL MINUTES JUNE 25, 2007 - 156 - CITY OF KITCHENER located within City limits at the furthest point north-east. Mr. Berry advised that while Lafarge was the low bidder, when traveling costs were factored in with City operating costs, it was determined that splitting the contract as recommended was more economical given the distance at which Lafarge is located from the north-east sector of the City. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Tender T07-036, Hot Mix Asphalt, be awarded to Lafarge Paving & Construction Limited, Petersburg, Ontario, TCG Asphalt & Construction Inc., London, and Innovative Municipal Products Inc., Ajax, Ontario, at their tendered unit prices, including G.S.T. & P.S.T." -and- "That Tender T07-053, Guelph Street Road Reconstruction and Guelph Street Storm Sewer Outlet (Moore Avenue to Ellis Avenue), be awarded to J. Weber Contracting Limited, Breslau, Ontario at their tendered price of $2,846,846., including provisional items and contingency of $159,880. 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 the City of Kitchener piggyback onto the Region of Waterloo Contract, P2006-11 - Integrated Supply Contract for Janitorial Cleaning Chemical Products, which was awarded to Wood Wyant Inc, Pickering, Ontario, for a three (3) year period, with an option to renew for an additional two (2) one (1) year periods." -and- "That Council approves the request from Facilities Management to proceed with a prequalification process to select a minimum of seven roofing contractors to be used on City projects for a period of three years, with an option to renew for an additional two (2) one-year periods." -and- "That the deferred portion of Proposal P06-097, Playground - Doon Mills Community Park, be awarded to Henderson Recreation Equipment Limited, Simcoe at their proposed price of $34,918.76, including P.S.T. & G.S.T." Carried. Mr. Derek Valant, resident of Dekay Street, attended in opposition to Clause 10 of the Development and Technical Services Committee report dealing with installation of sidewalks on Emma Avenue. Mr. Valant noted that Emma Avenue is awell-established street running only 70 m in length between Dekay Street and Moore Avenue. He stated that all 4 property owners on Emma Avenue are opposed to sidewalk installation, along with a number of area residents who have signed a petition. He raised concerns related to safety, winter maintenance and loss of parking as it relates to the proposed narrowing of the street and was of the opinion, having City staff clear snow from the proposed sidewalk would set a dangerous precedent. To his knowledge, there have been no pedestrian incidents in the area and he did not understand why the City was proceeding with sidewalk installation when so many area residents were opposed. Ms. A. Pappert advised that Community Services Operation's staff reviewed the matter of clearing snow from the proposed sidewalk, and are opposed to doing so because of the precedent it would set and the financial /operational challenges it would create. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 10 of the Development and Technical Services Committee report was brought forward for consideration to approve installation of a sidewalk on the north side of Emma Avenue. Councillor J. Gazzola inquired as to the impact of not installing the sidewalk. Mr. J. Witmer, Director of Building, advised that a sidewalk on the north side of Emma Avenue is proposed in keeping with COUNCIL MINUTES JUNE 25, 2007 - 157 - CITY OF KITCHENER the City's policies on sidewalks, Pedestrian Charter and neighbourhood design. He pointed out that if not installed at this time, in future should traffic patterns change and a closed school in the area re- open there would be no opportunity to install sidewalks without impacting property frontages and landscaping. The sidewalk is proposed now to allow the work to be done in combination with planned road reconstruction in the area and the north side has been chosen having the least impact to property. Councillor G. Lorentz suggested that the entire Sidewalk Policy should be reviewed, especially in respect to older, established streets and criteria added for not having sidewalks installed in certain circumstances. In response to questions, Mr. J. Witmer suggested that the road width could still be narrowed and the sidewalk area left as boulevard until such time as a sidewalk was deemed necessary or the existing road width could remain but in future if the property owners wished to have a sidewalk it would have impact to their frontages. Mayor C. Zehr and Councillor C. Weylie agreed that the sidewalk should not be installed given this is an older, established street with only 4 properties and having City staff clear the sidewalk would set a negative precedent. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 10 of the Development and Technical Services Committee report of this date be adopted." Motion Lost. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That no sidewalk be installed on either side of Emma Avenue." Carried. At the request of Mayor C. Zehr, staff was directed to review sidewalk protocols for established neighbourhoods and report to a future Development and Technical Services Committee meeting. Mr. Dave Lamka, A to Z Signs, attended in regard to Clause 24 of the Development and Technical Services Committee report, dealing with a proposed new Sign By-law (Development and Technical Services Department report DTS-07-056). Mr. Lamka circulated a written statement outlining his opposition to new regulations for portable signs and advised that he had nothing further to add. Council also considered a letter dated June 20, 2007 from the Kitchener-Waterloo Real Estate Board, outlining concerns related to commercial real estate signs, v-shaped signs and banner signs. Mr. Brian Page, Supervisor of Site Plan Development, circulated a memorandum (B. Page), dated June 22, 2007, outlining a number of modifications to the staff recommendation and proposed by-law contained in report DTS-07-056, to address concerns raised by representatives of the industry, including: • deletion of Clause G of the staff recommendation; • modification to the definition of "ground supported sign"; • modification to Clause 66 of the proposed by-law to increase the display period for election campaign signs; • deletion of Clause 96 of the proposed by-law; • modification of Clause 152(b) of the proposed by-law regarding separation distances for portable signs; and, • modification to the "Enforcement Fees" section of the proposed by-law regarding the removal and storage fee for election campaign signs. Mr. Page displayed photographs of ground and pylon signs to illustrate concerns with respect to the current 10m separation distance versus a 15m, 20m and 25m distance separation. He stated that it is staff's opinion the proposed 25 m distance separation offers the best viewing opportunity to COUNCIL MINUTES JUNE 25, 2007 - 15$ - CITY OF KITCHENER pedestrians and motorists. He added that on review staff has determined that approximately 40 properties may loose their pylon signs as opposed to the 100+ indicated by the industry. Mr. Page also displayed examples of real estate signs, advising that staff are willing to consider modifications to the proposed by-law to permit use of projecting signs by the industry. Mr. Shayne Turner, Director of By-law Enforcement, reiterated the need for Enforcement staff to have ability to remove non-compliant signs without notice in situations where they create a safety hazard. Mr. B. Page stated that staff is willing to leave the 10m distance separation in place at this time provided staff is permitted to further consider this matter as part of the follow-up review of the new Sign By-law at the end of its first year of implementation so that any changes deemed appropriate can be included in a subsequent report to Council. Councillor G. Lorentz referred to concerns raised by Mr. Lamka regarding locational maps for placement of signs. Mr. Page advised that staff have worked with Mr. Lamka to assist him in determining the correct location of signs for which he has been issued a permit. Mr. Lamka has also been offered the use of the City's GIS system but is not inclined to take advantage of this technology. He added that while it is not staff's responsibility to pinpoint sign locations on private property, staff is working with students on a program to assist in this manner, however, this will take some time to complete given 1000+ sites to be measured. Mr. Page advised that he and his staff are willing to work with Mr. Lamka as needed to assist him in placement of his signs. Councillor Lorentz then inquired as to the rationale for proposing to erect election campaign signs on September 1 versus October 1. Mr. S. Turner stated that this was a request from a delegation at the June 18 Development and Technical Services Committee meeting and as there is no compelling reason not to extend the timeframe staff are recommending the request be accommodated. Councillor Lorentz requested staff to comment on Mr. Lamka's concerns regarding proliferation of portable signs on plaza sites. Mr. Page advised that regulations limit the areas where this type of sign can be placed, permitting only one per site and not within a landscaped bed or visibility triangle. It was his opinion the new regulations will reduce existing numbers. Mayor C. Zehr commented that dependent on the level of comfort with the information provided to date, further deferral of this matter was an option. Councillor J. Gazzola suggested that the matter should be further deferred to allow an opportunity for Council to consider the information and make further inquiries for clarification of the issues raised. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 24 of the Development and Technical Services Committee report of this date be adopted, as amended, to provide that consideration of the proposed new Sign By-law be deferred to the September 17, 2007 Council meeting to allow Council an opportunity to consult with staff and community stakeholders to gain clearer understanding of the issues and for a comprehensive recommendation to be brought forward incorporating all modifications to date." Carried. Mayor C. Zehr requested that when the matter comes back to Council, that staff provide a comprehensive recommendation incorporating all modifications proposed to date. Mr. John Paterson attended to request an exemption to Chapter 502 (Adult Entertainment Parlours) of the Municipal Code, to allow him to open an Adult Video store at 600 Fairway Road South. Council received this date a memorandum (R. Gosse), dated June 25, 2007 in regard to Mr. Paterson's requested exemption, in which it was noted that Mr. Paterson's application for a business licence was denied as the business location does not meet the requirement of a 400m distance from another adult parlour. Another retail store (The Stag Shop) is located at 10 Manitou Drive within 400m of the subject property. It was noted that the distance separation is measured from property line to property line rather than door to door. Mr. Paterson advised that the proposed location is Unit C within a small commercial plaza, located discreetly at the rear of the plaza with no direct exposure to the street. He gave assurances that materials are blocked from view and no garish pictures, graphics, flashing lights or suggestive COUNCIL MINUTES JUNE 25, 2007 - 159 - CITY OF KITCHENER wording is displayed on the exterior of the store. He pointed out that there are two other locations that comply with regulations but are not desirable as they are surrounded by residential uses. He stated that he mistakenly assumed the distance separation was measured door to door, advising that if measured door to door the location exceeds the 400m distance requirement. He pointed out that he has already committed to a lease, completed leasehold improvements and for the reasons stated, asked that an exemption be granted. In response to Councillor J. Gazzola, Mr. Paterson advised that door to door the distance separation is approximately 420m; the 2 compliant locations are on Courtland Avenue East and Kingsway Drive, both surrounded by residential uses; and he has completed approximately $120,000. in leasehold improvements, which does not include investment made by the landlord. Mr. J. Willmer provided rationale for the manner in which the distance separation is measured, advising that the measurement is applied from property line to property line because of the ability for the business operator to move from one unit to another within the plaza without notification to the City and even if the license was issued to a specific unit number, the unit numbers can also be changed at will by the property owner without having to notify the City. Councillor B. Vrbanovic inquired as to the impact of granting the exemption. Mr. R. Gosse advised that exemptions have been granted in the past in regard to distance separation for other types of businesses. He suggested that a precedent could be set in this instance and may create difficulty with any other business having been denied an exemption. Councillor Vrbanovic recalled instances where exemptions have been granted in the case of hot dog vendor locations where the other business operator was contacted to determine any objection they may have. He asked if that had taken place in this instance. Mr. Gosse stated that there is a difference as it relates to hot dog vendors in that, it involves the potential for unfair competition and loss of business to the existing operator. In this instance, he pointed out that the distance separation is primarily to avoid clusters of this type of business in any one area. Councillor J. Gazzola commented that notwithstanding the intent of the by-law, in this instance he could support an exemption as he considered the distance separation reasonable and the location within a commercial district more suitable. Councillors B. Vrbanovic and G. Lorentz agreed, commenting that in this situation clustering is not a factor and the location is accessible without impact to residential neighbourhoods. Mayor C. Zehr stated that he could not support the exemption based on the potential precedent being set for this type of business. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Mr. John Paterson be granted an exemption from Chapter 502.3.4 (Class B -Location restrictions Adult Entertainment Parlours) of the Municipal Code, to allow for a Class B adult video store to be operated at 600 Fairway Road South, Kitchener." Carried. Mr. Albert Norris was registered as a delegation to speak to Clauses 2 and 3 of the Community Services Committee report, dealing with matters related to Your Kitchener Market, but was not in attendance this date. Ms. Anita Petsche, Petsche Shoes, attended in regard to Clause 9 of the Development and Technical Services Committee report, concerning a proposed preferred streetscape solution for King Street. Ms. Petsche raised concerns with the pedestrian-first concept of the preferred solution, to widen sidewalks by further narrowing the road width of King Street and the potential loss of on-street parking spaces. Ms. Petsche stated that affected businesses were not contacted directly and she, in conjunction with the Kitchener Downtown Business Association (KDBA), is currently conducting a door-to-door survey. Of the 75 businesses contacted to date, all have expressed the importance of having on-street parking for viability of their businesses. She expressed the opinion the preferred solution will have a direct negative impact to businesses and stressed the value in having free downtown parking and more handicapped spaces. Ms. Petsche cited downtown Waterloo as an example of a thriving downtown, having smaller sidewalks, a 4-lane road width and ample parking. She added that short term visitors attending a specific location are not interested in leisurely strolls but rather want an accessible parking space for ease of access to the business. She stated that Downtown businesses need on-street parking to compete with large plazas and asked that COUNCIL MINUTES JUNE 25, 2007 - 160 - CITY OF KITCHENER consideration be given to striking a balance between pedestrian and business needs under Concept 1. Ms. Petsche responded to questions advising that the survey is not yet complete, with the 75 already contacted representing approximately half of the affected businesses. Mayor C. Zehr commented that the KDBA was consulted but at the time was experiencing a change in staffing and suggested this may be the reason why businesses were not directly consulted. Ms. Petsche acknowledged that the KDBA Board was involved in the process but individual businesses have not had an opportunity to comment directly. She asked that Council look more fully at past literature which suggests that there is a need to bring back vehicular traffic to King Street. Ms. S. Wright, Manager of Downtown Community Development, advised that during the consultation process it was discussed that the Downtown should be destination oriented, recognizing that pedestrians are customers too. She agreed that the businesses are an important stakeholder and further detailed consultation is planned over the summer during which time the preferred concept will be analyzed and any modifications made to suit the needs of all stakeholders. Councillor B. Vrbanovic referred to closing of King Street for special events and Ms. Petsche stated that businesses have no difficulty with periodic closings of King Street but do not want the road width to be narrowed or parking spaces eliminated. Councillor J. Gazzola suggested that because the businesses have not had an opportunity to provide input it would be premature to make a decision this date. Mayor C. Zehr stated that timing was an issue and in order to allow the process to move forward, suggested that paragraph 3 of the recommendation be modified to provide that consultation with Downtown businesses take place prior to the report coming back to the September 24, 2007 Development and Technical Services Committee meeting. Ms. C. Ladd stated that, at this time, the project is only at the conceptual stage and urged Council to allow the process to proceed so as not to discount significant input already given by many others. She stated that moving forward staff will ensure that all stakeholders are involved in reviewing and refining the design of the preferred concept. Councillor B. Vrbanovic agreed with Mayor Zehr's suggested modification to the recommendation and asked that as part of the functional design review, consideration be given to the impact of spreading construction over 2 years as opposed to completion in 1 year. Councillor J. Gazzola raised concerns that the first paragraph suggests approval of Concept 3. Mayor C. Zehr suggested, and it was agreed, to add the phrase "in principle" to ensure it is understood that final approval has not yet been given to proceed with the preferred solution. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 9 of the Development and Technical Services Committee report of this date be adopted, as amended, to provide for approval of Concept 3 `in principle' and for additional dialogue to take place with affected property /business owners prior to staff's report back to the September 24, 2007 Development and Technical Services Committee meeting." Carried. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning, attended in regard to Clauses 17, 18 and 19 of the Development and Technical Services Committee report advising that his clients were in agreement with the recommendations of the Committee. Councillor K. Galloway inquired as to the route to be used during construction of the subdivision. Mr. Willmer advised that the predominant route for construction vehicles is to be Robert Ferrie Drive and Doon South Drive but there is limited flexibility in certain cases where it makes sense to use another route. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clauses 17, 18 and 19 of the Development & Technical Services Committee report be adopted." Carried COUNCIL MINUTES JUNE 25, 2007 - 161 - CITY OF KITCHENER Mayor C. Zehr advised that notice was given that Council will consider this date, three by-laws to change the name of part of Glasgow Street and change the name of Old Chicopee Drive. On invitation by Mayor C. Zehr, no one came forward to speak to these by-laws. Council considered this date Chief Administrator's Office report CAO-07-034 (R. Regier), dated June 20, 2007, concerning the 2007-2010 Economic Development Strategy, dated June 2007. Mr. Rod Regier, Executive Director of Economic Development, provided a brief overview of the changes made to the Strategy since June 11, 2007 when it was presented in draft form to Council at a special strategic session. He noted the focus of the Strategy is a shared vision for Kitchener's economy. He also noted that in the draft Strategy there were "10 best bets" but in the report currently before Council, there are now 12. The two additional initiatives are: develop a business attraction and marketing program to attract key retailers and services to the Downtown; and, develop a vision for Mackenzie King Square. Councillor J. Gazzola expressed concerns that the Strategy does not deal with the negative perception of the Downtown as unsafe and a place for transients. Mr. Regier pointed out that the Economic Development Strategy is focused on attraction and retention of new businesses as a means of developing a stronger economy. Ms. C. Ladd advised that the strategy is a long-term strategy to develop businesses within the City and not an operational plan. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the 2007-2010 Economic Development Strategy be approved, in the form shown as attached to Chief Administrator's Office report CAO-07-034, including but not limited to, the economic development vision, six economic development objectives, and 12 best bets for new initiatives in 2007 - 2008; and further, That the scope of funding notionally allocated under the Economic Development Investment Fund for employment land development be expanded to adopt a broader definition of employment land by including raw Greenfield lands as well as the renovation and reuse of existing buildings for employment." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Audit Committee be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted. Carried. Council considered this date Chief Administrator's Office report CAO-07-036 (H. Gross), dated June 25, 2007, concerning Clause 10 of the Finance and Corporate Services Committee report dealing with the business case peer review for the Consolidated Maintenance Facility. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, it was agreed to amend Clause 10 of the Finance and Corporate Services Committee report by deleting the phrase "within the City of Kitchener" at the end of Option 1 and replacing it with the phrase "at 131 Goodrich Drive". Council considered this date a memorandum (S. Wright), dated June 21, 2007, concerning Clause 11 of the Finance and Corporate Services Committee report dealing with the interest rate for the combined Fagade /Interior Loan /Upper Storey Renovation Program. The memorandum provides additional information in response to questions raised by the Finance and Corporate Services Committee. COUNCIL MINUTES JUNE 25, 2007 - 162 - CITY OF KITCHENER In response to Councillor J. Gazzola, Ms. S. Wright, Manager of Downtown Community Development, advised that originally a 0% interest rate was proposed for years 2005 and 2006, with the interest rate increasing to prime plus 0.5% in 2007. She added that the increased interest rate was to apply only to new applications beginning in the 3rd year; however, it is now proposed to continue with a 0% interest rate. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 10 -Carried Unanimously, as Amended. Clause 11 -Carried. Balance of report -Carried. Council then considered Chief Administrator's Office report CAO-07-037 (H. Gross / L. MacDonald), dated June 25, 2007, concerning an Option /Letter of Intent with TC MidAtlantic Development Inc. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the Mayor and Clerk be authorized to execute an Option/Letter of Intent with TC MidAtlantic Development, Inc. to purchase land at 131 Goodrich Drive, Kitchener, said Option/Letter of Intent to be satisfactory to the City Solicitor." Carried Unanimously. Councillor B. Vrbanovic left the meeting at this time. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Council considered a memorandum (D. Gilchrist), dated June 25, 2007, concerning Clause 8 of the Development and Technical Services Committee report, dealing with Municipal Plan Amendment Application MP06/01/G/TMW and Zone Change Application ZC06/06/G/TMW. The memorandum outlines a request to replace existing Clause 8 with different wording to correct a clerical error. In regard to Clause 11 of the report, dealing with sidewalk installation on Sunny Meadow Court, Mr. J. Witmer advised that Mr. G. Murphy, Director of Engineering, had met with area residents and they are now satisfied to proceed with the sidewalk installation. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend Clause 11 of the report by deleting the deferral paragraph and adopting the staff recommendation contained therein. In regard to Clause 22 of the report, dealing with traffic calming issues on Pioneer Drive, Mayor C. Zehr advised that Mr. J. McBride, Director of Transportation Planning, has had further discussion with the area residents and they are satisfied with the approach being taken. The Development and Technical Services Committee report was then voted on Clause by Clause. Clauses 8 & 11 -Carried, as Amended. Clauses 9 and 24 -Dealt with under Delegations and Carried, as Amended. Clause 10 -Dealt with under Delegations and Motion Lost. Clauses 17, 18, 19 & 21 - Dealt with under Delegations and Carried. COUNCIL MINUTES JUNE 25, 2007 - 163 - CITY OF KITCHENER Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the Community Services Committee report be adopted." Council considered this date a memorandum (A. Pappert), dated June 22, 2007, concerning Clause 5 of the report, dealing with the interim process for 2008 annual operating and minor sports grants. The memorandum provides additional information concerning the following organizations: K-W Performing Arts Association /Theatre & Company; Social Planning Council of Kitchener-Waterloo; and Homer Watson House & Gallery. In regard to Clause 1 of the report, dealing with improvements to the Kitchener Memorial Auditorium Complex Dom Cardillo seating bowl by the Kitchener Rangers Hockey Club, Ms. K. Kugler advised that the term of an agreement with the Rangers extends to 2011, with an option to renew to 2016. The Community Services Committee report was then voted on Clause by Clause. Clause 1 -Carried. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the Heritage Kitchener report be adopted." Carried. Mayor C. Zehr advised that at the June 18, 2007 Finance and Corporate Services Committee meeting Councillor K. Galloway had raised a concern with respect to a proliferation of Fence By-law infractions. While not specifically stated at the time, it was his opinion that Councillor Galloway's intent was to give notice to introduce a motion at this evenings meeting in respect to her concerns. Accordingly, Mayor Zehr ruled that notice had been given and the matter was brought forward for consideration. Council was in receipt this date of Development and Technical Services Department report DTS-07- 116 (J. Willmer / S. Turner), dated June 21, 2007, recommending that corner lot owners having wooden privacy fences in violation of the City's Fence By-law be advised not to apply for a variance to the Committee of Adjustment but rather bring their fences into conformity and that staff increase efforts to build community awareness of the regulations of the by-law. A motion by Councillor K. Galloway, seconded by Councillor J. Smola, was brought forward for consideration to provide a new category for corner lot fence variances to the Committee of Adjustment with a $100 fee and for staff to be proactive in efforts to build community awareness of the regulations of the Fence By-law. Councillor J. Gazzola spoke in opposition to the motion, stating that it impacts the entire community rather than just one area and accordingly, it was his opinion the issue should be considered more fully before a decision is made. Councillor K. Galloway advised that she originally intended that the entire City be included and that Laurentian West was only cited as an example. Mr. J. Willmer stated that problems occur when a complaint is lodged against one property owner, who in turn complains of others, which then creates significant issues with enforcement. Mr. Willmer pointed out that the current fee of $400. for a fence variance does not fully cover the City's administrative costs and he cautioned that a reduced fee may give the impression that it is okay to build first and ask forgiveness later. He pointed out that the regulations for corner lots are in place to address issues of safety and aesthetics, noting that where an adjoining lot has a driveway next to a corner lot, visibility is impeded to oncoming pedestrians and motor vehicles. This potentially could be the situation under which a property owner paying the reduced fee would expect approval of a COUNCIL MINUTES JUNE 25, 2007 - 164 - CITY OF KITCHENER variance. Mr. Willmer also noted that the required setback allows the property owner space to landscape, whether with lawn grass or shrubs, which enhances the streetscape. Mr. Willmer concluded that the desired result can be achieved without requiring submission of variance applications, by allowing staff to actively enforce the Fence By-law and increase efforts to build community awareness. Councillor K. Galloway stated that it was not her intention to have corner lot fences in violation of the by-law approved, acknowledging that they should be considered by the Committee of Adjustment in regard to any safety concerns. She asked that of the photographs provided, if they were all properties located in Laurentian West or spread throughout the City. Mr. J. Willmer advised that they were throughout the City, identifying several located in Laurentian West and in particular, noting the positive effect of one with proper setbacks and landscaping. He suggested that consideration should also be given to the disservice to those who have complied with the regulations. Councillor K. Galloway expressed the opinion that the City has not done due diligence in informing residents of the Fence By-law requirements, stressing the importance of doing so in the interest of good customer service. Councillor J. Gazzola reiterated his concerns that the issue has far-ranging impact and should not be dealt with in isolation. Mayor C. Zehr advised that he could not support the proposed reduction in fee for the reasons given by Mr. Willmer but was supportive of increasing efforts to inform the community. He noted that an article is usually placed in the spring issue of Your Kitchener newsletter and was a good venue to promote awareness. He added that responsibility ultimately lies with the property owner and it is incumbent on the property owner to find out what the regulations are. Councillor G. Lorentz disagreed that a reduced fee would infer automatic approval as an application must still be submitted to the Committee of Adjustment. He suggested that another avenue to inform residents would be through a flyer in Utility billings. Moved by Councillor K. Galloway Seconded by Councillor J. Smola "That a new category be formed for corner lot fence variances with the Committee of Adjustment, with a fee of $100. be approved; and further, That staff be proactive in their efforts to build community awareness of the regulations of the Fence By-law." A recorded vote was requested. In Favour: Councillors G. Lorentz, J. Smola, K. Galloway and C. Weylie. Contra: Mayor C. Zehr and Councillor J. Gazzola. Absent: Councillor B. Vrbanovic Motion Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add the following by-laws for three readings this date: • consolidated Uniform Traffic & Parking By-law relative to Clause 2 of the Development & Technical Services Committee report; • extension of Interim Control By-law 2006-154 relative to Clause 13 of the Development & Technical Services Committee report; • Zoning Amending By-laws (ZC06/23/O/BS - 795 Ottawa Street and ZC06/24/Z/JB - 492 Zeller Drive) relative to Clauses 15 and 16 respectively, of the Development & Technical Services Committee report; • Municipal Plan Amendment and Zoning Amending By-laws (MP07/04/T/DR and ZC04/20/T/DR - 374 Tilt Drive) relative to Clause 17 of the Development & Technical Services Committee report; and, COUNCIL MINUTES JUNE 25, 2007 - 165 - CITY OF KITCHENER • Zoning Amending By-laws (ZC04/27/T/DR - 234 Tilt Drive and ZC04/28/T/DR - 230 Tilt Drive) relative to Clauses 18 and 19 respectively of the Development & Technical Services Committee report. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. (b) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (c) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (e) 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. (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (g) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (h) Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs. (i) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 4, 7, 10, 12 to 36, 38 to 40, 42 to 46, 48 to 52, 54 to 58, 60 to 63, 65 to 74, 76 to 83, 86 to 89, 91 to 96, 99 to 114, 116 to 118, 120 to 128, Registered Plan 58M-433 -Highland Road East (j) Being a by-law to exempt certain lots from Part Lot Control -Part of Lot 1, Registered Plan 58M-327- Fallowfield Drive. (k) Being a by-law to change the name of part of Glasgow Street to Countrystone Drive in the City of Kitchener. (I) Being a by-law to provide for the widening of part of Countrystone Drive as a public highway in the City of Kitchener. (m) Being a by-law to change the name of part of Old Chicopee Drive to Sims Estate Drive in the City of Kitchener. (n) Being a by-law to change the name of part of Old Chicopee Drive to Sims Estate Place in the City of Kitchener. (o) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 20, Registered Plan 1822 -Orchid Crescent. (p) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 20, Registered Plan 1822 -Orchid Crescent. (q) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 6, Registered Plan 58M-15 - Activa Avenue. COUNCIL MINUTES JUNE 25, 2007 - 166 - CITY OF KITCHENER (r) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 5, Registered Plan 58M-15 - Activa Avenue. (s) Being a by-law to amend Chapter 711 of the City of Kitchener Municipal Code regarding Open Air Burning. (t) To confirm all actions and proceedings of the Council. (u) Being a by-law to amend Interim Control By-law 2006-154 respecting the triplex use of lands, buildings or structures located generally within the R-5 zoned lands within the Central Neighbourhoods area. (v) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 795 Ottawa Street South Developments Inc. -Ottawa Street South. (w) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Tammy and David Straus -Zeller Drive. (x) Being a by-law to adopt Amendment No. 70 to the Municipal Plan -City of Kitchener - Doon Creek Ltd. -Tilt Drive. ty) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Doon Creek Ltd. - 374 Tilt Drive. (z) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Hallman Construction Limited - 234 Tilt Drive. (aa) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Barbara Gubler - 230 Tilt Drive. (bb) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 410 King Properties Limited and 45 Victoria Street Limited -King Street West and Victoria Street North. (cc) A by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. 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 K. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2007-110) COUNCIL MINUTES JUNE 25, 2007 - 167 - CITY OF KITCHENER (b) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2007-111) (c) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2007-112) (d) 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. 2007-113) (e) 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. 2007-114) (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. tBy-law No. 2007-115) (g) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. tBy-law No. 2007-116) (h) Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs. tBy-law No. 2007-117) (i) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 4, 7, 10, 12 to 36, 38 to 40, 42 to 46, 48 to 52, 54 to 58, 60 to 63, 65 to 74, 76 to 83, 86 to 89, 91 to 96, 99 to 114, 116 to 118, 120 to 128, Registered Plan 58M-433 -Highland Road East. tBy-law No. 2007-118) (j) Being a by-law to exempt certain lots from Part Lot Control -Part of Lot 1, Registered Plan 58M-327- Fallowfield Drive. tBy-law No. 2007-119) (k) Being a by-law to change the name of part of Glasgow Street to Countrystone Drive in the City of Kitchener. tBy-law No. 2007-120) (I) Being a by-law to provide for the widening of part of Countrystone Drive as a public highway in the City of Kitchener. tBy-law No. 2007-121) (m) Being a by-law to change the name of part of Old Chicopee Drive to Sims Estate Drive in the City of Kitchener. tBy-law No. 2007-122) COUNCIL MINUTES JUNE 25, 2007 - 16$ - CITY OF KITCHENER (n) Being a by-law to change the name of part of Old Chicopee Drive to Sims Estate Place in the City of Kitchener. tBy-law No. 2007-123) (o) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 20, Registered Plan 1822 -Orchid Crescent. tBy-law No. 2007-124) (p) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 20, Registered Plan 1822 -Orchid Crescent. tBy-law No. 2007-125) (q) Being a by-law to exempt cert ain lots from Part Lot Control -Part of Block 6, Registered Plan 58M-15 -Activa Avenue. tBy-law No. 2007-126) (r) Being a by-law to exempt cert ain lots from Part Lot Control -Part of Block 5, Registered Plan 58M-15 -Activa Avenue. tBy-law No. 2007-127) (s) Being a by-law to amend Cha pter 711 of the City of Kitchener Municipal Code regarding Open Air Burning. tBy-law No. 2007-128) (t) To confirm all actions and proceedings of the Council. tBy-law No. 2007- 129) (u) Being a by-law to amend Interim Control By-law 2006-154 respecting the triplex use of lands, buildings or structures located generally within the R-5 zoned lands within the Central Neighbourhoods area. tBy-law No. 2007-130) (v) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 795 Ottawa Street South Developments Inc. -Ottawa Street South. tBy-law No. 2007-131) (w) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Tammy and David Straus -Zeller Drive. tBy-law No. 2007-132) (x) Being a by-law to adopt Amendment No. 70 to the Municipal Plan -City of Kitchener - Doon Creek Ltd. -Tilt Drive. tBy-law No. 2007-133) ty) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Doon Creek Ltd. - 374 Tilt Drive. tBy-law No. 2007-134) COUNCIL MINUTES JUNE 25, 2007 - 169 - CITY OF KITCHENER (z) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Hallman Construction Limited - 234 Tilt Drive. tBy-law No. 2007-135) (aa) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Barbara Gubler - 230 Tilt Drive. tBy-law No. 2007-136) (bb) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 410 King Properties Limited and 45 Victoria Street Limited -King Street West and Victoria Street North. tBy-law No. 2007-137) (cc) A by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. tBy-law No. 2007-138) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:30 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 25, 2007 - 170 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the request of Laurel View Homes for an exemption from Council Policy I-1035, `Emergency Access Policy', in regards to the future development proposed on the lands legally described as Block 289, RP 58M-393 and Part Lot 117, GCT (municipally known as 258 Edgewater Cres), in the City of Kitchener, to allow a private road to be 204.2m in length from a public road, without an emergency access, be granted, in accordance with the following provisions: (a) That all dwellings be equipped with the Direct Detect Fire Monitoring System; and, (b) That all dwellings constructed beyond 150 metres of the intersection of the internal driveway with the public road be fitted with sprinkler systems; and further, That the request of Laurel View Homes for an exemption to Council Policy I-1147, clause 4.h.vi, `Street Naming, Addressing, Multiple Unit Identification Signs, Address/Street Name Changes', to allow the Multiple Unit Identification Sign to be located on the left side of the driveway entrance rather than on the right side of the driveway entrance, be granted. 2. That a consolidated Uniform Traffic and Parking By-law be adopted as outlined in Development and Technical Services Department report DTS-07-095. 3. That the Terms of Reference for the Kitchener Growth Management Strategy outlined in Appendix "A" to Development and Technical Services Department report DTS-07-103 be approved; and, That Councillor C. Weylie be appointed to the Growth Management Strategy Task Force as the representative of Council; and further, That Councillor J. Gazzola be appointed as the alternate representative of Council on the Growth Management Strategy Task Force. 4. That the City of Kitchener waive its normal procedure for the selection of consultants and retain The Walter Fedy Partnership as our Engineering Consultant to undertake the design and construction phases for the construction of the Hanson Avenue Extension and Block Line Road Extension; and further, That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and The Walter Fedy Partnership. 5. That subject to approval of Zone Change Application ZC05/08/K/TB and lifting of the Holding provision H9, and subject to the registration of condominium application 30CDM-06205 thus creating a new property line between 404 King Street West and 410 King Street West, the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the registered owner(s) of what is currently known as 404 and 410 King Street West, pursuant to Section 3.2.3.1.(8) of the Ontario Building Code, said agreement to permit a six storey residential apartment building with the limiting distances for the exposing building face being measured to a point beyond the property line on the adjacent property, known as 45 Victoria Street North, said limiting distance measurements to be approved by the Chief Building Official. 6. That the Regional Municipality of Waterloo 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 repaving of the intersection of Homer Watson Boulevard and Ottawa Street South in the City of Kitchener between the hours of 7:00 p.m. to 7:00 a.m., for the period from July 7, 2007 to July 8, 2007 or a rain date of July 28, 2007 to July 29, 2007. 7. That the City of Kitchener finance, in a manner and at an interest rate comparable to a local improvement, over a 10 year period, the installation of a storm sewer from 1561 Victoria Street North to the Kolb Drain outlet; subject to the following: COUNCIL MINUTES JUNE 25, 2007 - 171 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) That the property owner enter into an agreement in this regard, with the City of Kitchener, to be prepared by the City Solicitor, and registered on title of the subject property; and that the property owner pay all associated costs. 8. That Planning Staff in their processing of the Municipal Plan Amendment Application MP06/01/G/TMW and Zone Change Application ZC06/05/G/TMW not require the applicant to retain any land for future industrial uses. (As Amended) 9. That the preferred streetscape solution, Concept 3: Pedestrian Theme, be selected in principle for King Street; and, That City staff continue with the master plan process and project schedule outlined for King Street and the City Centre District; and further, That City staff report to the Development & Technical Services Committee on September 24, 2007, following additional dialogue with affected property /business owners, with functional designs for King Street and strategies for the City Centre District. (Dealt with under Delegations and Carried, as Amended) 10. That the City's normal policy of installing sidewalks on both sides of the street be waived with respect to Emma Avenue; and, That the width of Emma Avenue be reduced by 1.1 m to provide a minimum 6.1 m (face of curb to face of curb), a 1.5 m standard width sidewalk be installed behind the curb on the north side only, and four on-street parking spaces be eliminated; and further, That City staff who clear snow from the sidewalk along Moore Avenue, at Mount Hope Cemetery also clear the snow from this proposed sidewalk on Emma Avenue. (Dealt with under Delegations and Motion Lost) 11. That the City of Kitchener continue to endorse sidewalk installation which supports the Pedestrian Charter and the principles of accessibility, equity, health and well-being, environmental sustainability, personal and community safety and community cohesion and vitality which are used to ensure walking is a safe, comfortable and convenient mode of urban travel; and further, That the sidewalk on Sunny Meadow Court be installed in accordance with the registered subdivision agreement. (As Amended) 12. That Appendix A of Development and Technical Services Department report DTS-07-100 be amended to exclude Draft Plans of Subdivision 30T-97015 and 30T-03202, provided that the developer(s) provide an undertaking to install the sidewalks; and, That Planning staff be directed to modify the draft approved plans of subdivision outlined in Appendix A, as amended, of Development and Technical Services Department report DTS-07- 100, where and in a manner deemed appropriate by the Director of Planning, to include updated and/or revised draft approval conditions for the provision of sidewalks, to require on- street parking plans, to update environmental clauses, and to provide conditions for landowners to proceed independently of one other. These modifications to be implemented at such time as: COUNCIL MINUTES JUNE 25, 2007 - 172 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 12 (Cont'd) a. a landowner submits a written request to the City to modify their draft approved plan of subdivision, or b. City staff deem it appropriate and/or necessary to initiate a proposed modification to a draft approved plan of subdivision; and further, That Planning staff to notify the landowners of the draft approved plans of the City's intention to modify the draft approved plans of subdivision outlined in Appendix A of Development and Technical Services Department report DTS-07-100. 13. That Interim Control By-law 2006-154 be extended for an additional year in a form shown in the "Proposed By-law", dated June 11, 2007 attached to Development and Technical Services Department report DTS-07-105; and, That Planning Staff be directed to continue with the study of triplexes and multiple dwelling uses within the Central Neighbourhoods with a view to completing it prior to July 4, 2008; and further, That Planning staff submit a report with recommendations for Council's consideration at the conclusion of the study. 14. That the City initiated Zone Change proposing an amendment to Zoning By-law 85-1 to add three new Mixed Use Corridor zone categories to the by-law, (Low Intensity (MU-1 ); Medium Intensity (MU-2); and High Intensity (MU-3) Zones), be deferred to a future Development and Technical Services Committee meeting, pending further review by staff. 15. That Zone Change Application ZC 06/23/O/BS (795 Ottawa Street Developments Inc.) for the purpose of changing the zoning from Arterial Commercial Zone (C-6) with Special Use Provision 16U to Commercial Campus Zone (C-8) with Special Regulation Provision 462R to permit retail uses less than 1500 m2 on lands legally described as Lot 1, Registered Plan 1358 and Part Lot 2, Registered Plan 1027, designated as Parts 1, 2, 3 and 5 on Reference Plan 58R-900 (795 Ottawa Street South), be approved in a form shown in the "Proposed By-law" dated May 4, 2007, attached to Development and Technical Services Department report DTS- 07-079, without conditions. 16. That Zone Change Application ZC06/24/Z/JB (David and Tammy Straus - 492 Zeller Drive) for the purpose of changing the zoning from Agricultural Zone (A-1) to Residential Four Zone (R- 4) on lands legally described as Part 1, Plan 58R6658, Part Lot 11964, in the City of Kitchener be approved in the form shown in the "Proposed By-law", dated June 18, 2007, without conditions. 17. That the recommendations contained in Development and Technical Services Department report DTS-07-097, (Plan of Subdivision 30T-04204, Zone Change Application ZC 04/20/T/DR and Municipal Plan Amendment Application MP 07/04/T/DR), Doon Creek Ltd. - 374 Tilt Drive, be approved, subject to the following changes: That a new condition be added to Page 12 of report DTS-07-097 as Section 2.2.27: `That prior to registration the SUBDIVIDER agrees to implement improvements to Tilt Drive and Stauffer Drive, at the SUBDIVIDER'S cost, to the satisfaction of the Director of Engineering'; and further, That Zone Change Application ZC 04/20/T/DR be approved in the form shown in the "Proposed By-law" attached to an internal memo (D. Ross), dated June 18, 2007. (Dealt with under Delegations and Carried) COUNCIL MINUTES JUNE 25, 2007 - 173 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 18. That the recommendations contained in Development and Technical Services Department report DTS-07-098, (Plan of Subdivision 30T-04208 and Zone Change Application ZC 04/27/T/DR), Hallman Construction Ltd. - 234 Tilt Drive, be approved, subject to the following changes: That a new condition be added to Page 10 of report DTS-07-098 as Section 2.2.28: `That prior to registration the SUBDIVIDER agrees to implement improvements to Tilt Drive and Stauffer Drive, at the SUBDIVIDER'S cost, to the satisfaction of the Director of Engineering'; and further, That Condition 2.1.3.18 of report DTS-07-098 be deleted and revised as follows: `That prior to Registration, the SUBDIVIDER agrees to submit a Heritage Impact Assessment for the existing house located on Block 12 and municipally addressed 234 Tilt Drive, to be approved by the Director of Planning. Further, the SUBDIVIDER agrees to meet the City's Terms of Reference for the Heritage Impact Assessment, and to implement the approved recommendation(s) of the Heritage Impact Assessment, which may or may not require the reconfiguration and/or relotting of the Plan. The SUBDIVIDER agrees not to conduct any grading on Block 12 or apply for or be issued a building or demolition permit for the existing building on Block 12, municipally addressed 234 Tilt Drive, prior to the implementation of the approved recommendation(s) of the Heritage Impact Assessment; and further, That prior to any grading, the SUBDIVIDER'S Engineer and Cultural Heritage Planning Consultant confirm in writing, that the grading of lands other than on Block 12, would continue to provide the subdivider with the opportunity to conserve the existing house located on Block 12 and municipally addressed 234 Tilt Drive, in situ and in a way which retains the structural and cultural heritage integrity of the house'; and further, That Zone Change Application ZC 04/27/T/DR be approved in the form shown in the "Proposed By-law" attached to an internal memo (D. Ross), dated June 18, 2007. (Dealt with under Delegations and Carried) 19. That the recommendations contained in Development and Technical Services Department report DTS-07-099, (Plan of Subdivision 30T-04209 and Zone Change Application ZC 04/28/T/DR), Barbara Gubler - 230 Tilt Drive, be approved, subject to the following changes: That a new condition be added to Page 8 of report DTS-07-099 as Section 2.2.24: `That prior to registration the SUBDIVIDER agrees to implement improvements to Tilt Drive and Stauffer Drive, at the SUBDIVIDER'S cost, to the satisfaction of the Director of Engineering'; and further, That Zone Change Application ZC 04/28/T/DR be approved in the form shown in the "Proposed By-law" attached to an internal memo (D. Ross), dated June 18, 2007. (Dealt with under Delegations and Carried) 20. That the ultimate design and realignment of Glasgow Street west of Ira Needles Boulevard be determined through a future Environmental Assessment or Plan of Subdivision process; and, That in the interim the City of Kitchener accept the conveyance of the necessary lands from Ira Needles Commercial Centre Joint Venture (INCCJV) to create a `T' intersection at Glasgow Street and Ira Needles Boulevard; and, COUNCIL MINUTES JUNE 25, 2007 - 174 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 20. (Cont'd) That at such time as the lands required to create a `T' intersection at Glasgow Street and Ira Needles Boulevard are considered redundant or surplus to the City's needs, the lands are reconveyed back to the owner for nominal consideration; and, That the proposed realignment of Glasgow Street as illustrated by the drawing prepared by Stantec Consulting Ltd., dated May 28, 2007, with respect to Project No. 60310579 be considered as one of the alternative road realignments; and further, That City Staff be authorized to engage in discussions and negotiations with Hydro One towards acquiring surplus Hydro lands to facilitate the ultimate realignment of Glasgow Street, including engaging an appraiser representing the City's interest at the cost of the Ira Needles Commercial Centre Joint Venture and at no cost to the City. 21. That Zone Change Application ZC 07/10/K/JB (410 King Properties Limited and 45 Victoria Street Limited - 410 King Street West) for the purpose of changing the zoning from Warehouse District Zone (D-6) with Holding Provision 9H and Special Use Provision 1380 to Warehouse District Zone (D-6) with Special Use Provision 1380 on lands legally described as Part of Lots 58, 59, 111, 112, 113, 115, 116 and 117, and Part of Lane (closed by By-law 1493 registered as Instrument No. A-36735), Registered Plan 374, designated as Part 12 on Plan 58R-14293, in the City of Kitchener, be approved in the form shown in the "Proposed By-law" dated June 18, 2007, but should not receive three readings at Council until the City is either in receipt of a letter from the Ministry of Environment indicating that they have no concerns with the removal of the Holding Provision or such other documentation issued by the Ministry of the Environment acknowledging the terms under which residential use may occur. (Dealt with under Delegations and Carried) 22. That Transportation Planning continue to monitor Pioneer Drive with regards to speeding and vehicular volume; and, That volume and speed data be forwarded to the Waterloo Regional Police for enforcement; and, That staff schedule the City's Speed Advisory Program to educate drivers about speeding on Pioneer Drive; and further, That the Speed Advisory Program be made available to the residents of Pioneer Drive. 23. That a raised pedestrian crosswalk with curb extensions be installed on Chandler Drive at the north property limit of the Chandler-Mowat Community Centre; and, That an intersection narrowing be installed on Chandler Drive at Elmsdale Drive; and further, That two (2) speed humps be installed on Chandler Drive between Elmsdale Drive and Strasburg Road. 24. That the recommendations contained in Development and Technical Services Department report DTS-07-056, dated May 16, 2007, concerning adoption of a new Sign By-law (Chapter 680 of the Municipal Code) and all modifications proposed to date be referred for further consideration to the September 17, 2007 Council meeting, to allow Council further opportunity to consult with staff and community stakeholders to gain clearer understanding of the issues raised; and further, That staff provide a comprehensive recommendation incorporating all proposed modifications to the new Sign By-law at that time. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES JUNE 25, 2007 - 175 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That the Kitchener Rangers Hockey Club be authorized to proceed immediately with improvements to the Kitchener Memorial Auditorium Complex Dom Cardillo seating bowl, to add approximately 437 seats, at an estimated total cost of $1.4 M; and, That the City of Kitchener provide project financing of up to $1.4 M to the Kitchener Rangers Hockey Club, raised by way of a five-year debenture, with the associated principal and interest to be repaid by the Kitchener Rangers Hockey Club on an annual basis commencing in 2008; and, That the Mayor and Clerk be authorized to execute a Loan agreement, satisfactory to the City Solicitor, with the Kitchener Rangers Hockey Club based on the conditions outlined in Community Services Department report CSD-07-061, including terms to provide the Rangers with the full value of ticket revenue for their events for the new seats until such time as the Rangers' investment has been recovered (including capital costs and financing charges) following which the revenue will be proportioned based on the tenant agreement of the day; and further, That according to the City's signatory provisions, the City contract directly with the project mason who will act as a subcontractor for the project. 2. That staff continue to investigate the concept of an Arts and Culture Incubator Centre to maximize the use of the upper level of Your Kitchener Market on a transitional basis, as outlined in Community Services Department report CSD-07-063. 3. That staff actively pursue the potential of attracting a grocery retailer to operate at Your Kitchener Market and report back on the feasibility of alternate management models for the Market including gauging the level of interest from the private sector in assuming responsibility for the day-to-day operations of the Market. 4. That the recommendations outlined in the Leisure Access Card - Plan for Service Enhancement (Appendix A), attached to Community Services Department report CSD-07-023, that have no budget implications be approved; and further, That the budget requests associated with the Leisure Access Card -Plan for Service Enhancement be referred to staff for consideration and prioritization during Council's 2008 budget deliberations. 5. That the interim process implementation plan for the 2008 annual operating and minor sports grants, be approved as outlined in Community Services Department report CSD-07-060; and, That 2008 annual operating grants in the amount of $1,555,612., be approved subject to Council's 2008 budget deliberations, save and except those grants allocated to the following groups whereby approval is contingent on the provision of additional information to address concerns raised by the Community Services Committee: • Kitchener-Waterloo Performing Arts Association/Theatre & Company; • Social Planning Council of Kitchener-Waterloo; • Homer Watson House and Gallery; and, That 2008 annual minor sports grants in the amount of $680,180., be approved subject to Council's 2008 budget deliberations; and, That the 2008 general provision grant allocation of $100,000., be approved with any remaining funds in the 2007 general provision grant account to be carried forward to the 2008 general provision grant account; and further, COUNCIL MINUTES JUNE 25, 2007 - 176 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That for the 2008 calendar year only, the following provision of Council Policy I-596 (Grants- General Provision), be waived to allow those successful 2007 provisional grant recipients who may seek approval to be added to the annual operating grants stream, to remain in the provisional funding stream for a second year: `General provision grants are intended for one time funding only, for a specific event or project. Organizations seeking continual support are encouraged to seek other funding sources and not rely on grant funding from the Cify. Grant requests for ongoing support will be considered with the annual operating grant process.' 6. That aone-time Community Playground grant in the amount of $1,500., be approved to St. Anne Catholic Elementary School in 2007 to assist with costs related to the construction of a new primary and junior creative playground facilities to be located within the school campus. 7. That the Waterloo County Cycling Club be approved as an affiliated minor sport group under the City of Kitchener Minor Sport Affiliation policy; and further, That of the Waterloo County Cycling Club be approved as an insured group under the City's Minor Sports Third Party Liability Insurance program. 8. That the Mayor and Clerk be authorized to execute a Co-operative agreement, subject to the satisfaction of the City Solicitor, with Marmo Travel Club Inc. for 2007, as set out in Community Services Department report CSD-07-057; and further, That the General Manager of Community Services be authorized to renew this agreement annually, subject to the satisfaction of the City Solicitor. 9. That the Mayor and Clerk be authorized to execute a Co-operative agreement, subject to the satisfaction of the City Solicitor, with Lutherwood (55 Plus Employment Services) for 2007, as set out in Community Services Department report CSD-07-058; and further, That the General Manager of Community Services be authorized to renew this agreement annually, subject to the satisfaction of the City Solicitor. 10. That the recommendations of the City's Public Art Working Group and Arts & Culture Advisory Committee to approve and install the commissioned work by 2006 Artist-In-Residence, Philip Irish, entitled `Hidden Valley', be endorsed; and further, That the Mayor and Clerk be authorized to execute the Artist-In-Residence 2006 Commission agreement with Philip Irish, subject to the satisfaction of the City Solicitor, such agreement encompassing the terms set out in Community Services Department report CSD-05-136. 11. That aone-time Community Garden grant in the amount of $1000. ($500. cash and $500. in- kind services: transportation of topsoil) be approved to the Cherry Park Neighbourhood Association to assist with the start-up costs of the Willow Green Community Garden. 12. That Council support the Partnership agreement with KW Fastball Promotions Incorporated, satisfactory to the City Solicitor, for the purpose of hosting the 2007 International Softball Congress (ISC) World Tournament; and, That KW Fastball Promotions Incorporated be approved as an additional insured group under the City's Municipal Liability Insurance program for the purpose of hosting the 2007 ISC World Tournament, with said insurance to be in the amount of $5 M and subject to: i) the terms and conditions of Municipal Liability Policy, ii) the requirements outlined in the terms and conditions of the Partnership agreement; and, COUNCIL MINUTES JUNE 25, 2007 - 177 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 12 (Cont'd) That a grant in the amount of $3,000., to be funded from the 2007 general provisions grant account, be approved to assist with costs associated with co-hosting the Hall of Fame Breakfast; and further, That the City of Kitchener receives the appropriate level of recognition for sponsoring and partnering the 2007 ISC World Tournament. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the Offer to Purchase from Eastforest Homes Ltd. for Part 16 and Part 29 of Plan 58R-7426, be accepted, being a parcel of land in the Huron Park Business Park -Phase III, having an area of approximately 1.84 acres at a price of $195,000 per acre, for a total purchase price of $358,559.00; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction. 2. That $1,000. be allocated from the Environmental Stewardship Capital Account to the 2007 Ontario Environmental Advisory Committee Symposium Organizing Committee, representing the City of Kitchener's contribution to the Symposium. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Sherry) Petricevic at 170 Louisa Street, for a graduation party on Saturday, July 7, 2007, between the hours of 3 P.M. and 1 A.M. on July 8, 2007. 4. That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of Fatima Festival Committee for an event to be held September 1 & 2, 2007 at 1548 Fischer-Hallman Road, Kitchener, provided a building permit is obtained for the erection of any tents; and further, That the event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community. 5. That the request of Dandy's Restaurant, 85 King Street West, to extend the patio in front of their premises on July 13, 2007, as part of Cruise Night, sponsored by the City of Kitchener, be approved provided that once King Street re-opens at 11:00 p.m. the patio extension is removed to allow for pedestrians to use the sidewalk; and further, That the above approval be conditional upon the patio conforming to the sketch appended to the May 30, 2007 correspondence of Gus Bardouniotis, being an area approximately 18'x20' and accommodating 6 tables. 6. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Pho Son Lam located at 265 King Street East, applied for by Ngor Thi Lam (herein referred to as the "Applicant");and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should she be willing wherein the applicant agrees to abide by the following conditions and to request they be added to her licence if the Alcohol & Gaming Commission of Ontario (AGCO) chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; COUNCIL MINUTES JUNE 25, 2007 - 17$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) 3. to abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words, alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 7. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Ride the 9 located at 29 King Street East (basement) applied for by Allan Neil Mills (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the Alcohol & Gaming Commission of Ontario (AGCO) chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become a member of the Kitchener Downtown Business Licensed Establishments Entertainment Committee and attend its meetings; 3. to abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words, alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and the Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 8. That the Holy Trinity Serbian Orthodox Church be approved to operate a special event at Holy Trinity Serbian Orthodox Church, 700 Fischer-Hallman Road, Kitchener, on July 29, 2007 from 12 noon to 10 p.m. provided the necessary licence, including Health and Fire approvals is obtained; and, That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer- Hallman Road, Kitchener on July 29, 2007, from 12 noon to 10 p.m.; and further, That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity Serbian Orthodox Church for an event on July 29, 2007. 9. That the City's Project Manager process change orders and direct consultants to proceed with documentation to implement the following list of changes for Fire Hall No. 7 to improve the position of this building with respect to the LEED program: 1. Credit S.S. 7.2 Heat Island Effect (Roof) $23,000 2. Credit S.S. 8 Light Pollution Reduction $2,500 3. Credit E.A. 3 Best Practices Commissioning $1,200 COUNCIL MINUTES JUNE 25, 2007 - 179 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 9. (Cont'd) 4. Credit M.R. 2.2 Construction Waste Management $18,000 5. Credit E.Q. 3.1 IAO Management Plan $1,500 6. Credit E.O.3.2 IAO Testing Before Occupying $4,000 7. Credit E.Q. 4.1 to 4.3 Revision of Specifications $2,000 8. Credit I.D. 1.1 Innovation in Design Cistern $20,000 Total: $72,200. 10. That the Consolidated Maintenance Facility (CMF) Review completed by Stantec Consulting Ltd. (Project No. 1 1 4501 1 1 2) dated May 9, 2007 be received; and, That the fee paid to Stantec Consulting Ltd. for the study be increased from $175,055.60 to $202,413.48 (plus GST) as a result of scope changes approved by the Steering Committee; and, That a consultant selection process be initiated to retain a consultant at a fee not to exceed $95,000 plus GST to complete Part 2 of the Schedule C -Class EA Study which will result in the selection of a preferred model and site(s) for the new CMF; and further, That the following options be considered and evaluated in Part 2 of the Schedule C -Class EA study: Option 1: A one-site model on approximately 45 acres of privately owned redeveloped property at 131 Goodrich Drive. Option 2: A one-site or two-site model through a phased development approach on approximately 23 to 40 acres of privately owned land at or adjacent to #41 and #75 Ardelt Place. This option may need to be supplemented with City-owned site(s) if sufficient area does not become available. Option 3: A three-site model on approximately 62 acres (50 useable acres) on the following City- owned properties: • Elmsdale Operations Centre (8.7 acres) ^ Strasburg-Huron Industrial Site (37.7 acres of which 27.7 useable) ^ Battler Yard Site (15.8 acres). (As Amended) 11. That the interest rate for the Combined Fagade/Interior Loan/Upper Storey Renovation Program be continued at 0% for 2007 and 2008. 12. That pursuant to Section 283 of the Ontario Municipal Act, 2001 (the Act), one-third of the remuneration paid to the elected members of Kitchener Council continue as expenses incident to the discharge of their duties as members of the Council. 13. That the request for an extension to TSH Associates purchase order be approved for an enhanced level of public consultation for the Stormwater Management Program and Funding Review in the amount of $24,500; and further, That an additional $8,000 be allocated to the overall study budget for additional public consultation works and completion of the project. 14. That the request for an extension to Conestoga-Rovers and Associates purchase order be approved for project scope changes for the Guelph Street Reconstruction and Guelph Street Storm Sewer Outlet construction in the amount of $84,015.00. COUNCIL MINUTES JUNE 25, 2007 - 1$0 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL AUDIT COMMITTEE - 1. That the 2006 Annual Financial Report of the City of Kitchener be received. 2. That the proposed communications, marketing and graphic design support services for members of Council as outlined in Appendix `D' of staff report CAO-07-026 be received. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-004 (20 Seneca Drive) be approved, to permit the demolition of the existing garage and the construction of a new garage, subject to the design of the new garage shown in the plans attached to the application being modified through the removal of the return eaves and gable vent detail. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2006-V-014 (35 St. Clair Avenue) be approved, to permit the construction of a mud room addition to the rear/side of the existing dwelling, subject to the design of the addition being modified to provide for alean-to or shed style roof, rather than a gable roof as shown in the plans submitted with the application. COUNCIL MINUTES JUNE 25, 2007 - 1$1 - 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. Declaration of Surplus Lands -Activa Avenue It was resolved: "That the City declare surplus to its needs an easement over a portion of parkland, fronting on Activa Avenue, measuring approximately 3 metres by 11 metres, at the northeast corner of Park Block 30, Plan 58M-132 being Part 1 on Reference Plan 58R- 15780 to extend an existing easement to accommodate a New Nech remote switch unit to serve the nearby area; and further, That the Mayor and Clerk be authorized to execute a Transfer of Easement to Bell Canada, in a form satisfactory to the City Solicitor." 2. Fair or Exhibition Gaming Event Licence - K-W Oktoberfest It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from October 5 to October 13, 2007 at Bingeman's Marshall Hall, 425 Bingemans Centre Drive, Kitchener." 3. Various Tenders Dealt with under Delegations. 4. Committee of Adiustment Decisions Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held June 19, 2007. It was resolved: "That the application of Murray Bauman Investments Ltd. (Submission No. SG 2007- 006 - 800 Victoria Street North) requesting permission to erect a fascia sign having automatic changing copy to be located 17m (55.77') from the intersection of Bruce Street and Victoria Street, rather than the required 23m (75.45'), on Lot 48, Plan 763, 800 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the colour of lighting for this automatic changing copy sign shall be amber." -and- "That the application of McPherson Centre Ltd. (Submission No. SG 2007-007 - 305 King Street West) requesting permission to erect 2 roof signs on this building rather than the 1 roof sign permitted in the Sign By-law, on Part Lots 8 & 9, Plan 375, 305 King Street West, Kitchener, Ontario, BE APPROVED." -and- COUNCIL MINUTES JUNE 25, 2007 - 1$2 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Committee of Adjustment Decisions - tCont'd) "That the application of Fischer-Hallman Business Centre/Kingsley Developments (Submission No. SG 2007-008 - 715 Fischer-Hallman Business Centre) requesting permission to erect a fascia sign on the front elevation, to project 0.51 m (1.67') from the wall rather than the permitted 0.35m (1.14'), and permission to erect a canopy sign on the drive-through canopy to project 0.51m (1.67') from the canopy rather than the permitted 0.35m (1.14'), on Part Lot 47, German Company Tract, 715 Fischer-Hallman Road, Kitchener, Ontario, BE APPROVED." 5. Referral to Licensing Hearings -Various Alternative Massage Centres and Class D -Adult Entertainment Parlours Council considered Corporate Services Department report CRPS-07-095 (P. Harris), dated June 21, 2007. It was resolved: "That hearings be held under the authority of the Municipal Act, 2001, as amended, to determine whether or not to revoke, suspend or impose conditions as a requirement of continuing to hold an Alternative Massage Business Licence for the following Licensees: Artouch - 53 Madison Ave. N. Licence #20 07 000200 00 L6 Body & Soul - 91 Queen St. S., Licence #20 07 001662 00 L6 Ma Belle - 37 Bruce St., Licence #20 07 000144 00 L6 Oriental Pearl Health Spa - 778 King St. E. #20 07 000091 00 L6 WL Wellness Centre - 2934 King St. E., #20 07 000361 00 L6; and, That hearings be held under the authority of the Municipal Act, 2001, as amended, to determine whether or not to revoke, suspend or impose conditions as a requirement of continuing to hold an Adult Entertainment Parlour (Class D) Licence for the following Licensees: Ruby's Massage Studio - 1412 Victoria St. N., Licence #20 07 000397 00 L6 Phoenix Massage - 2271 Kingsway Dr., Licence #20 07 000885 00 L6; and further, That said hearings be held at Kitchener City Hall on dates to be determined during the period September to November, 2007 with all members of Council being appointed to sit as the Tribunal." 6. Adjournment of Licensing Tribunal - Roxxanne's Council considered Corporate Services Department repot CRPS-07-092 (R. Gosse), dated June 15, 2007. It was resolved: "That the licensing hearing in the matter of business licence No. 20 07 105538 00 L6, issued to 1685000 Ontario Ltd. operating as Roxxanne's Bar and Grill scheduled for June 28, 2007, be adjourned to September, 2007 on a date to be determined; and further, That the expiry date for business licence No. 20 07 105538 00 L6 be extended to September 30, 2007." COUNCIL MINUTES JUNE 25, 2007 - 183 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Pakistan Canada Association -Request to Sell Food and Merchandise at City Hall Council considered Corporate Services Department report CRPS-07-091 (R. Gosse), dated June 18, 2007. It was resolved: "That the request of the Pakistan Canada Association Waterloo Wellington Counties to sell food and merchandise at Pakistan-Canada Day on August 5, 2007 at Kitchener City Hall and the Forsyth parking lot be approved, provided the necessary licence, including Health approval, is obtained." 8. Licensing Hearing -1685034 Ontario Inc., ola Aromatherapy Holistic Centre - 951 Lancaster Street West. Unit 7 Council considered Corporate Services Department report CRPS-07-089 (P. Harris), dated June 18, 2007. It was resolved: "That the Manager of Licensing's decision to refuse the application of 1685304 Ontario Inc. to operate an alternative massage centre at 591 Lancaster Street West, Unit 7, Kitchener, Ontario be confirmed." 9. Demolition Control Application DC 07I04IBIAP -142 Boniface Avenue Council considered Development & Technical Services Department report DTS-07-115 (A. Pinnell), dated June 21, 2007. It was resolved: "That Demolition Control Application DC07/04/B/AP requesting permission to demolish one single detached dwelling located at 142 Boniface Avenue, owned by Richard and Donna Munn, legally described as Lot 155, Registered Plan 923, be approved, subject to the following condition: 1) That the owner obtains a building permit for the proposed single detached dwelling; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." COUNCIL MINUTES JUNE 25, 2007 - 1$4 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Amendment to Parking Licence Agreement -Barrel Works Market Residences Council considered Corporate Services Department report CRPS-07-094 (F. McCrea), dated June 21, 2007. It was resolved: "That the Mayor and Clerk be authorized to execute an amendment to the Condominium Parking Agreement, dated March 20, 2002, to include the updated legal description for the lands involved, adjust the dates for completion in accordance with the previously agreed to extensions, incorporate the revised fee schedule previously agreed to, provision for storage lockers and storage rooms that have been constructed and to clarify the logistics of segregating and assigning parking spaces to the Condominium residents and visitors, on terms and conditions satisfactory to the City Solicitor." 11. Hanson Avenue Athletic Complex -Public Art Council considered Community Services Department report CSD-07-067 (C. York), dated June 21, 2007. It was resolved: "That the commission of artwork titled "Re-flexions", by Allan Harding MacKay, be endorsed; and further, That the Mayor and City Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Allan Harding MacKay regarding the obligations of this commission." 12. Acknowledgement of the University of Waterloo's Faculty of Arts Partnership Arrangement with the Waterloo Regional Children's Museum Council considered Corporate Services Department report CRPS-07-096 (L. MacDonald), dated June 25, 2007. It was resolved: "That the City hereby acknowledges that the partnership arrangement proposed between the University of Waterloo's Faculty of Arts and the Waterloo Regional Children's Museum ("Children's Museum") is an appropriate ancillary use to that of the Children's Museum as contemplated in the Children's Museum Lease with the City; said acknowledgement subject to the terms and conditions set out in Corporate Services Department report CRPS-07-096." 13. Execution of Record of Site Condition Documentation Pertaining to any City- owned Lands Council considered Corporate Services Department report CRPS-07-097 (L. MacDonald), dated June 25, 2007. It was resolved: "That the Mayor and Clerk be authorized to execute, on behalf of The Corporation of the City of Kitchener, as owner, any documentation, necessary as part of the Record of Site Condition process, as set out in Ontario Regulation 153/04 or its successor, for any lands owned by The Corporation of the City of Kitchener, said documentation to be satisfactory to the City Solicitor."