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HomeMy WebLinkAboutCouncil - 2007-08-27COUNCIL MINUTES AUGUST 27, 2007 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor J. Smola. The meeting began with the singing of "O Canada" by Crystal borscht & Taylor Jaztrab, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held June 25, 2007 and special meetings held June 25 and August 13, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Councillor B. Vrbanovic advised that in the wake of devastation caused by the Indian Ocean tsunami in December 2004, the Federation of Canadian Municipalities (FCM) has managed a Municipal Co- operation Program to provide aide to those countries affected by the disaster, including Sri Lanka, Indonesia and Thailand. Councillor Vrbanovic then introduced a group of delegates from Sri Lanka, visiting as part of Kitchener's participation in the program, to gain hands-on knowledge of the City's operations; particularly, as it relates to municipal finance and accounting systems and how to apply same to their own municipal systems. Ms. P. Houston, General Manager of Financial Services & City Treasurer, and Ms. J. Evans, Director of Revenue, completed a mission to Sri Lanka to provide assistance with the restoration and improvement of the country's municipal finance and accounting practices. Councillor Vrbanovic advised that the program is funded by the Government of Canada through the Canadian International Development Agency, which has contributed $9M to the effort and FCM has contributed primarily through in-kind services. Mayor C. Zehr presented token gifts to the Sri Lankan delegates and expressed appreciation to City staff and Councillor Vrbanovic for their involvement in helping those countries affected to rebuild their municipal services. Councillor J. Gazzola referred to past twinning partnerships wherein an agreement was approved by Council and questioned if the partnership with Sri Lanka had ever been brought to Council for approval. Councillor B. Vrbanovic advised that this was not a twinning partnership but rather an individual project funded by the Government of Canada; but noted an earlier report considered by Council concerning a potential partnership with Ghana that has yet to be finalized. Mayor C. Zehr added that involvement of City staff in the Sri Lankan project speaks well of their abilities in that, a competition was held and participants were selected based on professional expertise and skills. Councillor J. Gazzola requested that he be provided with a copy of the report on the proposed twinning partnership with Ghana. Ms. C. Ladd referred to the City's announcement in early July to join in the Yellow Ribbon Campaign, allowing symbolic yellow ribbons to be affixed to municipal vehicles as a way of demonstrating support for the efforts of Canadian troops serving our country overseas. It was noted that the City purchased 750 yellow ribbons and Ms. Ladd acknowledged the efforts of Fire Chief Tim Beckett and Richard Parent, who were instrumental in ensuring that Kitchener was the first municipality in the Region to receive and install the yellow ribbons on City vehicles. Ms. Ladd added that C.U.P.E. Local 68 has also stepped up to assist in this campaign and introduced Union representatives, Bob Underwood and Rick Montag. Messrs. Underwood and Montag presented a cheque to Mayor C. Zehr for the purchase of 187 of the yellow ribbons, to be displayed on vehicles they operate in support of Canadian troops overseas. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed as item B.3 on the Committee of the Whole agenda. Council also considered a memorandum (R. Gosse), dated August 21, 2007, listed as Item B.2 on the Committee of the Whole agenda, relating to tenders approved by the Chief Administrative Officer during Council's summer recess. In regard to Tenders T07-005 (Road Reconstruction -Moore / Emma /Briar Avenues) and T07-061 (Clive Road Reconstruction), it was noted that while the tender price includes the cost of sidewalk COUNCIL MINUTES AUGUST 27, 2007 - 190 - CITY OF KITCHENER installation on Emma Avenue and Clive Road, these sidewalks will not be installed in accordance with Council direction and final project costing will reflect an appropriate price reduction. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Expression of Interest E07-041, Consultant Services -Bridgeport Community Centre Business Case, be awarded to Monteith Brown Planning Consultants, London, Ontario at their estimated fee of $39,498.52, including disbursements of $2,125. and G.S.T., based on a satisfactory contract being negotiated." -and- "That the City of Kitchener piggyback on the Regional Municipality of Waterloo's contract Proposal P2007-13 for Wireless Service and Hardware and be awarded to Bell Mobility Inc., Mississauga, Ontario at an approximate annual cost of $200,000. for three years, with an option to renew for one additional year." -and- "That Quotation 007-052, Exit Stair Addition - Breithaupt Centre, be awarded to Sax Construction Inc., Kitchener, Ontario at their quoted price of $124,338., including G.S.T., less $24,700. plus G.S.T. for the masonry portion of the contract; and further, That the City award the masonry portion of the contract to Kappeler Masonry Corporation, St. Jacobs, Ontario at their quoted price of $24,700., plus G.S.T." -and- "That Tender T07-061, Clive Road Reconstruction (Brentwood Avenue to Montgomery Road), be awarded to Bel-Air Excavating & Grading Ltd., Cambridge, Ontario at their tendered price of $1,090,924.33, including provisional items & contingency of $151,755. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T07-064 -Two (2) 72 kw (96 hp net peak power to ISO 9249) Standard All Wheel Drive, Rubber Tired Industrial Tractors with Front-End Loaders and Extendible Backhoes, complete to Specification CKF-254-2007, be awarded to Ontrac Equipment, Cambridge, Ontario at their tendered price of $207,188.16, including G.S.T. and P.S.T., plus optional Simlog excavator/backhoe simulator software with OEM controls at a cost of $8,037., including G.S.T. and P.S.T." -and- "That Tender T07-065, Hydraulic Excavator, complete to Specification CKF-250-2007, be awarded to Halnor Construction Equipment Ltd., Waterford, Ontario at their tendered price of $180,975., including G.S.T. and P.S.T." -and - "That Tender T07-071 -Two (2) Self-Propelled Ice Resurfacers, complete to Specification CKF- 74A-2007, be awarded to Zamboni Company Ltd., Brantford, Ontario at their tendered price of $191,588.40, including G.S.T. and P.S.T., less $23,000. for the trade-ins of units 956000 & 823." -and- "That Tender T07-073, City Hall Parking Garage Structural Repairs, be awarded to ConCreate USL Ltd., Bolton, Ontario at their tendered price of $461,086.22, including G.S.T., plus separate item 1) $37,000., plus G.S.T., for complete painting of P1 and P2 levels and separate item 2) $71,000., plus G.S.T., for concrete preparation and sealer level P2 slab on grade plus COUNCIL MINUTES AUGUST 27, 2007 - 191 - CITY OF KITCHENER line painting on P2 level, and less $2,500., plus G.S.T., for removal of painting only repaired surfaces as set out in section 09900; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That the Chief Administrative Officer's decision be ratified, undertaken according to policy respecting Council's summer meeting schedule, awarding Tenders /Expressions of Interest as follows: i) T07-005 -Road Reconstruction -Moore Avenue, Emma Avenue & Briar Avenue Awarded to: J. Weber Contracting Limited, Breslau, ON Tender price: $802,802., including provisional items and contingency of $82,595. and G.S.T. ii) T07-056 -Duke Street West -Road Reconstruction Awarded to: Sierra Construction Woodstock Limited, Woodstock ON Adjusted tender price: $1,957,468.50, including provisional items and contingency of $301,065. and G.S.T. iii) T07-067 -Slurry Seal Resurfacing Awarded to: Miller Paving Limited, Gormley ON Tender price: $105,815.05, including G.S.T. iv) E07-059 -Consultant Services -Community Investment Strategy Awarded to: GGA Management Consultants, Toronto ON Estimated Fee: $99,057., including disbursements of $2,000. and G.S.T. v) E07-070 -Consultant Services -Consolidated Maintenance Facility Review -Part 2 - Schedule C -Class EA Awarded to: IBI Group, Waterloo ON Estimated Fee: $100,700., including disbursements of $3,498. and G.S.T." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted. At the request of staff, it was agreed to amend Clause 10 of the report dealing with criteria for installation of boulevard multi-use trails outlined in the Region of Waterloo's Cycling Master Plan (2004),by deleting paragraphs 2 and 3 and replacing same with wording to clarify the City's position in respect to cycling facilities on the River Road Extension. Council considered Development and Technical Services Department report DTS-07-143 (Addendum to report DTS-07-117), relative to Clause 17 of the Development and Technical Services Committee report, concerning a request to modify Draft Plan of Subdivision 30T-03201, Valley View Heights (St. Jacobs) Ltd., Fairway Road / Morrison Road /Waterbend Crescent. Councillor B. Vrbanovic advised that residents of Waterbend Crescent were opposed to the proposed road extension from Beaumont Crescent to Waterbend Crescent, and as a result, a subsequent public meeting was held. He advised that agreement was reached between residents and the developer to connect the streets through installation of a 7.5 m walkway rather than by a road extension. Councillor Vrbanovic pointed out that new residents who have purchased the property next to the proposed walkway were contacted and they have asked that careful consideration be given to placement of the actual sidewalk and that wooden fencing be installed rather than the proposed black vinyl decorative fencing as they are considering installing a swimming pool on their COUNCIL MINUTES AUGUST 27, 2007 - 192 - CITY OF KITCHENER new property. In both instances, Councillor Vrbanovic advised that the developer has indicated a willingness to work with the property owner and City staff to address these concerns. At the request of Councillor Vrbanovic, it was agreed to revise Clause B.2, sub-clause 6.20 of report DTS-07-143 to include the phrase "or any other acceptable fencing". Councillor C. Weylie advised that she could not support the proposed change to a walkway as it was her opinion that residents would be happier with a road extension in the long term. The Development and Technical Services Committee report was then voted on Clause by Clause. Clauses 10 & 17 -Carried, as Amended. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway Balance of report -Carried. "That the report of the Community Services Committee be adopted. At the request of Councillor J. Gazzola, it was agreed to amend paragraph 2 of Clause 3 of the report, concerning the 2008 Annual Operating Grant to the Homer Watson House & Gallery, to refer the matter to either the special Council meeting of September 10 or the regular Council meeting of September 17, 2007, to allow Councillor Gazzola an opportunity to have further dialogue with the Board and staff of the Gallery. The Community Services Committee report was then voted on Clause by Clause. Clause 3 -Carried, as Amended. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway Balance of report -Carried. "That the report of the Finance and Corporate Services Committee be adopted. In regard to Clause 10 of the report, dealing with approval of the Business Case for an Automated Staffing Software Program, Councillor J. Gazzola stated that while he supports technological improvements, he could not support the motion as it was his opinion that the Business Case does not properly outline expected savings to the City. He suggested that there is likely to be a very good payback on the proposed system and it should be evident within the Business Case as to how savings will develop with implementation of the new technology. Mayor C. Zehr suggested that there is a difference in preparation of a Business Case for municipal projects and should not be confused with that of the business world where the expectation is primarily a return on investment. He pointed out that numerous projects for which the City undertakes a Business Case often do not have tangible financial returns because of the service-oriented nature of the City's operations. Mayor C. Zehr raised a Point of Order with a subsequent comment of Councillor J. Gazzola related to leadership of the Corporation, and received an apology from Councillor Gazzola for the remark. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 9 -Carried, on a recorded vote. In Favour: Mayor C. Zehr and Councillors G. Lorentz, B. Vrbanovic, K. Galloway and C. Weylie. Contra: Councillor J. Gazzola COUNCIL MINUTES AUGUST 27, 2007 - 193 - CITY OF KITCHENER Absent: Councillor J. Smola Clause 10 -Carried. Balance of report -Carried. At the request of Councillor C. Weylie, Transportation Services and Operations staff were directed to review existing budgets to determine funding availability to allow immediate installation of a light standard at the entrance to the trail located at the end of Ingleside Place, to address concerns of loitering and vandalism raised by an adjacent property owner. Mayor C. Zehr encouraged all members of Council to attend the "Creating a Culture of Safety" conference, to be hosted by Council, the Safe & Healthy Community Advisory Committee and Compass Kitchener on September 20-21, 2007. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date, being: a zoning amending by-law (ZC 07/08/B/LT - 61 & 63 Becker Street) relative to Clause 14 of the Development and Technical Services Committee report; and, a Municipal Plan Amendment and zoning amending by-law (MPA 07/03/C/KA and ZC 07/09/C/KA - 39 & 51 Church Street) relative to Clause 16 of the Development and Technical Services Committee report. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to exempt certain lots from Part Lot Control -Lots 1 to 4 inclusive, 11 to 14 inclusive and 32 to 46 inclusive, Registered Plan 58M-328 -Fallowfield Drive and Fallowfield Court. (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 57 to 62 inclusive, 112, 115, 116 and 117, Grange's Survey, north of King Street and south of the C.N.R., Registered Plan 374, Part of closed Lane, Registered Plan 374 -Victoria Street North and King Street West. (f) Being a by-law to provide for the establishment and laying out of part of Robert Ferrie Drive as a public highway in the City of Kitchener. (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (h) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. (i) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (j) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (k) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. COUNCIL MINUTES AUGUST 27, 2007 - 194 - CITY OF KITCHENER (I) Being a by-law to exempt certain lots from Part Lot Control -Lots 7,8, 12, 14, 17, 18, 19, 20, 21, 25, 29, 30, 32, 34, 35, 36, 37, 38, 64 to 79, 86, 91 and 92, and Part of Lots 1, 2, 3, 6, 9, 11, 13, 15, 16, 22, 24, 26, 31, 33, 39, 63, 87, 88 and 90, Registered Plan 58M-327 - Fallowfield Drive, Brisbane Court, Britton Place and Joshua Street. (m) Being a by-law to exempt certain lots from Part Lot Control -Lot 8 and Part of Lots 4, 5, 7 and 9, Registered Plan 58M-327 -Britton Place. (n) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 6 and 7, Registered Plan 58M-327 -Britton Place. (o) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 2, 15 and 17, Registered Plan 58M-15 - Activa Avenue and Hackberry Street. (p) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 24, 25, 28, 29, 30, 31 and 32, Registered Plan 58M-403 - Westmeadow Drive. (q) To confirm all actions and proceedings of the Council. (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Henry Walser Funeral Home -Becker Street. (s) Being a by-law to adopt Amendment No. 71 to the Municipal Plan -City of Kitchener - St. Matthew's Lutheran Church - 39 and 51 Church Street. (t) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - St. Matthew's Lutheran Church -Church Street. 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2007-141) (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2007-142) COUNCIL MINUTES AUGUST 27, 2007 - 195 - CITY OF KITCHENER (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. tBy-law No. 2007-143) (d) Being a by-law to exempt certain lots from Part Lot Control -Lots 1 to 4 inclusive, 11 to 14 inclusive and 32 to 46 inclusive, Registered Plan 58M-328 -Fallowfield Drive and Fallowfield Court. tBy-law No. 2007-144) (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 57 to 62 inclusive, 112, 115, 116 and 117, Grange's Survey, north of King Street and south of the C.N.R., Registered Plan 374, Part of closed Lane, Registered Plan 374 -Victoria Street North and King Street West. tBy-law No. 2007-145) (f) Being a by-law to provide for the establishment and laying out of part of Robert Ferrie Drive as a public highway in the City of Kitchener. tBy-law No. 2007-146) (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2007-147) (h) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. tBy-law No. 2007-148) (i) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2007-149) (j) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2007-150) (k) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. tBy-law No. 2007-151) (I) Being a by-law to exempt certain lots from Part Lot Control -Lots 7,8, 12, 14, 17, 18, 19, 20, 21, 25, 29, 30, 32, 34, 35, 36, 37, 38, 64 to 79, 86, 91 and 92, and Part of Lots 1, 2, 3, 6, 9, 11, 13, 15, 16, 22, 24, 26, 31, 33, 39, 63, 87, 88 and 90, Registered Plan 58M-327 - Fallowfield Drive, Brisbane Court, Britton Place and Joshua Street. tBy-law No. 2007-152) (m) Being a by-law to exempt certain lots from Part Lot Control -Lot 8 and Part of Lots 4, 5, 7 and 9, Registered Plan 58M-327 -Britton Place. tBy-law No. 2007-153) COUNCIL MINUTES AUGUST 27, 2007 - 196 - CITY OF KITCHENER (n) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 6 and 7, Registered Plan 58M-327 -Britton Place. tBy-law No. 2007-154) (o) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 2, 15 and 17, Registered Plan 58M-15 - Activa Avenue and Hackberry Street. tBy-law No. 2007-155) (p) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 24, 25, 28, 29, 30, 31 and 32, Registered Plan 58M-403 - Westmeadow Drive. (q) To confirm all actions and proceedings of the Council. tBy-law No. 2007-156) tBy-law No. 2007-157) (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Henry Walser Funeral Home -Becker Street. tBy-law No. 2007-158) (s) Being a by-law to adopt Amendment No. 71 to the Municipal Plan -City of Kitchener - St. Matthew's Lutheran Church - 39 and 51 Church Street. tBy-law No. 2007-159) (t) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - St. Matthew's Lutheran Church -Church Street. tBy-law No. 2007-160) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:00 p.m. MAYOR CLERK COUNCIL MINUTES AUGUST 27, 2007 - 197 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That an all-way stop control be installed at the intersection of Pioneer Drive and Black Walnut Drive; and further, That the Uniform Traffic By-law be amended accordingly. 2. That an Adult Crossing Guard facility be established on Max Becker Drive at Isabella Street, effective September 4, 2007; and, That funds in the amount of $2,500 necessary to operate this facility until the end of this calendar year, be considered an over expenditure of the 2007 Operating Budget; and further, That funds in the amount of $8,500 be included in the 2008 Operating Budget to cover annual operating expenses for this Adult Crossing Guard facility. 3. That a School Bus Loading Zone be established in the bus bay on Commonwealth Crescent from a point 80 metres south of Commonwealth Street to a point 46 metres south thereof; and further, That the Uniform Traffic Bylaw be amended accordingly. 4. That enforcement of the City's Zoning By-law be waived with respect to a retail use within a building at 900 King Street West, existing on August 13, 2007, and temporary occupancy be approved subject to the retail use vacating the location in the event the City initiated Zone Change (ZC06/06/TC/RM) to permit retail uses on the subject lands is not approved; and further; That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use, and any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application. 5. That an all-way stop be installed at the intersection of Copper Leaf Street and Cotton Grass Street; and further, That the Uniform Traffic Control By-law be amended accordingly. 6. That enforcement of the City's Zoning By-law be waived with respect to a personal service use within a building at 585 Queen Street South, existing on August 13, 2007, and temporary occupancy be approved subject to the personal service use vacating the location in the event the City initiated Zone Change (ZC06/06/TC/RM) to permit personal service uses on the subject lands is not approved; and further; That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use, and any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application. 7. That an all-way stop be installed at the intersection of Rittenhouse Road and Tuerr Drive; and further, That the Uniform Traffic Control By-law be amended accordingly. 8. That the City of Kitchener supports a visioning process, to be lead by staff of the Centre in the Square, Kitchener Public Library, Kitchener-Waterloo Art Gallery, and the Registry Theatre, to identify new opportunities for the programming of, and use of land in, the Civic District. COUNCIL MINUTES AUGUST 27, 2007 - 19$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. That sidewalks not be installed on either side of Clive Road from Fairmount Avenue to Montgomery Avenue as part of the 2007 reconstruction of Clive Road. 10. That the City of Kitchener follow the criteria for the installation of boulevard multi-use trails as outlined in the Region of Waterloo Cycling Master Plan (2004) until such time as the City of Kitchener Bikeway Study is updated; and further, That in regard to the River Road extension, the Region of Waterloo be advised that City of Kitchener prefers that: • the road footprint be minimized so as to reduce the impact of the proposed road on natural areas; • cycling facilities be incorporated into the road design; • boulevard multi-use trail be acknowledged as not substituting for on-road 1.5m bike lanes; • boulevard multi-use trail be considered on one side of the road, only where there would be minimal conflict with road intersections and driveway intersections; and, That a City of Kitchener Cycling Advisory Committee be instituted in 2008 as part of the Transportation Demand Management initiative. (As Amended) 11. That a pedestrian walkway from Homer Watson Boulevard to Alpine Road be installed, in conjunction with the Region of Waterloo; and, That Legal Services prepare easement agreements for municipal addresses 10, 20 and 30 Alpine Court; and further, That Engineering Services Staff include such work under the existing T08-001 Curb and Sidewalk Construction Contract for 2008. 12. That the Work Program to update the Kitchener's Strategic Plan for the Environment outlined in Development & Technical Services Department report DTS-07-134, be approved. 13. That closure of a portion of the public lane to the rear of 21 Maynard Avenue in Kitchener, comprising of approximately 129.83 square feet, described as Part of Lane abutting Lot 178, Registered Plan 374 and shown as Part 3 on the draft reference plan prepared by ACI Survey Consultants and dated July 4, 2006, be approved in principle, and Legal Services proceed with the preparation and advertising of a by-law to close that part of the lane, subject to the following conditions: 1. That a portion of the public lane, described as Part of Lane abutting Lot 178, Registered Plan 374 and shown as Part 3 on the draft reference plan dated July 4, 2006 and prepared by ACI Survey Consultants, in the City of Kitchener be declared surplus to the City's needs for the purpose of conveying an easement to Bell Canada upon the closure of this part of the lane; 2. That the purchaser, being the registered owner of the property municipally known as 21 Maynard Avenue in Kitchener, enter into an Agreement of Purchase and Sale with the City of Kitchener, satisfactory to the City Solicitor, to purchase part of the unnamed lane, described as Part of Lane abutting Lot 178, Registered Plan 374 and shown as Part 3 on the draft reference plan dated July 4, 2006 and prepared by ACI Survey Consultants, in the City of Kitchener, subject to an easement in favour of Bell Canada and a restrictive covenant to restrict use only for the purpose of one off-street parking space for the property municipally known as 21 Maynard Avenue which shall at all times be clearly demarcated by painted lines by the owner, for $2.75 per square foot plus all costs associated with the closure; COUNCIL MINUTES AUGUST 27, 2007 - 199 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 13. (Cont'd) 3. That a reference plan to describe the above land be prepared and deposited on title in advance of the preparation of the lane closure by-law. 4. That the purchaser be responsible for all of the costs related to the closure of part of the public lane, including survey, advertising, by-law registration fee, Registry Office fees and disbursements, and Legal Services administration fee. 5. That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to convey an easement to Bell Canada over this part of the public lane and, to convey this part of the public lane subject to that easement to the registered owner of the property known municipally as 21 Maynard Avenue. 14. That Zone Change Application ZC07/08/B/LT (61 & 63 Becker Street -Henry Walser Funeral Home) for the purpose of changing the zoning from Residential Six Zone (R-6) to Residential Six Zone (R-6) with special use provision, 3620, to permit a parking lot for the Walser Funeral Home on the lands legally described as Part of Lots 27, 28, 29 and 30, Registered Plan 42, Part 1, Reference Plan 58R-15854 in the City of Kitchener, be approved in a form shown in the "Proposed By-law" dated June 22, 2007 attached to Development & Technical Services Department report DTS-07-114, without conditions. 15. That consideration of Zone Change Application ZC07/05/D/JB (58 Daniel Ave, M&L Kovacevic) be deferred and referred to the Development and Technical Services Committee meeting of October 15, 2007, to allow the Ward Councillor an opportunity to discuss this proposal with staff. 16. That Municipal Plan Amendment Application MP07/03/C/KA requesting a change in designation from High Density Multiple Residential to High Density Commercial Residential on lands owned by St. Matthew's Lutheran Church, municipally known as 39 and 51 Church Street, and legally described as Part Lot 19, Plan 393 and Pt Lt 41, Plan 394, in the City of Kitchener, be adopted, in the form shown in the `Proposed Municipal Plan Amendment' attached to Development & Technical Services Department report DTS-07-123, and accordingly forwarded to the Region of Waterloo; and further, That Zone Change Application ZC07/09/C/KA (St. Matthew's Lutheran Church) requesting a change in zoning from Commercial Residential Three Zone (CR-3) with Special Regulation 136R, Cedar Hill Two Zone (CH-2) with Special Regulation 428R, Residential Nine Zone (R-9) with Special Regulation 136R and Cedar Hill One Zone (CH-1) to Cedar Hill Four Zone (CH-4) and Cedar Hill Four Zone (CH-4) with Special Use Provision 3640; on lands owned by St. Matthew's Lutheran Church, municipally known as 39 & 51 Church St, and legally described as Part Lot 19, Plan 393 and Pt Lt 41, Plan 394, in the City of Kitchener, be approved, in the form of the Proposed By-law, dated July 6, 2007, attached to Development & Technical Services Department report DTS-07-123. 17. That the request of Valley View Heights (St. Jacobs) Limited to modify Subdivision Draft Plan 30T-03201 to add a 0.2 hectare parcel of land, legally described as Block 71, 58M-387, to the plan boundary, be approved, in the form shown on the Plan of Subdivision, dated revised August 21, 2007, attached to Development & Technical Services Department report DTS-07-143 (Addendum to DTS-07-117); and further, That pursuant to Section 51(44) of the Planning Act, R.S.O. 1990, and By-law No. 2002-164, as amended, of the City of Kitchener, Council hereby modifies the conditions of draft approval for Plan of Subdivision 30T-03201 for Valley View Heights (St. Jacobs) Limited in the City of Kitchener, to revise the plan and text, so that the conditions of draft approval are those outlined in Development & Technical Services Department report DTS-07-143 (Addendum to DTS-07- 117); and as amended by adding to Clause B.2, sub-clause 6.20 the phrase "or any other acceptable fencing" after the phrase "black vinyl decorative fencing". (As Amended) COUNCIL MINUTES AUGUST 27, 2007 - 200 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That an $11,300. grant allocation be approved for the Cherry Park Neighbourhood Association, from the Community Development Infrastructure Program for expenses related to incorporation, 2007/2008 program and administration costs, and costs associated with investigating the feasibility of using the Air Boss centre for community programming space. 2. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute License Agreement Renewals (5 years) with Ontario Realty Corporation (formerly Hydro One Networks Inc), relating to lands in the Forest Heights community, more particularly described as Part Lot 37, German Company Tract and Part Lots 36 & 37, Germany Company Tract, giving the City a license to use and allow the public to use those lands. 3. That a 2008 annual operating grant in the amount of $55,284. ($51,000. cash one time; $4,284. in kind parking) be approved to Kitchener-Waterloo Performing Arts Association/Theatre & Company; and, That consideration of a 2008 annual operating grant in the amount of $191,760. to Homer Watson House & Gallery be referred at the earliest to the special Council meeting of September 10, 2007 or at the latest to the September 17, 2007 Council meeting, to allow Councillor J. Gazzola further opportunity to dialogue with members of the Board /staff of the Homer Watson House and Gallery; and further, That a decision on the 2008 annual operating grant allocation to the Social Planning Council of Kitchener-Waterloo be deferred pending the results of a meeting to be scheduled with City staff and representatives from the City of Waterloo to discuss co-funded service organizations within the context of the Community Investment Strategy. (As Amended) FINANCE & CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Rebecca Schoenfeld at 58 Westchester Drive, on Saturday, September 8, 2007, between the hours of 10 A.M. and 4 P.M., for a community fund raising event for breast cancer. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Doon Pioneer Park Community Centre on Sunday, September 23, 2007, between the hours of 2 P.M. and 8 P.M., for their Band Blast 2007 event. 3. That Laura Lee Dam be appointed to the Compass Kitchener Committee for a term to expire November 30, 2008. 4. That Homeniuk Rides Inc. be granted permission to operate a Midway at the Optimist Sports Park, 120 Pioneer Drive on September 27-30, 2007, subject to the following: Date of O eration Hours of O eration hursda , Se tember 27 3:30 m - 10:00 m Frida , Se tember 28 3:30 m -10:00 m aturda , Se tember 29 10 am - 11:00 m unda , Se tember 30 Noon - 9:00 m That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 9:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding anon- school day; and further, That the required licence be obtained prior to operating the Midway. COUNCIL MINUTES AUGUST 27, 2007 - 201 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE - (CONT'D) 5. That the licence fee for the Heart and Hand Festival on September 22, 2007 taking place at the Joseph Schneider Haus be reduced to $38.10. 6. That Rebecca Schoenfeld be approved to operate a special event at 58 Westchester Drive, Kitchener on September 8, 2007 from 6:00 a.m. to 4:00 p.m. provided the necessary licence, including Health approval is obtained. 7. That Schedules A, B & C of Corporate Services Department report CRPS-07-054 be amended to reflect the change of date and location for Taste Local, Taste Fresh from September 30, 2007 to September 23, 2007; and further, That the location for the event be changed from Downtown to Victoria Park. 8. That the Financial Report as of May 31, 2007, attached to Financial Services Department report FIN-07-076, be received for information. 9. That staff be directed to proceed with the implementation and registration of an Environmental Management System to the ISO 14001:2004 Standard for the City of Kitchener Fleet Operations. (Carried, on a Recorded Vote) 10. That the proposed Automated Staffing Software Program Business Case, dated August 13, 2007 be approved, as attached to Development & Technical Services Department report DTS-07-094. COUNCIL MINUTES AUGUST 27, 2007 - 202 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Dog Designation Appeal Committee It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Yilmaz Ertam, wherein the Committee hereby affirms the designation of Dangerous Dog applied to `Buddy', a dog owned by Mr. Yilmaz Ertam, be ratified and confirmed." -and- "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Mr. Derek Brown and Ms. Heather Hardie, wherein the Committee hereby affirms the designation of Prohibited Dog, applied to `Bud', a dog owned by Mr. Derek Brown and Ms. Heather Hardie, be ratified and confirmed." 2. Tender Approvals -Chief Administrative Officer -Council Summer Recess Dealt with under Delegations. 3. Various Tenders Dealt with under Delegations. 4. Execution of Funding Agreement - COMRIF Asset Management Program Council considered Financial Services Department report FIN-07-037 (P. Houston), dated August 10, 2007. It was resolved: "That the Mayor and Clerk be authorized to execute the Canada Ontario Municipal Rural Infrastructure Fund Program (COMRIF) Asset Management Program funding agreement." 5. Vendors! Activities on City Property - Oktoberfest -October 4-14, 2007 Council considered Corporate Services Department report CRPS-07-112 (R. Gosse), dated August 21, 2007. At the request of Councillor J. Gazzola, it was agreed to modify the staff recommendation in report CRPS-07-112 to list the respective vendors. It was resolved: "That the request of K-W Oktoberfest Inc. to allow the following vendors and / or activities to take place on City property be approved provided the necessary licences, including Health and Fire approval, are obtained: • 1 Beer and Food Tent on Frederick Street v Kennedy's Restaurant & Catering v Oktoberfest Haus / Kitchener Oktoberfest Lions Club COUNCIL MINUTES AUGUST 27, 2007 - 203 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Vendors! Activities on City Property - Oktoberfest -October 4-14, 2007 - tCont'd) • 6 Food Vendors - 5 on Benton Street and 1 on Frederick Street v Kennedy's Restaurant & Catering v Circle Dessert (2 locations) v The Forest House v Grainharvest Breadhouse Inc. v Poppers Perfect Popcorn • 6 Tents /stages /activity areas - 4 on Benton Street and 2 on Kitchener Street East v K-W Oktoberfest Inc. (5 locations) Y Crafts for Kids Y Information Tent Y Kiddie Funtrack Y Hans Haus Y Molson Wagon v Mir Traders; and, That those selling food provide proof of insurance naming the City as an additional insured; and further, That building permits for any tents, if required, are obtained." 6. Uncollectible Utility Accounts -Write-off Council considered Financial Services Department report FIN-07-101 (P. Houston), dated August 17, 2007. Councillor J. Gazzola referred to a large dollar amount being written-off for a bankruptcy and questioned if all items relate to bankruptcies. Ms. P. Houston, General Manager of Financial Services & City Treasurer, advised that not all are bankruptcy situations with some of the smaller amounts relating to tenant vacancies. She added that in regard to the large amount the City remains as an unsecured creditor and on conclusion of the legal process, may recoup a portion of the amount written off. At the request of Councillor G. Lorentz, Ms. Houston agreed to provide an information report to a future Finance and Corporate Services Committee meeting, as to the overall performance of the City's current collection agency. It was resolved: "That Uncollectible Utility Accounts, amounting to $100,002.38, be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 7. Uncollectible Receivables -Write-off Council considered Financial Services Department report FIN-07-102 (P. Houston), dated August 17, 2007. Councillor J. Gazzola inquired as to why the item relating to Direct Detect was not being added to the property tax bill. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that there is no legislated authority to do so. COUNCIL MINUTES AUGUST 27, 2007 - 204 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Uncollectible Receivables -Write-off - tCont'd) It was resolved: "That Uncollectible Receivables, amounting to $10,616.67 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 8. Victoria Park Pavilion -Foundation Repairs Council considered Corporate Services Department report CRPS-07-115 (L. Proulx), dated August 22, 2007. It was resolved: "That $80,000 be taken from Capital contingency to fund foundation repairs at Victoria Park Pavilion." 9. Surplus Lands - 278 Clifton Road Council considered Corporate Services Department report CRPS-07-116 (L. Proulx), dated August 21, 2007. It was reso "That the property municipally known as 278 Clifton Road, legally described as Plan 666 PT Lot 96, be declared surplus to the City's needs; and, That the said property be put on the market for sale, subject to the execution of an agreement of purchase and sale satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete this transaction." 10. Noise Exemption Request -Civilian Printing - 8 Duke Street East At the request of staff, this matter was withdrawn as the event is no longer taking place. 11. Noise Exemption Request -Shawn Cooper -Registry Theatre I Victoria Park Pavilion Council considered Corporate Services Department report CRPS-07-111 (S. Turner), dated August 20, 2007. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Shawn Cooper for album release events to be held between the hours of 7:00 p.m. and 10:15 p.m., for the following dates and locations: • September 14, 2007 -Registry Theatre • October 5, 2007 -Registry Theatre • October 19, 2007 -Victoria Park Pavilion • December 7, 2007 -Registry Theatre."