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HomeMy WebLinkAboutCouncil - 2008-05-05COUNCIL MINUTES MAY 5, 200$ CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillors J. Gazzola and G. Lorentz. The meeting began with the singing of "O Canada" by Sam Martinello (in French) and Pareesa Kousari (in English), King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held April 7, 2008 and special meetings held April 7 & 21, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. R. Parent, Traffic & Parking Analyst, presented a cheque in the amount of $1,500. raised for the Children's Wish Foundation at the City's 18th Annual Rock Revival musical event. Ms. Anne Boehm accepted the donation on behalf of the Foundation, commenting that approximately every 10 days a wish is granted to a terminally ill child in Waterloo Region and one special child will attend the opening game of the 2008 Memorial Cup being hosted in Kitchener. Ms. Theresa Sauren, `Reduce the Juice' was registered to speak concerning a community outreach program to reduce greenhouse gas emissions but did not attend the meeting this date. Mr. Carlos Carvalho attended in regard to Item B.10 iii) of the Committee of the Whole agenda this date, in support of the decision of the Committee of Adjustment to approve his Fence Variance Application 2008-004 (3 Coopershawk Street). Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That the application of Carlos and Melanie Carvalho (FN 2008-004 - 3 Coopershawk Street) requesting permission to relocate an existing 1.75m (5.74') high wrought iron fence such that it will be located on the lot line along Owl Ridge Street rather than providing the required side yard abutting a street of 1.5m (4.92'), on Part Block 9, Registered Plan 58M-181, being Part 111, Reference Plan 58R-12968, 3 Coopershawk Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall move the fence off City property and onto the side lot line." Carried. Brian and Judy Harding attended in regard to Item B.9 of the Committee of the Whole this date, in support of the recommendation to authorize entering into an Encroachment Agreement to permit a pool installation, deck extension and fence installation. The proposed deck extension and fence will encroach onto an existing storm sewer and sanitary sewer easement. The delegation advised that Planning and Engineering staff have reviewed the proposed encroachment and have no concerns. Mayor C. Zehr inquired how maintenance of the underground infrastructure subject to the easement would be maintained. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that the agreement provides authority to the City to undertake any necessary work for repair and maintenance of the infrastructure and is at risk to the owner. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owners and any mortgagee(s) of the property municipally known as 18 Old Forest Cres. (PIN 22464-0118 LT) and subject to an easement registered as Instrument Number 651504, to legalize a 12' x 1', more or less, portion of a proposed deck extension, a portion of a proposed chain link fence for a length of approximately 50' along both side lot lines and for a length of approximately 15.2' along the rear lot line, and a 12' x 24' above ground pool, said Agreement to be registered on title, if possible." Carried. COUNCIL MINUTES MAY 5, 200$ - 106 - CITY OF KITCHENER Ms. Kate Merrifield attended in regard to Item B.6 of the Committee of the Whole agenda of this date, concerning a proposed Encroachment Agreement to legalize a fence encroaching onto the York Street road allowance. Ms. Merrifield advised that she was not in agreement with the recommendation to reduce the height of the 6 ft. portion of the fence down to aft. but was prepared to move the fence back one posthole. She added that she was advised that she may be charged an annual encroachment fee, raising concerns that the fee may be too onerous and asked that consideration be given to grandfathering the fence subject to relocating it back onto the property line. She pointed out that because of the odd shape of her lot she was not able to move the fence back the required 5 ft. from the property line. Ms. L. MacDonald advised that Council has not yet considered the issue of imposing an annual encroachment fee and was of the opinion it would be premature to consider the matter pending review of the staff report to come forward in the near future. She added that the reduction in height of the fence relates to the driveway visibility triangle and is a safety issue that should not be adjusted without further consultation with appropriate staff. Ms. Merrifield requested that this matter be deferred to allow her to have further dialogue with staff to clarify issues concerning the height and setback of the existing fence. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the recommendation contained in Corporate Services Department report CRPS-08-066 (J. Sheryer), dated April 29, 2008, concerning an Encroachment Agreement to legalize an existing fence at 76 Mt. Hope Street encroaching onto the York Street road allowance, be deferred to the May 20, 200$ Council meeting to allow the property owner to have further discussions with City staff to clarify issues concerning the height and setback of the existing fence." Carried. Mr. Sebastian Msuya, Sundance Balloons, was registered to speak in regard to Clause 3 of the Community Services Committee report, dealing with launching of hot air balloons in Kiwanis Park, but did not attend the meeting this date. Mr. Ralph Glemser, Far Out Flicks, presented a petition of approximately 3,000 signatures requesting free Downtown parking Monday to Friday after 3 p.m. and all day Saturday /Sunday. He stated that 2006 statistics indicate the City received approximately $130,000. from weekend parking and $13,000. from Monday to Friday after 3 p.m. He asked that in light of the King Street Streetscape Project being paused, that the City consider implementing his proposal on the basis of a one-year pilot program. The delegation advised that the intent is to encourage those working during daytime hours to transition into the Downtown nightlife and to encourage others to come Downtown. Mayor C. Zehr noted that the most recent statistics show that the proposal would result in approximately $450,000. annually in lost revenue to the City, substantially different from what the delegation had suggested. Councillor C. Weylie suggested that the matter should be referred to staff for further investigation and report to a subsequent meeting of the Finance and Corporate Services Committee. Councillor J. Smola agreed, asking that the Board of the Kitchener Downtown Business Association (KDBA) also be consulted and their comments incorporated. Ms. Erin Young, KDBA, spoke on behalf of Mark Garner, advising that the KDBA Board is aware of the petition and intends to formulate a position at its next meeting in mid-May. She commented that based on the number of signatures, the petition could be considered a key indicator that parking is a significant concern and should be an integral part of the City's strategic focus for the Downtown. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the citizen petition submitted by Mr. Ralph Glemser, Far Out Flicks, requesting free Downtown parking Monday to Friday after 3 p.m. and all day Saturday /Sunday, be referred to staff for further investigation, in consultation with the Kitchener Downtown Business COUNCIL MINUTES MAY 5, 200$ - 107 - CITY OF KITCHENER Association, and a report back to the May 26, 2008 Finance and Corporate Services Committee meeting." Carried. Mr. Justin Novak, Lucky's Wings, was registered to speak in regard to Council's resolution of March 31, 2008 opposing his liquor licence application subject to entering into an agreement, but did not attend the meeting this date. Councillor B. Vrbanovic noted that Mr. Novak gave indication that he wished to propose a revised early closing restriction by changing the trial prior from 1 year to 6 months. Councillor Vrbanovic asked to be recorded as opposed to any reconsideration of Council's March 31St resolution, expressing the opinion that Council's decision was clear and the business owner should either proceed to enter into the agreement as proposed or appeal the matter to the Alcohol & Gaming Commission of Ontario. Gus and Peter Bardouniotis, Dandy's Restaurant, attended in opposition to Clause 1 of the Finance and Corporate Services Committee report of this date in which their request to operate a sidewalk patio in 2008 is being denied. The delegation stated that staff's report to the Committee indicated that 6 complaints were received in 2007 but these were not passed on to them. They maintained that they were diligent in enforcing inappropriate behaviour during operation of the patio and no police arrests were made on the premises. The delegation advised that inability to operate the patio would result in an approximate 35% loss of business and requested that they be allowed to operate the patio on a month-to-month basis, with any complaints to be dealt with in an expedient manner. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Clause 1 of the Finance and Corporate Services Committee report of this date be adopted." Carried. Mayor C. Zehr advised that a number of residents were in attendance this date to speak to an issue concerning the distribution of food in Civic Square and asked that Ms. C. Ladd, Chief Administrator, provide background information for the benefit of those present. Ms. Ladd advised that in 1999 the Council of the day entered into considerable debate over a request to permit the distribution of food to passersby in the City Hall Civic Square. The request was approved within the context of a policy that provided that if any complaints were received the activity would stop and the group would be required to make appeal for further consideration by Council. The City recently received some complaints and the groups were notified by letter to discontinue their activity and appeal to Council. A meeting was held with two of the groups, Food Not Bombs and the Pentecostal Assembly, and at that meeting the City extended apology for issuing the letters which was not intended to be done until discussions had been undertaken with the groups. A representative from Waterloo Regional Dream Centre was not able to attend the meeting but staff has had separate discussions with them. The purpose of the meeting was to gain an understanding of the complaints and to provide information as to the City's interest in programs and efforts to improve the Downtown. Ms. Ladd stated that it is not the City's intent to stop the food distribution activity as it is a recognized need that is important to the Downtown and it should remain a part of the Downtown programming. She advised that concerns have been raised by the Kitchener Downtown Business Association (KDBA) wherein they have received complaints from their customers /clients when the activity is taking place. She commented that what is needed is creation of an environment in which both interests may operate successfully. Ms. Ladd stated that alternative locations have been suggested to the Food Not Bombs group and at the meeting held, the parties were joined by 3 residents who use their service who indicated they would be satisfied with relocation of the activity provided it remained accessible. As a result of the meeting and gaining a better understanding of the operations, it was determined the source of concerns was not related to either Waterloo Regional Dream Centre or the Pentecostal Assembly and they have since been told they may continue their activities. Ms. Ladd concluded that the purpose of discussions this evening is to come to an agreement with the Food Not Bombs group. Mayor C. Zehr noted that Ms. Patricia Smith, Waterloo Regional Dream Centre, had registered to speak this evening and was advised by Mr. T. Speck, General Manager of Corporate Services, that he had received a voicemail message from Ms. Smith indicating her inability to attend this date due to COUNCIL MINUTES MAY 5, 200$ - 10$ - CITY OF KITCHENER an emergency situation. He added that the message indicated that the group is satisfied with the outcome of discussions they have had with staff and remain willing to work with the City toward a solution to the concerns raised. Two individuals who had registered to speak to this matter, Peter Eglin and Jodi Buschlen, did not attend the meeting this date. A third individual, Keith Faulconbridge, Heartwood Place, chose not to speak at the time he was called forward to address Council. Ms. Laura Hamilton, Food Not Bombs (FNB), provided an overview of the group's operation, advising that FNB is a movement for social justice that includes more than 100 groups world-wide. Every Saturday, free food /baked goods are distributed and a free lunch, prepared at the Working Centre, is delivered and served in Civic Square. The food is vegetarian and is collected from local businesses that would otherwise throw it away and is never rotten. The group talks with those they serve to build a sense of community by promoting love, sharing and a culture of peace and respectfulness. Ms. Hamilton stated that violence is not condoned by the group and no violent activity or aggressive pan handling occurs during this activity. She added that the group leaves the area clean at conclusion of the activity and until now no complaints had been received. She expressed the opinion that the issue of poverty should not be hidden and that the Civic Square exists for all to use. Mayor C. Zehr reiterated to those in the audience that the issue of right or wrong in respect to the activity is not debated and all agree that the service is needed; rather it is a matter of location for the service. Councillor B. Vrbanovic asked the delegation if the primary purpose of the group is to help address poverty through distribution of food or to create an awareness of the groups issues in respect to social justice. Ms. Hamilton advised that the group serves 40 to 70 persons which she acknowledged is small in the grand scheme; and stated that public awareness of poverty is also important and is why they have chosen to use a public space. She maintained that the two activities go hand in hand and advised that it is the mandate of the group to use a public space and to share food. Councillor Vrbanovic inquired as to the group's willingness to consider an alternate location either elsewhere on City property or other properties that may better fill the group's mandate. Ms. Hamilton advised that FNB is a consensus-based group and there is no one leader that can speak for the group at this time. She maintained that the concerns expressed have nothing to do with FNB's activities and in realizing same, hoped that the City would reconsider asking them to move. She added that a meeting of the group would have to be called to consider the issue of relocation to determine if there is agreement to a move. Councillor Vrbanovic stated that he would like a sense from the group that there is a willingness to dialogue with all interest groups affected and work toward a solution that meets the needs and objectives of FNB but is also respectful of others needs. Ms. Hamilton gave assurance that the group was willing to be a part of the discussions. She encouraged others to come and see the activity in progress, maintaining that it is a happy, peaceful event. Councillor Vrbanovic asked if the delegation would agree that there are 2 issues, being: setting the record straight on what FNB stands for and how it operates; and, how to balance the needs of both FNB and the business community so they may co-exist in a peaceful, respectful manner. Ms. Hamilton commented that the group believes in using the Civic Square as it is a public place and should be inclusive and is willing to work to reach a suitable resolution. Mayor Zehr commented that the intent was to come to a resolution on location this date and without someone appointed to speak on behalf of FNB it renders the matter at an impasse. Ms. Hamilton advised that the group would have to meet first to form a consensus opinion of the matter and then advise the City of their decision. Ms. Kelly Anthony, Food Not Bombs, spoke of the creative classes, among which social capital values is one component. She expressed the opinion that all components of the creative classes are necessary for the functionality of a vibrant, healthy city and would like to see Kitchener create an environment where creativity and diversity is valued and encouraged. Ms. Anthony agreed that a consensus of the group was needed prior to advising of a decision on relocation, expressing the opinion that a less visible location would not likely be acceptable. Councillor Vrbanovic stated that no one is suggesting the group not provide this service and Council has demonstrated willingness to meet those needs even though it is not the mandate of municipal government. He added that an appreciation is needed of the City's responsibility to find a balance between the needs of FNB, the business community and other users of the Downtown and to consider all of the issues. In this respect, he advised that he was looking for at least a willingness to COUNCIL MINUTES MAY 5, 200$ - 109 - CITY OF KITCHENER discuss options for the group's service delivery. Ms. Anthony stated that their needs would be met by keeping the group in the Downtown and such activities can work in tandem to create a vibrant city and be part of moving forward business interests. She stated that the group is willing to continue dialogue and has shown good will in this regard. Councillor K. Galloway inquired how many it takes to form a consensus within the group and Ms. Anthony advised that it is a fluid group, with many coming from outside the City, including university students and visitors. She added that there is no membership card or form that must be signed to participate in a consensus vote. Councillor C. Weylie inquired which Working Centre is used to prepare the meals and was advised that the meals are prepared at a location on Charles Street. Councillor Weylie questioned if it would be better to use the facility on Victoria Street as it could provide an indoor venue to allow the service to be provided out of inclement weather. Ms. Anthony advised that many of those using the service have mental health issues and may be reluctant or uncomfortable going indoors. She maintained that visibility is an issue and mandate of the group, and expressed the opinion that moving indoors puts the issue of poverty out of sight and mind. Councillor Vrbanovic inquired as to how many of the core group would be individuals from Kitchener versus other communities and Ms. Anthony again advised that it would be difficult to provide a definitive number. Councillor Vrbanovic inquired if the group had considered providing their service in other area municipalities and Ms. Anthony advised that they do not have the resources to do so and have chosen Kitchener because of its size. Councillor Vrbanovic asked if consideration had been given to broaden their service delivery beyond the Downtown to a community-wide approach, suggesting that community centres could be used on a rotational basis and perhaps be more accessible for users of their service. Ms. Anthony stated that the service is intended to be on-street and in the broader sense the group is involved in promotion of their issues at senior levels of government. She added that most who participate in the group choose not to have cars and is why a public meeting place is chosen. When asked if there are other ways to draw attention to the group's goals, Ms. Anthony stated that they have several other missions, such as illuminating the problem of food waste and excesses in the food industry. She stated that for a small group, the commitment is sizable and only if more people became involved could they look at broadening their scope. Councillor K. Galloway inquired if there was no other way to convey the group's message to the community as a whole and Ms. Anthony responded that FNB groups around the world invoke various parts of the groups' mandate and the distribution of food is this group's way of bringing awareness to social justice issues. Mayor Zehr commented that there is no difference of opinion in the fundamental right to feed the hungry and stated that he agreed with all of the values conveyed by Ms. Anthony. Ms. Anthony asked for clarification of what is intended to be accomplished this date given there is an appreciation of the need for the groups service. Mayor Zehr stated that the issues revolve around a difference of opinion in respect to what activities appear to be going on during the serving of food and stressed that it is important to weigh all factors. He commented that the hungry need to survive and businesses need to thrive; neither can without the other and it requires a mutual respect of each others needs. Paul Nijjar clarified that he was not representing nor did he speak for either Waterloo Public Interest Research Group (WPIRG) or FNB but was supportive of FNB in remaining visible and considered the present location practical for the distribution of food to the hungry. He suggested a connection between the University of Waterloo and Kitchener in that, university students volunteering gain knowledge of the community which in turn, gives them a reason to stay in the community after graduation. Nikki Proctor advised that she is a human rights defender and is supportive of FNB continuing at City Hall. She agreed that visibility is important and the central location meets this need. She advocated for dialogue between FNB and local businesses who she believed do not have a full understanding of the issues at hand. She added that personally an alternative location would be okay but did not speak for FNB. Karina McEathron, Waterloo resident, suggested that relocation should only be required if it provides true growth for FNB. She stated that those who need this service require anon-judgmental atmosphere and should not be hidden. They need to know where the service is provided and more should be done to give recognition and cooperation to such groups. COUNCIL MINUTES MAY 5, 200$ - 110 - CITY OF KITCHENER Rev. Oscar Cole-Arnal read from a written submission in support of FNB and continuation of their service in its present location at City Hall. Sandra Bullock, Downtown resident and volunteer with FNB, commented that the service provided by FNB brings people together in an attempt to build community where everyone is welcome and works toward lessening the gap between the wealthy and those less fortunate. Councillor B. Vrbanovic asked Ms. Bullock if at times some individuals in the Downtown create challenges for herself and others. Ms. Bullock acknowledged that at times some do but her experience with FNB has helped avoid negative perceptions through opportunity to meet and come to know these people, and maintained they do not cause problems at their servings. Erin Young, KDBA, read from a written statement by Mark Garner, suggesting that the Downtown is at a critical junction and significant investment continues to be made. Mr. Garner stated the need for willingness of all stakeholders to come to the table in support of a solution and willingness to compromise. He suggested that it is not unreasonable for FNB to consider relocating and would demonstrate their willingness to collaborate and understand the issues of all. Councillor Vrbanovic noted the mention of police presence in Mr. Garner's statement, asking Ms. Young if it was felt this would help with perceived and / or real issues in the Downtown. Ms. Young suggested that a police presence is always a help but requires a balanced approach so as not to produce subsequent negative perceptions that their presence is needed. She added that the KDBA has and remains willing to be part of the discussions to work toward a mutual resolution. Anita Petsche-Good, Petsche Shoes, disagreed with comments that no complaints had been raised until now in respect to FNB's activities, advising that in 1999 when first considered there had been considerable opposition to the proposal that resulted in mediation talks between FNB and the business community. She stated that their behaviour then was one of intimidation and contributed to a negative perception of the Downtown, which she maintained continues today. She advised that patrons to her business have indicated that they will not walk by the area where this activity is taking place and even if this is only a perception of intimidation the damage has been done. She alleged wide misconception of the mandate of the group suggesting they are a political left cause group and have had arrests made for civil disobedience. She pointed out that the Downtown is primarily a commercial district and significant investment is being made in rejuvenating the core. She stated that businesses work hard to bring people Downtown and provide employment opportunities. Ms. Petsche-Good expressed the opinion that a change in location for FNB's activities is needed to ensure the City's vision for the Downtown does not fail. Mr. David Ehrenworth, David's Gourmet, stated that there are many businesses in the Downtown who are in favour of relocating FNB's activities and in light of Council's policy regarding complaints, he suggested that the policy should be honoured. He suggested that this activity was a deterrent and discouragement to people shopping in the Downtown. He stated that he personally has witnessed fighting, swearing and shoving during the food servings and questioned who is liable in the event those served become ill from bad food served on public property. He too has had customers, and in particular those with children, who have said they walk a distance around the activity because they are afraid. He suggested that it is not only the innocent hungry who attend but also those known to be drug dealers, prostitutes, child abusers and the intoxicated; making it a dangerous setting for others using the Downtown. It was Mr. Ehrenworth's opinion that those being served may be more comfortable in a more discreet location and suggested that FNB is against a change in location because their objective is more about promoting their mandate; adding that he had been personally assaulted by 2 members of the group. He stated that as a business owner he subscribes to capitalism as opposed to communism and proposed to set up his own food distribution, serving meat products and flying banners in support of Canadian soldiers. He asked that FNB put their personal agenda aside and respect what the majority wants. Nikki Veitch, student of Cameron Heights Collegiate, spoke in support of FNB stating that the group is regularly inspected by public health and the quality of the food is good. She stated that the only time she feels unsafe in the Downtown is when she is not supported by others in the community. She advised that she had submitted a letter from students of Cameron Heights asking that FNB's activities be allowed to continue in its present location. Ms. Veitch noted that she has served with the group and has gained an understanding of those served by talking with them. She agreed that hiding this activity encourages intolerance whereas exposure to poverty acts positively toward promoting love and understanding. In response to questions, Ms. Veitch maintained that consistency in location is important as routine provides a sense of safety to those served. COUNCIL MINUTES MAY 5, 200$ - 111 - CITY OF KITCHENER Mr. Brad Hutton, Chair, KDBA Board, stated that having managed anon-profit housing facility he has knowledge of the importance of stability in the lives of those less fortunate and being out on the street is not safe. He suggested that there are other venues that provide better care of such individuals and in his opinion, it is clear what the focus is of FNB. He advised that the KDBA will assist in dialogue with all interested parties toward an amenable compromise. Councillor Vrbanovic inquired as to Mr. Hutton's perspective on the Downtown, asking if he believed the issues relate to perception or to real issues. Mr. Hutton suggested it is a matter of both, noting that he manages the Theatre & Co which changed its closing time to accommodate patrons who advised they did not feel safe leaving the establishment late in the evening; and has since had to close down due to lack of ticket sales. Councillor Vrbanovic commented that in reality the number of incidents is no higher than in any other city and it is perception that remains a challenge. He inquired if Mr. Hutton was of the opinion there is a need to make adjustments and / or compromise to continue to achieve a positive Downtown environment. Mr. Hutton suggested that perception is not unique to Kitchener, noting that in the City of Toronto the perception is that Kitchener provides better social service support than Toronto which gives incentive to many to migrate here. He questioned if that is the type of community that Kitchener is trying to create and advised that there is need to support local businesses or they will not survive. Ms. C. Ladd named potential locations that have been proposed to FNB, including: City-owned lands adjacent to City Hall (former Forsyth lot); Young /Duke Street; Regional Headquarters (body responsible for social services); and various churches. She stated that it is understood the group requires a covered area for refuge from the elements and 2 specific locations on the City Hall property have been the focus, being: the Duke Street side where there is a large covered area and open plaza; and the other side of the fountain in Civic Square in the area of the ramp leading to the College Street side. She added that the 3 residents who have been served by FNB and joined in the initial meeting indicated they could support the latter location as it remains easily accessible to them. Ms. Ladd advised that staff is prepared to continue discussions with FNB regarding possible alternate locations. A question was raised regarding any requirements for the group to have insurance since they are serving food on City property and who would be liable should an incident arise resulting in litigation. Ms. MacDonald, City Solicitor, advised that to the best of her knowledge the City does not require the group to have insurance. In regard to liability, in her opinion the group may run the risk of being held liable but they would need to obtain a legal opinion on the matter. Councillor Vrbanovic asked Ms. Hamilton and Ms. Anthony if they have a better sense of the issues being raised now that they have had an opportunity to hear from the other parties. Ms. Hamilton responded that in her opinion the serving of food is not the issue. It is perception, not reality, that Food Not Bombs is creating the issues raised, yet they are being asked to change locations. Ms. Anthony advised that in her opinion the comments given by the business representatives were not constructive but regardless, dialogue should continue between the two groups in order to come to a satisfactory solution. Councillor Vrbanovic advised that it would appear that Food not Bombs, the KDBA and the City are willing to work through the issues but it will require compromise by all parties. He further suggested that perhaps Food not Bombs could move to the other side of the fountain as one of the options discussed to test if this still meets their requirements and at the same time, satisfy the KDBA. Ms. Hamilton asked that if this was to happen, the group would like to post their banner behind where they would set up and serve food. Councillor Vrbanovic advised that he could see no problem with this but it should be further discussed. Mayor Zehr advised that in his opinion, Council shares the same values that have been explained at this meeting and has no disagreement with the program of free food being distributed. The issue was never about the right to serve food but more about achieving a balance for all in the Downtown core. He requested that Food not Bombs continue further dialogue with staff and the KDBA to consider all the comments made at this meeting and come to a solution that will benefit all stakeholders. Mayor Zehr added that the Downtown area is in transition and it will take the efforts of everyone to make it a beacon of this City. Mr. Andy Hook attended to express concerns regarding tax dollar spending by the municipality, questioning the existence of accountability /transparency and alluding to abuses of closed-door meetings. He raised concerns with the Eaton's Loft project, questioning who was responsible for issuing the occupancy permits and why taxpayers are paying for something they are not a party to. COUNCIL MINUTES MAY 5, 200$ - 112 - CITY OF KITCHENER He suggested that the new Market is a white elephant and too costly; and the Downtown Community Centre could be better utilized, suggesting it would be a good location for the Food Not Bombs group. He raised concerns with regard to the frequency of hiring consultants; impact of rising costs to seniors and low income families; loss of manufacturing jobs; professional contract settlements; and, liability issues related to the disclosure of pertinent information regarding the purchase of the Goodrich Drive site. Mr. Hook stated that he believed closed-door deals were made in respect to the School of Pharmacy constructed on the University of Waterloo Health Sciences campus but acknowledged that the project was good. He concluded that in his opinion taxpayers are not getting good value anymore for the dollars spent and change is needed. Mayor C. Zehr commented that Mr. Hook had made bold statements about closed-door deals, particularly in regard to the School of Pharmacy that suggest illegal or unethical activity. Mayor Zehr stated that to his knowledge that is not the case and asked Mr. Hook to substantiate his accusations, which without, he would find them offensive. Mr. Hook advised that he would stand by his comments. Mayor Zehr asked that Mr. Hook give specific details of his claim, reiterating that he was making a significant accusation that he must be prepared to substantiate or it should be withdrawn. Mr. Hook inquired if all members of Council were apprised of all pertinent information regarding the School of Pharmacy project when the decision was made and was advised that with the exception of Councillor K. Galloway, who was not a member of Council at the time, the Council of the day did receive all pertinent information. Mr. Hook stated that he considered that fair and Mayor Zehr inquired if he was now withdrawing his accusation. Mr. Hook advised that he was not as it was his opinion there were lots of questionable decisions that have been made. Mayor Zehr advised that he was not prepared to address other accusations until the issue of the School of Pharmacy was dealt with. Mr. Hook went on to state that he had attended a meeting in the Council Chamber in relationship to a registered lane to be closed that was also attended by the legal representative for the company requesting the closure. The lawyer was advised prior to commencement of the meeting agenda that he did not have to speak as the matter had been looked after. Mr. Hook questioned how this could be and stated that he intended to follow-upon this matter. Mayor Zehr stated that he was not familiar with the issue raised, noting again that Mr. Hook was giving general accusations that he must be prepared to substantiate or it should be retracted. Mr. Hook stated that he would retract his accusations this date but would return to raise them again, noting that he wanted to speak with a member of Council who was not present this date. Mayor Zehr advised that any concerns Mr. Hook wished to raise should be addressed to the whole of Council and Mr. Hook agreed to do so. Mayor Zehr then commented that Council is as forthright as possible, noting for information of the delegation that under Rules of Procedure where an incorrect statement of fact is made, it is the responsibility of Council to correct that statement in public; and reiterated the inappropriateness of making generalized accusations in a public forum that are unsubstantiated and to which Council is not able to appropriately respond. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. At the request of staff, Council agreed to withdraw Tender T08-027 (Duke /Ontario Street Parking Garage - 2008 Rehabilitation Program) pending changes to the tender recommendation related to clarification of the list of subcontractors. In respect to Proposal P08-004 (Digital Networked Imaging System), Mr. M. May, Director of Communications /Marketing, acknowledged that one unsuccessful bidder had raised concerns in respect to their quoted price being lower than the bid recommended for award of the tender. Mr. May advised that the bids were evaluated using a rating system based on numerous criteria, of which pricing had only a value of 18 out of 100 points. He stated that the recommended bid did have the overall highest rating of all bids received. He added that following the evaluation, staff successfully re-negotiated with the recommended company for an extra piece of equipment at no cost. Councillor K. Galloway inquired if staff had made the offer to re-negotiate for additional equipment to any of the other bidders and Mr. May advised they had not. Mr. L. Gordon added that he had offered to COUNCIL MINUTES MAY 5, 200$ - 113 - CITY OF KITCHENER undertake apost-tender review with the unsuccessful bidder. At the request of Councillor Galloway, Mr. May agreed to provide additional information concerning the price differential between the two bids and references received. Councillor J. Smola declared a pecuniary interest in respect to Tender T08-038 (Breithaupt Street Reconstruction) as he owns property in the area of the proposed construction and abstained from all discussion and voting concerning this matter. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That Tender T08-038, Breithaupt Street (Ahrens Street to St. Leger Street) Reconstruction, be awarded to Steed and Evans Limited, Kitchener at their tendered price of $2,010,732.05, including provisional items and contingencies of $243,765. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Proposal P08-004, Digital Networked Imaging System, be awarded to IKON Office Solutions, Inc., Kitchener, Ontario, at their proposed price of $381,931., including P.S.T." -and- "That Tender T08-026, Clark Avenue (Wilson Avenue to Siebert Avenue) Reconstruction, be awarded to 1123491 Ontario Inc. ola United Contracting, London, Ontario at their tendered price of $2,547,751.61, including provisional items and contingencies of $158,350. 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 T08-029, Desktop Computers, be awarded to MDG Computers Canada Inc., Oakville, Ontario at their tendered price of $105,587.20., including P.S.T. & G.S.T., plus optional upgrades of $3,616., including P.S.T & G.S.T; and further, That Council authorize a contingency purchase of up to forty (40) additional computers, including options, at current fair market price during the term of the contract." -and- "That Tender T08-036, Lateral Sewer Pipe Bursting, be awarded to McGillivray & Sons Contractors Ltd., St. Agatha, Ontario at their tendered price of $249,375., including G.S.T." -and- "That Expression of Interest E08-037, Consultant Services -Project Risk Assessment - Consolidated Maintenance Facility, be awarded to KPMG LLP, Toronto, Ontario at their estimated fee of $102,394., including disbursements and out of pocket expenses of $23,805. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Expression of Interest E07-100, Consultant Services -Environmental Assessment Study, Detailed Design and Contract Administration for the Improvements to Huron Road (Strasburg Road to Fischer-Hallman Road), be awarded to MTE Consultants Inc., Kitchener COUNCIL MINUTES MAY 5, 200$ - 114 - CITY OF KITCHENER at their estimated fee of $444,576.83., including a contingency of $38,491.50 and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E08-008, Consultant Services -Capacity and Infrastructure Analysis of Freeport Sanitary Sewer Pumping Station, be awarded to Earth Tech Canada Inc., Kitchener at their estimated fee of $265,370.70, including a contingency of $22,976. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E08-016, Consultant Services -Class Environmental Assessment and Preliminary Design for Victoria Park Lake Improvements, be awarded to CH2M Hill, Kitchener at their estimated fee of $202,281., including a contingency of $17,590. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E08-023, Consultant Services -Special Events Department Strategic Plan, be awarded to St. Clements Group Incorporated, Toronto, Ontario at their estimated fee of $33,348., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Expression of Interest E08-028, Consultant Services -Public Art Policy and Program Review, be awarded to The Planning Partnership, Toronto, Ontario at their estimated fee of $45,643.50, including expenses of $2,000. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development and Technical Services Committee be adopted. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. Council considered this date Community Services Department report CSD-08-044 (R. Willms), dated May 5, 2008, in respect to Clause 3 of the Community Services Committee report, dealing with a request from private hot air balloon companies to use Kiwanis Park as a launching site. COUNCIL MINUTES MAY 5, 200$ - 115 - CITY OF KITCHENER Councillor J. Smola commented that the information provided in report CSD-08-044 indicates that most other municipalities surveyed do not permit or do not have a policy for launching hot air balloons from public places. He noted that Kitchener has a policy to permit launchings from Victoria Park but expressed the opinion that it would not be appropriate to use Kiwanis Park given the frequency and volume of pedestrian traffic and special events that use the Park. Councillor C. Weylie agreed based on the issue of safety but had no concerns with continuing to use Victoria Park. Mayor C. Zehr commented that Victoria Park has more residential area surrounding it and questioned if it was an appropriate use for either site. Councillor B. Vrbanovic asked if any concerns had been received and if the companies sign any liability waiver. Ms. P. Houston, General Manager, Community Services, advised that the companies do sign a Certificate of Insurance for $2M to cover liability. On motion by Councillor J. Smola, seconded by Councillor C. Weylie, it was agreed to amend Clause 3 of the Community Services Committee report by deleting the motion in its entirety and replacing it with a motion to deny use of Kiwanis Park as a hot air balloon launching site. The Community Services Committee report was then voted on Clause by Clause. Clause 3 -Carried, as Amended Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic Balance of report -Carried. "That the report of the Finance and Corporate Services Committee be adopted. Council considered this date Corporate Services Department report CRPS-08-076 (S. Turner), dated May 5, 2008, requesting an amendment to Clause 6 of the report dealing with approvals for various events in Downtown during 2008. At the request of staff, it was agreed that Clause 6 of the report be amended to provide that Schedules `A', `B' and `C' to Corporate Services Department report CRPS-08-057 (Various Events in Downtown During 2008), be revised by changing the location for the Cafe Cabaret to be held June 13-15, 2008 from Victoria Park to Civic Square. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried. Clause 6 -Carried, as Amended. Balance of report -Carried. At the request of Councillor K. Galloway, Mayor C. Zehr agreed to raise an issue with the Region of Waterloo concerning the limiting of the number of garbage bags individual residences may place at curbside on a weekly basis and a means to further promote recycling. Council agreed to the request of Mr. R. Gosse, City Clerk, to add one additional by-law for three readings this date, being a by-law to exempt certain lots from Part Lot Control on Banffshire Crescent. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "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. COUNCIL MINUTES MAY 5, 200$ - 116 - 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. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (e) Being a by-law to provide for the establishing and laying out of part of Wagon Street as a public highway in the City of Kitchener. (f) Being a by-law to set and levy the rates of taxation for City purposes for the year 2008 and to provide for the payment of taxes after interim taxes. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to exempt certain lots from Part Lot Control -Blocks 58 & 59, Registered Plan 58M-348 -Banffshire Crescent. 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 K. Galloway "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 K. Galloway "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. 2008-75) (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. 2008-76) (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. 2008-77) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2008-78) COUNCIL MINUTES MAY 5, 200$ - 117 - CITY OF KITCHENER (e) Being a by-law to provide for the establishing and laying out of part of Wagon Street as a public highway in the City of Kitchener. tBy-law No. 2008-79) (f) Being a by-law to set and levy the rates of taxation for City purposes for the year 2008 and to provide for the payment of taxes after interim taxes. (g) To confirm all actions and proceedings of the Council. tBy-law No. 2008-80) tBy-law No. 2008-81) (h) Being a by-law to exempt certain lots from Part Lot Control -Blocks 58 & 59, Registered Plan 58M-348 -Banffshire Crescent. tBy-law No. 2008-82) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 10:30 p.m. Carried. MAYOR CLERK COUNCIL MINUTES MAY 5, 200$ - 11$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That on-street parking be prohibited at anytime on the west side of Griffin Avenue from Liberty Avenue to Melrose Avenue; and further, That the Uniform Traffic By-law be amended accordingly. 2. That the Park Dedication By-law (Chapter 273 of the City of Kitchener Municipal Code) be repealed and replaced with the Proposed By-law dated April 11,2008 attached to Development and Technical Services Department report DTS-08-037; and, That the proposed policy attached to Development and Technical Services Department report DTS-08-037 be approved in principle as the City of Kitchener Park Dedication Policy, with the final policy to be brought back for approval following completion of land class appraisals; and, That staff obtain appraisals for the classes of land set out in the proposed policy; and further, That the current practice of exempting all Downtown development from park dedication be reconsidered in the context of the upcoming review of Downtown development incentives, including those offered under Community Improvement legislation. 3. That Council Policy I -1080 (Performance Securities) dated March 1, 1999 and amended November 9, 2000 be revised by adding the following; 2. c) The performance security is not to be reduced below 25% of the cost of all site development works (50% of the original value of the performance security) or $250,000, whichever is the lesser, until the City has received all required Site Development Works Notification Forms, giving complete certification of the site, and the City is in complete agreement with the certification. That clause 3 of Council Policy I -1080 (Performance Securities) dated March 1, 1999 and amended November 9, 2000 be deleted and replaced with the following; 3 a) If a cost estimate is not completed to the satisfaction of the Director of Planning, the calculations for Letters of Credit Based on Lot Area, Frontage and Use be based on the amounts as set out in the annual Fees and Charges By-law, to calculate the amount of the performance security. 3 b) After satisfactory completion of all site development works, the total amount of security held by the City shall be released; and further, That the Urban Design Manual, Letter of Credit Policy, Letter of Credit Release section, page DS-E-1.11, clause 4, be modified to reflect 2. c) above. 4. That the Fire Chief participate on the Region of Waterloo Traffic Signal Pre-Emption working group; and, That the Fire Chief and a representative from Human Resources participate on the Region of Waterloo Dispatch Model Review working group; and further, That the Fire Chief provide regular updates to Corporate Management Team and Council on the status of the projects. 5. That the extension of the purchase order for consulting services to Stantec Consulting for the amount of $155,000 plus GST for work completed on the Upper Blair Creek Functional Drainage Study, as part of the current Ontario Municipal Board Appeal in the Doon South Community Plan (Phase 2), be approved and be allocated from the Development Charges Fund -Engineering Studies (Index Code 861061). COUNCIL MINUTES MAY 5, 200$ - 119 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. That the updated Strategic Plan for the Environment as appended to Development and Technical Services Department report DTS-08-060 be adopted; and, That staff develop an Implementation Plan which identifies all current environmental initiatives for ongoing coordination through the Strategic Plan for the Environment and which includes a mechanism for budgeting, coordinating, monitoring and reporting on these, and all future, environmental initiatives; and further, That the Strategic Plan for the Environment be reviewed on a regular basis in order to provide timely guidance to related City policies and plans. COMMUNITY SERVICES COMMITTEE - 1. That the City of Kitchener assume full responsibility for the operation of Kiwanis Park for 2008 and future years; and, That the 2008 Kiwanis Park Budget, as attached to Community Services Department report CSD-08-034, be approved, including the staff complement for the 2008 operating year, with any net budget shortfalls to be funded as an operating over-expenditure; and, That the Kiwanis Park Operating Committee be permitted to operate the Kiwanis Park Snack Bar for the 2008 season, subject to the net revenues from its operation being used for various park enhancements, such as picnic table replacement and shelter upgrades; and, That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with the Kiwanis Park Operating Committee, for the operation of the Kiwanis Park Snack Bar for 2009 and future seasons, which shall include direction on how the Snack Bar's net revenues are to be used; and further, That the Kiwanis Park Operating Committee current reserve fund of $10,000. be applied toward the repayment of their $75,000. outstanding loan, and future consideration of the remaining loan balance be reviewed as part of the Snack Bar Agreement development process. 2. That aone-time Community Garden Grant in the amount of $1,000. ($400. cash and $600. in- kind services for the transportation of topsoil and sod stripping), be approved to the Christ Lutheran School Community Group to assist with costs related to the start-up of the Christ Lutheran School Community Garden. 3. That the request from private hot air balloon companies to use Kiwanis Park as a launching site, as outlined in Community Services Department reports CSD-08-036 and CSD-08-044, be denied. (Carried, as Amended) 4. That the potential to fund `developer-build' park conditions in subdivision agreements via development charge credits be considered as part of the Development Charge Policy review being undertaken in 2008/09, as outlined in Community Services Department report CSD-08- 028; and, That pending the completion of the Development Charge Policy review, the General Manager of Community Services be authorized to execute agreements to pay applicable park construction costs to developers/sub-dividers from Council approved capital accounts to facilitate the interim implementation of `developer-build' parks; and further, That pursuant to Kitchener Municipal Code Chapter 170.8 (Purchasing and Materials Management), the Director of Purchasing be authorized to issue the necessary Purchase Orders and waive the requirements for inviting tenders to facilitate the execution of `developer- build' parks. COUNCIL MINUTES MAY 5, 200$ - 120 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the request of Dandy's Restaurant, 85 King Street West to obtain an encroachment agreement for an outdoor patio for 2008 be denied. (Dealt with under Delegations and Carried) 2. WHEREAS the Council of the Corporation of the City of Kitchener has been made aware of the potential health risks to both humans and animals, posed by the weed commonly known as Giant Hogweed (GHW) (heracleum mantegazzianum); and, WHEREAS GHW can present a public health hazard to those susceptible to reactions from furocoumarins in the plant's sap, causing blindness, and or painful, photo-dermatitis/sensitivity to the skin, including permanent scarring; and, WHEREAS extreme precaution must be undertaken by anyone handling GHW; and, WHEREAS GHW is a very aggressive and invasive plant that could cause interference with agricultural crop practices and environmental ecosystems if not controlled; and, WHEREAS GHW is prevalent in other municipalities throughout the Region of Waterloo and Ontario; and, WHEREAS the plant GHW is commonly mistaken for Giant Cow's Parsnip; and, WHEREAS this plant is regulated as a noxious weed in other jurisdictions; and, WHEREAS the Waterloo Federation of Agriculture supports this request; THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener requests the Region of Waterloo to declare the weed commonly known as Giant Hogweed (heracleum mantegazzianum) as a locally noxious weed under Regional By-law; and further, That this resolution be circulated to all municipalities within the Region of Waterloo for their support. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Grand River Collegiate Institute at 175 Indian Road, for their Relay for Life Event to be held from 7:00 P.M. on May 9, to 7:00 A.M. on May 10, 2008. 4. That the request of the World Partnership Walk to sell refreshments in Victoria Park on May 25, 2008, be approved, provided the necessary licence is obtained, including Health and Fire approvals; and further, That the World Partnership Walk be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event in Victoria Park on May 25, 2008 from 11:00 a.m. to 3:00 p.m. 5. That approval be granted to sports organizations that are holding tournaments, during the months of May through November, 2008 and who have received Field Rental Permits/Contracts from Community Services at the sportsfields listed on Schedule `A' attached to Corporate Services Department report CRPS-08-049; to run a concession which may include the sale of hamburgers, hot dogs, pop, water, packaged foods, etc., as well as souvenirs; provided the necessary licence, including Health and Fire approvals is obtained. 6. That the request for the sale of food and/or merchandise on City property during various events being conducted from May to December 2008, listed on Schedule `A' of Corporate Services Department report CRPS-08-057, as amended by changing the location for the Cafe Cabaret from Victoria Park to the Civic Square, be approved, provided the necessary licences are obtained, including Health and Fire approvals; and, COUNCIL MINUTES MAY 5, 200$ - 121 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) That the request for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for the events listed on Schedule `B' of report CRPS-08-057, as amended by changing the location for the Cafe Cabaret from Victoria Park to the Civic Square, be granted; and further, That the request for permission to sell alcohol on City property for the events listed on Schedule `C' of report CRPS-08-057, as amended by changing the location for the Cafe Cabaret from Victoria Park to the Civic Square, be granted and be declared "Community Festivals" for the purpose of applying for a liquor licence. (Carried, as Amended) 7. That the Real Estate Services contract which had been awarded to Coldwell Banker Commercial -Peter Benninger Realty be extended for an additional one year period with an option to renew for one additional one year term. 8. That the Rules of Procedure for City Business Licensing Committees, as appended to Corporate Services Department report CRPS-08-059, be approved, subject to the satisfaction of the City Solicitor. COUNCIL MINUTES MAY 5, 200$ - 122 - 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. Execution of Engineering Agreement -University Meadows -Phase 3 It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and Planning & Engineering Initiatives Ltd., regarding University Meadows Subdivision -Phase 3, Draft Plan 30T-01205." 2. Various Tenders Dealt with under Delegations. 3. Request to Sell Refreshments -Victoria Park -Non-Violence Festival Council considered Corporate Services Department report CRPS-08-063 (P. Harris), dated April 28, 2008. It was resolved: "That the request of the K-W Humanist Movement to sell refreshments and merchandise in Victoria Park on June 8, 2008 be approved, provided the necessary licence is obtained, including Health and Fire approvals; and further, That the K-W Humanist Movement be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event in Victoria Park on June 8, 2008 from 12 noon until 10:00 p.m." 4. Exemption to Chapter 450 tNoise) -Downtown Street Cleaning Council considered Corporate Services Department report CRPS-08-064 (S. Turner), dated April 29, 2008. It was resolved: "That notwithstanding Council's resolution of April 21, 2008, an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to permit the Community Services Department, through an independent contractor, to undertake cleaning of the streets and sidewalks in the Downtown Core between the hours of 10 PM and 6 AM on various dates between May 11 and 17, 2008." 5. Requests to Operate Downtown Sidewalk Patios - 2008 Council considered Corporate Services Department report CRPS-08-065 (J. Sheryer), dated April 29, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for a period not to COUNCIL MINUTES MAY 5, 200$ - 123 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Requests to Oaerate Downtown Sidewalk Patios - 2008 tCont'd commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2008; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Matter of Taste, located at 119 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2008; and, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of The New York Pita Co., located at 82 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2008; and further, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of Taste of Philly Cheese Steak, located at 98 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2008." 6. Encroachment Agreement - 76 Mt. Hope Street Dealt with under Delegations. 7. Encroachment Agreement -1774 Old Mill Road Council considered Corporate Services Department report CRPS-08-067 (J. Sheryer), dated April 29, 2008. It was resolved: "That subject to obtaining minor variance approval for an exemption from Chapter 630 (Fences) of The City of Kitchener Municipal Code for the existing 6' fence; and further, That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) of the property municipally known as 1774 Old Mill Rd. (PIN 22733-0023), to legalize the existing 6' high fence which encroaches approximately .65', more or less, onto the Roos St. road allowance for a length of approximately 90', more or less." 8. Encroachment Agreement - 78 Harber Avenue Council considered Corporate Services Department report CRPS-08-068 (J. Sheryer), dated April 29, 2008. It was resolved: "That subject to a portion of the 5'3" high fence located in the driveway visibility triangle being removed or reduced to a height of 3' to be brought into compliance with Chapters 630 and 842 of The City of Kitchener Municipal Code; and, That subject to obtaining minor variance approval for an exemption from Chapter 630 (Fences) of The City of Kitchener Municipal Code for the remaining portion of the existing fence; and further, COUNCIL MINUTES MAY 5, 200$ - 124 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) $. Encroachment Agreement - 78 Harber Avenue tCont'd) That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) of the property municipally known as 78 Harber Ave. (PIN 22584-0138), to legalize the existing 2'6" high fence which encroaches approximately 3', more or less, onto the Byron Ave. road allowance for a length of approximately 25.26', more or less, and to legalize the existing 5'3" high fence which encroaches approximately 3', more or less, onto the Byron Ave. road allowance for a length of approximately 71.83', more or less." 9. Encroachment Agreement-1$ Old Forest Crescent Dealt with under Delegations. 10. Committee of Adjustment Decisions -Various Council considered Corporate Services Department report CRPS-08-060 (D. Gilchrist), dated April 17, 2008, concerning various fence applications. Item 10 iii) regarding Fence Variance Application FN 2008-004 (Carlos and Melanie Carvalho - 3 Coopershawk Street) was dealt with under Delegations. It was resolved: "That the application of Dan and Carole Hunt (FN 2008-002 - 145 Newbury Drive) requesting permission to erect a 1.524m (5') high wooden fence to be located 0.609m (2') from the side lot line abutting Newbury Drive rather than providing the required side yard abutting a street of 1.5m (4.92'), on Lot 114, Plan 1542, 145 Newbury Drive, Kitchener Ontario, BE APPROVED, subject to the following conditions: 1. That the proposed fence shall be located a minimum of 0.609m (2') from the side lot line abutting Newbury Drive, or closer to the existing trees if possible. 2. That the owner shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the side lot line, and, once approved shall install the said landscaping." -and- "That the application of Weldon, Sally and Susan Carr(FN 2008-003 - 93 Birch Avenue) requesting permission to relocate an existing 1.524m (5') high wooden fence such that the fence will have a side yard abutting Arnold Street of 0.609m (2') rather than providing the required side yard abutting a street of 1.5m (4.92'), on Lot 49, Plan 666, 93 Birch Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the proposed fence shall be located a minimum of 0.609m (2') from the side lot line abutting Arnold Street, or closer to the existing trees if possible. 2. That the owner shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the side lot line, and, once approved shall install the said landscaping. 3. That the owner shall provide and maintain a 4.57m (15') driveway visibility triangle at the lot line with 166 Arnold Street." -and- COUNCIL MINUTES MAY 5, 200$ - 125 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Committee of Adjustment Decisions -Various - tCont'd) "That the application of Grant Whitehead and Heather Barrow (FN 2008-005 - 470 Hearthwood Drive) requesting permission to erect a 1.525m (5') high wooden fence to have a side yard abutting Hearthway Street of 0.609m (2') rather then the required 1.5m (4.92'), on Lot 23, Registered Plan 58M-135, 470 Hearthwood Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owners shall receive approval of a landscaping plan from the Planning Division for landscaping to be installed between the fence and the side lot line and once approved shall install the said landscaping." -and- "That the application of Tri Mark Industrial Inc. (FN 2008-006 - 130-156 Birch Avenue) requesting permission to erect a 2m (6.56') high wooden fence to be located 1.5m (4.92') from the lot line along Birch Avenue rather than providing the required front yard set back of 7.6m (24.93'), on Part Lot 116, Registered Plan 666, 130-156 Birch Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall receive approval of a Site Plan application from the City's Planning Division. 2. That there shall be no gate access in this fence, on Birch Avenue, so as to eliminate any truck traffic on the residential street. 3. That the owner shall provide and maintain a 4.57m (15') driveway visibility triangle at 170 Birch Avenue."