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HomeMy WebLinkAboutCouncil - 2008-05-20COUNCIL MINUTES MAY 20, 200$ CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor J. Gazzola. The meeting began with the singing of "O Canada" by Crystal borscht and Krystal Wolfe, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held May 5, 2008 and special meeting held May 12, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. Theresa Sauren, Executive Director, and Ms. Sara Wicks, Reduce the Juice Foundation (RTJ), provided an overview of the Foundation and its activities. The organization provides youth with an opportunity to take a leadership role on climate change issues and plans atwo-part project in 2008, including: involving university /high school students in community outreach directed toward promotion and encouragement of specific transportation conservation strategies; and, a school project involving one high school and three elementary schools in Waterloo geared toward anti-idling measures. The delegation requested endorsement of their project and permission to use the City's logo on promotional materials; as well as in-kind support in the form of training and information about existing Kitchener environmental programs. Clarification was requested regarding the expectation of in-kind support and the delegation suggested opportunity to meet with appropriate City staff to review existing City-related programs. It was noted that while the majority of activities are taking place in the City of Waterloo, there will be community events and outreach taking place throughout Waterloo Region. Councillor B. Vrbanovic suggested that the request be referred to staff for comment and report back to the May 26, 2008 special Council meeting. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That staff report to the May 26, 2008 special Council meeting in response to a request from the Reduce the Juice Foundation for endorsement of their 2008 project on climate change issues, including use of the City's logo on promotional materials and in-kind support for training and information on existing City-related environmental programs." Carried. 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 Councillor G. Lorentz regarding Tender T08-040 (Closed Circuit TV Inspection of Gravity Sewers), Mr. G. Murphy, Director of Engineering, agreed to investigate the feasibility of conducting this type of inspection utilizing in-house staff, with a report to come forward at a future date. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T08-027, Duke/Ontario Streets Parking Garage - 2008 Rehabilitation Program, be awarded to SST Group of Construction Companies Limited, Mississauga, Ontario at their adjusted tendered price of $801,675., including contingencies of $100,000. & 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 T08-040, Closed Circuit T. V. Inspection of Gravity Sewers, be awarded to Benko Sewer Services - A Division of Badger Daylighting Inc., London, Ontario at their tendered price of $155,673., including a contingency of $15,000. and G.S.T.; and further, COUNCIL MINUTES MAY 20, 200$ - 129 - CITY OF KITCHENER That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Proposal P07-049, City Hall Fire Alarm System Retrofit, be awarded to SimplexGrinnell, A Division of Tyco International of Canada Ltd., Hamilton, Ontario at their adjusted proposed price of $249,375., including P.S.T. & G.S.T., plus an annual preventive maintenance cost of $17,500. each year for the next fifteen (15) years following the initial one (1) year warranty period, subject to a satisfactory contract being negotiated; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That the City of Kitchener's portion of the University of Waterloo's request for proposal Ref. No. 08-84, Supply and Delivery of Stationery Supplies, be awarded to Corporate Express Canada Inc., Waterloo, ON for a three (3) year term, with an option to renew for a further two (2) year term; the City's estimated total dollar usage over aone-year period represents $81,348.93, including P.S.T. and G.S.T." Carried. Mayor C. Zehr advised that notice was given for any member of the public to speak this date to a by- law to change the name of a portion of Morrison Road to Sims Estate Drive, listed as Items 10 e) and 13 e) on the Council agenda. On invitation, no member of the public came forward to speak to this matter. Ms. Ziggy Isaak, cat rescuer, attended in regard to Clause 9 of the Finance and Corporate Services Committee report of this date, dealing with amendments to Chapter 408 (Animals) of the Municipal Code to regulate the keeping of cats. Ms. Isaak expressed the opinion that the recommendation does not properly address the real problem, asking that the by-law include provision for zero tolerance of unaltered animals within a household to address the issue of over-population of cats. She suggested that the provision should include requirement to obtain a licence with appropriate fee and fines for non-compliance. She added that a subsidized spay /neuter clinic is needed to support forced spay /neutering and such provisions should also apply to the Humane Society prior to adopting out cats. Ms. Isaak further suggested that the by-law must address the issue of those who feed cats but do not take responsibility for their ownership. Councillor B. Vrbanovic pointed out that the recommendation provides that staff will report back on the issue of spay /neuter programs for cats and Ms. Isaak questioned the timing for the report to come forward. Following discussion, Council agreed that staff be directed to report to the May 26, 2008 Finance and Corporate Services Committee meeting on a timeline for the subsequent report to be brought forward. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 9 of the Finance and Corporate Services Committee report of this date be adopted." Carried. Mr. Cal Gyapjas, resident, attended in opposition to Clause 1 of the Development and Technical Services Committee report of this date, dealing with a proposed parking prohibition for the months of January through March in each year on the west side of Borden Avenue North. Mr. Gyapjas advised that winter snow accumulation, together with parked vehicles attending special events at the Kitchener Memorial Auditorium Complex (KMAC), narrowed road widths affecting two-way traffic flow, as well as access to and from driveways. As a result, the City's Transportation Planning staff received a request from a local resident to review on-street parking regulations, and it is now proposed to implement an additional parking prohibition on the west side of Borden Avenue North between Crescent Street and Weber Street East. He expressed the opinion the proposal will only COUNCIL MINUTES MAY 20, 200$ - 130 - CITY OF KITCHENER serve to further aggravate the situation for those on the east side of Borden Avenue by creating greater demand for parking on that side of the road. He pointed out that residents have already experienced the effect of this proposal as a result of the City erecting `Emergency Only - No Parking' signs on the west side in conjunction with the Memorial Cup event. He added that eliminating parking on the one side has resulted in traffic now travelling at a faster pace, making it more dangerous than before for area residents exiting their driveways. Mr. Gyapjas asked that current parking regulations remain in effect with no additional prohibition added to the west side. Councillor J. Smola advised that he had attended a meeting in respect to the Memorial Cup event also attended by several residents of Borden Avenue North. At that time, concerns were raised regarding access of emergency vehicles on Borden Avenue. He added that he had personally experienced the narrowed road width during the winter months and was of the opinion that action is required to address the issue of emergency access. Councillor Smola questioned if the delegation would support the prohibition if implemented only for special events held at the KMAC and Mr. Gyapjas responded that he would be satisfied with that approach. Councillor Smola advised that he would like an opportunity to further discuss this matter with staff and area residents following the Memorial Cup event to determine if the parking prohibition was successful as it relates to emergency vehicle access and to ascertain if it is a feasible solution for future major events held at the KMAC. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 1 of the Development and Technical Services Committee report of this date dealing with a parking prohibition on the west side of Borden Avenue North, between Crescent Street and Weber Street East, be referred back to staff for further consultation with the Ward Councillor and area residents to address the issue of on-street emergency vehicle access to Borden Avenue, and in particular during major events at the Kitchener Memorial Auditorium Complex, with a further report to come forward at a future date." Carried. Mr. George Hannoush, resident, attended in regard to Item B.6 on the Committee of the Whole agenda, dealing with applications for cancellation, refund, reduction or levy of taxes. Mr. Hannoush advised that he had received notice of the meeting this date as it relates to 115 Benton Street but did not understand the purpose of his being asked to attend. Mayor C. Zehr advised that the notice was given to advise of the reduction in property tax recommended as a result of demolition of a building on the subject property and to provide Mr. Hannoush with an opportunity to speak to the recommendation if desired. Mr. Hannoush indicated that he had no concerns with respect to the recommendation for 115 Benton Street. Mr. Roza Shah, resident, also attended in regard to Item B.6 of the Committee of the Whole agenda, concerning a change in property class for 6 Executive Place. He stated that the Islamic Shia Ithna- Asheri Jamaat of K-W is a charitable organization and plans to construct a mosque on the subject property. Mr. Shah advised that he did not agree with the proposed property tax and asked that Council consider further reduction. Mr. D. Chapman advised that he had not had opportunity to discuss the delegation's concerns prior to the meeting this date and suggested deferral of the applications pertaining to 6 Executive Place to allow him to meet with Mr. Shah before a decision is made. At the request of Councillor G. Lorentz, Mr. Chapman also agreed to provide Council with specific details related to applications for 54 Cotton Grass Street. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That save and except the applications pertaining to 6 Executive Place, the applications to City Council for cancellation, reduction, refund or levy of taxes, totaling $264,722.05, as attached to Financial Services Department report FIN-08-074, be approved, pursuant to Section 357 of the Municipal Act; and further, COUNCIL MINUTES MAY 20, 200$ - 131 - CITY OF KITCHENER That the applications for cancellation, reduction, refund or levy of taxes pertaining to 6 Executive Place be deferred to the May 26, 2008 special Council meeting to allow staff an opportunity to meet with the applicant to discuss their concerns." Carried. Mr. Peter Smith, Bousfield Inc., attended on behalf of Cook Homes (Area 3), in respect to Clauses 4, 5 & 6 of the Development and Technical Services Committee report of this date, dealing with planning matters affecting development in southwest Kitchener, which include: the Alder Creek Watershed Study and Upper Strasburg subwatershed Plan Update; the Upper Strasburg Creek Class Environmental Assessment Report; and actions respecting development applications for lands known as the `West Side' (K-W Expressway / Trussler /Fischer-Hallman /Huron Roads). Mr. Smith advised that subsequent discussions have taken place with City staff to resolve issues respecting development plans for southwest Kitchener. He stated that he supports Clauses 4 and 6 of the report, and will support a revised Clause 5 to be introduced by staff this date regarding the Upper Strasburg Creek Environmental Assessment report. Mr. Vaughn Bender, RBJ Schlegel (Area 3), also attended in respect to Clauses 4, 5 & 6 of the Development and Technical Services Committee report, advising that he concurs with Mr. Smith's comments; adding that he was satisfied with the clarification given at the May 12, 2008 Development and Technical Services Committee meeting by Mr. J. Willmer, Director of Planning, regarding how all applications are to be considered for development of the `West Side' lands. Mr. Paul Britton, MHBC Planning Limited, attended on behalf of Area 2 property owners, in respect of Clauses 4, 5 & 6 of the Development and Technical Services Committee report, advising that he supports Clause 4 with the inclusion of the proposed clarification of the form of gravel pits and chloride application rates set out in Development and Technical Services Department report DTS-08- 047; and also supports the revised Clause 5 to be introduced this date and Clause 6. Mr. G. Murphy, Director of Engineering, advised that no further clarification in respect to Development and Technical Services Department report DTS-08-047 (Clause 4 of the report) is required. In respect to Clause 5, Mr. Murphy read the following statement into the record: "Schlegel, Cook and Voisin, as three landowners within Area 2 and 3, agree to the following in its entirety: Given that the Upper Strasburg Creek Class Environmental Assessment (culvert EA) recognizes that further flood control structures may be warranted downstream of Fischer- Hallman Road which may alter the preferred design of the Fischer-Hallman culvert. This then provides security and flexibility to the City of Kitchener to implement the best "flood control solution for all development upstream of Huron Road, including changes to the Fischer- Hallman Road culvert", (page 6-4 Upper Strasburg Creek Class Environmental Assessment [culvert EA]). Therefore, it is imperative that appropriate resources and priority must be directed to downstream studies in order that both the Strasburg Flood Control EA and Huron Road EA are concluded and adopted in early 2009 and that the City of Kitchener approves the Upper Strasburg Creek Class Environmental Assessment (culvert EA) and the Alder Creek Watershed Study and Upper Strasburg Creek Watershed Plan Update (subwatershed update) now on the basis that the culvert will be enlarged to its maximum size based on the result of downstream EA, if so determined by those downstream EAs, so as to minimize the storm water storage west of Fischer-Hallman. The proposed schedule for construction of the Fischer Hallman Culvert is as stated in Section 6.3 of the Upper Strasburg Creek Environmental Study Report. Provided the above, Schlegel, Cook and Voisin agree the Upper Strasburg Creek Class Environmental Assessment (culvert EA) and the Alder Creek Watershed Study and Upper Strasburg Creek Watershed Plan Update (subwatershed update), both dated January 2008, be approved without further change (with exception of clarifications contained within DTS-08-047) immediately and simultaneously." Mr. Murphy then provided the following revised recommendation proposed to replace Clause 5 of the Development and Technical Services Committee report of this date: COUNCIL MINUTES MAY 20, 200$ - 132 - CITY OF KITCHENER "That the Upper Strasburg Creek Class Environmental Assessment (EA) Report prepared by CH2M Hill and North-South Environmental Inc., dated January 2008, be received on the basis that the culvert could be enlarged to its maximum size in conjunction with the downstream Strasburg Flood Control EA and Huron Road EA, if so determined; and, That the Upper Strasburg Creek Class Environmental Assessment Report be filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act; and further, That staff be directed that both the Strasburg Flood Control EA and the Huron Road EA should be targeted to be concluded and adopted in early 2009." In respect to Clause 6 of the Development and Technical Services Committee report, Mr. Murphy read the following statement into the record: "With respect to planning considerations/decisions, Area 3 landowners (Schlegel and Cook) agree report DTS-08-071 and its recommendations be approved provided the following clarification is added as below (as per comments noted at Development and Technical Services Committee meeting of May 12th by Director of Planning, Jeff Willmer). All complete applications received from West Side Area (lands west of Fischer-Hallman Road) will be processed and circulated on same equitable basis as the plans (Mattamy et al) recommended for processing and circulation in report DTS-08-071 -Addendum to report DTS- 08-013 (Report Dated May 5, 2007). Appropriate resources and priority must be directed to Kitchener Growth Management Strategy (KGMS) and Fischer-Hallman Corridor studies in order that all are concluded in 2008 as all West Side Area applicants, including Mattamy Homes, are dependent on completion of these reports in order to proceed. The parties agree that the integrity of the KGMS must be respected and, therefore, any West Side Area approvals, preliminary or final, must wait for the final adoption of the KGMS Report." Councillor B. Vrbanovic referred to the second paragraph of Clause 6 of the report, suggesting that the paragraph be amended by adding the phrase `and approved' immediately following the phrase `recommendations of the Kitchener Growth Management Strategy are known' to address the span of time between when the recommendations may be known and when they are actually approved. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Clauses 4, 5 & 6 of the Development and Technical Services Committee report of this date be adopted, as amended, by deleting all deferral paragraphs; deleting Clause 5 in its entirety and replacing it with the revised recommendation as introduced by staff this date; and by adding to the second paragraph of Clause 6 the phrase `and approved' immediately following the phrase `recommendations of the Kitchener Growth Management Strategy are known'." Carried. Ms. Mary Ann Wasilka, resident, attended to speak to a petition submitted at the May 5, 2008 Council meeting concerning a request for free Downtown parking during specified periods of time. Ms. Wasilka advised that while this matter is to come forward at the May 26, 2008 Finance and Corporate Services Committee meeting, she would be unable to attend that date and had chosen this opportunity to bring forward her comments. She asked that a balanced approach be taken between the needs of business owners and those who choose alternative modes of transportation, such as transit. She proposed that if a decision is made to fund free Downtown parking, that a similar program to fund free transit also be considered. She added that she planned to attend the June 9, 2008 Council meeting to lobby for a portion of the gas tax dollars to go toward incentives to use transit on designated smog days. Mayor C. Zehr pointed out that the latter proposal would be difficult for the City to accommodate as the manner in which the gas tax funding may be used is strictly governed by the Federal government. COUNCIL MINUTES MAY 20, 200$ - 133 - CITY OF KITCHENER Councillor B. Vrbanovic suggested that Ms. Wasilka's suggestions be raised at a public meeting to be held later this week in respect to the Transportation Demand Management Study. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 1 -Dealt with under Delegations and Carried, as Amended. Clauses 4, 5 & 6 -Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Council considered this date Community Services Department report CSD-08-056 (R. Willms), dated May 15, 2008, concerning Clause 6 of the report, dealing with a grant request from the `Our World Festival of Music' organizers. It was noted in the report that staff and event organizers have found a means to deliver a quality two-day festival based on a smaller budget to be funded by the Ontario Arts Council grant and Special Events Tapestry funding envelope. Accordingly, Mayor Zehr advised that Clause 6 of the report is now redundant and has been withdrawn. The Community Services Committee report was then voted on Clause by Clause. Clause 6 -Recommendation redundant and not considered as the matter was Withdrawn. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted." Voted on Clause by Clause. Clause 8 -Voted on in two separate parts by recorded votes: Paragraphs 1 & 3 -Carried Unanimously by all members present. Paragraph 2 -Carried. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, B. Vrbanovic and C. Weylie. Contra: Councillor K. Galloway. Absent: Councillor J. Gazzola Motion Carried. COUNCIL MINUTES MAY 20, 200$ - 134 - CITY OF KITCHENER Clause 9 - Dealt with under Delegations and Carried. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of Heritage Kitchener be adopted." Carried. Mr. R. Gosse, City Clerk, advised that at the May 5, 2008 Council meeting, a recommendation was deferred pertaining to an encroachment agreement for 76 Mt. Hope Street that was to come forward again this date. He noted that Council was advised in an email this date by Legal Services staff that discussions are still ongoing with the property owner and are requesting a further deferral of the matter to the June 9, 2008 Council meeting. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "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 June 9, 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. Councillor G. Lorentz enquired as to when the report on the Ward Boundary Review is to come forward. Mr. Gosse advised that the report will come forward to the June 16, 2008 Finance and Corporate Services Committee meeting. He added that Dr. Williams, consultant for the project, will bring forward at that time his recommendation fora 10 ward system based on the four options presented for public consultation; however, the recommended configuration may not necessarily be one of the four. Councillor Lorentz questioned if it was normal practice for the consultant to put forward a recommended option to Council as he had expected several options to be presented from which Council would make the final decision. Mr. Gosse stated that Dr. Williams will forward a recommendation based on his expertise in this field; however, more importantly, the recommendation is based on public consultation with all stakeholders. He added that past process used by municipalities has been challenged in the recent past; and in particular, he cited the example of the City of Ottawa whereby their by-law to adopt a ward boundary system was challenged. Ottawa's process was found to be lacking in public consultation and resulted in their by-law being repealed and a subsequent process completed at significant cost. The subsequent model successfully undertaken by the City of Ottawa was driven by public consultation as opposed to their Council and Kitchener has closely followed that process utilizing an expert consultant who is also familiar with the City. Mr. Gosse added that while Council does make the final decision, the intent of the review is to provide a fully public process. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date, being a by-law to amend Chapter 745 (Guns) of the Municipal Code relative to Clause 7 of the Finance and Corporate Services Committee report; and a by-law to amend Chapter 408 (Animals) of the Municipal Code to regulate the keeping of cats relative to Clause 9 of the Finance and Corporate Services Committee report. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. COUNCIL MINUTES MAY 20, 200$ - 135 - CITY OF KITCHENER (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (e) Being a by-law to change the name of part of Morrison Road to Sims Estate Drive in the City of Kitchener. (f) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (g) Being a by-law to exempt certain lots from Part Lot Control -Part Lot 20, Registered Plan 58M-327 - Fallowfield Drive. (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 211 and 212, Registered Plan 254 - Cait Avenue. (i) Being a by-law to provide for the establishing and laying out of part of Country Clair Street and Colton Circle as public highways in the City of Kitchener. (j) Being a by-law to repeal and replace Chapter 273 of the City of Kitchener Municipal Code regarding Park Dedication. (k) To confirm all actions and proceedings of the Council. (I) Being a by-law to repeal and replace Chapter 745 of the City of Kitchener Municipal Code with respect to Guns. (m) Being a by-law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals (Cats) -Regulation. 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "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 G. Lorentz Seconded by Councillor B. Vrbanovic "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. 2008-84) COUNCIL MINUTES MAY 20, 200$ - 136 - CITY OF KITCHENER (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2008-85) (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. 2008-86) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2008-87) (e) Being a by-law to change the name of part of Morrison Road to Sims Estate Drive in the City of Kitchener. tBy-law No. 2008-88) (f) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-89) (g) Being a by-law to exempt certain lots from Part Lot Control -Part Lot 20, Registered Plan 58M-327 - Fallowfield Drive. tBy-law No. 2008-90) (h) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 211 and 212, Registered Plan 254 - Cait Avenue. tBy-law No. 2008-91) (i) Being a by-law to provide for the establishing and laying out of part of Country Clair Street and Colton Circle as public highways in the City of Kitchener. tBy-law No. 2008-92) (j) Being a by-law to repeal and replace Chapter 273 of the City of Kitchener Municipal Code regarding Park Dedication. tBy-law No. 2008-93) (k) To confirm all actions and proceedings of the Council. tBy-law No. 2008-94) (I) Being a by-law to repeal and replace Chapter 745 of the City of Kitchener Municipal Code with respect to Guns. tBy-law No. 2008-95) (m) Being a by-law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals (Cats) -Regulation. tBy-law No. 2008-96) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. COUNCIL MINUTES MAY 20, 200$ - 137 - CITY OF KITCHENER On motion, the meeting adjourned at 8:30 p.m. MAYOR CLERK COUNCIL MINUTES MAY 20, 200$ - 13$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the following recommendation as contained in Development and Technical Services Department report DTS-08-064 (On-Street Parking Prohibition -Borden Avenue North), be deferred and referred to a future meeting of the Development and Technical Services Committee, pending further discussion of all interested parties: "That on-street parking be prohibited from January 1St to March 31St of each year on the west side of Borden Avenue North from Crescent Street to Weber Street East; and further, That the Uniform Traffic By-law be amended accordingly." (Dealt with under Delegations and Carried, as Amended) 2. That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Rockway Holdings Ltd. regarding permission to enter upon and use the parking lot located at 1664 Huron Road, on June 14, 2008, for the purpose of operating an unpaid parking lot to serve attendees of the Grand Opening Celebration and Open House at Fire Station #7. 3. That consideration of the recommendation made in DTS-08-038 (A By-law to Amend Chapter 665 [Property Standards] of the City of Kitchener Municipal Code, with respect to Designated Heritage Property) be deferred and referred to a future meeting of the Development and Technical Services Committee. 4. That the Alder Creek Watershed Study and Upper Strasburg Subwatershed Plan Update, prepared by CH2MHill and North-South Environmental Inc., dated January, 2008 be adopted and approved in its entirety including the proposed clarification with regards to the form of gravel pits and chloride application rates as set out in Development and Technical Services Department report DTS 08-047. (Dealt with under Delegations and Carried, as Amended) 5. That the Upper Strasburg Creek Class Environmental Assessment (EA) Report prepared by CH2M Hill and North-South Environmental Inc., dated January 2008, be received on the basis that the culvert could be enlarged to its maximum size in conjunction with the downstream Strasburg Flood Control EA and Huron Road EA, if so determined; and, That the Upper Strasburg Creek Class Environmental Assessment Report be filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act; and further, That staff be directed that both the Strasburg Flood Control EA and the Huron Road EA should be targeted to be concluded and adopted in early 2009. (Dealt with under Delegations and Carried, as Amended) 6. That the `Business Park' land use designation for the lands known as the `West Side', being the south side of Bleams Road between Trussler Road and Fischer-Hallman Road, continue to be held in abeyance and that new urban designations be determined, to include residential and a mixture of land uses (including employment opportunities), a focus on implementing environmental sustainability principles and a high level of urban design be explored, along with the preparation of Community or Master Plans at the appropriate time recommended by the Kitchener Growth Management Strategy; and, That approval of any development applications for the lands known as the `West Side' (Conestoga Parkway/Trussler/Fischer Hallman/Huron), including MP04/03/B/BS, MP05/03/T/DR, MP05/04/H/BS, the subdivision and zone change applications recently submitted to the northwest of Fischer Hallman/Huron Road intersection and any new applications in the subject area wait until after the recommendations of the Kitchener Growth Management Strategy are known and approved, and the timing for recommendation of these applications be re-evaluated thereafter; and, COUNCIL MINUTES MAY 20, 200$ - 139 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) That staff coordinate transportation master planning for the southwest portion of Kitchener and vision and design principles for the Fischer-Hallman Corridor from New Dundee Road to Ottawa Street with the Region of Waterloo and any affected `West Side' land owners; and, That the update contained within Development and Technical Services Department report DTS-08-013 on the Kitchener Growth Management Strategy (KGMS) be received for information and a report on the KGMS be targeted by the end of 2008; and further, That Development and Technical Services Department report DTS-08-071 be received for information purposes, regarding the circulation of plans of subdivision and rezoning applications for Tru-Villa Incorporated & 2040769 Ontario Limited (Mattamy Homes), and Karen and Gordon Doehn, for land west of Fischer-Hallman Road and north of Huron Road." (Dealt with under Delegations and Carried, as Amended) 7. That the extension of the purchase order for consulting services to Stantec Consulting Limited for the additional amount of $65,000 plus GST to complete the Class Environmental Assessment Study for the Strasburg Creek Flood Control Structure be approved with the funds to be allocated from the Development Charges Project, Middle/South Strasburg Creek Water Course, Index Code 855221. 8. That Demolition Control Application DC 08/02/F/SR requesting permission to demolish a single family dwelling located at 770 Frederick Street, owned by Stephen Patrick McElhone, legally described as Plan 764 Part Lot 43 RP58R7302 Part 1, be approved in principle, subject to the following condition: 1) That the owner obtains site plan approval for the proposed eight (8)-unit multiple dwelling; and further, That upon satisfaction of Condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: "That in the event that construction of the 8-unit multiple dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued." 9. That Demolition Control Application DC08/01/C/BB requesting permission to demolish one single detached dwelling located at 103 Courtland Ave. E., owned by A. & F. Greenfield Homes Ltd., legally described as Pt. Lot 3, Registered Plan 419, be approved unconditionally. 10. That Demolition Control Application DC08/03/A/AP requesting permission to demolish one single detached dwelling located at 196 Ahrens Street West, owned by Kelly Robinson and Vera Petrovic, legally described as Lot 5, Plan 75 be approved unconditionally. 11. That the City of Kitchener Cycling Advisory Committee be instituted effective September 2008; and, That the Terms of Reference for the City of Kitchener Cycling Advisory Committee, attached to Development and Technical Services Department report DTS-08-069 be adopted; and further, That a Cycling Advisory Committee Account be established with $400.00 for meeting expenses in 2008. COUNCIL MINUTES MAY 20, 200$ - 140 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute and, if necessary, permit registration on title, documentation pertaining to those matters referenced below to satisfy approval requirements relating to the Doon Valley Golf Course Expansion, provided same is satisfactory to the City Solicitor, namely: 1. the City of Kitchener granting a Conservation Easement over a portion of the Doon Valley Golf Course lands in favour of the Region of Waterloo; and, 2. the City of Kitchener granting a 30 metre wide easement or license over a portion of the Doon Valley Golf Course lands in favour of the City of Cambridge for a public recreational walking trail; and further, 3. the City of Kitchener conveying a road widening across the Fountain Street frontage of a portion of the Doon Valley Golf Course lands in favour of the Region of Waterloo. 2. That the existing Victoria Park Entrance Feature Public Art Project Agreement with Ernest Daetwyler for `The Luggage Project', be amended to include costs for extended insurance and storage totalling $4,340.; and further, That the Mayor and Clerk be authorized to execute the amended agreement, subject to the satisfaction of the City Solicitor. 3. That the existing Kitchener Memorial Auditorium Public Art Agreement with Ron Baird for `The Gathering Tree', be amended to include costs for an unanticipated increase in materials totalling $3,000.; and further, That the Mayor and Clerk be authorized to execute the amended agreement, subject to the satisfaction of the City Solicitor. 4. That the use of the 2006 Festival of Neighbourhoods Capital Improvement Grant to fund the proposed horticulture plan and plantings on Hartwood Green, as outlined in Community Services Department report CSD-08-047, be approved. 5. That the general provision grant request of $12,500. ($7,500. cash; $5,000. in kind) from the Kitchener-Waterloo Humanist Movement to assist with expenses related to hosting a City Hall Forum, aNon-Violence International Film Festival and aNon-Violence Festival Day in Victoria Park, be denied. 6. That a general provision grant in the amount of $7,250., be approved to `Our World Festival of Music' to assist with costs related to expanding the 2008 event to a second day." (Recommendation Redundant and not considered as the matter was Withdrawn) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Calvary Memorial United Church on Saturday, June 21, 2008 between the hours of 1:00 P.M. and 4:00 P.M., for their Annual Strawberry Social. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Westheights Community Church between the hours of 4:00 PM and 8:00 PM on June 8, 2008. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Collegiate Institute for their Environmental Festival in Victoria Park between the hours of 3:00 PM and 10:00 PM on June 12, 2008. COUNCIL MINUTES MAY 20, 200$ - 141 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. That Homeniuk Rides Inc. be granted permission to operate a Midway at the Optimist Sports Park, 120 Pioneer Drive on May 29-June 1, 2008, subject to the following: Date of O eration Hours of O eration Thursda , Ma 29 3:30 m - 10:00 m Frida , Ma 30 3:30 m - 10:00 m Saturda , Ma 31 10:00 am - 11:00 m Sunda ,June 1 Noon - 9:00 m ;and, 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. 5. That the request of the Forest Heights Community Centre to sell refreshments at 1700 Queen's Boulevard on September 20, 2008, be approved, provided the necessary licence, including Health and Fire approvals, is obtained. 6. That the request of Chandler Mowat Neighbourhood Association to hold a barbecue and garage sale at Chandler Mowat Community Centre, 222 Chandler Drive on July 5, 2008 be approved, provided the necessary licence, including Health and Fire approvals, is obtained. 7. That the draft by-law attached to Corporate Services Department report CRPS-08-061, be enacted to repeal and replace Chapter 745 (Guns) of The City of Kitchener Municipal Code; and further, That the draft by-law attached to Corporate Services Department report CRPS-08-061, be enacted to amend Chapter 270 (Parks) of The City of Kitchener Municipal Code. 8. That Kitchener City Council allocate the $32.5 M previously earmarked from the Economic Development Investment Fund towards funding the Kitchener Public Library's (KPL) renovation and expansion of the existing Main Library on its current location (85 Queen Street North); and, That Kitchener City Council direct KPL staff to work with City Finance staff to bring back a report in September 2008 outlining a financial plan for funding Options 2 and 3, as outlined in KPL's report dated May 12, 2008; and further, That Kitchener City Council direct KPL staff to continue to work on a joint parking solution with City staff and other organizations located in the Civic District area. (Carried on recorded votes) 9. That a by-law be enacted to amend Chapter 408 (Animals) of the City of Kitchener Municipal Code to regulate the keeping of cats and to prohibit the keeping of cats on any property from creating an adverse impact on neighbouring properties, as outlined in Corporate Services Department report CRPS-08-062; and further, That staff be directed to report on the issue of spay and neuter programs for cats, as was identified during the public consultation process. (Dealt with under Delegations and Carried) COUNCIL MINUTES MAY 20, 200$ - 142 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 10. That Human Resources Policy 11-265 (Sick Leave and Workplace Safety & Insurance Board), be amended to make provision for Family Medical Leave, as attached to Chief Administrator's Office report CAO-08-011, and the necessary changes be made to the City's Sick Leave By- laws. 11. That the projected 2008 winter control deficit of $1.2 M be mitigated in part by the temporary net expense reductions, as outlined in Appendix B to Financial Services Department report FIN-08-050, amounting to $1.0 M, except service reduction related to grass cutting; and further, That the May Interim Financial Statement report (June 16, 2008) include a recommendation with respect to how any remaining projected City-wide deficit should be mitigated. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-004, be approved to permit the construction of a 300 square foot addition to the rear of the property at 74 Rex Drive, in accordance with the plans submitted at the May 6, 2008 Heritage Kitchener meeting and subject to the final building permit drawings being reviewed by Heritage Planning staff, prior to the issuance of a building permit. 2. That the request of Kitchener Housing Inc. to permit the installation of air conditioner units on the north (Joseph Street), east, and west (David Street) elevations of 25 Joseph Street (former Victoria Public School), be approved subject to compliance with the following criteria: i. That only one air conditioner unit be permitted per residential dwelling unit; and, ii. That the tenant be required to enter into an Operating Agreement with Kitchener Housing Inc. prior to the installation of the air conditioner unit; and, iii. That the Kitchener Housing Inc. Operating Agreement for the installation of air conditioners include the following conditions: • the air conditioner unit must be professionally installed to the satisfaction of Kitchener Housing Inc.; • air conditioner units must be installed on a platform supplied and constructed by Kitchener Housing Inc.; • the platform on which the air conditioner is located shall be constructed of wood and may not be physically fastened to the exterior of the building; • the platform shall be painted to match the existing window; • the installation of the air conditioner unit must be inspected by Kitchener Housing Inc. to ensure the installation and use of the air conditioner causes no physical damage to the building or its heritage attributes; • the installation of air conditioner units shall be temporary, and units may not be installed prior to May 1St and must be removed by September 30th each year; and, iv. That the permitted location of air conditioner units shall be in accordance with the building elevation drawings attached as Appendix `A' to Development and Technical Services Department report DTS-08-068; and, COUNCIL MINUTES MAY 20, 200$ - 143 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 2 (Cont'd) v. That air conditioner units which do not meet these criteria, be subject to the formal Heritage Permit Application process prescribed for under Section 33 of the Ontario Heritage Act; and further, That requests to install a satellite dish at 25 Joseph Street, be subject to the formal Heritage Permit Application process prescribed for under Section 33 of the Ontario Heritage Act. 3. That pursuant to Section 33 of the Ontario Heritage Act and in accordance with the written approval provided by the Ontario Heritage Trust dated April 24, 2008, as required by the Heritage Conservation Easement Agreement (Instrument No. 1067748, registered February 1, 1991), Heritage Permit Application HPA 2008-IV-005, be approved to permit the replacement of the gallery clerestory windows, the cedar shingle roof and associated flashings and rain water disposal system at 1754 Old Mill Road (Homer Watson House and Gallery). COUNCIL MINUTES MAY 20, 200$ - 144 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. Permission of Outdoor Garage Sale - Country Hills Recreation Association Council considered Corporate Services Department report CRPS-08-082 (P. Harris), dated May 14, 2008. It was resolved: "That the request of the Country Hills Recreation Association to hold an outdoor garage sale at 100 Rittenhouse Road on June 7, 2008 be approved, provided the necessary licence is obtained." 3. Permission to Sell Refreshments & Merchandise -Victoria Park -Kitchener Collegiate Institute Council considered Corporate Services Department report CRPS-08-081 (P. Harris), dated May 14, 2008. It was resolved: "That the request of the OneEarth Environment and Social Justice Club at K.C.I. to sell merchandise and refreshments in Victoria Park on June 12, 2008, be approved, provided the necessary licence is obtained, including Health approval." 4. Liquor Licence Review Application -Taste of Mediterranean - 4 King Street East Council considered this date Corporate Services Department report CRPS-08-079 (P. Harris), dated May 14, 2008, concerning an application for a liquor licence for Taste of Mediterranean located at 4 King Street East (2160878 Ontario Inc.). Councillor J. Smola commented that the business owner has indicated that the hours of operation are from 10:00 a.m. to 10:00 p.m. yet the conditions the City is asking be applied to the licence provides that the business is to stop serving alcohol by 2:00 a.m. daily. Councillor Smola referred to a previous application by Lucky's Wings in which Council applied a condition to that business to stop serving alcohol by 12:01 a.m. for the first year of operation. He asked that Council consider the same condition for Taste of Mediterranean in the interest of maintaining a consistent approach. Mr. R. Gosse advised that the standard closing time as set by the Province is 2:00 a.m. and in the case of Lucky's Wings, Council chose to amend the standard closing time. He suggested that if Council intends to have the amended approach apply to all future applications, a report should come back to the Committee outlining the affect of amending the standard conditions. Councillor B. Vrbanovic recalled that as part of the discussions surrounding Lucky's Wings, a staff working group was being reconvened to subsequently review standard conditions applied to liquor licences to determine if any changes are needed. He suggested, however, that Taste of Mediterranean should not be considered in the same COUNCIL MINUTES MAY 20, 200$ - 145 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Liquor Licence Review Application -Taste of Mediterranean - 4 King Street East tCont'd) context as Lucky's Wings, as the latter location had problem issues associated with the amended closing hour. Notwithstanding, he did agree that it would be reasonable to apply the earlier closing hour to Taste of Mediterranean given the hours of operation suggest the business will close at 10:00 p.m. in any event. It was resolved: That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council take no action to oppose the application for a liquor license for Taste of Mediterranean located at 4 King Street East applied for by 2160878 Ontario Inc. (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the Alcohol & Gaming Commission of Ontario (AGCO) chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. for the first year of operation, stop serving alcohol by 12:01 a.m. and close the business by 1:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and the Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 5. Encroachment Agreement -Downtown Sidewalk Patio -Exhibit Cafe - 10 King St West Council considered Corporate Services Department report CRPS-08-085 (J. Sheryer), dated May 14, 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 Exhibit Cafe, located at 10 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. Applications for Cancellation, Refund, Reduction or Levv of Taxes Dealt with under Delegations. COUNCIL MINUTES MAY 20, 200$ - 146 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Exemption to Chapter 450 (Noise) of the Municipal Code -Homer Watson Boulevard I K-W Expresswav Structure Repairs Council considered this date Development and Technical Services Department report DTS-08-094 (J. McBride), dated May 12, 2008, concerning a request for a noise exemption to address structure repairs to the K-W Expressway overpass at Homer Watson Boulevard. It was resolved: "That the Ministry of Transportation and its contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code during the structure repairs on the K-W Expressway overpass at Homer Watson Boulevard, in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period of two consecutive weekends in May, 2008."