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HomeMy WebLinkAboutCouncil - 2008-06-09COUNCIL MINUTES JUNE 9, 200$ CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held May 20, 2008 and special meetings held May 20 & 26, 2008, as mailed to the Mayor and Councillors, were accepted. Mayor C. Zehr announced that as a result of a friendly wager with the Mayor of Spokane, Washington, during this meeting he would be wearing the hockey jersey of the Spokane Chiefs, the 2008 MasterCard Memorial Cup Champions. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated May 22, 2008, from C. Carson, Senior Policy Advisory, Office of the Minister of Canadian Heritage, acknowledging receipt of Council's resolution regarding funding to establish new regional CBC radio stations. (b) Letter dated May 27, 2008, from the Hon. Dwight Duncan, Minister of Finance, acknowledging receipt of Council's resolution requesting increases in Provincial payments in lieu of taxes levied on certain institutions. (c) Correspondence dated May 29, 2008, from the Hon. Stockwell Day, Minister of Justice and Attorney General of Canada, acknowledging Council's resolution concerning the regulations of pellet guns, air rifles and paintball guns & markers. Mr. Mike Farwell, 1St Vice-Chair of the Kitchener Public Library (KPL) Board, spoke on behalf of the `One Book, One Community' literacy program, created to promote reading by adults and to build new connections region-wide through the shared experience of reading the same book at the same time. The book chosen for 2008 is `The 100-Mile Diet' by Alisa Smith and James MacKinnon, describing their experience in eating only locally-grown food within a 100-mile radius of their hometown, Mission, BC. It was noted that author events in conjunction with this program will take place around the Region from September 16-18, with Smith and MacKinnon visiting at KPL on Thursday, September 18, 2008. Mr. Farwell then presented a copy of the 2008 book of choice to each member of Council. Ms. Mary Jane Patterson, Executive Director, Residential Energy Efficiency Project (REEP), presented the organization's 2007 Annual Report, circulated this date, and announced a new project to transform two century old homes in Downtown Kitchener into models of energy and water conservation and renewable energy technology. Ms. Patterson introduced Mr. Graham Whiting, Whiting Design, who will work with REEP on the renovation projects. Mr. Whiting advised that 20 Mill Street will become the REEP House for Sustainable Living, public education centre and green renovation showcase; and 24 Mill Street will become REEP's green offices. The intent of the sustainable living house is to produce as much renewable energy as it consumes and become a model for energy savings. The offices will be green retrofit at an estimated 50% energy savings, designed to reduce parking in favour of alternative transportation modes and promote use of alternative energy sources. Council considered Chief Administrator's Office report CAO-08-016 (S. Adams), dated June 3, 2008, introducing the first annual Citizen's Report Card (2007) created by asub-committee of Compass Kitchener, as assisted by City staff. Mr. Don Bourgeois, Chair, and Ms. Sarah Marsh, Compass Kitchener, highlighted six community themes from within the City's `Plan for a Healthy Kitchener' as measured and graded by the group. Mr. Bourgeois advised that the results indicate a good start in the first year of the 20-year plan with room to improve in future years. Ms. Marsh provided an overview of the six themes, including: quality of life; diversity; downtown; development; environment; and, leadership and community engagement. A seventh corporate theme, efficient and effective government, was added by City staff as it is critical to delivering the other six community themes but is not part of Compass Kitchener's mandate; accordingly, no specific analysis was provided. Mayor C. Zehr commented that under the category of environment the City's grade could be raised as it recently received a Federation of Canadian Municipalities - CH2M Hill Sustainable Community Award in the residential development category for the Intowns Project (Woodside Avenue). COUNCIL MINUTES JUNE 9, 200$ - 163 - CITY OF KITCHENER Councillor B. Vrbanovic inquired as to any suggestions the delegation may have to raise the City's grade in respect to diversity and leadership /community engagement. Mr. Bourgeois noted that Compass Kitchener is currently working with City staff on development of a community engagement strategy with a report to follow later in 2008, as well as a review of the structure and mandate of Advisory Committees. Councillor J. Gazzola inquired as to the outcome of the Culture of Safety forum and Ms. Marsh advised that collaboration is ongoing in respect to the data collected. Ms. S. Adams added that a youth forum is proposed to allow youth to define their own issues regarding safety and the Downtown Community Collaborative continues to review and assess the data collected with a report to come forward at a later date. Councillor Gazzola referred to the issue of diversity, questioning if the difficulties encountered by immigrants / racialized persons is greater now than in the past. Mr. Bourgeois stated that Compass Kitchener is not in a position to judge but has participated in many initiatives that indicate it is an important issue to address. He commented that the City is not responsible for all within the community, recognizing that senior levels of government have a role as well. Councillor Gazzola expressed concerns regarding quota systems, stating that his preference is to have the best persons have opportunity regardless. Mr. Bourgeois advised that the intent is to connect people with appropriate skills to employers. Ms. Marsh added that Compass Kitchener is not advocating a quota system but rather a mechanism to provide opportunities for those with the right skills but who experience barriers to employment. Councillor J. Gazzola inquired as to the number of person hours and costs of the Compass Kitchener initiative. Ms. Marsh advised that a group of volunteers met early in 2007 in weekly sessions for approximately 5 months to gather the data and there is no cost to the City other than staff time to support the group. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Chief Administrator's Office report CAO-08-016, Compass Kitchener Report Card to Citizens (2007), be received." Carried. Mr. Joe Mancini, Kitchener Downtown Community Collaborative Street Outreach Worker Program, attended in regard to the Safe & Healthy Community Advisory Committee (S&HCAC) report of this date, dealing with a request from the group for $16,000. to be funded from the Committee's 2008 budget. Mr. Mancini advised that outreach workers estimate over 1,000 individuals identified as homeless or at risk of homelessness, are assisted each year through a network designed to connect these individuals to services and resources that can aid in addressing their issues. He noted that while the issues have not changed, there has been development of new partnerships, such as with local universities. It was noted that university students participate in the outreach program and currently the group has 7 street outreach workers. In addition, the Region of Waterloo is contributing for the first time this year in recognition of the importance of this work and the Province is investigating through the Local Health Integration Network how to address addiction-related health issues of street populations to reduce burden on the health care system. Councillor J. Gazzola suggested that the grant request should first be vetted through the appropriate Standing Committee similar to all other grants and appropriate documentation provided for consideration. Councillor B. Vrbanovic advised that the S&HCAC has historically had its own budget from which it is able to provide grant funding to organizations such as the Outreach Worker Program. He noted that he had asked that rather than acting alone, the Committee forward the request to Council for endorsement as well. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the report of the Safe & Healthy Community Advisory Committee of this date be adopted." Carried Unanimously. Mayor C. Zehr referred to individuals registered to speak this date requesting reconsideration of Council's May 5, 2008 decision to deny an encroachment agreement for a sidewalk patio during the 2008 season for Dandy's Restaurant, 85 King Street West. Mayor Zehr explained that Council's COUNCIL MINUTES JUNE 9, 200$ - 164 - CITY OF KITCHENER Procedural By-law provides that a Motion to Reconsider must firstly be introduced and passed by a vote of 2/3 of the members present before delegations can be heard and the matter reconsidered. He added that in the event a Motion to Reconsider is not brought forward, or does not receive the required vote, the matter would not be heard. Mayor C. Zehr invited members of Council to bring forward a Motion to Reconsider the matter and none was forthcoming. Having failed to receive a Motion to Reconsider, he advised that Council's previous decision would stand and the delegations would not be heard. Dr. Bruce Owers had registered to raise concerns regarding a lack of maintenance on City-owned property in the Doon Mills area but did not attend the meeting this date. Mr. Richard Gabinet had registered to speak to Clause 4 of the Heritage Kitchener report, dealing with a Heritage Permit Application HPA 2008-V-009 (20 Michael Street), but did not attend the meeting this date. Mr. David Wellhauser, Waterlooians.ca (Citizens for the Protection of the Waterloo Moraine), presented information on issues related to urban sprawl; lost water volumes; and a pipeline concept to Lake Erie. He asked that Kitchener protect its natural areas; request the Region to remove the Lake Erie pipeline concept; include cost of lost water volumes in economic analysis of proposed developments; and support creation of a Grand River Watershed Greenbelt. Mr. Alfred Bogusky, Director General, and Ms. Judith Stephen-Wells, Board Member, Kitchener- Waterloo Art Gallery, attended in regard to Item B.5 of the Committee of the Whole agenda this date, concerning termination of the City's limited guarantee of the Gallery's operating line of credit and release of the City's security interest in unencumbered artwork. Ms. Stephen-Wells advised that their renewal strategy has returned the Gallery to a state of growth and community prominence which could not have been accomplished without the assistance of the City in providing a guarantee of their operating line of credit. She added that the Gallery has signed an agreement with its banker, T-D Canada Trust, reducing the line of credit from $200,000. to $100,000. and having a stronger balance sheet, the Gallery no longer requires the City as a guarantor. Mr. Bogusky advised that as a next step, the Gallery intends to resume its collection mandate, as well as build on a capital Endowment Fund to provide support for operating costs and future debt retirement. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the Mayor and Clerk be authorized to execute aDischarge/Release with respect to an Agreement dated August 26, 2002 with the Kitchener-Waterloo Art Gallery for the purpose of terminating the City's limited guarantee of the Gallery's operating line of credit and releasing the City's security interest in unencumbered artwork; said documentation to be to the satisfaction of the City Solicitor." Carried. Mayor C. Zehr then referred to the 2008 MasterCard Memorial Cup Championships recently hosted by the Kitchener Rangers. Mayor Zehr and Councillor G. Lorentz presented tokens of appreciation to Mr. John Thompson, Tournament General Manager, who also accepted on behalf of Mr. Steve Bienkowski, Chair of the Host Committee; and to Ms. Kim Kugler, Manager of the Kitchener Memorial Auditorium Complex (KMAC). Mr. Thompson thanked the City for a successful collaborative approach and all those involved, including over 600 volunteers. Mr. Thompson then presented tokens of appreciation to members of Council, Kim Kugler and Keith Baulk, Director of Enterprises. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon circulated this date Financial Services Department report FIN-08-039 (L. Gordon), dated June 9, 2008, regarding a revised recommendation for Expression of Interest E08-024 (Consultant Services - Schedule B Class Environmental Assessment Study -Doon South Wastewater Servicing Facility), listed as Item B.lviii) on the Committee of the Whole agenda. COUNCIL MINUTES JUNE 9, 200$ - 165 - CITY OF KITCHENER In regard to Proposal P08-025 (Water & Gas Utilities GIS Data Conversion), Mr. Gordon agreed to provide additional information to Councillor J. Gazzola concerning the company with the lowest bid. Councillor B. Vrbanovic left the meeting. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T08-021, Vanier Drive Road Reconstruction (East of Shelley Drive to Siebert Avenue), be awarded to J. Weber Contracting Limited, Breslau at their tendered price of $1,235,235., including provisional items and contingencies of $134,375. 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 T08-020, Madison Avenue Road Reconstruction (Courtland Avenue to Charles Street), be awarded to 200$422 Ontario Limited ola Euro-Ex Construction, Woodstock, Ontario at their corrected tendered price of $1,294,715.63, including provisional items and contingencies of $142,225. 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 T08-048, Four (4), 3-Wheel Hydrostatic Drive, 1,830 mm (72") Rotary Type Triplex Mowers, complete to specification CKF-290-2008, be awarded to Turf Care Products Canada Limited, Newmarket, Ontario at their tendered price of $148,662.80, including P.S.T. and G.S.T." -and- "That Tender T08-049, Two (2) Utility Tractors, Four Wheel Drive, Diesel Powered, complete to specification CKF-90-2008, be awarded to Work Equipment Ltd., Courtland, Ontario at their tendered price of $197,331.90, including P.S.T. & G.S.T., plus optional equipment of two (2) salt and sand spreaders at a cost of $6,401.45 each, two (2) 14' front mounted rotary mowers at a cost of $18,273.23 each, one (1) snow blower at a cost of $9,424.20, one (1) sidewalk sweeper at a cost of $7,549.53 and two (2) sets of turf tires at a cost of $2,558.32 each, including P.S.T. & G.S.T." -and- "That Tender T08-050, Supply and Install Snow and Ice Removal Equipment on Two (2) Cab & Chassis, complete to specification CKF-325-2008, be awarded to Viking Cives Ltd., Mount Forest, Ontario at their tendered price of $141,175.42, including P.S.T. & G.S.T., plus optional equipment of one (1) box length of 170" at a cost of $375.16, including P.S.T. & G.S.T." -and- "That Proposal P08-025, Water and Gas Utilities GIS Data Conversion, be awarded to Rolta International Inc., Alpharetta, GA, USA at their proposed price of $334,759.16, including G.S.T., plus optional geo-referencing of source documents at a proposed cost of $127,312.50, including G.S.T., subject to a satisfactory contract being negotiated; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- COUNCIL MINUTES JUNE 9, 200$ - 166 - CITY OF KITCHENER "That Quotation 008-032, Supply of Work Gloves, be awarded to Huck Glove Groopco Ltd., Kitchener, Ontario at their quoted price of $30,611.02, including P.S.T. and G.S.T., for one (1) year, with an option to renew for a further two (2) one-year terms." -and- "That Expression of Interest E08-024, Consultant Services - Schedule B Class Environmental Assessment Study -Doon South Wastewater Servicing Facility, be awarded to Earth Tech Canada Inc., Kitchener at their estimated fee of $366,955., including a contingency of $31,771. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and, That the Mayor and Clerk be authorized to execute an Engineering Agreement for the provision of professional engineering services between the City of Kitchener and Earth Tech Canada Inc. at a total cost of $366,955., including applicable taxes, for completion of the Doon South Sewage Facility Schedule B' Class Environmental Assessment upon receipt of the necessary funds from the developers (Monarch Construction Limited and Activa Holdings Incorporated) who are providing front-end financing for this project in exchange for development charge credits; and further, That the Mayor and Clerk be authorized to execute a Development Charges Credit Agreement with developers in respect of developer's payment of the costs of the Doon South Sewage Facility Schedule `B' Class Environmental Assessment, including project administration cost, on terms and conditions satisfactory to the City Solicitor." -and- "That Expression of Interest E08-031, Consultant Services -Williamsburg Cemetery Phase II Development, be awarded to Hilton Landmarks Inc., Waterloo at their estimated fee of $70,176.75, including reimbursable expenses of $3,860. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." -and- "That Expression of Interest E08-045, Consultant Services -LEEDS Accredited Professional Consultant -Consolidated Maintenance Facility, be awarded to Morrison Hershfield Limited, Toronto at their estimated fee of $143,745., including 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 E08-055, Consultant Services -Organization Review -Financial Services, be awarded to Gazda, Houlne & Associates Inc., Oakville, Ontario at their estimated fee of $52,342.50, including allowances of $6,500. and G.S.T., based on a satisfactory agreement being negotiated and an upset fee being established." Carried. Jim and Sarah Csehi attended in support of Clause 1 of the Development and Technical Services Committee report of this date, dealing with approval of Demolition Application DC 08/04/UFR (76 Limerick Drive). Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 1 of the Development and Technical Services Committee report of this date be adopted." Carried. COUNCIL MINUTES JUNE 9, 200$ - 167 - CITY OF KITCHENER Mr. Mario Farenga, Classy Auto Service, attended in support of the zoning amending by-law listed as Items 10 h) and 13 h) on the Council agenda this date. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the zoning amending by-law (Classy Auto Service -Ottawa Street North), listed as Items 10 h) and 13 h) on the Council agenda, be given three readings this date." Carried. Mr. D. Marskell, Waterloo Regional Children's Museum, attended in support of Clause 4 of the Community Services Committee report of this date, dealing with a request for a general provision grant in the amount of $50,000. in support of operating expenses. Mr. Marskell advised that interest received annually from an Endowment Fund is used toward the Museum's operating expenses; however, due to volatility in investment markets the Museum anticipates a 0% return this year. Councillor J. Gazzola stated that while he supports the work of the Museum, he could not support the additional grant funding in light of the City having already forgiven in 2007 an outstanding debt of $160,252.; granted an additional $25,000. toward construction of a washroom for the facility; and has provided a 2008 operating grant of $101,242. He raised concerns that the funding is being requested mid-year and prior to completion of the 2007 year-end financial statements; and particularly, in light of other community needs that are not being met. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Clause 4 of the Community Services Committee report of this date be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway and C. Weylie. Contra: Councillor J. Gazzola Absent: Councillor B. Vrbanovic Motion Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 1- Dealt with under Delegations and Carried. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." At the request of staff, it was agreed to amend Clause 5 of the report by changing the date of deferral from August 11, 2008 to June 16, 2008. The Community Services Committee report was then voted on Clause by Clause. COUNCIL MINUTES JUNE 9, 200$ - 16$ - CITY OF KITCHENER Clause 4 - Dealt with under Delegations and Carried, on a recorded vote. Clause 5 -Carried, as Amended. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Finance and Corporate Services Committee be adopted." Carried. Councillor J. Gazzola referred to Clause 4 of the Heritage Kitchener report, dealing with a recommendation to refuse Heritage Permit Application HPA-2008-V-009 (20 Michael Street). Councillor Gazzola noted that staff had indicated they were satisfied that the minimum requirements under the application were being met; however, the Committee in its deliberation concluded that the proposed alterations did nothing to enhance the historic streetscape of the Victoria Park Heritage Conservation District. The Committee voted to refuse the application but the decision was not unanimous and Councillor Gazzola noted that as Chair of the meeting, he had not voted on the matter. Councillor Gazzola stated that in the event the Committee's recommendation failed, he was prepared to bring a motion to approve the application as staff has no concerns and as a means to extend confidence in the Heritage Conservation District designation process. Mr. J. Willmer provided a visual overview of the existing structure and proposed alterations for 20 Michael Street, consisting of a 417 sq. ft. rear addition. It was noted that a 117 sq. ft. one-storey addition will be located directly behind the existing attached garage and a 300 sq. ft. one-and-a-half storey addition will be located behind the one-storey addition, to the rear of the existing building; the second floor of which will be visible from the street. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 4 of the Heritage Kitchener report of this date be adopted." Motion Lost. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-009 (20 Michael Street), be approved to permit the demolition of the existing rear yard addition and the construction of a new 417 sq. ft. addition to the rear of the property at 20 Michael Street, in accordance with the plans submitted with the application and subject to the final building permit drawings being reviewed by Heritage Planning staff prior to the issuance of a building permit; and further, That this resolution replace the original Clause 4 of the Heritage Kitchener report of this date." Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the balance of the Heritage Kitchener report, excluding Clause 4, be adopted." Carried. Council considered Corporate Services Department report CRPS-08-091 (J. Sheryer), dated May 27, 2008, in regard to an encroachment agreement for 76 Mt. Hope Street, listed as Item 7 a) under Unfinished Business on the Council agenda of this date. COUNCIL MINUTES JUNE 9, 200$ - 169 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That subject to a portion of the 6' 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 3' and 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 76 Mt. Hope Street (PIN 22422-0031) to legalize the existing 3' high fence which encroaches approximately 1'6", more or less, onto the York Street road allowance for a length of approximately 32', more or less, and to legalize the existing 6' high fence which encroaches approximately 1'6", more or less, onto the York Street road allowance for a length of approximately 51', more or less." Carried. Council considered Financial Services Department report FIN-08-093 (J. Evans), dated June 4, 2008, recommending no action be taken with respect to an application for cancellation, reduction, refund or levy of taxes for 6 Executive Place, listed as Item 7 b) under Unfinished Business on the Council agenda of this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That pursuant to Section #357 of The Municipal Act, S.O. 2001, no action be taken with respect to the application to City Council for Cancellation, Reduction, refund or levy of taxes, for Islamic Shai Ithna-Asheri Jamaat of Kitchener Waterloo, 6 Executive Place, for the taxation year 2007." Carried. Mayor C. Zehr reported on Regional issues, advising that a new Ministry of Environment regulation under the Environmental Assessment Act will accelerate implementation of transit projects and the Region is preparing to transition the Rapid Transit EA to the new process. Anew policy has been adopted to fund local municipal roundabouts, with the Region to contribute an amount equal to the estimated one-time capital cost of traffic control signals to a local municipality that installs a roundabout in place of signals. It was also noted that early in 2010, Regional Council is to begin the process of putting a question on the November 2010 municipal election ballot, focusing on whether to continue to provide fluoridated water in Waterloo and portions of Kitchener, as well as the Townships of Woolwich and Wilmot. Council agreed to the request of Mr. R. Gosse, City Clerk, to add the following eight additional by- laws for three readings this date: • Municipal Plan Amendment and Zoning Amending By-laws (286 Duke Street West) -Clause 5 of the Development and Technical Services Committee report; • Zoning Amending By-law (967 Doon Village Road) -Clause 6 of the Development and Technical Services Committee report; • Municipal Plan Amendment and Zoning Amending By-laws (Triplex Study Report) -Clause 7 of the Development and Technical Services Committee report; • By-law to permit right-of-entry (5 and 7 Rose Street) -Clause 3 of the Finance and Corporate Services Committee report; • By-law to amend Chapter 508 (Alternative Massage Centres) of the Municipal Code -Clause 5 of the Finance and Corporate Services Committee report; and, • By-law to repeal and replace By-law 88-172 (Regulate Parking Spaces for Persons with Disabilities) -Clause 8 of the Finance and Corporate Services Committee report. COUNCIL MINUTES JUNE 9, 200$ - 170 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to designate the property municipally known as 70 King Street East in the City of Kitchener as being of historic and cultural heritage value or interest. (b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (c) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (e) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (g) Being a by-law to amend By-law 2006-148 to extend the time period for exemption from Part Lot Control -Part of Block 37, Registered Plan 1799 and Block 58, Registered Plan 58M-190 - Briarmeadow Drive. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Classy Auto Service -Ottawa Street North. (i) A by-law respecting sick leave credits for employees of the City of Kitchener. (j) A by-law respecting sick leave credits for employees of the Fire Department. (k) A by-law to repeal By-law Numbers 73-20-P, as amended, and 73-21-P. (I) To confirm all actions and proceedings of the Council. (m) Being a by-law to adopt Amendment No. 74 to the Municipal Plan -City of Kitchener - 286 Duke Street West. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Gay Isber -Duke Street West. (o) Being a by-law to amend 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Sestan Electric Construction Ltd. - Doon Village Road. (p) Being a by-law to adopt Amendment No. 75 to the Municipal Plan -City of Kitchener - Triplex Study. (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Central Neighbourhoods Area -Triplex Study. (r) Being a by-law to authorize owner's entry to adjoining land pursuant to section 132 of the Municipal Act, 2001. (s) Being a by-law to amend Chapter 508 of the City of Kitchener Municipal Code with respect to Alternative Massage Centres. (t) Being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. COUNCIL MINUTES JUNE 9, 200$ - 171 - CITY OF KITCHENER and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to designate the property municipally known as 70 King Street East in the City of Kitchener as being of historic and cultural heritage value or interest. tBy-law No. 2008-98) (b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-99) (c) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2008-100) (d) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2008-101) (e) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. tBy-law No. 2008-102) (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2008-103) (g) Being a by-law to amend By-law 2006-148 to extend the time period for exemption from Part Lot Control -Part of Block 37, Registered Plan 1799 and Block 58, Registered Plan 58M-190 - Briarmeadow Drive. tBy-law No. 2008-104) COUNCIL MINUTES JUNE 9, 200$ - 172 - CITY OF KITCHENER (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Classy Auto Service -Ottawa Street North. tBy-law No. 2008-105) (i) A by-law respecting sick leave credits for employees of the City of Kitchener. tBy-law No. 2008-106) (j) A by-law respecting sick leave credits for employees of the Fire Department. tBy-law No. 2008-107) (k) A by-law to repeal By-law Numbers 73-20-P, as amended, and 73-21-P. tBy-law No. 2008-108) (I) To confirm all actions and proceedings of the Council. tBy-law No. 2008-109) (m) Being a by-law to adopt Amendment No. 74 to the Municipal Plan -City of Kitchener - 286 Duke Street West. tBy-law No. 2008-110) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Gay Isber -Duke Street West. tBy-law No. 2008-111) (o) Being a by-law to amend 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Sestan Electric Construction Ltd. - Doon Village Road. tBy-law No. 2008-112) (p) Being a by-law to adopt Amendment No. 75 to the Municipal Plan -City of Kitchener - Triplex Study. tBy-law No. 2008-113) (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Central Neighbourhoods Area -Triplex Study. tBy-law No. 2008-114) (r) Being a by-law to authorize owner's entry to adjoining land pursuant to section 132 of the Municipal Act, 2001. tBy-law No. 2008-115) (s) Being a by-law to amend Chapter 508 of the City of Kitchener Municipal Code with respect to Alternative Massage Centres. tBy-law No. 2008-116) (t) Being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. tBy-law No. 2008-117) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. COUNCIL MINUTES JUNE 9, 200$ - 173 - CITY OF KITCHENER On motion, the meeting adjourned at 9:40 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 9, 200$ - 174 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Demolition Control Application DC 08/04/USR requesting permission to demolish a single family dwelling located at 76 Limerick Drive, owned by Jim and Sarah Csehi, legally described as Beasley's Broken Front Concession Part Lot 24 RP 58R-14050 PT 1, be approved in principle, subject to the following condition: a) That the owners obtain a building permit for the proposed single family dwelling. 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 single family dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued.' (Dealt with under Delegations and Carried.) 2. That the recommendations outlined in the Executive Summary for the 2007 Annual Audit Report, prepared by Totten Sims and Hubicki, be endorsed. 3. That the Tannery District Design and Development Vision be received as a guide for future site development processes at 36 Francis Street North. 4. That the following be approved as the Five Best Bets for 2008, in accordance with the Air Quality in Kitchener (2006) Report Best Bet #1 - Continue to support and implement energy efficiency initiatives; Best Bet #2 - Reduce reliance on automobiles and enhance non-vehicular accessibility; Best Bet #3 - Develop, promote and implement best management practices for non- manufacturing businesses; Best Bet #4 - Mobilize public opinion; and, Best Bet #5 - Establish a greenhouse gas emission reduction target and track implementation progress; and further, That staff, through the Environmental Study Group, investigate the feasibility and, if appropriate, pursue the implementation of the Air Quality in Kitchener Five Best Bets for 2008 and associated sub-action items, as outlined in Corporate Services Department report CRPS- 08-080. 5. That Official Plan Amendment Application OP08/01/D/KA requesting a change in designation from General Industrial to General Industrial with a Special Policy to permit personal services and studio, on lands municipally known as 286 Duke Street West, and legally described as Part Lot 221 Plan 376 & Part 1, RP58R-9291, in the City of Kitchener, be adopted, in the form shown in the Official Plan Amendment attached to Development and Technical Services Department report DTS-08-059, and accordingly forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC08/01/D/KA requesting a change from General Industrial Zone (M-2) to General Industrial Zone (M-2), with Special Regulation Provision 478R and Special Use Provision 3760 on the lands municipally known as 286 Duke Street West, and legally described as Part Lot 221, Plan 376 & Part 1, RP58R-9291 in the City of Kitchener, be approved, in the form shown in the Proposed By-law dated April 16, 2008, attached to Development and Technical Services Department report DTS-08-059. COUNCIL MINUTES JUNE 9, 200$ - 175 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. That Zone Change Application ZC07/02/D/KA requesting a change from Agricultural Zone (A- 1) to Residential Three Zone (R-3) with Special Regulation Provision 474R, Hazard Land Zone (P-3) and Property Detail Schedule 28 on the lands owned by Sestan Electric Construction Ltd., municipally known as 967 Doon Village Road, and legally described as PT of LT 2 Biehn's Tract; RP 58R-15561 PT 2, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated April 4, 2008, attached to Development and Technical Services Department report DTS-08-004, subject to the following condition: 1) That the zoning by-law not receive three readings until: a) the owner has removed the invasive species as indicated in the letter from Thompson Environmental, dated February 27, 2008, and further detailed on the Tree Sketch Prepared for Building Permit Application, dated February 26, 2008, attached thereto, to the satisfaction of the Director of Planning; b) that upon completion of the removal of the invasive species from the specified area: i. that arrangements be made for planting of 80 native shrubs and 6 native trees, to the satisfaction of the Director of Planning; and, ii. protective fencing is to be installed along the tree protection fencing line limit, as noted on Detail 1 of the Tree Sketch Prepared for Building Permit Application, dated February 26, 2008, and notification of the tree protection fencing shall be forwarded to the Director of Planning for review and approval; and further, iii. that the owner provides the City of Kitchener with an undertaking to maintain the protective fencing until final grading and sodding of the site has been completed. 7. That the Triplex Study Report, dated May 9, 2008, prepared by City of Kitchener Planning Staff in response to the passing of Interim Control By-law 2007-130 be received for information; and, That City Initiated Official Plan Amendment MP07/12/COK/TMW, which implements the recommendations of the Triplex Study Report, dated May 9, 2008, be adopted in the form shown in the Official Plan Amendment attached to Development and Technical Services Department report DTS-08-090, and accordingly forwarded to the Region of Waterloo for approval; and, That City Initiated Zone Change ZC07/18/COK/TMW, which implements the recommendations of the Triplex Study Report, dated May 9, 2008, be approved in the form shown in the "Proposed By-law", dated May 9, 2008, attached to Development and Technical Services Department report DTS-08-090; and further, That staff prepare a zoning by-law amendment to downzone all properties in the Mount Hope- Huron Park and K-W Hospital Planning Communities that are currently zone R-5 but do not meet the lot width and lot area requirements for triplex use, to be presented at the Development and Technical Services Committee meeting of October 20, 2008. COMMUNITY SERVICES COMMITTEE - 1. That aone-time Community Garden Grant in the amount of $1000. ($500. cash and $500. in- kind services for compost, wood chips and sod removal), be approved to the Maple Manor Garden Group to assist with costs related to the startup of Maple Manor Community Garden; and further, COUNCIL MINUTES JUNE 9, 200$ - 176 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) That the Mayor and Clerk be authorized to execute any and all necessary agreements with the Maple Manor Garden Group, satisfactory to the City Solicitor, allowing the Maple Manor Community Garden to be located on public lands known as the Maple Manor Court. 2. That aone-time Community Garden Grant in the amount of $1,000. ($420. cash and $580. in- kind services for compost, wood chips and sod removal) be approved to the Dirksen Court Garden Group to assist with costs related to the startup Dirksen Court Community Garden, which includes; and further; That the Mayor and Clerk be authorized to execute any and all necessary agreements with the Dirksen Court Garden Group, satisfactory to the City Solicitor, allowing the Dirksen Court Community Garden to be located on public lands known as the Dirksen Court. 3. That a general provision grant in the amount of $3,000. to the African Women's Alliance to assist with expenses to host the Annual Afro Festival on July 26, 2008, be approved. 4. That a general provision grant in the amount of $50,000. to the Waterloo Regional Children's Museum for general operating expenses, be approved. (Dealt with under Delegations and Carried on a recorded vote.) 5. That consideration of the following recommendation be deferred to the June 16, 200$ Community Services Committee meeting to allow for further information to be submitted outlining the results of funding applications submitted to various municipalities: `That a general provision grant in the amount of $4,000. not be approved to the Kitchener-Waterloo Youth Theatre.' (As Amended) 6. That a travel assistance grant in the amount of $1,400. for the Grand Philharmonic Youth Choir to attend the 28th World Conference of the International Society for Music Education in Bologna, Italy, from July 18 to 28, 2008, be approved. 7. That pre-commitments to purchase crypts total a minimum of 60% of the total capacity of the proposed Mausoleum at Williamsburg before a business case is presented to committee for consideration. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Bobby O'Brien's, 125 King Street West, Kitchener for each Wednesday evening between the hours of 7:00 P.M. and 11:00 P.M., from May 28 to October 15, 2008, for a Blues band, playing on their patio area. 2. That the purchase of Telestaff Enterprise Automated Staffing and Notification Software Program be approved from a single source provider, being: Principal Decision Systems International (PDSI). 3. That the draft by-law attached to Corporate Services Department report CRPS-08-071, be enacted to permit a right of entry onto 7 Rose Street, Kitchener for the purposes of undertaking necessary repairs to the building located at 5 Rose Street; and further, That the Mayor and Clerk be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, with the owners of 5 Rose Street respecting their obligations to the City and the owners /occupants of 7 Rose Street while exercising their right of entry to that property. COUNCIL MINUTES JUNE 9, 200$ - 177 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. That staff be directed to investigate operating areas outside of the Fleet Division that could be feasibly included in the ISO-14001 Environmental Management System. 5. That the draft by-law attached to Corporate Services Department report CRPS-08-087, be enacted to amend Chapter 508 (Alternative Massage Centres) of the City of Kitchener Municipal Code, subject to the inclusion of the following revised sections: "508.2.18 (2) Section 508.2.18(1) shall not apply where an attendant in a complementary health care centre performs alternative massage on another attendant for the purpose of maintaining credentials with a complementary health care organization when no patrons are present. -and- 508.3.5 (b) inspect documents or things relevant to the inspection." 6. That notwithstanding Council's resolutions of June 25, 2007 and February 4, 2008 directing that business license hearings be held for the following business: Artouch - 53 Madison Avenue North, Licence #20 07 000200 00 L6 Body & Soul - 91 Queen Street South, Licence #20 07 001662 00 L6 Ma Belle - 37 Bruce Street, Licence #20 07 000144 00 L6 Oriental Pearl Health Spa - 778 King Street East, Licence #20 07 000091 00 L6 WL Wellness Centre - 2934 King Street East, Licence #20 07 000361 00 L6 Ruby's Massage Studio - 1412 Victoria Street North, Licence #20 07 000397 00 L6 Phoenix Massage - 2271 Kingsway Drive, Licence #20 07 000885 00 L6 Relaxing Oriental Spa - 100 Victoria Street North; Council hereby directs that those hearings not proceed at this time. 7. That consideration of the Downtown Parking Petition received at the May 5, 2008 Council meeting, be referred to the Downtown Parking Strategy process, being undertaken in conjunction with the development of the Transportation Demand Management program; and further, That staff be directed to continue to consult with the Kitchener Downtown Business Association (KDBA) regarding this matter. 8. That the draft by-law attached to Corporate Services Department report CRPS-08-084, be enacted to repeal and replace By-law 88-172 (being a by-law to regulate parking spaces for persons with disabilities). 9. That the draft Council policies attached to Financial Services Department report FIN-08-076 concerning the Public Sector Accounting Board (PSAB) `Tangible Capital Asset' requirements, be approved. 10. That staff be directed to prepare a report outlining possible options to promote spay and neuter programs for cats and report back to the Finance and Corporate Services Committee by January 2009. 11. That Economic Development staff be directed to engage in discussions with the Regional Municipality of Waterloo, the Province of Ontario and the Federal government regarding the potential application of the Urban Development Agreement model to assist with coordinating and accelerating the re-urbanization and economic development process in Downtown Kitchener. COUNCIL MINUTES JUNE 9, 200$ - 17$ - CITY OF KITCHENER HERITAGE KITCHENER - REPORTS ADOPTED BY COUNCIL 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-IV-009 (307 Queen Street South), be approved to permit the replacement of the existing wooden windows with vinyl windows manufactured by Merit Windows, subject to the `shop drawings' of the manufactured windows being reviewed by Heritage Planning staff to ensure those drawings substantially comply with the window design specifications prepared by Kleinfeldt Consultants Limited dated May 2008. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-008 (60 Heins Avenue), be approved to permit the demolition of the shared garage. 3. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-007 (62 Heins Avenue), be approved, to permit the demolition of the shared garage and the construction of a new garage in accordance with the plans submitted with the application, subject to the final building permit drawings being reviewed by Heritage Planning staff prior to the issuance of a building permit. 4. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-009 (20 Michael Street), be approved to permit the demolition of the existing rear yard addition and the construction of a new 417 sq. ft. addition to the rear of the property at 20 Michael Street, in accordance with the plans submitted with the application and subject to the final building permit drawings being reviewed by Heritage Planning staff prior to the issuance of a building permit. (Original Clause 4 defeated and replaced by above resolution) 5. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-IV-006 (300 Joseph Schoerg Crescent), be approved, to permit the following alterations in accordance with the plans submitted with the application, subject to the final building permit drawings being reviewed by Heritage Planning staff prior to the issuance of a building permit: • the conversion of the undercroft area of the drive shed to accommodate vehicular parking; and, • the addition of two garage doors on the south elevation; and, • the revised deck, window and door design; and, • the addition of two walkways; and further, • the addition of an asphalt driveway with a soldier course of paving stone. SAFE AND HEALTHY COMMUNITY ADVISORY COMMITTEE - 1. That the request of the Kitchener Downtown Community Collaborative Street Outreach Worker Program for 2008 funding in the amount of $16,000. from the Safe and Healthy Community Advisory Committee's budget, be approved. (Dealt with under Delegations and Carried Unanimously) COUNCIL MINUTES JUNE 9, 200$ - 179 - 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. Request to Hold BBO -Chandler Mowat Community Centre -Rain Date Council considered Corporate Services Department report CRPS-08-095 (P. Harris), dated June 3, 2008. It was resolved: "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 12, 2008 as a rain date, be approved, provided the necessary licence, including Health and Fire approvals be obtained." 3. Request to Sell Refreshments -Cherry Park Neighbourhood Association -Cherry Park Council considered Corporate Services Department report CRPS-08-096 (P. Harris), dated June 3, 2008. It was resolved: "That the request of the Cherry Park Neighbourhood Association to sell refreshments and arts and crafts at Cherry Park, 84 Strange Street, on July 12, 2008, be approved, provided the necessary licence, including Health approval is obtained." 4. Event Ticket Policv and Golf Pass Policv Council considered Community Services Department report CSD-08-049 (K. Baulk), dated May 5, 2008, concerning proposed policies to restrict Council access to event tickets and golf passes. Mr. J. Beckner, resident, commented that he understood the demands and expectations of local politicians in their role as a member of Council to be involved in cultural /special events and was supportive of a reasonable ticket policy that best serves the interests of the Corporation, as well as the community. He expressed the opinion that the situation with the Elton John concert was poorly thought out and cautioned Council against acting too hastily in response to public comment based on inequitable reporting in the media. He suggested that the report be considered firstly by Committee and then Council to allow thoughtful consideration of the issue and more information to be given to the public; many of whom he suggested do not understand the importance or relevance of Council participation at such events. Mr. Beckner advised that in reviewing the report this date he was of the opinion that staff had given reasonable thought to the issue and was supportive of the proposed approach. Mayor C. Zehr advised that the report was made public prior to the meeting this date through various forms, including media coverage over the past weekend. He noted that it was always intended that the report come back directly to Council and it was his opinion the proposed policies provide a balanced approach between reasonable access and the concerns raised by members of the public. COUNCIL MINUTES JUNE 9, 200$ - 1$0 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Event Ticket Policv and Golf Pass Policv tCont'd) Councillor J. Gazzola referred to the provision in both policies for requests from Council for complimentary tickets over and above those outlined, for extraordinary corporate business purposes, to be approved by the Mayor for Council requests and by the Chief Administrative Officer for requests from the Mayor. He suggested that staff should not be part of the equation and asked that the latter be changed to provide that the Mayor's requests be approved by Council. Mayor C. Zehr pointed out that the timing of such requests may present practical issues in respect to arranging a meeting of Council to consider and vote on the matter. He noted that the proposed method is consistent with current practice for Council expense reports but suggested that if it is desired to eliminate staff from the equation, a more practical solution might be to have the Acting Mayor, as appointed monthly on a rotational basis, approve the Mayor's requests. At the request of Councillor J. Gazzola, it was agreed to amend both policies by changing the phrase "by the Chief Administrative Officer for requests from the Mayor" to "by the Acting Mayor for requests from the Mayor". It was resolved: "That two Council policies, one for `Kitchener Memorial Auditorium Complex (KMAC) Event Tickets' and the other for `Municipal Golf Courses Passes', as outlined in Community Services Department report CSD-08-049, be approved as amended by changing the phrase `by the Chief Administrative Officer for requests from the Mayor' to `by the Acting Mayor for requests from the Mayor'." 5. Kitchener-Waterloo Art Gallery - DischargelRelease of City Guarantee Dealt with under Delegations.