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HomeMy WebLinkAbout2008-06-23COUNCIL MINUTES JUNE 23, 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 Taylor Jaztrab, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held June 9, 2008 and special meetings held June 9 & 16, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Council considered Chief Administrator's Office report CAO-08-014 (A. Grafstein), dated June 17, 2008, concerning an update on activities of the Community Engagement Strategy Working Group (CESWG) and tabling of a draft Community Engagement Policy. Ms. Jasminka Klacar, Chair, and Abbie Grafstein, CESWG, presented an overview of the group's activities together with a draft Community Engagement Policy, draft Diversity Lens and next steps. The draft policy includes six principles for community engagement, being: communication; inclusivity; transparency and accountability; continuous improvement; resources; and, engaging partners. The model includes a continuum of approaches from passive to active and associated commitments relative to involving the community in specific engagement initiatives. The draft Diversity Lens provides a checklist of inclusive practices that provide staff with tangible examples of how to practice community engagement at each level in an inclusive manner. Next steps include: focused community feedback; development of formal process and tools to assist staff in deciding what level of engagement is most appropriate to use; input from staff on required resources to implement the policy; training and development of a metrics for measurement; and inclusion of a `Community Engagement' section in the report templates for Standing Committees and Council. Councillor J. Gazzola questioned the statistics that suggest 84% of residents want to be engaged and / or participate in the decision making process given only approximately 22% voted in the last election. Ms. Grafstein stated that she believed the statistics to be true based on data generated by the `Who Are You, Kitchener?' survey. Councillor Gazzola asked for examples of how the City has not been inclusive and Ms. Grafstein cited scheduling of public meetings on dates of significant cultural celebrations or religious holidays. She advised that staff now has access to a diversity calendar that can be consulted prior to arranging public meetings to ensure that these events are not scheduled during such times. Councillor Gazzola questioned how serious a problem this is and Ms. Grafstein pointed out that it is part of the City's strategic direction, having received input from the community that indicates a desire for more inclusivity. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the draft Community Engagement Policy attached to Chief Administrator's Office report CAO-08-014 (Appendix 1) be tabled to allow for time to receive focused feedback, to pilot technical aspects of the policy in operating divisions, and to prepare an implementation strategy." Carried. Council considered Chief Administrator's Office report CAO-08-021 (S. Adams), dated June 16, 2008, outlining a number of recommendations for enhancement of the City's Advisory Committees as a result of a review undertaken by Compass Kitchener. The review was undertaken as part of the group's work plan stemming from the City's `A Plan For a Healthy Kitchener, 2007-2027'. Ms. C. Ladd advised that following substantial research and consultation, Compass Kitchener is proposing a significant number of recommendations encompassing a broad spectrum. She suggested that rather than proceeding with a decision this date, the report be tabled at this time to allow Council an opportunity to further dialogue with Compass Kitchener and City staff, and the report come back in August 2008 for a final decision. She noted that this timing is still sufficient for staff to make preparations for appointments to be made in November, 2008 for the 2009-2010 term. Mr. Theron Kramer, Chair, Advisory Committee Review Working Group, highlighted the group's recommendations, noting that no change in the current configuration of Advisory Committee's is recommended as the existing was found to complement the City's strategic direction. Amendments to Council Policies I-60 (Advisory Committees); I-63 (Appointments to Boards and Committees); and, COUNCIL MINUTES JUNE 23, 200$ - 1$5 - CITY OF KITCHENER I-77 (Compass Kitchener -Terms of Reference) are proposed, encompassing: addition of Compass Kitchener and the newly established Cycling Advisory Committee to the policy and creation of a Chair and Vice-Chair system with positions to be held by citizen members and Councillors to be appointed as liaisons to Council; establishment of a Nominating Committee to recommend a list of appointees to Council and have ability to re-convene to consider appointments for vacancies as they arise; four- year appointments to coincide with the term of Council, to a maximum of 8 years service (except, 1/3 of Committee memberships to be appointed fora 2-year term in 2009-2010 to assist in succession planning and implementation process); Compass Kitchener to host annual co-advisory committee meetings and annual chair /vice chair meetings to discuss strategic directions, share information and identify opportunities for collaboration; Advisory Committee Terms of Reference to be reviewed prior to 2010 and on a term-by-term basis to provide for clarity of mandate, with one or two-year work plans to be developed and reported on annually to Council; administrative enhancements that include taking actions to improve communications and provide expanded orientation /training and volunteer recognition. Next steps will include communication of the report and Council's decision to Advisory Committees, staff and other participants, as well as supporting implementation of administrative changes. Councillor K. Galloway raised concerns relative to under-represented groups, such as youth, suggesting that Terms of Reference should include a requirement for at least one youth member; and inconsistency in administrative support, provision of individual budgets and provision of minutes for Advisory Committees. Mr. Kramer advised that the whole issue of inclusivity, including youth representation, is being reviewed as part of the community engagement process and the issue of providing minutes is being addressed in the recommendation to provide monthly committee meeting summaries on the City's website. He suggested that Advisory Committees should not necessarily follow the same process as their needs differ and what is required as a level of support may vary. Ms. Adams added that while this review is not specific to levels of support and / or budget considerations, these matters could be further looked at as part of the implementation phase. Councillor Galloway also raised concerns with the proposed term of appointments suggesting that a four-year commitment is a lot to ask of volunteers. Councillor J. Gazzola asked if all that is intended to be accomplished can be done within the context of existing staff. Mr. Kramer stated that he was not sure that existing staff would be enough; however, noted that in talking with staff they seem to be of the opinion it was more a streamlining of process rather than adding work. Councillor Gazzola suggested that rather than having Council representatives on the Nominating Committee, additional citizens be added given that recommendations will come forward for Council's approval in any event. Mr. Kramer commented that it was felt Council representation would bring strength in respect to their network connections and potential knowledge of prospective appointees. Mayor C. Zehr commented that he was not convinced of the proposed Chair /Vice-Chair system, or the proposed term of appointments and would like further dialogue of these issues along with the proposed structure of the Nominating Committee. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That Chief Administrator's Office report CAO-08-021 (2008 Review of Advisory Committees), dated June 16, 2008, be tabled to allow further discussion among all interested parties in respect to the proposed recommendations contained in report CAO-08-021, with a final report to come forward for consideration at the August 11, 2008 Finance and Corporate Services Committee meeting and any subsequent recommendation of the Committee to be brought forward for ratification at the special Council meeting to be held the same date if time allows or alternatively, come forward to the August 18, 2008 Council meeting." Carried. Ms. Genevieve Twomey, Executive Director, Kitchener-Waterloo Symphony, provided an overview of the organization's activities advising that under the first year of musical direction by Edwin Outwater, the Symphony enjoyed strong response from within the community throughout the 2007-2008 season. She noted that staffing was an issue with only 2 of 14 full-time staff remaining; however, new strategies have produced positive results with a strong administrative team now in place. She advised that the organization is working hard to address a shortfall stemming from the 2007-2008 season, noting that 73% has been achieved toward the 2008-2009 goal as opposed to only 50% at COUNCIL MINUTES JUNE 23, 200$ - 1$6 - CITY OF KITCHENER this time last season. Corporate sponsorships at 20% is ahead of where last season ended and new partnerships have been forged with local school boards to launch outreach programs tied to school curriculum. Ms. Twomey commented that the organization is working at broadening its role within the community and looks forward to determining its role within downtown revitalization. Ms. Lucy Carayannis attended on behalf of Spiridon Carayannis in regarding to Item B.4 of the Committee of the Whole agenda, to request permission to operate a hot dog cart at 730 Ottawa Street South (Rona). Ms. Carayannis advised that a hot dog cart was previously in this location and the operator had been granted an exemption by Council to allow the refreshment vehicle. She advised that Mr. Carayannis now wishes to operate a hot dog cart in this location and is requesting similar exemption. She added that they have obtained approval from Rona, owner of the property. Mr. R. Gosse advised that the previous operator had left the subject site for an alternate location and to his knowledge there had been no concerns raised in respect to that operation. He explained that the proposed use does not comply with the required 200m distance separation between a refreshment vehicle and place of refreshment. Mr. Gosse noted that no objections had been received in respect to Mr. Carayannis' proposal, except by Mr. Frank Celan who had registered to speak as a delegation but was not in attendance this date. Ms. Carayannis advised that while they have not previously operated a refreshment vehicle, they have spent considerable time doing research and working with Rona prior to bringing forward their request and are asking only for fair opportunity. Councillor J. Gazzola commented that he considered this to be a different type of operation that would not interfere with any permanent places of refreshment in the surrounding area. Councillor B. Vrbanovic agreed, noting that no concerns had been raised with the previous operation. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That notwithstanding the distance separation requirements of Chapter 586 (Refreshment Vehicles) of the City's Municipal Code, the request of Spiridon Carayannis to operate a hot dog cart from 730 Ottawa Street South (Rona) and to be issued a licence to operate the hot dog cart at this location, be approved." Carried. Mr. Jack Redmond, resident, attended in regard to Clause 16 of the Finance and Corporate Services Committee report of this date, concerning selection of a proponent for the redevelopment of the Centre Block. Mr. Redmond raised concerns with respect to achieving fair market value of the lands acquired by the City on the Centre Block. He questioned use of the Altus Group, in obtaining the third appraisal, as they are not accredited appraisers under the Accredited Appraiser Canadian Institute and have derived the value of the land at $3.1 M from a formula not typically used. It was his opinion the appraisal obtained by the City from City Management Appraisals was adequate, using customary approaches to arrive at a land value of over $5M. He stated that as the appraisal was done in 2007, it would be appropriate to obtain an updated appraisal based on today's market, suggesting it may be higher given the number of development projects slated for the core. He also suggested that the City should review an earlier valuation, referred to as an `opinion of value', previously obtained from the City's realtor prior to issuing the Request for Proposals (RFP). Mr. Redmond expressed the opinion that the proposed developer will receive an inappropriate investment on the land, which could be construed as bonusing given the City paid approximately $8-12M to purchase the block and a land value of $3.1 M will result in a net loss of $9M. He suggested that based on the projected assessment and the phased approach to the project, it would take up to 27 years to break even and expressed the opinion that a decision at this time would be premature until fair market value is further considered. Councillor J. Gazzola requested clarification of Mr. Redmond's comments concerning the qualifications of the Altus Group. Mr. Redmond reiterated that the organization is not an accredited appraiser but rather has background in assessment appeals, taxation and construction financing. He suggested that their appraisal would not stand up to legal scrutiny, noting that Provincial legislation does not permit bonusing. COUNCIL MINUTES JUNE 23, 200$ - 1$7 - CITY OF KITCHENER Councillor Gazzola inquired if Council had been circulated with the appraisal documents and Mr. R. Regier, Executive Director of Economic Development, advised that they were not circulated to Council. He pointed out that under the Terms of Reference those documents were retained within the evaluative process as they formed part of the negotiations with Andrin. He noted that this part of the process is now sufficiently complete to allow the documents to be posted on the City's website for public viewing, which has been done under agreement of Andrin and the City's legal counsel. Councillor Gazzola requested clarification of the inference of bonusing. Ms. C. Ladd advised that the City followed a very structured approach under approved Terms of Reference, including retaining James McKellar to act as Fairness Advisor. She noted that Mr. McKellar is an expert in his field, with experience in similar projects in Calgary and Toronto. She stated that the City proceeded on the advice of the Fairness Advisor to obtain a third, independent appraisal from the Altus Group following review of the two originating appraisals. Ms. Ladd stated that the process set out was followed exactly, with the City retaining expert advice and in her opinion there is no question of bonusing. Ms. L. MacDonald, City Solicitor, agreed that there is no bonusing involved, adding that the process was conducted fully in accordance with regulations under the Municipal Act. Councillor B. Vrbanovic requested comment on the qualifications of the Altus Group. Mr. H. Gross, Director of Project Administration and Economic Investment, advised that Dr. Frank Clayton, Executive Vice-President of Altus-Clayton, the economic consulting arm of Altus Group, is a respected economist with 40 years of experience in urban and real estate fields across Canada. It was also noted that the Altus Group is Canada's largest independent real estate advisory firm and Dr. Clayton has conducted hundreds of studies including market, highest and best use and facilities studies for a broad spectrum of private and public sector clients. Councillor Vrbanovic questioned if any concerns were raised in respect to the third appraisal not being conducted by a formal appraiser. Mr. Gross advised that none was expressed by the City's Fairness Advisor and it was his understanding Mr. McKellar had recommended the group based on past experience with Altus. Councillor Vrbanovic requested clarification concerning reference to an earlier valuation. Mr. Gross advised that the City received an opinion of value from Peter Benninger Realty, the City's real estate advisor, in January 2006 prior to issuing the RFP and receipt of Andrin's proposal. The Centre Block Committee requested staff to obtain an opinion to ascertain what the City may expect to receive in order to properly budget for the Centre Block parking, which was to be paid from a combination of the land value and cash. He stated that two letters of opinion were received, one based on the former Forsyth Building remaining in place and one without the Forsyth Building. The values with the Forsyth Building ranged from $3.2 - $3.8M and without, from $3.4 - $4.1 M. The difference in the values given relates to the value of the buildings. Mr. Peter Smith, Andrin Investments Limited, advised that following the Finance and Corporate Services Committee meeting, extensive negotiations continued between Andrin and the City's team, and a satisfactory arrangement was reached in respect to the Letter of Intent. He referred to an adjacent business owner who had attended the Finance and Corporate Services Committee meeting, raising concerns in regard to potential conflict between residents and existing entertainment businesses. Mr. Smith advised that he had met with the individual who on conclusion of the meeting had seemed satisfied that his concerns were being addressed and was not opposed to the development. Mr. Smith added that it was agreed to keep the individual informed as the project progresses. Councillor Vrbanovic requested clarification of the process going forward. Ms. MacDonald advised that upon conclusion of negotiations, the non-binding Letter of Intent will be signed by both parties for the purpose of facilitating preparation of a development agreement, which will include the parking facility. She added that the Letter of Intent will remain confidential as it is part of ongoing negotiations with Andrin and it is proposed to have the development agreement in place by the end of October, 2008. Councillor Gazzola requested clarification of the purpose of entering into anon-binding Letter of Intent and Ms. MacDonald advised that it provides a basis for negotiation of the development agreement. Councillor Gazzola commented that the City paid $9M for the Centre Block lands and having carried the property for a number of years, the cost has now risen to $12M. The City obtained an appraisal in 2007 that valued the lands at $5.2M and since then numerous staff reports have come forward indicating an economic upturn within the core. He suggested that in the time lapse of the 2007 appraisal, the market value should be higher. He noted that title is not expected to pass from the City for some time and requested clarification of the proposed percentage of condominium sales prior to start of construction. Mr. Regier advised that the developer has obligation to provide their financial COUNCIL MINUTES JUNE 23, 200$ - 1$$ - CITY OF KITCHENER institution with a threshold, derived at 70-75% sales which is a common percentage within the industry. Ms. Ladd stated that it would be 3 years at maximum relative to transfer of lands; however, if there is a strong market, it may happen sooner. She added that enough time has to be built in to ensure planning processes are accommodated. Mr. Smith advised that on signing of the Letter of Intent, Andrin intends to proceed to market the units this summer and hopes to have sufficient sales to proceed with construction of the first phase early next year. He added that the land is not being transferred immediately as a protective measure for the City to ensure Andrin's intent to proceed with the project. Councillor Gazzola stated that he remained concerned with the market value of the lands suggesting it should be higher in today's market and given title is not to be transferred until 2011, a market value at that time should be used rather than today's. He suggested that a number of questions still need to be answered and could not see the value in approving the Letter of Intent this date given it is non- binding; suggesting that a decision should wait until the deadline in October. Mayor C. Zehr advised that it is intended to have a development agreement in place by the end of October 2008 and the Letter of Intent being considered this date deals with principles to be followed in negotiating that agreement. Councillor Vrbanovic commented that the document provides direction to staff to exercise judgment within certain parameters in preparation of the development agreement and is not unlike any other direction given to staff under such circumstances. Councillor Gazzola stated that while he had supported the recommendation at the Committee level, he would not support it this date as he would like opportunity to review the appraisals. Mayor C. Zehr commented that the residual methodology used is a valid approach and to use any other would result in an unviable transaction; noting that purchase of the lands cannot be forced if it does not make financial sense. He reminded Council that costs were incurred by the City for purchase of businesses on the lands, over and above the value of the land, adding that there had been a conscious decision to move in this direction given a proposal to locate an adult entertainment facility on the lands. He stated that the RFP was well thought out and having used the services of a Fairness Advisor he could see no difficulty in it. He pointed out that Andrin's proposal meets all criteria, including the City's intensification goals and is the type of development the City has been seeking for the core area. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 16 of the Finance and Corporate Services Committee report be adopted, as amended, to provide authorization for the Mayor and Clerk to sign the non-binding Letter of Intent in accordance with instructions of Council given in-camera this date and to the satisfaction of the City Solicitor." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola. Motion Carried. Council considered Development and Technical Services Department report DTS-08-107 (Addendum to DTS-08-084 - J. von Westerholt), dated June 20, 2008, relative to Clause 5 of the Development and Technical Services Committee report, dealing with Plan of Subdivision and Zone Change Applications for Pioneer Grove (Kenmore Homes Inc.), 56 Pioneer Tower Road. Mr. Howard Lorentz, resident, attended in opposition to Clause 5 of the Development and Technical Services Committee report, advising that following the Committee's meeting on June 16, 2008 he had arranged a meeting for Friday, June 20, 2008 between area residents and the developer; however, the developer did not come to the meeting but rather sent an employee who had no authority to act. COUNCIL MINUTES JUNE 23, 200$ - 1$9 - CITY OF KITCHENER He suggested that information given concerning parking was misleading, noting that it has been suggested there will be four parking spaces on each lot; however, while the design is for adouble-car garage door it is likely to accommodate only 1 vehicle inside. He pointed out that there is already a lack of parking on Pioneer Tower Road and suggested the proposal is not compatible and likely to result in persons parking their vehicles in front of his property illegally. He raised concerns with proposed parking on the centre median in the cul-de-sac commenting that it would be used for snow dumping in winter months resulting in loss of the spaces during that period of time. He also questioned the ability of emergency vehicles and garbage trucks to traverse around the cul-de-sac. He stated that he believed the City would have to expropriate lands from 88 and 98 Pioneer Tower Road at significant cost and would result in property devaluation, as well as loss of mature trees. He added that he has been given no assurances in regard to his request for installation of a privacy fence by the developer to be placed between his property and the new development. Councillor C. Weylie asked the delegation to explain what was meant by expropriation and Mr. Lorentz stated that there is insufficient land adjacent to the roadway to install a sidewalk. He advised that there is only 8 ft. between the road and his property and that of 98 Pioneer Tower Road, with each holding separate deed to 20 additional feet in front of their homes that is required for road widening. Mr. J. Willmer, Director of Planning, advised that staff is aware there is only 8 ft. which is adequate for installation of required services. He noted that two conditions of approval relative to sidewalk installation provide for cash-in-lieu until sufficient land is available and installation of a temporary sidewalk (asphalt path or other alternative material) for continuous pedestrian access, all of which is appropriate and would not require expropriation. Mr. Lorentz suggested that any sidewalk put in within the 8 ft. would have to be the responsibility of the City to maintain in respect to snow removal as it would effectively be on the roadway. He was advised that the City requires residential homeowners to maintain snow removal on sidewalks fronting their properties. Councillor J. Gazzola requested clarification of the proposed parking arrangements. Mr. J. Willmer advised that this will be a new street-fronting subdivision requiring on-street parking at one space per every two dwelling units (15-16 spaces). The concept plan shows parking on the cul-de-sac median and he suggested that the plan as proposed is workable; however, it has not yet received final approval and will be considered as part of the site plan process. Councillor Gazzola referred to the issue of emergency vehicle access and Mr. Willmer advised that this issue has been reviewed by all emergency services and they are satisfied. He added that the design of the road is intentionally wider to account for vehicle movement and winter conditions. Fire Chief T. Beckett added that all draft plans have been reviewed by Fire Services for emergency access and they have no concerns. Councillor Gazzola referred to existing concerns with illegal parking on Pioneer Tower Road. Mr. S. Turner, Director of By-law Enforcement, advised that when an area is identified as problematic, it is incorporated into a regular monitoring program, with at least 2 or 3 visits per day. Councillor Gazzola requested clarification of the proposed fence and Mr. Lorentz advised that staff have proposed that the developer install a privacy fence to separate his property from the new development to address issues of liability; however, the developer has not committed to doing so. Ms. Grazyna Wisnicka and Dorota Klubowitz, residents, spoke in opposition to Clause 5 of the Development and Technical Services Committee report. Ms. Wisnicka raised concerns regarding the impact of motor vehicle headlights in direct path with her residence and requested that the developer be required to install a brick fence as a permanent barrier. She suggested that there are still many unresolved issues relative to increased traffic and safety of children. Ms. Wisnicka and Ms. Klubowitz conveyed information concerning apedestrian /motor vehicle accident and near accident involving Ms. Klubowitz on the street. Ms. Wisnicka stated that more new homes will result in more children and suggested that wider lots with less homes should be built. She added that the proposed parking is insufficient and will have impact to snow removal, as well as emergency access and asked that the planning applications not be approved. Councillor C. Weylie asked Ms. Wisnicka if she would like to have a sidewalk on her side of the street to address issues of safety. Ms. Wisnicka stated that the issue of a sidewalk would have to be negotiated with residents on the street and suggested that if installed, the City should maintain the sidewalk because the properties are very wide, with long driveways and it would be too much for homeowners to maintain. COUNCIL MINUTES JUNE 23, 200$ - 190 - CITY OF KITCHENER Mr. Thorsten Krueger, resident, spoke in opposition to the proposed development, noting that as an interim architect he had concerns that the proposed development cannot deal with parking. He suggested that the development should be reduced by two homes to provide opportunity for better quality as well as parking. Mr. Bob McColl, member of the Pine Grove Community Association, circulated this date a proposed alternative plan consisting of twenty-nine homes. He raised concerns related to application of policies within the Provincial Places to Grow, commenting that there are no site-specific targets for Pioneer Tower Road and the City is well ahead in meeting density requirements. He referred to Special Policy of the City's Official Plan related to the Pioneer Tower West area, asking that the prescribed density be adhered to. Mr. McColl stated that he believed his proposed plan addresses issues of density, setbacks, parking and neighbourhood compatibility. He asked that consideration also be given to including abike /pathway at the north-end up to the Deer Ridge Commercial Centre in keeping with the City's Pedestrian Charter. Mr. Alex Dougley, resident, raised concerns with respect to the safety of children. He stated that a sidewalk within the 8 ft. road allowance would be too dangerous advising that his son had been hit by a motor vehicle and motorists frequently drive too fast down the road. He suggested, however, that speed humps could provide a resolution to address this issue. Mr. Dougley also questioned the ability of the City to ensure there would be no illegal on-street parking and supported Mr. Lorentz's request for a privacy fence to address issues of property liability. He asked that approval of the planning applications be deferred until the residents' concerns have been addressed. Councillor K. Galloway inquired if speeding vehicles were destination oriented or neighbourhood residents. Mr. Dougley advised that he believed the majority to be those attending the Deer Ridge Golf Course but may also be area residents in some instances. He added that the police have been called on numerous occasions and area residents have taken it upon themselves to park illegally on both sides of the street to slow transient vehicles. Mr. S. Turner advised that parking on the boulevard is already prohibited and Enforcement staff respond on a complaint basis. He reiterated that if an area becomes known to be problematic it is added to a regular monitoring program. Councillor G. Lorentz referred to concerns relayed by emergency services in respect to the impact speed humps have on their ability to respond quickly to an emergency situation. He asked if the delegation would have any concerns in this regard. Mr. Dougley responded that the average emergency calls to the area is likely to be limited and referred to his personal experience in Kelowna, BC, where speed humps have become an accepted practice. Councillor J. Gazzola commented that there are many streets in the City where traffic calming measures are needed; however, was of the opinion that the needs must be addressed on a priority basis and all cannot be accommodated at once. Councillor Gazzola asked Mr. J. Kaufman, Kenmore Homes Inc., to comment on the recent meeting with area residents. Mr. Kaufman advised that he was contacted this past Thursday by Mr. Lorentz in respect to attending a meeting on Friday to which he had agreed. He advised that the time set for the meeting was subsequently changed and as he had a prior commitment, he was unable to attend. He stated that he had sent a professional colleague having 20 years experience in the industry and who was capable of answering technical questions; and as well, Mr. Doug Stewart, IBI Group, had attended. Mr. Kaufman commented that in respect to earlier comments, the double-car garage doors have been part of the plan from the outset. He added that he was working toward installing a black vinyl wire mesh fence between 88 Pioneer Tower Road and the proposed development. He pointed out that there is approximately 500 ft. of which at least 400 ft. of fence will be required to address Mr. Lorentz's concerns relative to trespassing. Councillor Gazzola inquired if the issue of a fence should be included in conditions of approval. Mr. Willmer advised that it was not necessary but if desired, could be added as a condition of approval. Mr. Kaufman gave indication that he had no objection to it being added as a condition of approval. Councillor Gazzola requested clarification of modifications to the plan. Mr. Kaufman advised that originally nine lots were proposed on Pioneer Tower Road which was reduced to seven, 47-48 ft. lots. He stated that from an economical sense, the proposed frontage is the most viable given close proximity of the lots to existing commercial uses. He added that he was unsure that the configuration of the cul-de-sac in Mr. McColl's proposed alternative was technically viable. Mr. Kaufman suggested COUNCIL MINUTES JUNE 23, 200$ - 191 - CITY OF KITCHENER that what he was offering is compatible to a similar development further down the same street and given the mix of housing on Pioneer Tower Road, he suggested that to compare lot size was misleading. He noted that the larger lots were predicated on a well /septic system and sized to meet Provincial regulations; but is no longer a requirement. He commented that smaller, economical homes can still be valuable. Mr. Kaufman advised that at minimum the homes will sell in the $400,000. range, commenting that he would be at a point beyond what he could recoup through sales if the lots were larger in size. Councillor B. Vrbanovic inquired if any consideration had been given to providing abike /pathway to the Deer Ridge Commercial Centre. Mr. Kaufman stated that the plan has taken several years to arrive at this point and he was not amenable to taking more time at this stage to undertake another study in this regard. Mr. J. Willmer added that while it would improve connectivity, the issue had not been raised before and was not a requirement. He added that no discussions have been entered into with the Commercial Centre in respect to providing a pedestrian access and would involve issues of easements, as well as other factors impacting such an installation. Councillor Vrbanovic questioned if there is opportunity to address traffic calming in conjunction with the development. Mr. J. McBride, Director of Transportation Planning, advised that this area is one part of a larger neighbourhood that would have to be reviewed in its entirety to ensure compatibility within the whole of the surrounding neighbourhood. He noted that Pioneer Tower Road was studied several years ago, at which time it was not considered a priority. He added that studies are being undertaken this summer and suggested that an update could be done in this area and included in the report to come forward in the Fall of 2008. In regard to the installation of speed humps, Fire Chief Tim Beckett advised that typically a speed hump will add 5-10 seconds to the response time of an emergency vehicle and with the number of humps being suggested, this could result in a total delay of 1-2 minutes. Councillor J. Gazzola commented that this development is a major issue for the area residents. He pointed out that staff has answered the outstanding questions, worked with the developer to make changes and although the changes may not be to the complete satisfaction of the neighbourhood, the plan as presented this evening, is a good plan for the larger community. Councillor Gazzola added that the issue with respect to traffic along Pioneer Tower Road must be investigated and appropriate traffic calming installed. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 5 of the Development and Technical Services Committee report of this date be adopted, as amended, by deleting the clause in its entirety and replacing it with the recommendation contained in Development and Technical Services Department report DTS- 08-107, as amended, by adding a condition to the subdivision agreement for the installation of a fence between the subject property and 88 Pioneer Tower Road." Carried. Mr. Graham Martin, Ontario Realty Corporation, attended in support of Clause 11 of the Finance and Corporate Services Committee report (meeting of June 16, 2008), dealing with development of an above-ground parking structure on City-owned lands at the north-west corner of Charles and Benton Streets. Councillor J. Gazzola commented that while he supports the proposed development of a new courthouse on property bounded by Frederick, Weber, Scott and Duke Streets, he could not support the proposed development of the parking structure in conjunction with the court house proposal. He stated that he had confirmed the architect proposed for the parking structure project is the same company he had previous concerns with in regard to another project; and would only support their use if they were the successful bidder through the normal tendering process. He added that he was confused as to the amount paid to the consultant to date and what subsequent costs still remain to be paid. Councillor Gazzola advocated for establishment of a parking enterprise through which this project could be managed as it was his opinion the time was right and it would be his preference that users pay rather than impact the tax base. He added that from an environmental perspective, parking should be made more difficult in favour of alternative modes of transportation. Councillor B. Vrbanovic agreed with the principle of a parking enterprise if a business model can be created that would demonstrate self-sustainment. He pointed out, however, that previously parking COUNCIL MINUTES JUNE 23, 200$ - 192 - CITY OF KITCHENER was managed through an enterprise that required substantial subsidization by the City. He suggested that while it was appropriate to revisit the concept to determine if circumstances have changed, it was his opinion it was premature to say that it would be the right approach. Mayor C. Zehr commented that debt accruing through an enterprise would still result in some costs to the taxpayer and expressed the opinion it would be better to proceed as proposed than hide it within an enterprise. He added that the parking structure can be transferred to an enterprise should it be determined feasible in future to proceed in that direction. Mayor Zehr suggested that transit improvements sufficient to reduce parking demands is still some years away and there are many other present needs within the Downtown area. He stated that the courthouse proposal has benefit to the Downtown and stressed that without the parking structure, the project would be lost to the core. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 11 of the Finance and Corporate 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, B. Vrbanovic and C. Weylie. Contra: Councillor J. Gazzola Motion Carried. Ms. Miljana Kuljanin, Cafe Azzuro, had registered as a delegation to request an extension of a business licence pending the outcome of a licensing hearing but left the meeting prior to speaking. Mayor C. Zehr advised that Messrs. Peter & Gus Bardounoitis, Dandy's Restaurant, were in attendance this date to propose an alternative in respect to operating a sidewalk patio. Mayor Zehr commented that the delegation had attended Council on June 9, 2008 to request reconsideration of Council's previous decision to refuse their request to operate a patio for the summer of 2008. At that time, a Motion to Reconsider was not forthcoming and the delegation was not heard; however, in this instance the delegation has a different proposal that he was prepared to allow them to introduce. Messrs. Bardounoitis brought forward a request for permission to operate a sidewalk patio on one specific date, being Friday, July 11, 2008, to operate in conjunction with the Kitchener Downtown Business Association's (KDBA) Cruising on King Street event. The delegation advised that they would only require the patio between 5 - 11 p.m. and anticipated their clientele would primarily consist of those participating in the special event. Councillor B. Vrbanovic commented that he had spoken with the delegation concerning their request at which time it had been suggested that they hire a security officer and he asked the delegation if they would be willing to do so. The delegation gave assurance that they would be willing to do so and also monitor the patio themselves. Councillor Vrbanovic inquired as to the process to be followed if approval was given for the one date. Ms. L. MacDonald, City Solicitor, advised that if alcohol is to be served, the delegation would require a liquor licence from the Alcohol & Gaming Commission of Ontario, which includes notification to the City Clerk; and would also be required to provide fencing around the patio area as a condition of the liquor licence. Mr. R. Gosse added that the delegation would also be required to enter into an appropriate agreement with the City including provision of insurance. Councillor Vrbanovic asked the delegation if a condition of approval was added that required the KDBA's agreement, if they would attend a meeting of the KDBA Board the next day to represent their request. The delegation advised that they could not due to a prior commitment. Mayor Zehr inquired of members of Council if they agreed the request is sufficiently different as to not require a Motion to Reconsider and Council concurred. COUNCIL MINUTES JUNE 23, 200$ - 193 - CITY OF KITCHENER It was agreed that Councillors J. Smola and C. Weylie, as Council representatives on the KDBA Board, would present the delegation's request to the Board on their behalf. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "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 Dandy's Restaurant, located at 85 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 by 11:00 p.m. on July 11, 2008, subject to: • the owner(s) or operator(s) of Dandy's Restaurant hiring a security officer for the duration of the operation of the sidewalk patio; and, • the owner(s) or operator(s) of Dandy's Restaurant providing written confirmation from the Kitchener Downtown Business Association Board of Directors that the Board has no objection to operation of their sidewalk patio for the specified period of time." Carried. 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 a revised financial summary for Expression of Interest E08-057 (Consultant Services -Extension of Wabanaki Drive). Mr. Jack Redmond, resident, circulated this date correspondence from Mr. John Nother, dated June 23, 2008, in respect to Expression of Interest E08-057 (Consultant Services -Extension of Wabanaki Drive); and from Mr. Christopher Bundt, Biotactic, dated June 22, 2008, in regard to Expression of Interest E08-044 (Architect Services -Consolidated Maintenance Facility). Mr. Redmond requested consideration of deferral of these matters to allow several issues related to environmentally sensitive habitats and resident concerns to be addressed. Mr. Redmond advised that Biotactic is concerned that the City will become liable for significant economic cost and time delays if development in the area proceeds without a study undertaken in respect to run-off and storm water from the property that may impact natural habitats. He added that the Region of Waterloo has been notified of potential archaeological findings that may require a heritage assessment study. Mr. G. Murphy, Director of Engineering, advised that he had received copies of the correspondence from Mr. Redmond this date. He stated that staff was of the opinion awarding of the contracts could proceed and the issues conveyed be dealt with during the design phase and environmental assessment process. Councillor B. Vrbanovic requested clarification of what was being awarded this date and was advised that the contracts relate to consultant services only and not to actual construction. Mr. Murphy pointed out that the actual location of the storm water outlet has yet to be determined and is to be dealt with as part of the design phase. He added that the Grand River Conservation Authority would communicate with Fisheries and Oceans Canada in respect to issues raised by Biotactic. Mayor C. Zehr advised that Tender T08-046 (Domestic Natural Gas Meter Replacement Program), listed as Item 1 ii) on the Committee of the Whole agenda, has been withdrawn to allow further review by staff. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Proposal P08-018, Food and Beverage Service Agreement, be awarded to Compass Group Canada Ltd., Mississauga, Ontario for an initial three (3) year period commencing September 1St, 2008, at their proposed percentage of gross revenue with a minimum guaranteed annual revenue of $450,000., plus a 2.5% inflationary increase in each of the second and third years of the agreement, with an option to renew for two (2) additional twelve (12) month periods; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." COUNCIL MINUTES JUNE 23, 200$ - 194 - CITY OF KITCHENER -and- "That Expression of Interest E08-044, Architect Services -Consolidated Maintenance Facility, be awarded to Giffels Associates Limited, Toronto, Ontario, at their estimated fee of $345,975., including disbursements and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Expression of Interest E08-057, Consultant Services -Extension of Wabanaki Drive, be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $388,974.09, including a contingency of $33,677.41 and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor, upon receipt of the necessary funds from the developer, South Kitchener Holdings, who are providing front-end financing for this project to be repaid in development charge credits and/or cash payment; and further, That the Mayor and City Clerk be authorized to execute a Development Charge Credit Agreement, satisfactory to the City Solicitor, with the developer, South Kitchener Holdings, in respect of South Kitchener Holdings' payment of the costs for detailed design, contract administration, inspection services and project administration for the extension of Wabanaki Drive from Wilson Avenue to Goodrich Drive, including project administration costs, on terms and conditions satisfactory to the City Solicitor." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Mr. J. Willmer advised that in respect to Clause 6 of the report, dealing with draft approval of Condominium Application 30CDM-08205 (7 Upper Mercer Street), the Region of Waterloo has made a late request to add a condition of approval to provide that a warning clause be included in all Agreements of Purchase and Sale concerning lowering of the road profile. Mr. Willmer stated that the proposed warning clause is unlike any other ever required and was of the opinion it was not relevant to establishment of the common road. He added that the developer is aware of the concern and has undertaken to warn prospective purchasers verbally but is not amenable to having it added to agreements. Mr. Willmer further pointed out that there is already existing Agreements of Purchase and Sale amounting to approximately half of the development. Councillor C. Weylie referred to a memorandum (D. Gilchrist) dated June 23, 2008, advising that Clause 3 as included in the Development and Technical Services Committee report this date dealing with cost sharing arrangements among area municipalities for acommonly-based social marketing campaign regarding use of pesticides, is incorrect due to a clerical error and is requesting replacement to the correct version. Council received correspondence from Mr. R. Haalboom, dated June 20, 2008, regarding Clause 4 of the report dealing with an amendment to Chapter 665 (Property Standards) of the Municipal Code relative to regulations specific to maintenance of vacant designated heritage property. Council considered an email transmission (G. Murphy), dated June 23, 2008, concerning Clause 7 of the report, dealing with the King Street Streetscape Master Plan, requesting an amendment to provide that the purchase order to IBI Group for design be extended relative to Option 5 and staff be directed to meet with the KDBA regarding a scheduling and phasing plan. COUNCIL MINUTES JUNE 23, 200$ - 195 - CITY OF KITCHENER At the request of Councillor Vrbanovic, it was agreed to include provision prior to tendering for further dialogue between staff and Council regarding options for enhancement of the quality and level of street lighting along King Street. The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 3 -Carried, as Amended. Clause 5 - Dealt with under Delegations and Carried, as Amended. Clause 7 -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." Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Carried. "That the report of the Finance and Corporate Services Committee (June 9, 2008 meeting) be adopted." Mayor C. Zehr advised that Clause 2 of the report, dealing with a grant request from Flush Ink Performing Arts, is now redundant as alternative funding has been arranged and therefore, does not require consideration as the matter has been withdrawn. Council considered this date Financial Services Department report FIN-08-095 (T. Gerber), dated June 19, 2008 concerning Clause 4 of the report, dealing with a strategy to eliminate, where practical, the purchase and sale of bottled water at City facilities. The report provides additional information regarding City facilities where this initiative might be practically implemented and factual data on the environmental impacts of bottled water consumption. The Finance and Corporate Services Committee report (June 9, 2008 meeting) was then voted on Clause by Clause. Clause 2 -Recommendation redundant and not considered as the matter was withdrawn. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola Balance of report -Carried. "That the report of the Finance and Corporate Services Committee (June 16, 2008 meeting) be adopted." At the request of Councillor K. Galloway, it was agreed to amend Clause 12 of the report dealing with implementation of annual fees for new encroachment agreements and a subsequent review of existing agreements, to provide that fence variance applications for corner lots submitted to the Committee of Adjustment prior to March 8, 2008 which are still outstanding and which may require an encroachment agreement, be exempt from the annual fee for new encroachment agreements and be included in the review of existing agreements. The Finance and Corporate Services Committee report (June 16, 2008 meeting) was then voted on Clause by Clause. COUNCIL MINUTES JUNE 23, 200$ - 196 - CITY OF KITCHENER Clause 11 -Dealt with under Delegations and Carried, on a recorded vote. Clause 12 -Carried, as Amended. Clause 16 -Dealt with under Delegations and Carried, as Amended, on a recorded vote. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Mayor Zehr reported on Regional issues, advising that Regional Council approved the capital project budget for the Regional History Museum and Visitor Orientation Centre and expansion of the Curatorial Centre at Doon Heritage Crossroads. Council agreed to the request of Mr. R. Gosse, City Clerk, to add the following five additional by-laws for three readings this date: • by-law to amend Chapter 665 (Property Standards) of the Municipal Code -Clause 4 of the Development and Technical Services Committee report; • zoning amending by-law (56 Pioneer Tower Road) -Clause 5 of the Development and Technical Services Committee report; • zoning amending by-law (Housekeeping) -Clause 12 of the Development and Technical Services Committee report; • by-law to amend the Kitchener Brownfield Remediation Community Improvement Plan -Clause 13 of the Development and Technical Services Committee report; and, • by-law to amend Chapter 508 (Alternative Massage Centres) of the Municipal Code -Clause 10 of the Finance and Corporate Services Committee report. Moved by Councillor J. Smola Seconded by Councillor J. Gazzola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) To confirm all actions and proceedings of the Council. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Kenmore Homes Inc. - 56 Pioneer Tower Road. (f) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code with respect to Property Standards for Maintenance and Occupancy. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener -Housekeeping Amendment. (h) Being a by-law to amend Chapter 508 of the City of Kitchener Municipal Code with respect to Alternative Massage Centres. COUNCIL MINUTES JUNE 23, 200$ - 197 - CITY OF KITCHENER (i) Being a by-law to amend the City of Kitchener Brownfield Remediation Community Improvement Plan. 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "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 J. Gazzola "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2008-119) (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. 2008-120) (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) To confirm all actions and proceedings of the Council. tBy-law No. 2008-121) tBy-law No. 2008-122) (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Kenmore Homes Inc. - 56 Pioneer Tower Road. tBy-law No. 2008-123) (f) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code with respect to Property Standards for Maintenance and Occupancy. tBy-law No. 2008-124) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener -Housekeeping Amendment. tBy-law No. 2008-125) COUNCIL MINUTES JUNE 23, 200$ - 19$ - CITY OF KITCHENER (h) Being a by-law to amend Chapter 508 of the City of Kitchener Municipal Code with respect to Alternative Massage Centres. tBy-law No. 2008-126) (i) Being a by-law to amend the City of Kitchener Brownfield Remediation Community Improvement Plan. tBy-law No. 2008-127) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:00 p.m. MAYOR CLERK COUNCIL MINUTES JUNE 23, 200$ - 199 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That a portion of City owned lands adjacent to St. Mary's Secondary School and the future extension of Block Line Road, in the City of Kitchener, comprising approximately 3,120 square metres and described as Parts 15 and 16 on Plan 58R-16139, be declared surplus to the City's needs; and, That Legal Services and Transportation Planning staff initiate steps to exchange land with the Waterloo Catholic District School Board to accommodate construction of the extension of Hanson Avenue (Lennox Lewis Way); and, That the Mayor and Clerk be authorized to execute a Land Exchange Agreement with the Waterloo Catholic District School Board wherein Parts 15 and 16 on Plan 58R-16139 be conveyed to the School Board in exchange for Parts 5 to 10 inclusive on Plan 58R-16139, comprising approximately 3,465 square metres, to facilitate the construction of the extension of Hanson Avenue (Lennox Lewis Way), on the terms and conditions set out in Development and Technical Services Department report DTS-08-104, to the satisfaction of the City Solicitor; and, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to enter into an agreement between the City and Drewlo Holdings Inc. to provide the City with access to lands owned by Drewlo Holdings Inc. for the purpose of conducting an archaeological survey, on terms and conditions satisfactory to the City Solicitor. 2. That a series of four (4) speed humps be installed on Old Carriage Drive, and a pedestrian refuge island be installed on Pioneer Drive approximately 50 metres north of Old Carriage Drive. 3. That the City of Kitchener recognizes the public's concern regarding the use of pesticides, involuntary exposure and the potential effect on the health of humans and other non-target species; and, That continuing public education must remain a key initiative in efforts to encourage the reduction of the non-essential use of pesticides in our community; and, That the City continues to participate in cost-sharing with 50% by area municipalities and 50% by the Regional Municipality of Waterloo, and approve the request of the Region for a financial contribution in the amount of $15, 507.87 for 2008, $15,972.70 for 2009, and $10,597.48 for 2010, which represents Years 5-7 of the cost-shared community-based social marketing (CBSM) campaign; and, That Kitchener's contribution be contingent upon cost-sharing by all area municipalities; and further, That Kitchener's funding commitment to the CBSM campaign for 2009 and 2010 be subject to Council's annual budget deliberation process. (As Amended) 4. That a by-law be enacted to amend Chapter 665 (Property Standards) of the City of Kitchener Municipal Code, with respect to regulations specific to the maintenance of vacant designated heritage property, as outlined in Development and Technical Services Department report DTS 08-096; and, That in accordance with enforcement option 3 of Development and Technical Services Department report DTS-08-096, staff take proactive measures to identify "vacant heritage property" as defined in Chapter 665 of The City of Kitchener Municipal Code and undertake inspections of and any necessary enforcement with such property to ensure compliance with Chapter 665; and, COUNCIL MINUTES JUNE 23, 200$ - 200 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) That staff conduct an evaluation by May 2009 of the properties located within the Victoria Park Heritage Conservation District to identify properties that are of very high cultural heritage value as defined in Chapter 665 of The City of Kitchener Municipal Code; and Council consider the recommendation of Heritage Planning staff, the Heritage Kitchener Committee and any comments that may be provided by the property owner in determining which properties within the Victoria Park Heritage Conservation District are of very high cultural heritage value; and further, That staff conduct a review of the City's heritage incentive and assistance programs, to in part examine opportunities to provide financial assistance and support to property owners to assist with conservation efforts, including the maintenance and repair of designated heritage property in compliance with the Property Standards By-law; and a report be brought to the attention of Heritage Kitchener Committee and City Council in 2009, for consideration in advance of budget deliberations for 2010. 5. That Zone Change Application ZC 08/07/I/JVW (56 Pioneer Tower Road) requesting a change in zoning from Neighbourhood Institutional Zone (I-1) to Neighbourhood Institutional (I-1) with Special Regulation 479R and Public Park Zone (P-1) on lands legally described as Part of Lot 9, Beasley's Broken Front Concession, being part of Part 1 on Reference Plan 58R-15891, in the City of Kitchener, be approved in the form shown in the "Proposed By-law ", dated June 19, 2008, attached to Development and Technical Services Department report DTS-08-107, without conditions; and further, That pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by-law 2002-64, draft approval to Plan of Subdivision Application 30T-06201, in the City of Kitchener, for Kenmore Homes Inc. be granted, subject to the conditions outlined in Development and Technical Services Department report DTS-08-107; and as amended this date to provide that a condition be added to the subdivision agreement for the installation of a fence between the subject property and 88 Pioneer Tower Road. (Dealt with under Delegations and Carried, as Amended) 6. That pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended and delegation by-law 2002-64, draft approval of Plan of Condominium Application 30CDM- 08205, 7 Upper Mercer Street, in the City of Kitchener, for Deerfield Homes Ltd., be granted, subject to the conditions outlined in Development and Technical Services Department report DTS-08-077. 7. That funding of $8,880,000 be allocated to the King Street Master Plan Streetscape Project, consisting of the $5,680,000 already approved in the City's Capital Forecast and the $3,200,000 approved by the province through the Municipal Infrastructure Investment Initiative Grant; and, That staff tender Option #5 of the King Street Master Plan Streetscape Project, as presented to the Development and Technical Services Committee on June 16, 2008, with the tender to include the option of using concrete and/or granite for: crosswalks, intersection ramps, sidewalks, banding, curbs and cladding for planters; and, That prior to tendering, staff have further dialogue with members of Council as to options for enhancement of the quality and level of street lighting along King Street, from Frederick Street to Francis Street; and, That the purchase order to IBI Group for the design of the King Street project be extended by $100,000. for the re-design associated with Option #5, with actual fees to be negotiated between the City and IBI Group; and further, COUNCIL MINUTES JUNE 23, 200$ - 201 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) That staff be directed to meet with members of the Kitchener Downtown Business Association to determine an appropriate schedule and phasing plan. (As Amended) 8. That Demolition Control Application DC08/06/V/AP requesting permission to demolish one single detached dwelling located at 1362 Victoria Street North, owned by 839653 Ontario Limited, legally described as Part Lot 122, GCT, be approved without conditions. 9. That Demolition Control Application DC08/05/W/AP requesting permission to demolish one single detached dwelling located at 75 Weber Street East, owned by 228870 Developments Ltd., legally described as Part Lot 28, Plan 364 be approved without conditions. 10. That Demolition Control Application DC08/07/G/AP requesting permission to demolish one single detached dwelling located at 734 Glasgow Street, owned by Laura Gregor, legally described as Part Lot 33, GCT, be approved, subject to the following conditions: 1) That the owner obtains a building permit for the proposed single detached dwelling; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling is not substantially complete within 2- years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 11. That the request for additional engineering fees of $ 46,913 (excluding G.S.T.) submitted by McCormick Rankin Corporation relative for Design, Approval and Contract Administration for the Stonegate Watercourse Rehabilitation be approved. 12. That further to the housekeeping changes to By-law 85-1 (ZC 07/19/COK/SR) approved by Council on December 10, 2007, and supplemental changes approved on February 4, 2008, that regulations concerning snowmobiles be approved in the form shown in the "Proposed By- law", dated May 22, 2008, attached to Development and Technical Services Department report DTS 08-085, without conditions. 13. That the "Kitchener Brownfield Remediation Community Improvement Plan", approved by the Ministry of Municipal Affairs and Housing on November 27, 2003 and amended by the Ministry of Municipal Affairs and Housing on March 31, 2008, be amended as follows: a) The existing Table of Contents and Sections 1 to 6 of the Kitchener Brownfield Community Improvement Plan be renamed as "Section 2 - Kitchener Brownfield Community Improvement Plan 2003 - 2008"; and, b) Anew Table of Contents and Sections 1 to 6 entitled "Section 1 -Region of Waterloo - Kitchener Brownfield Remediation Community Improvement Plan" be added, as shown in Schedule "A" attached to Chief Administrative Officer report CAO-08-008. COUNCIL MINUTES JUNE 23, 200$ - 202 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. WHEREAS social development efforts significantly improve upon crime prevention through law, correctional and enforcement methods alone; and, WHEREAS all orders of government have a critical responsibility in supporting and resourcing these efforts; and, WHEREAS municipalities are the order of government closest to the people and have a unique WHEREAS many municipalities across the country have taken on this task often with limited resources; and, WHEREAS this task demands a high level of multi-system co-operation; and, WHEREAS municipalities frequently model partnerships for action; and, WHEREAS communities cannot sustain these efforts without clear political leadership and support; THEREFORE BE IT RESOLVED that the identified themes and guiding principles for municipalities to plan and sustain successful crime reduction and community safety initiatives as set out in the Making Cities Safer: Canadian Strategies & Practices report developed by the Institute for Prevention of Crime, be endorsed in principle; and, BE IT FURTHER RESOLVED that other municipalities be encouraged to similarly engage in actions to reduce and prevent crime and victimization and fear of crime through local actions as outlined in the Making Cities Safer: Canadian Strategies & Practices report; and, BE IT FURTHER RESOLVED that the Federal and Provincial governments be requested to model their social development efforts for crime prevention on the level of co-operation witnessed in communities across the country; and, BE IT FINALLY RESOLVED that the Federal and Provincial governments be requested to provide strategic and long-term resources to municipalities for crime prevention efforts through the establishment and support of permanent centres of responsibility that nurture and sustain local crime prevention. 2. That aone-time community playground grant in the amount of $750., be approved to Meadowland Public School to assist with costs related to the construction of a junior creative playground facility to be located within the school campus. 3. That aone-time general provision grant in the amount of $1,500., be approved to the Kitchener-Waterloo Youth Theatre to assist with costs related to the promotion of the group's youth registration. 4. That the Small Independent Vendors Option be approved as the preferred go forward model for the upper level of Your Kitchener Market; and, That the Small Independent Vendors Business Case, as appended to Community Services Department report CSD-08-043, be approved and the recommendations contained therein serve as the implementation plan, which includes commencing the process of leasing space to those vendors who have expressed interest in the full-time market; and, That staff be directed to implement the Your Kitchener Market 2008 Short-Term Strategic Plan, dated June 12, 2008 and develop an aggressive marketing campaign focused on vendor recruitment; and further, That a taskforce be established to review options and put forward a recommendation for future governance of the Market, as outlined in report CSD-08-043. COUNCIL MINUTES JUNE 23, 200$ - 203 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. That Table A, Community Investment Strategy `Tool Kit', as outlined in Community Services Department report CSD-08-063, be approved in principle as the foundation from which a comprehensive Community Investment Strategy Policy will be developed for Council's consideration in the Fall of 2008; and, That the proposed criteria for Tiers 1, 2 and 3 of the Community Grants Program, as outlined in report CSD-08-063, be approved in principle; and, That the Transition Plan for existing grant recipients, as outlined in report CSD-08-063, be approved in principle; and, That the language of the Community Investment Strategy Phase II report be clarified in simpler terms as a means of better facilitating feedback from stakeholders; and further, That staff be directed to consult the various stakeholder groups regarding the initiatives outlined in the Community Investment Strategy Phase II report, with the results of the stakeholders' feedback to be presented in September 2008. FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of June 9, 2008) - 1. That monthly grant payments in the amount of $4,250. be continued to Theatre and Company from July 2008 through December 2008, with consideration being given to Theatre and Company's programming decisions during the 2009 annual grants cycle. 2. That a general provision grant in the amount of $5,000., not be approved to Flush Ink Performing Arts to assist with expenses to host `Unhinged - Kitchener's Festival of Site-Specific Theatre' in September 2008. (Recommendation redundant and not considered as the matter was withdrawn) 3. That the $18,800. general provision grant request of Jobal Arrozales Cultural Foundation to fund the `Second Jobal Arrozales Literary Contest 2008', be denied; and further, That an in-kind grant in the amount to $350. (5 meetings in the Conestoga Room, Kitchener City Hall at $70. per meeting), be approved to the Jobal Arrozales Cultural Foundation to provide a venue to review the works submitted to the `Second Jobal Arrozales Literary Contest 2008.' 4. That the expeditious development of a strategy to eliminate, where practical, the purchase and sale of bottled water at City facilities, which would include steps to further raise awareness of why tap water is safe, economical and environmentally friendly, be approved in principle; and, That the Regional Municipality of Waterloo be requested to provide information outlining the methods they would need to employ to remove the taste of chlorine that some residents experience from regional tap water; and further, That bottled water no longer be served or offered at Council or any other committee or public meetings held at Kitchener City Hall. 5. That staff be directed to prepare an operating budget for 2009 which is focused on strengthening the financial base for existing City programs by holding discretionary expenditure increases at 0% for the third consecutive year and not permitting program expansions; and, That a general guideline of 6% be maintained for user fee increases in 2009, subject to the following: COUNCIL MINUTES JUNE 23, 200$ - 204 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of June 9, 2008) - (Cont'd) 5. (Cont'd) • that, notwithstanding this general direction, recommendations related to fees arising from the youth and older adult strategies be taken into consideration when the fee schedule is finalized for 2009; and, • that the staff budget submission include $20,000. of additional funding for leisure access card subsidies, consistent with the three-year phase-in proposed in 2008; and further, That the 2009 budget meeting timetable outlined in Financial Services Department report FIN- 08-079, be approved, subject to the potential adjustment of the timing of final budget day to conform to the 2009 meeting calendar. 6. That the budget shortfall of $220,000. associated with the provision for program and service level reductions be funded in 2008 through a transfer from the fire fleet capital account in the amount of $220,000.; and, That a permanent budget reduction of $220,000., be funded as of 2009 as follows: • increase sign shop revenues $10,000; • reduce staffing costs for sports field maintenance $50,000; • reduce staffing and material costs for print shop $75,000; • reduce funding for fire fleet capital account $85,000; and further, That the Chair of the Finance and Corporate Services Committee be authorized to reconvene the Program and Service Level Reduction Committee to review potential program and service level reduction options if they are identified as part of the 2009 budget development process. FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of June 16, 2008)- 1. That the Holy Trinity Serbian Orthodox Church be approved to operate a special event at Holy Trinity Serbian Orthodox Church, 700 Fischer-Hallman Rd., Kitchener on July 27, 2008 from 1 p.m. to 10 p.m. provided the necessary licence, including Health and Fire approvals, is obtained; and, That the Holy Trinity Serbian Orthodox Church be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 700 Fischer- Hallman Rd., Kitchener on July 27, 2008 from 2 p.m. to 10 p.m.; and further, That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity Serbian Orthodox Church for an event on July 27, 2008. 2. That the licence fee for the Heart and Hand Festival on September 20, 2008 taking place at the Joseph Schneider Haus be reduced to $40.40. 3. That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of Fatima Festival Committee for an event to be held August 30 & 31, 2008 at 1548 Fischer- Hallman Road, Kitchener, provided a building permit is obtained for the erection of any tents; and further, That the event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community. 4. That the India Canada Association of Waterloo Region be approved to hold a temporary retail market at the Kitchener City Hall Rotunda on September 13, 2008 from 10 a.m. to 6 p.m. provided the necessary licence, including Health and Fire approvals is obtained; and, COUNCIL MINUTES JUNE 23, 200$ - 205 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of June 16, 2008) - (Cont'd) 4. (Cont'd) That the licence fee for the temporary retail market licence be reduced to $40.40; and further, That the India Canada Association of Waterloo Region be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at 200 King Street West, Kitchener on September 13, 2008 from 10 a.m. to 6 p.m. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Portuguese Club Inc. for their Santoinho Festival on June 21, 2008, between the hours of 3 P.M. and 11 P.M., and their Nossa Senhora de Fatima (Our Lady of Fatima) Festival on August 30, 2008, between the hours of 3 P.M. and 1:00 A.M. on August 31, 2008. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Youth Action Council on Friday, August 22, 2008, between the hours of 5:30 P.M. and 11:30 P.M. for the 6th Annual Unity Jam to be held in the Civic Square. 7. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Tracey Khan for a street party taking place on Erika Court, on Saturday, June 28, 2008, between the hours of 7:00 P.M. and 10:30 P.M. 8. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Julie Wiszniowski and Trevor Bender, for an outdoor wedding party to be held at 30 Eton Drive, on Saturday, September 13, 2008, between the hours of 4:00 P.M. and 11:00 P.M. 9. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Arvato Digital Services Canada Inc. for their 5th anniversary party to be held on July 17, 2008, between the hours of 1:00 P.M. and 6:00 P.M., in the parking lot adjacent to 235 King Street East. 10. That the draft by-law attached to Corporate Services Department report CRPS-08-107 be enacted to amend Chapter 508 of The City of Kitchener Municipal Code; and, That the short form wording and suggested set fine amounts for the offences under Chapter 508 of The City of Kitchener Municipal Code as amended, as set out in Schedule "A" attached to Corporate Services Department report CRPS-08-107, be approved; and further, That the City Solicitor be authorized to submit this matter to the Regional Senior Judge of the Ontario Court of Justice for the establishment of set fines. 11. That the development of a 500 space above ground parking structure on an existing City owned surface parking lot at the north west corner of Charles and Benton Streets be approved; and, That the consultant selection process be waived and that the firm of Read Jones Christoffersen be retained to modify the existing design of a parking structure for this site; and, That ground floor retail be included in the design of this structure on the Benton Street frontage; and further, That the Mayor and City Clerk be authorized to execute a Letter of Intent between the Province of Ontario and the City of Kitchener outlining the commitment of each organization to this project, subject to the satisfaction of the City Solicitor. (Dealt with under Delegations and Carried, on a recorded vote) COUNCIL MINUTES JUNE 23, 200$ - 206 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of June 16, 2008) - (Cont'd) 12. That an annual fee be established with respect to any new encroachment agreements approved by Council, in accordance with the formula and parameters as described in Corporate Services Department report CRPS-08-093; and, That the Schedule of Fees and Charges be amended to reflect a fee of $200 for applying for an encroachment agreement as well as a fee of $170 for processing an agreement once it is approved in principle; and, That prior to presenting a draft by-law on a standard approach for enforcement of encroachments, staff undertake a review of existing encroachment agreements and report back with a plan to apply an annual fee to existing encroachments, which may include a phased-in approach; and, That applications submitted to the Committee of Adjustment for fence variances on corner lots prior to March 8, 2008 that remain outstanding and for which an encroachment agreement may be required, be exempt from the annual fee for new encroachments and be included in staff's review and report on a plan to apply an annual fee to existing encroachment agreements; and further, That all affected parties be notified as to when the report is to come forward for purpose of providing an opportunity for comment. (As Amended) 13. That the draft policy titled `Code of Conduct for members of Council, Local Boards and Advisory Committees', attached to Corporate Services Department report CRPS-08-098, be tabled for further discussion and public input; and, That a Request for Proposal be issued for an Integrity Commissioner to be responsible for addressing complaints of non-compliance with the approved Code of Conduct, as outlined in the Code of Conduct and the Municipal Act; and, That a final draft Code of Conduct and the results of the aforementioned Request for Proposal be presented to the Finance & Corporate Services Committee in October, 2008; and further, That the following recommendations be included in the public input and be brought forward for consideration at the same time as the final draft Code of Conduct in October 2008: `That the discretionary appointments contained in Part V.1 of the Municipal Act (Accountability and Transparency) being: an Ombudsman, an Auditor General and, Lobbyist Registrar, not be appointed at this time; and, That the Accountability and Transparency Policy, dated December 10, 2007, be amended by including a clause that the possible appointments of Ombudsman, Auditor General and Lobbyist Registrar, be reviewed each term of Council; and further, That the review of the Procedural By-law as mandated to the Accountability and Transparency Committee be undertaken by staff and Council in 2009.' 14. That the Ward Boundary configuration recommended by Dr. R. Williams in his report titled, `2008 Ward Boundary Review Final Report', dated June 2008, be approved in principle, as the ward boundaries to come into effect in 2010 and be presented to the public for comment over the summer /early fall; and, That Dr. R. Williams report to the September 29, 2008 Finance & Corporate Services Committee meeting with his final recommendation, taking into account results of the additional public consultation, as well as review of the issues raised by the Committee concerning population variances and impact to communities of interest among the proposed Wards. COUNCIL MINUTES JUNE 23, 200$ - 207 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE (Meeting of June 16, 2008) - (Cont'd) 15. That Chief Administrator's Office report CAO-08-020, and attached `2007 Downtown Trends & Indicators' report, be received. 16. That Andrin Investments Limited be selected as the successful proponent for the redevelopment of Centre Block on the basis of the evaluation and recommendation of the Centre Block Evaluation Committee, as set out in Chief Administrator's report CAO-08-010, and on the basis of Andrin's preliminary design concept as presented to the June 16, 2008 Finance and Corporate Services Committee meeting; and, That staff be directed to continue negotiations with Andrin Investments Limited on the details of anon-binding Letter of Intent to be used as the basis for the preparation of a development agreement for Centre Block; and further, That the Mayor and Clerk be authorized to execute the non-binding Letter of Intent with Andrin Investments Limited, prepared in accordance with the instructions of Council in camera on June 23, 2008; said Letter of Intent to be satisfactory to the City Solicitor. (Dealt with under Delegations and Carried, as amended, on a recorded vote) HERITAGE KITCHENER - 1. That the following properties receive 2008 Mike Wagner Heritage Awards: Outstanding Achievement Awards 31 Margaret Avenue (David Forsyth Home) Nominated by: Mr. Jonathan Cunningham 300 Joseph Schoerg Crescent (Betzner Farmhouse) Nominated by: Mr. Zyg Janecki Awards of Merit 787-811 Morrison Road (Former Sims Estate, Chicopee) Nominated by: Tanem Developments 1021 Doon Village Road (Birth Place of Homer Watson) Nominated by: Ms. Endla Loney. COUNCIL MINUTES JUNE 23, 200$ - 20$ - 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. Liquor Licence Review Application - Millsv's Billiards Inc. - 29A King Street East Council considered Corporate Services Department report CRPS-08-106 (P. Harris), dated June 10, 2008. 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, Council take no action to oppose the application for a liquor license for Millsy's Billiards Inc. located at 29 King Street East (basement) applied for by Millsy's Billiards 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 they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their 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 Licensed Establishments Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By-law and the Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." 3. Request to Operate a Midway - 707 Ottawa Street South Council considered Corporate Services Department report CRPS-08-111 (P. Harris), dated June 16, 2008. At the request of Councillor K. Galloway, it was agreed to direct staff to ensure that parking for midway events is considered and if necessary, erect appropriate temporary signage. It was resolved: "That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, on October 2-5, 2008, subject to the following: COUNCIL MINUTES JUNE 23, 200$ - 209 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Request to Operate a Midway - 707 Ottawa Street South - tCont'd) Date of O eration Hours of O eration Thursda ,October 2 3:30 .m. - 10 .m. Frida ,October 3 3:00 .m. - 11 .m. Saturda ,October 4 10:00 a.m. - 11 .m. ;and, Sunda ,October 5 Noon - 9 .m. That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 9:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding a non-school day; and further, That the required licence be obtained prior to operating the Midway." 4. Appeal -Hot Dog Cart Location - 730 Ottawa Street South Dealt with under Delegations. 5. Request to Hold Outdoor Market -Centreville-Chicopee Community Centre - 141 Morgan Avenue Council considered Corporate Services Department report CRPS-08-113 (P. Harris), dated June 17, 2008. It was resolved: "That Opportunities Waterloo Region be granted permission to hold an outdoor market at Centreville Chicopee Community Centre, 141 Morgan Avenue, each Friday from June 27 to September 26, 2008 provided the required licence is obtained." 6. Request for Exemption from By-law 2008-95 tGuns) Council considered Corporate Services Department report CRPS-08-114 (P. Harris), dated June 17, 2008. It was resolved: "That 1581688 Ontario Inc. operating as Flag Raiders Indoor Paintball, 259 Gage Avenue, and Conquest Paintball Inc., 69 Agnes Street, be granted an exemption from By-law 2008-95 (Guns) to permit paint ball guns and air soft guns to be discharged at their respective business addresses." 7. Committee of Adjustment Decision Council considered Corporate Services Department report CRPS-08-123 (D. Gilchrist), dated June 18, 2008. It was resolved: "That the application of Frank & Suzette Sargeant (FN 2008-007 - 39 Winding Wood Crescent) requesting legalization of an existing wooden fence having a height of 2m (6.66') located 1.11 m (3.66') from the side lot line abutting Crest Haven Street, whereas the by-law permits 1.82m (6') high fences to be located 5m (16.4') from a side lot line abutting a street, on Lot 48, Registered Plan 58M-158, 39 Winding Wood Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: COUNCIL MINUTES JUNE 23, 200$ - 210 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Committee of Adjustment Decision - tCont'd) 1. That the owners shall plant 2 trees or other suitable landscaping along that portion of the existing fence that juts out onto the left side yard, in order to soften the appearance of the fence at this location and to obstruct the view of the top of the shed, to the satisfaction of the Director of Planning. $. Surplus Lands -Unnamed Lane north of Bedford Road Council considered Corporate Services Department report CRPS-08-110 (L. MacDonald), dated June 18, 2008. It was resolved: "That the unnamed lane running North of Bedford Road between Borden Avenue and Ottawa Street S., be declared surplus to the City's needs and portions of the lane be conveyed to the respective abutting property owners; and that the required easements for Bell Telephone, Rogers Cable, and any required mutual right-of-ways be granted prior to any conveyance to the respective abutting land owners, with all costs associated with the closure and conveyance being the responsibility of the respective property owners on a proportionate basis; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to effect these transactions, said documentation to be to the satisfaction of the City Solicitor." 9. Encroachment Agreement -Proposed City Sidewalk - 30 Shaftsburv Drive Council considered Corporate Services Department report CRPS-08-115 (F. McCrea), dated June 17, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of the property municipally known as 30 Shaftsbury Dr. (PIN 22547-0118), to legalize the proposed City owned sidewalk which extends 34.455m, more or less, along the Ebydale Dr. frontage to a depth of approximately 1.5m, more or less, together with the required .300m offset limit, onto 30 Shaftsbury Dr." 10. Encroachment Agreement -Dallas. 312 King Street West Council considered Corporate Services Department report CRPS-08-116 (J. Sheryer), dated June 17, 2008. It was resolved: "That subject to obtaining all necessary staff approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) or operator(s) of 1725194 Ontario Limited o/a Dallas located at 312 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." COUNCIL MINUTES JUNE 23, 200$ - 211 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 11. Encroachment Agreement - 300 Joseah Schoerg Crescent Council considered Corporate Services Department report CRPS-08-117 (J. Sheryer), dated June 17, 2008. It was resolved: "That subject to obtaining all necessary staff approvals, 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 300 Joseph Schoerg Cres. (PIN 22733-0023), to legalize a portion of the parking located on the Joseph Schoerg Cres. road allowance for a depth of approximately 1.5m, more or less, for a length of approximately 9m, more or less." 12. Exemption to Chapter 450 (Noise) of the Municipal Code -The Beat Rocks the Block Council considered Corporate Services Department report CRPS-08-119 (S. Turner), dated June 18, 2008. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to "The Beat" radio station for "The Beat Rocks the Block" event to be held on July 26, 2008, between the hours of 2:00 P.M. and 11:00 P.M." 13. Encroachment Agreement - 24 Gaukel Street -Existing Planters Council considered this date Corporate Services Department report CRPS-08-120 (J. Sheryer), dated June 19, 2008. It was resolved: "That subject to obtaining all necessary staff approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner(s) of the property municipally known as 24 Gaukel St. (PIN 22427-0078), to legalize the existing City planters and plantings which extend onto 24 Gaukel St." 14. Minutes of Settlement -Ontario Municipal Board Appeal of Development Charges By-law 2004-156 Council considered this date Corporate Services Department report CRPS-08-126 (F. McCrea), dated June 23, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute minutes of settlement with the Waterloo Region Home Builders' Association in respect of the appeal of Development Charge By-law 2004-156 to the Ontario Municipal Board." 15. Proposed Land Exchanges Between City of Kitchener and JHS Properties Inc. and Between City of Kitchener and Grand River Conservation Authority (Pioneer Ridge) Council considered this date Corporate Services Department report CRPS-08-127 (F. McCrea), dated June 23, 2008. Mayor C. Zehr declared a pecuniary interest and abstained from all discussion and voting concerning this matter as he owns property in the subject area. COUNCIL MINUTES JUNE 23, 200$ - 212 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 15. Proposed Land Exchanges Between City of Kitchener and JHS Propertie and Between City of Kitchener and Grand River Conservation Authority (Pi Riche) - tCont'd) It was resolved: "That the Mayor and Clerk be authorized to execute an amendment to the land exchange agreement with JHS Properties Inc., dated September 18, 2007, in respect of a portion of the Pioneer Ridge lands, satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute an agreement of purchase and sale with the Grand River Conservation Authority, and all other required documentation to complete the transactions on terms and conditions satisfactory to the City Solicitor, to facilitate a land exchange with JHS Properties Inc. that will result in the conveyance to the City of Kitchener of a portion of the Pioneer Ridge lands on which the Schoerg Barn foundation is located and the conveyance of abutting flood plain lands to the Grand River Conservation Authority; the purchase monies, transfer costs and associated disbursements are to be allocated from the Asset Management Reserve Fund." 16. Demolition Control Application DC 0$I10IBIAP - 7 Briarmeadow Crescent (Maja Klucic) Council considered this date Development and Technical Services Department report DTS-08-108 (A. Pinnell), dated June 20, 2008. It was noted that as a result of damage caused by fire, the subject dwelling has been declared unsafe and occupancy is prohibited. Due to a number of complaints related to issues of safety and unsightliness of the remaining structure and a pressing need to take action, staff is recommending the demolition application be considered at this time on the understanding the applicant will obtain satisfactory owner authorization so that the demolition permit may be issued as soon as possible. It was resolved: "That Demolition Control Application DC08/10/B/AP requesting permission to demolish one single detached dwelling located at 7 Briarmeadow Crescent, owned by Maja Klucic, legally described as Lot 34, Plan 58M-14, be approved without conditions."