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HomeMy WebLinkAboutCouncil - 2008-08-18COUNCIL MINUTES AUGUST 1$, 200$ CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic. The meeting began with the singing of "O Canada" by Maya Deutschlander, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held June 23, 2008 and special meetings held June 23 & August 11, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr, accompanied by Brandon Tracey and his mother, Shannon Axford, presented a Certificate of Commendation to Chrys Greenwood, Maintenance Operations Supervisor, who rescued Brandon from floodwaters resulting from heavy rainfall in the area of Doon Village South on July 11, 2008. Mr. Greenwood was commended for his selfless action to save the boy's life and accepted expressions of gratitude from Brandon and his family. Mayor C. Zehr advised that the signing of a Memorandum of Understanding to implement a Local Governance Capacity Building Project with the City of Kumasi, listed as Item 4.b) on the Council agenda, would be delayed until later in the meeting pending arrival of visiting representatives of the Kumasi Metropolitan Assembly, Ghana. Mr. Stephen Quigley attended in support of a decision of the Committee of Adjustment to approve Fence Variance Application FN 2008-009 (433 Falconridge Drive), listed under Item 3 of the Committee of the Whole agenda of this date. Councillor J. Gazzola requested staff to comment on their position taken before the Committee of Adjustment not to support approval of the requested variance. Mr. J. Willmer, Director of Planning, advised that while staff recognize the subject fence and a swimming pool already existed on the subject property prior to being purchased by Mr. Quigley, it was their opinion prior existence is not justification for forgiveness. Councillor Gazzola inquired if there was opportunity for the fence to be brought into compliance. Mr. Willmer advised that because of the existing swimming pool, it is not practical to move the fence. Councillor Gazzola inquired as to the feasibility of requiring the property owner to bring the fence into compliance in the event the swimming pool is removed. Mr. Willmer suggested that this could be done by adding the requirement as a condition of approval. Councillor K. Galloway inquired as to the feasibility of requiring landscaping along the outer wall of the fence. Mr. Willmer advised that where a Om setback is approved and no sidewalk exists, it is standard practice not to require landscaping. He added that there is generally 15 ft. of grass between the property line and the roadside curb, and landscaping on the subject property is already of a high quality. Mr. Quigley advised that he had made significant investment in landscaping to address the City's concerns and agreed that it was not practical to move the fence. He indicated, however, that he was open to Councillor Gazzola's suggestion to bring the fence into compliance in the event at some point in time the swimming pool is removed from the property. At the request of Councillor Gazzola, it was agreed to amend the decision of the Committee of Adjustment to provide that the subject fence is to be brought into compliance by the property owner in the event the existing swimming pool is removed. Councillors Lorentz and Gazzola raised concerns with the quality of pictures attached to the agenda in respect to the Committee of Adjustment application and requested that in future, staff provide Council with either photographs or good quality coloured copies. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the application of Stephen and Denise Quigley (FN2008-009 - 433 Falconridge Drive) requesting legalization of an existing 1.52m (5') high wooden fence located Om from the lot line along Falconridge Crescent (side yard abutting a street) rather than the required setback of 1.5m (4.92'), on Part Block 9, Registered Plan 58M-182, being Part 57, Reference Plan 58R- 12969, 433 Falconridge Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: COUNCIL MINUTES AUGUST 1$, 200$ - 217 - CITY OF KITCHENER 1. That in the event the existing swimming pool is removed from 443 Falconridge Drive, the property owner shall take steps to bring the subject fence into compliance with the regulations of the City's Fence By-law. Carried. Mayor C. Zehr advised that Paljo Marcus and Sasha Mikulja had registered as delegations in regard to concerns of a raised sidewalk in front of 94 West Acres Crescent but had subsequently requested the matter be withdrawn. Mr. Bruce Owers had registered to speak to concerns regarding lack of maintenance of City boulevards at Doon Mills Road and Doon South Drive but did not attend the meeting this date. Mr. Moe Masoudi, applicant, attended in support of Clause 6 of the Development and Technical Services Committee report of this date dealing with approval of Zone Change Application ZC 07/27/C/AP (450 - 452 Connaught Street). Mr. J. Willmer, Director of Planning, advised that the property is proposed to be re-zoned from Residential (R4) to Residential (R6) to allow development of cluster townhouse units. He noted that when this matter was discussed at Committee concerns had been raised by area residents in respect to fencing of the proposed development. In subsequent discussions with the applicant, Mr. Willmer advised that Mr. Masoudi has agreed to increase the height of the fence to a maximum of 8 ft. to which area residents now seemed satisfied. Mr. Masoudi acknowledged his agreement to provide an 8 ft. fence, adding that he had also agreed to reduce the number of townhouse units from 8 to 7 and a new site plan showing these changes had already been submitted to Planning staff. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 6 of the Development and Technical Services Committee report of this date be adopted." Carried. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed as Items 1 and 2 on the Committee of the Whole agenda. In respect to Quotation Q08-049 (Heritage Cedar Shingle & Copper Roof Replacement -Homer Watson House), Mr. Gordon advised that when the shingles were removed from the roof additional damage was discovered underneath that will add cost to the project. In addition, staff wish to give further consideration to Tender T08-052 (Roof Replacements - Breithaupt Centre, Grand River Arena & Rockway Senior Centre) in respect to costing. Accordingly, Mr. Gordon advised that staff is withdrawing both Quotation Q08-049 and Tender T08-052 with a report to come forward encompassing both at a later date. In respect to Expression of Interest E08-032 (Consultant Services -Walter Bean Grand River Trail and Pedestrian Bridge Crossing), Mr. L. Gordon agreed to provide Council with further explanation of the line item `Non-Consulting Expenses' in the amount of $95,000. as shown on the Financial Summary for this proposal. Councillor J. Gazzola referred to a proposal presented in September 2005 by representatives of the Lower Doon Neighbourhood Association for an alternative bridge crossing at Huron Road. At that time, Councillor Gazzola recalled Council was advised there was no time to study the alternative due to financial implications respecting disbursement of donation dollars under the Income Tax Act. He pointed out that three years has since passed without start of construction and questioned if there was still time now to consider the alternative location. Mr. W. Sleeth, Landscape Architect, advised that during an addendum to the Environmental Assessment (EA) process undertaken for the pedestrian bridge crossing, the Huron Road site was given preliminary screening and determined not to meet the project criteria of a continuous trail link. Mr. Sleeth stated that it was his recollection Council had based its decision in 2005 on the desire to COUNCIL MINUTES AUGUST 1$, 200$ - 21$ - CITY OF KITCHENER follow through with a continuous trail link along the Grand River as opposed to a better community linkage to area neighbourhoods. Councillor Gazzola stated that the neighbourhood had requested detailed study of their proposal and he suggested that there had been opportunity to do so within the past three years. Mayor Zehr reiterated that a detailed technical analysis of the Huron Road proposal was rejected because it did not meet the basic criteria for this project. Ms. Lori Schultz, resident, stated that the neighbourhood had presented valid concerns in 2005 and she was also of the understanding a detailed study of the proposed alternative did not proceed because of a timing issue. She alleged that in prior conversation with Mr. Sleeth he had agreed to support the neighbourhood's proposal in 2005 but when asked specifically by Council at that time chose to support the preferred alternative due to timing issues. Mr. Sleeth stated that it was his understanding timing was not an issue that staff put forward but rather was raised by representatives of the Walter Bean Grand River Community Trail Foundation. He stated that staff was willing to take time to ensure the best decision was made and he believed they had done so. Councillor Gazzola expressed a desire for staff to revisit the neighbourhood's proposed alternative to satisfy their concerns and questioned the impact of doing so. Mr. T. O'Brien, Landscape Architect, advised that the current EA process has taken three years to complete at a cost of $125,000. and revisiting the process to consider another alternative could still result in confirmation of the current preferred location. Ms. C. Ladd advised that the neighbourhood proposal deviates from the decision of Council as to the philosophical approach for this trail, which is to provide as complete a riverside experience as is possible. She noted that the preferred location provides maximum opportunity for a riverside trail experience; whereas, the Huron Road location requires numerous roadside links, changing the intent of the trail. Ms. Ladd suggested that if a community link is also desired that it be investigated in addition to this project and encouraged Council to recall its previous discussion in respect to what they wished to achieve for the Walter Bean Grand River Trail. Councillor Gazzola brought forward a motion to revisit the philosophical approach to the Walter Bean Grand River Trail and allow review of the Lower Doon Neighbourhood Association's proposed alternative bridge crossing at Huron Road. Councillor Gazzola's motion was not voted on as it failed to receive a seconder. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the Chief Administrative Officer's decision, undertaken according to policy respecting Council's summer meeting schedule, awarding Tenders /Expressions of Interest /Quotations be ratified as follows: i) TA$-033 -Expressway Pedestrian Bridge Safety Fencing Modifications and Concrete Repairs Awarded to: McLean Taylor Construction Limited, St. Mary's ON Tender price: $692,369.74, including provisional items and contingencies of $78,617.50 and G.S.T. ii) TA$-035 -Hanson Avenue Extension Road Construction Awarded to: Bel-Air Excavating & Grading Ltd., Cambridge ON Tender price: $997,227.53, including provisional items and contingencies of $149,500. and G.S.T. iii) TA$-039 -Road Reconstruction -Duke Street East (Cedar Street North to Pandora Avenue North) Awarded to: J. Weber Contracting Limited, Breslau ON Tender price: $1,156.156., including provisional items and contingencies of $135,346. and G.S.T. COUNCIL MINUTES AUGUST 1$, 200$ - 219 - CITY OF KITCHENER iv) EA$-034 -Consultant Services -Stormwater Management Audit - Master Stormwater Management Policy Awarded to: Totten Sims Hubicki Associates, Kitchener ON Estimated fee: $376,332., including a contingency of $32,724. and G.S.T. v) EA$-047 -Consultant Services - Krizsanderson Stormwater Management Pond Retrofit Awarded to: Philips Engineering Ltd., Burlington ON Estimated fee: $154,792.53, including a contingency of $13,401.95 and G.S.T. vi) EA$-053 -Consultant Services -Road Reconstruction - David I Schneider I Dill Awarded to: IBI Group, Waterloo ON Estimated fee: $232,502., including a contingency of $20,130. and G.S.T. vii) EA$-061 - Engineering Services - Electrical I Mechanical - Consolidated Maintenance Facility Awarded to: Morrison Hershfield Limited, Burlington ON Estimated fee: $730,012.50, including disbursements and G.S.T. Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Tender T08-046, Domestic Natural Gas Meter Replacement Program, be awarded to Lakeside Performance Gas Services Ltd., Brampton, Ontario at their tendered price of $255,780., including G.S.T., with an option to extend the contract for one (1) ninety (90) day period, subject to mutual agreement." -and- "That Tender T08-051, Four (4) 5,080 kg Dual Rear Wheel Crew Cab & Chassis, complete to specification CKF-242-2008, be awarded to Gary Stockie Chevrolet Limited, Kitchener, Ontario at their tendered price of $119,911.08, including P.S.T. & G.S.T." -and- "That Expression of Interest E08-032, Consultant Services -Walter Bean Grand River Trail and Pedestrian Bridge Crossing, be awarded to R.J. Burnside & Associates Limited, Guelph, Ontario at their estimated fee of $264,804.75, including contingencies & disbursements of $40,895. 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 E08-059, Consultant Services -Road Reconstruction -Dixon Street and Plymouth Road, be awarded to The Walter Fedy Partnership, Kitchener at their estimated fee of $475,617.45, including a contingency of $41,179. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." COUNCIL MINUTES AUGUST 1$, 200$ - 220 - CITY OF KITCHENER At the request of staff, it was agreed to amend Clause 7 of the report dealing with a Zone Change Application for 112 Benton Street, to correct a typographical error by changing the application number from ZC 08/18/B/JVW to ZC 08/19/B/JVW. Councillor J. Gazzola raised concerns with respect to Clause 13 of the report, dealing with draft goals of the Long Term Parking Strategy. He expressed the opinion that the recommendation as written does not take into consideration the comments and suggestions as put forward by Council at the Development and Technical Services Committee meeting. Ms. C. Ladd referred Council to the last paragraph of the recommendation, advising that she believed it to encompass the suggestions of Council. Councillor Gazzola cited an example of a point he had raised in respect to whether or not parking operations need to have a return on investment as opposed to a break-even scenario which he did not see included in the recommendation. Mayor C. Zehr noted that the Committee minutes had not yet been circulated which may contain more complete details of the points raised by Council. He suggested that the recommendation this date go forward with the example of Councillor Gazzola added in and the matter be followed up at the next Development and Technical Services Committee meeting to ensure the Committee minutes encompass all points raised. Councillor Gazzola suggested that the matter should be deferred until the Committee minutes can be reviewed. On motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, it was agreed to defer consideration of Clause 13 of the Development and Technical Services Committee report (Draft Goals of the Long Term Parking Strategy), to the September 15, 2008 Council meeting, pending circulation of the August 11, 2008 Development and Technical Services Committee minutes. The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 7 -Carried, as Amended. Clause 13 -Deferred to the September 15, 2008 Council meeting. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Councillor J. Gazzola advised that he would not support Paragraph 3 of Clause 4 of the report, dealing with approval of an over-expenditure to the Operations budget fora 1-year contract Winter Co-ordinator /Supervisor position for the 2008 / 09 winter season. The Community Services Committee report was then voted on Clause by Clause. Clause 4 -Voted on in two separate parts as follows: Paragraphs 1, 2, 4, 5 & 6 -Carried. Paragraph 3 -Carried. Motion Carried. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Finance and Corporate Services Committee be adopted." COUNCIL MINUTES AUGUST 1$, 200$ - 221 - CITY OF KITCHENER Councillor J. Gazzola spoke in opposition to Clause 8 of the report, dealing with acceptance of Community Services Department report CSD-08-069 (Corporate Accessibility Trainer Customer Service Regulation -Accessibility for Ontarians with Disabilities Act, 2005). He stated that he could not support an expenditure of $250,000. to hire a Corporate Accessibility Trainer to provide in-house training for staff as it was his opinion there would be other outside sources to draw from. Mayor C. Zehr noted that the cost to the City is only $120,000. of the total $250,000. Councillor K. Galloway commented that the training is a legislated requirement and it was her opinion the proposed method is the most cost effective and most efficient way of providing immediate and continuous training for staff. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 8 -Carried. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Audit Committee be adopted." Carried. At the request of Councillor C. Weylie, Ms. C. Ladd agreed to undertake to assign an appropriate staff contact to co-ordinate investigation of a complaint concerning parking issues in the Belmont Village area, with a report to come forward at a later date. Mayor C. Zehr reported on Regional issues, advising that a public consultation meeting to review and consider potential increase in the size of Regional Council is to proceed in October 2008. Councillor J. Gazzola inquired as to the status of a proposed crosswalk from Cedar Hill to Strasburg Road, noting that a dispute concerning an adjacent fence was at issue one year ago. Mr. G. Murphy, Director of Engineering, advised that the dispute over the fence relates to ownership of the fence and the lands on which the fence is located. He stated that the fence is not on City-owned property and the City does not have an easement to allow construction of the walkway; adding that the matter is in the hands of the two property owners. Mayor C. Zehr stated that the City has a communal interest in providing the walkway between the two neighbourhoods and suggested that the City should intervene to mediate between the two property owners to assist in bringing the dispute to a resolution. Mr. Murphy advised that he would consult with legal staff to determine what might be done to move this matter forward. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by-laws for three readings this date being: two zoning amending by-laws relative to Clauses 6 & 7 of the Development and Technical Services Committee report of this date; and a by-law to exempt certain lots from Part Lot Control on Upper Mercer Street. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "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. COUNCIL MINUTES AUGUST 1$, 200$ - 222 - CITY OF KITCHENER (d) Being a by-law to provide for the establishing and laying out of part of David Bergey Drive as a public highway in the City of Kitchener. (e) Being a by-law to provide for the widening of part of Wilson Avenue as a public highway in the City of Kitchener. (f) Being a by-law to further amend By-law No. 2007-138, to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (g) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (h) Being a by-law to further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (i) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 51, 52, 57, 58, 65, 66, 117, 120, 125 and 126, Registered Plan 58M-433 -Highland Road East. (j) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1, 2, 3,4, 5 and 6, Registered Plan 58M-460. (k) Being a by-law to exempt certain lots from Part Lot Control -Lots 28 and 29, Registered Plan 58M-454 -Beaumont Crescent. (I) To confirm all actions and proceedings of the Council. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Rock Base Homes Inc. and Mahmood Hassanzedeh -Connaught Street. (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Arrow Lofts Inc. - 112 Benton Street. (o) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 29, Registered Plan 58M-392. -Upper Mercer Street. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylie "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. 2008-129) COUNCIL MINUTES AUGUST 1$, 200$ - 223 - CITY OF KITCHENER (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2008-130) (c) To further amend By-law 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. tBy-law No. 2008-131) (d) Being a by-law to provide for the establishing and laying out of part of David Bergey Drive as a public highway in the City of Kitchener. tBy-law No. 2008-132) (e) Being a by-law to provide for the widening of part of Wilson Avenue as a public highway in the City of Kitchener. tBy-law No. 2008-133) (f) Being a by-law to further amend By-law No. 2007-138, to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. tBy-law No. 2008-134) (g) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2008-135) (h) Being a by-law to further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2008-136) (i) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 51, 52, 57, 58, 65, 66, 117, 120, 125 and 126, Registered Plan 58M-433 -Highland Road East. tBy-law No. 2008-137) (j) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1, 2, 3,4, 5 and 6, Registered Plan 58M-460. tBy-law No. 2008-138) (k) Being a by-law to exempt certain lots from Part Lot Control -Lots 28 and 29, Registered Plan 58M-454 -Beaumont Crescent. tBy-law No. 2008-139) (I) To confirm all actions and proceedings of the Council. tBy-law No. 2008-140) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Rock Base Homes Inc. and Mahmood Hassanzedeh -Connaught Street. tBy-law No. 2008-141) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Arrow Lofts Inc. - 112 Benton Street. tBy-law No. 2008-142) COUNCIL MINUTES AUGUST 1$, 200$ - 224 - CITY OF KITCHENER Being a by-law to exempt certain lots from Part Lot Control -Part of Block 29, Registered Plan 58M-392 -Upper Mercer Street. tBy-law No. 2008-143) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Council considered Chief Administrator's Office report CAO-08-026 (C. Ladd), dated August 15, 2008, concerning a Memorandum of Understanding between the City of Kumasi, Ghana, and the City of Kitchener to implement a Local Governance Capacity Building Project. Ms. C. Ladd then introduced visiting representatives from the Kumasi Metropolitan Assembly, Ghana, with whom the City of Kitchener has entered into a formal partnership under the Federation of Canadian Municipalities (FCM) /Canadian International Development Agency (CIDA) -Local Governance and Capacity Building Country Programme. Ms. Ladd advised that Ghana commenced a program to de- centralize authority from the Central Government to its municipalities to foster effective local municipal organizations but is at present poorly defined and not well understood by its residents. The goal of the partnership with Kumasi is to support municipal capacity building by developing and implementing a strategic plan in Bantama Sub-metro, one of 10 Kumasi districts, to enhance service delivery and strengthen citizen participation in local governance. The strategic plan, along with development of training programs and related manuals, will be documented to assist with implementation in other Kumasi sub-metros. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That City Council approves the Memorandum of Understanding (MOU) between the City of Kumasi, Ghana and the City of Kitchener to implement a Local Governance Capacity Building Project, as attached to Chief Administrator's Office report CAO-08-026." Mayor C. Zehr then invited the Honourable Mayor Patricia Appiagyei, Kumasi, to come forward for formal signing of the Memorandum of Understanding and City of Kitchener Guest Book. On completion of signing the documents, Mayor Zehr acknowledged receipt of the Kumasi and Ghana flags on his visit to Kumasi in 2007 and reciprocated by presenting the Kitchener and Canadian flags to the Mayor of Kumasi. Mayor Zehr expressed appreciation to the Kumasi delegation in undertaking this three-year partnership program and invited them to a reception to be held in their honour following the Council meeting this date. On motion, the meeting adjourned at 8:20 p.m. MAYOR CLERK COUNCIL MINUTES AUGUST 1$, 200$ - 225 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That a School Bus Loading Zone be established in the bus bay on Apple Ridge Drive from a point 60 metres south of Woodfield Street to a point 52 metres south thereof; and, That an Adult Crossing Guard facility be established on Max Becker Drive at Commonwealth Street, effective September 2, 2008; and, That the funds necessary to operate this facility be considered an over expenditure of the 2008 Operating Budget; and further, That the Uniform Traffic Bylaw be amended accordingly. 2. That the no parking anytime zone on the west side of Breithaupt Street be extended from a point 44 metres north of Waterloo Street to a point 50 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly. 3. That enforcement of the City's Zoning By-law be waived with respect to a retail use located at 558 Belmont Avenue West, within a building existing on August 11, 2008 and temporary occupancy be approved subject to the retail use vacating the location in the event that the entire site is not rezoned to a future Mixed Use Corridor Zone; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of this application. 4. That Stormwater Management Audit - 5 Year Report Card Technical Summary (2002 to 2006) prepared by Totten Sims Hubicki Associates be received and further; That staff review the Stormwater Management Redevelopment/Infill Charge as part of the 2009 budget deliberations. 5. That Zone Change Application ZC08/08/P/KA for the purpose of extending Temporary Use Provision #11 for an additional three year period, on lands owned by St. Mary's General Hospital, to allow for offices ancillary to a hospital, on lands legally described as Registered Plan 230 Part Lot 339, Registered Plan 699 Part Lot 1, municipally known as 9 Pleasant Ave, in the City of Kitchener be approved, in the form shown in the "Proposed By-law", dated July 7, 2008, attached to Development & Technical Services Department report DTS-08-109 subject to the following condition: That the zoning by-law not receive three readings until the owners of both 9 Pleasant Avenue and 911 Queen's Boulevard, together, have provided the City of Kitchener with an Undertaking to provide parking as required by staff located at 9 Pleasant Avenue off-site and off-street, to the satisfaction of the Director of Planning and the City Solicitor. 6. That Zone Change Application ZC07/27/C/AP, requesting a change from Residential Four Zone (R-4) to Residential Six Zone (R-6) on lands legally described as Part Lot 177, Plan 254, designated as Parts 1 and 2, Reference Plan 58R-14743, municipally known as 450-452 Connaught Street, in the City of Kitchener, owned by Rock Base Homes Inc. (Part 2, 58R- 14743) and Mahmood Hassanzedeh (Part 1, 58R-14743), be approved, in the form shown in the "Proposed By-law", dated July 11, 2008, attached to Development & Technical Services Department report DTS-08-111; and further, That site plan and elevation drawings to be approved for 450-452 Connaught Street be based on and in general accordance with the site plan and elevation drawing appended to Development & Technical Services Department report DTS-08-111. (Dealt with under Delegations and Carried) COUNCIL MINUTES AUGUST 1$, 200$ - 226 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 7. That Zone Change Application ZC08/19/B/JVW (Arrow Lofts) to change the zoning from Commercial Residential Three (CR-3) with Special Regulation 394R and Holding Provision 46H to Commercial Residential (CR-3) with Special Regulation 394R on lands legally described as Part of Lots 11-20 inclusive, Registered Plan 398 and Part Lot 174, Subdivision of Lot 17, German Company Tract, being Part 1 Reference Plan 58R-7055, municipally known as 112 Benton Street, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated July 28, 2008, attached to Development & Technical Services Department report DTS-08-115. (As Amended) 8. That the South Strasburg Trunk Sanitary Sewer Environmental Study Report (ESR) prepared by Stantec Consulting Ltd., dated July 2008 be received; and further, That the South Strasburg Trunk Sanitary Sewer Environmental Study Report be filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment Act. 9. That staff be directed to initiate the Schedule "B" Class Environmental Assessment for the Plains Road closure, from Huron Road to the limit of proposed subdivision 30T-07205, due to the proposed development plans for this area; and, That MTE Consultants Inc. be retained as the City's Engineering Consultant to undertake a Schedule `B' Class Environmental Assessment for the closure of Plains Road in accordance with the Municipal Code, Chapter 170, Section 170.6.2, Fees of less than $20,000; and further, That the Mayor and Clerk be authorized to execute an Engineering Agreement for the provision of professional engineering services between the City of Kitchener and MTE Consultants Inc. at a total cost of $19,987.07 including applicable taxes for completion of the Plains Road Closure from Huron Road to the limit of proposed subdivision 30T-07205, as a Schedule `B' Class Environmental Assessment project, upon receipt of the necessary funds from Becker Estates Incorporated who are providing financing for this project. 10. That the Roads and Bridges Infrastructure Grant of $2,699,936.00 received by the City of Kitchener from the Province of Ontario on July 7th, 2008 be allocated to the following infrastructure remediation programs in the respective amounts: Accelerated Infrastructure Replacement Program - $1,275,000 Road Resurfacing Program - $ 750,000 Sidewalk Repair Program - $ 250,000 Bridge Repair Program - $ 250,000 Road Microsealing Program - $ 99,936 Franklin Avenue Sewer Repair and Road Rehabilitation - $ 75,000; and, That Purchase Order # 0800616 assigned to Steed and Evans related to the Road Resurfacing Program be extended from $3,691,667.17 by $637,500 for a total of $4,329,167.17; and further, That Purchase Order # 0800616 assigned to Sousa Concrete related to the Sidewalk Repair Program be extended from $629,771.63 by $212,500 for a total of $842,271.63. 11. That Demolition Control Application DC08/08/L/AP requesting permission to demolish one single detached dwelling located at 178 Louisa Street, owned by Shanae Management Inc., legally described as PLAN 376 LOT 393 LOT 394 PT LOT F PLAN 400 PT LOT 6 PART 1 RP 58R1863, be approved without conditions. 12. That Demolition Control Application DC08/09/V/AP requesting permission to demolish one single detached dwelling located at 1320 Victoria Street North, owned by Patene Building Supplies Limited, legally described as Part Lot 122, GCT, be approved without conditions. COUNCIL MINUTES AUGUST 1$, 200$ - 227 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 13. That the following `draft' goals of the Long Term Parking Strategy be accepted as the basis to commence the detailed analysis of the Long Term Parking Strategy and Parking Enterprise Business Case: SUggIY 1. To continue in the parking business to ensure supply; 2. To have a downtown parking inventory (public and private) sufficient to accommodate business demand; 3. To have all new major developments provide on-site parking in structures. Consideration will be given to cash-in-lieu for parking in publicly owned structures; 4. To have long-term parking spaces provided in structures, utilizing available on-street spaces for short-term parking users; Operations 1. To operate parking as an enterprise providing a return on investment; 2. To maximize the use of City parking resources; 3. To account for parking subsidies within the City's budgets; 4. To offer parking structures which are well maintained, safe and accessible; 5. To provide customers with the most current and automated payment methods available; 6. To explore opportunities for providing `parking availability' services (such as directional supply signage, GPS-based services, etc.); Design of New Structures 1. To build multi-use parking facilities, where feasible, which integrate commercial, office and/or residential uses; 2. To build only high quality, well-designed exterior facades, which meet the intent of the City's downtown design policies and contribute aesthetically to the urban streetscape; Environment 1. To support Transportation Demand Management initiatives as a means of stabilizing or decreasing parking demands; 2. To provide facilities that accommodate for changing transportation modes and vehicle types; Redevelopment 1. To redevelop surface parking lots with viable reurbanization projects as demand allows; and, 2. To develop a methodology to adjust the annual dividend paid by the Parking operation to the City when a surface lot is removed from the parking inventory for redevelopment; and further, That the following also be considered as part of the long-term parking strategy: 1. can /should the City rent or lease its parking facilities to a private company; 2. account for parking subsidies; and, 3. encourage development and use of more public transit. (Deferred to the September 15, 2008 Council meeting) COMMUNITY SERVICES COMMITTEE - 1. That Julie Robbescheuten be appointed as a citizen member to the Arts & Culture Advisory Committee (ACAC) for a term ending November 30, 2008. 2. That the Kaufman Steam Engine Donation Agreement, developed pursuant to the November 13, 2007 resolution of City Council, be amended by replacing the first reference to "Doon Heritage Crossroads"' with "The Regional Municipality of Waterloo for the Region of Waterloo History Museum's" and by replacing the second reference to "Doon Heritage Crossroads" with "The Regional Municipality of Waterloo". COUNCIL MINUTES AUGUST 1$, 200$ - 22$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. That the Forest Hill Neighbourhood Association be removed from the City of Kitchener's Neighbourhood Association Affiliation list; and, That the Forest Hill Neighbourhood Association be removed as an insured group from the City of Kitchener's Third Party Liability Insurance program; and further, That the expansion of the Forest Heights Community Association's geographical boundaries to include the Forest Hill Neighbourhood Association's boundaries, be endorsed. 4. That the recommendations contained in the Winter Operations Analysis prepared by Covenco Ltd., as outlined in Community Services Department report CSD-08-066 be received and staff be directed to begin the implementation process; and, That pre-budget approval be granted for the conversion of 4 temporary staff positions to full- time for the 2008/09 winter season along with other permanent budget adjustments proposed in report CSD-08-066 which result in a net additional budget requirement of $33,500. to be included within the 2009 "operations to service growth" budget increase provision; and, That $93,000. be approved as an over expenditure to the 2008 and 2009 Operations Budget for a Winter Coordinator/Supervisor position on a 1 year contract for the 2008/2009 winter season while a review of the operational structure of the Consolidated Maintenance Facility (CMF) is undertaken; and, That the principle of budgeting for winter maintenance based on a 5 year rolling historical average cost be maintained, and the necessary adjustments to budget be referred to the 2009 Operating Budget Process; and, That staff be directed to investigate the feasibility of a by-law to prohibit parking on any street during "called snow events" and/or snow loading activities, and report back to the September 29, 2008 Community Services Committee meeting; and further, That staff be directed to prepare a tender for the contracting out of snow removal on cul-de- sacs bulbs for "full plow" events. 5. That the recommended funding approaches for the 10 grant recipients listed in "Table A: Funding Recommendations for Existing Annual Grant Recipients Who Do Not Meet Tier 1 Criteria" of Community Services Department report CSD-08-070, be approved; and, That the process proposed for Tier 1 and Tier 2 of the Community Grants Program, as outlined in report CSD-08-070, be approved; and further, That staff be directed to review the Community Grants Program Tier 2 process at the end of its first year to identify improvements for 2010. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the request of the Waterloo Public Interest Research Group to sell refreshments in Victoria Park on September 14, 2008 be approved, provided the necessary licence is obtained, including Health approval. 2. That the request of Kitchener-Waterloo Chapter of SPEBSOSA Inc. to hold lotteries in the City of Kitchener be approved provided that the funds being raised are used for charitable purposes as mandated in the Provincial regulations. 3. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Waterloo Pentecostal Assembly for their church picnic and concert to be held on August 31, 2008, between the hours of 4:00 P.M. and 7:30 P.M. COUNCIL MINUTES AUGUST 1$, 200$ - 229 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the New Apostolic Church for their barbecue and carnival to be held on September 7, 2008, between the hours of 10:00 A.M. and 3:00 P.M. 5. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Doon Pioneer Park Community Centre for their annual outdoor concert and festival to be held on September 20, 2008, between the hours of 2:00 P.M. and 10:00 P.M. 6. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Kitchener Horticultural Society for 2 outdoor concerts to be held at Rockway Gardens on August 24 and September 7, 2008, between the hours of 7:30 P.M. and 8:30 P.M., each night. 7. That the Mayor and Clerk be authorized to sign the Antenna Use Agreement with The City of Waterloo as appended to Financial Services Department report FIN-08-108; and further, That this agreement be in effect from July 15, 2008 to June 30, 2013; with an option to renew thereafter on an annual basis at Corporate Management's discretion. 8. That Community Services Department report CSD-08-069 (Corporate Accessibility Trainer Customer Service Regulation -Accessibility for Ontarians with Disabilities Act, 2005), dated July 21, 2008 be received. 9. That staff be authorized to sole source the purchase of the CLASS point of sale module from ActiveNetwork, subject to the negotiation of a satisfactory agreement within the Council approved budget for the project. AUDIT COMMITTEE - 1. That the 2007 Annual Financial Report of the City of Kitchener be approved. 2. That Council receive the report for information and that staff continues to proceed with the implementation plan of the Engineering audit recommendations as prepared by the MMM Group and originally received by Council on March 17, 2008. COUNCIL MINUTES AUGUST 1$, 200$ - 230 - 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. Tender Approvals -Chief Administrative Officer -Council Summer Recess Dealt with under Delegations. 2. Various Tenders Dealt with under Delegations. 3. Committee of Adjustment Decisions -Various Council considered Corporate Services Department report CRPS-08-137 (D. Gilchrist), dated August 12, 2008. Fence Variance Application FN 2008-009 (Stephen & Denise Quigley - 433 Falconridge Drive) was dealt with under Delegations. It was resolved: "That the application of Adam and Janet Schmidt (FN2008-008 - 901 Woodbine Court) requesting permission to erect a 1.524m (5') high wrought iron fence to be located 0.6096m (2') from the lot line abutting Woodbine Avenue (side yard abutting a street) rather than the required setback of 1.5m (4.92'), on Lot 172, Registered Plan 58M-374, 901 Woodbine Court, Kitchener, Ontario, BE APPROVED." 4. Heritage Permit Application 2008-V-010 - 63 Schneider Avenue Council considered Development and Technical Services Department report DTS-08- 112 (J. Willmer), dated August 12, 2008. It was resolved: "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-V-010 be approved, to permit the construction of a new roof and a dormer at 63 Schneider Avenue, in accordance with the plans submitted with the application; and, subject to the final building permit drawings being reviewed and confirmed as acceptable by Heritage Planning staff, prior to the issuance of a building permit." 5. Temporary License Agreement - JT Bakeries Council considered Corporate Services Department report CRPS-08-135 (F. McCrea), dated August 11, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute a License Agreement, satisfactory to the City Solicitor, with JT Bakeries Inc., the owner of the property municipally known as 1760 Strasburg Road and their contractor, SKC Construction Inc., to allow them to temporarily use City owned property during the construction of an addition to 1760 Strasburg Road." COUNCIL MINUTES AUGUST 1$, 200$ - 231 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Uncollectible Receivables -Write-off Council considered Financial Services Department report FIN-08-110 (D. Chapman), dated August 7, 2008. Staff provided further explanation, advising that the Sundry Receivables relate to uncollectible proceeds from a contracted vendor who is now under a different corporate entity and the originating company refuses responsibility for the outstanding payment. It was noted that undertaking legal course of action was considered but determined not to be a good use of staff resources; however, Mr. D. Chapman, General Manager, Financial Services, indicated that staff would continue to pursue viable means to collect the monies owing. It was resolved: "That Uncollectible Receivables, amounting to $22,422.28 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 7. Uncollectible Utility Accounts -Write-off Council considered Financial Services Department report FIN-08-111 (D. Chapman), dated August 11, 2008. Ms. P. Houston, General Manager, Community Services, advised that significant reductions in Utility account write-offs is attributable to automation of the billing system and additions to staffing that now allows staff to maintain a level within the targeted 0.3% for write-offs pursuant to Council's collection policy. It was resolved: "That Uncollectable Utility Accounts, amounting to $69,009.03 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." $. Dog Designation Appeal Committee Decisions -Various Council considered Corporate Services Department reports CRPS-08-123, CRPS-08- 124 and CRPS-08-133 (C. Goodeve), respecting three decisions of the Dog Designation Appeal Committee. It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Jeanette Bauman, wherein the Committee affirms the Dangerous Dog Designation applied to her dog `Bela' by the Kitchener-Waterloo and North Waterloo Humane Society and assigns conditions for the keeping of said dog, be ratified and confirmed." -and- "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Lisa Peppier-Cannon, wherein the Committee rescinds the Restricted Dog Designation assigned to her dog `Goofy' by the Kitchener-Waterloo and North Waterloo Humane Society, be ratified and confirmed." -and- COUNCIL MINUTES AUGUST 1$, 200$ - 232 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) $. Dog Designation Appeal Committee Decisions -Various tCont'd) "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Jeff Allen, wherein the Committee substitutes the Dangerous Dog Designation applied to his dog `Hondo' by the Kitchener-Waterloo and North Waterloo Humane Society with a Potentially Dangerous Dog Designation and assigns conditions for the keeping of said dog, be ratified and confirmed." 9. Doon Valley Golf Course Expansion - Declaration of Surplus Lands for Convevance of Easements and a Road Widening Council considered Corporate Services Department report CRPS-08-138 (L. MacDonald), dated August 14, 2008. It was resolved: "That the lands located south of the Highway 401, in the City of Cambridge, owned by the City of Kitchener to be developed as part of the Doon Valley Golf Course, more specifically Part of Lots 9, 10 and 11 of Beasley's Old Survey, in the City of Cambridge be declared surplus to the City's needs for the purposes of: 1) granting a conservation easement over said lands in favour of the Region of Waterloo; 2) granting a 30 metre wide easement for a public recreational walking trail over a portion of the said lands in favour of the City of Cambridge; and 3) the conveyance of a road widening across the Fountain Street frontage of a portion of the said lands in favour of the Region of Waterloo. 10. Bikewav Studv Uadate Council considered Development and Technical Services Department report DTS-08- 127 (J. McBride), dated August 13, 2008. Council was circulated this date with Development and Technical Services Department report DTS-08-133 (J. McBride), dated August 18, 2008 (addendum to report DTS-08- 127), which proposes modifications to the second paragraph of the staff recommendation to clarify that the letter of commitment by the City binds the Corporation to its 50% share of the project. Staff added that this project will be contingent upon receiving the Ontario TDM grant funding; and that should the funding not be approved Council could then decide whether or not to proceed with the project. It was resolved: "That the submission of a City of Kitchener application to the Ontario TDM Municipal Grant Program to update the 1998 Bikeway Study be endorsed; and further, That the commitment of the City's 50% share of the proposed project budget to update the 1998 Bikeway Study be approved, subject to final confirmation by the Province, as required by the Ontario TDM Municipal Grant Program." 11. Provincial Lottery Licence -Kitchener-Waterloo Oktoberfest -Gaming Event at Bingeman's Council considered this date Corporate Services Department report CRPS-08-139 (R. Gosse), dated August 18, 2008. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from COUNCIL MINUTES AUGUST 1$, 200$ - 233 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 11. Provincial Lottery Licence -Kitchener-Waterloo Oktoberfest -Gaming Event at Bingeman's tCont'd) October 10 to October 18, 2008 at Bingeman's Marshall Hall, 425 Bingemans Centre Drive, Kitchener."