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HomeMy WebLinkAboutCouncil - 2008-11-24COUNCIL MINUTES NOVEMBER 24, 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 Tanisha Edwards, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held October 27, 2008 and special meetings held October 27 and November 17, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. Don Chapman, Manager of Special Events, announced that the City of Kitchener was selected by the Olympic Torch Relay Committee as a site through which the Olympic Torch will pass on December 27-29, 2009, on its way to the 2010 Vancouver Winter Olympic Games. Mr. Chapman introduced Ms. Ann Bilodeau, Chairperson, and Mr. Brad Schlegal, Honourary Chairperson, of the Kitchener Olympic Torch Relay Organizing Committee, and presented a short video. Mr. Chapman advised that citizens of this area will have opportunity to make application to participate in the relay as a bearer of the Olympic Torch. Mayor C. Zehr expressed appreciation for the combined experience that Ms. Bilodeau and Mr. Schlegal will bring to Kitchener's Organizing Committee and encouraged citizens interested in being a torch bearer to visit the Vancouver 2010 Olympic website for information on how to apply. Mayor Zehr acknowledged Jane Black, Vice-President, RBC Financial Services, one of the two national sponsors of the Olympic Torch Relay in attendance this date; and advised that Coca-Cola is the other national sponsor. Councillor J. Gazzola inquired how many area residents would have opportunity to carry the Olympic Torch. Mr. Chapman advised that the number has yet to be determined but anticipated several hundred within the Region. Mr. Dan Chapman, General Manager of Financial Services, announced that the Certified General Accountants Association, in honour of their 100th Anniversary of the founding CGA designation, has named a list of Top 100 CGAs who have made an outstanding contribution to their designation, their community and the lives of others; to which Joyce Evans, Director of Revenue and Mayor C. Zehr are among those recognized. Mr. Chapman extended congratulations to both on behalf of the City and presented each with a commemorative gift. Mayor C. Zehr advised that Mr. Bruce McKie, who was listed as a delegation on the agenda this date to speak to Clause 8 of the Development and Technical Services Committee report dealing with traffic calming on Heritage Drive, had advised that he would not be in attendance but did convey his support for the Committee's recommendation. Mayor Zehr advised that this matter would be subsequently dealt with in the normal course of these proceedings. Mr. John Arndt, NW Branch, Architectural Conservancy of Ontario, attended in support of Clauses 3 and 4 of the Heritage Kitchener report of this date, dealing with designation of 11 Young Street (Mayfair Hotel) and 156-158 King Street East (P. Hymmen Hardware). Mr. Arndt stated that the Board of the Conservancy wish to go on record in support of the proposed designations as it was their opinion the buildings are deserving of designation, should be properly maintained by the City of Kitchener as stewards of the buildings, and felt it was feasible to integrate the buildings into the proposed development of the Centre Block. Mayor C. Zehr requested staff to comment on implications of the proposed designations as it relates to the Centre Block re-development. Mr. R. Regier, Executive Director of Economic Development, advised that staff have discussed the matter with Andrin Developments, with whom the City is negotiating for re-development of Centre Block. Andrin has worked with Heritage Kitchener previously in re-development of the Kaufman Lofts and is familiar with the process of adaptive re-use. Andrin has indicated that the interior of the buildings will present a challenge but has known from the outset that the buildings are important to the City, as identified in the Terms of Reference for the project. Mr. Regier advised that Andrin is comfortable with working within the context of designation but is asking for some flexibility as it relates to the interior of the buildings. Councillor J. Gazzola stated that the majority of the proposed designation relates to the exterior of the buildings and expressed the opinion that staff could work with Andrin to meet any requirements with respect to the interior of the buildings. COUNCIL MINUTES NOVEMBER 24, 200$ - 322 - CITY OF KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clauses 3 and 4 of the Heritage Kitchener report of this date be adopted." Carried. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Proposal P08-081, Playground Construction -Charles Best, Morrison, Rosenberg and Weber Parks be awarded as follows: • Charles Best Park to Henderson Recreation Equipment Limited, Simcoe at their proposed price of $20,000., including P.S.T. & G.S.T.; • Morrison Park and Weber Park to Belair Recreational Products Inc, Paris at their proposed prices of $27,785.45 and $37,766.11, respectively, including P.S.T. & G.S.T.; and, • Rosenberg Park to Crozier Enterprises Ltd, Cambridge at their proposed price of $36,750., including P.S.T. & G.S.T." -and- "That Expression of Interest E08-077, Consultant Services -Road Reconstruction -Linden Avenue, Michael Street and Oak Street, be awarded to MTE Consultants Inc., Kitchener, at their estimated fee of $323,607.90 including a contingency of $28,018. 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 E08-087, Consultant Services -Road Reconstruction -Benton Street (Courtland Avenue to Whitney Place) and Martin Street, be awarded to McCormick Rankin Corporation, Kitchener at their estimated fee of $160,471., including a contingency of $13,894. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Scott Ritchie, MHBC Planning Limited, attended in support of the decisions of the Committee of Adjustment concerning Sign Variance Applications, Submission Nos. SG 2008-003 (2088212 Ontario Inc. - 4326 King Street East) and SG 2008-007 (GPM Managed Investments Inc. - 4326 King Street East and 100 Sportsworld Drive), listed under Item B.6 of the Committee of the Whole agenda of this date. Moved by Councillor J. Gazzola Seconded by Councillor C. Weylie "That the application of 2088212 Ontario Inc. (SG 2008-003 - 4326 King Street East) requesting permission to erect 2 fascia signs, one to be located on the easterly side wall of the building and one to be located on the rear wall of the building, to cover 100% of the walls on which they are to be located rather than the permitted 30%, on Part Lot 9, Beasley's Broken Front Concession, 4326 King Street East, Kitchener, Ontario, BE APPROVED." COUNCIL MINUTES NOVEMBER 24, 200$ - 323 - CITY OF KITCHENER -and- "That the application of GPM Managed Investments Inc. (SG 2008-007 - 4326 King Street East and 100 Sportsworld Drive) requesting permission to erect 2 ground supported signs, one on the King Street frontage of 4326 King Street East and the 2nd sign to be located on the Sportsworld Drive frontage of 100 Sportsworld Drive, both signs to have a height of 9m (29.52') rather than the permitted 7.5m (24.6') and to have an area of 26.03 sq. m. (280.19 sq. ft.) rather than the permitted area of 20 sq. m. (215.28 sq. ft.), on Part Lots 8 & 9, Beasley's Broken Front Concession, 100 Sportsworld Drive, and 4326 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a sign permit from the City of Kitchener prior to the erecting of the approved signs." Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Carried. Carried. Councillor J. Gazzola requested that Clause 2 be voted on separately, advising that he would not support the Committee's recommendation as it was his opinion the selection requirements should not be waived, preferring the matter to be tendered. The Community Services Committee report was then voted on Clause by Clause. Clause 2 -Carried. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted. Councillor J. Gazzola spoke in regard to Clause 7 of the report, dealing with endorsement of the Drinking Water Quality Management Standards Operational Plan. He noted that the endorsed Plan does not have to be filed with the Ministry until February 2009 and staff is having the document audited, as well as reviewed by senior management in January. It was his opinion endorsement should follow this review; however, he advised that he would support the recommendation but asked that staff report back when the review is completed. Council considered this date an email transmission (B. Steiner), dated November 21, 2008, relative to Clause 1 of the report dealing with the Operating Framework for the Local Environmental Action Fund (LEAF) and composition of the LEAF Steering Committee. The additional information outlined options for appointment of members of the public to the Steering Committee. Councillor J. Gazzola expressed a preference for Option 1 to advertise for two members of the public who are environmental experts and / or community leaders with experience in granting organizations, or represent other relevant specified sectors of the community. Councillor B. Vrbanovic advised that he would prefer Option 2, which is similar to Option 1, but provides for the individuals to be appointed as opposed to placing an advertisement. Councillor Vrbanovic suggested that it allows staff to identify areas of strength and make recommendations to Council in a similar manner as that undertaken for the Centre Block Steering Committee. He added COUNCIL MINUTES NOVEMBER 24, 200$ - 324 - CITY OF KITCHENER that it is anticipated submissions to LEAF will be more complex in nature and he was of the opinion Option 2 would be a more effective method and that Council would still make the final decision. Mayor C. Zehr requested that the issue of including lay appointments in the composition of the LEAF Steering Committee and the issue of whether or not to advertise or appoint these positions be dealt with separately. On motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 11 by deleting the deferral clause and by providing for two members of the public to be added to the composition of the Steering Committee, who are environmental experts and / or community leaders with experience in granting organizations, or represent other relevant specified sectors of the community, for a period of two years (2009 - 2010). Councillor J. Gazzola maintained that the lay appointments should be advertised to ensure an open, transparent process. Ms. C. Ladd commented that the process undertaken for the Centre Block Steering Committee was a combination, advising that Expressions of Interest went out and the applications received were then reviewed by staff against certain criteria and recommendations then made to Council. She added that Council received the full complement of applications in addition to staff's recommendations prior to making a final decision. She suggested that a similar process be followed for the LEAF Steering Committee. Councillor Vrbanovic agreed that the process for the Centre Block Steering Committee had worked well and was supportive of such a process as it was his opinion it provides for a more comprehensive vetting of applications given the nature of the work and caliber of projects likely to be considered. He suggested that such a process would address the issue of transparency. Mayor Zehr questioned the cost of advertising. Mr. R. Gosse, City Clerk, advised that based on the process used for advisory committees, the cost would range from $700. to approximately $1,400. dependent on whether one advertisement is sufficient or a second round would be required. Mr. M. May, Director of Communications & Marketing, suggested that advertising in the local newspaper alone would have limited success; adding that for this type of initiative, he would suggest a broader circulation beyond traditional advertising methods that would be more costly. Councillor J. Gazzola expressed the opinion that the City has a number of tools already at its disposal that could be used without spending additional dollars for advertising. Mayor C. Zehr suggested that a decision be made this date as to whether or not to advertise or appoint the lay members to the Steering Committee and staff report back to the December 1, 2008 Finance and Corporate Services Committee meeting as to the mechanics of the selection process. On motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, it was agreed to further amend Clause 11 to provide that the two public member appointments be advertised and that staff report to the December 1, 2008 Finance and Corporate Services Committee as to processes that could be used to evaluate and make recommendations to Council on the applications received. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 7 -Carried. Clause 11 -Carried, as Amended. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Audit Committee be adopted." Carried. COUNCIL MINUTES NOVEMBER 24, 200$ - 325 - CITY OF KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause. Clauses 3 and 4 -Dealt with under Delegations and Carried. Balance of report -Carried. Councillor B. Vrbanovic provided an update arising from various matters considered at a recent Board meeting of the Federation of Canadian Municipalities (FCM), of which it was made note that Kitchener had bid to host an FCM Board meeting in 2011 but was instead successful in being awarded the March 12, 2012 FCM Board meeting due to high interest and competition from other municipalities wishing to have the same opportunity. At the request of Councillor K. Galloway, staff was asked to consider the feasibility of establishing a Crime Prevention Through Environmental Design (OPTED) Advisory Committee. At the request of Mayor C. Zehr, Mr. R. Regier provided an overview of a recent meeting of the Ontario Mayors Automotive Investment Coalition. He commented that the automotive industry is facing unprecedented challenges resulting from the economic downturn in the United States (U.S.) and subsequent credit crisis evolving internationally, but particularly in the U.S. Three components affecting the automotive industry include: inability for consumers to obtain financing in the U.S. to obtain new automobiles; difficulties leasing companies are having in financing their fleets; and, a downturn in demand for parts manufacturing. The Coalition made a strong statement for a coordinated response from senior levels of government and the U.S. to resume credit financing to help support the automotive industry; and that Canada be at the table when the U.S. resumes talk of a solution. Mr. Regier pointed out that the automotive industry employs 12,000 in the Region, generating $8 billion in gross revenue and there is concern that if the U.S. solution is made without participation of Canada, there will be adverse implications for our country's automotive industry. Councillor J. Gazzola advised that he had received a number of calls concerning a Regional decision related to provision of bus service for the Veterans' Day event. Mayor C. Zehr advised that the decision had been made at a staff level and it was his understanding that in discussions with the Legion, several buses were requested to be made available for a period of 1 ~/2 hours. There was concern expressed by Regional staff in committing the buses for that length of time during a peak time period and the Legion chose to rent buses elsewhere. Mayor Zehr agreed that this should not have happened and assured that steps have been taken to ensure it would not happen again. Councillor J. Gazzola referred to an issue he had raised earlier in the year concerning the status of a proposed crosswalk from Cedarhill to Strasburg Road. He noted that staff had been directed to deal with the matter and he had hoped that it would have been brought back for resolution prior to the winter months. Mr. J. Willmer, Interim General Manager, Development and Technical Services, advised that the challenge has been that the matter involves private property; however, he stated that staff have been working with the property owners and are confident that a solution is imminent in that, agreements will be negotiated shortly. He suggested that construction would likely take place in Spring 2009. Councillor J. Gazzola referred to recent newspaper articles concerning salary increases at the City of Waterloo, noting that Kitchener is in a similar position and asked staff to comment on the impact to the City of Kitchener. Ms. C. Ladd, Chief Administrative Officer, advised that at this time staff did not have the information readily available; however, she pointed out that the information will be included in the budget package coming forward in December 2008. Mayor C. Zehr commented on Regional matters, advising that Regional Council endorsed a new Affordable Housing Strategy (2008 - 2013) that sets a goal to create at least 500 new units of sustainable affordable housing. An Environmental Initiatives Fund was approved and will run parallel to Kitchener's LEAF Fund, with ability to leverage from each others. Finally, he advised that portions of a watershed study which sets criteria for urban development in southwest Kitchener was approved. COUNCIL MINUTES NOVEMBER 24, 200$ - 326 - CITY OF KITCHENER Councillor G. Lorentz inquired as to the impact of the decision made by Regional Council to increase its size. Mayor Zehr advised that the increase is from 16 to 20 members, which he did not believe was necessary and had not supported. He added that the matter is now subject to a triple majority vote, requiring four of the seven area municipalities to vote in favour and together, the 4 must comprise a majority of the population. Councillor Lorentz expressed concerns with the lack of understanding as to the differing roles between Regional Council and area municipal councils. He added that meetings with Regional Councillors used to be held and suggested that not having benefit of such meetings to determine respective positions would make it difficult to judge whether or not to support the proposed increased size of Regional Council. Mayor Zehr advised that more information would be coming to municipal councils to assist in the decision-making process and suggested that it may be beneficial to arrange an all-council meeting prior to the final decision taking place. Council agreed to the request of Mr. R. Gosse, City Clerk, to add four additional by-laws for three readings this date, including: two zoning amending by-laws relative to Clauses 6 & 7 of the Development and Technical Services Committee report; a by-law to amend Chapter 710 (Building Permit Fees) of the Municipal Code relative to Clause 10 of the Development and Technical Services Committee report; and a by-law to amend Chapter 533 (Master Drain Layer) of the Municipal Code relative to Clause 5 of the Finance and Corporate Services Committee report. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (c) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (e) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (f) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (g) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Committee of Adjustment. (h) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (i) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Planning Matters. (j) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (k) To confirm all actions and proceedings of the Council. (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Karen Kantor and Gregory Smith - Shanley Street. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -John Service Station Ltd. - Karn Street. COUNCIL MINUTES NOVEMBER 24, 200$ - 327 - CITY OF KITCHENER (n) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. (o) Being a by-law to amend Chapter 533 of the City of Kitchener Municipal Code with respect to Master Drain Layer. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-183) (b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-184) (c) 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. 2008-185) (d) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2008-186) (e) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. tBy-law No. 2008-187) (f) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. tBy-law No. 2008-188) COUNCIL MINUTES NOVEMBER 24, 200$ - 32$ - CITY OF KITCHENER (g) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Committee of Adjustment. tBy-law No. 2008-189) (h) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. tBy-law No. 2008-190) (i) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees -Planning Matters. tBy-law No. 2008-191) (j) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (k) To confirm all actions and proceedings of the Council. tBy-law No. 2008-192) tBy-law No. 2008-193) (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Karen Kantor and Gregory Smith - Shanley Street. tBy-law No. 2008-194) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -John Service Station Ltd. - Karn Street. tBy-law No. 2008-195) (n) Being a by-law to amend Chapter 710 of the City of Kitchener Municipal Code with respect to Building Permits and Fees. tBy-law No. 2008-196) (o) Being a by-law to amend Chapter 533 of the City of Kitchener Municipal Code with respect to Master Drain Layer. tBy-law No. 2008-197) be taken as read a third time, be finally passed and numbered serially b y the Clerk." Carried. On motion, the meeting adjourned at 8:40 p.m. MAYOR CLERK COUNCIL MINUTES NOVEMBER 24, 200$ - 329 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That on-street parking be prohibited from January 1st to March 31st of each year on the west side of Borden Avenue North from Crescent Street to Weber Street East; and the Uniform Traffic By-law be amended accordingly. 2. That on-street parking be limited to two (2) consecutive hours between 8 a.m. and 6 p.m. Monday to Friday along the east side of Madison Avenue North, from a point 35 metres north of King Street East to a point 26 metres south of Duke Street East; and the Uniform Traffic By- law be amended accordingly. 3. That a three (3) hour parking limit be reinstated on the north side of Trussler Road from Waldau Crescent to Costain Court; and further, that the Uniform Traffic By-law be amended to incorporate the parking regulations that were in effect under the Region of Waterloo's jurisdiction previous to the roadway's jurisdiction being downloaded to the City of Kitchener on November 1, 2006; and to reflect the recommended regulation changes. 4. That the City of Kitchener and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the reconstruction of the Sandrock Greenway Sanitary Trunk Sewer Replacement -Phase 1 in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the period from November 7, 2008 to January 31, 2009. 5. That right turns on red be prohibited at any time on Gaukel Street at the intersection of King Street West; and the Uniform Traffic By-law be amended accordingly. 6. That Zone Change Application ZC08/16/S/KA for the purpose of changing the zoning from Residential Five (R-5) to Residential Six (R-6) with Special Regulation Provision 483R on lands legally described as, Part of Lot 438 Grange's Survey, Plan 376, municipally known as 80 Shanley Street in the City of Kitchener be approved in the form shown in the attached Proposed By-law dated October 1, 2008 attached to Development & Technical Services Department report DTS 08-163. 7. That Zone Change Application ZC 07/21 /K/SR (391 Karn Street -John Service Station Ltd) for the purpose of changing the zoning from Residential Four (R-4) to Residential Five (R-5) with special regulation provision, 4850, on lands legally described as Plan 645 Part Lot 20 Part Lot 21 RP 58R3109 Part 2, in the City of Kitchener, be approved in the form shown in the Proposed By-law, attached to Development & Technical Services Department report DTS 08- 175. 8. That nine (9) speed humps be installed on Heritage Drive between Ottawa Street North and Halifax Drive; and, That the existing curb extensions on Heritage Drive between Grand River Collegiate and Lorraine Avenue be removed and the roadway restored to its original width; and further, That staff submit a report to the Development and Technical Services Committee, some time this winter, on how to resolve the conflict between bicycles and motor vehicles on that portion of Heritage Drive between Ottawa Street and Oakhurst Crescent. 9. That Demolition Control Application DC08/14/G/AP requesting permission to demolish one single detached dwelling and a detached garage located at 921 Glasgow Street, owned by 2117988 Ontario Inc., legally described as Part Lot 34 GCT, and Part 4 of Plan 58R-15652 be approved, subject to the following conditions: 1) That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: COUNCIL MINUTES NOVEMBER 24, 200$ - 330 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 9. (Cont'd) a) That prior to the application being approved by Council, the owner submit a Letter of Undertaking, to the satisfaction of the City Solicitor and Director of Planning, agreeing to retain a "Certified Arborist" to meet on site with City staff, the land owners and their contractors prior to any demolition being started to confirm and provide protective tree fencing for existing treed areas that could be impacted by the contractor during the demolition process. Further, the Arborist will be on site during the demolition time period in order to instruct and direct the contractors demolition procedures to protect trees from being unnecessarily damaged or removed and the Arborist will advise the Director of Planning prior to the start of demolition of any trees that will need to be removed during the removal of the house, shed, septic system and well areas as noted on the approved Demolition Control Plan. 10. That the proposed fees and charges contained in the 2009 Building Permit Fee Review, attached to Development & Technical Services Department report DTS-08-177 be approved; and further, That Legal Services prepare a by-law to amend Chapter 710 (Building Permit Fees) of the City of Kitchener Municipal Code to include these new fees. 11. That five (5) speed humps be installed on Traynor Avenue between Wilson Avenue and Vanier Drive in Spring 2009; and further, That five (5) speed humps be installed on Vanier Drive between Traynor Avenue and Walton Avenue in conjunction with the completion of the road resurfacing in 2010 and upon the review of the effectiveness of the Traynor Avenue Traffic Calming. 12. That Demolition Control Application DC 08/16/K/SR requesting permission to demolish a building containing three dwelling units and a florist store, owned by Maria and Ion Tutuianu, located at 1167 King Street East, legally described as Plan 251 Part Lot 6 Part Lot 7 Part Street & Lane Closed, be approved in principle, subject to the following condition: 1) That the owner obtains site plan approval for the proposed commercial building. 2) Upon satisfaction of Condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: That in the event that construction of commercial building is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential property in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 13. That Demolition Control Application DC08/15/UGS requesting permission to demolish one (1) single detached dwelling located at 615 Lancaster Street West, owned by Gordon Kaster, legally described as Survey Eby Devitt Plan 577 PT Lot 2 Lot 59 GCT, be approved without conditions. COUNCIL MINUTES NOVEMBER 24, 200$ - 331 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That the existing Council Policy I-325 (Municipal Alcohol Policy -Special Occasion Permits) be repealed and replaced with the revised Council Policy I-325 (Municipal Alcohol Policy), dated November 17, 2008, as attached to Community Services Department report CSD-08-090; and further, That Kingsdale Community Centre and Victoria Hills Community Centre be added to the list outlined in revised Council Policy I-325 of City facilities designated as being suitable for Special Occasion Permit (SOP) events or a liquor licensed event under a caterer's endorsement. 2. That the selection requirements in Article 6 (Consulting and Professional Services) of Kitchener Municipal Code Chapter 170 (Purchasing and Materials Management), be waived to authorize the Director of Purchasing to execute an agreement, subject to the satisfaction of the City Solicitor, with TCI Management Consultants to undertake the region-wide Community Cultural Mapping Project, with said agreement not to exceed $75,000. 3. That Council Policy I-594 (Grants -Annual Operating) and Council Policy I-596 (Grants - General Provision), be repealed and replaced with the Community Investment Policy, dated November 17, 2008, as attached to Community Services Department report CSD-08-087. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That Taposhi Batabyal, Gail Brunsdon, Anthony Cashin, Sharon Giles, Kurt Schneider and Sharon Ward-Zeller, be appointed to the Grand River Accessibility Advisory Committee (GRAAC) fora 3 year term ending December 31, 2011. 2. That the Mayor and Clerk be authorized to sign an Antenna Use Agreement and any necessary subsequent renewal agreements with The City of Waterloo, said agreement(s) to be to the satisfaction of the City Solicitor; and further, That the initial agreement be in effect from July 15, 2008 to June 30, 2013; with options to renew thereafter at the discretion of the Director of Fleet. 3. That the Mayor and Clerk be authorized to sign an agreement satisfactory to the City Solicitor with The Corporation of the City of Brantford, granting Brantford a revocable licence to use the Claims Management Program Software developed by City staff. 4. That Flag Raiders Paintball, 425 Bingemans Centre Drive, be granted an exemption from Chapter 745 (Guns) to permit paint ball guns and soft air guns to be discharged at their business location. 5. That staff prepare a by-law to amend Chapter 533 of the Municipal Code (Master Drain Layer) to amend the definition for "Master Drain Layer" and add a definition for "drain laying work". 6. That no action be taken on the request of Mohammad Elmallah on behalf of the Muslim Association of Canada to waive the balance of property taxes owing on the Association's property at 1017 Victoria Street North, Kitchener, as outlined in Mr. Elmallah's submission to the Finance and Corporate Services Committee on November 17, 2008. 7. That the Drinking Water Quality Management Standards Operational Plan, attached to Financial Services Department report FIN-08-133, be endorsed in principle, in accordance with the Safe Drinking Water Act, 2002 and Regulation 188/07; and further, That staff report annually on operation of the Drinking Water Quality Management Standards Operational Plan, including legislated and Departmental improvements having an impact to the Plan. COUNCIL MINUTES NOVEMBER 24, 200$ - 332 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 8. That funding in the amount of $53,195.01 be approved to finalize all payment requirements for the Sportsworld Drive /Gateway Park Drive reconstruction project, to be funded from the Capital Reserve in the amount of $32,980.91 (62%) and from the Development Charges Reserve in the amount of $20,214.10 (38%). 9. That extension of the original purchase order to McGillivary and Sons Ltd be approved in the amount of $43,343.29 to cover additional construction costs related to the City's Trenchless Rehabilitation Program. 10. That the tender process be waived for the scheduled purchase of a custom built aerial apparatus and allow the purchase of a comparable stock apparatus from apre-qualified dealer at a cost between $692,000 and $836,000. 11. That the details of the Operating Framework for the Local Environmental Action Fund (LEAF), as described in Development & Technical Services Department report DTS-08-194 be received for information; and, That the LEAF Steering Committee be comprised of the following individuals: the four (4) General Managers of City Departments, the Chief Administrative Officer, the Senior Environmental Planner responsible for LEAF, the Manager of Long Range and Policy Planning, the Director of Corporate Communications and Marketing and two members of the public who are environmental experts and / or community leaders with experience in granting organizations, or represent other relevant specified sectors of the community, for a period of two (2) years (2009-2010); and further, That the public member appointments be advertised and staff report to the December 1, 2008 Finance and Corporate Services Committee meeting on processes that could be used to evaluate and make recommendations to Council on the applications received. (Carried, as Amended) AUDIT COMMITTEE - 1. That the 2009 Performance Measurement and Internal Audit Work Plan as outlined in Chief Administrative Officer's report CAO-08-034, be approved. 2. That the Chief Administrative Officer's report CAO-08-035, regarding the Human Resources Division Review, be received for information. HERITAGE KITCHENER - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-IV-019 to permit the installation of a front gate and mail box at 300 Joseph Schoerg Crescent, in accordance with the plans submitted with the application, subject to satisfying all other municipal requirements and the final design of the front gate and mail box being reviewed and confirmed as acceptable by Heritage Planning staff prior to installation, be approved. 2. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2008-IV-020 to permit the installation of a fascia sign on the rear elevation of 70 King Street East, subject to the final sign permit drawings being reviewed and confirmed as acceptable by Heritage Planning staff prior to the issuance of sign permit, be approved. 3. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 11 Young Street, Kitchener (Former Mayfair Hotel) as being of cultural heritage value or interest, with the following heritage attributes: COUNCIL MINUTES NOVEMBER 24, 200$ - 333 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 3. (Cont'd) The cultural heritage significance of the former Mayfair Hotel building relates to its historic association with Edward Lippert, a prominent Kitchener businessman; its architectural style; and the contribution the building makes to the streetscape of the Downtown. Edward Lippert was a prominent Manufacturer, Merchant, Hotelman and City Builder. In 1905, he built a three storey building at the northeast corner of King and Young Streets (then addressed 164 King Street West), where he operated a retail furniture and undertaking business. Edward Lippert was elected to City Council in the 1930s and through his efforts to lower taxes in Kitchener, the Kitchener Taxpayers' Association was organized; and, Architecturally, the original three storey 1905 brown brick building features elements of the Renaissance Revival Style; a style that was revived in commercial buildings, banks, and offices in many urban centres from c.1870 to 1910. Features on the former Mayfair Hotel which are characteristic of the columnar variety of the Renaissance Revival style include the arched window openings with elaborate voussoirs, brick pilasters, and detailed corbelling atop the third storey. The 1929 three storey upper addition built by Ball Brothers Ltd., is similarly formal in balance and harmonious in composition. It is constructed of yellow brick and features design elements consistent with the Art Deco style, including most notably cast concrete cartouche pilaster capitals and window corner blocks; and, Contextually, the former Mayfair Hotel makes an important contribution to the Downtown streetscape. Apart from the replacement of windows and minor alterations to the facade at street level, the building appears much as it did in 1929, and adds to the visual and architectural continuity of the historic main street. It was the tallest building (at six stories) in the Downtown following construction of the 1929 addition, and continues to occupy a prominent location on King Street; and further, That the designation makes reference to the following specific features of 11 Young Street, being: All exterior elevations including: • Brown and yellow brick walls, pilasters and corbelling • All window openings with rusticated brick voussoirs and stone sills • All exterior door openings • Roof and roofline • Wood cornice and brackets • Cast concrete pilaster capitals and window corner blocks Interior Features limited to: • Terrazzo floors and wood paneling in lobby • Main staircase with terrazzo treads and metal balustrade • Pressed tin ceiling in the second floor lounge (Dealt with under Delegations and Carried) 4. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 156-158 King Street West, Kitchener (P. Hymmen Hardware) as being of cultural heritage value or interest, with the following heritage attributes: The cultural heritage significance of the former Hymmen Hardware building relates to its historic association with the Hymmen Hardware business; the architectural style of the building; and the contribution the building makes to the streetscape of the Downtown. Peter Hymmen was a tinsmith who opened a tinware shop in Berlin in the 1850s. The business was passed on to his sons Peter II and Henry, who establish Hymmen Bros. In 1892, Peter Hymmen II bought out his brother's share and added hardware and plumbing to the business line; and in 1906 opened P. Hymmen Hardware at 158 King Street West. Peter Hymmen II directed the business until shortly before his death in 1930. His sons, H.L. Hymmen and COUNCIL MINUTES NOVEMBER 24, 200$ - 334 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 4. (Cont'd) Homer Hymmen continued the business, and Hymmen Hardware became Berlin / Kitchener's longest operating business, closing its doors at the 158 King Street West location in 1960; and, Architecturally, the three storey brown brick building was built c.1905-06 by Edward Lippert or Peter Hymmen II and features elements of the Renaissance Revival Style; a style that was revived in commercial buildings, banks, and offices in many urban centres from c.1870 to 1910. Features on the former Hymmen Hardware building which are characteristic of the columnar variety of the Renaissance Revival style include the arched window openings with elaborate voussoirs, and detailed corbelling atop the third storey; and, Contextually, the former Hymmen Hardware building makes an important contribution to the Downtown streetscape. Apart from the replacement of windows and minor alterations to the facade at street level, the building appears much as it did in 1906, and adds to the visual and architectural continuity of the historic main street. Of particular interest, is that the fagade shares the same construction and architectural detailing as the original three storeys of the former Mayfair Hotel building located immediately to the west; and further, That the designation makes reference to the following specific features of 156-158 King Street West, being: All exterior elevations including: • Brown brick walls • All window openings with rusticated brick voussoirs and stone sills • All exterior door openings • Roof and roofline • Brick corbelling • Brick parapet • Wood cornice and brackets Interior features limited to: • Vault with vault door and hinges on first floor • Arched brick alcove in basement (Dealt with under Delegations and Carried) COUNCIL MINUTES NOVEMBER 24, 200$ - 335 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Execution of Engineering Agreement -Hallman Construction It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding Grand River South 1, Stage 4, Plan #58M-367." 2. Various Tenders Dealt with under Delegations. 3. Encroachment Agreement -Existing House over Storm Sewer - 46 Stoke Court Council considered Corporate Services Department report CRPS-08-184 (J. Sheryer), dated November 6, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 46 Stoke Crt. (PIN 22453-0136 LT) and subject to an easement registered as Instrument Number 672735, to legalize the existing encroachment of the front left corner of the house which extends approximately 3', more or less, onto the easement." 4. Applications for Cancellation, Refund, Reduction of Levv of Taxes Council considered Financial Services Department report FIN-08-163 (D. Chapman), dated November 18, 2008. It was resolved: "That pursuant to Section #357 of The Municipal Act, S.O. 2001, applications for cancellation, reduction, refund or levy of taxes be approved, totalling $217,438.42 and as attached to Financial Services Department report FIN-08-163." 5. Encroachment Agreement -Proposed Proiecting Sign - 70 King Street East Council considered Corporate Services Department report CRPS-08-183 (J. Sheryer), dated November 14, 2008. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 70 King St. E. (PIN 22316-0081 LT) to legalize the proposed projecting sign and metal support bracket which will encroach approximately 4', more or less, over the City's King St. E. road allowance." COUNCIL MINUTES NOVEMBER 24, 200$ - 336 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Committee of Adjustment Decisions -Various Council considered Corporate Services Department report CRPS-08-177 (D. Gilchrist), dated November 19, 2008. Sign Variance Applications SG 2008-003 (2088212 Ontario Inc. - 4326 King Street East) and SG 2008-007 (GPM Managed Investments Inc. - 4326 King Street East and 100 Sportsworld Drive), were dealt with under Delegations. It was resolved: "That the application of PBG Holdings Corporation (SG 2008-008 - 914 King Street West) requesting permission to erect a ground supported sign to have a height of 2.5 m (8.2') rather than the permitted 2m (6.56'), which will contain automatic changing copy but will only be located 38m (124.67') from the closest residential zone rather than the required 150m (492.12'), on Lot 299, Plan 385, 914 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the size of the automatic changing copy portion of this sign shall not change from that shown on the plans submitted with this application. 2. That the automatic changing copy portion of this sign shall be turned off at midnight each day. 3. That the applicant shall include the full municipal address on this sign; and further, That the application of PBG Holdings Corporation (SG 2008-008 - 914 King Street West) requesting permission to include only the street number of the property on this ground supported sign and not the full municipal address, on Lot 299, Plan 385, 914 King Street East, Kitchener, Ontario, BE REFUSED." 7. Omission on the 2009 Schedule of Fees and Charges Council considered Development and Technical Services Department report DTS-08- 199 (J. Willmer), dated November 19, 2008. It was resolved: "That the 2009 Schedule of Fees and Charges be amended to include a fee in the amount of $318. for Part Lot Control renewal by-laws."