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HomeMy WebLinkAboutCouncil - 2010-04-19COUNCIL MINUTES APRIL 19, 2010 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Taylor Jasztrab, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held March 22, 2010 and special meetings held March 22 and April 12, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Messrs. Allan Beaupre, Chair, and Jerry Van Ooteghem, President & CEO, Kitchener-Wilmot Hydro Inc. (KWHI) / Kitchener Power Corporation, attended to present their 2009 Annual Report. A summary document highlighting aspects of the Annual Report was previously circulated. Mr. Beaupre commented that 2009 was a challenging year, with moderate climate and economic downturn resulting in loss of several large commercial customers having an impact. Notwithstanding, the organization remains in good financial position and continues to provide good value to its shareholders. Mr. Beaupre advised that 2010 will be another challenging year as the Province seeks to resolve issues related to generating new electricity and the new Green Energy and Green Economy Act 2009 having impact to the way they do business. It was noted that the organization will move closer to managing all aspects of customer energy consumption, expand on demand management initiatives, complete smart meter installations, and introduce on-line time of use billing by 2011. Mr. Beaupre stated that the organization is well positioned to meet these challenges and continues to achieve a high ranking among local electrical distribution companies (LEDs). Mr. J. Van Ooteghem reviewed highlights of the annual report, noting an increase of 1.2% in customers served in 2009; a decrease in kw/hr sales of 5.2% reflective of a moderate climate, customer conservation efforts and general economic downturn in the commercial /manufacturing sector; controllable costs that remain among the lowest of the large utilities in comparison to the Provincial average, resulting in an expense to customer ratio of $145.69 (a 2.4% decrease over 2008 and the lowest since 2005); a net income of $4.67M in 2009 representing 2.6% of total revenue and an effective decrease of $0.5M from 2008, primarily attributed to higher payments in lieu of corporate income tax resulting from increased provisions for future taxes; a return on shareholders equity of 4.7% ($99.3M), with $2.1 M paid in dividends; working funds of $38.4M remain at a healthy level to support financial obligations; and payments-in-lieu of $3.2M paid to the Ontario Electricity Financial Corp to pay down the stranded debt of former Ontario Hydro ($26.5M paid to date). Statistics on customer service reliability were provided, demonstrating the average length of time without power and the average number of interruptions per customer; and customer service quality performance indicators exceeded the Ontario Energy Board's minimum standard guidelines in all but one of 11 categories. KWHI continues to support the Ministry of Energy and Infrastructure's commitment to create a culture of conservation, participating in delivery of all Ontario Power Authority's CDM programs and through its own community initiatives. Mr. Van Ooteghem concluded that KWHI remains in a good financial position, continuing to re-invest in its capital infrastructure and providing excellent service to its customers within the lowest residential rates among the large utilities in the Province. Mr. Beaupre then presented a dividend cheque to Dan Chapman, City Treasurer, in the amount of $1.75M, as well as a cheque for the 2009 Reforestation Grant of $40,000., representing KWHI's commitment to replenish trees removed as a result of maintenance of its hydro lines. Councillor J. Gazzola requested clarification of the increase in regulatory costs and was advised that a substantial portion can be attributed to smart meter installations. Councillor Gazzola also requested clarification of the decrease in retained earnings and was advised that this is attributed to a change in accounting practice for payments in lieu of corporate income tax resulting from increased provisions for future taxes. Councillor Gazzola inquired as to the impact to consumers of the introduction of new taxes and proposed rate increases. Mr. J. Van Ooteghem responded that an increase of more than 10% is likely given the HST alone will result in an automatic 8% increase commencing in July. It was also noted that the Province has recently announced an 8% rate increase in the commodity charge and KWHI has applied for a rate increase. Councillor Gazzola inquired if the time of use billing will add to costs and Mr. Van Ooteghem responded this would be a possibility; however, customers would have some choices in respect to reducing their energy usage to off-set time of use billing. COUNCIL MINUTES APRIL 19, 2010 - 89 - CITY OF KITCHENER Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor B. Vrbanovic inquired if the City is including a clause in its contracts that are subject to stimulus funding to provide that the contractor will be liable to pay the 2/3 Federal /Provincial share if a project is not completed by the program deadline. Mr. D. Chapman responded that the City has done so on a selected basis wherein there is a concern related to the project timelines. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T10-012, Restoration of the Betzner Barn Foundation be awarded to Collaborative Structures Ltd, Cambridge at their tendered price of $270,050., plus G.S.T. of $13,502.50 for a total of $283,552.50." - and - "That Tender T10-015, Wellington Street (Weber St. W. to Margaret Avenue) Road Reconstruction be awarded to PCN Construction Group Inc., London, Ontario at their tendered price of $1,654,072.20., including provisional items and contingency of $189,540.88., plus G.S.T. of $82,703.61, for a total of $1,736,775.81; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T10-011, Brubacher Street (Lancaster St. E. to Simeon St.) Road Reconstruction, be awarded to Regional Sewer and Watermain Ltd., Cambridge at their corrected tendered price of $1,438,919.42, including provisional items and contingencies of $128,885.70., plus G.S.T. of 71,945.97 for a total of $1,510,865.39; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T10-008, Polyethylene Pipe & Related Fittings for Natural Gas Distribution, be awarded to Sandale Utility Products, Brantford, Ontario, at their adjusted tender price of $55,503.44, plus G.S.T. of $2,775.17 and P.S.T. of $4,440.28, for a total of $62,718.89 with an option to renew for three (3) additional twelve (12) month terms, subject to mutual agreement." - and - "That Tender T10-007, Desktop Computers, be awarded to Amsdell Inc., Richmond Hill, Ontario at their tendered price of $74,750. plus G.S.T. of $3,737.50 and P.S.T. of $5,980., for a total of $84,467.50, plus optional hardware upgrades of $6,000., plus G.S.T. of $300. and P.S.T. of $480. for a total of $6,780.; and, That a contingency purchase of up to eighty (80) additional computers including options at the tendered unit price be authorized, if required; and further, That this contract has the option to renew for three additional one-year periods, subject to mutual agreement." - and - "That Tender T10-021, Ready Mix Concrete, be awarded to Hargest Concrete Ltd., Kitchener at their tendered price of $185,658.50, plus G.S.T. of $9,282.93 and P.S.T. of $14,852.68 for a total of $209,794.11; and further, That the award shall also carry an option to renew the agreement for up to three (3) additional twelve (12) month terms, subject to mutual agreement." COUNCIL MINUTES APRIL 19, 2010 - 90 - CITY OF KITCHENER - and - "That Tender T10-019, Maintenance Shed Construction and New Electrical Service & Parking Lot Lighting - Doon Valley Golf Course be awarded to Frey Brothers Limited O/A Frey Building Contractors at their tendered price of $211,000. plus G.S.T. of $10,550. for a total of $221, 550." - and - "That Tender P09-116 Splash Pad -McLennan Park be awarded to ABC Recreation Ltd., Paris at their proposed price of $333,136.35, plus G.S.T. of $16,656.82 and a contingency of $25,000. for a total of $374,793.17." Carried. Mr. P. Puopolo, Polocorp Inc., attended in regard to Clause 13 of the Development & Technical Services Committee report, dealing with aCity-initiated zoning amendment for the Queen Street South Mixed Use Corridor. Mr. Puopolo requested an amendment to sub-clause c) to provide that parking be permitted along the south-westerly boundary of the property at 399-411 Queen Street South and the north-easterly boundary of 379-389 Queen Street South, as outlined in his correspondence circulated this date. Mr. Puopolo advised that he is proposing to include 7 parking spaces to meet parking requirements for the residential development at 399-411 Queen Street South (Barra Castle). He stated that the parking will be to the side of the property and no parking is proposed at the front of the building to maintain the streetscape and street view. Mr. Puopolo added that the second part of the amendment asks that the status of existing parking on 379-389 Queen Street South be changed from legal non-conforming to legal conforming. Mr. A. Pinard, Interim Director of Planning, advised that staff having just received this information, is not inclined to support the proposed parking at the front side yard to the building. He noted that exclusion of parking from in front of buildings is a hard and fast rule of the Mixed Use Corridor land use designation and is built into all design briefs; wherein, mixed uses that support transit and are pedestrian oriented are encouraged and any parking is to be at the rear of buildings. Mayor C. Zehr requested clarification as to what the parking requirement is for the Barra Castle property. Mr. Pinard stated that he believed the additional parking requested in front of the building is in excess of the zoning requirements. Mr. Puopolo advised that there is to be an underground parking garage on the site with 37 spaces proposed; however, as a result of pre-consultation discussions there may be impact to the layout that could result in loss of 2-3 spaces. This would then affect the number of spaces to meet zoning requirements for the residential building but with the 7 additional spaces proposed will come close. Councillor B. Vrbanovic commented on properties fronting Queen Street that have parking fronting the street, including the adjacent property and questioned the rationale for staff not to support this request. Mr. Pinard advised that the parking on the adjacent property is already established and will be allowed to continue but it is staff's goal not to perpetuate this kind of parking. Councillor Vrbanovic inquired as to what alternatives the property owner has in regard to parking if this request is not approved. Mr. Pinard advised that Planning staff have advised him that there will be sufficient parking in the garage structure, the plans of which are now being reviewed. The existing adjacent parking is currently legal non-conforming and would continue until such time as a redevelopment scheme is brought forward that would either create structured parking or there is enough transportation modes in place to negate the need for the parking spaces. Councillor Vrbanovic commented that what is proposed appears to fit within the balance of the neighbourhood and he did not understand staff's position with respect to the request. Mr. J. Willmer, Interim General Manager, Development & Technical Services, suggested that given staff has only received the request this date and pre-consultation is in progress that this particular issue could be deferred and the remainder of the Mixed Use Corridor zoning amendment be approved to go forward. Mr. P. Puopolo suggested that staff have been involved in the plans for this site since year end 2009 from which time they have been aware of the site plan. He stated that it has always been his position that parking would be in the front side yard and he was not supportive of a deferral, raising concerns of timing and the process becoming too onerous. COUNCIL MINUTES APRIL 19, 2010 - 91 - CITY OF KITCHENER Mayor Zehr requested clarification of staff in terms of receipt of the site plan. Mr. Pinard advised that a pre-consultation meeting was held wherein an initial concept was submitted and which has been circulated for agency comments. The application has not yet moved on to the next step of "approval in principle" pending review of agency comments and any issues being addressed as a result of the comments. Councillor J. Gazzola inquired as to why this matter was not discussed at the Development & Technical Services Committee meeting the previous week and noted that at that time, an issue was raised in respect to the skyline /height of the buildings. Mr. Pinard advised that Mr. Puopolo had asked to allow additional height to the building structure and the Committee approved his request which is included in Clause 13 of the Development & Technical Services Committee report. He added that staff was asked to apprise area residents of that change which has been done and one delegation from the neighbourhood was in attendance to speak to the matter. In respect to the parking, Mr. Pinard advised that staff was unaware of the issue raised by Mr. Puopolo until this date. Mr. Phil Gorman, resident of Mitchell Street, attended in opposition to the proposed height increase from 4 storeys to 7 on the Barra Castle site. He acknowledged that Mr. Puopolo had originally advised him that he would be requesting 6 storeys and at that time, he was not opposed. The height is now, however, proposed at 7 storeys and in addition, he also did not understand the issue around the parking. He pointed out that the side yard of the site, which abuts his rear yard, is proposed at O.Om and he was opposed to the obstructive view the 7-storey height would create. He proposed that if it is necessary to keep the structure, that photographs be taken and the physical structure moved / rebuilt forward from its present location. Mr. Pinard stated that staff had included a step back for rear yards, not side yards, but as Mitchell Street is part of a Heritage Conservation District (HCD) there would be opportunity to look at Mr. Gorman's situation as part of the Heritage Impact Assessment (HIA) required for redevelopment on Queen Street. The abutting properties to the rear on Benton Street are outside the HCD and therefore, there is no opportunity to consider them as part of the HIA and is the reason staff included a step back in the rear yard. Mr. Puopolo advised that the HIA for this site was approved by Council and maintains the structure in its present location. He stated that to move the structure forward would not be a viable option and could not be done in its current state. He pointed out that he had made known to Mr. Gorman that an existing block wall (4 to 5 ft high) would be replaced and in his opinion, the extent of the parking garage, with residential units on top, would not change the view from Mr. Gorman's property. He added that the development plans show no shadowing on Mr. Gorman's property who will have full sun in his backyard. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 13 of the Development & Technical Services Committee report of this date was brought forward for consideration, to approve aCity-initiated zoning amendment relative to the Queen Street Mixed Use Corridor, save and except Section 517 dealing specifically with 399-411 and 379-389 Queen Street South, which is to be repealed and replaced as outlined in Clause 13 of the report. On motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, the proposed amendment by Mr. P. Puopolo was brought forward for consideration to provide that sub-clause c) of Section 517 of Clause 13 of the report be replaced with the following wording: "parking will be permitted along the south-westerly boundary of the property to permit parking spaces for 399-411 Queen Street South and the north-easterly boundary of 379-389 Queen Street South". Councillor B. Vrbanovic expressed the opinion the proposed front side yard parking complements the overall design and function of the buildings. Councillor G. Lorentz added that he could support the proposed parking with landscaping given there are a number of other like situations along Queen Street. Councillor J. Gazzola questioned the impact of the second part of the amendment to change the status of parking on 379-389 Queen Street South from legal non-conforming to legal conforming. Mr. J. Willmer stated that while this sets some precedent, staff will make every effort to distinguish this from other redevelopment on Queen Street based on the heritage aspects and other distinguishing elements of this site. COUNCIL MINUTES APRIL 19, 2010 - 92 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Clause 13 of the Development & Technical Services Committee report of this date be amended by deleting the wording of sub-clause c) of section 517 in its entirety and replacing it with the following wording: 'parking will be permitted along the south-westerly boundary of the property to permit parking spaces for 399-411 Queen Street South and the north-easterly boundary of 379-389 Queen Street South'." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 13 of the Development & Technical Services Committee report of this date, as amended, be adopted." Carried Unanimously. Mr. Brandon Flewwelling, GSP Group, attended in support of Clause 12 of the Development & Technical Services Committee report of this date, dealing with applications for an Official Plan Amendment and Zoning Amendment for 15 Michael Street. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 12 of the Development & Technical Services Committee report of this date be adopted." Carried. Mr. Chris Thompson, resident, attended in regard to Clause 6 of the Community Services Committee report of this date, dealing with design and construction of community trails in the Doon South Community. Mr. Thompson circulated a written submission this date, outlining a proposed amendment to Clause 6 of the report to add the following at the end of the clause: "with the exception of the portion of trail proposed from Doon Mills Road south to Pine Valley Drive (along the rear of lot Nos. 51 through to 123 fronting Pine Valley Drive); the approval of this section of trail be deferred pending completion of the updated Environmental Implementation Report (EIR). The updated EIR is to evaluate alternative trail alignments with respect to impacts to existing environmental features and updated GRCA and Provincial Policy Statements." Mr. Thompson advised that a number of area residents had attended an Open House and while they support trails in general, they were opposed to this trail design. He noted that Ward Councillor K. Galloway had visited the section of trail in question and had taken photographs of the area. He pointed out that his correspondence includes illustrations of 2 alternative alignments intended to minimize impact to the environmental features while allowing the trail to link through the Doon South Community. He added that there is concern of potential damage to a privately owned retaining wall on one of the properties abutting the proposed trail design. Councillor K. Galloway requested clarification of the portion of trail design of most concern to the delegation and Mr. Thompson advised that they were primarily concerned with the section of trail running behind the homes fronting on Pine Valley Drive. Councillor J. Gazzola noted that the trail design requires approval by the Grand River Conservation Authority (GRCA), who has responsibility for protection of environmental features. Mayor C. Zehr added that the proposed elevated walkway does not appear to require a lot of excavation and therefore, suggested disturbance to the retaining wall is unlikely. Mr. Thompson acknowledged that GRCA approval is required; however, their approval would not provide for any further consultation on this section of trail. On motion by Councillor G. Lorentz, seconded by Councillor K. Galloway, Clause 6 of the Community Services Committee report of this date was brought forward for consideration to permit staff to COUNCIL MINUTES APRIL 19, 2010 - 93 - CITY OF KITCHENER proceed with the detailed design and construction of community trails as outlined on the "boon South Community Trails, Existing and Proposed Trails" map. Councillor K. Galloway commented that while she supports expansion of the City's trail systems she was not convinced the proposed site is a good location. Having viewed the area, it was her opinion it would be difficult to construct the proposed elevated walkway in this location. She questioned if there are other examples in the City of trails that revert from a constructed trail back to a nature trail. Mr. Pinard advised that there are broken trails in other areas where a portion of the trail is along a sidewalk and then enters back into a natural area. Councillor Galloway inquired if the cost differential is significant and Mr. Pinard advised that a granular trail is initially more costly to construct whereas, maintenance costs would be higher with a built walkway. Councillor Galloway inquired if staff has had regard to GRCA and Provincial policies relative to the natural features of this site. Mr. D. Ritz, Supervisor, Design and Development, stated that staff is familiar with policies associated with natural areas; however, he noted that designs are considered in relationship to these policies on a case-by-case basis. Mr. Ritz also commented that the retaining wall in question has been photographed for inventory purposes and in the event of any damage would be fully repaired. He added that the process of design and construction cannot go forward without GRCA approval and on approval, the project would be tendered and area residents notified of the timing of construction. On motion by Councillor K. Galloway, seconded by Councillor B. Vrbanovic, the proposed amendment of Mr. C. Thompson was brought forward for consideration to provide that the section of trail running behind the homes fronting on Pine Valley Drive be deferred pending completion of an updated Environmental Implementation Report (EIR) to allow alternatives to be considered in regard to minimizing the impact to existing environmental features. Councillor K. Galloway encouraged members of Council to view the area in question expressing the opinion it was not topographically suitable for the proposed trail link. She added that the proposed amendment would allow opportunity for alternatives to be considered. Councillor G. Lorentz raised concerns as to the purpose of the amendment given GRCA approval is required for the trail design, suggesting further clarification is needed. Mayor C. Zehr noted that the amendment provides for approval of the section of trail in question to be deferred which suggests to him that it would come back to Council for further consideration. Councillor Lorentz questioned the impact of deferral in regard to the timeline for this project. Mr. Ritz pointed out that to do an additional EIR as proposed would take approximately 1 year; whereas, the design and construction process would be completed in several months. He raised concerns that the City is being requested to undertake an additional EIR given the GRCA is the approval authority and is in place to provide the necessary checks and balances. Mayor Zehr inquired as to the feasibility of proceeding with the remainder of trail in the absence of the section in question. Mr. Ritz advised that this would be dependent on its overall impact to the trail design. Councillor J. Gazzola stated that he would not support the amendment, as staff has clearly outlined what is required and an approval process is in place to ensure proper process is followed. Councillor B. Vrbanovic expressed the opinion that it is not intended to undertake another EIR; rather that the remainder of trail proceed and the particular section in question be brought back for further consideration following the GRCA's review of the proposed alternatives. He suggested that the wording of the amendment needs to be clarified to reflect same. Mr. Ritz pointed out that the alternative alignments can be looked at as part of the design process which involves review by the GRCA. Councillor K. Galloway put forward revised wording for her motion to amend Clause 6 to provide that the following be added at the end of the clause: "with the exception that the approval of the section of trail proposed from Doon Mills Road south to Pine Valley Drive, along the rear of lot Nos. 51 through to 123 fronting Pine Valley Drive, be deferred pending the review by all approval bodies, including the Grand River Conservation Authority, and through this review alternatives for this section of trail be looked at as part of the approval process." Councillors G. Lorentz and J. Gazzola spoke in opposition to the amendment, suggesting it is unnecessary as the Committee's recommendation already provides appropriate protection. COUNCIL MINUTES APRIL 19, 2010 - 94 - CITY OF KITCHENER Councillor B. Vrbanovic stated that the proposed amendment would not unduly delay the project as the agency approvals will take several months and provides opportunity for the concerns of area residents to be addressed. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That Clause 6 of the Community Services Committee report of this date be amended to provide that the following wording be added to the end of the clause: with the exception that the approval of the section of trail proposed from Doon Mills Road south to Pine Valley Drive, along the rear of lot Nos. 51 through to 123 fronting Pine Valley Drive, be deferred pending the review by all approval bodies, including the Grand River Conservation Authority, and through this review alternatives for this section of trail be looked at as part of the approval process." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors K. Galloway, B. Vrbanovic and C. Weylie. Contra: Councillors J. Gazzola, G. Lorentz and J. Smola Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Clause 6 of the Community Services Committee report of this date, as amended, be adopted." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors G. Lorentz, K. Galloway, B. Vrbanovic and C. Weylie. Contra: Councillors J. Gazzola and J. Smola Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." At the request of Councillor K. Galloway, it was agreed that staff be directed to report to a future Development & Technical Services Committee meeting on the status of road improvements for that portion of Tilt Drive between Robert Ferrie Drive and Stauffer Drive. The Development & Technical Services Committee report was then voted on clause by clause. Clause 12 - Dealt with under Delegations and Carried. Clause 13 - Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." COUNCIL MINUTES APRIL 19, 2010 - 95 - CITY OF KITCHENER Voted on clause by clause. Clause 6 - Dealt with under Delegations and Carried, as Amended, on a recorded vote. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Finance and Corporate Services Committee be adopted." Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. At the request of Councillor G. Lorentz, Mayor C. Zehr agreed to forward congratulatory letters to Keith Baulk, Director of Enterprise and Kim Kugler, Manager of The AUD & Community Arenas, in acknowledgement of Mr. Baulk's work with the Vancouver Olympic Committee and Ms. Kugler's coverage as Interim Director in his absence. Councillor J. Gazzola requested an update on the status of construction of a walkway between Cedarhill Crescent and Strasburg Road. Mr. J. Willmer, Interim General Manager, Development & Technical Services, advised that the walkway is included in the 10-year capital program and is currently undergoing the design phase, with the tender process to be undertaken in June and completion of the walkway anticipated by the end of July 2010. Councillor J. Gazzola referred to recent announcements by the Provincial Government to impose wage freezes on its public servants. He acknowledged that no specific direction was given in respect to similar action to be taken by municipalities and inquired what, if anything is being discussed at the City in this regard. Ms. C. Ladd, CAO, advised that no discussion on this subject matter has taken place since last discussed during the 2010 budget deliberations. She noted that Council chose at that time not proceed with a wage freeze and pointed out that the City is bound by Collective Agreements that would not permit a wage freeze without Provincial legislation in place to support same. She added that discussion was held this past summer by the Large Urban Mayors Caucus of Ontario (LUMCO) and a wage freeze was also not supported by this group. Ms. Ladd stated that unless the issue is again raised formally to either LUMCO or the area CAO group it would not be staff's position to proceed any differently at this time. Councillor J. Gazzola reiterated that there has been substantive talk at the Provincial level in respect to municipalities dealing with wage freezes on their own and it was his understanding the local Hospital Board is also taking action. He suggested that the municipal public sector has not been as involved in mitigating this recession as could be the case and a wage freeze should be looked at. Mayor Zehr commented that it was his understanding the Provincial wage freeze would not take effect for a period of 2 years. Councillor B. Vrbanovic agreed that given the Provincial initiative the issue of a wage freeze should be looked at but in the context of the next round of budget deliberations. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That the feasibility of imposing a wage freeze on municipal employee remuneration be referred to staff for consideration during the 2011 budget process." Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add five additional by-laws for three readings this date, including: Official Plan Amendment and Zoning Amending by-laws (15 Michael Street - ZC 08/01/D/KA), and Zoning Amending by-law (Queen Street South Mixed Use Corridor - COUNCIL MINUTES APRIL 19, 2010 - 96 - CITY OF KITCHENER ZC 09/05/COK/HH), relative to Clauses 12 and 13, respectively, of the Development & Technical Services Committee report; and by-laws to amend c.712 (Cross-Bows -Long-Bows) and c.270 (Parks) of the Municipal Code, relative to clauses 2 and 3 of the Finance & Corporate Services Committee report. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "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) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d) 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. (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (f) Being a by-law to exempt certain lands from Part Lot Control -Blocks 3, 7 and 10, Registered Plan 58M-367 -Zeller Drive. (g) Being a by-law to exempt certain lands from Part Lot Control -Block 74, Registered Plan 1623 -Highland Crescent. (h) Being a by-law to exempt certain lands from Part Lot Control -lot 22, Registered Plan 58M-474 - Countrystone Drive. (i) Being a by-law to exempt certain lands from Part Lot Control -Blocks 4 to 7 inclusive, Registered Plan 58M-443 -Brookfield Crescent. (j) To confirm all actions and proceedings of the Council. (k) Being a by-law to adopt Amendment No. 84 to the Official Plan. (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Ukrainian Catholic Corporation of Eastern Canada -15 Michael 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 -City of Kitchener. (n) Being a by-law to amend Chapter 712 of the City of Kitchener Municipal Code with respect to Cross-Bows -Long-Bows. (o) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code with respect to Parks. 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES APRIL 19, 2010 - 97 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "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. Council subsequently gave first and second reading to by-laws relative to Item B.7 of the Committee of the Whole, (shown as Items (p), (q), (r) and (s) below), to authorize entering and execution of a covenant related to the conservation of property of cultural heritage value or interest; and to designate certain properties or parts thereof, as having historic or cultural heritage value or interest. Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That the by-laws be given 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. (By-law No. 2010-060) (b) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2010-061) (c) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2010-062) (d) 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. (By-law No. 2010-063) (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (By-law No. 2010-064) (f) Being a by-law to exempt certain lands from Part Lot Control -Blocks 3, 7 and 10, Registered Plan 58M-367 -Zeller Drive. (By-law No. 2010-065) (g) Being a by-law to exempt certain lands from Part Lot Control -Block 74, Registered Plan 1623 -Highland Crescent. (By-law No. 2010-066) (h) Being a by-law to exempt certain lands from Part Lot Control -lot 22, Registered Plan 58M-474 - Countrystone Drive. (By-law No. 2010-067) COUNCIL MINUTES APRIL 19, 2010 - 98 - CITY OF KITCHENER (i) Being a by-law to exempt certain lands from Part Lot Control -Blocks 4 to 7 inclusive, Registered Plan 58M-443 -Brookfield Crescent. (By-law No. 2010-068) (j) To confirm all actions and proceedings of the Council. (By-law No. 2010-069) (k) Being a by-law to adopt Amendment No. 84 to the Official Plan. (By-law No. 2010-070) (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Ukrainian Catholic Corporation of Eastern Canada -15 Michael Street. (By-law No. 2010-071) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener. (By-law No. 2010-072) (n) Being a by-law to amend Chapter 712 of the City of Kitchener Municipal Code with respect to Cross-Bows -Long-Bows. (By-law No. 2010-073) (o) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code with respect to Parks. (By-law No. 2010-074) (p) Being a by-law to authorize the entering and execution of a covenant related to the conservation of property of cultural heritage value or interest. (By-law No. 2010-075) (q) Being a by-law to designate part of the property municipally known as 501-545 Morrison Road (formerly known as 787-811 Morrison Road and commonly referred to as the Sims Estate, Chicopee), in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law No. 2010-076) (r) Being a by-law to designate the property municipal known as 10 Sims Estate Place (formerly known as 787-811 Morrison Road and commonly referred to as the Sims Estate, Chicopee), in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law No. 2010-077) (s) Being a by-law to designate part of the property municipally known as 501-545 Morrison Road (formerly known as 787-811 Morrison Road and commonly referred to as the Sims Estate, Chicopee), in the City of Kitchener as being of historic and cultural heritage value or interest. (By-law No. 2010-078) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. COUNCIL MINUTES APRIL 19, 2010 - 99 - CITY OF KITCHENER On motion, the meeting adjourned at 9:15 p. m. MAYOR CLERK COUNCIL MINUTES APRIL 19, 2010 - 100 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the existing traffic calming measures on Chandler Drive between Strasburg Road and Mowat Boulevard, consisting of two (2) speed humps, a raised crosswalk, and a road narrowing, remain in place. 2. That the Uniform Traffic By-law be amended to prohibit: eastbound left turns from King Street West onto Water Street, Monday to Saturday from 6:00 a. m. to 11:00 p. m.; westbound left turns from King Street West onto Water Street, Monday to Saturday from 6:00 a. m. to 11:00 p. m.; and, eastbound left turns from King Street West onto Queen Street from 6:00 a. m. to 11:00 p. m. 3. That the Director of Engineering be authorized to execute an agreement satisfactory to the City Solicitor permitting the operation of crane(s) over City land in connection with the construction of the Provincial Courthouse; and further, That the Director of Engineering be authorized to execute future agreements satisfactory to the City Solicitor permitting the installation or operation of crane(s) on or over City land. 4. That the Uniform Traffic By-law be amended to allow the installation of an all-way stop at the intersection of Pioneer Drive at Green Valley Drive. 5. That the information contained in Development & Technical Services Department report DTS- 10-071 be received for information purposes; and further, That the "Ride The Region" motorcycle ride be endorsed as an additional event to Public Works Week. 6. That Demolition Control Application DC10/01/H/ATP requesting the demolition of a single detached dwelling municipally addressed as 1070 Hidden Valley Road, owned by David Dirksen, legally described as being Lot 3, Registrar's Compiled Plan No. 1519, be approved subject to the following conditions: 1) That the owner obtains a building permit for the proposed residential unit; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. That Demolition Control Application DC10/02/C/ATP requesting the removal of one residential unit in an existing multiple dwelling located at 159 Church Street., owned by Mike Flynn, legally described as Part Lot 14, Plan 395, be approved without conditions. That the City of Kitchener Engineering Services 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 King Street Reconstruction project in the City of Kitchener, between the hours of 7:00 p. m. and 7:00 a. m. for the period April 5, 2010 to November 1, 2010. COUNCIL MINUTES APRIL 19, 2010 - 101 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) That the closure of a portion of Tilt Drive, from Apple Ridge Drive to Robert Ferrie Drive, be approved in principle, and Legal Services be instructed to obtain a reference plan and proceed with the preparation and advertising of a by-law to close that part of Tilt Drive, to permanently prohibit all motor vehicle traffic from using that part of the public highway known as Tilt Drive, subject to the following condition: That the portion of Tilt Drive to be closed, described as Part Lot 5, Biehn's Tract, City of Kitchener, to be further described on a Reference Plan to be prepared, be declared surplus to the City's needs for the purpose of conveying any possible easements for the affected agencies; and further, That the Mayor and Clerk be authorized to execute all documentation, satisfactory to the City Solicitor, to close that portion of Tilt Drive and convey any necessary easements over the portion of road as required. 10. That Box 690 Fire Department Canteen Association be approved as an affiliated organization with the Corporation of the City of Kitchener. 11. That pursuant to Section 51(31) ofthe Planning Act R.S.O. 1990, c.P.13, as amended, and By- law 2002-164 as amended, Condominium Application 30CDM-09208 for 6 Upper Mercer Street in the City of Kitchener, be granted draft approval, subject to the conditions contained in Development and Technical Services Department report DTS-10-053. 12. That Official Plan Amendment Application 09/05/M/KA for 15 Michael Street, requesting a change in designation from Neighbourhood Institutional with Special Policy 8 to Neighbourhood Institutional with Special Policy 8 and Special Policy 16 to permit a commercial parking facility be adopted in the form shown in the Official Plan Amendment attached to Development and Technical Services Department report DTS-10-037 and accordingly forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC08/01/D/KA for 15 Michael Street, requesting a change from Neighbourhood Institutional Zone (I-1) with Special Regulation Provisions 1R and 93R and Special Use Provision 83U to Neighbourhood Institutional Zone (I-1) with Special Regulation Provisions 1R and 93R and Special Use Provisions 83U and 399U be approved in the form shown in the "Proposed By-law" dated March 10, 2010, attached to Development and Technical Services Department report DTS-10-037. (Dealt with under Delegations and Carried) 13. That City-initiated Zone Change Application ZC 09/05/COK/HH being an amendment to Schedules 85 and 86 of Appendix A, Schedule 29 of Appendix B, sections 88, 147, 148, 397 and 401 of Appendix C, sections 112, 129, 163, 450, 460, 506, 507, 508, 509, 510, 511, 512, 513, 514, 516, 517, 518, 519 and 520 of Appendix D and sections 20 and 53 of Appendix F of By-Law Number 85-1 as they pertain to the Queen Street South Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed Use Corridor MU-1, MU-2 and MU-3 zones with and without site specific special provisions applying to these lands, be approved, in the form shown in the "Proposed By-Law" dated March 9, 2010 attached as Appendix A to Development & Technical Services Department report DTS-10-063; save and except that section 517of the "Proposed By-law" be removed and replaced with the following: "517. Notwithstanding Sections 6.1.1.1 a) v) and 53.2 of this By-law, within the lands shown as affected by this subsection on Schedule 85 of Appendix "A", the following special regulations apply: a) the minimum front yard setback shall be 21.0 metres; b) the maximum front yard setback shall be 27.5 metres; c) parking will be permitted along the southwesterly boundary of the property to permit parking spaces for 399-411 Queen Street South and the northeasterly boundary of 379- 389 Queen Street South; COUNCIL MINUTES APRIL 19, 2010 - 102 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 13. (Cont'd) d) the maximum building height shall be 19.5 metres for 399-411 Queen Street South and 24 metres for 379-389 Queen Street South; e) for the purpose of provisions (f) and (g) the rear lot line shall be defined as the southeasterly property lines shared by the properties municipally addressed as 156, 158, 164 and 166 and 170-172 Benton Street; f) the minimum rear yard setback for any building less than 4.5 metres in height shall be 1.4 metres; and g) the minimum rear yard setback for any building equal to or greater than 4.5 metres in height shall be 5.9 metres." (Dealt with under Delegations and Carried, as Amended) COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Michael Martz Enterprises for the provision of Golf Professional Services and other related matters for the City of Kitchener golf courses, as outlined in Community Services Department report CSD-10-027. 2. That the 2008 Festival of Neighbourhoods Capital Improvement Grant to the Chandler Mowat Neighbourhood Association be used for outdoor furnishings and community garden enhancements on the Chandler Mowat Community Centre property. 3. That in accordance with the May 17, 1999 Council resolution to construct and subsequently maintain sections of the Walter Bean Trail and trail access points within Kitchener, the final design for the Walter Bean Trail Pedestrian Bridge over the Grand River, be approved as outlined in Community Services Department report CSD-10-020; and, That staff proceed with inviting tendered bids for construction of the proposed pedestrian bridge and connecting Walter Bean Trail; and further, That a Trail Management Plan be implemented for the 2010 - 2011 winter season, including trail and bridge closure, as detailed in the Environmental Assessment (EA) Addendum Report 2005, with a report to be brought back to the Community Services Committee in spring 2011 summarizing the results of the trail monitoring and enforcement program, with recommendations for future winter closures of the trail and bridge. 4. That a Travel Assistance Grant in the amount of $1,000., be approved to the Heritage Green Blind Lawn Bowlers to assist with costs associated with attending the Blind Bowls Association of Canada Nationals in Winnipeg from July 20 to 28, 2010. 5. That the Downtown East, Ya Gotta Luv It project (DEYGLI) final report, be received as information. 6. That in accordance with the February 11, 1997 Council resolution approving the Doon South Greenspace Management Plan Community Trail Network, staff be directed to proceed with the detailed design and construction of community trails as outlined on the Doon South Community Trails, Existing and Proposed Trails map attached to Community Services Department report CSD-10-016, ensuring that such construction meets all Provincial and Federal environmental regulations for trail construction in and adjacent to Provincially Significant Wetlands, with the exception that the approval of the section of trail proposed from Doon Mills Road south to Pine Valley Drive, along the rear of lot Nos. 51 through to 123 fronting Pine Valley Drive, be deferred pending the review by all approval bodies, including the Grand River Conservation Authority, and through this review alternatives for this section of trail be looked at as part of the approval process. (Dealt with under Delegations and Carried, as amended, on a recorded vote) COUNCIL MINUTES APRIL 19, 2010 - 103 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - That the revised fees for City of Kitchener 2010 Utility Cuts (Roadway) for road cuts greater than 20 square meters in area (which were changed from $100.00 per square meter plus $74.00 fixed rate, plus $175.00 mobilization fee to $75.00 per square meter plus $175.00 mobilization fee) in the 2010 Schedule of Fees and Charges, be approved retroactive to January 1, 2010; and further, That the previously approved City of Kitchener 2010 Prime Time/League ice rate of $194.00 be corrected to $197.50 in the 2010 Schedule of Fees and Charges and be approved for the spring 2010 Prime Time/League rentals. 2. That a by-law be enacted to amend Chapter 712 (Cross-Bows -Long-Bows) of the City of Kitchener Municipal Code to replace Schedule A of that Chapter, as attached to Corporate Services Department report CRPS-10-013, relating to designated areas of the City where cross bow hunting is permitted. 3. That a by-law be enacted to amend Chapter 270 (Parks) of the City of Kitchener Municipal Code with regard to housekeeping amendments, as outlined in Corporate Services Department report CRPS-10-035. 4. That the request of the Country Hills Recreation Association to hold an outdoor garage sale at 100 Rittenhouse Road on June 5, 2010, be approved, provided the necessary licence is obtained. 5. That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park on Saturday, June 26 and Sunday, June 27, 2010, the period of June 26 to July 1, 2010 inclusive, be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a "Community Festival" within Kitchener; and further, That the KW Multicultural Festival Inc., be granted a Temporary Retail Market Licence, provided that the necessary licence, including Health and Fire approvals, is obtained. That the request of the Probation Officers Association of Ontario to sell refreshments at Kitchener City Hall Civic Square on May 6, 2010, be approved, provided the necessary licence, including Health and Fire approvals, is obtained. That the request of Doon Heritage Crossroads to invite 1 food vendor and approximately 5 merchandise vendors to operate at the Emergency Services Muster Games and Parade on May 29, 2010, at 10 Huron Road, be approved, providing the necessary licence, including Health and Fire approvals, are obtained; and further, That the reduced fee of $45.00 be applicable. That the request for the sale of food and/or merchandise on City property during various events being conducted from May to December 2010, listed on Schedule 'A' of Corporate Services Department report CRPS-10-041, be approved, provided the necessary licences are obtained, including Health and Fire approval; and, That the request for an exemption from Chapter 450 (Noise), for the events listed on Schedule 'B' of Corporate Services Department report CRPS-10-041, be granted; and further, That the request for permission to sell alcohol on City property for the events listed on Schedule 'C' of Corporate Services Department report CRPS-10-041, be granted and be declared "Community Festivals" for the purpose of applying for a liquor licence. That approval be granted to sports organizations that are holding tournaments, during the months May through November, 2010 and have received Field Rental Permits/Contracts from Community Services at the sports fields listed on Schedule 'A' attached to Corporate Services Department report CRPS-10-042; to run a concession which may include the sale of COUNCIL MINUTES APRIL 19, 2010 - 104 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) (Cont'd) hamburgers, hot dogs, pop, water, packaged foods, etc. as well as souvenirs, provided the necessary licence, including Health and Fire approvals is obtained. 10. That staff be authorized to pay Lakeside Performance Gas Services Ltd. a total of $47,828.90 for natural gas piping and meter set work completed in 2009. 11. That Azam Fouk Aladeh be appointed to Compass Kitchener Advisory Committee for a term to expire November 30, 2010. 12. That clause 4.1.1 of Council Policy I-535 (Combined Fapade /Interior Loan /Upper Storey Renovation Program) be amended to enable up to $175,000. in fapade grant funding for 2010, while reducing the amount for 2013 to $25,000., as outlined in Chief Administrator's Office report CAO-10-004; and further, That the remainder of report CAO-10-004 be received as information. 13. That the Chief Administrative Officer be authorized to approve the commencement of the prequalification process and approval of awards to the prequalified vendors for Infrastructure Stimulus Fund and Recreation Infrastructure Canada Fund projects in instances where scheduling the matter for the next Council meeting would result in undue project delay, and that a report regarding these awards be brought to Council at a future meeting; and further, That the Director, Supply Services be authorized to extend current consultant purchase orders for Infrastructure Stimulus Fund and Recreation Infrastructure Canada Fund projects to incorporate the costs of applications for various City building/planning approvals, which would normally be incurred directly by the City, including related construction management fees or the other administrative fees. 14. That the funding sources, identified in Table #2 of Community Services Department report CSD-10-024, be approved as the sources of: • the City of Kitchener's 1/3 of funding for the Recreational Infrastructure Canada Program Aquatic Facilities Upgrade projects - $990,000.; • the unfunded portion of the additional Parks and Trails approved on Budget Day, January 18, 2010 - $291,000.; and, • McLennan Park Splash Pad Water Recirculation System - $125,000. 15. That Council Policy I-227 (Enforcement - By-laws) be repealed and replaced with the revised policy, as attached to Corporate Services Department report CRPS-10-033; and further, That the property owners of 3 Trailwood Crescent, 271 Newbury Drive, 4 Burnaby Crescent and 1 Covington Crescent be refunded their respective Committee of Adjustment fence variance application fee; and that staff take no further action regarding the remaining 11 properties, as referenced in Corporate Services Department report CRPS-10-033, except where sight line visibility is a safety concern. 16. That Council Policy I-1205 (Outdoor Patios -Encroachment Agreement) be amended by deleting sections 2 and 3 in their entirety and replacing them with the following new sections: That all applicants wishing to operate an outdoor patio on City property must submit, for approval by the City's Finance and Corporate Services Committee or Council, a complete patio sketch plan and details of any proposed alternatives to fencing and that any subsequent changes to approved patio plans be subject to approval by the appropriate staff as determined by the City Solicitor. 2. That conditions be included in said agreement that: COUNCIL MINUTES APRIL 19, 2010 - 105 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 16. (Cont'd) (a) the patio encroachment agreement set out that patio furniture, signage, landscaping, including flower beds and planters within the patio, be to the satisfaction of the City's Manager of Downtown and Community Development. Placement of such items may be determined by patio operators from time to time provided any concerns of the Manager of Downtown and Community Development respecting placement be addressed to their satisfaction, necessary clearance is maintained around any siamese connections to the satisfaction of the City's Fire Department, occupancy load is not exceeded and at least 10% of seats remain accessible; and, (b) if patron behaviour is a problem, the licensee is responsible for hiring the necessary security personnel. 17. That the Mayor and Clerk be authorized to execute Encroachment Agreements satisfactory to the City Solicitor, with the owner(s) or operator(s) of Matter of Taste located at 119 King Street West, Taste of Philly Cheese Steak located at 98 King Street West, The Museum Cafe located at 10 King Street West, Cafe Maestro located at 24 King Street East, Coffee Culture located at 1 King Street West, and New York Pita located at 82 King Street West for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties and such use to terminate no later than October 31, 2010 or such later date as approved by the Director of Operations; and further, That subject to compliance with the provisions of Council Policy I-1205 (Outdoor Patios - Encroachment Agreement), planters and plants be approved as alternatives to fencing on downtown patios. HERITAGE KITCHENER - That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2010-IV-002, be approved to permit the construction of a new 3-1/2 storey 18-unit multiple residential building on the property municipally addressed as 25 Joseph Street, in accordance with the plans dated March 9, 2010 and exterior material specifications dated March 2, 2010 and March 5, 2010 prepared by Robertson Simmons Architects Inc. and forming part of the application. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2010-IV-005 (811 Bleams Road), be approved to permit the construction of a washroom facility in accordance with the plans submitted with the application. That Council Policy I-110 (Heritage Kitchener -Terms of Reference) be repealed and replaced with the revised Policy I-110 dated March 2010, as amended at the April 6, 2010 Heritage Kitchener meeting. COUNCIL MINUTES APRIL 19, 2010 - 106 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. CAO-10-014 -Compass Kitchener -Appointment Dealt with under Reports of Committees (Clause 11 of the Finance and Corporate Services Committee report). 3. CAO-10-016 -Listing Agreement - 83 Elmsdale Drive Council considered Chief Administrator's Office report CAO-10-016 (H. Gross), dated April 1, 2010. Councillor J. Gazzola noted that staff has said there is a lot of interest from prospective buyers and questioned the need for realtor services, suggesting the sale could be completed in-house. Ms. P. Houston, General Manager of Community Services, responded that realtor service is proposed in order to obtain expert advice in developing an extensive Terms of Reference for the sale of the property; and to take advantage of a realtor's contacts to ensure the City obtains the best price and the best solution for development of the property. It was noted that the standard contract fee for realtor services is approximately 4% of the selling price. It was resolved: "That the Mayor and Clerk be authorized to execute the Listing Agreement with the City's Real Estate Service Provider, Coldwell Banker Peter Benninger Realty, for the purposes of selling 83 Elmsdale Drive with said Agreement to be to the satisfaction of the City Solicitor." 4. CRPS-10-045 -Request to Operate Hot Dog Cart - 273 Stoke Dr / 112 Wexford Crescent Council considered Corporate Services Department report CRPS-10-045 (R. Gosse), dated April 13, 2010. In regard to this item and Item B.5 of this agenda, Councillor G. Lorentz raised concerns that the subject entrepreneurs not be subsidized in any way as they are operating for their own profit rather than for charitable purposes. He questioned if they are required to pay full cost of applicable licensing fees and Mr. R. Gosse, City Clerk, advised that they do pay the full fee of approximately $50. It was resolved: "That the request of Les Halat to operate two hot dog carts at 273 Stoke Drive and 112 Wexford Crescent during the annual Community Garage Sale on May 1, 2010, be approved, provided the necessary licence is obtained including Health and Fire approvals." COUNCIL MINUTES APRIL 19, 2010 - 107 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. CRPS-10-046 -Request to Operate Hot Dog Cart - 106 Stoke Dr Council considered Corporate Services Department report CRPS-10-046 (R. Gosse), dated April 13, 2010. It was resolved: "That the request of Zbigniew Wilk to operate a hot dog cart at 106 Stoke Drive during the annual Community Garage Sale on May 1, 2010, be approved, provided the necessary licence is obtained including Health & Fire approvals." 6. CRPS-10-047 -Request to Sell Refreshments -19 Trelawney St Council considered Corporate Services Department report CRPS-10-047 (R. Gosse), dated April 13, 2010. It was resolved: "That the request of the Woolwich Whitehawks Under 16 Girl's Soccer Team to sell refreshments at 19 Trelawney Street during the Beechwood Forest Community Garage Sale on May 1, 2010, be approved, provided the necessary licence is obtained including Health approval." 7. By-law Authorizing the Entering & Execution of a Covenant -Former Sims Estate Residence and Garden Structures Council considered Development & Technical Services Department report DTS-10-079 (A. Pinard), dated April 12, 2010. It was resolved: "That the entering and execution of a covenant relating to the conservation of the former Sims Estate residence and garden structures located on property municipally known as 501-545 Morrison Road, be approved; and further, That a by-law in the form attached as Appendix "A" to Development and Technical Services Department Report DTS-10-079, dated April 12, 2010, be taken as read a first and second time and be recommended for enactment."