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HomeMy WebLinkAboutCouncil - 2010-09-07COUNCIL MINUTES SEPTEMBER 7, 2010 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "O Canada" by Crystal Dorscht, King School of Vocal. On motion by Councillor K. Galloway, the minutes of the regular meeting held June 28, 2010 and special meetings held June 28, August 5, 12 and 23, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE — NIL Ms. Cheryl York, Co- ordinator, Arts and Culture, presented the winning entries for the City's first Student Video Competition. The 11 entries received were reviewed by a panel composed of staff and members of the Public Art Working Group, with 2 entries chosen from a shortlist of 7, to be awarded as the winner in 2 categories representing High School Students and Post - Secondary Students. Ms. York advised that the winning entries will be displayed on the CUBE on top of the Berlin Tower each evening during the month of September. Following viewing of the winning videos by Jamey Sinanan, "Loss" (High School Student category) and Kristina Foster, "Explosive" (Post- Secondary Student category), Mayor C. Zehr presented an award to Kristina Foster who was in attendance and extended congratulations to both winning entrants. Mr. Jordon Hofstetter, resident of Hofstetter Avenue, attended to raise concerns regarding a noise exemption granted to the Ministry of Transportation (MTO) for ongoing night time construction taking place on Highway 8. Mr. Hofstetter advised that the associated noise has resulted in loss of sleep and distress to his family. To date, he has not been able to satisfy his concerns with the MTO, who he alleged have failed to give proper notification of night time construction schedules, have denied a request for compensation of a hotel bill and have instructed him to convey complaints directly to the project consulting engineer. Mr. Hofstetter commented that topographically it is difficult to gather neighbourhood support through a petition but he was aware that the MTO has received other similar complaints from within the affected area. He asked that the MTO be requested to dispense with continuous night time construction, be required to give proper noise warnings to area residents and be required to notify all residents within 1,000 feet prior to construction, to provide greater accountability. He suggested that the MTO could reduce night time construction hours to half or stagger such occurrences as a compromise and the City should impose stricter guidelines on noise exemptions for this kind of construction. Mr. Hofstetter noted that this project was to be completed by 2011; however, indication has been given it will not be completed now until 2012 and he was opposed to a further extension of the noise exemption to accommodate an additional year of construction work. Councillor B. Vrbanovic advised that he and staff met with MTO representatives and the consulting engineer in July to discuss these concerns and were advised the MTO would do their best to address the issues. Councillor Vrbanovic expressed disappointment that communication has not been to the level that he would expect and asked staff for an update on the status of this work. Mr. S. Turner, Director of By -law Enforcement, advised that the MTO has indicated that work to demolish the bridge decking will continue over the next 2 months with approximately 20 days of night time construction required depending on scheduling. Councillor J. Gazzola inquired if the City had any recourse to rescind the noise exemption. Mr. Turner advised that Legal staff have concerns with rescinding the exemption in its entirety and suggested that if desired, Council could reconsider the exemption on the basis of imposing further conditions. Councillor Vrbanovic stated that this is a significant issue of concern that requires tougher conditions; adding that he has also had discussions with the local MPP who will be following up on this matter as well. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That the City of Kitchener formally express its dissatisfaction to the Ministry of Transportation (MTO) concerning construction noise issues affecting residents in the vicinity of the Highway 8 - Grand River bridge construction project; and, COUNCIL MINUTES SEPTEMBER 7, 2010 -228- CITY OF KITCHENER That Council requests the MTO and its contractors to work with affected residents to address their concerns, including the possibility of funding alternate accommodations, and report to Council on the outcome by September 20, 2010; and further, That Development and Technical Services and By -law Enforcement staff review the City's policy pertaining to highway construction noise exemptions and with a report to come forward to Council with recommendations." Carried Unanimously by all members present. Mr. Frank Gerencser, Trios College, attended to request that Council defer its consideration of the decision of the Committee of Adjustment to refuse Sign Variance Application, Submission No. SG 2010 -015 (110 King Street East). He stated that the school recently moved to the Market Square location and signage is an important issue for success of the College. He added that time is required to bring together the various owners of the property to consider and gain support for an alternative approach. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That the decision of the Committee of Adjustment to refuse Sign Variance Application, Submission No. SG 2010 -015 (110 King Street East), be deferred to the November 15, 2010 Council meeting to allow further discussion of all interested parties." Carried. It was noted that a registered delegation, Karen Klink, listed under Item 5.c) on the Council agenda, had given notice that she was unable to attend this date. Mr. Paul Britton, MHBC Planning, attended in regard to Clause 5 of the Development & Technical Services Committee report, dealing with a land exchange with Hallman Construction Ltd. for a parcel of land south westerly of the existing Old Huron Road cul -de -sac and filing of the Environmental Assessment Study Report with the Ministry of Environment for the cul -de -sac reconfiguration / relocation closure of Old Huron Road. Mr. Britton advised that he had previously circulated correspondence to Council, dated August 27, 2010, which addresses questions and points of clarification raised at the Development & Technical Services Committee meeting and asked that Council approve the land exchange. Councillor K. Galloway advised that she had requested deferral of this matter pending clarification of matters concerning the approval of the proposed roundabout at Strasburg Road and was now satisfied that the response from MHBC Planning substantiates that she was mistaken in her belief that it had not been previously approved. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 5 of the Development & Technical Services Committee report of this date be adopted, as amended by deleting the deferral paragraph in its entirety." Carried. Mr. Paul Britton, MHBC Planning, also attended in regard to Clause 6 of the Development & Technical Services Committee report, to defer consideration of Zone Change Application ZC 06/28/H/BS, Huron Community Plan Amendment and Modification to Design Brief for Huron Strasburg Mixed Use Node SW Corner of Huron and Strasburg Roads (Hallman Construction Ltd.), to allow notification to residents that the purpose of the zone change is to permit a gas bar use on the subject property. In response to Mayor Zehr, Mr. Britton advised he had no further comments concerning this matter. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 6 of the Development & Technical Services Committee report of this date be adopted." Carried. COUNCIL MINUTES SEPTEMBER 7, 2010 -229- CITY OF KITCHENER Ms. Pat Quinn, property owner, attended in regard to Clause 1 of the Heritage Kitchener report (June 1, 2010 meeting), to oppose listing of 173 -179 King Street West on the City's Municipal Heritage Register (MHR) as a non - designated property of cultural heritage value or interest. She stated that she had originally jointly purchased the property and subsequently bought out her partner, with her interest in the property purely as an investment. She stated that the Municipal Heritage Register process began prior to her notification in April 2010 and had she known earlier she would have changed how she addressed her interest in the property. She suggested that neither the buildings features, nor its history of occupation, is of significant heritage value, pointing out that prior to her purchase it was not well maintained and housed many undesirables. Through her investment in the property the building now has a positive impact in the downtown and it was her opinion there is no advantage to the investor in being designated as a non - designated building, with no financial incentives and only restrictions that will result in costs incurred to fight delays in redevelopment. She also conveyed comments from the owner of an adjacent business known as the Budd Stores, who indicates that plans to expose parts of the original building as part of renovations to the facade are not proceeding out of fear his building may also be considered for designation as a non - designated heritage building which may impede or restrict investment decisions in future. She asked that the recommendation to list 173 -179 King Street West on the MHR be rejected. Councillor J. Gazzola asked if the delegation had any solid evidence that listing the property on the MHR would restrict future development. Ms. Quinn stated that if it was decided in future to demolish the building approval of the application rests with Council and it could be stopped. Councillor J. Gazzola requested clarification of the Committee's reasons for concluding this property should be listed. Mr. L. Bensason, Co- ordinator, Cultural Heritage Planning, advised that the building is a 19th Century commercial structure in the Renaissance Revival style with many of its original features intact and is part of the Berlin era main street. He added that properties undergo an evaluation process, endorsed by Council, and based on substantive criteria. Mr. Bensason spoke to the notification process, advising that if a property is shortlisted the owner is advised, provided with the details of the evaluation and invited to make comment prior to consideration by Heritage Kitchener. He added that if listed on the MHR, the owner would not require approval to alter the building, unless demolition under the Building Code is proposed; in which case, the period of time the City would have to consider a demolition application would increase from 20 days to 60 days. Also, in the instance of redevelopment that requires application under the Planning Act and which would impact heritage attributes of the building, the City could request a Heritage Impact Assessment (HIA) be done by the owner to identify measures to mitigate negative impact to the heritage attributes. Councillor J. Gazzola questioned if staff have any evidence that listing a property adversely impacts property values and Mr. Bensason responded that there is no evidence of this nature. He added that to date listing has had either no impact or a positive impact on properties and no complaints of adverse impact have been received from owners of listed properties. Mr. Bensason advised that staff have worked closely with owners of listed properties to meet both their objective of redevelopment and preservation of buildings having heritage value or interest. Councillor Gazzola questioned if an owner may make request to Council to remove their property from the MHR after it has been listed and Mr. Bensason advised that they could as Council has authority to both add to, or remove properties from, the MHR. Councillor C. Weylie questioned the cost of an HIA. Mr. Bensason advised that the cost is dependent on the impact and complexity of a redevelopment Planning application, ranging from $3,000 to $4,000 for a minor application up to $12,000 to $15,000 for a highly complex application. Councillor B. Vrbanovic referred to the other properties proposed for listing and inquired if there had been any opposition from the owners and / or if they were aware of the Committee's recommendation. Mr. Bensason advised that the property owners had been notified and favourable correspondence was received from the owners of properties on Queen Street South. Staff received a voicemail message from the owner of 55 King Street West but no indication was given as to their approval or opposition to the listing and while staff has been unable to make further contact, Mr. Bensason noted that no written comment was received from the owner. He added that property owners receive several communications, firstly to invite them to make comment and / or appear at the Heritage Kitchener meeting and secondly, they are given notice of the Council meeting date. Councillor C. Weylie inquired as to the owner of 100 Ahrens Street West, commenting that she believed the owner had appeared several months ago in reference to listing of the property. Mr. Bensason advised that he did not have the name of the current owner and no one had attended the COUNCIL MINUTES SEPTEMBER 7, 2010 -230- CITY OF KITCHENER Heritage Kitchener meeting in respect to this property. Councillor Weylie asked that consideration of listing this property be deferred pending confirmation of the current owner. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That part of Clause 1 of the Heritage Kitchener report of (June 1, 2010 meeting), to list 100 Ahrens Street West on the Municipal Heritage Register, pursuant to Section 27 of the Ontario Heritage Act, as a non - designated property of cultural heritage value or interest in accordance with the Statement of Significance attached as Appendix `A' to Development and Technical Services Department report DTS -10 -108, be deferred to the September 20, 2010 Council meeting, pending additional information from staff concerning ownership of the property." Carried. A motion by Councillor J. Gazzola, seconded by Councillor B. Vrbanovic, was brought forward for consideration to list 173 -179 King Street West on the Municipal Heritage Register, pursuant to Section 27 of the Ontario Heritage Act, as a non - designated property of cultural heritage value or interest in accordance with the Statement of Significance attached as Appendix `A' to Development and Technical Services Department report DTS -10 -108. Councillor Vrbanovic stated that he supports the owner's request not to list 173 -179 King Street West, commenting that unless a property has been proven to have significant cultural heritage value or interest the City has not listed a property without the support of the property owner. He noted that the owner has made substantial investment to enhance the look of this building and suggested that the City needs to be reasonable in dealing with this matter. Councillor J. Gazzola stated that while he can appreciate what the owner has done to improve the building, it was his opinion listing has no adverse impact but rather leaves options open to, and including, preservation of the property's history or removal of the property from the MHR listing if deemed appropriate in future. Mayor C. Zehr agreed with not listing this property for similar reasons expressed by Councillor B. Vrbanovic. Councillor Vrbanovic added that not listing the property on the MHR does not negate its future preservation, noting that in the case of a proposal to demolish the building the City would still have 20 days to consider the application as opposed to 60 days. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That part of Clause 1 of the Heritage Kitchener report (June 1, 2010 meeting), to list 173 -179 King Street West on the Municipal Heritage Register, pursuant to Section 27 of the Ontario Heritage Act, as a non - designated property of cultural heritage value or interest in accordance with the Statement of Significance attached as Appendix `A' to Development and Technical Services Department report DTS -10 -108, be adopted." A recorded vote was requested. In favour: Councillor J. Gazzola Contra: Mayor C. Zehr and Councillors J. Smola, K. Galloway, B. Vrbanovic and C. Weylie Motion Lost Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the balance of Clause 1 of the Heritage Kitchener report (June 1, 2010 meeting), be adopted as amended." Carried. Mr. Mike Puopolo, Polocorp Inc., attended in support of Clause 2 of the Heritage Kitchener report (August 31, 2010 meeting), concerning a Heritage Permit Application 2010 4-016 to permit demolition COUNCIL MINUTES SEPTEMBER 7, 2010 -231- CITY OF KITCHENER of the remaining front section of the building known as the Barra Castle and a two storey building at the property known municipally as 393 -411 Queen Street South. Mr. Puopolo responded to questions, advising that the most recent structural analysis revealed too many deficiencies in the wall and concrete of the front facade such that it is no longer economically viable to restore. He stated that it is proposed to replicate the facade with concrete construction to mirror its original design and quotations are being received from potential contractors in regard to replication of the heritage features. Councillor J. Gazzola raised concerns that following the Committee's vote, information came to light that the cost to replicate the facade may cost more than to save what can be saved of the existing structure. Mr. Puopolo responded that estimates received relative to restoration of the facade have ranged from $300 to $500 per square foot and to date, 4 reputable contractors have agreed that estimates of $125 to $150 per square foot for replication is reasonable. Moved by Councillor J. Gazzola Seconded by Councillor K. Galloway "That Clause 2 of the Heritage Kitchener report (August 31, 2010 meeting) be adopted." Carried. Mr. R. Morgan, Capital Investment Advisor, circulated this date Chief Administrator's Office report CAO -10 -032, dated August 30, 2010, requesting authorization to enter into an Agreement of Purchase and Sale with Craft Acquisitions Corporation for City -owned lands at 83 Elmsdale Drive. Mr. Morgan advised that the Elmsdale Operations Centre will move to the new Consolidated Maintenance Facility (CMF) in 2011 and the Elmsdale property has been declared surplus to the City's needs. The property was marketed with a deadline for bid submissions of June 25, 2010. Submissions were evaluated based on certain criteria and the proposed purchaser at the highest bid of $7.8M also had the strongest development vision for the property. They propose to create a multi - phased mixed use development of residential units, live / work space and retail. Under terms of the agreement, the purchaser is obligated within 60 days of accepting the Offer of Purchase to commence a Zone Change and Official Plan Amendment process which will include statutory public meeting requirements at which time the public will have opportunity to provide input into the development approval process. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the Mayor and Clerk be authorized to execute an Agreement of Purchase and Sale with Craft Acquisitions Corporation for their acquisition of the City's parcel of land located at 83 Elmsdale Drive, having an area of approximately 4.88 hectares (12.05 acres), legally described as Part 1 on Plan 58R -16784 at a total purchase price of $7,800,000.00; said agreement to be to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute all documentation required to complete the transaction, said documentation to be satisfactory to the City Solicitor." Carried Unanimously by all members present. Mr. Josh Dekkers, Clean 'N Scrub, attended in opposition to the recommendation to award Quotation Q10 -034 (Waterblasting Sidewalks) to Industrial Waterblast Services. Mr. Dekker stated that his bid had been the lowest yet the contract is being recommended for award to a company at a higher bid. He advised that his company has done similar work in the Cities of Hamilton and St. Catharines and their equipment is capable of doing the work. He asked that his company be given an opportunity to demonstrate their equipment to prove it will work and if shown to be satisfactory, they be awarded the contract. Councillor J. Gazzola questioned if the equipment provided by the delegation meets the specification of 7,000 PSI. Mr. Dekker advised that their equipment does not with the difference being that his equipment uses steam. He added that they have done a large number of City sidewalks with excellent results. COUNCIL MINUTES SEPTEMBER 7, 2010 -232- CITY OF KITCHENER Councillor K. Galloway questioned if the company was still operating in the two Cities mentioned. Mr. Dekker advised that the contract for St. Catharines was a one -time cleaning project and in Hamilton, the contract was for 3 years and his company fulfilled the first year of the contract. Mr. L. Gordon, Director of Supply Services, advised that in 2009 problems occurred with the contracted company for sidewalk cleaning, following which specifications were reviewed and revised to ensure a successful operation. He added that Mr. Dekker's company was one of 2 low bids which did not meet the specifications of the tender document. Councillor Gazzola questioned if there is opportunity for the delegation to provide demonstration of their equipment. Mr. Gordon advised that current practice dictates that companies who do not meet tender specifications are disqualified. Councillor Gazzola requested clarification of the level of increase in costs. Mr. Gordon advised that this is in part due to revised requirements, and in 2009 a stop -work order was issued and the contract terminated, following which all of the work had to be re -done. Mr. R. Regier added that the contracted company's equipment actually scarred the sidewalk surface of some of the newly laid sidewalks in the Downtown, which can still be seen today. Councillor Gazzola questioned the feasibility of the City acquiring its own equipment and using City staff to do the work. Mr. Gordon advised that he could not speak to this issue as it is a service of Community Services Operations Division but pointed out that the cleaning is only done once or twice a year which may not justify the cost of purchasing equipment and funding associated operational / maintenance costs. Councillor B. Vrbanovic commented that this is an important issue given the dollars invested in improving the look of the Downtown and suggested that twice a year is not sufficient to maintain a clean environment. He noted that he had thought a report was to come regarding maintenance of the Downtown which would include the issue of power washing. Mr. R. Regier advised that staff is currently working on an operating strategy for the Downtown which will include power washing and which will have budget implications. A budget issue paper is being prepared for the 2011 budget deliberations with options to finance an increased maintenance program. He stated that staff is looking at future use of City equipment in conjunction with the Downtown student program. He added that it was important that staff gain an understanding during the first full year of operation of the new streetscape to better understand maintenance of the new design and an operational plan will come forward as part of the 2011 budget deliberations. Councillor Vrbanovic also asked that the report address a constituents question as to whether the City uses potable water versus fresh drinking water for street cleaning programs. Mayor C. Zehr questioned if there is urgency in awarding this contract or if it could be deferred to the special Council meeting on September 13, 2010 to allow additional information to be provided. Councillor K. Galloway inquired as to the feasibility of allowing the delegation to demonstrate his company's equipment and what impact that might have on the current tender process for the contract. Mr. L. Gordon advised that Council could choose to withdraw the current tender and re -issue to provide opportunity for the proposed award company and any other interested parties to re- submit their bid. He cautioned, however, that it could potentially mean staff would have to allow demonstrations from all companies bidding on the contract. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the recommendation contained in Financial Services Department report FIN -10 -136 for award of Quotation Q10 -034, Waterblasting Sidewalks, be deferred to the September 13, 2010 special Council meeting, pending additional information from staff." Carried. Prior to consideration of the balance of the tenders, Council considered Clause 8 of the Finance and Corporate Services Committee report dealing with a strategy to replace the City's existing ROLM telephone system with a fully integrated Voice over Internet Protocol (VoIP) system; and which is relevant to the recommendation to award Proposal P10 -028, Corporate Integrated Communications Network, listed as Item B.4 i) on the Committee of the Whole agenda. COUNCIL MINUTES SEPTEMBER 7, 2010 -233- CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 8 of the Finance & Corporate Services Committee report of this date be adopted." Carried Unanimously by all members present. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That Proposal P10 -028, Corporate Integrated Communications Network, be awarded to UNIS LUMIN Inc., Oakville, Ontario, at their proposed price of $866,131.72, plus H.S.T. of $112,597.12, for a total of $978,728.84; and, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor; and further, That the successful proponent be deemed to be the City's Vendor of Record for the initial ten (10) year period, with an option to renew for one (1) additional five (5) year term, subject to mutual agreement." - and - "That Tender T10 -089, Kitchener Public Main Branch Library Expansion and Parking Garage, be awarded to Maystar General Contractors Inc., Concord, Ontario at their tendered price of $43,400,000., plus H.S.T. of $5,642,000., plus the additional Regional Generator Room for $350,000., plus H.S.T. of $45,500., for a total of $49,437,500.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E10 -072, Consultant Services — Iron Horse Trail Sanitary Sewer (Glasgow Street to Gage Avenue), be awarded to Genivar Consultants LP, Guelph, Ontario at their estimated fee of $158,229.98, plus H.S.T. of $20,569.90, for a total of $178,799.88, 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 Quotation Q10 -051, Uniforms (Wash and Wear) — Fire Department, be awarded to Novacks Uniform Group, London, Ontario at their quoted price of $30,782.08, plus H.S.T. of $4,001.67, for a total of $34,783.75, with an option to renew for two (2) additional twelve (12) month terms, subject to mutual agreement." - and - "That Tender T10 -102, Building Automation System — Kitchener City Hall, be awarded to ESC Automation Ltd., Toronto, Ontario at their tendered price of $381,645., plus H.S.T. of $49,613.85, for a total of $431,258.85." Carried Unanimously by all members present. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." COUNCIL MINUTES SEPTEMBER 7, 2010 -234- CITY OF KITCHENER Council considered Development & Technical Services Department report DTS -10 -164 (Addendum to report DTS -10 -143) concerning approval of Draft Plan of Subdivision 30T -10201 and Zone Change Application ZC08 /30 /H /EB for 771 Huron Road (Deerfield Homes Ltd.), relative to Clause 7 of the Development & Technical Services Committee report. The addendum report recommends amendment of Condition 6.12 to include requirements for Park and Trail tender drawings and specifications to include fencing along Huron Road and a conceptual plan considering the expansion of the park immediately to the east of Block 9. Councillor K. Galloway advised that she still had concerns with the park location but was in agreement with the proposed amendment for fencing. She asked that going forward staff be cognizant not to position parks adjacent to 4 lane highways. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend Clause 7 to provide that Condition 6.12 be approved in the amended form as set out in addendum report DTS -10 -164 to include requirements for Park and Trail tender drawings and specifications to include fencing along Huron Road and a conceptual plan considering the expansion of the park immediately to the east of Block 9. The Development & Technical Services Committee report was then voted on Clause by Clause. Clause 5 - Dealt with under Delegations and Carried, as Amended. Clause 6 - Dealt with under Delegations and Carried. Clause 7 - Carried, as Amended 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." Moved by Councillor J. Gazzola Seconded by Councillor J. Smola Carried. "That the report of Heritage Kitchener (meeting of August 31, 2010) be adopted." Moved by Councillor J. Smola Seconded by Councillor K. Galloway Voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Carried. Balance of report — Carried. "That the report of the Audit Committee be adopted." Carried. Mayor C. Zehr referred to complaints received regarding backyard wood burning, noting that the current by -law provides that if deemed a nuisance situation By -law Enforcement and / or Fire Services will inspect to determine if it constitutes a safety hazard. Given the increase in complaints, Mayor Zehr questioned what steps going forward are being taken to address this issue and whether it is feasible to continue to permit the practice. Fire Chief T. Beckett advised that Fire Services is legislated under the Fire Prevention Protection Act which currently provides ability to regulate open air burning. He stated that Fire Services discussed COUNCIL MINUTES SEPTEMBER 7, 2010 -235- CITY OF KITCHENER the issue of banning with Legal staff several years ago and it was determined that the legislation is about regulating hours rather than banning open air burning and is why the City's by -law has been written in its current form. He suggested that Fire Services could review the matter further with Legal staff to determine where, if any, changes could be made. Mayor Zehr commented that some cities have invoked a ban. Fire Chief Beckett suggested that in these instances the legislation is being interpreted loosely and if challenged, may present issues for those municipalities. Mayor Zehr inquired as to timing of a review of the City's by -law. Mr. S. Turner advised that preliminary discussions have begun around new burning devices, such as outdoor fireplaces and pool heaters to determine how best to regulate their operation and to better define what actually constitutes a nuisance situation. He suggested that staff would need a couple of months to do a full review and with the current burning season coming to an end anticipated a decline in complaints. He suggested that a report come forward at some point during the next winter season. Mayor Zehr agreed with this approach and asked that a ban on open air burning also be investigated as part of staff's review. Councillor B. Vrbanovic advised that during the summer months he had met with Jason Hammond from the Grand River Car Share (GRCS) to discuss how the City might encourage community interest in pooled auto resources supplied by his company. GRCS currently partners with the Region of Waterloo and the City of Waterloo in making parking spaces available for their rental cars at various Community facilities and would like to do similarly with the City of Kitchener. At the request of Councillor B. Vrbanovic, it was agreed to add a presentation from GRCS concerning their proposal to the September 13 Finance & Corporate Services Committee and September 16 Environmental Committee meeting agendas. Council agreed to the request of Mr. R. Gosse, City Clerk, to add 6 by -laws for three readings this date as follows: • Zoning Amending By -law for Zone Change Application ZC08 /30H /EB (Deerfield Homes - 771 Huron Road), relative to Clause 7 of the Development & Technical Services Committee report; • Zoning Amending By -law for Zone Change Application ZC10 /05 /COK/HH (City- Initiated) relative to Clause 9 of the Development & Technical Services Committee report; • Official Plan Amendment OP09 /04 /COK/HH and Zoning Amending By -law for Zone Change Application ZC09 /08 /COK/HH (City- Initiated) relative to Clause 10 of the Development &Technical Services Committee report; • Zoning Amending By -law for Zone Change Application ZC10 /02 /B /GS (215 Belmont Avenue West) relative to Clause 11 of the Development & Technical Services Committee report; • A by -law to amend Chapter 25 (Procedure) of the Municipal Code, relative to Clause 6 of the Finance & Corporate Services Committee report. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by -laws, namely: (a) To further amend By -law No. 88 -170, being a by -law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. (c) 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. (d) Being a by -law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals — Regulation. (e) Being a by -law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (f) Being a by -law to provide for the establishing and laying out of part of Fairway Crescent as a public highway in the City of Kitchener. SEPTEMBER 7, 2010 COUNCIL MINUTES -236- CITY OF KITCHENER (g) Being a by -law to assume certain lands within the City of Kitchener as a public highway. (h) Being a by -law to provide for the establishing and laying out of part of Glasgow Street as a public highway in the City of Kitchener. (i) Being a by -law to provide for the establishment and laying out of part of Beaumont Crescent as a public highway in the City of Kitchener. (j) To confirm all actions and proceedings of the Council. (k) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Deerfield Homes Ltd. — 771 Huron Road. (1) 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. (m) Being a by -law to adopt Amendment No. 89 to the Official Plan. (n) 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. (o) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Jennifer Hennelly — 215 Belmont Avenue West. (p) Being a by -law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. 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 K. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor K. Galloway 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. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the by -laws be given third reading, namely: (a) 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 -143) (b) 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 -144) SEPTEMBER 7, 2010 COUNCIL MINUTES -237- CITY OF KITCHENER (c) 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 -145) (d) Being a by -law to amend Chapter 408 of the City of Kitchener Municipal Code with respect to Animals — Regulation. (By -law No. 2010 -146) (e) Being a by -law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (By -law No. 2010 -147) (f) Being a by -law to provide for the establishing and laying out of part of Fairway Crescent as a public highway in the City of Kitchener. (By -law No. 2010 -148) (g) Being a by -law to assume certain lands within the City of Kitchener as a public highway. (By -law No. 2010 -149) (h) Being a by -law to provide for the establishing and laying out of part of Glasgow Street as a public highway in the City of Kitchener. (By -law No. 2010 -150) (i) Being a by -law to provide for the establishment and laying out of part of Beaumont Crescent as a public highway in the City of Kitchener. (By -law No. 2010 -151) (j) To confirm all actions and proceedings of the Council. (By -law No. 2010 -152) (k) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Deerfield Homes Ltd. — 771 Huron Road. (By -law No. 2010 -153) (1) 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 -154) (m) Being a by -law to adopt Amendment No. 89 to the Official Plan. (By -law No. 2010 -155) (n) 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 -156) (o) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Jennifer Hennelly — 215 Belmont Avenue West. (By -law No. 2010 -157) COUNCIL MINUTES SEPTEMBER 7, 2010 -238- CITY OF KITCHENER (p) Being a by -law to amend Chapter 25 of the City of Kitchener Municipal Code with respect to Procedure. (By -law No. 2010 -158) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:05 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 7, 2010 -239- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the scope of the Traffic Calming Review for Perth Road be expanded to include the neighbourhood road network of Glen Road, South Drive, Pleasant Avenue and Belmont Avenue East. 2. That Demolition Control Application DC10 /07 /H /GS requesting permission to demolish a single detached dwelling municipally addressed as 645 Hidden Valley Drive and legally described as Plan 1523 Lot 8 RP 58R -3560 PT 1 & 2 RP 58R -3752 Pt 1, be approved subject to the following conditions: That the Applicant obtains a building permit for the proposed residential dwelling 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 unit 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. 3. That an extension of the Purchase Order for consulting services to AMEC Earth and Environmental for the additional amount of $8992.89 plus applicable taxes (GST) for completing the Development Manual be approved. 4. That the 2010 Cycling Master Plan entitled Cycling Master Plan for the 21st Century as attached to Development and Technical Services Department report DTS -10 -144 be approved in principle; and, That annual funding of $200,000 to implement the Cycling Master Plan be referred to the 2011 Capital Budget review; and, That annual funding be increased to $300,000 in 2015 and be referred to the 2011 Capital Budget review; and further, That a Transportation Demand Management Coordinator position be referred to the 2011 Operating Budget review to implement and manage the Cycling Master Plan along with other Transportation Demand Management initiatives. 5. That the Old Huron Road Cul -de -Sac Reconfiguration /Relocation Closure of Old Huron Road Environmental Study Report (ESR) prepared by MTE Consultants Inc., dated August 9, 2010 be received and filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act; and, That the Mayor and Clerk be authorized to execute a Land Exchange Agreement with Hallman Construction Ltd. to convey the parcel of land south westerly of the existing Old Huron Road cul -de -sac described as Parts 1, 2, 3, 4, 11, 12, 13, 14, & 15 in exchange for the parcel of land abutting the southern edge of Huron Road described as Parts 16, 17, 18 & 19 on the attached Land Exchange Plan (Appendix A); said Agreement to be to the satisfaction of the City Solicitor; and, That the parcel of land described as Parts 1, 2, 3, 4, 11, 12, 13, 14, & 15 on the attached Land Exchange Plan (Appendix A) be declared surplus to the City's needs; and, That the City reserve an easement over a portion of the lands to be conveyed to Hallman Construction for the purposes of retaining the existing pressurized gas main and other services; and further, COUNCIL MINUTES SEPTEMBER 7, 2010 -240- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor.' (Dealt with under Delegations and Carried, as Amended) 6. That consideration of the recommendations contained in Development and Technical Services Department report DTS -10 -140 (Zone Change Application ZC06 /28 /H /BS, Huron Community Plan Amendment And Modification To Design Brief For Huron Strasburg Mixed Use Node SW Corner Of Huron And Strasburg Road - Hallman Construction Ltd.) be deferred to the Development and Technical Services Committee meeting of September 13, 2010, to allow staff an opportunity to notify the area residents that the purpose of the zone change is to permit a gas bar on this property. (Dealt with under Delegations and Carried) 7. That Zone Change Application ZC 08 /30 /H /EB for Deerfield Homes Ltd. (771 Huron Road) requesting a change in zoning from Restricted Business Park Zone (B -2) to Residential Six Zone (R -6), Open Space Zone (P -2) and Public Park Zone (P -1) on the parcel of land specified and illustrated as the `Subject Area' on Map No. 1, be approved in the form shown in the "Proposed By -law" dated July 27, 2010, attached to Development and Technical Services Department report DTS -10 -143 as Appendix C; and further, That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation by -law 2002 -64, grant draft approval to Plan of Subdivision Application 30T- 10201, in the City of Kitchener, for Deerfield Homes Ltd., subject to the conditions contained in Development and Technical Services Department report DTS - 10 -143, as amended to provide that condition 6.12 be approved in the amended form as set out in addendum report DTS -10 -164, dated September 1, 2010, to require Park and Trail tender drawings and specifications to include fencing along Huron Road and a conceptual plan considering the expansion of the park immediately to the east of Block 9. (As Amended) 8. That Development and Technical Services Department report DTS -10 -148 entitled Provincial Policy Statement Review Response be received for information and staff submit the comments on the five -year review of the Provincial Policy Statement, 2005 contained within report DTS - 10 -148 to the Ministry of Municipal Affairs and Housing. 9. That City- initiated Zone Change ZC 10 /05 /COK/HH, being an amendment to Section 5.15 of By -Law Number 85 -1 for the purpose of deeming non - residential uses for existing buildings to comply in certain circumstances, be approved, in the form shown in the attached "Proposed By -Law" dated July 29, 2010 attached as Appendix A to Development and Technical Services Department report DTS -10 -138. 10. That City- initiated Official Plan Amendment OP 09 /04 /COK/HH being an amendment to modify the King Street East Secondary Plan and Mixed Use Corridor land use designation policies be adopted, in the form shown in the "Proposed Official Plan Amendment" dated July 9, 2010 attached as Appendix A to Development & Technical Services Department report DTS -10 -111; and further, That City- initiated Zone Change application ZC 09 /08 /COK/HH being an amendment to Schedules 119, 120, 142, 143, 173 and 174 of Appendix A, Schedule 31 of Appendix B, sections 121, 145, 146, 311 and 401 of Appendix C, sections 71, 234, 285, 337, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543 and 544 of Appendix D and section 15 and 22 of Appendix F of By -Law Number 85 -1 as they pertain to the King Street East Mixed COUNCIL MINUTES SEPTEMBER 7, 2010 -241- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. (Cont'd) Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed -Use Corridor 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 July 26, 2010 attached as Appendix B to Development and Technical Services Department report DTS -10 -111. 11. That Zone Change Application ZC10 /02 /B /GS to change the zoning from Existing Use (E -1) to Existing Use (E -1) with Special Use Provision 409U on lands legally described as Plan 778 Lot 30, municipally known as 215 Belmont Avenue West, in the City of Kitchener, be approved in the form shown in the "Proposed By -law ", dated July 14, 2010, attached to Development and Technical Services Department report DTS -10 -141. 12. That the document titled Standards of Cover, dated August 2010, be adopted. 13 That subject to the removal of the three specific staff positions from the Judging Committee, to be determined at a later date; the revised Urban Design Awards Program as outlined in Development and Technical Services Department report DTS -10 -142 be endorsed. 14. That the Air Quality in Kitchener — 2010 report as attached to report Development and Technical Services Department report DTS -10 -149 be endorsed. FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Conestoga Students Inc. for an outdoor concert at Conestoga College on September 18, 2010, between the hours of 6:00 p.m. and 11:00 p.m. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K -W Oktoberfest Inc. for a series of events being held at various clubs between October 2 and October 16, 2010, as outlined in the letter from K -W Oktoberfest Inc., dated July 14, 2010, attached to Corporate Services Department report CRPS -10 -131. 3. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Mon Ami Pizza Cafe, located at 151 Charles Street West, Unit R -12, applied for by Velimir Bijelic (herein referred to as the "Applicant "); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Association's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 12:01 a.m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 6. to comply with the Noise By -law and the Region of Waterloo Smoking By -law; and 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). SEPTEMBER 7, 2010 COUNCIL MINUTES -242- REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) CITY OF KITCHENER 4. That the draft by -law attached to Corporate Services Department report CRPS -10 -135 be enacted to amend Chapter 530 (Dogs) of The City of Kitchener Municipal Code. 5. That the draft by -law attached to Corporate Services Department report CRPS -10 -136 be enacted to amend Chapter 408 (Animals - Regulation) of The City of Kitchener Municipal Code. 6. That Chapter 25 of the Municipal Code (Procedure) be amended as outlined in Schedule `A', attached to Corporate Services Department report CRPS -10 -125, save and except section 25.4.1 (Seating at Council Table) which is to be decided by the new Council. 7. That an increase in the maximum amount to be debentured for the Civic District Parking structure be authorized from $2,195,000 as per the original business case and approved capital budget forecast to $5,803,282 in 2011; and further, That the potential to reduce the actual amount of the debenture through the allocation of parking development charges be considered as part of the 2011 budget process. 8. That the strategy to replace the City's existing ROLM telephone system with a fully integrated Voice over Internet Protocol (VoIP) system, as outlined in Corporate Services Department report CRPS -10 -133, be approved; and, That staff bring a report back to Council recommending a Vendor of Record to perform all three phases of the transition of the City's telephone system from ROLM to VoIP, being: 1) the Consolidated Maintenance Facility; 2) Remote sites; and 3) City Hall; and further, That for each of the future transition phases, staff bring back to Council a report outlining details on costs, funding and timelines for implementation, prior to proceeding. (Dealt with under Delegations and Carried Unanimously by all members present) 9. That parking development charge funding of $6,000,000 be allocated to the Charles and Benton Garage project in 2010; and, That the Charles and Benton Garage debenture, already approved to be issued in 2010, be reduced from $9,525,000 to $3,525,000 as a result of the allocation of parking development charges to the project; and, That allocation of the balance of development charge funding for the Civic District Garage, the Centre Block Garage and the Charles/Water Garage be considered as part of the 2011 Budget deliberations; and further, That it is Council's intention to recover any excess capacity arising out of the Charles and Benton Garage, Civic District Garage, Centre Block Garage and Charles/Water Garage, and available to service growth, through future development charges. AUDIT COMMITTEE — 1. That the 2009 audited financial statements of the City of Kitchener be approved. HERITAGE KITCHENER (meeting of June 1, 2010) — 1. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register as non - designated properties of cultural heritage value or interest, in accordance with the Statements of Significance attached as Appendix 'A' to Development and Technical Services Department report DTS -10 -108: COUNCIL MINUTES SEPTEMBER 7, 2010 -243- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (meeting of June 1, 2010) — (Cont'd) 1. (Cont'd) • 40 Chapel Hill Drive; • 1 -3 Charles Street West / 84 -88 Queen Street South; • 1664 Huron Road; • 4 -30 King Street East / 1 Queen Street North; • 53 -61 King Street East; • 137 -147 King Street East; • 55 King Street West; • 305 King Street West; • 33 Ontario Street North; • 16 -20 Queen Street North; • 43 -49 Queen Street North; • 58 Queen Street South; • 66 Queen Street South; • 99 Strange Street; • 182 Victoria Street North; and, • 85 Walter Street. (Dealt with under Delegations and Carried, as Amended) HERITAGE KITCHENER (meeting of August 31, 2010) — 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2010 -IV -017, be approved to permit: the construction of a new door opening within the foundation of the front facade; the installation of new stairs and walkways within the front yard; the enlargement of two rear door openings by one brick course; the relocation and replacement of the drinking water fountain; and, the cleaning, repair (or replacement), and /or painting to match existing at 115 Woodside Avenue (commonly known as Harry Class Community Pool) in accordance with the plans and supplementary information submitted with the application, subject to the following condition: i. That the final building permit drawings be reviewed and heritage clearance issued by heritage planning staff prior to the issuance of a building permit. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2010 -V -016, be approved to permit the demolition of the remaining (front) section of the building known as the Barra Castle and a two storey building at the property municipally addressed as 393 -411 Queen Street South in accordance with the Heritage Impact Assessment dated August 19, 2010 submitted with the application. (Dealt with under Delegations and Carried) COUNCIL MINUTES SEPTEMBER 7, 2010 -244- 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. FIN -10 -134 — CAO Approved Recommendations Council considered Financial Services Department report FIN -10 -134 (L. Gordon), dated August 31, 2010. It was resolved: "That Council receive for information, the CAO approved recommendations made during the summer Council recess as set out in Report No. FIN 10 -134; and further, That the Mayor and Clerk be authorized to execute Agreements in excess of $100,000.00 that have been approved by the CAO while Council is on its summer recess, provided said Agreements are to the satisfaction of the City Solicitor." 3. Tag Day Request — Navy League of Canada Council considered correspondence from Victoria Free, Tag Day Co- ordinator, dated August 16, 2010, requesting permission to conduct Tag Days on October 23 and 24, 2010. It was resolved: "That the request of the Navy League of Canada, K -W Branch to conduct Tag Days on Saturday, October 23 and Sunday, October 24, 2010 at various locations, as outlined in correspondence from V. Free, dated August 16, 2010, be granted." 4. CRPS -10 -124 — Sign Variances Council considered Corporate Services Department report CRPS -10 -124 (D. Gilchrist), dated July 23, 2010. Item B.4 i) regarding Sign Variance Application, Submission No. SG 2010 -015 (110 King Street East), was dealt with under Delegations. It was resolved: "That the application of Ashton Pools (SG 2010 -017 — 637 Victoria Street North) requesting permission to replace the existing ground supported sign with a ground supported sign that contains automatic changing copy, which is to be turned off between 11:00 p.m. and 6:00 a. m., to be located 115m (377.29') from a residential zone rather than the required 150m (492.12'), on Part Lot 52, Plan 763, Part Lot 1, Plan 764, 637 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener prior to erecting the sign. COUNCIL MINUTES SEPTEMBER 7, 2010 -245- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 4. CRPS -10 -124 — Sign Variances (Cont'd) 2. The owner shall remove the smaller, circular- shaped ground supported sign that currently exists on the property." - and - "That the application of Regional Municipality of Waterloo (SG 2010 -018 — 10 Huron Road) requesting permission to erect 2 ground supported signs within 5m (16.4') of each other rather than the required separation of 50m (164'), on Part Lot 8, Plan 1521, 10 Huron Road, Kitchener, Ontario, BE APPROVED." - and - "That the application of Sheridan Nurseries Limited (SG 2010 -019 — 100 Elmsdale Drive) requesting permission to alter an existing ground supported sign to include automatic changing copy, which shall be turned off between 11:00 p.m. and 6:00 a.m., to be located 14m (45.93') from a residential zone rather than the required 150m (492.112'); legalization of this sign having a height of 7.39m (24.24') rather than the permitted 3m (9.84'), a sign area of 11 sq. m. (118.4 sq. ft.) rather than the permitted 3 sq. m. (32.29'), a setback from Ottawa Street of 1.3m (4.26') rather than the required 3m (9.84');and, legalization of 3 signs on the property rather than the 2 permitted signs, on Part Lot 3, Plan 1026, Part Lot 3, Plan 1021, 100 Elmsdale Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner /applicant shall apply for and receive approval of a sign permit from the City of Kitchener for the proposed sign, the existing ground supported sign near the entrance and the fascia sign on the building. 2. That the owner of 100 Elmsdale Drive shall remove the ground supported sign that has automatic changing copy, at his /her cost, when notified by the Regional Municipality of Waterloo that they are widening Ottawa Street in front of the subject property." 5. CAO -10 -031 — Declaration of Surplus Lands — Chandler Drive Council considered Chief Administrator's Office report CAO -10 -031 (H. Gross), dated August 4, 2010. It was resolved: "That the lands located on Chandler Drive, in the City of Kitchener, owned by the Corporation of the City of Kitchener, described as Part Lots 5, 7, and 8 Plan 1021, Part 3 Plan 58EX193 lying between Chandler Drive and Conestoga Parkway, and as in Instrument No. 557525 & 386655, Except Part 1, Plan 58R -2420, City of Kitchener, Regional Municipality of Waterloo; and the triangular parcel of land located on the south side of Chandler Drive as shown on the map attached to Chief Administrator's Office report CAO -10 -031, and to be further described on a Reference Plan to be prepared in the future, be declared surplus to the City's needs for the purposes of the sale of the land to the Regional Municipality of Waterloo." COUNCIL MINUTES SEPTEMBER 7, 2010 -246- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 6. CRPS -10 -142 — Exemption to Chapter 450 (Noise) — Koi Music Festival Council considered Corporate Services Department report CRPS -10 -142 (S. Turner), dated August 31, 2010. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Cory Crossman, for the KOI Music Festival, on September 18, 2010, for outdoor music at 2 locations, The Hive, at 200 King Street East, between the hours of 1:00 P.M. and 11:00 P.M., and One Eyed Jacks, at 45 Duke Street West, between the hours of 1:00 P.M. and 10:00 P.M." 7. CRPS -10 -143 — Exemption to Chapter 450 (Noise) — Vien Quang Buddhist Association of Kitchener - Waterloo Council considered Corporate Services Department report CRPS -10 -143 (S. Turner), dated August 31, 2010. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code, be granted to the Vien Quang Buddhist Association of Kitchener - Waterloo at 23 Campbell Avenue, on September 18, 2010, between the hours of 5 PM to 9 PM, as part of their celebration of their Autumn Festival." 8. CRPS -10 -147 — Request for Special Event — KW Hip Hop Expo Festival — Civic Square Council considered Corporate Services Department report CRPS -10 -147 (P. Harris), dated September 1, 2010. At the request of staff it was agreed to amend the recommendation contained in report CRPS -10 -147 to add granting of an exemption to Chapter 450 (Noise) of the Municipal Code to the KW Hip Hop Expo Festival on September 18, 2010 between the hours of 6:00 p.m. to 11:00 p.m. Councillor B. Vrbanovic referred to concerns raised stemming from a similar event held recently in the Downtown and inquired if this event was being organized by the same group. Mr. S. Turner, Director of By -law Enforcement, advised that there is no connection between the two events, noting that the event to be approved this date has been held on several past occasions and is co- ordinated with assistance by Community Services staff. He added that Security staff is working with event organizers and Regional Police to ensure all goes well with the event. It was resolved: "That the request of the KW Hip Hop Expo Festival to sell refreshments and merchandise in Civic Square on Saturday, September 18, 2010 be approved, provided the necessary licence is obtained, including Health approval; and further, That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the KW Hip Hop Expo Festival on September 18, 2010 between the hours of 6:00 p.m. and 11 :00 p.m., as part of their Festival celebration." COUNCIL MINUTES SEPTEMBER 7, 2010 -247- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 9. DTS -10 -161 —On-line Building Permit Applications Council considered Development & Technical Services Department report DTS -10 -161 (M. Seiling), dated August 30, 2010. Councillor J. Gazzola requested clarification of the reasons for moving this project ahead to 2010. Mr. M. Seiling, Chief Building Official, advised that by moving ahead now financial savings of approximately $40,000. will be realized and the City will be able to go `live' with the web -based program prior to the start of 2011 spring / summer uptake in construction activity. Mr. Seiling confirmed that the cost is to be paid from the Building Enterprise with no impact to the tax levy. Councillor Gazzola inquired as to benefits to be achieved and in particular, any savings resulting from a reduction in staffing. Mr. Seiling advised that no reduction in staffing is anticipated with the primary benefit being improvement to customer service and once implemented, other City divisions will be able to take advantage in regard to any other applicable services that may be appropriate for this web -based application. Mayor C. Zehr requested clarification in respect to an adjustment made to building permit fees to cover the costs of this program. Mr. Seiling advised that in 2010 and with industry agreement, an additional 2% increase to building permit fees was approved, the funds of which were to be used toward the associated costs of the web -based application. It was resolved: "That the normal procedure be waived for the purchase of a public portal software to facilitate On -Line Building Permit Applications in the Building Division and that the City purchase the Public Portal software module and implementation services from CSDC Systems Inc. (CSDC); and, That the Mayor and Clerk be authorized to execute an agreement with CSDC Systems Inc. to secure the Public Portal software module and implementation services to facilitate On -Line Building Permit Applications at an estimated cost of $160,000 plus HST; said agreement to be satisfactory to the City Solicitor; and further, That Building secure the necessary software licenses from Oracle to integrate the Public Portal software with the Amanda system as well as a server to accommodate this business process, all at an estimated cost of $30,000 plus HST." 10. FIN -10 -141 — Applications for Cancellation, Refund, Reduction of Taxes Council considered Financial Services Department report FIN -10 -141 (J. Evans), dated September 1, 2010. At the request of Mayor C. Zehr, staff agreed to provide additional information to Council regarding Items 6, 7, 9, 21 and 56 on the summary of applications. It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totaling $662,344.89 as attached to Financial Services Department report FIN -10 -141, be approved, pursuant to Section 357 of the Municipal Act." COUNCIL MINUTES SEPTEMBER 7, 2010 -248- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 11. FIN -10 -142 — Uncollectible Utility Accounts — Write Off Council considered Financial Services Department report FIN -10 -142 (J. Evans), dated September 1, 2010. At the request of Mayor C. Zehr, staff agreed to provide additional information to Council regarding Item 83 on the summary of utility accounts write -offs. It was resolved: "That Uncollectable Utility Accounts, amounting to $78,145.99 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 12. FIN -10 -143 — Uncollectible Receivables — Write Off Council considered Financial Services Department report FIN -10 -143 (J. Evans), dated September 1, 2010. It was resolved: "That Uncollectable Receivables, amounting to $14,009.52 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 13. CRPS -10 -148 — Request for Various Vendors / Activities on City Property During Oktoberfest Council considered Corporate Services Department report CRPS -10 -148 (P. Harris), dated September 1, 2010. It was resolved: "That the request of K -W Oktoberfest Inc. to allow the following vendors and /or activities to take place on city property be approved provided the necessary licenses, including Health and Fire approval are obtained: • 1 Beer and Food Tent on Frederick Street • 8 Food Vendors on Benton Street • 9 tents /stages /activity areas — 8 on Benton Street, 1 on Frederick Street; and, That those selling food provide proof of insurance naming the City as an additional insured; and further, That building permits for any tents are obtained, if required." 14. CRPS -10 -146 — Delegation of Authority - Lame Duck Council Council considered Corporate Services Department report CRPS -10 -146 (R. Gosse), dated August 30, 2010. Councillor J. Gazzola spoke in opposition to the recommendation suggesting that it allows the City to circumvent the regulations as set out in the Municipal Act. Mayor C. Zehr suggested that it was prudent, and anticipated in the Municipal Act, that should a Council find itself in a `Lame Duck' position provision be made to address the Corporation's business and in particular, emergency situations as they may arise between the period of closing nominations and the Inaugural meeting of the Council - Elect. SEPTEMBER 7, 2010 B COUNCIL MINUTES -249- COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS — (CONT'D) CITY OF KITCHENER 14. CRPS -10 -146 — Delegation of Authority - Lame Duck Council — (Cont'd) Councillor B. Vrbanovic questioned if this is a practice of other municipalities. Mr. R. Gosse stated that he believed other City's have taken this approach in the past and pointed out that Kitchener had passed a similar motion in 2003 and 2006 relative to the Municipal Elections. Councillor Vrbanovic asked if this is similar to the delegated authority given to the CAO during summer recesses regarding tender approvals. Mr. Gosse advised that in this instance any approvals granted by the CAO must be ratified by the new Council at the earliest opportunity following the election; whereas, the summer approvals are provided as a matter of information for Council. The following motion was voted on and Carried by a recorded vote with Mayor C. Zehr and Councillors J. Smola, K. Galloway and C. Weylie voting in favour and Councillor J. Gazzola voting in opposition. It was resolved: "That in the event the provisions of Section 275 of the Municipal Act, as amended, comes into force and effect between the period September 10 to December 6 2010; the Chief Administrative Officer is granted authority to approve expenditures or other liabilities which are currently unbudgeted and with a value in excess of $50,000.00; and, That the Mayor and Clerk be authorized to execute Agreements that have been approved by the Chief Administrative Officer during this period, provided said Agreements are to the satisfaction of the City Solicitor; and further, That any approvals granted by the Chief Administrative Officer during this period be reported to Council for ratification at the earliest opportunity following the Inaugural Meeting of the new Council." 15. CAO -10 -030 — Community Social Capital & Labour Market Initiatives: Community - University Research Alliance (CURA) Partnership Council considered Chief Administrator's Office report CAO -10 -030 (S. Adams), dated September 1, 2010. It was resolved: "That the City of Kitchener agrees to be a Community Partner in the establishment of a Community- University Research Alliance (CURA) under the Social Sciences and Research Council of Canada (SSRCC), related to undertaking research to improve our knowledge base regarding the role of social capital in newcomers integration; and further, That the Mayor be authorized to sign a letter of Intent to become a Community Partner in the undertaking." 16. CRPS -10 -149 — Request to Sell Refreshments — Centre for Community Based Research Council considered Corporate Services Department report CRPS -10 -149 (P. Harris), dated September 1, 2010. It was resolved: "That the request of the Centre for Community Based Research to sell refreshments at 102 King Street West on September 15, 2010 be approved, provided the necessary licence, including Health approval is obtained." SEPTEMBER 7, 2010 COUNCIL MINUTES -250- COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) CITY OF KITCHENER 17. CAO -10 -033 — Lease Agreement — 156 -158 King Street West — Andrin Investments Limited Council considered this date Chief Administrator's Office report CAO -10 -033 (R. Regier), dated September 2, 2010, requesting approval to execute a short -term lease with Andrin Investments Limited to provide temporary accommodations for their activities during construction of the Sales Office and Model Suites on the Centre Block. It was resolved: "That the Mayor and Clerk be authorized to execute a short -term lease with Andrin Investments Limited, satisfactory to the City Solicitor, to lease 158 King Street West; and further, That the Mayor and Clerk be authorized to execute an amendment to the current lease with the University of Waterloo Department of Fine Arts to allow the temporary relocation of the Artery Gallery from 158 King Street West to 156 King Street West."