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HomeMy WebLinkAboutCouncil - 2010-12-20 COUNCIL MINUTES DECEMBER 20, 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 Caring Kids and Teens, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held November 15, 2010 and Inaugural Meeting held December 6, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Mayor C. Zehr advised that several delegations had registered to speak to Clauses 7 and 8 on the Community & Infrastructure Services (CIS) Committee report this date, dealing with issues related to the Homer Watson Pumping Station project. Mayor Zehr referred to a subsequent staff report, INS- 10-009, dated December 15, 2010 which requests these matters be further deferred to the January 17, 2011 CIS Committee meeting to allow preparation of a supplementary report to address all concerns raised at the December 13, 2010 CIS Committee meeting. Mayor Zehr questioned if Council wished to hear the delegations this date or refer their presentations to the January 17 Committee meeting. Councillors K. Galloway and Y. Fernandes spoke in support of hearing the delegations this date to ensure they have opportunity to present their concerns and to have their concerns addressed by staff in the supplementary report. By general consent, the recommendation for deferral of these matters was set aside for consideration later on in the meeting, pending hearing of the delegations’ presentations. Mayor Zehr then continued with the order of Delegations as listed on the Council agenda this date. Mr. John Shortreed presented details of his proposal for an “Innovation Corridor”, encompassing a 25 km stretch from RIM Park in Waterloo, southerly along King Street into the Downtown core of Kitchener and on to the City Centre of Cambridge (Galt). The intent is to create branding to accelerate innovative mixed use development along the corridor that will entice empty nesters and retired persons to locate within the corridor because of its desirable lifestyle and amenities. It was noted that transportation is critical to the success of the corridor and Mr. Shortreed proposes a system of buses, utilizing frequent stops, fare-free zones and improvements to iXpress and iXtown. Mr. Shortreed requested that his proposal be referred to City staff for evaluation and report to Council. In response to Councillor B. Vrbanovic, Mr. Shortreed advised that he is acting as an individual as opposed to representing a group; and that he had spoken with staff of the Cities of Kitchener and Waterloo, Canada’s Technology Triangle, and the University of Waterloo. As a result of these discussions, he advised that changes to his proposal have been incorporated into his presentation this date. Councillor D. Glenn-Graham questioned if he had spoken with staff at the Region of Waterloo, commenting that this equates to a Region-wide project and also relates to tourism for which there is a Regional Tourism Marketing Board. Mr. Shortreed responded that he had not yet spoken with the Region of Waterloo, expressing the opinion that Kitchener would be the main beneficiary of his proposal given the potential along its King Street core. He added that notwithstanding tourism, the biggest economic gain is in what he refers to as “new residents” to the corridor, being empty nesters / retired persons who bring with them disposable income, as well as skills and expertise to draw from. Councillor F. Etherington suggested that the merits of the proposed Light Rail Transit (LRT) system must be evaluated firstly by Kitchener Council, and questioned if the delegation would agree that his proposal is premature pending consideration of the LRT. Mr. Shortreed responded that he is not in favour of an LRT system, suggesting that a decision on land use should come first followed by a decision on an appropriate form of transportation to support the desired development. He stated that many of the desired amenities in an innovation corridor already exist along the proposed path and only requires branding to further promote innovative development. By general consent, it was agreed to refer Mr. Shortreed’s proposal for an Innovation Corridor to staff for evaluation and report to Council at a future date. Mr. Kang Chang Shou attended in support of Item 2 of the Committee of the Whole agenda this date, dealing with applications for cancellation, refund and reduction of property taxes; and in particular, as COUNCIL MINUTES DECEMBER 20, 2010 323CITY OF KITCHENER - - it relates to his property. Mr. Shou noted that the recommendation concerning the subject property applies only to the years 2008 and 2009, and questioned if a similar reduction could be applied to the years 2006 and 2007. Mayor C. Zehr advised that there are limitations in respect to how far back applications can be submitted and that Council was not in a position this date to consider further reductions for the years 2006-2007. He asked that Mr. Shou contact Financial Services staff to discuss his request. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola “That the applications to City Council for cancellation, reduction, refund of taxes totaling $71,419.41 as attached to Finance and Corporate Services Department report FCS-10-012, be approved, pursuant to Section 357 of the Municipal Act.” Carried. Mr. Don Pagett attended to raise concerns regarding Clause 10 of the Community & Infrastructure Services Committee report, dealing with Demolition Control Application DC 10/10/O/ATP (215 Old Carriage Drive). Mr. Pagett stated that he and others in the neighbourhood are concerned with plans to construct a duplex on the site, which they expect will add additional traffic to an already congested street and create safety concerns for children. He questioned if the subject lands are still within a floodplain and if so, if the GRCA had been consulted. He also questioned if heritage issues had been taken into consideration as it was his understanding the property is located within the Upper Doon Heritage Conservation District. Mr. Pagett added that interruption to the enjoyment of their properties will be experienced as a result of construction activities and increased noise. He stated that the property owner has indicated the duplex is needed to provide lodging for relatives when in town and expressed the opinion that use of a local hotel would meet this need. He pointed out that the property is near the Conestoga College, raising concerns that should the existing property owner leave the area the duplex may become a rental unit for students; bringing other problems to the neighbourhood. He suggested that the timing of the notice provided to area residents was insufficient for them to properly respond and asked that the demolition application not be approved. Mr. J. Willmer, Deputy CAO, advised that the only issue before Council this date is to consider the merits of the demolition application. He pointed out that the zoning of the property is not changing from its existing R2 zoning, under which the proposed duplex use is a permitted use and therefore, not at issue. He added that Heritage Kitchener and the GRCA have both been consulted and have no concerns and have given their approval to the demolition application. In respect to timing of construction, this is primarily in the hands of the property owner; however, he indicated that the City has ability to take steps under the Building Code to address unduly delayed construction activity. Councillor Y. Fernandes commented that she understood the delegations concerns regarding student housing and asked that this issue be noted and that she be kept apprised as the site is developed. Moved by Councillor K. Galloway Seconded by Councillor P. Singh “That Clause 10 of the Community & Infrastructure Services Committee report of this date be adopted.” Carried Unanimously. Mr. Andre Probst attended in support of the decision of the Committee of Adjustment, listed as Item B.5 i) on the Committee of the Whole agenda, relative to Sign Variance Application, Submission No. SG 2010-024 (296 Frederick Street). Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic “That the application of The Cora Group Inc. (SG 2010-024 – 296 Frederick Street) requesting permission to erect a ground supported sign on a lot having a width of 13.76m (45.1’) rather than the required width of 15m (49.21’), on Part Lot 8, Plan 111, BE APPROVED 296 Frederick Street, Kitchener, Ontario, , subject to the following condition: COUNCIL MINUTES DECEMBER 20, 2010 324CITY OF KITCHENER - - 1. That the owner shall apply for and receive approval of a sign permit from the Planning Division.” Carried. Councillor B. Vrbanovic referred to the decision of the Committee of Adjustment, listed as Item B.5 iii) on the Committee of the Whole agenda, relative to deferral of Sign Variance Application, Submission No. SG 2010-026, 105 King Street East / 11 Benton Street. The application seeks permission to display an automatic projected sign with changing copy on a building façade (Delta Hotel), as applied for by LuminAD. Councillor Vrbanovic noted that staff had provided a favourable recommendation to the Committee of Adjustment but notwithstanding, the Committee chose to recommend deferral of the application to its March 15, 2011 meeting as staff had indicated they are currently undertaking a review of the City’s Sign By-law and the Committee was of the opinion deferral would provide time to incorporate this type of signage with associated regulations into the by-law. Councillor Vrbanovic noted that the recommendation of the Committee also provides for the trial period to be extended to the end of March 2011; however, given the trial period to date has proven to be a success, adding to activities designed to create an enhanced Downtown core, he suggested that Council consider approval of the application this date based on staff’s recommendation to the Committee of Adjustment. He added that staff has proposed a licensing fee of $1,500. which could be applied on approval and in future when new regulations are incorporated into the Sign By-law they could then be applied at that time. Councillor Y. Fernandes raised concerns with the type of signage being used, commenting that it creates light pollution and is a potential traffic hazard. She suggested that the Committee of Adjustment’s decision should be respected rather than accepting the advocacy of one staff person. Councillor Z. Janecki questioned if the demonstration given to Council and others was a one-time event or if the projected advertising is currently active. Mr. J. Willmer advised that projection is in actual use at this time and can be seen at any time during the permitted hours of operation. He stated that there is not much difference between approving the variance application until such time regulations are built into the City’s Sign By-law and deferring the application, with an extension of the trial period until the Sign By-law is updated. Councillor Vrbanovic noted that under the trial period enforcement of the Sign By-law is being waived and the licensing fee proposed in staff’s report cannot be collected until approval is given to the application. He suggested that it makes sense to approve the application now to allow revenue to be generated. Councillor D. Glenn-Graham inquired if the City has any authority to manage or regulate the content of the advertising and suggested that approval now could open the door for similar applications, questioning where to draw the line. He suggested that the bigger picture should be investigated, and in particular to ensure issues of safety are addressed, and on this basis he would support deferral. Ms. Elif Smith, Managing Director, LuminAD, advised that it was her understanding that the Committee of Adjustment decision was based on time needed to review and update the Sign By-law to incorporate regulations for this type of signage. She stated that there is nothing currently in the by- law to allow the City to control or manage content but they would welcome same if put in place. She stated that the Committee of Adjustment discussed that the proposed licensing fee should be waived for LuminAD in that, they are being used as a prototype to build rules and regulations around this kind of signage. She added that the live demonstration was given to address concerns up front in regard to light pollution and traffic safety prior to the temporary permit being issued. Ms. Smith advised that they would support deferral to allow regulations to be formulated so that ultimately they can obtain a permanent permit; and in regard to content, she advised that all changes in advertising has been provided to the City so that they are aware of the content being displayed. Councillor B. Vrbanovic asked the delegation to clarify if she was in favour of the deferral. Ms. Smith responded that she was in favour of the deferral in the context of allowing time to formulate regulations that would allow permanent operation. Councillor Vrbanovic inquired if the delegation was aware of the staff recommendations made to the Committee of Adjustment. Ms. Smith advised that she had attended the meeting and most concerns were addressed at that time; however, indication was given that further work needs to be done and she gave an example of tracking the number of accidents at the intersection to use as a metric. She stated that it was her understanding the deferral was to give time to do this additional work. Mayor C. Zehr pointed out that the deferral still allows LuminAD to continue with the trial operation until March 31, 2011. COUNCIL MINUTES DECEMBER 20, 2010 325CITY OF KITCHENER - - Councillor Z. Janecki inquired as to the content currently displayed. Ms. Smith advised that substantial business has not yet been accrued, with current users being the Kitchener Downtown Business Improvement Association (KDBIA), Delta Hotel, and Humane Society; and that ideas are being formulated to attract more business, such as the KDBIA partnering with Chicopee Ski Club. She added that the viewing time is from dusk to 10:00 p.m., with the end time potentially extending to 12:00 a.m. during summer months. Councillor B. Ioannidis inquired if the delegation was the owner of the building used and Ms. Smith advised that they do not own the building but have authorization from the Delta Hotel owners for this use. Councillor Z. Janecki questioned the timing for the Sign By- law to be brought forward. Mr. J. Willmer advised that staff had indicated some time in March to the Committee of Adjustment and is the reason the Committee chose the meeting date in March. Councillor Ioannidis suggested that the deferral should be approved to allow time to consider all of the issues, noting that a potential precedent may be set in allowing the signage on a building not owned by the advertising company. Councillor Vrbanovic stated that in light of the fact the delegation is not adverse he could agree to a deferral of the matter; however, he stated that it was his understanding that staff has indicated it may take longer for the Sign By-law to come forward than the proposed date in March. He suggested that staff provide additional information on the concerns raised for consideration at the January 10, 2011 Council meeting; adding that this would allow appropriate staff, the KDBIA and the applicant to be present to discuss the Committee of Adjustment’s decision to defer the application to their March meeting. Moved by Councillor B. Vrbanovic Seconded by Councillor D. Glenn-Graham “That the following decision of the Committee of Adjustment relative to Sign Variance Application SG 2010-026 (105 King Street East / 11 Benton Street), as applied for by be deferred to the January 10, 2011 Council meeting f LuminAD,or further consideration, pending additional information from staff: ‘That the application of Chip Reit No. 34 Operations Limited Partnership (SG 2010-026 – 105 King Street East / 11 Benton Street) requesting permission to have an automatic projected sign with changing copy project on the building wall facing Benton Street, which will advertise uses not located on the property, contrary to the Sign By-law, to be located 5m (16.4’) from an intersection rather than the required 23m (75.45’) and 140m (459.31’) from a residential zone rather than the required 150m (492.12’), on Lot 5, Part Lots 4, 6, 7, 8, 9, 11, Plan 364, Part Lot 1, Plan 367, Part Lot 38, Plan 394, 105 King BE DEFERRED Street / 11 Benton Street, Kitchener, Ontario, , until the Committee of Adjustment’s meeting of March 15, 2011; and further, That the applicant be permitted to continue the trial period for this sign until the end of March or the date on which the new sign regulations come into effect, whichever comes first.’” Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor B. Ioannidis “That LuminAD be granted an extension to the trial period for video projection advertising media onto the façade of the Delta Hotel at 11 Benton Street from December 20, 2010 to January 31, 2011, subject to the same conditions as applied to the originating trial period.” Carried. Mayor C. Zehr advised that delegations would now be heard regarding Clauses 7 and 8 of the Community & Infrastructure Services Committee report, dealing with tendering and consultant services for the Homer Watson Pumping Station improvement project. He reminded that there would be no debate of the issues this date as the matter is to be deferred, pending a supplementary staff report. Mr. James Huxted raised concerns with the increased costs of the pumping station project, questioning why the additional items outlined in staff report INS-10-007 had not been included in the original study undertaken by the City’s consultant. He suggested that given the increased costs, the COUNCIL MINUTES DECEMBER 20, 2010 326CITY OF KITCHENER - - alternatives in the study should be revisited and in particular, cited Option 2 as an example, which by- passes the pumping station in favour of a forcemain on Homer Watson Boulevard leading to the Strasburg Trunk Line and on to Pinnacle Drive. It was Mr. Huxted’s opinion that the whole concept of digging in an environmentally sensitive area and the alternatives to the study should be reconsidered; and that the City should not make additional payment for a deficient study. Mayor C. Zehr advised the delegation that similar concerns were raised by Committee members at the December 13, 2010 Community & Infrastructure Services Committee meeting, and is the reason for deferral of these matters to allow additional information to be provided to address the issues. Ms. Kim Huxted raised concerns regarding the location and size of the proposed overflow tank, advising that she had contacted City staff, attended the public open house and submitted her comments; to which she received no response. She stated that it was not until she had addressed Council that staff responded to her concerns and she also acknowledged conversations with Regional staff and the GRCA had taken place. She stated that since the 30-day timeframe for consultation on the Environmental Assessment (EA) has expired, communication has become scarce and items of concern have still not been addressed. She advised that she has asked for an Emergency Evacuation Plan and had submitted an easement application in September 2010 that staff has not yet responded to. She also suggested that the study alternatives should be revisited due to the rising costs and expressed frustration at her attempts to determine actual costing of the project. She asked that staff be directed to review the EA and study alternatives. Councillor B. Vrbanovic requested clarification of the need for an Emergency Evacuation Plan. Ms. Huxted advised that Doon Village Road, on which her property is located, frequently floods to the point of being impassable. The pumping station is directly behind her property and currently allows an avenue to exit during flooding; however, she raised concerns that construction would block this exit leaving no means of exiting her property should the driveway be flooded. At the request of Councillor Z. Janecki, it was agreed that appropriate background information concerning this project be provided to Council. Moved by Councillor K. Galloway Seconded by Councillor P. Singh “That Clauses 7 and 8 of the Community & Infrastructure Services Committee report of this date, be amended to provide that consideration of Infrastructure Services Department reports INS-10-007 (Homer Watson Pumping StationTender Award and Project Status Update – Tender # T10-094 ), and INS 10-008 (Homer Watson Pumping Station – Contract be referred Administration and Inspection Services – Consultant Purchase Order Extension), to the January 17, 2011 Community and Infrastructure Committee meeting, in order to allow an opportunity for staff to prepare a supplementary report to address all the concerns raised at the December 13, 2010 Community and Infrastructure Committee meeting and those raised by James and Kim Huxted at the December 20, 2010 Council meeting.” Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor B. Ioannidis inquired as to the City’s policies for choosing among tender bids, and in particular, if the City gives preference to local contractors. Mr. L. Gordon advised that contractors bidding on City tenders are neither penalized nor afforded preference based on their geographical area. Mayor C. Zehr suggested that it would be helpful to the new Council to have a one-page summary of the City’s purchasing policies. Mr. D. Chapman, Deputy CAO & City Treasurer, agreed to provide same, advising that he would also include a previous report on the “Buy Canadian” policy. Moved by Councillor J. Gazzola Seconded by Councillor K. Galloway Super Sucker Hydro “That Tender T10-128, Hydrovac Excavating Services, be awarded to Vac Service Inc., Ancaster, Ontario at their tendered price of $171,600., plus H.S.T. of $22,308., for a total of $193,908., with an option to renew for four (4) additional twelve (12) month terms.” - and - COUNCIL MINUTES DECEMBER 20, 2010 327CITY OF KITCHENER - - “That Expression of Interest E10-101, Consultant Services – Advisory Services for the ECNG Energy L.P., Procurement and Management of Natural Gas Supply, be awarded to Chatham, OntarioAegent at their estimated fee of $114,000., plus H.S.T. of $14,820., and Energy Advisors Inc., Toronto, Ontario, at their estimated fee of $33,600., plus H.S.T. of $4,368., for an annual combined total of $166,788., for a three (3) year term, 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 agreements satisfactory to the City Solicitor.” - and - “That Expression of Interest E10-98, Consultant Services – Hayward Avenue Bridge AECOM Canada Ltd., Kitchener, Ontario Rehabilitation, be awarded to at their estimated fee of $94,600., plus H.S.T. of $12,298., for a total of $106,898., 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 the City of Kitchener piggyback on the Provincial Vendor of Record Agreement for Wireless Cellular/Paging Service and Devices VOR 1021 with Bell Mobility Inc., Mississauga, Ontario at an estimated annual cost of $246,000. per year, for a three-year period; and further, That the Director of Supply Services be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That Tender T10-100, Propane: Hd5 Bulk & Cylinder Services (Co-operative), be awarded as follows: McRobert Fuels, Strathroy, Ontario at their tendered price of $91,194.78, plus H.S.T. of $11,855.32, for a total of $103,050.10, with an option to renew for four (4) additional one- year periods; and, Top Fuelers Inc, Kitchener, Ontario at their tendered price of $2,397.63, plus H.S.T. of $311.69, for a total of $2,709.32, for the refueling station portion of the contract; and further, That the City of Kitchener’s portion of this co-operative contract is $57,760.98, plus H.S.T. of $7,508.93, for a total of $65,269.91 for one (1) year.” Carried. A representative attended in support of the decision of the Committee of Adjustment, listed as Item B.5 ii) on the Committee of the Whole agenda, relative to Sign Variance Application SG 2010-025 (1830 Strasburg Road). Moved by Councillor K. Galloway Seconded by Councillor Y. Fernandes “That the application of Weber Supply (SG 2010-025 – 1830 Strasburg Road) requesting legalization of 3 existing fascia signs on the building with each sign to extend 0.5m (1.64’) above the wall of the building; whereas the Sign By-law does not allow fascia signs to extend above the wall to which they are attached, on Part Lot 1, Plan 1382, being Parts 3 & 4, BE APPROVED Reference Plan 58R-12683, 1830 Strasburg Road, Kitchener, Ontario, .” Carried. COUNCIL MINUTES DECEMBER 20, 2010 328CITY OF KITCHENER - - A representative attended in support of the decision of the Committee of Adjustment, listed as Item B.5 iv) on the Committee of the Whole agenda, relative to Sign Variance Application SG2010-027 (654 Fairway Road South). Moved by Councillor K. Galloway Seconded by Councillor Y. Fernandes “That the application of Gorpam Enterprises Ltd. & Acco Oil Company Ltd. (SG 2010-027 – 654 Fairway Road South) requesting permission to alter an existing ground supported sign by adding automatic changing copy, to be located 102.16m (325.17’) from the closest residential zone rather than the required 150m (492.12’), on Part Lots 7 & 18, Plan 988, 654 Fairway BE APPROVED, Road South, Kitchener, Ontario, subject to the following conditions: 1. That the owner shall apply for and receive approval of a sign permit from the Planning Division for the addition to the sign. 2. That the owner shall remove the temporary CAA sign attached to the supporting structure of the ground supported sign closest to the driveway entrance.” Carried. Moved by Councillor K. Galloway Seconded by Councillor P. Singh “That the report of the Community & Infrastructure Services Committee be adopted.” Voted on Clause by Clause. Dealt with under Delegations and Clauses 7 and 8 - Carried, as Amended. Dealt with under delegations and Clause 10 - Carried. Carried. Balance of report – Moved by Councillor J. Gazzola Seconded by Councillor S. Davey “That the report of the Finance and Corporate Services Committee be adopted.” Mr. D. Chapman referred to Clause 6 of the report, dealing with submission of applications to extend the completion deadlines for certain projects under the Infrastructure Stimulus Fund and Recreational Infrastructure Canada Fund. He advised that staff have received further correspondence that indicates the date on which applications must be submitted is actually January 17, 2011 rather than January 31 and staff is currently assessing the implications of the shortened timeframe, with a report to come forward to Council in advance of the submission deadline. Carried The Finance and Corporate Services Committee report was then voted on and . Council then considered Item 7 a), under Unfinished Business on the Council agenda, dealing with deferral of a decision of the Committee of Adjustment to refuse Sign Variance Application, Submission No. SG 2010-015 (110 King Street East). Mayor C. Zehr noted that the applicant was not in attendance and that it was his understanding this matter was deferred to this date to allow the applicant an opportunity to further discuss the application with City staff. Mr. J. Willmer advised that staff have heard nothing further from the applicant. Mayor Zehr suggested that the matter be further referred to the January 10, 2011 Council meeting and asked that staff follow up with the applicant. Moved by Councillor K. Galloway Seconded by Councillor B. Ioannidis “That the decision of the Committee of Adjustment to refuse Sign Variance Application, Submission No. SG 2010-015 (110 King Street East), as applied for by Realax (Market COUNCIL MINUTES DECEMBER 20, 2010 329CITY OF KITCHENER - - be deferred to the January 10, 2011 Council meeting Square) Inc., , to allow further discussion of all interested parties.” Carried. Councillor Z. Janecki questioned the timing for a response from staff to the proposal presented this date by Mr. John Shortreed. It was agreed that staff’s response would be combined with a report currently being compiled on the City’s Economic Development Strategy that will come forward in early 2011. Ms. L. MacDonald, Director of Legal Services & City Solicitor, agreed to provide Council with an electronic copy of the reference plan pertaining to the by-law listed as Items 10 j) and 13 j) on the Council agenda, which provides for the establishing and laying out of part of Strasburg Road as a public highway. Moved by Councillor F. Etherington Seconded by Councillor D. Glenn-Graham “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 110 of the City of Kitchener Municipal Code re By-law Enforcement. (e) Being a by-law to exempt certain lots from Part Lot Control – Part of Block 57, Registered Plan 58M-190 – Briarmeadow Drive. (f) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (g) Being a by-law to provide for the establishing and laying out of part of Isaiah Crescent as a public highway in the City of Kitchener. (h) Being a by-law to exempt certain lots from Part Lot Control – Lots 1 to 4 inclusive and 6 to 8 inclusive, Registered Plan 58M-474 – Iron Gate Street. (i) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (j) Being a by-law to provide for the establishing and laying out of part of Strasburg Road as a public highway in the City of Kitchener. (k) Being a by-law to repeal By-law 2002-33, 2003-127 and By-law 2004-177 and repeal and replace the contents of Chapter 115 of The City of Kitchener Municipal Code regarding the Corporate Management Team with a by-law regarding the Corporate Leadership Team. (l) To confirm all actions and proceedings of the Council. And that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. COUNCIL MINUTES DECEMBER 20, 2010 330CITY OF KITCHENER - - On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor D. Glenn-Graham “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 F. Etherington Seconded by Councillor D. Glenn-Graham “That the by-laws listed on the agenda for 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. 2010-195) (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. 2010-196) (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. 2010-197) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (By-law No. 2010-198) (e) Being a by-law to exempt certain lots from Part Lot Control – Part of Block 57, Registered Plan 58M-190 – Briarmeadow Drive. (By-law No. 2010-199) (f) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (By-law No. 2010-200) (g) Being a by-law to provide for the establishing and laying out of part of Isaiah Crescent as a public highway in the City of Kitchener. (By-law No. 2010-201) (h) Being a by-law to exempt certain lots from Part Lot Control – Lots 1 to 4 inclusive and 6 to 8 inclusive, Registered Plan 58M-474 – Iron Gate Street. (By-law No. 2010-202) (i) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (By-law No. 2010-203) COUNCIL MINUTES DECEMBER 20, 2010 331CITY OF KITCHENER - - (j) Being a by-law to provide for the establishing and laying out of part of Strasburg Road as a public highway in the City of Kitchener. (By-law No. 2010-204) (k) Being a by-law to repeal By-law 2002-33, 2003-127 and By-law 2004-177 and repeal and replace the contents of Chapter 115 of The City of Kitchener Municipal Code regarding the Corporate Management Team with a by-law regarding the Corporate Leadership Team. (By-law No. 2010-205) (l) To confirm all actions and proceedings of the Council. (By-law No. 2010-206) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. Mayor C. Zehr advised that the Standing Committee meetings scheduled for Monday, January 4, 2011 have been cancelled and any items to be considered will be added either to the special Council or regular Council meeting agenda of January 10, 2011. Mayor Zehr extended good wishes to everyone in celebration of the holiday season as they spend time with family and friends. On motion, the meeting adjourned at 8:50 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER 20, 2010 332CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That the commissioning and installation of art work by the City’s 2010 Artist-in-Residence, Stefan Rose, be approved; and further, That the Mayor and Clerk be authorized to execute the Artist-in-Residence 2010 Commission Agreement with Stefan Rose in a form satisfactory to the City Solicitor, such agreement encompassing the terms set out in Community Service Department report CSD-10-076. 2. That the Uniform Traffic By-law be amended to prohibit on-street parking on the south side of stst Melrose Avenue from Krug Street to Stirling Avenue North from January 1 to March 31 each year. 3. That the Uniform Traffic By-law be amended to prohibit parking at anytime, on the east side of Joshua Street from a point 66 m north of Brisbane Drive to a point 22 m north thereof. 4. That the Uniform Traffic By-law be amended to prohibit parking at anytime on the west side of Seneca Drive between Lorne Crescent and Lorne Crescent. 5. That the Uniform Traffic By-law be amended to require a yield sign for the east bound right turn lane on Wilson Avenue at Wabanaki Drive and to prohibit parking anytime on both sides of Wabanaki Drive between Wilson Avenue and Fairway Road South. 6. That Kitchener Utilities discontinue its business rule regarding disclosure requirements for Agents, Brokers and Marketers soliciting customers for direct purchase arrangements for their natural gas provisions, effective January 1, 2011. 7. That Infrastructure Services Department report INS-10-007 (Homer Watson Pumping Station be deferred to the January 17, Tender Award and Project Status Update – Tender T10-094) 2011 Community and Infrastructure Services (CIS) Committee , to allow an opportunity for staff to prepare a supplementary report to address all concerns raised at the December 13, 2010 CIS meeting and those raised by James and Kim Huxted at the December 20, 2010 Council meeting. (Dealt with under Delegations and Carried, as Amended) 8. That Infrastructure Services Department report INS-10-008 (Homer Watson Pumping Station – be Contract Administration and Inspection Services – Consultant Purchase Order Extension) deferred to the January 17, 2011 Community and Infrastructure Services (CIS) Committee , to allow an opportunity for staff to prepare a supplementary report to address all concerns raised at the December 13, 2010 CIS meeting and those raised by James and Kim Huxted at the December 20, 2010 Council meeting. (Dealt with under Delegations and Carried, as Amended) 9. That Demolition Control Application DC10/13/H/ATP requesting permission to demolish one single detached dwelling located at 771 Huron Road, owned by Deerfield Homes Limited, legally described as PT LT 158 GERMAN COMPANY TRACT KITCHENER PTS 1 & 3, 58R6298, be approved without conditions. 10. That Demolition Control Application DC10/10/O/ATP requesting permission to demolish one single detached dwelling located at 215 Old Carriage Drive, owned by Karen Spencer and John Czako, legally described as PT LT 3 BIEHN'S TRACT KITCHENER, be approved without conditions. (Dealt with under Delegations and Carried, Unanimously) 11. That the request for temporary occupancy to permit a duplex use at 123 Victoria Street North be approved, subject to the conditions outlined in Community and Infrastructure Services Department report CSD-10-075. COUNCIL MINUTES DECEMBER 20, 2010 333CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That authority be delegated to the City’s Treasurer and/or Deputy Treasurer to execute all banking agreements satisfactory to the City Solicitor. 2. That subject to the applicant entering into an agreement with the City including certain take no action to conditions of operating a licensed establishment as set out below, Council oppose the application for a liquor license for Little Bean Coffee Bar located at 417 King Street West, Kitchener, applied for by Charmaine Ramkalawan (herein referred to as the “Applicant”); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should she be willing wherein the applicant agrees to abide by the following conditions and to request they be added to her 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 Area’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). 3. That subject to the applicant entering into an agreement with the City including certain take no action to conditions of operating a licensed establishment as set out below, Council oppose the application for a liquor license for Lovenest African Restaurant located at 183 King Street East, applied for by Daniel Berhe (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 Area’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 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). 4. That subject to the applicant entering into an agreement with the City including certain take no action to conditions of operating a licensed establishment as set out below, Council oppose the application for a liquor license for Firkin at The Tannery located at 121 Charles St. W., Unit 30 applied for by Today’s Great Restaurant Company Inc. (herein referred to as the “Applicant”); and further, COUNCIL MINUTES DECEMBER 20, 2010 334CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 4. (Cont’d) That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing where the applicant agrees to abide by the following conditions and to request they be added to their 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 Area’s License and Entertainment Committee and attend its meetings; 3. to abide by a set 70% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 70% of gross refreshment sales; 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City 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). 5.That the purchase of the GE Firewatch #600-1001-CN be approved from a single source provider, namely Chubb-Edwards a UTC Fire and Security Company (formerly GE Security) for Residential Alarm Monitoring. 6. That applications be submitted to extend completion deadlines from March 31, 2011 to October 31, 2011 for the following Infrastructure Stimulus Fund and Recreational Infrastructure Canada Fund projects: McLennan Park Development; Upgrades to Harry Class Aquatic Facility; Upgrades to Wilson / Kingsdale Aquatic Facility; and further, That, for projects receiving deadline extensions, the City of Kitchener acknowledge that the projects will be completed and costs incurred after October 31, 2011 (if any) will be the City’s sole responsibility. COUNCIL MINUTES DECEMBER 20, 2010 335CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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.FCS-10-012 – Applications for Cancellation, Refund, Reduction of Taxes Dealt with under Delegations. 3.FCS-10-008 – Encroachment Agreement – 217 King Street West Council considered Finance and Corporate Services Department report FCS-10-008 (J. Sheryer), dated December 9, 2010. It was resolved: “That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the tenant or property owner(s) and any mortgagee(s) of the property municipally known as 217 King St. W. (PIN 22427-0024) to legalize the proposed projecting sign and metal support bracket which will encroach approximately 1.30m, more or less, over the City’s King St. W. road allowance.” 4.FCS-10-013 – Encroachment Agreement – 321-323 Duke Street West Council considered Finance and Corporate Services Department report FCS-10-013 (J. Sheryer), dated December 14, 2010. It was resolved: “That subject to obtaining all necessary approvals, the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) and any mortgagee(s) of the property municipally known as 321-323 Duke St. W. (PIN 22319-0120) to legalize the existing building which encroaches approximately 0.65m, more or less, on the City laneway road allowance for a length of approximately 29m and an existing hedge which encroaches approximately 1.3m, more or less, on the City laneway road allowance for a length of approximately 12m.” 5.FCS-10-003 – Sign Variances – 296 Frederick Street, 1830 Strasburg Road, 105 King Street East / 11 Benton Street and 654 Fairway Road South Dealt with under Delegations. 6. FCS-10-015 – Appointment to Kitchener Public Library Board Council considered Finance and Corporate Services Department report FCS-10-015 (R. Gosse), dated December 15, 2010, concerning an appointment to the Kitchener Public Library Board. Nominations for Tim Blundon, Claude Schneider and Len Carter were put forward and by majority vote of Council, Tim Blundon was chosen for appointment. COUNCIL MINUTES DECEMBER 20, 2010 336CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 6. FCS-10-015 – Appointment to Kitchener Public Library Board (Cont’d) It was resolved: “That Tim Blundon be appointed to the Kitchener Public Library Board for the term December 1, 2010 – November 30, 2014.” 7.FCS-10-016 – Reference to title and position of General Manager deemed reference to title Deputy Chief Administrative Officer Council considered this date Finance and Corporate Services Department report FCS- 10-016 (L. MacDonald) regarding a by-law to ensure references to the former titles and positions of General Managers will apply to Deputy Chief Administrative Officers. It was resolved: “That any reference to the title and position of General Manager in a City of Kitchener By-law, Chapter, policy or resolution is hereby deemed to be a reference to the title and position of Deputy Chief Administrative Officer.”