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HomeMy WebLinkAboutCouncil - 2011-03-28COUNCIL MINUTES MARCH 28, 2011 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 Krystal Wolfe, King School of Vocal. On motion by Councillor K. Galloway, the minutes of the regular meeting held March 7, 2011 and special meetings held March 1, 7 & 21, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Ms. J. Ouellette, Facilitator of Volunteer Resources, together with Edward Jordan and Debra Schiedel, Student Interns, presented an overview of Earth Day 2011 celebrations, highlighting planned events geared toward community spring cleaning and litter pickups. It was noted that the City had already participated in Earth Hour on March 26, being an initiative originally launched in Australia to raise awareness to climate change and encourages everyone to turn off their lights for 1 hour during the evening. Earth Day 2011 will be officially celebrated on April 22 and recipients of 2011 LEAF grants will be announced during the week of April 11-19. Mr. John MacDonald, Architect, Ms. T. Beaulne, Social Planning Council, and Ms. Janice Ouellette, Facilitator of Volunteer Resources, presented information on the 2011 Festival of Neighbourhoods, the focus of which is to recognize the achievements of neighbours who encourage individuals and families to build stronger neighbourhood relationships and celebrate our community. This year's theme is "Think Neighbourhood in Any Season" and citizens may register their neighbourhood with the Festival and plan activities, events or projects in their neighbourhoods that will bring people together in an all-inclusive way. A $10,000. capital community grant is presented by the City to the winner of the draw from all eligible entries. Mr. MacDonald announced that Councillor K. Galloway, Ward 5, was the winner of the 2010 Ward Challenge, in which City Councillors are encouraged to help citizens in their respective wards to register an event. Mr. MacDonald encouraged members of Council to again participate in the Ward Challenge and advised that Councillors will be notified of activities in their respective Wards. Council considered a decision of Heritage Kitchener to refuse Heritage Permit Application HPA-2010- V-022 (215 Old Carriage Drive) for construction of a new duplex, listed as Item 7 a) under Unfinished Business. This matter was deferred to this date to allow further review of the revised drawings with City staff and members of Heritage Kitchener. Ms. Karen Spencer, applicant, attended to advise that she had been unsuccessful in reaching a compromise with Heritage Kitchener concerning the design of the proposed dwelling. She stated that her primary residence will be next door to the subject property and she does care about the neighbourhood. The intent is to demolish the existing structure at 215 Old Carriage Drive and rebuild. She noted that semi-detached homes are located behind the property, a community trail is adjacent and a 6-storey high-rise can be viewed from the other side of the property. She advised that the GRCA has given approval for the demolition and have no concerns regarding the floodplain; and a minor variance application was approved by the Committee of Adjustment as it relates to having frontage on a street. Council approved a demolition application, following which designs for the new building were reviewed. Ms. Spencer noted that the original design drawings were not approved by Heritage staff and were revised in consultation with Heritage staff and the Heritage Committee representative for the Doon community. She added that the design, as revised, was accepted by all parties and complies with Zoning By-law regulations. A request for approval of the building design was considered by Heritage Kitchener in November 2010 which she had not attended due to a scheduling mishap but was of the understanding their concerns related to the height of the proposed dwelling. She advised that due to the slope of the property the building view is 3 storeys at the front of the property and 2 storeys at the back, and maintained the design is consistent with other buildings in the area for which she provided several photographic examples. She pointed out that this property is not on Doon Village Road and is barely visible to Doon Village Road. Ms. Spencer asked that the designs presented to Heritage Kitchener on November 10 be approved. In response to Councillor J. Gazzola, Ms. Spencer clarified that she had consulted with Heritage staff and the Heritage Kitchener Committee representative for the Doon community, who had approved the plans; whereas, Heritage Kitchener denied the application based on height and design of the proposed structure. Councillor Y. Fernandes questioned why the structure is referred to as 2 storeys when it has an appearance of 3 storeys. Ms. Spencer advised that most homes having awalk-out basement are COUNCIL MINUTES MARCH 28, 2011 - 68 - CITY OF KITCHENER configured to a backyard slope but due to the geographical topography of the subject property, the slope is to the front; and therefore, the design provides for awalk-out basement to the front of the property. Councillor Fernandes questioned why the design is not more in keeping with the rural character of the Heritage Conservation District (HCD). Ms. Spencer responded that clarification is required, advising that she had subsequently met again with staff, and the Doon community representative, as well as another member of Heritage Kitchener; the two of which had varying opinions. Ms. Spencer stated that her preference was to compromise; however, she was at a loss given the opposing views of the Committee representatives. Accordingly, she had made the decision to come back to Council to seek approval of the designs presented in November 2010. Councillor Z. Janecki questioned what heritage characteristics were included in the building design and Ms. Spencer advised that the windows and shutters had been modified to reflect a heritage design. Ms. Spencer also stated that the location is not in the HCD but is able to be viewed from Doon Village Road which is part of the HCD. She added that the proposed use of the new dwelling is as a rental property to which she gave assurance it was her intent to properly maintain. Mr. Don Pagett, resident, raised concerns that the intent of the HCD plan for Upper Doon is being jeopardized by changing the rural characteristics. He pointed out that the plan calls for new buildings to be compatible with the historical village of Doon, suggesting the design of the proposed building does not meet this criteria. He advised that over 70 persons had signed a petition against this application believing it will weaken their neighbourhood. He raised concerns that the intent is to rent the new building to students which may give rise to disruptive activities in the neighbourhood. He suggested that the objective of the HCD plan is to maintain primarily single family dwellings; whereas, the proposed building will have 8 bedrooms which does not suggest a single family use. He added that the style of buildings is not to be elaborate and should be of similar height, to a maximum of 10.5 m, as set out in the HCD plan. Mr. Pagett stated that the applicant, in conversation with other neighbours, gave indication that they are determined to build a student residence. Mr. Pagett maintained that a change from single dwelling to an apartment building will adversely change this neighbourhoods' way of life. Mr. Chris Pudel, resident, commented that once approved there is no going back in terms of changing the landscape. He questioned if an analysis was conducted on the water table for the creek running behind the property and the impact of the proposed construction to area homes that already have problems related to flooding in their basements. He suggested that the heritage designation does not stem from the view of the home from Doon Village Road but rather comes from a 150-year old farmhouse on the property. He also agreed that single family dwellings should be maintained and noted that there is a history of problems related to the current property which has been rented to students. Councillor Y. Fernandes questioned that given the property has been rented for student housing if the property has been maintained in a historical fashion. Mr. Pudel stated that part of the property cannot be maintained as it sits in the floodplain, adding that the students park on Old Carriage Drive, increasing parking and traffic on the street. He also suggested that moving the foundation for the new building closer to the community trail will change the view for residents backing onto the property, who bought their homes because of the views of green space. Councillor K. Galloway questioned if zoning regulations permit a duplex use at this location and Mr. J. Willmer advised the use is permitted, with only a minor variance approval required to deal with frontage on a street. Councillor B. Vrbanovic questioned what avenues of appeal are open to the applicant. Mr. Willmer advised that if Council accepts Heritage Kitchener's decision to refuse the application, the applicant may appeal Council's decision to the Ontario Municipal Board (OMB). He added that if Council chooses to approve the application, Council's decision is final unless the applicant chooses to appeal to the OMB on the basis of the terms and conditions. Mr. Jeff Oja, resident, asked that the design of the home be made to fit with the neighbourhood characteristics, suggesting that the impact to views of the proposed dwelling would not be known until constructed, which will be too late. He stated that 3 storeys is not representative of other homes in the area and those walking on the community path will be negatively impacted by the proposed structure. He asked that the HCD plan be supported, stating that the property has not been well maintained and suggested that the larger building may result in more maintenance issues. Mr. Hank Stronks, resident, presented a video showing the view of the area from his home to the subject property. He asked that Council revisit the decision of the Committee of Adjustment to approve the minor variance, suggesting the process lacked credibility in that, the Chair had stated at COUNCIL MINUTES MARCH 28, 2011 - 69 - CITY OF KITCHENER the outset that the City had agreed with the proposed design and had decided to move forward with the plan. He stated that no consideration was given to pedestrian safety and while Traffic staff has no concerns, there is no plan to pave the road or install street lighting. He noted that the lane is narrow, raising concerns regarding emergency vehicle access, as well as safety to the general public that use the lane as a cross-over access. He suggested that if the permit application is to be approved, it should be for the same square footage as the existing dwelling and within the HCD height restrictions. Councillor Z. Janecki pointed out to the delegation that Council has no jurisdiction to review the Committee of Adjustment's decision as the avenue of appeal for the minor variance application is to the OMB. A motion by Councillor Y. Fernandes, seconded by Councillor Z. Janecki, was brought forward to endorse Heritage Kitchener's decision to refuse the Heritage Permit Application for construction of a new duplex dwelling on the subject property. Councillor Z. Janecki opposed the application on the basis that the design is out of character with the Upper Doon HCD policies. Mayor C. Zehr requested clarification of the issue related to the HCD. Mr. Willmer advised that the applicant's residence, which is next door to the subject property, is not within the HCD; whereas, the subject property itself is in the HCD. Councillor P. Singh questioned if lodging is a permitted use. Mr. Willmer advised that lodging is not a permitted use; adding that rental to students would be no different to any other rental property. Councillor B. Vrbanovic questioned if the application is refused if the applicant would still have opportunity to bring back another proposal. Mr. Willmer advised that the applicant may appeal a decision to refuse the application to the OMB and suggested that a refusal would end the process for Council in terms of this application. He added that if it is Council's intent to give an indication that they are amenable to considering an amended application that direction should be given by resolution to the effect that if the applicant wishes to pursue a different design, Council is open to considering it. A motion by Councillor B. Vrbanovic, seconded by Councillor K. Galloway, was brought forward to amend Councillor Fernandes' motion to provide that in addition to endorsement of Heritage Kitchener's decision to refuse the Heritage Permit application, indication be given that the applicant may amend the application in order to comply with the policies of the Upper Doon Heritage Conservation District Plan and re-submit a revised application for consideration without incurring any further fees. Councillor J. Gazzola requested clarification as to the reasons staff agreed with the revised design and raised concerns that the proposed amendment is similar to the route already taken in deferring the application to this date. Mr. Willmer advised that a staff report was brought forward in November 2010 which was considered by Heritage Kitchener and which outlines the rationale of staff. He reiterated that ongoing discussions with staff, the applicant and the Upper Doon citizen representative for Heritage Kitchener resulted in revisions to the original design that were acceptable to staff but not to the Heritage Kitchener Committee. Councillor Gazzola questioned that if the matter goes to the OMB if this creates a situation where Council's decision and staff's position is in opposition. Mayor Zehr advised that this would be the case and would require outside Legal counsel to represent the City should the matter go to a hearing. Councillor Gazzola requested clarification that the purpose of deferring the matter to this date was to allow further deliberation and resolution of the issues. Mr. Willmer stated that was correct; however, in the discussions that followed, the two Committee representatives' opinions went in separate directions and it became clear that both could not be satisfied. As a result, the applicant made a decision to come to Council for a decision on the design as presented in November 2010. Councillor Z. Janecki raised a Point of Order concerning the proposed amendment on the basis that it was his opinion the amendment is contrary to the intent of the original motion. He suggested that the original motion should be voted on firstly and, in the event it failed to pass, a subsequent motion could then be brought forward. Mayor C. Zehr ruled that the amendment may proceed as it still provides for refusal of the Heritage Permit application which is the intent of the original motion, while leaving opportunity for the applicant to revisit their design to determine if it can come into compliance. Councillor Z. Janecki challenged the Mayor's ruling. Mayor C. Zehr put the following question to the Council: "Will the ruling of the Mayor be sustained?" The ruling of the Mayor was sustained by a majority vote of the Council. COUNCIL MINUTES MARCH 28, 2011 -70- CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA-2010- V-022 to permit the construction of a new duplex dwelling at the property municipally addressed 215 Old Carriage Drive, in accordance with the plans submitted with the application, be refused; and further, That notwithstanding Council's refusal of Heritage Permit Application HPA-2010-V-022 (215 Old Carriage Drive), the applicant may amend the application in order to comply with the policies of the Upper Doon Heritage Conservation District Plan and re-submit a revised application for consideration without incurring any further fees. " A recorded vote was requested. In favour: Mayor C. Zehr and Councillors B. loannidis, K. Galloway, S. Davey, B. Vrbanovic, F. Etherington and P. Singh. Contra: Councillors J. Gazzola, D. Glenn-Graham, Z. Janecki and Y. Fernandes. Motion Carried. Mr. Wayne Meagher, Miller Thomson LLP, attended on behalf of his clients, Stephen and Susan Perrin, concerning a decision of the Committee of Adjustment regarding Fence Variance Application, FN 2011-001 (29 Perkell Place); listed as Item 7 c) under Unfinished Business. Mr. Meagher reiterated his comments of March 7 in support of the application and in response to concerns raised by the neighbouring property owner at 35 Perkell Place. He also circulated this date a copy of a photograph originally included in the submissions from 35 Perkell Place to the Committee of Adjustment but which was not presented to Council on March 7, as noted in his written submission dated March 28, 2011. The photograph shows a snow bank to a height of 17' on the property of 35 Perkell Place and Mr. Meagher noted that the owner had not noted this as a safety concern. Mr. Meagher also indicated that a petition had been signed in support of the fence by 16 neighbouring property owners. He further advised that Council was to hear from 35 Perkell Place this date that the Perrin's did not build the fence spontaneously but rather had a contractor construct the fence. He suggested that this is irrelevant to the decision making process and reiterated that all Planning Act requirements have been met, City staff is in support of the minor variance application and no other commenting agencies had any concerns. Mr. Meagher advised that his clients are requesting that the fence be approved as it exists without alteration. Councillor F. Etherington requested clarification of Mr. Meagher's presentation noting that it was his understanding a solution between the two property owners was to be brought back this date. Mr. Meagher stated that because all tests for a minor variance have been met and all commenting agencies are in the Perrin's favour, they believe that there is no basis to deny his clients' request and that is why they are requesting a vote on the basis of the planning issue. He added that if defeated, his clients are prepared to take the matter to an Ontario Municipal Board (OMB) hearing. Councillor B. Vrbanovic questioned if the property owner had in fact built the fence on their own. Mr. Meagher advised that they had built the fence with the help of a friend. Councillor Vrbanovic questioned staff as to the avenue of appeal in this matter. Mr. J. Willmer advised that fence variance applications are dealt with under the Municipal Act and there is no appeal to Council's decision which will be final in this matter. Mr. Meagher advised that his clients' will pursue any alternative option they may have if their request is not approved. Messrs. Mark Horton and Brad Tupman attended in opposition to the decision of the Committee of Adjustment concerning the fence at 29 Perkell Place. Mr. Horton advised that he had provided a written submission for Council's consideration this date and maintained that Mr. Tupman's concerns have always been about safety and that they believe their concerns are valid. He added that they do not find the fence unsightly but rather oversized and referred to a suggestion in his written submission as to how the fence might be modified in a cost effective manner. The modification would essentially remove the lattice and the upper /lower stringers without altering or affecting the main lower portion of the fence panels. He suggested that the request to modify the fence is not unreasonable and COUNCIL MINUTES MARCH 28, 2011 - 71 - CITY OF KITCHENER presents a compromise that allows the fence to remain in its present location but with a slight change to its configuration. In response to questions, Mr. Horton advised that his proposed modification would result in the panel closest to the street being at a maximum height of 37", which is just 1" over the regulated height. Councillor S. Davey advised that staff had taken measurements of the fence in response to Council's request on March 7 and had provided him with the following measurements for consideration of approval: 1.524m (5'); 1.3m (4.2'); and 1.1 m (3.4'). Mr. J. Willmer pointed out that the measurements also included figures pertaining to the distance of each fence panel from the front property line to ensure the fence remains in its existing location and does not come any closer to the street. Councillor Davey provided the distance measurements for each of the 3 panels at: 8.9m; 7.07m; and 5.18m. Councillor Z. Janecki requested clarification as to the reasons for increasing the height measurements from that of the Committee of Adjustment decision. Councillor Davey advised that the minor increase in height is to allow alteration to the fence without impact to the lower fence boards. Councillor Janecki stated that while he understood the rationale in respect to this application, it should be noted that the applicant did construct the fence without regard to by-law requirements. Moved by Councillor S. Davey Seconded by Councillor B. Vrbanovic "That the application of Stephen & Susan Perrin (FN 2011-001 - 29 Perkell Place) requesting permission to alter an existing wooden privacy fence located in the front yard, such that the first section of the fence, starting at the front wall of the house, will have a height of 1.524m (5') to the top of the post plus a fence post cap and shall be no closer than 8.9m (29.2') from the front lot line; the middle section to the fence will have a height of 1.3m (4.2') to the top of the post plus a fence post cap and shall be no closer than 7.07m (23.2') from the front lot line; and the third portion of the fence closest to the street, will have a height of 1.1 m (3.4') to the top of the post plus a fence post cap and shall be no closer than 5.18m (17') from the front lot line; rather than the permitted height of 0.9 m (2.95'), on Lot 67, Plan 841, 29 Perkell Place, Kitchener Ontario, BE APPROVED." Carried Unanimously. Ms. Anna Maste, Victoria Park Neighbourhood Association (VPNA), attended in support of the recommendation to award Expression of Interest E11-007 (Consultant Services for Victoria Park Lake improvements). Ms. Maste stated that the opinions of certain citizens and some members of Council that this project only benefits those living around the park were wrong. She spoke of the 4 main tributaries that feed into the park from the west side of the City, pointing out that the sediment and garbage filtering into the lake comes from other areas upstream. She expressed concerns that the Environmental Assessment (EA) process, which had included extensive public consultation and had received unanimous consent of the previous Council, could potentially be invalidated. Ms. Maste asked that the award for consultant services be approved to allow the project to move forward. Mr. Bob Sharpe, Victoria Park Working Group, also spoke in support of proceeding with the award for consultant services, advising the group has trust in the thoroughness of the EA process and hopes to make further contribution toward its successful implementation. He acknowledged that the project requires substantial funding during a time when there is much talk of cutting taxes; however, he maintained the project falls in line with citizen expectations that clearly hold the environment as a high priority and which should be a priority of this Council. Ms. Aimee Polevoy also spoke in support of proceeding with the award for consultant services and on behalf of her Mother who resides in Ward 8. A creek in the area of Westmount Road runs behind her mother's townhouse complex and is in need of clean-up of refuse stemming from a commercial area. It was suggested that the grassy area alongside the creek be allowed to grow to a height that would prevent collection of garbage and that a nearby food store be required to ensure their carts remain on their property instead of ending up in the creek. Ms. Polevoy stated that she lives near Victoria Park and was in agreement that refuse does filter into the lake from other areas of the City and if this project does not go forward the problem will only get worse in future. Ms. Cheryl Evans, resident, advised that she backs onto the Iron Horse Trail which is close to Victoria Park and she enjoys using the park. She acknowledged the complexities and need to prioritize COUNCIL MINUTES MARCH 28, 2011 - 72 - CITY OF KITCHENER projects and that the decision as to the best course of action rests with the City. She advised that she currently works in the capacity of Storm Water Management (SWM) education for the Residential Energy Efficiency Project CREEP), and will be working in partnership with the City and the GRCA to bring awareness to practical initiatives that the average citizen can undertake to improve their impact as it relates to SWM. She added that a `Downtown SWM Walk' is being hosted on May 18 by REEP and the VPNA to allow citizens to see the opportunities and the challenges associated with the river system and to educate as to ways in which they can help to improve the quality and quantity of the water system. Councillor J. Gazzola requested clarification as to what the $550,000. for internal expenses is to be used for. Mr. G. Murphy, Director of Engineering Services, advised that these funds are to cover numerous staff's time who will be involved in work related to the detailed design and / or the remediation work itself, over the course of the next 2 years. Mr. Murphy added that the scope of the Expression of Interest is for the first phase which involves only the lake improvements. Councillor Gazzola questioned where the 7 items identified for enhancements to the Park is to be funded from. Mr. Murphy advised that these items are identified in the Victoria Park Strategic Plan and monies have been set aside in the Community Services Department's Parks budget specifically for this work. Councillor Z. Janecki advised that while he is supportive of the intent to improve the Victoria Park lake system, he was concerned that the Consultant has been directed to proceed on the basis of preferred Alternative 3 which is the most expensive option; whereas, Alternative 5 appears to be the most economical and cost effective yet there is no analysis in terms of costs. Mayor C. Zehr pointed out that the matter under discussion deals only with the contract award for consultant services and not the project itself. He commented that regardless of whether a member of Council favours the preferred alternative or not, or any other alternative, the project has been approved in a particular way and the matter at hand is only to deal with selection of a consultant. He added that Council may choose how they will vote on the award of the contract but raising the issue of one option over another in respect to this project is out of order at this time. Councillor Janecki acknowledged Mayor Zehr's comments; however, he stated that he felt strongly that the preferred alternative is the wrong direction for this project and that he was not prepared to support the award of the contract based on going forward with design of the most expensive alternative. Councillor F. Etherington suggested that a review of options would require a reconsideration of Council's decision and he had concerns with going back on the work of staff and the surrounding neighbourhoods that has been done over the past number of years. Councillor B. Vrbanovic spoke in support of going forward, pointing out that the Park is the single most significant asset known in this community and Council heard strongly from citizens throughout the community that they want the lake improvements done. He pointed out that there had been opportunity for interested parties to appeal the EA but no appeal was lodged and as the project is now at a critical junction he hoped the majority of Council would support award of this contract to ensure the lake is looked after. Councillor Y. Fernandes questioned why pricing for all bids submitted were not included in the staff report; whereas, tender reports include this information. Mr. L. Gordon advised that this type of award is not price based, with pricing obtained only from the short list of bidders and representing about 25-40% of the overall evaluation. Mayor C. Zehr added that whereas tenders are based solely on price, this type of contract award is based on a set number of criteria. Councillor Fernandes questioned if all pricing could be included in future for this type of award. Mayor Zehr advised that this would have to be done in the context of all Requests for Proposals and be considered at a future Committee meeting. Councillor S. Davey questioned if the 7 items referred to for enhancements of the park will come back for Council's consideration. Mr. G. Murphy advised that these items will be culminated in the detailed design phase and as they are tendered, Council will have opportunity to review the tender results. Councillor F. Etherington questioned the impact if award of this contract is delayed. Mr. Murphy advised that a delay of more than 1 to 2 months would negatively impact staff's ability to deliver construction in November 2011. He pointed out that the work entails an ambitious schedule with the majority of the rehabilitation work to take place over the 2011-2012 winter season. COUNCIL MINUTES MARCH 28, 2011 - 73 - CITY OF KITCHENER Moved by Councillor J. Gazzola Seconded by Councillor F. Etherington "That Expression of Interest E11-007, Consultant Services -Victoria Park Lake Improvements, be awarded to Stantec Consulting Ltd., Kitchener, Ontario at their estimated fee of $632,475.46 plus contingencies of $63,247.55. and H.S.T. of $90,443.99, for a total of $786,167., 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." A recorded vote was requested. In favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. loannidis, Y. Fernandes, K. Galloway, S. Davey, B. Vrbanovic, F. Etherington and P. Singh. Contra: Councillor Z. Janecki. Motion Carried. Ms. Alana Freiburger, Co-Chair, Tri-Pride Community Association Inc., attended in opposition to Clause 13 of the Community Services Committee report, dealing with the process for approval of events and noise exemptions in Victoria Park. Ms. Freiburger advised that Tri-Pride hosts an annual Pride Festival which is a week-long event, culminating in an outdoor music festival held on the interior island of Victoria Park lake. Notwithstanding the proposed by-law provides for a reprieve in 2011, Tri- Pride is concerned that use of the island will not be permitted in 2012 and suggests the by-law caters to only a small population. She acknowledged the right of area residents to live peacefully but suggested that noise is one of the downfalls of living near a public park. She pointed out that Tri- Pride's event does not emanate music into the late evening hours but rather is held on a Saturday from 12 noon to 7:00 p.m. She stated that Tri-Pride has evaluated their budget and if required to move their event to the Commons area of the park, the Association believes they will be bankrupt within 2 years time. Ms. Freiburger acknowledged that if the event continues to grow it will eventually have to move; however, they would like to do so organically and solvently. Councillor D. Glenn-Graham requested clarification of the concerns regarding the costs to move to the Commons area. Ms. Freiburger advised that the issue relates primarily to costs associated with fencing for the event, noting that the island provides a natural fence. She stated that if they are required to move to the Commons area they will have to fence the entire area and will also have to provide a stage. In response to Councillor F. Etherington, Ms. Freiburger advised that approximately 3,000 to 3,500 attend the Saturday festival over the course of the day and it was her opinion that those in the park not attending the festival would be more curious to find out what is happening than be bothered by the noise. She added that no one living adjacent to the park or in the surrounding area has objected to their festival and the Association has received comments that they want them to stay. Councillor Etherington referred to damage done to the island and the costs to the City to undertake repairs, including replacement of the grass. Ms. Freiburger suggested that replacement of grass would occur in either location. Mayor C. Zehr commented that the by-law still permits use of the island in 2011 which provides time for the group to reset their plans for 2012 and beyond; and the by-law also has similar effect to the Multi-Cultural Festival. Councillor J. Gazzola questioned if there is opportunity for the group to go beyond 2012 in respect to use of the island. Mayor Zehr advised that a request would have to come to Council, but noted that staff has been working with both groups and if a concern arises they could review the situation again. Councillor Etherington pointed out that the issue of moving the festivals has been discussed with this group since 2009 and is not something that has just come to light. He commented that the by-law is a compromise solution to allow the group time to prepare for a move. COUNCIL MINUTES MARCH 28, 2011 - 74 - CITY OF KITCHENER Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That Clause 13 of the Community Services Committee report of this date be adopted." Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That Tender T11-002, Road and Surface Construction, be awarded to E & E Seegmiller Limited, Kitchener, Ontario at their reduced tendered price of $2,093,185.00., including provisional items and contingencies of $150,000.00, plus H.S.T. of $272,114.05, for a total of $2,365,299.05., and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Recorded Pecuniary Interest and Abstention Councillor P. Singh as he has interests in properties in the area. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That Expression of Interest E11-005, Consultant Services -Road Reconstruction /Roads Program / Geotechnical Investigation /Design /Material Testing, be awarded to LVM Inc., Kitchener, Ontario at their estimated fee of $227,795.00, plus H.S.T. of $29,613.35, for a total of $257,408.35., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Recorded Pecuniary Interest and Abstention Councillor P. Singh as he has interests in properties in the area. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That Proposal P10-134 Playground Construction -Five (5) Parks, be awarded as follows: Existing Parks: • Admiral Park to Crozier Enterprises Ltd., Toronto, Ontario, at their proposed price of $19,997.00, plus H.S.T. of $2,599.61, for a total of $22,596.61; and, New Parks: • Country Stone Park to PlayPower LT Canada Inc., Paris, Ontario at their proposed price of $48,296.45, plus H.S.T. of $6,278.54 for a total of $54,574.99; and, • West Meadow Park to PlayPower LT Canada Inc., Paris, Ontario at their proposed price of $44,993.65 plus H.S.T. of $5,849.17 for a total of $50,842.82; and, COUNCIL MINUTES MARCH 28, 2011 - 75 - CITY OF KITCHENER • Michael Donnenwerth Park to New World Park Solutions, Brantford, Ontario at their proposed price of $40,000., plus H.S.T. of $5,200.00 for a total of $45,200.00; and, • Deer Ridge Park to PlayPower LT Canada Inc., Paris, Ontario at their proposed price of $39,364.72, plus H.S.T. of $5,117.41, for a total of $44,482.13." - and - "That Tender T11-015 Two (2) Self Contained Medium Production Pressure Mud-Jack Pumps, Mixer Combination, be awarded to Pioneer North Concrete Raising Inc., Ariss, Ontario, at their tendered price of $129,600., plus H.S.T. of $16,848.00, for a total of $146,448." - and - "That Tender T11-011 -Microsoft Enterprise Licensing, be awarded to CDW Canada Inc., Etobicoke, Ontario, at their adjusted tendered price of $955,847.16, plus H.S.T. of $124,260.13, for a total of $1,080,107.29 for a three year term with an option to renew for one (1) additional three (3) year period; and further, That the Director of Supply Services be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor K. Galloway Seconded by Councillor B. Vrbanovic "That Clauses 9 and 10 of the Community & Infrastructure Services Committee report of this date be adopted." Carried. Recorded Pecuniary Interest and Abstention Councillor P. Singh as he has interests in properties in the area. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That the balance of the Community & Infrastructure Services Committee report, excluding Clauses 9 and 10, be adopted." Council considered a memorandum (R. Willms), dated March 24, 2011, in regard to Clause 8 of the report, advising that the grant amount requested by the Centre for Community Based Research has been amended to $4,933. ($3,183. cash; $1,750 in-kind). Mr. R. Regier noted that the additional information provided states that Economic Development will fund $1,500 of the total grant amount from the Economic Development Grant Fund and requested that the funding source be changed to the Economic Development Marketing budget. Voted on Clause by Clause Clause 8 -Carried, as Amended. Clause 13 -Dealt with under Delegations, and Carried. Balance of report, excluding Clauses 9 & 10 -Carried. Moved by Councillor J. Gazzola Seconded by Councillor S. Davey "That the report of the Finance and Corporate Services Committee be adopted." COUNCIL MINUTES MARCH 28, 2011 - 76 - CITY OF KITCHENER At the request of Councillor J. Gazzola, it was agreed to amend Clause 2 of the report, dealing with natural gas rates, to include the increase in fees to $0.66 per day from $0.62 per day for the daily fixed charge for Rate M1 customers. Voted on Clause by Clause Clause 2 -Carried, as Amended. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington "That the report of the Planning & Strategic Initiatives Committee be adopted." Carried. Moved by Councillor Z. Janecki Seconded by Councillor B. loannidis "That the report of the Audit Committee be adopted." Carried. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the report of Heritage Kitchener be adopted." Carried. Mayor C. Zehr advised that Item 7 b) under Unfinished Business, dealing with a decision of the Committee of Adjustment to refuse sign variance application, Submission No. SG 2010-015 (110 King Street East), has been withdrawn in accordance with correspondence received from the applicant, triOS College, dated March 28, 2011. Council considered Finance and Corporate Services Department report FCS-11-071 (L. MacDonald), dated March 24, 2011 concerning Item 7 d) under Unfinished Business, which deals with delegation of signing authority for releases pertaining to awards of damages, satisfaction of claims, lawsuits, recovery of insurance proceeds and costs. Staff is now recommending that the amount of the awards subject to the delegated authority be limited to $25,000 or less. Moved by Councillor K. Galloway Seconded by Councillor D. Glenn-Graham "That the Chief Administrative Officer and the Deputy Chief Administrative Officers are hereby authorized to execute any Releases pertaining to awards of damages, satisfaction of claims, lawsuits, recovery of insurance proceeds and costs where the award is $25,000. or less; said Release documentation must be to the satisfaction of the City Solicitor." Carried. Councillor B. Vrbanovic gave notice that he would introduce a motion this date, listed as Item 8. a) under New Business, in support of the Federation of Canadian Municipalities' (FCM) request to the Federal government to release regulations pertaining to the use of mercury in Compressed Fluorescent Lamps (CFCs) and waste management of CFCs. Councillor Vrbanovic advised that the concern is that if regulations are not in place consumers may dispose of this product through municipal and private waste services, ending up in landfill sites and increasing the risk of contaminating these sites with mercury. Councillor Vrbanovic also circulated for information this date, the FCM "Summary of the National Board of Directors and Standing Committee Meetings, March 2-5, 2011 ". COUNCIL MINUTES MARCH 28, 2011 - 77 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey "WHEREAS the Federal Government has committed to prohibit mercury in all products except for Compressed Fluorescent Lamps (CFCs) and dental amalgam; and, WHEREAS the Federal Government has further committed to implement full Extended Producer Responsibility for the waste management of CFCs by the industry; and, WHEREAS if the Federal Government does not have this program in place nationally in a timely and effective manner, consumers may dispose of this product through municipal and private waste services, with the product ending up in landfill sites and increasing the risk of contaminating these land fill sites with mercury; and, WHEREAS the release of this contaminant must not be allowed to continue anywhere in the country; THEREFORE BE IT RESOLVED that the City of Kitchener supports the Federation of Canadian Municipalities (FCM) in their request that the Federal Government release both regulations, being the Regulations Respecting Products Containing Certain Substances Listed in Schedule1 to the Canadian Environmental Protection Act, 1999 and Extended Producer Responsibility Regulation as expeditiously as possible; and, BE IT FURTHER RESOLVED that a national Extended Producer Program for CFCs be in place and operational as a matter of clear priority; and, BE IT FURTHER RESOLVED that the City of Kitchener, together with FCM urge the Federal Government to consult with those provinces, territories and municipal associations that have had experience in designing and implementing full EPR programs as good guidance in developing its own regulation and direction, for the implementation, management and enforcement of EPR for CFCs; and, BE IT FINALLY RESOLVED that this resolution be shared with the Regional Municipality of Waterloo who locally owns and operates the local landfill, local municipalities within the regions, the 4 local MP's and the Federation of Canadian Municipalities." Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date, being two zoning amending by-laws relative to Clauses 1 and 2 of the Planning & Strategic Initiatives Committee report. Moved by Councillor P. Singh Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (b) 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. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (e) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. COUNCIL MINUTES MARCH 28, 2011 -78- CITY OF KITCHENER (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (g) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code. (h) Being a by-law to confirm all actions and proceedings of the Council. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -The Carmel Church of the New Jerusalem - 40 Chapel Hill Drive. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Brick by Brick Developments Inc. - 192 Activa Avenue. 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 S. Davey "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 P. Singh Seconded by Councillor B. Vrbanovic "That the by-laws be given third reading, namely: (a) 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. 2011-041) (b) 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. 2011-042) (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2011-043) (d) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2011-044) (e) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2011-045) COUNCIL MINUTES MARCH 28, 2011 - 79 - CITY OF KITCHENER (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2011-046) (g) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code. (By-law No. 2011-047) (h) Being a by-law to confirm all actions and proceedings of the Council. (By-law No. 2011-048) (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -The Carmel Church of the New Jerusalem - 40 Chapel Hill Drive. (By-law No. 2011-049) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Brick by Brick Developments Inc. - 192 Activa Avenue. (By-law No. 2011-050) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:25 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 28, 2011 - 80 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That Demolition Control Application DC11/01/V/MV requesting permission to demolish one (1) single detached dwelling located at 562 Victoria St. S, owned by Alexandra Budure, be approved with the following conditions: a) That the owner obtains a building permit for the proposed residential dwelling unit; and, b) That upon satisfaction of condition a), 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. 2. That Demolition Control Application DC11/02/W/MV requesting permission to demolish one (1) single detached dwelling located at 90 Wren Place, owned by Melvin Weiss, be approved with the following conditions: a) That the owner obtains a building permit for the proposed residential dwelling unit; and, b) That upon satisfaction of condition a), 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 the following roadways be designated on a temporary basis as twenty-four (24) hour heavy truck routes from April 5, 2011 through to December 31, 2012: • Strasburg Road -Huron Road to Bleams Road, • Plains Road -Fischer Hallman Road to Huron Road; and, • Trillium Drive -Huron Road to Bleams Road. 4. That the Uniform Traffic By-law be amended to permit on-street parking for two (2) consecutive hours on the south side of Michael Street from a point 27 metres east of Victoria Street South to a point 112 metres east thereof. 5. That the Municipal Off-street By-law be amended to convert Francis Street North (Lot 5) from an exclusively monthly parking facility to a shared use facility, providing both monthly and hourly parking. 6. That an in-kind Tier 2 grant in the amount of approximately $ 280, to cover the cost of renting the Victoria Park Pavilion, be approved for the Mennonite Coalition for Refugee Support. 7. That the application of the World Religions Conference fora 2011 Tier 2 grant in the amount of $1,500 be denied. 8. That a 2011 grant in the amount of $4,933. ($3,183. cash; $1,750. in-kind), to be funded from the Tier 2 community grants budget ($3,433.) and the Economic Development marketing budget ($1,500.), be approved for the Centre for Community Based Research to assist with expenses for their `Night in the Park' event. (Carried, as Amended) COUNCIL MINUTES MARCH 28, 2011 - 81 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (CONT'D) 9. That a 2011 Tier 2 grant in the amount of $15,000 for the Downtown East Ya Gotta Luv It Project be approved. 10. That effective the 2012 funding year, the grant requests for the Downtown East Ya Gotta Luv It Project (DEYGLI) be transferred to the Community Grants Tier 1 process. 11. That 2011 Community Grants Tier 2, in the amount of $140,226 be approved, as outlined in Community Services Department report CSD-11-038; save for the grant to the Mennonite Coalition for Refugee Support and subject to final determination of the grant application for the Centre for Community Based Research. 12. That Community Services Department report CSD-11-040 (Rockway Centre Maintenance Requirements) be received for information. 13. That the process relating to the approval of events and noise exemptions in Victoria Park, as outlined in Community Services Department report CSD-11-007 be approved. (Dealt with under Delegations and Carried) 14. That the 2010 City of Kitchener Summary Drinking Water Report be received for information as required by O.Reg170/03 Schedule 22 of the Safe Drinking Water Act; and further, That the City of Kitchener provide a copy of the Summary Drinking Water report to the Township of Woolwich as required by Schedule 22 of O.Reg.170/03. 15. That the revised timeline for the Spectator Arena at the Kitchener Memorial Auditorium Complex as outlined in Community Services Department Report CSD-11-027 be acknowledged. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the City of Kitchener has no objection to a liquor licence being issued to the Holy Spirit Festival Association of Kitchener-Waterloo for an event to be held on June 10-12, 2011 at 1548 Fischer-Hallman Road East, Kitchener; and further, That this event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage and promotes unity and understanding within our community. 2. That the supply component of the natural gas rates be decreased to 21.2 cents per cubic meter from 25.0 cents per cubic meter for system gas customers of the City of Kitchener effective April 1, 2011; and, That the transportation component of the natural gas rate remain at 6.182 cents per cubic meter; and, That the daily fixed charge for Rate M1 customers be increased to $0.66 per day from $0.62 per day; and further, That the delivery components of the natural gas rates be changed as proposed in Infrastructure Services Department report INS-11-023 - Appendix A for all Kitchener delivery customers effective April 1, 2011. (Carried, as Amended) 3. That the internal financial report for the year ended December 31, 2010 be received for information. COUNCIL MINUTES MARCH 28, 2011 - 82 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE - 1. That Zone Change Application ZC10/09/C/BB for 40 Chapel Hill Drive (The Carmel Church of the New Jerusalem) to add a special regulation provision to allow a maximum of 20 residential care units to the Institutional Zone (I-1) (93R) on the parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, be approved in the form shown in the `Proposed By-law' dated January 28, 2011, attached to Community Services Department report CSD-11-019 as Appendices `A' and `B'. 2. That Zone Change Application ZC10/06/A/AP for 192 Activa Avenue (Brick by Brick Development Inc.), for the purpose of modifying Special Use Provision 245U and Special Regulation Provision 448R to allow a religious institution use, to a maximum size of 93 square metres of the total plaza complex on the parcel of land, in the City of Kitchener and specified and illustrated as the Subject Area on Map No. 1, be approved in the form shown in the `Proposed By-law' dated December 15, 2010, attached to Community Services Department report CSD-11-033 as Appendix `A'. 3. That staff continue to address the Southwest Urban Area Community Master Plan stakeholder comments concurrently with the preparation of Secondary Plan and Official Plan policies; and further, That both the Southwest Urban Area Community Master Plan and the Official Plan Amendment for the Secondary Plan be provided to the Planning & Strategic Initiatives Committee in final form by June 2011. AUDIT COMMITTEE - 1. That the 2011 External Audit Planning Report, prepared by KPMG and attached as Appendix 1 to Finance and Corporate Services Department report FCS-11-048, be approved. 2. That the 2011 work plan for Internal Audit be approved as outlined in Finance and Corporate Services Department report FCS-11-023 and amended to include the following: a) that the extent of nepotism be added to the hiring transparency audit, b) that a cash controls audit of the building permit function be undertaken; and, c) that a controls audit of the Revenue cash counter be undertaken. HERITAGE KITCHENER - 1. That the Heritage Kitchener 2011-2012 Work Plan, as required by the 2008 Advisory Committee Review, be approved. COUNCIL MINUTES MARCH 28, 2011 - 83 - 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. FCS-11-058 -Uncollectible Utility Accounts Write-off Council considered Finance and Corporate Services Department report FCS-11-058 (J. Evans), dated March 15, 2011. It was resolved: "That uncollectable Utility Accounts, amounting to $76,789 be written off against the Allowance for Doubtful Utility Receivables." 3. FCS-11-059 -Uncollectible Miscellaneous Receivable Accounts Write-off Council considered Finance and Corporate Services Department report FCS-11-059 (J. Evans), dated March 15, 2011. It was resolved: "That uncollectable Miscellaneous Receivable Accounts, amounting to $22,437 be written off against the Allowance for Doubtful Receivables." 4. FCS-11-064 -Sign Variances - 112 Benton Street / 10 Sportsworld Drive Council considered Finance and Corporate Services Department report FCS-11-064 (D. Gilchrist), dated March 22, 2011. It was resolved: "That the application of Arrow Lofts (SG 2011-005 - 112 Benton Street) requesting permission to erect 9 temporary sale signs on the construction fencing whereas the Sign By-law prohibits signs on fences; and, permission to locate 4 temporary fascia, sale signs on the building with no spacing between the signs rather than the required 0.3 m (.98') and permission for these fascia signs to cover architectural features whereas the Sign By-law does not permit signs to cover architectural features, on Lots 11 to 20, Plan 398, being Part 1, Reference Plan 58R-15894, 112 Benton Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. The owner shall obtain a sign permit for the signs approved in this application from the City's Planning Division. 2. That the signs shall be removed no later than September 1, 2012." -and - COUNCIL MINUTES MARCH 28, 2011 - 84 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. FCS-11-064 -Sign Variances - 112 Benton Street / 10 Sportsworld Drive (Cont'd) "That the application of GPM Managed Investments (SG 2011-006 - 10 Sportsworld Drive) requesting permission to erect a ground supported sign to have a height of 8.46 m (27.75') rather than the permitted 7.5 m (24.6') and a sign area of 24.64 sq. m. (265.23 sq. ft.) per side rather than the permitted 20 sq. m. (215.28 sq. ft.), on Part Lot 8, Beasley's Broken Front Waterloo Concession, being Parts 1 to 4, Parts 5 and 20, Reference Plan 58R-16106, 10 Sportsworld Drive, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit for the sign approved in this application from the City's Planning Division. 2. That the applicant shall obtain approval from Kitchener-Wilmot Hydro for the location of the proposed sign." 5. INS-11-024 -Natural Gas Storage & Transportation Contract -Union Gas Council considered Infrastructure Services Department report INS-11-024 (W. Malcolm), dated March 10, 2011. Councillor J. Gazzola questioned if the cost savings have been taken into account in the new rates for natural gas. Mr. J. Gruenbauer, Manager, Regulatory Affairs & Supply, advised that the rates are a separate issue from negotiation of the T3 Contract with Union Gas, in that, the contract deals with changes in the City's service entitlements which reflect regulatory changes approved by the Ontario Energy Board for gas storage and changes to peak transportation requirements resulting from lower industrial demand for gas. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with Union Gas pertaining to natural gas storage and transportation ("T3 Contract") effective April 1, 2011, for a five year term ending on March 31, 2016; said agreement is to be satisfactory to the City Solicitor." 6. FCS-11-052 -Request to Declare Surplus Lands -Sylvia Street Council considered Finance and Corporate Services Department report FCS-11-052 (S. Ross), dated March 7, 2011. Councillor Z. Janecki questioned the length of time the temporary turning circle is to be in place. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that installation of the turning circle is required as a condition of draft approval for Subdivision 30T-02201 and would be removed under a release agreement when no longer required for access to the subject property. Mr. J. Willmer added that it is likely to stay in place for some time and would not become redundant until Sylvia Street is connected to Tagge Street which is dependent on a private development. It was resolved: "That the City declare surplus to its needs a portion of Sylvia Park legally described as Part of Lot 9, Registered Plan 675 being Part 1 on Reference Plan 58R-17057, to permit the conveyance by the City of an easement in favour of James Terrill Dickson for a temporary turning circle; and further, That Legal Services be directed to complete a Transfer Easement over the said lands to James Terrill Dickson for the construction of a temporary turning circle, on terms and conditions satisfactory to the City Solicitor." COUNCIL MINUTES MARCH 28, 2011 - 85 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Request for 32"d Annual Scott Wilson Air Cadets Tag Day Council considered correspondence from Carley Mezon, Fundraising Co-ordinator, Canadian Cancer Society, dated March 14, 2011 requesting permission to conduct a Tag Day on April 16, 2011. It was resolved: "That the request of the Royal Canadian Air Cadets to conduct a Tag Day on Saturday, April 16, 2011, at various locations, as outlined in correspondence from C. Mezon dated March 14, 2011, be granted." 8. 2010 Statement of Remuneration and Expenses Council received for information this date Finance and Corporate Services Department report FCS-11-054 (L. Dueck), dated March 28, 2011.