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HomeMy WebLinkAboutCouncil - 2011-08-29COUNCIL MINUTES AUGUST 29, 2011 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor B. loannidis. The meeting began with the singing of "O Canada" by Crystal borscht, King School of Vocal. On motion by Councillor J. Gazzola the minutes of the regular meeting held June 27, 2011 and special meetings held June 27 & 28, July 4 and August 2 & 15, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated July 1, 2011, from E. Witmer, MPP, Kitchener-Wilmot, acknowledging receipt of Council's resolution regarding funding by the Ministry of Health for patient expenses related to home dialysis treatments. Ms. P. Houston, Deputy CAO, Infrastructure Services, announced that the City has received a `User of the Year' Award for GIS-Centric Excellence and Leadership from Azteca Systems Inc. (Cityworks), a leading provider of GIS-Centric management solutions. A short video was displayed of various municipal award recipients, including Kitchener, outlining advantages gained in the use of Cityworks; and in particular, Kitchener was recognized for its use of Cityworks to manage Water, Gas and Electrical; Facilities Management; Roads, Parks and Trails; and integrations to SAP and Riva. Mayor C. Zehr accepted the award on behalf of Council and the Corporation, acknowledging staff for continued innovation in improving day-to-day operational systems. Councillor B. Vrbanovic announced that the City had also received a P.J. Marshall Plaque Award from the Association of Municipalities of Ontario (AMO), presented to Councillor F. Etherington and himself at the 2011 AMO annual conference. The award recognizes the City's innovative Storm Water Management (SWM) Program, which transferred SWM funding from the property tax base to a user fee program based on the amount of impervious area of an individual property. Mayor C. Zehr announced that Mr. L. Gordon, Director of Supply Services, received a Lifetime Certificate and pin from the Universal Public Procurement Certification Counsel, in recognition of his achievements as a Certified Public Procurement Officer (CPPO), which requires the individual to reflect established professional standards and competencies in governmental purchasing and attests to the CPPO's ability to obtain maximum value for the tax dollar. Mr. L. Bensason, Coordinator, Cultural Heritage Planning, introduced Clauses 1 and 2 of the Heritage Kitchener report (June 7, 2011 meeting), advising that Heritage Kitchener is recommending various properties be listed on the Municipal Heritage Register as non-designated properties of cultural heritage value or interest. Mr. Bensason advised that a separate recommendation, Clause 2 of the report, was formulated for 47 Onward Avenue as concerns had been raised by the property owner at the Heritage Kitchener meeting. Mr. Bensason added that a number of the properties proposed to be listed are located in southwest Kitchener and are related to the background study completed for the Rosenberg Community development. Mr. Bob Knox, property owner, spoke in opposition to the proposed listing of 2091 Bleams Road. He advised that he had originally purchased the property as an investment with plans for its restoration, at which time no mention had been made of the potential for heritage designation or listing on a Municipal Heritage Register. Mr. Knox stated that in the process of undertaking renovations he had been advised by numerous contractors that the cost to renovate would far exceed the value of the building structure. It was noted that the log structure was not uniform and was rotting and / or decayed in certain areas; and structural steel had been added at some time in the past to both the interior and exterior of the building. Mr. Knox advised that some interior renovations were made, however, he was not financially able to continue and the building has since become subject to vandalism. He added that any heritage equipment associated with the barn was removed prior to his purchase of the property and the barn is at this time an empty shell. He disagreed with part of the justification for listing based on landscape and pastoral views, noting that the property is surrounded by a gravel pit on three sides and any agricultural significance has long since been removed. Mr. Knox raised concerns that listing the property may ultimately lead to designation and may become a detriment to his ability to recoup his investment and / or sever part of the lands for future development. COUNCIL MINUTES AUGUST 29, 2011 - 206 - CITY OF KITCHENER In response to questions, Mr. Knox advised that he had not had opportunity to speak with Heritage Planning staff to ascertain what the proposed listing entails. He added that he has no plans to tear down the building structures and in the long term it is his intent to finish restorations to either recoup his investment or move to the property, dependent on how the gravel pit and new subdivision progresses. Mr. L. Bensason clarified the 4-step process involved in the listing of a property which does not have a formal appeal process. Rather, property owners are notified to give them an opportunity to provide their input and an invitation is extended to them to attend a Heritage Kitchener meeting to further discuss the proposed listing. The Committee's recommendation is then forwarded for Council's consideration and the property owner may also speak further to the proposal at that time. Mr. Bensason added that designation of a property is a separate process under the Ontario Heritage Act which provides opportunity for a property owner to appeal to the Conservation Review Board for a hearing; the recommended outcome of which is forwarded for Council's consideration and final decision. On motion by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, Clause 1 of the Heritage Kitchener report of this date was brought forward for consideration to list certain properties on the Municipal Heritage Register as non-designated properties of cultural heritage value or interest. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That Clause 1 of the Heritage Kitchener report of this date be amended to provide that consideration to list 2091 Bleams Road on the Municipal Heritage Register as a non- designated property of cultural heritage value or interest in accordance with the Statement of Significance attached as an appendices to Community Services Department report CSD-11- 080, be deferred to the September 19, 2011 Council meeting to allow the property owner(s) to have further dialogue with the City's Heritage Planning staff as to what is involved in the process of listing the property." Carried. In reference to the remaining properties, Councillor K. Galloway requested clarification as to how properties were prioritized, noting that some properties are outside the established countryside line. Mr. L. Bensason advised that some properties outside the Southwest Study area were also considered in the interest of identifying those thought to be of cultural heritage value or interest at an early stage; and thereby, provide the City with an opportunity to utilize the 60-day timeframe in which to consider potential applications for demolition as a means to prevent immediate demolition. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That Clause 1 of the Heritage Kitchener report of this date be adopted, as amended." Carried. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That Clause 2 of the Heritage Kitchener report of this date be adopted." Carried. Mayor C. Zehr advised that Messrs. K. Baulk, Director of Enterprises, Jerry Finnen, Lead Advisor for the Bid Committee and Doug Suerich, K-W Granite Club, were in attendance to answer any questions concerning Item B.6 of the Committee of the Whole agenda, dealing with a bid to host the 2013 `Road to Roar' curling event. Councillor Y. Fernandes raised concerns as to the amount of work required by City staff for what appears to be a minimal return on investment. Mr. K. Baulk advised that hosting major events is done on a regular basis with at least 1 per year occurring over the past 10 years. The work involved is part of Enterprise staff's core responsibilities who appreciate rising to the challenge and efforts are COUNCIL MINUTES AUGUST 29, 2011 - 207 - CITY OF KITCHENER well appreciated from within the community as well. He added that associated staffing costs are incorporated into the event budget and the previous host Committee reported a profit of $100,000. Mr. Baulk stated that current Host Committee members are professionals who have previously served on successfully run major events in Kitchener and are confident they have created a conservative budget and will achieve a resulting profit. Councillor Z. Janecki questioned the outcome of the Scott Tournament of Hearts event. Mr. Baulk advised that this event incurred a loss; however, he pointed out that the event was owned and operated by the Canadian Curling Association (CCA) who acted as the guarantor. The City's agreement with the event organizer included revenues accrued specifically to City facilities, such as rental of the facilities and concession sales, which generated positive revenue return for the City. Councillor J. Gazzola questioned the amount of the loss for the Scott Tournament of Hearts. Mr. Jerry Finnen stated that the difference between the two events is that all decisions concerning the proposed curling event will be made by the local community; whereas, the Scott Tournament of Hearts was run solely by the CCA and the Host Committee members were not always in agreement with what the CCA proposed to do. He advised that the Host Committee had requested the final balance sheet from the CCA but has not been provided with same and he could not, therefore, provide the amount of the loss. Councillor Gazzola raised concerns that the proposed partnership is not a true partnering in that, while the City will be obligated to incur any financial loss it will not share in event profits. Mr. Finnen stated that both participating groups are non-profit organizations that do not want to venture in where they may incur a loss, in order to protect members of their organizations. Mr. Finnen added that over 300 unpaid volunteers will participate which is what the Clubs will bring to this event. Councillor Gazzola commented that while he had no doubt the event would be successful and was supportive, he would prefer to see a true financial partnership entered into. Councillor B. Vrbanovic commented that similar community events held in previous years have for the most part been largely successful, generating a revenue stream back in to the community. He stated that these events build community spirit as witnessed by the number of volunteers who willingly participate and also serves to raise the City's profile through national broadcast of the event. He added that the economic impact brings revenue to City facilities as well as to the local hospitality industry and past experience has been very good for the community. Councillor K. Galloway questioned the City's financial contributions to the two Clubs and Mr. Baulk advised that the City has not contributed anything financially. Councillor Galloway commented that the community has many curling fans who will appreciate this event which stands to generate great pride in the community, particularly as it will determine the top two Mens and Womens curling teams advancing to the final Olympic qualifier. Councillor P. Singh inquired if statistics are available for previous events in respect to revenues generated and associated costs. Mr. Baulk advised that statistics vary dependent on the length of the event, the number of spectators and type of event. He noted, however, that the 2008 Memorial Cup, a National Canadian Hockey League Championship, generated approximately $10 to $12 M, having a significant economic impact on the community. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That the City serves as the financial guarantor for the 2013 Road to the Roar host committee budget should the event incur a financial loss." Carried Unanimously by all members present. Mr. Manesh Gopal, Kingsburg Hospitality Group, attended in support of the decision of the Committee of Adjustment to approve Sign Variance Application, Submission No. SG 2011-009 (2899 King Street East), listed as Item B.8 i) on the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh "That the application of Kingsburg Hospitality Group (Comfort Inn) (SG 2011-009 - 2899 King Street East) requesting permission to replace the 2 current ground support signs with new COUNCIL MINUTES AUGUST 29, 2011 - 208 - CITY OF KITCHENER ground supported signs having heights of 8.12m (26.64`) and 8.28m (27.17`) rather than the permitted 7.5 m (24.6'), on Lot 25, Part Lot 26, Plan 958, 2899 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City's Planning Division. 2. That the owner shall obtain a sign permit from the Ministry of Transportation." Carried. Ms. Michele Breault, Waterloo Catholic District School Board, attended in support of the decision of the Committee of Adjustment to approve Sign Variance Application, Submission No. SG 2011-012 (154 Gatewood Road), listed as Item B.8 i) on the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh "That the application of the Waterloo Catholic District School Board (SG 2011-012 - 154 Gatewood Road) requesting permission to erect a ground supported sign having an area of 5 sq.m. (53.8 sq.ft.) rather than the permitted 3 sq.m. (32.3 sq.ft.), on Part Block A, Plan 876, Part Lot 11, Plan 786, 154 Gatewood Road, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City's Planning Division." Carried. Mr. L. Gordon, Director of Supply Services, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Questions were raised with regard to Tender T11-045 (Morgan Avenue Sanitary Sewer Replacement), listed as Item B.1 ii) on the Committee of the Whole agenda. An explanation of the additional $98,955 in funding to cover a shortfall was requested. Ms. P. Houston advised that the additional funds are required for design, engineering and consulting work as shown on the financial report and have been addressed through consulting fees for the design phase. It was noted that this is the third time the project has been tendered and although over budget, this particular sewer is in urgent need of repair. Ms. Houston added that timing of having to tender during an influx of work due to the Infrastructure Stimulus program is suspected to have had an impact on the ability to obtain competitive pricing. Questions were raised with regard to Expression of Interest E11-001 (Consultant Services -City Hall Space Planning Assessment), listed as Item B.1 iii) on the Committee of the Whole agenda. Clarification was requested as to why this project could not be done internally rather than incur consultant fees. Ms. P. Houston advised that it is intended to have staff work with the consultant to determine what is needed for workstations and the type of equipment needed to be housed in order to do their work but will take design expertise to pull it all together. She noted that a number of years ago several floors were retrofitted and there has always been a long term plan to do other floors. With 28 staff now relocated from City Hall to the new Kitchener Operations Facilities (KOF) resulting in vacant space and with several areas, such as Engineering and Transportation Planning constrained, a review is being requested to determine how the space can best be used and in relationship to how Divisions are currently aligned. Ms. Houston stated that architectural design expertise is needed, which the City does not have in-house, to determine how best to maximize space at optimum costing. It was noted that approximately 8 years ago the City looked at options to maximize space at City Hall, at which time a consultant was involved to help design the areas being implemented then and to assist in determining the best approach to workstations; and it is that workstation design which will be used by this consultant in designing work space needs. Ms. Houston advised that needs identified over the past few years have been put on hold pending shifting of staff to the new KOF, with certain staff located in existing vacated space where available until there was opportunity to do a comprehensive review of the space plan. It was noted that the School of Architecture had not specifically been contacted in regard to this project. Ms. Houston responded to a question concerning use of the 10t" floor for alternate uses that would generate revenue, advising that the decision to close the 10t" floor cafeteria was budget related and it was agreed that the space would remain for a period of time as a lunch room /rest area for staff, which as an employer the City is required to provide. She added that staff has investigated opportunities to rent the space for COUNCIL MINUTES AUGUST 29, 2011 - 209 - CITY OF KITCHENER cafeteria or other similar uses; however, it represents a challenge in respect to competing interests for other City rental facilities such as the City Hall Rotunda and Victoria Park Pavilion. Several members commented on the need for the review and the importance of providing staff with the appropriate expertise to ensure the work is done properly and cost effectively. A request was made to vote separately on this item. Questions were raised with regard to Tender T11-001 (Snow Blowing - Cul-de-Sacs), listed as Item B.1 iv) on the Committee of the Whole agenda. Concerns were raised in regard to the price increase of 11.6% over the previous contract and an increase of 50% in the standby rate. It was noted that the average expenditure over the past 3 years is $112,000 and the new contract exceeds this amount. The standby rate is paid as a guarantee that the equipment will be available for use when required and the hourly rate is paid solely dependent on when a full plow event occurs and the City has to call them out to assist with plowing. Ms. P. Houston added that in past analysis comparing use of City dump trucks and plows versus this type of equipment it was found that contracting is more cost effective. Mr. Gordon responded to questions regarding setting a standard rate as a benchmark, advising that it could be done but even with the open process used the City just received the number of bids needed and if no bids were received based on a standard rate system the City would probably end up paying more in re-tendering at a later date. Establishing the standby rate as a retainer was also questioned and Mr. Gordon advised that the rate is $5,000 /zone and reiterated that the rate ensures availability of the equipment when needed. He added that some of the contractors are waiting to finalize purchase of equipment based on an award today and if the award does not proceed the purchases will not go through and the City will not then have use of the equipment. Ms. P. Houston agreed to follow-up with information on how many staff would be required to do the work in- house. Mayor C. Zehr pointed out that to do the work in-house will not only require additional staffing and staff time but the purchase of additional equipment. He suggested that the purchase of one piece of equipment would likely exceed the $45,000 cost in standby fees and would not make economical sense. A request was made to vote separately on this item. Moved by Councillor P. Singh Seconded by Councillor K. Galloway "That Expression of Interest E11-029, Consultant Services - Queen Street South Reconstruction (Charles Street to Courtland Avenue), be awarded to Stantec Consulting Ltd., Kitchener, Ontario at their estimated fee of $188,749.00., including contingencies of 17,159.00 plus H.S.T. of $24,537.37., for a total of $213,286.37, 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 Tender T11-045, Morgan Avenue Sanitary Sewer Replacement, be awarded to Avertex Utility Solutions Inc., Orangeville, Ontario at their tendered price of $224,999.70, including provisional items and contingencies of $44,994., plus H.S.T. of $29,249.96, for a total of $254,249.66; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T11-057, Road Reconstruction -Morrison Road, be awarded to Steed And Evans Limited, St. Clements, Ontario at their tendered price of $432,500., including provisional items and contingencies of $87,020., plus H.S.T. of $56.225., for a total of $488,725.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - COUNCIL MINUTES AUGUST 29, 2011 - 210 - CITY OF KITCHENER "That Tender T11-064, Woolwich Street Road Reconstruction (Bridge St. to Bridle Trail), be awarded to Steed and Evans Limited, St. Clements, Ontario at their tendered price of $637,000., including provisional items and contingencies of $116,015., plus H.S.T. of $82,810., for a total of $719,810.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T11-050, Slope Stabilization and Storm Sewer Outlet Reconstruction (Greensview Drive), be awarded to Steed And Evans Limited, St. Clements, Ontario at their tendered price of $463,100., including provisional items and contingencies of $60,415., plus H.S.T. of $60,203., for a total of $523,303.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T11-056, Iron Horse Trail Sanitary Sewer Rehabilitation, be awarded to McGillivray and Sons Contractors Limited, St. Agatha, Ontario at their tendered price of $283,981.34, including provisional items and contingencies of $73,032.75, plus H.S.T. of $36,917.57 for a total of $320,898.91; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor P. Singh Seconded by Councillor K. Galloway "That Expression of Interest E11-001, Consultant Services -City Hall Space Planning Assessment, be awarded to Karp Namisniak Yamamoto Architects Inc., Burlington, Ontario at their estimated fee of $35,700., including disbursements of $1,700., plus H.S.T. of $4,641. for a total of $40,341." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors K. Galloway, B. Vrbanovic and F. Etherington Contra: Councillors J. Gazzola, D. Glenn-Graham, Z. Janecki, Y. Fernandes, S. Davey and P. Singh Absent: Councillor B. loannidis Motion Lost. Moved by Councillor P. Singh Seconded by Councillor K. Galloway "That Tender T11-044 Snow Blowing - Cul-De-Sacs, be awarded as follows: • Beastmaster Farm, Breslau, Ontario, Zone 6, at their tendered rate of $200.00 per hour, plus H.S.T. of $26.00, for a rate of $226.00 per hour, plus a standby rate of $5,000.00 for five (5) months. • S. Driscoll & Sons Snow Removal, Moorefield, Ontario, Zone 1, 2, 4, 7 and 9 at their tendered rate of $250.00 per hour, plus H.S.T. of $32.50, for a rate of $282.50 per hour, plus a standby rate of $25,000.00 for five (5) months. COUNCIL MINUTES AUGUST 29, 2011 - 211 - CITY OF KITCHENER • McLellan Group, Brantford, Ontario, Zone 3 and 8, at their tendered rate of $309.00 per hour, plus H.S.T. of $40.17, for a rate of $349.17 per hour, plus a standby rate of $10,000.00 for five (5) months. • Moorefield Excavating, Harriston, Ontario, Zone 5, at their tendered rate of $255.00 per hour, plus H.S.T. of $33.15, for a rate of $288.15 per hour, plus a standby rate of $5,000.00 for five (5) months. for five (5) years with an option to renew for an additional three (3) year period." Carried Unanimously by all members present. Moved by Councillor K. Galloway Seconded by Councillor S. Davey "That Clause 9 of the Community and Infrastructure Services Committee be adopted." Carried. Recorded Pecuniary Interest and Abstention: Councillor P. Singh as his family owns property in the subject area. Moved by Councillor K. Galloway Seconded by Councillor S. Davey "That the balance of the Community and Infrastructure Services Committee report, excluding Clause 9, be adopted." Councillor Y. Fernandes questioned the feasibility of applying a condition to Clause 1 of the report, dealing with a demolition application for 388 Old Huron Road, to mandate adherence to property standards. Mayor C. Zehr advised that such a condition could not legally be imposed but suggested, and it was agreed, that staff be directed to pursue the matter through appropriate enforcement measures. A motion by Councillor S. Davey, seconded by Councillor Z. Janecki, was brought forward for consideration to amend Clause 13 of the report, dealing with re-confirming of the City's Public Art Policy I-816, to provide that the Arts and Culture Advisory Committee (ACAC) and the Public Arts Working Group (PAWL) return with policy recommendations to separate the location of the public art projects from its contributing capital project where appropriate, in order to ensure maximum public exposure. Councillor Davey advised that the staff presentation given to the Committee indicated that what is proposed is existing practice and the purpose of the amendment is to formalize the practice. He further clarified that where the 1 % for Art Policy would apply to construction projects wherein the artwork is not likely to be viewed by the public, the intent would be that no public art is installed at the facility. Several members of Council indicated that they were uncertain as to the intent or necessity of the amendment. Councillor B. Vrbanovic asked, and it was agreed, that the word "may" be added to the amending motion, suggesting the intent was only to give direction to staff to bring back recommendations of the two sub-Committees which would allow Council to contemplate an appropriate course of action at a future date. Councillors K. Galloway and J. Gazzola suggested that the amendment is irrelevant and unnecessary as the policy already makes such provision. Councillor Davey's motion to amend Clause 13 of the report was then voted on and Carried. Councillor J. Gazzola spoke in opposition to Clause 14 of the report, dealing with the 2011 Leaf Program, raising concerns with the differing levels of service dependent on where a property is located in the community. Councillor B. Vrbanovic suggested that the approach recommended is COUNCIL MINUTES AUGUST 29, 2011 - 212 - CITY OF KITCHENER reasonable, noting that snow removal, grass cutting and leaf collection all operate with differing levels of service. The balance of the Community and Infrastructure Services Committee report, excluding Clause 9, was then voted on clause by clause. Clause 13 -Carried, as Amended. Clause 14 -Carried. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor S. Davey "That the report of the Finance and Corporate Services Committee be adopted." Carried. Moved by Councillor Z. Janecki Seconded by Councillor Y. Fernandes "That the report of the Planning and Strategic Initiatives Committee be adopted." Council considered Community Services Department report CSD-11-113 (Addendum to Report CSD- 11-077), dealing with approval of Zone Change Application ZC 10/12/H/GS (313 & 319 Highland Road West), requesting that Clause 3 of the report be amended to add "Special Regulation 472R" to address compliance issues related to a discrepancy in lot width at the time of application. The Planning and Strategic Initiatives Committee report was then voted on clause by clause. Clause 3 -Carried, as Amended. Balance of report -Carried. Councillor B. Vrbanovic advised that he and Councillor F. Etherington had met with the Honorable Rick Bartolucci, Minister of Municipal Affairs & Housing, at the recent AMO conference concerning the City's resolution requesting the Ministry to work with the Association of Municipalities of Ontario (AMO) to consider creation of a Municipal Conflict of Interest Commissioner to assist municipally- elected officials in determining a conflict of interest in advance of debate. Councillor Vrbanovic advised that the meeting went well, with the Minister indicating a willingness to instruct Ministry staff to look into the issue and the Minister asked that the AMO also pursue the matter in its meetings with the Province. At the request of Councillor B. Vrbanovic, staff was directed to investigate what is being done Province-wide to raise relief funds in the wake of a tornado that passed through the Town of Goderich; and bring a recommendation to Council as to how the City might donate financially or provide in-kind services to the relief efforts. Mayor C. Zehr reported on Regional matters, advising that a new 4-year Strategic Plan (2011-2014) for the Region of Waterloo has been approved; a new iXpress route will operate on Fischer-Hallman Road, between the Forest Glen Plaza and University Avenue, free of charge to users from September 5 to September 11, 2011, as well as each Friday from September 16 to December 30, 2011; and a `Service First" call centre has been approved to provide a single recognizable phone number to answer the majority of calls received by the Region. Councillor D. Glenn-Graham extended appreciation to Councillor B. Vrbanovic for his involvement, through his role as President of the Federation of Canadian Municipalities, surrounding the recent passing of the Honorable Jack Layton, Leader of the Official Opposition and New Democratic Party. Councillor Glenn-Graham inquired as to the possibility of obtaining Mr. Layton's speech given at the recent AMO conference to share internally and / or on the City's website. Councillor B. Vrbanovic advised that when Party Leaders provide a scripted copy of their speech it is posted on the FCM's website. He added that FCM did post Mr. Layton's final letter to Canadians along with their own COUNCIL MINUTES AUGUST 29, 2011 - 213 - CITY OF KITCHENER statement and he would follow-up on availability of the speech given by Mr. Layton at the AMO conference. Council agreed to the request of Mr. R. Gosse, City Clerk, to add 9 additional by-laws for three readings this date, being: • a by-law to repeal and replace By-law 2005-155 (Records Retention), relative to Clause 1 of the Finance and Corporate Services Committee report; • a by-law to amend Chapter 515 (Barber Shop-Hairdressing, Body Piercing, Nail Shops, Tattoo Establishments) of the Municipal Code, relative to Clause 4 of the Finance and Corporate Services Committee report; • a by-law to amend Chapter 501 (Business Licence Fees) of the Municipal Code, relative to Clause 4 of the Finance and Corporate Services Committee report; • a by-law to amend Chapter 500 (General Provisions -Issue of Licences) of the Municipal Code, relative to Clause 4 of the Finance and Corporate Services Committee report; • a zoning amending by-law (MKG Holding Corporation, Shirley Drive), relative to Clause 1 of the Planning and Strategic Initiatives Committee report; • a zoning amending by-law (Schott, 28 Bloomingdale Road), relative to Clause 2 of the Planning and Strategic Initiatives Committee report; • a zoning amending by-law (Sikorski & Jadef Investments Ltd, 313 & 319 Highland Road West), relative to Clause 3 of the Planning and Strategic Initiatives Committee report; • a zoning amending by-law (Mansoura Development Inc, 177 & 185 Windale Crescent), relative to Clause 4 of the Planning and Strategic Initiatives Committee report; • a zoning amending by-law (The INCC Corp, 225 The Boardwalk), relative to Clause 5 of the Planning and Strategic Initiatives Committee report. Moved by Councillor S. Davey Seconded by Councillor P. Singh "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 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) Being a by-law to provide for the establishing and laying out of part of Eliza Avenue, Isaiah Drive and Isaiah Crescent as public highways in the City of Kitchener. (e) Being a by-law to provide for the establishing and laying out of part of Terrace Wood Crescent as a public highway in the City of Kitchener. (f) Being a by-law to exempt certain lots from Part Lot Control -Blocks 106 to 108 inclusive, Registered Plan 58M-359 and part of Blocks 9, 13 and 14, Registered Plan 58M-487 - Steepleridge Street and Cranbrook Street. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to establish retention periods and disposition methods for records of the municipality. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- M.K.G. Holding Corporation -Shirley 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 - 28 Bloomingdale Road. COUNCIL MINUTES AUGUST 29, 2011 -214- CITY OF KITCHENER (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Bozena Sikorski and Jadef Investments Ltd. -Highland Road West. (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Mansoura Developments Inc. - Windale Crescent. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -The INCC Corp. -The Boardwalk. (n) Being a by-law to amend Chapter 500 of the City of Kitchener Municipal Code with respect to General Provisions -Issue of Licences. (o) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (p) Being a by-law to amend Chapter 515 of the City of Kitchener Municipal Code with respect to Barber Shops -Hairdressing -Body Piercing -Nail Shops -Tattoo Establishments. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor 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 S. Davey Seconded by Councillor P. Singh "That the by-laws listed on the agenda for 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. 2011-114) (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2011-115) (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. 2011-116) (d) Being a by-law to provide for the establishing and laying out of part of Eliza Avenue, Isaiah Drive and Isaiah Crescent as public highways in the City of Kitchener. (By-law No. 2011-117) COUNCIL MINUTES AUGUST 29, 2011 -215- CITY OF KITCHENER (e) Being a by-law to provide for the establishing and laying out of part of Terrace Wood Crescent as a public highway in the City of Kitchener. (By-law No. 2011-118) (f) Being a by-law to exempt certain lots from Part Lot Control -Blocks 106 to 108 inclusive, Registered Plan 58M-359 and part of Blocks 9, 13 and 14, Registered Plan 58M-487 - Steepleridge Street and Cranbrook Street. (By-law No. 2011-119) fig) To confirm all actions and proceedings of the Council. (By-law No. 2011-120) (h) Being a by-law to establish retention periods and disposition methods for records of the municipality. (By-law No. 2011-121) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- M.K.G. Holding Corporation -Shirley Drive. (By-law No. 2011-122) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 28 Bloomingdale Road. (By-law No. 2011-123) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Bozena Sikorski and Jadef Investments Ltd. -Highland Road West. (By-law No. 2011-124) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Mansoura Developments Inc. - Windale Crescent. (By-law No. 2011-125) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -The INCC Corp. -The Boardwalk. (By-law No. 2011-126) (n) Being a by-law to amend Chapter 500 of the City of Kitchener Municipal Code with respect to General Provisions -Issue of Licences. (By-law No. 2011-127) (o) Being a by-law to amend Chapter 501 of the City of Kitchener Municipal Code with respect to Business Licence Fees. (By-law No. 2011-128) (p) Being a by-law to amend Chapter 515 of the City of Kitchener Municipal Code with respect to Barber Shops -Hairdressing -Body Piercing -Nail Shops -Tattoo Establishments. (By-law No. 2011-129) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. COUNCIL MINUTES AUGUST 29, 2011 - 216 - CITY OF KITCHENER On motion, the meeting adjourned at 9:30 p.m. MAYOR CLERK COUNCIL MINUTES AUGUST 29, 2011 - 217 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That Demolition Control Application DC11/007/O/GS requesting permission to demolish one (1) single detached dwelling located at 388 Old Huron Road, owned by Hallman Construction Ltd., be approved without conditions. 2. That Demolition Control Application DC11/06/B/ATP requesting permission to demolish one (1) single detached dwelling located at 54 Bridge Street West, owned by 2019641 Ontario Ltd. and B. Dozer Limited, be approved without conditions. 3. That Demolition Control Application DC11/008/N/GS requesting permission to demolish one (1) single detached dwelling located at 45 Nelson Avenue, owned by Ana Ilic, Dragan Ilic, and Ilija Ilic, be approved subject to the following condition: 1) That the applicants obtain a building permit for the proposed semi-detached dwelling unit; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2- years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 4. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Lady of Fatima Parish for their annual Lady of Fatima Festival to be held at 1548 Fischer Hallman Road between the hours of 12:00 noon on Saturday September 3 and 1:00 am on Sunday September 4, 2011. 5. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Conestoga Students Inc. for an outdoor concert at Conestoga College on September 17, 2011, between the hours of 6:00 p. m. and 11:30 p. m.. 6. That the Mayor and City Clerk be authorized to execute an Authorized Requestor Agreement with the Ministry of Transportation, subject to the satisfaction of the Office of the City Solicitor, to obtain vehicle ownership information relating to parking enforcement. 7. That the Mayor and Clerk be authorized to execute a lease agreement satisfactory to the City Solicitor with the current property owner at 75 Ardelt Place in the City of Kitchener, for the use of the lands as a snow dumping facility for the exclusive use of City staff and their contractors. 8. That the Uniform Traffic By-law be amended to establish a School Bus Loading Zone on the east side of Indian Road from a point 177 metres north of McGee Avenue to a point 26 metres north thereof. 9. That the Uniform Traffic By-law be amended to permit parking for a maximum of three (3) consecutive hours on the north side of Simeon Street between a point 29 metres east of Frederick Street and a point 47 metres east thereof; and, further, That the Uniform Traffic By-law be amended to prohibit parking at anytime on the north side of Simeon Street from Frederick Street to a point 29 metres east thereof. 10. That the traffic calming measures (eight (8) speed humps) on Heritage Drive between Halifax Drive and Ottawa Street remain in place. COUNCIL MINUTES AUGUST 29, 2011 - 218 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (CONT'D) 11. That the Uniform Traffic By-law be amended to permit on-street parking anytime, for a maximum three (3) consecutive hours, on the north side of Park Street from a point 15 metres west of Stewart Street to a point 40 metres west thereof. 12. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Vien Quang Buddhist Association of Kitchener-Waterloo at 23 Campbell Avenue, on September 10, 2011, between the hours of 5 p.m. to 10 p.m., as part of the celebration of their Autumn Festival. 13. That Public Art Policy I-816, as approved on September 20, 2010 and attached to Community Services Department report CSD-11-103 as Appendix A, be re-confirmed; and, That the Arts and Culture Advisory Committee and the Public Arts Working Group be requested to consider and recommend ways in which students from local educational institutions can participate in public art; and further, That the Arts and Culture Advisory Committee and the Public Arts Working Group return with policy recommendations that may separate the location of the public art projects from its contributing capital project site where appropriate, in order to ensure maximum public exposure. (As Amended) 14. That the leaf program for 2011, including the additions to areas of Kitchener where residents are permitted to rake leaves to the curb and the dates and times when they are permitted by the City to do so, as identified in Addendum A to Infrastructure Services Department report INS-11-058, be approved. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the Records Retention By-law 2005-155 (being a by-law to establish retention periods and disposition methods for records of the municipality) be repealed; and further, That the Records Retention By-Law attached to Finance and Corporate Services Department report FCS-11-154, dated July 21, 2011, be approved. 2. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Da Vinci Caffe Bar, Restaurant & Pizzeria located at 21 Weber Street West, applied for by Dejan Kerkez (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 35% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words alcohol sales will be limited to 35% 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; COUNCIL MINUTES AUGUST 29, 2011 - 219 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) 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 the request of Rumen Yankov to operate a refreshment vehicle at 385 Fairway Road South be approved. 4. That Chapter 515 (Barber Shop-Hairdressing, Body Piercing, Nail Shops, Tattoo Establishments), Chapter 501 (Business Licence Fees) and Chapter 500 (General Provisions Issue of Licences) of the Municipal Code be amended as outlined in Finance and Corporate Services Department report FCS-11-160. 5. That in conjunction with completion of the solar roofing project, $182,500. be allocated from the 2012 Capital budget roofing provisions for completion of the replacement of the balance of the roofing membrane on the Kitchener Operations Facility (formerly known as the Consolidated Maintenance Facility). PLANNING AND STRATEGIC INITIATIVES COMMITTEE - 1. That Zone Change Application ZC11/03/S/KA (2340, 2360 & 2380 Shirley Drive, M.K.G. Holding Corporation) for the purpose of changing the zoning from Business Park Zone (B-1) with Special Regulation Provision 31 R and from Business Park Zone (B-1) with Special Regulation Provisions 1 R, 31 R and 56R and Special Use Provision 57U to Business Park Zone (B-1) with Special Regulation Provision 31 R and Special Use Provision 413U and Business Park Zone (B-1) with Special Regulation Provisions 1 R, 31 R and 56R and Special Use Provisions 57U, 413U and 414U, be approved in the form shown in the "Proposed By-law" dated June 14, 2011, attached to Community Services Department report CSD-11-085 as Appendix "A". 2. That Zone Change Application ZC11/05/B/EB for David and Denise Schott at 28 Bloomingdale Road, for the purpose of adding Special Use Provision 412U and Special Regulation Provision 571 R to allow a personal service use, a tradesman or contractor's establishment use, a manufacturing use, and asingle-detached dwelling, 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 May 18, 2011, attached to Community Services Department report CSD-11-082 as Appendix "A". 3. That Zone Change Application ZC10/12/H/GS (Bozena Sikorski, 313 Highland Road West & Jadef Investments Ltd, 319 Highland Road West), for the purpose of changing the zoning from Residential Five Zone (R-5) to Residential Five Zone (R-5) with Special Use Provision 415U and Special Regulation Provision 472R, in the form shown in the "Proposed By-law" dated August 19, 2011, attached to Community Services Department report CSD-11-113 as Appendix A, be approved. (As Amended) 4. That Zone Change Application ZC11/002/W/GS (177 & 185 Windale Crescent, Mansoura Development Inc.) for the purpose of changing the zoning from Residential Six Zone (R-6) with Special Regulation Provision 444R and Holding Provision 52H to Residential Six Zone (R-6) with Special Regulation Provision 444R, in the form shown in the "Proposed By-law" dated May 18, 2011, attached to Community Services Department report CSD-11-078 as Appendix "A", be approved. 5. That Zone Change Application ZC11/006/T/GS (225 The Boardwalk, The INCC Corp.) to remove Holding Provision 57H in the form shown in the "Proposed By-law" dated July 13, 2011, attached to Community Services Department report CSD-11-094 as Appendix "A", be approved. COUNCIL MINUTES AUGUST 29, 2011 - 220 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (JUNE 7, 2011 MEETING) 1. That pursuant to Section 27 of the Ontario Heritage Act, the following properties be listed on the Municipal Heritage Register as non-designated properties of cultural heritage value or interest, in accordance with the Statements of Significance attached as Appendix `A' to Community Services Department report CSD-11-080: • 81 Moore Avenue; • 1970 Fischer-Hallman Road; • 236 Gehl Place; • 1805 Huron Road; • 1865 Huron Road; • 1434 Trussler Road; • 1478 Trussler Road; and further, That consideration to list 2091 Bleams Road on the Municipal Heritage Register as a non- designated property of cultural heritage value or interest in accordance with the Statement of Significance attached as an appendix to Community Services Department report CSD-11-080, be deferred to the September 19, 2011 Council meeting to allow the property owner(s) to have further dialogue with the City's Heritage Planning staff as to what is involved in the process of listing the property. (Dealt with under Delegations and Carried, as Amended) 2. That pursuant to Section 27 of the Ontario Heritage Act, 47 Onward Avenue be listed on the Municipal Heritage Register as non-designated properties of cultural heritage value or interest, in accordance with the Statements of Significance attached as Appendix `A' to Community Services Department report CSD-11-080. (Dealt with under Delegations and Carried) COUNCIL MINUTES AUGUST 29, 2011 - 221 - 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-11-169 - CAO Approved Recommendations -Summer Recess Council considered Finance and Corporate Services Department report FCS-11-169 (L. Gordon), dated August 22, 2011. Councillor Y. Fernandes referred to Expression of Interest E11-059 (Consultant Service - Bramm Street Yards Parking Development), raising concerns that the Consultant's Review Committee consisted of only two members of staff. Mr. L. Gordon, Director of Supply Services, advised that due to development in the surrounding area this matter is time sensitive, requiring expedient hiring of a consultant to undertake design specifications for the parking development so that construction can be completed by the fall of this year. Mr. R. Regier, Executive Director of Economic Development, added that under a 2010 lease agreement, the City is obligated to provide parking by November 2011 to The Tannery and it was important to move forward with the design to meet the required timing. It was noted that the Expression of Interest includes provisions for all contract management and the overall design, including proper lighting and measures to ensure pedestrian safety. Mr. Regier also pointed out that once the design specifications are completed a tender will be issued for construction, the outcome of which will come forward for Council's consideration. In regard to Quotation Q11-027 (Tree Stock), Ms. P. Houston agreed to provide Councillor J. Gazzola with an estimate of time saved in using trees in containers versus plant wire basket stock. In regard to Tender T11-038 (Hot Mix Asphalt), Councillor J. Gazzola questioned why a joint tender among area municipalities was not used in this instance. Mr. L. Gordon advised that a joint tender has not been entered into in the past but is something that could be explored in future. It was resolved: "That Council receive for information, the CAO approved recommendations made during the summer Council recess as set out in Finance and Corporate Services Department report FCS 11-169; and further, That the Mayor and Clerk be authorized to execute Agreements in excess of $100,000.00 that have been approved by the CAO while Council is on its summer recess, provided said Agreements are to the satisfaction of the City Solicitor." 3. Request for Tag Day - Royal Canadian Sea Cadet Corps (WARSPITE) Council considered correspondence from Jennifer Kennedy, Fundraising Co-ordinator, Navy League of Canada, K-W Branch, dated August 7, 2011, requesting permission to conduct a Tag Day on October 14-16, 2011. COUNCIL MINUTES AUGUST 29, 2011 - 222 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Request for Tag Day - Royal Canadian Sea Cadet Corps (WARSPITE) - (Cont'd) It was resolved: "That the request of the Royal Canadian Sea Cadet Corps (WARSPITE) to conduct a Tag Day on Friday, October 14 to Sunday, October 16, 2011, be granted." 4. CSD-11-118 -Noise Exemption Request - Pino's - 70 Victoria Street North Council considered Community Services Department report CSD-11-118 (J. Willmer), dated August 23, 2011. It was resolved: "That an exemption to Chapter 450 (Noise) of the City's Municipal Code be granted to Pino's Salon and Medispa, 70 Victoria Street North, on September 10, 2011, between the hours of 5 PM and 10 PM, for their `Let's Cut Famine' fundraising event." 5. CSD-11-119 -Noise Exemption Request -Kitchener Harley Davidson Council considered Community Services Department report CSD-11-119 (J. Willmer), dated August 23, 2011. It was resolved: "That an exemption to Chapter 450 (Noise) of the City's Municipal Code be granted to Kitchener Harley Davidson, 2255 Kingsway Drive, on September 17, 2011, between the hours of 2 PM and 8 PM, for their `Customer Appreciation Day' and fundraiser event." 6. CSD-11-122 -Curling Event Bid Dealt with under Delegations. 7. FCS-11-162 -Applications for Cancellation, Refund, Reduction of Taxes Council considered Finance and Corporate Services Department report FCS-11-162 (D. Chapman), dated August 11, 2011. It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totalling $367,640.11, as attached to Finance and Corporate Services Department report FCS- 11-162, be approved, pursuant to Section 357 of the Municipal Act." 8. FCS-11-164 -Committee of Adjustment Sign Variances Council considered Finance and Corporate Services Department report FCS-11-164 (D. Gilchrist), dated August 29, 2011. Items B.8 i) and iv) regarding Submission Nos. SG 2011-009 (2899 King Street East) and SG 2011-012 (154 Gatewood Road), respectively, were dealt with under Delegations. It was resolved: "That the application of the City of Kitchener (SG 2011-010 -King Street Right-of-Way) requesting permission to locate 4 ground supported digital kiosks having a height of 1.97m (6.46`) within the City rights-of-way, in a D-1 (Retail Core) zone, whereas the Sign By-law does not permit ground supported signs in a D-1 (Retail Core) zone; to COUNCIL MINUTES AUGUST 29, 2011 - 223 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. FCS-11-164 -Committee of Adjustment Sign Variances - (Cont'd) have an automatic changing copy component of 50% rather than the permitted 30%; to have no address on the signs, whereas the Sign By-law requires the address to be on these signs; and, to permit non-accessory (third-party) copy on the sign, whereas the Sign By-law does not permit non-accessory signs, on the King Street Right-of-Way (from Francis St to Frederick St), Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That should traffic operation concerns arise a result of the use of the digital kiosks, Transportation Planning staff reserve the right to immediately revoke permission to continue operation of the signs, on an individual basis. 2. The owner shall receive approval from the Region of Waterloo for the digital kiosk proposed at the corner of Frederick Street and King Street East, prior to installation." - and - "That the application of Kieswetter Motors Inc. (SG 2011-011 - 4170-4202 King Street East) requesting permission to relocate the current ground supported sign having a height of 9.04m (26.66`) rather than the permitted 7.5 m (24.6'), on Part Lot 9, Beasley's Broken Front Concession, being Parts 1, 2, 3, 5 & 6, Reference Plan 58R-6134, 4170- 4202 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a sign permit from the City's Planning Division. 2. That the owner shall include the municipal property address on the ground supported sign."