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Home My WebLink AboutCouncil - 2011-10-03COUNCIL MINUTES OCTOBER 3, 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 Crystal borscht, King School of Vocal. On motion by Councillor B. loannidis the minutes of the regular meeting held September 19, 2011 and special meetings held September 19 & 26, 2011, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr acknowledged Ms. Joyce Evans, Director of Revenue and Deputy City Treasurer, who is the recipient of a Membership Service Award in recognition of 20 years service as a member of the Association of Municipal Managers, Clerks and Treasurers of Ontario. Ms. Denise Keelan, Manager, Aquatics and Athletics, and Alexander Elliot, athlete, provided an overview of the 2011 International Children's Games held in Lanarkshire, Scotland from August 3 - 8, 2011. Kitchener's team of athletes competed in such events as track and field, swimming, soccer and basketball; and Mr. Elliot was the recipient of a Bronze Medal in the 200m Butterfly swimming event. Mayor C. Zehr presented commemorative tokens to the Kitchener team. 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. loannidis Seconded by Councillor J. Gazzola "That Tender T11-070 Park Development - Countrystone Park, be awarded to Cambridge Landscaping Inc., Cambridge, Ontario at their tendered price of $104,179.50, including provisional items and contingencies of $12,000.00, plus H.S.T. of $13,543.34, for a total of $117, 722.84." Carried. Mr. Zenon Gawel attended on behalf of his Mother, property owner of 94 Morgan Avenue, in opposition to Clause 2 of the Community and Infrastructure Services Committee report of this date, dealing with approval of a Demolition Control Application for 86 Morgan Avenue. Mr. Gawel advised that his Mother received a letter dated September 22, 2011 on September 25, 2011 advising of the Community and Infrastructure Services Committee meeting to be held September 26, 2011 in respect to the Demolition Control Application. He was not able to attend the meeting on her behalf given the short notice. He stated that the abutting property owner intends to cut down several large trees that are 80 to 100 years old and to install a driveway adjacent to Mrs. Gawel's driveway. He added that Mrs. Gawel was also informed that a fence is to be constructed between the two properties. Mrs. Gawel's concerns relate to loss of shade from the trees to be taken down and loss of space for snow removal once a fence is constructed; as well as obstruction of the view from her home to the front street resulting from the fence. Mr. Gawel questioned why the proposed driveway could not be placed in the centre of the proposed semi-detached dwelling and inquired as to who would be responsible for any damages to his Mother's property as a result of the new construction. Mr. J. Willmer advised that the matter before Council relates only to demolition of the existing house and Council can decide to either approve or refuse the application, or approve with one condition, being to levy a fine if the proposed new residence is not constructed within 2 years of the demolition of the existing building. He stated that there is no legal authority for Council to impose conditions on the new development as that is regulated by zoning and the owner has the same rights as any other property owner to undertake tree removal in the absence of a tree saving agreement, install a driveway and to construct a fence in accordance with the Fence By-law. He added that it is his understanding asemi-detached dwelling is to be constructed with no garages and there will be open side yards on either side of the lot with the new driveway adjacent to Mrs. Gawel's property. Councillor Y. Fernandes questioned if any other notification was given to Mrs. Gawel other than the letter referred to. Mr. Gawel confirmed that was the first notification received. Councillor B. Vrbanovic questioned if the timing of the notice is normal. Mr. J. Willmer advised that staff endeavour to provide notice as soon as the staff report is completed and he would investigate the circumstances around COUNCIL MINUTES OCTOBER 3, 2011 - 246 - CITY OF KITCHENER this notification. He noted, however, that preliminary notice to request public comment is not required in this instance and the letter is simply to inform residents as to what is to occur on the property. Councillor Vrbanovic referred to concerns he raised at Committee regarding the location of the driveway, noting that there are unique circumstances in respect to site lines given the downhill slope of the street and close proximity to the intersection at Fairway Road. He also noted that vehicular and pedestrian traffic is generated from both the Centreville Chicopee Community Centre and Howard Robertson Public School and with the addition of the semi-detached dwelling, questioned how traffic movement is to be managed to ensure safety of pedestrians in particular. Mr. Willmer reiterated that because this is an existing lot and the zoning is in place to permit asemi-detached dwelling, there is little scope for the City to apply conditions. He added that the City has elected not to pass a by-law to regulate access to a public highway, which other municipalities have done and is one mechanism that could be used to control the location and number of driveways. In this instance however, as the zoning is in place the owner has the right to construct the dwelling with two separate driveways, one for each unit. Mr. Willmer suggested that the only way to address this concern is if in zoning of the areas the City decided that for a consolidated development with interior parking a forward motion access to and from the street would provide safer access. Mr. Willmer confirmed that there is no recourse in this instance other than to initiate good will discussions between the applicant and the adjacent property owner. He further noted that the Region of Waterloo has no control in this instance over the driveway access as it is to a side street and not directly to a Regional road. Councillor Vrbanovic suggested that it may be appropriate for the City to review this issue to determine the feasibility of invoking regulations around driveway access in future. Councillor J. Gazzola questioned the feasibility of deferring this matter for a period of 2 weeks to provide opportunity for dialogue between City staff and the two property owners. Mr. Willmer advised that he was not aware of any adverse impact that would result from deferral for a period of 2 weeks. A motion by Councillor K. Galloway, seconded by Councillor P. Singh, to adopt Clause 2 of the Community and Infrastructure Services Committee report, dealing with Demolition Control Application DC 11/13/Z/ATP (86 Morgan Avenue), was brought forward for consideration. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That Clause 2 of the Community and Infrastructure Services Committee report of this date, dealing with Demolition Control Application DC 11/13/Z/ATP (86 Morgan Avenue), be deferred to the October 17, 2011 special Council meeting to provide opportunity for further dialogue among all interested parties." Mr. B. O'Neill, applicant, requested clarification as to what is to be accomplished by the deferral given it is his right to construct the semi-detached dwelling with separate driveway access for each unit and to remove the trees. He added that the fence spoken of by the delegation relates only to the erection of a temporary construction fence. Mr. O'Neill was advised that the deferral is proposed to provide an opportunity to enter into good will discussions, facilitated by the Ward Councillor, between himself and the adjacent property owner. Mr. O'Neill spoke against further delay as he had expected to be in position to obtain a building permit the following day. Councillor J. Gazzola questioned the impact of a 2-week deferral to the applicant. Mr. O'Neill advised that he had first applied 12 weeks earlier and was advised by staff that he could obtain demolition and building permits on August 23, 2011. On that date he was told that he would have to submit a Demolition Control Application which was not mentioned on his first visit, and which delayed him another 6 weeks. He raised concerns that another 2 week deferral would result in delaying construction into the winter months. Councillor Vrbanovic's motion to defer this matter was then voted on and Carried Council then considered Finance and Corporate Services Department report FCS-11-174 (C. Goodeve), dated September 7, 2011, concerning Heritage Kitchener's consideration of Heritage Permit Application HPA 2011-V-013 (215 Old Carriage Drive), listed as Item 7 b) under Unfinished Business. COUNCIL MINUTES OCTOBER 3, 2011 - 247 - CITY OF KITCHENER Mr. Don Pagett, resident, requested information concerning plans for the new building now that the existing structure has been demolished. He raised concerns with the industrial style of the new building design and questioned how many bedrooms are proposed for the dwelling. He suggested that if it is intended for student housing, it will add more traffic to an already congested neighbourhood; adding that two 16-storey residential structures are also proposed for development at 200 Old Carriage Drive across from the subject property that will further add to the congestion. He referred to an earlier petition signed by approximately 80 area residents who strongly oppose additional student housing and suggested that Council should speak with these individuals to hear first hand what they have experienced over the past 6 months. He added that several homes in the area have been sold and converted for student housing, and real estate agents are posting advertising in the area for student housing. He raised concerns that the neighbourhood is being changed from single family dwellings to student housing and that this will compound existing parking and traffic problems in the area. Councillor B. Vrbanovic questioned if the delegation had any preference between the original building design and the second design under consideration this date. Mr. Pagett advised that he had no preference between the two designs, noting that the second design only reduces the building height in order to comply with the Heritage criteria. Ms. Karen Spencer, applicant and Mr. Rob Hunsperger, Robertson Simmons Architects Inc., attended in support of the Heritage Permit Application (HPA) for 215 Old Carriage Drive. Ms. Spencer provided photographs of homes in the area of Doon Village Road to demonstrate that there is a variety of design styles in the heritage district. She stated that her proposal has been criticized due to its proximity to the community trail and displayed another structure that is more visible to the trail than the proposed location of her building, which will be covered by trees and only partially visible. She added that a flat roof was chosen for the old mill design to address concerns regarding the height and massing of the building. She displayed other existing structures with walk-outs that give the appearance of a 3 storey building at the rear of the property due to a sloping back yard; whereas, her property slopes to the front and therefore, the walk-out is at the front of the building. Ms. Spencer advised that she has gone twice to the Grand River Conservation Authority (GRCA) for permits, the second time to adjust the location of the dwelling so that it is less visible from the trail and has also received minor variance approval from the Committee of Adjustment. Since the first design was turned down, she sought the advice of Heritage Kitchener in June who cautioned to keep the height down and use appropriate materials in keeping with the heritage district, which they have done. She added that she hired an Architect who is experienced in heritage design to ensure the new building is in keeping with the heritage character of the district. Councillor Y. Fernandes requested clarification regarding the minor variance approval. Ms. Spencer advised that a variance was required as the existing lot does not have frontage on a street but rather has access through aright-of-way granted by the City as a result of expropriation of a portion of the subject property to create a lane. It was also noted that the proposed building is a duplex, which complies with zoning of the property and is intended to be used as two residential dwellings. Councillor Fernandes requested clarification that the new design is intended to fit in with the industrial look of another property on Doon Village Road. Ms. Spencer advised that at the Heritage Kitchener meeting in June 2011, a member of the Committee noted that one of the buildings similar to the proposed design that is in the Upper Doon Heritage Conservation District is an old mill design and as such, that building fits in with the neighbourhood and she did follow that design. Councillor K. Galloway asked the delegation to speak to the concerns raised by the previous delegation concerning student housing. Ms. Spencer advised that she lives in the neighbourhood and had rented the previous dwelling on the subject property to students, some of whom were problematic and did her best to address matters of concern. She suggested that her property will not change the circumstances of students moving into the neighbourhood and that one way to stay on top of the issues is to live in the neighbourhood rather than be an absentee landlord. She advised that the incidents referred to happened in 2008 and were addressed at that time; adding that there were no calls to By-law Enforcement prior to that time and there have been no further calls since then. Councillor B. Vrbanovic questioned if Ms. Spencer had preference between the original design and the new design. Mr. Hunsperger suggested that the time to express a preference has passed given the second design has been accepted by Heritage Kitchener staff and has been under substantial review such that it holds the most credence at this time. Ms. Spencer added that this design came closer to approval, noting that it received a tie vote from Heritage Kitchener. She stated that it is her desire to move forward and that she would endeavour to build good relationships with her neighbours. Councillor J. Gazzola questioned if Ms. Spencer intends to live in the new dwelling and COUNCIL MINUTES OCTOBER 3, 2011 - 248 - CITY OF KITCHENER she advised that while she does not, she does live in close proximity and intends to be a responsible landlord. A motion by Councillor K. Galloway, seconded by Councillor J. Gazzola, was brought forward to approve Heritage Permit Application HPA 2011-V-013 for 215 Old Carriage Drive based on the new design and subject to any site plan approvals, if required. Councillor J. Gazzola requested clarification as to the position of Heritage Planning staff and Ms. Michelle Drake, Heritage Planner, confirmed that Heritage Planning staff did recommend approval of the HPA application subject to two conditions, being that the final building permit drawings shall be submitted and approved by Heritage Planning staff prior to issuance of a building permit; and that the final colours for the new building be confirmed and approved by Heritage Planning staff. She also confirmed that the votes by Heritage Kitchener to firstly approve the HPA and secondly, to refuse the HPA were both lost on tie votes and accordingly, the application is before Council to decide the matter. Councillors Z. Janecki and Y. Fernandes spoke in opposition to the motion, commenting that it was their opinion the proposed building design does not fit in with the heritage character of the Upper Doon Heritage Conservation District. Councillor Fernandes added that while outside the approval process, she had concerns with the proposed use of the building given a history of problems with the owners and expressed the hope that as landlords they do take steps to create good neighbour relations. Councillor K. Galloway advised that it was her intent that the two conditions of staff be included in her motion to approve the HPA application. Moved by Councillor K. Galloway Seconded by Councillor J. Gazzola "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA- 2011-V-013 be approved, to permit the construction of a new building at the property municipally addressed 215 Old Carriage Drive, in accordance with the plans submitted with the application, subject to the following conditions: i) That the final building permit drawings be submitted and approved by Heritage Planning staff prior to the issuance of a building permit; and, ii) That the final colours for the new building shall be confirmed and approved by Heritage Planning staff." A recorded vote was requested In favour: Mayor C. Zehr and Councillors J. Gazzola, D. Glenn-Graham, B. loannidis, K. Galloway, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra: Councillors Z. Janecki and Y. Fernandes Motion Carried. Council then considered Chief Administrator's Office report CAO-11-022 (C. Ladd), dated September 29, 2011, recommending support for continued use of the Victoria Park Boathouse as a cultural venue for independent music and a process to assist in facilitating the continued use. Mayor C. Zehr advised that an information session on the Victoria Park Lake Improvements held recently had provided opportunity for City staff to meet with supporters of the Boathouse to address the issue of the Boathouse closure during the period of the lake and shoreline remediation and to clarify misinformation about the arrangements with the current operator. In addition, it gave opportunity for those present to express their support for the Boathouse and what it means to the arts community; and in particular, to the vibrant independent music scene. Mayor Zehr provided guidance related to the Rules of Procedure and requested that those present have respect for the meeting protocol. COUNCIL MINUTES OCTOBER 3, 2011 - 249 - CITY OF KITCHENER Ms. C. Ladd, Chief Administrative Officer, advised that the information session was well attended with over 100 supporters /patrons of the Boathouse in attendance. In addition, opportunity for comments was provided through written and on-line surveys and approximately 275 responses were received. The responses from both the information session and surveys clearly indicated support for continuation of the Boathouse use and its value to the music community; and attendees referred to the facility as a cultural icon that is known not just locally, but nationally and in some cases, internationally as well. Ms. Ladd advised that attendees also support the current operator stating that it is his efforts that actually built it as a cultural icon and it is his network and connections with the music community that allows artists to come to play in this small venue. She stated that compelling arguments were made regarding the value of the Boathouse to the music scene as an incubator for young musicians and families to play together. She further noted that they also spoke of added safety that the venue brings to the park during evening hours, the comments of which were supported by the Victoria Park Neighbourhood Association. Mr. R. Regier addressed comments received relative to the economic value of the Boathouse to the City. He advised that in 2004 the City shifted its economic focus from building and marketing greenfield industrial land to building and support of knowledge /education and intensive creative business clusters. Over time it has become clear that the arts are an important part of building a creative economy, which is in reference to the ability to attract and retain a creative workforce. In this regard, the City supports the Creative Enabling Enterprise and other arts organizations, such as CAFKA. He added that it has also become clear that the music industry is in and of itself generating income and employment Region-wide, and the Boathouse as a catalyst is important to the City in that it is spawning its own industry and supports the vitality of the City and the Region as a creative place to live, work and play. He suggested that the Boathouse could have significant impact in the future and investment toward that end would be in line with the City's Economic Development Strategy currently in place, as well as, in the new strategy under development at this time. Ms. C. Ladd then reviewed staff's recommendation which provides that the Boathouse use continue; improvements to the physical structure and potential expansion of the current operation be explored; first option be given to Mr. Kevin Doyle to maintain operation of the Boathouse subject to a mutually agreed-upon lease arrangement; and, consideration of the Boathouse as an incubator for indie music be included as part of the Economic Development Strategic Plan currently under development. A motion by Councillor F. Etherington, seconded by Councillor K. Galloway, was brought forward for consideration to amend Clause 10 of the Community and Infrastructure Services Committee report by deleting the clause in its entirety and replacing it with the staff recommendations contained in report CAO-11-022 and as modified by Councillor Etherington to add two additional clauses to provide that: the City involve the public, Victoria Park Working Group and Victoria Park Neighbourhood Association in any renovation plan and future use of the Boathouse; and for the benefit of all local musicians that while the existing Boathouse is closed, staff work with Mr. Doyle or another operator if he is not interested, to open a temporary Boathouse at an alternate Downtown location. Ms. Tessa Jennison stated that the combination of the Boathouse location and business operation is unique and irreplaceable to the music community and the City; and supporters recognize that the current proprietor is responsible for building the venue and believe he is crucial to maintaining it as consideration of the future use of the Boathouse moves forward. She circulated a document containing references to personal experiences of supporters and patrons as to how the Boathouse has positively impacted many lives; as well as their concerns should it be lost to the community. She provided examples of how the City benefits from Mr. Doyle's business, including his contributions to the Blues Festival and the fostering of local business ventures such as IRIS Entertainment. She added that testimonials speak to not only the unique location but to the ambience, fair pay for performances and sense of community, and suggested that the Boathouse acts as an unofficial community centre. She further suggested that this kind of community does not develop from a business plan but rather grows organically from a certain set of circumstances and what Mr. Doyle has achieved is rare. Ms. Carrie Humphries advised that she is indebted to Mr. Doyle for her accomplishments within the music industry which led to establishing her business, IRIS Entertainment and most recently in conjunction with Oktoberfest celebrations, her nomination for Woman of the Year. Mr. Andrew Kennedy commented that the Boathouse is more than just a music venue in that it is a caring, compassionate community fostered by Mr. Doyle. He suggested that Mr. Doyle encapsulates the City's community vision and expressed his passion for the Boathouse, its location and its continued operation under Mr. Doyle. COUNCIL MINUTES OCTOBER 3, 2011 - 250 - CITY OF KITCHENER It was noted that Messrs. Steve Montgomery and Paddy Townsend had registered to speak but were unable to attend the meeting. Ms. Anna Maste, Chair, Victoria Park Neighbourhood Association (VPNA), advised that she had polled members of the neighbourhood association and area neighbours, the majority of whom support the Boathouse in its current form. She stated that the only way to ensure the park remains safe is to actually have the Boathouse occupied and encouraged the City and Mr. Doyle to commit to a process to address needed improvements to the facility. She added that the City is to be commended for maintaining the historical heritage of the park area; however, the park community recognizes that it is now becoming part of the larger urban community of the Downtown and that having vibrant spaces to serve the public and improve the safety of the neighbourhood is more important than strictly adhering to heritage concerns. Mr. Steve Parkinson agreed with comments that the Boathouse contributes to the safety of the park, raising concerns of the potential for crime to increase if the Boathouse is no longer there. He added that though it is difficult to run a live music venue as evidenced by the lack thereof, Mr. Doyle has been successful and has provided years of consistent, quality music. Mr. Johnny Charmer advised that he attends the Boathouse both as a performer and fan of live music and it is a place where he goes to meet other creative people, as well as, bring friends to who come from out of town. He stated that there is pressure for artists to move to larger, more diverse centres and the Boathouse helps to retain and attract talent to Kitchener; adding that the Boathouse is a major catalyst in providing a meeting place for all people that should be preserved. Mr. Mark Logan advised that he is a Downtown business owner and works with musicians who travel across the country. He stated that the uniqueness of the Boathouse space is in how it is operated, treating musicians fairly and giving them an audience such that it has developed a reputation across the country among musicians as a place of destination. He suggested that without Mr. Doyle it would be just another venue that would not have the same integrity in providing original, live music. Mr. Dan Graham commented that the Boathouse contributes to the economy in providing employment for musicians, Boathouse staff and its suppliers. He stated that 10 years ago the Region of Waterloo valued arts and culture at $39.1 M which he suggested would be much higher today. He spoke of articles and studies that speak to the social economic benefits of the arts and opportunities for community revitalization, noting that persons often choose the location of their homes and businesses based on amenities available and companies use cultural venues to attract employment talent to their businesses. He added that the Creative Enabling Enterprise has stated that the Region employs approximately 1.3% in the arts and culture sector versus the Ontario average of 2.2%, suggesting there is room to grow. Mr. Gerry Muller advised that he polled neighbouring residents who do not go to the Boathouse and none spoke in opposition to the business. They agree it should remain for reasons of safety as without a late night venue they believe the park will revert to earlier problems. He added that the Boathouse is not just important to those living in the Downtown but is also supported City-wide and encouraged the Boathouse to remain as an integral part of the community. Mr. Julian Fauth advised that as an award winning musician he is one of the success stories attributable to Mr. Doyle, who has been instrumental in assisting up and coming local musicians and has attracted a great diversity of music, as well as renowned artists to the area. He added that if taken away there is nothing that can replace the Boathouse and encouraged the City to do all it can to make the terms favourable for continued operation by Mr. Doyle. Mr. Rych Mills, Victoria Park Working Group, advised that the Group supports the staff recommendations, including the additional recommendations of Councillor Etherington and it is their intention to continue to work with the City to address issues of concern related to the Boathouse structure. Mr. John Brothers spoke to accountability of the Boathouse operation to ratepayers, suggesting that the City formulate an independent, voluntary Board of Directors to represent the values and interests of the Boathouse supporters and employ Mr. Doyle as the Executive Director. He stated that regardless of who the Executive Director was, he would challenge that person for the greater good of the community to: present a strategic plan to the City and Board of Directors with measurable outcomes on how special interest groups could submit ideas for live music venues; prepare a manual for special interest groups to capture the wisdom of the current proprietor; generate funds and a COUNCIL MINUTES OCTOBER 3, 2011 - 251 - CITY OF KITCHENER scheduling formula that maximizes use of the Boathouse and provides financial stability year round; reinvest profits back into the community to ensure viability of the Boathouse; and, provide a succession plan that will allow the venue to move forward regardless of the operator. Mr. George White, Grand River Blues Society, advised that the Society has a close relationship with the Boathouse and has collaborated with Mr. Doyle on compilation of a CD of local musicians which is being sent out across North America. He spoke of partnering in youth programming and fundraising to promote music and local artists; and expressed the view that the Boathouse operation as a unique cultural icon stems from Mr. Doyle's desire to put artists before financial gain. Mr. Rob Berkshire, Kitchener Blues Festival, commented that there is no other venue that provides the extent of support given to the music community through the Boathouse operation and its location would be difficult to replicate. Mr. Berkshire advised that Mr. Doyle was a member of the Board of Directors of the Blues Festival, the growth of which has been influenced through his connections and nurturing of local talent. He expressed the opinion that without this vibrant local music scene the Festival would not have grown to what it is today. Mayor C. Zehr advised that Mr. Kevin Doyle was in attendance to answer questions of Council. Councillor F. Etherington questioned if it was Mr. Doyle's intent to close at the end of October 2011. Mr. K. Doyle stated that because he was operating on a month to month basis there was no option to extend operation of his business beyond December 30, 2011 in any event. He acknowledged receipt of a letter on August 30, 2011 which advised that he must cease operation on September 30t" unless he chose to negotiate arrangements to remain open until the end of December 2011. He noted that a New Year's Eve event is important to any business but there was no way he could provide such a venue and be in a position to vacate the premises the next day. Mr. Doyle stated that it was his understanding that work to remove the patio was to commence on October 3rd and the patio is an integral part of his business during fair weather conditions. He noted that dredging of the lake will evoke foul odors and trucks operating to remove the sediment are likely to leave debris that pedestrians would have to walk through requiring added work to maintain cleanliness in and around the business. Mr. Doyle stated that he took into consideration the acts that have been booked and what would be an appropriate period of time to give notice and came to the decision to cease his operation at the end of October. Councillor Etherington questioned if Mr. Doyle had interest in pursuing a temporary location to continue his business in the interim of completing the remediation work. Mr. Doyle stated that the start-up costs would be too prohibitive and another building would not have the same atmosphere. Mayor C. Zehr clarified that the August letter sent to Mr. Doyle extended an option to him to remain open during October to December 2011, subject to signing a release agreement acknowledging the construction work and to save the City harmless of any potential impact to his business; however, in the release signed by Mr. Doyle, Mr. Doyle had specified a closing date as at the end of October. Mr. Doyle acknowledged that was correct and reiterated his concerns related to removal of the patio and the construction debris that would affect the atmosphere of his business. Mr. G. Murphy, Director of Engineering Services, clarified that the tender for the construction work is to be awarded by Council on October 24, 2011. The design work has been completed which includes the work to take place around the Boathouse and there will be significant disruption to activities in and around the structure. He confirmed that there will be an access point adjacent to the Boathouse for excavation trucks and construction fencing is to be erected around the perimeter of the park which will also prevent access to the back of the Boathouse. Mr. Murphy advised that lowering of the water level in the lake will commence at a time following Thanksgiving weekend at which time the sediment will be exposed and a fish removal program will also be underway. He added that when the construction contract is awarded, the contractor is expected to start work in the early part of November. Mr. Doyle noted that if he had a contract instead of a month to month arrangement with the City he would have been eligible for some form of reimbursement if deemed by the City to have suffered loss of business due to the construction project. He acknowledged that this is not the case but pointed out that if no one attends his business due to the construction he would still have to pay his staff and any musicians laying at the venue. He advised that as he understood the patio removal would begin on October 3r he thought that was the date construction was to start and it did not make sense to him to remain open beyond the end of October. COUNCIL MINUTES OCTOBER 3, 2011 - 252 - CITY OF KITCHENER Mr. G. Murphy advised that the expectation of the start of work is with the hoarding /fencing around the park which will take a period of time and in regard to the staging of work, he advised that there is no specific plan at this time as it will be up to the general contract initiating the work. He stated that the City will be in a better position to understand the staging of the work in 2-3 weeks time. Mayor C. Zehr clarified that the August letter references the October 3rd date relative only to commencement of lowering the water level in the lake and not to dismantling of the patio. He reiterated that Mr. Doyle did not have a contract, which has caused some misunderstanding; however, Mr. Doyle was given the option to continue his business through to the end of December 2011. Councillor B. Vrbanovic questioned if there is opportunity to have further dialogue with Mr. Doyle to determine if a functional arrangement could be worked out that would allow the work to go on and potentially allow Mr. Doyle to stay open until the end of the year. Mr. Murphy advised that the correspondence does talk about a range of timeframes for the patio and dock work to begin in November-December and in terms of where the project timelines are today he believed there is still opportunity to dialogue with the operator to identify opportunities to mitigate the impact of the work. Councillor Vrbanovic asked Mr. Doyle if he would be interested in further dialogue to determine the feasibility of remaining open until the end of the year and Mr. Doyle responded that he would be open to further dialogue. Councillor Vrbanovic suggested that staff be directed to engage in further discussions with Mr. Doyle. Mayor Zehr agreed that this was encouraging given Mr. Doyle's previous answer through the signed release, was his intention to close at the end of October. He added that the comments made by staff are consistent with the August 26t" letter relative to the October 3rd date and commencement of the patio work in November-December. Councillor B. loannidis asked Mr. Doyle if previous to the emergence of discussions over the past week he had spoken to his Ward Councillor to discuss his concerns. Mr. Doyle advised that he had not, stating that the rental arrangements were between him and the City and he had thought they would be able to come to a resolution. Councillor Y. Fernandes questioned if any further discussions have been undertaken in regard to an alternate location and if there is any other location in close proximity to the Boathouse. Mr. R. Regier, Executive Director of Economic Development, advised that the Kitchener Downtown Business Improvement Area (KDBIA) has primarily been looking after finding alternate sites and it was his understanding there is no venue available in the immediate area but there are others within the Downtown. Councillor Z. Janecki inquired if there is any issue with the Boathouse in terms of compliance under the Fire Code as it relates to capacity. Mr. Doyle advised that under terms of his liquor license he is allowed to have a maximum of 81 persons, including staff and he has an employee count at the door to ensure the business complies. Councillor J. Gazzola raised concerns with Councillor Etherington's additional paragraph concerning a temporary location and in particular, reference to another operator. Councillor B. Vrbanovic also requested clarification of the intent, commenting that if it is intended to ultimately have another operator he would have difficulty supporting the motion on that basis. Councillor Etherington advised that his first priority is to the musicians to have a venue to perform and secondly, to offering Mr. Doyle the opportunity to continue his business during the time the work is to be completed. He suggested that in the event Mr. Doyle is not interested in continuing on a temporary basis there may be other interested parties which should be explored. Councillor Vrbanovic stated that the focus for him is on reaching a long term solution with Mr. Doyle; however, in respect to a temporary venue, if Mr. Doyle is not interested it would make sense to explore other interested parties in the short term. Mayor C. Zehr suggested that either the paragraph could be dealt with separately or be amended to remove reference to another operator. Moved by Councillor B. Vrbanovic Seconded by Councillor B. loannidis "That Clause 10, as amended, be further amended to remove the phrase "or another operator, if he is not interested" from the final paragraph." Councillor D. Glenn-Graham spoke against the amendment, commenting that the intent does not conflict with plans to negotiate with Mr. Doyle and expressing the opinion that all opportunity for operation of the Boathouse is worth exploring. COUNCIL MINUTES OCTOBER 3, 2011 - 253 - CITY OF KITCHENER Councillor J. Gazzola spoke in favour of the amendment, suggesting that reference to another operator moves away from where discussions have been leading. Councillor B. loannidis added that negotiations should be entered into with Mr. Doyle on the basis of good faith and not be marred by perception of another outcome. Councillor Etherington advised that he was not opposed to the amendment, reiterating that his intent was to have a venue for musicians during the period of closure in light of indication that there are other possible locations in the Downtown. Councillor Vrbanovic's motion to amend the final paragraph of Clause 10 was then voted on and Carried. Councillor B. Vrbanovic spoke in favour of the main motion, as amended, expressing his hope that what has transpired has created opportunity to harness the energy of the community and to grow the music scene. Councillor K. Galloway commented on the importance of growing the arts /culture sector through development of policy, as indicated in the motion through inclusion of the Boathouse in consideration of development of the new Economic Development Strategy. Councillor Z. Janecki supported involvement of the Victoria Park Neighbourhood Association and the Working Group going forward as a benefit to the community. Councillor J. Gazzola expressed the opinion that the community needs to understand that while Mr. Doyle is being granted first rights it is not a guarantee as it is subject to negotiations; and while he can support the motion, the community should be aware that Council must represent the best interests of the whole of the community. Mayor C. Zehr commented that it has been made clear from both the Boathouse supporters and Council of the desire for Mr. Doyle to continue his use of the Boathouse but there is also an awareness of the deficiencies of the structure. He noted that following an analysis, Council will be dealing with a report outlining what improvements need to be addressed and there will be costs associated with the work. He stated that it may not be easy to negotiate a mutually satisfactory lease with Mr. Doyle but it will be done in good faith; adding that the City has a legal obligation to rent facilities at fair market value and must ensure that any of the current arrangements are also satisfactory in a manner of good faith. Mayor Zehr stated that while he hopes a mutually satisfactory agreement can be reached with Mr. Doyle, the motion provides that should that not happen the community and others will have an opportunity to express their interest in how the Boathouse will operate. He concurred that it is also important to include the Boathouse as a component of the Economic Development Strategic Plan and consultation with the Victoria Park Neighbourhood Association is essential. Mayor Zehr called the community and the music industry to action, asking them to get behind and continue their support of the Boathouse operation in whatever shape it takes going forward. Moved by Councillor F. Etherington Seconded by Councillor K. Galloway "That Clause 10 of the Community and Infrastructure Services Committee report of this date be adopted, as amended, by deleting the clause in its entirety and replacing it with the staff recommendations contained in report CAO-11-022 and as modified to add two additional clauses to provide that: the City involve the public, Victoria Park Working Group and Victoria Park Neighbourhood Association in any renovation plan and future use of the Boathouse; and for the benefit of all local musicians that while the existing Boathouse is closed staff work with Mr. Doyle to open a temporary Boathouse at an alternate Downtown location." Carried Unanimously, on a recorded vote. Council then considered Item 7 a) under Unfinished Business regarding a recommendation by Heritage Kitchener to list 2091 Bleams Road on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest in accordance with the Statement of Significance attached to Community Services Department report CSD-11-080. A motion by Councillor K. Galloway, seconded by Councillor Z. Janecki, was brought forward for consideration to not list 2091 Bleams Road on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest. COUNCIL MINUTES OCTOBER 3, 2011 - 254 - CITY OF KITCHENER Mr. Bob Knox, property owner, advised that since this matter was first discussed at the August 29, 2011 Council meeting, he had met with Mr. L. Bensason, Coordinator, Cultural Heritage Planning, who had explained the purpose of the Register and provided examples to him of other developers who had undertaken alterations to properties listed on the Register. He advised that he is not a developer and cannot afford to do restorations to the same level. He raised concerns with regard to devaluation of his property, noting that he had requested a copy of a study referred to by Mr. Bensason which he indicated provides evidence that properties listed on the Register do not loose their value; however, he had not yet received a copy of the study. Mr. Knox advised that he had discussed this issue with several real estate advisors who reviewed his property in context of future plans of the City and they indicated that if listed, his property would be less saleable and he would be at a bargaining disadvantage with other properties on the market in the area. Councillor Z. Janecki advised that while he was reluctant, on the basis of the concerns raised by the delegation concerning his financial circumstances, he would support the motion. Councillors J. Gazzola and D. Glenn-Graham spoke against the motion, commenting that listing of the property on the Heritage Register would have no adverse impact to the property owner and simply provides the City with an opportunity to again review the property in the event of proposed demolition. Councillor K. Galloway commented that in this case, the matter concerns an independent property owner who is concerned with preserving his investment. She suggested that should he not be able to proceed with restorations and needed to sell the property, the listing could make the sale of the property more challenging. Moved by Councillor K. Galloway Seconded by Councillor Z. Janecki "That 2091 Bleams Road not be listed on the Municipal Heritage Register as anon-designated property of cultural heritage value or interest." A recorded vote was requested In Favour: Mayor C. Zehr and Councillors B. loannidis, Z. Janecki, Y. Fernandes, K. Galloway, S. Davey, B. Vrbanovic and P. Singh Contra: Councillors J. Gazzola, D. Glenn-Graham and F. Etherington Motion Carried. Moved by Councillor K. Galloway Seconded by Councillor P. Singh "That the report of the Community & Infrastructure Services Committee be adopted." Voted on Clause by Clause Clause 2 - Dealt with under Delegations and Deferred to the October 17, 2011 special Council meeting Clause 10 -Carried Unanimously, on a recorded vote Balance of report -Carried Unanimously Moved by Councillor S. Davey Seconded by Councillor K. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Carried. COUNCIL MINUTES OCTOBER 3, 2011 - 255 - CITY OF KITCHENER At the request of Councillor Z. Janecki, it was agreed to direct staff to investigate the feasibility of renaming a portion of Old Zeller Drive to provide continuous street naming for Zeller Drive and report their findings to a future Planning and Strategic Initiatives Committee meeting. At the request of Councillor B. Vrbanovic, it was agreed to direct staff to undertake a review in light of previous discussions concerning the Demolition Control Application for 86 Morgan Avenue, to determine the feasibility of invoking regulations around driveway access and report their findings to a future Community and Infrastructure Services Committee meeting. Councillor Y. Fernandes also asked in reference to concerns regarding 86 Morgan Avenue, that staff review notification procedures to ensure timely notice is given to residents in development matters taking place in their neighbourhood. Councillor K. Galloway noted that during the previous term of Council she had asked that staff review the process in which the City engages the public in planning matters and questioned if this is still under review. Mr. J. Willmer advised that one independent aspect was already dealt with and the full report is to come forward for consideration at the October 17, 2011 Community and Infrastructure Services Committee meeting. Councillor B. Vrbanovic advised that in light of a recent accident fatality on Fairway Road South in the vicinity of Thaler Avenue and River Road, he would like to introduce a motion to request the Region of Waterloo to review traffic safety measures on Fairway Road, between Morgan Avenue and River Road; and asked that the requirement for Notice of Motion be waived. Moved by Councillor B. Vrbanovic Seconded by Councillor Y. Fernandes "That pursuant to Section 25.7.14 of Chapter 25 (Council Procedure) of the Municipal Code, Council waive the requirement for Notice of Motion with respect to a motion to request the Region of Waterloo to review traffic safety measures on Fairway Road, between Morgan Avenue and River Road." Carried, with required 2/3 majority. Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh "WHEREAS there has been increasing volumes of traffic and speeding on Fairway Road; and, WHEREAS there is a large amount of pedestrian traffic and young children in the area, including the presence of Howard Robertson school; and, WHEREAS there has reportedly been a number of accidents, including a recent fatality where the driver was not charged with being at fault; NOW THEREFORE BE IT RESOLVED that the City of Kitchener requests the Region of Waterloo to review Fairway Road between Morgan Avenue and River Road to determine if additional traffic safety measures and / or signalization options are needed." Carried. At the request of Councillor D. Glenn-Graham, it was agreed to direct staff relative to earlier discussions concerning sustainable forest management practices, to bundle the different tools used by Neighbourhood Associations on the City's website to provide access to the varying templates for persons wanting to use them to survey their neighbourhood trees. Councillor F. Etherington requested an update on staff's progress in reviewing best practices of other municipalities related to regulating placement of methadone clinics. Mr. J. Willmer advised that a review is still in progress and a report will come forward at a future date. Moved by Councillor Y. Fernandes Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely COUNCIL MINUTES OCTOBER 3, 2011 - 256 - CITY OF KITCHENER (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 widening of part of Pioneer Tower Road as a public highway in the City of Kitchener. (e) Being a by-law to exempt certain lands from Part Lot Control -Part of Lots 32, 33, 39 and 40 and Lots 34, 35, 36, 37 and 38, Registered Plan 58M-328 - Fallview Court and Fallowfield Drive. (f) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. loannidis as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. loannidis 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 Y. Fernandes Seconded by Councillor B. Vrbanovic 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. 2011-140) (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. 2011-141) (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. 2011-142) (d) Being a by-law to provide for the widening of part of Pioneer Tower Road as a public highway in the City of Kitchener. (By-law No. 2011-143) COUNCIL MINUTES OCTOBER 3, 2011 - 257 - CITY OF KITCHENER (e) Being a by-law to exempt certain lands from Part Lot Control -Part of Lots 32, 33, 39 and 40 and Lots 34, 35, 36, 37 and 38, Registered Plan 58M-328 - Fallview Court and Fallowfield Drive. (By-law No. 2011-144) (f) To confirm all actions and proceedings of the Council. (By-law No. 2011-145) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:35 p. m. MAYOR CLERK COUNCIL MINUTES OCTOBER 3, 2011 - 258 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - 1. That Zoe Naugler be appointed to the Safe & Healthy Community Advisory Committee (Land Use Planning representative) for the term ending November 30, 2012. 2. That Demolition Control Application DC11/13/Z/ATP requesting permission to demolish one (1) single detached dwelling located at 86 Morgan Avenue, owned by William O'Neill and Richard DeGroot, be approved subject to the following condition: 1) That the Applicant obtains a building permit for the proposed residential dwelling unit; and, That upon satisfaction of condition 1, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the new dwelling unit is not substantially complete within 2- years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. (Dealt with under Delegations and deferred to the October 17, 2011 special Council meeting pending further dialogue among all interested parties) 3. That Demolition Control Application DC11/11/W/AP requesting permission to demolish one single detached dwelling, municipally addressed as 20 Westmount Road West, owned by Right Angle Holdings, be approved, subject to the following conditions: 1) That the owner obtains a building permit for the proposed multiple dwelling; 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 multiple dwelling is not substantially complete within 2- years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 4. That Demolition Control Application DC11/009/S/GS requesting permission to demolish a duplex at 79 Scott Street and four single detached dwellings located at 83 Scott Street, 15 Pearl Place, 25 Pearl Place, and 29 Pearl Place, owned by Richard Altvater & Sons Ltd., Ter- Building Investments Ltd., and EIWO Canadian Management Ltd., be approved without conditions. 5. WHEREAS, breastfeeding is recognized as an important way to provide food and immunologic protection for the health, growth and development of infants and children; and, WHEREAS, a mother's decision to breastfeed her child in public is supported by the Ontario Human Rights Commission; and, WHEREAS, Waterloo Region Public Health supports the World Health Organization (WHO) and Health Canada in recommending breastfeeding for a child up to two years of age and beyond; and, WHEREAS, there is a wide variation in public attitudes towards breastfeeding in public; THEREFORE BE IT RESOLVED that all facilities managed by the City of Kitchener be declared as breastfeeding-friendly places; and, COUNCIL MINUTES OCTOBER 3, 2011 - 259 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (Cont'd) 5. (Cont'd) BE IT FURTHER RESOLVED that all City of Kitchener facilities post signage, as attached to Community Services Department report CSD-11-130, to show that they are breastfeeding- friendly facilities; and, BE IT FINALLY RESOLVED that staff continue to work with Waterloo Region Baby-Friendly Initiative Advisory Group, communicating the benefits of and supporting breastfeeding in our community. 6. That five (5) speed humps, two (2) speed cushions and two (2) raised crosswalks be installed on Pioneer Drive/Bechtel Drive between Doon Village Road and Doon Village Road. 7. That staff be directed to take no further action at this time on the potential of a new spectator arena for the City of Kitchener; and, That consideration of the revised expansion proposal by the Kitchener Rangers Hockey Club as outlined in Community Services Department report CSD-11-102 be tabled pending a neighbourhood meeting, public engagement, a review of the loan options and a 3rd party review of the new Kitchener Ranger Hockey Club business case; and further, That a final report updating the outcomes of the neighbourhood meeting, engagement and reviews be presented to Community and Infrastructure Services Committee on November 7, 2011. 8. That the golf enterprise membership fees as outlined in Community Services Department report CSD-11-107, and including the early bird rates as presented to the Community and Infrastructure Services Committee, be adopted for the 2012 golf season. 9. That the final report regarding the findings of the City-wide Sanitary Sewer System Capacity Study conducted by AECOM Canada Ltd. consultants be accepted, and that recommendations for sanitary sewer system upgrades contained within the report be taken into consideration by staff in the capital budget's 10-year forecast. 10. That City Council support the continued use of the Boathouse as a cultural venue for independent music and undertake the following process for the continued use of the Boathouse; and, That an operational analysis be conducted in consultation with the current operation to determine what improvements need to be undertaken in order to ensure efficient and profitable operation as a live music venue; and, That staff be directed to conduct a structural analysis of the existing building based on the operational improvements which have been identified; and, That staff present to City Council proposed renovations and associated costs for consideration; and, That provided the current operator maintains timely licence payments until the temporary closure of the Boathouse, staff be directed to negotiate mutually satisfactory lease arrangements with the current operator including length of lease, operating terms and monthly lease rate; and, In the event satisfactory terms cannot be reached, that staff develop an open process to invite expressions of interests for an operator for a live music venue at the Boathouse for Council's consideration and approval; and, That the Boathouse as an incubator for indie music be referred to and considered as part of the Economic Development Strategic Plan currently under development; and, COUNCIL MINUTES OCTOBER 3, 2011 - 260 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE - (Cont'd) 10. (Cont'd) That the City involve the public, the Victoria Park Working Group and the Victoria Park Neighbourhood Association in any renovation plan and future use of the Boathouse; and further, That for the benefit of musicians while the Boathouse is closed City staff work with Mr. Kevin Doyle to open a temporary Boathouse at an alternate downtown location. (Dealt with under Delegations and Carried Unanimously as Amended, on a recorded vote) FINANCE AND CORPORATE SERVICES COMMITTEE - That the Grand River Accessibility Advisory Committee Work Plan (2011-2012), as attached to Community Services Department report CSD-11-127, be approved. That the Corporation of the City of Kitchener's lands located on Sunbridge Crescent, in the City of Kitchener, described as Block B, Plan 1107, be declared surplus to the City's needs and sold to the abutting property owner at 23 Sunbridge Crescent for a total purchase price of $4337.00 plus HST; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to effect this transaction with the property owner, said documentation to be to the satisfaction of the City Solicitor. That the Corporation of the City of Kitchener's lands located along the southerly boundary of 19-37 Mill Street, adjacent to the Iron Horse Trail, to be further described on a Reference Plan, be declared surplus to the City's needs and sold to the abutting property owner for fair market value; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to effect this transaction with the property owner, said documentation to be to the satisfaction of the City Solicitor. COUNCIL MINUTES OCTOBER 3, 2011 - 261 - 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-11-180 -Committee of Adjustment -Sign Variance Council considered Finance and Corporate Services Department report FCS-11-180 (J. Billett), dated September 21, 2011. It was resolved: "That the application of Access Self Storage Inc. (SG 2011-013 - 50 Ottawa Street South) requesting permission to erect a ground supported sign at the corner of Charles Street and Ottawa Street South, having a height of 8.37m (27.46`) rather than the permitted 7.5m (24.61`), on Lots 1-11, Plan 262, Part Lot 486, Streets & Lanes and Part Park Lot 25, Plan 404, being Parts 2-5 & 7, Reference Plan 58R-2633, 50 Ottawa Street South Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener for the proposed sign. 2. That the owner of 50 Ottawa Street South shall remove the ground supported sign, at his/her cost, when notified by the Regional Municipality of Waterloo that they are proceeding with Rapid Transit in front of the subject property." 3. FCS-11-181 -Liquor Licence Review Application -The Break Room Inc. Council considered Finance and Corporate Services Department report FCS-11-181 (P. Harris), dated September 23, 2011. It was resolved: "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 licence for The Break Room located at 29 King Street East, applied for by The Break Room Inc. (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee and attend its meetings; 3. to abide by a set 50% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words alcohol sales will be limited to 50% of gross refreshment sales; COUNCIL MINUTES OCTOBER 3, 2011 - 262 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. FCS-11-181 - Liauor Licence Review Aaalication -The Break Room Inc. (Cont'd 4. to stop serving alcohol by 2:00 a.m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 4. FCS-11-183 -Liquor Licence Review Application -The Silver Spoon Council considered Finance and Corporate Services Department report FCS-11-183 (P. Harris), dated September 26, 2011. It was resolved: "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 The Silver Spoon located at 217 King Street West, applied for by Keras Information Systems Inc. (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 12:01 a. m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a. m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors assigns and subsequent licence holders (if any)." 5. FCS-11-184 -Liquor Licence Review Application -Bistro 15 Council considered Finance and Corporate Services Department report FCS-11-184 (P. Harris), dated September 27, 2011. It was resolved: COUNCIL MINUTES OCTOBER 3, 2011 - 263 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. FCS-11-184 -Liquor Licence Review Application -Bistro 15 (Cont'd) "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 Bistro 15 located at 15 Scott Street, applied for by Ken Pearce (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should he be willing wherein the applicant agrees to abide by the following conditions and to request they be added to his licence if the Alcohol and Gaming Commission of Ontario chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become an active member of the Downtown Kitchener Business Improvement Area's License and Entertainment Committee and attend its meetings; 3. to abide by a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words alcohol sales will be limited to 30% of gross refreshment sales; 4. to stop serving alcohol by 12:01 a. m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a. m. daily; 5. to notify the Clerk of the City of Kitchener in writing of any application to change the license at the time the application for change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City Council; 6. to comply with the Noise By-law and the Region of Waterloo Smoking By-law; and, 7. these conditions shall bind all successors assigns and subsequent licence holders (if any)."