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HomeMy WebLinkAboutCouncil - 2012-03-05COUNCIL MINUTES MARCH 5, 2012 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor Z. Janecki. The meeting began with the singing of “O Canada” by Crystal Dorscht, King School of Vocal. On motion by Councillor F. Etherington the minutes of the regular meeting held February 6, 2012 and special meetings held February 6 & 27, 2012, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL Mayor C. Zehr along with Chief T. Beckett, Kitchener Fire Services, recognized Kitchener Fire Fighter Nick Dorken who saved an individual from a burning vehicle, while on vacation in Florida. Mayor Zehr advised that Mr. Bradley Barbour, Chairman, Waterloo-Wellington Branch, The Monarchist League of Canada, listed as a delegation was unable to attend tonight’s meeting. Mr. Steve Bienkowski, Chief Operating Officer, Kitchener Rangers Hockey Club (Rangers), gave a presentation on the parking plan proposed for the Kitchener Memorial Auditorium Complex (KMAC). He advised that final estimates indicated KMAC would be expanding by 968 seats, which equates to having to accommodate 385 new cars. He stated that the Rangers were looking into a single viable solution to the issue but decided to investigate a multi-faceted solution. This would allow more flexibility by developing working solutions and discarding those found not to be working. He provided an overview of their new multiple step approach, which includes: Bus “To - From Us” Service; Commuter Lot - Preferred Parking Location; Car Pool Promotion; Grand River Transit (GRT); Limited Expansion of on-site parking by 109 spaces; Paid Lot - Preferred Location; Staff Transportation Service; Enforcement of Current Parking Regulations; and, Education on the various parking and transportation options. Mr. Bienkowski further advised that the Rangers have begun an event car pool promotion and starting next season will be implementing the Bus “To - From Us” Service, providing free bus services from eight locations that offer free parking. He added that partnership interest has been confirmed with seven of eight locations, with incentives being offered by the Rangers to the participating businesses. In response to questions, Mr. Bienkowski advised that with respect to the proposed paid parking lot, it was their intention that the City would collect 100% of the revenue generated from those spaces. He estimated this could equate to over $60,000. per Rangers season, not including any additional revenues from other events held at KMAC. He stated that preliminary discussions have taken place between the Rangers, GRT and City staff to develop a promotion to increase GRT ridership to Rangers games. Concerning the errors in the street parking study, he advised those related to a miscalculation of some roads where parking was identified as being available on both sides of the street. He indicated the difference of available on-street parking spaces was negligible and did not impact the overall conclusions of the study. He added that one of their goals is to not increase the amount of on-street parking as a result of the KMAC expansion. Mayor Zehr requested that copies of Mr. Bienkowski’s presentation be circulated to members of Council. Ms. K. Kugler, Director of Enterprise, advised that staff anticipate bringing a report forward on this matter to the April 16, 2012 Community and Infrastructure Services Committee meeting. She indicated that, at that time, staff will be seeking direction on the proposed commuter lot, the introduction of limited paid parking as well as a strategy on the potential expansion of the number of on-site parking spaces. Mr. James Howe addressed Council on behalf of the Auditorium Neighbourhood Association, stating that while he supports the proposed parking measures, additional steps are needed to mitigate the impact additional parking requirements will have on area residents. He expressed support for the COUNCIL MINUTES MARCH 5, 2012 55CITY OF KITCHENER - - proposed construction of 109 additional parking spaces, as well as converting existing spaces into commuter and paid parking lots He requested the City lobby the Region of Waterloo to establish express GRT bus routes to KMAC, providing free transportation to anyone with a ticket to a Rangers game. He added a marketing study should also be undertaken with respect to paid parking to determine what price point would avoid the transferring of vehicles to residential streets and associated incentives. He further suggested that the City contact all residents in the area where parking is currently permitted on both sides of the street, to identify whether those residents would like the winter parking restrictions extended to cover the Rangers season. Several members spoke in support of the Rangers regarding the proposed parking mitigation measures, noting that the Rangers have no obligation to address parking issues at KMAC; but, are doing so as an act of good faith. Ms. Debbie Chapman, Cherry Park Neighbourhood Association (CHNA), addressed Council regarding her group’s Tier 2 grant application for funding to assist with the annual Cherry Festival, as listed under Paragraph 2 of Clause 5 on the Community and Infrastructure Services Committee report. She circulated copies of the CHNA’s updated financial information, which depicts the CHNA 2012 Operating Budget with and without the requested Tier 2 funding. She stated that the Peer and Staff Review Committee recommended a grant allocation of $7,000., which is the same level of support that was provided in 2011. She requested that the grant funding be increased to $15,000., noting lessons learned from the 2010 and 2011 Festivals have contributed to the improvements planned for the 2012 event. To this, the additional funds would be used toward the cost of providing a shaded canopy tent by the main stage, paid musicians as well as a feature band to help increase attendance. Ms. Chapman advised that the reasoning given for the partial funding recommendation, related to the surplus of $4,755. achieved for the 2011 event. She stated that a portion of those funds would be re-invested into the 2012 event, with the remaining being used toward a neighbourhood mural project, the CHNA Corn Social and a Clean-up Barbeque. In response to questions, Ms. Chapman advised that in addition to the Tier 2 grant, the CHNA also receives $750. a year from the City to assist with costs related to some of their community programming. Mr. Brian Courtney, Treasurer, CHNA, clarified that the first section of the circulated financial information shows the 2012 Operating Budget with a contribution from the City in the amount of $15,500., which represents their requested grant funding and mistakenly includes a portion of their annual funding allocation. He confirmed that a salary of $2,500. is paid to the Festival Coordinator. Ms. Chapman stated the approximately $13,000. increase in 2012 for production / entertainment is intended to help grow the event. She commented that if their request for additional funds is not successful, then they would reduce the scale of the 2012 event down to the 2011 level. A motion was brought forward by Councillor Y. Fernandes, seconded by Councillor J. Gazzola, to amend Paragraph 2 of Clause 5 of the Community and Infrastructure Services Committee report to increase the 2012 Tier 2 grant allocation for the Cherry Park Neighbourhood Association (Cherry Festival) from $7,000. to $11,000. Councillor Fernandes advised that having attended last year’s Festival, she believes the City is getting considerable value from the 50 volunteers who organize the event. She stated the proposed grant increase is intended to support the growth of the Festival, suggesting that the 2011 surplus could be used to make up the difference between her proposed allocation and the requested $15,000. Councillor K. Galloway advised that while she was in favour of providing additional funding to assist in growing the Festival, she could not support the increase proposed by Councillor Fernandes. She expressed concern with CHNA’s 2012 grant request for more than twice the amount allocated for the 2011 Festival, which produced a surplus of over $4,000. She pointed out the 2011 surplus is being applied to the Neighbourhood Association’s programming costs projected for 2012, adding that grants are not intended for those purposes. She stated that while she appreciates the efforts of the Cherry Festival volunteers, there are other Festivals held elsewhere in the community that do not receive any support from the City. She suggested that it would be more appropriate to provide the remaining unallocated portion of the 2012 Tier 2 Grant Budget in the amount of $1,888. as well as in-kind funding for marketing and printing services. LOST Councillor Y. Fernandes’ motion to amend Clause 5 was then voted on and on a tied recorded vote with Councillors Y. Fernandes, D. Glenn-Graham, J. Gazzola, B. Vrbanovic, and F. Etherington voting in favour; and Mayor C. Zehr and Councillors S. Davey, P. Singh, B. Ioannidis, and K. Galloway voting in opposition. Councillor Z. Janecki was absent from this meeting. COUNCIL MINUTES MARCH 5, 2012 56CITY OF KITCHENER - - A further motion was brought forward by Councillor F. Etherington, seconded by Councillor J. Gazzola, to amend Paragraph 2 of Clause 5 of the Community and Infrastructure Services Committee report to increase the 2012 Tier 2 grant for the Cherry Park Neighbourhood Association (Cherry Festival) to $10,000. LOST Councillor F. Etherington’s motion was then voted on and on a tied recorded vote with Councillors Y. Fernandes, D. Glenn-Graham, J. Gazzola, B. Vrbanovic, and F. Etherington voting in favour; and Mayor C. Zehr and Councillors S. Davey, P. Singh, B. Ioannidis, and K. Galloway voting in opposition. Councillor Z. Janecki was absent from this meeting. A motion was brought forward by Councillor K. Galloway, seconded by Councillor P. Singh, to amend Paragraph 2 of Clause 5 of the Community and Infrastructure Services Committee report to approve a 2012 Tier 2 grant for the Cherry Park Neighbourhood Association (Cherry Festival) in the amount of $9,888. ($8,888. cash; $1,000. in-kind for marketing and printing). Councillor K. Galloway’s amendment to Paragraph 2 of Clause 5 of the Community and Infrastructure Carried Services Committee report was then voted on and was . Mr. Dave Van Dam, Monarch Landscaping, attended in support of Item B.3(i) of the Committee of the Whole agenda of this date with respect to Committee of Adjustment Submission No. FN 2012-001 (2 Westgate Walk). Moved by Councillor Y. Fernandes Seconded by Councillor J. Gazzola “That the application of Peter Hodson & Vicki Gohl (FN 2012-001 – 2 Westgate Walk) requesting legalization of a brick fence under construction be used to support a pergola structure, having a height of 2.9m (9.51‘) rather than the permitted 2.44m (8.0’), as shown in BE the drawings provided with this application, on Lot 1, Plan 977, 2 Westgate Walk, APPROVED .” Carried. Mr. Doug Brunton, resident, Grand Hill Village, gave a presentation in opposition to the stormwater management fee being applied to the area of Grand Hill Village, as it has no infrastructure that impacts the City’s stormwater management system. Accordingly, he requested that the properties located within the Village be exempt from the stormwater management fee. He displayed photographs showing the lack of sanitary or storm sewers in the Village and indicated that all water runoff is directed towards the 18-acre forest and wetland area where it either is absorbed into the ground or runs into the river. He commented that the stormwater management utility is a fee for service; however, the Grand Hill Village does not receive the service, and therefore should not have to pay this fee. Mr. Rob Tester, Landscape Ontario, addressed Council requesting the maximum credit be increased above the currently proposed 45%, as a means of creating a greater incentive for property owners to install systems to assist in reducing water runoff. He stated that he received correspondence from Mr. G. Murphy, Director of Engineering, which clarified that there would be no overlap of jobs and duties between the private sector and City staff. He expressed concern with the role the Residential Energy Efficiency Project (REEP) would be taking with respect to community outreach through their RAIN program. He indicated a number of private sector companies already offer similar services, which would now have to compete with REEP, and requested REEP’s role be changed to avoid a conflict. Mr. Jeff Thompson, Chair, Greater KW Chamber of Commerce Environment Committee, advised that approximately 30 companies who belong to the Chamber provide stormwater management solutions in this area. He also expressed concerns with the role proposed to be undertaken by REEP and questioned if they would be able to provide the same level of expertise as their private sector counter parts. In addition, he requested that the maximum rebate provide through the Stormwater Management Credit Policy be increased to ensure greater uptake and reduce the demand on the City’s stormwater management system. COUNCIL MINUTES MARCH 5, 2012 57CITY OF KITCHENER - - Moved by Councillor S. Davey Seconded by Councillor P. Singh “That Clause 5 of the Finance and Corporate Services Committee report of this date, be adopted.” Councillor J. Gazzola questioned the formula used to calculate the financial effects of providing a maximum credit rate of 55%, 65% and 75%, compared to the recommended 45% maximum credit limit. In addition, he expressed concern with how the figures for the number of residential properties were derived; estimating that only 7,500 residential properties would apply for stormwater credits when the program is implemented; rather than the projected 8,300. He added his calculations of the starting point for non-residential properties indicate that the 75% credit level would impact the stormwater utility by $466,000., as opposed to $560,000. He suggested that the projected increased starting point lends itself to the conclusion that the higher the maximum credit rate, the greater the negative financial impact on the stormwater utility. Mr. Murphy advised that the analysis assumes that for every 10% increase in the quantum of the maximum credit equates to an expected 10% increase in the number of potential applicants. He stated staffs’ projection was determined by reviewing the building permit systems and engineering documentation for the number of properties with existing stormwater facilities. He added that staff is not assuming 100% uptake for all possible credit applications in the first year. He acknowledged there are many scenarios that could be developed by adjusting the rate of new applicants; however, the projected 8,300 was reached utilizing the best information available at this time. Questions were raised regarding the need to incur costs to hire additional staff for the utility. Mr. Murphy advised that the volume of applications in the first year is anticipated to be high and staffing is needed to administer the process; as well as, to assist in public outreach and to ensure those receiving credit maintain compliance with functioning stormwater facilities. He added through discussions with Green Communities Canada it has been identified that approximately $20,000. to $30,000. may be available in 2012-2013 to assist with the costs related to the two engineering co-op student positions. In response to the concerns raised by the residents of Grand Hill Village, Mr. Murphy advised that a review was undertaken of those properties and it was found that under the stormwater utility, all but two would contribute less funding to stormwater than they did under the tax model due to the shift in funding from the residential sector to the non-residential sector. He confirmed that all properties also have the potential to reduce their stormwater fees even further with the implementation of the credit policy. A motion by Councillor J. Gazzola, seconded by Councillor D. Glenn-Graham, was brought forward to amend Paragraph 1 of Clause 5 of the Finance and Corporate Services Committee report to increase the maximum credit provided under the residential stormwater credit policy from 45% to 65%. Councillor B. Vrbanovic expressed concern that the proposed increase from 45% to 65% could result in an unreasonable burden being borne by the stormwater utility. He added that in staffs’ professional opinion, if the maximum stormwater credits were increased beyond 45%, a situation would be created where an inappropriate amount of funding is being allocated to credits and away from core stormwater activities. He stated that this would leave the utility in a negative balance for a prolonged period, which would not be prudent fiscal management of the utility in these early stages. He suggested that the credit policy could be re-visited in one to two years by which time the actual uptake would be known and the maximum credit levels could be adjusted accordingly. Councillor Gazzola advised that he was in opposition to the establishment of the stormwater utility, but was hopeful that the subsequent credit policy would be fair and equitable. He stated that he can find no prior indication that the credit limit would be capped at 45%, and disagreed with the implication that 55% of the stormwater management fee would be applied toward common good projects. He questioned the validity of the figures used to compare the impact of a maximum credit of 55%, 65% and 75%, commenting that in his opinion, the stormwater utility could support an increased credit limit. LOST Councillor Gazzola’s motion to amend Clause 5 was then voted on and on a recorded vote with Councillors Y. Fernandes, D. Glenn-Graham and J. Gazzola voting in favour and Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey, F. Etherington, P. Singh, B. Ioannidis, and K. Galloway voting in opposition. Councillor Z. Janecki was absent from this meeting. COUNCIL MINUTES MARCH 5, 2012 58CITY OF KITCHENER - - Councillor Singh spoke to the previously proposed reduction of the number of credit tiers from 5 to 3, with an increase to the maximum credit for residential properties from 9% to 25% for those with 1-2 rain barrels. He questioned what the effect would be if the rate was only increased to 20%, as opposed to 25%, and the resulting impact on the remaining tiers. Mr. Murphy advised the proposed consolidation of Tiers 1 and 2 at a maximum credit of 20% would mimic the estimate given for the 25% increase. He suggested that if such a consolidation were pursued, Tiers 3 and 4 should be collapsed with a maximum credit of 30%; and, the existing Tier 5 should become the new Tier 3 with the maximum credit remaining at 45%. A motion by Councillor P. Singh, seconded by Councillor B. Vrbanovic, was brought forward to amend Clause 5 of the Finance and Corporate Services Committee report to reduce the number of residential stormwater credit tiers in Appendix ‘C’ (Stormwater Residential Credits) from 5 to 3 as follows: Tiers 1 (200 - 400 L) and 2 (401 - 800 L) be collapsed into a new Tier 1 with the maximum available credit being 20%; Tiers 3 (801 - 2400 L) and 4 (2401 - 3200 L) be collapsed into a new Tier 2 with the maximum available credit being 30%; and, Tier 5 (3201 L or more) to now be referred to as Tier 3 with the maximum available credit to remain at 45%. Carried Councillor Singh’s motion to amend Clause 5 was then voted on and on a recorded vote with Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey, F. Etherington, P. Singh, Y. Fernandes and J. Gazzola voting in favour; and, Councillors D. Glenn-Graham, B. Ioannidis, and K. Galloway voting in opposition. Councillor Z. Janecki was absent from this meeting. At the suggestion of Mayor C. Zehr, it was agreed, that the stormwater credit schedule as specified in Appendix ‘B’ (Stormwater Non-Residential and Multi-Residential Credits) of Infrastructure Services Department report INS-12-025, outlined in Paragraph 1 of Clause 5 of the Finance and Corporate Services Committee report would be considered separately. Carried Appendix ‘B’ of Report INS-12-025 was then voted on and on a recorded vote with Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey, F. Etherington, P. Singh, D. Glenn-Graham, B. Ioannidis and K. Galloway voting in favour; and, Councillors Y. Fernandes and J. Gazzola voting in opposition. Councillor Z. Janecki was absent from this meeting. A motion was brought forward by Councillor B. Vrbanovic, seconded by Councillor P. Singh, to amend Clause 5 of the Finance and Corporate Services Committee report by adding a paragraph directing staff to report back on the Stormwater Credit Policy in 2015, as a means of updating the new term of City Council. Carried Councillor Vrbanovic’s amendment was voted on and on a recorded vote with Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey, F. Etherington, P. Singh, B. Ioannidis, J. Gazzola and K. Galloway voting in favour; and, Councillors Y. Fernandes and D. Glenn-Graham voting in opposition. Councillor Z. Janecki was absent from this meeting. Paragraph 2 of Clause 5 of the Finance and Corporate Services Committee report of this date related to the proposed by-law in Appendix ‘D’ of Report INS-12-025, amending By-law 2011-153 (Storm Carried. Water Charge By-law) was then voted on and A motion by Councillor Y. Fernandes, seconded by Councillor D. Glenn-Graham, was brought forward to amend Paragraph 3 of Clause 5 of the Finance and Corporate Services Committee report, to remove the engineering technologist and program assistant positions, but maintain the two engineering co-op student positions. Councillor Fernandes suggested that consideration could be given to hiring the engineering technologist and program assistant positions during Council’s 2013 Budget deliberations. She commented that in the interim, those roles could be accommodated by the two engineering co-op student positions. LOST Councillor Fernandes’ amendment was voted on and on a recorded vote with Councillors Y. Fernandes, J. Gazzola and D. Glenn-Graham voting in favour and Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey, F. Etherington, P. Singh, B. Ioannidis and K. Galloway voting in opposition. Councillor Z. Janecki was absent from this meeting. COUNCIL MINUTES MARCH 5, 2012 59CITY OF KITCHENER - - Paragraph 3 of Clause 5 of the Finance and Corporate Services Committee report of this date was Carried voted on and on a recorded vote with Mayor C. Zehr and Councillors B. Vrbanovic, S. Davey, F. Etherington, P. Singh, B. Ioannidis and K. Galloway voting in favour; and, Councillors Y. Fernandes, J. Gazzola and D. Glenn-Graham voting in opposition. Councillor Z. Janecki was absent from this meeting. 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 K. Galloway Seconded by Councillor S. Davey “That Tender T12-017 – Five (5) 4,037 kg (8,900 lb) G.V.W. Standard Extended Vans, be Georgian Commercial Centre, Barrie, Ontario, awarded to at their tendered price of $124,500., plus H.S.T. of $16,185., for a total of $140,685.” A recorded vote was requested. In Favour : Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, J. Gazzola, K. Galloway, P. Singh, B. Ioannidis and F. Etherington Contra :Councillors Y. Fernandes and D. Glenn-Graham Absent: Councillor Z. Janecki Carried. Moved by Councillor K. Galloway Seconded by Councillor S. Davey “That Quotation Q12-012 - Two (2) 4,491 kg (9,900 lb) G.V.W. High Roof Cargo Vans, be Waterloo Nissan, Waterloo, Ontario, awarded to at their tendered price of $65,522.40, plus H.S.T. of $8,517.91, for a total of $74,040.31.” A recorded vote was requested. In Favour : Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, J. Gazzola, K. Galloway, P. Singh, B. Ioannidis and F. Etherington Contra :Councillors Y. Fernandes and D. Glenn-Graham Absent: Councillor Z. Janecki Carried. Moved by Councillor K. Galloway Seconded by Councillor S. Davey “That Tender T12-023 - Three (3) Self Propelled Ice Resurfacers with a 2.66 Cu. Metre (94 Cu. Zamboni Company Ltd, Brantford, Ontario, Ft) Snow Tank, be awarded to at their tendered price of $231,397.60, plus H.S.T. of $30,081.69, for a total of $261,479.29.” A recorded vote was requested. In Favour : Mayor C. Zehr and Councillors S. Davey, B. Vrbanovic, J. Gazzola, K. Galloway, P. Singh, B. Ioannidis and F. Etherington Contra :Councillors Y. Fernandes and D. Glenn-Graham COUNCIL MINUTES MARCH 5, 2012 60CITY OF KITCHENER - - Absent: Councillor Z. Janecki Carried. Moved by Councillor K. Galloway Seconded by Councillor S. Davey “That Tender T12-018 – Brock Street Road Reconstruction (West Avenue to Queen Street Terracon Underground Ltd., Brantford, Ontario South), be awarded to at their tendered price of $1,050,443.40, including provisional items and contingencies of $149,725., plus H.S.T. of $136,557.64, for a total of $1,187,001.04; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That Tender T12-013 – Road Condition Inspections & Pavement Management System GIE Technologies Inc., Montreal, Quebec Update, be awarded to at their tendered price of $55,000., including provisional items and contingencies of $5,000., plus H.S.T. of $7,150., for a total of $62,150.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That Expression of Interest E12-012 – Consultant Services – Roads Reconstruction / Roads LVM Program Geotechnical Investigation / Design / Material Testing Services, be awarded to Inc., Kitchener, Ontario at their estimated fee of $314,019., plus H.S.T. of $40,822.47, for a total of $354,841.47, 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 - Swish Maintenance “That Tender T12-025 – Janitorial Paper Products, be awarded to Limited, Kitchener, Ontario, at their corrected tendered price of $59,514.93, plus H.S.T. of $7,736.94, for a total of $67,251.87, with an option to renew for four (4) additional twelve (12) month terms.” Carried. Moved by Councillor K. Galloway Seconded by Councillor S. Davey “That Tender T12-014 – Mill Street Reconstruction (Queen Street South to Stirling Avenue J. Weber Contracting Ltd., Breslau, Ontario South), be awarded to at their corrected tendered price of $4,606,310.80, including provisional items and contingencies of $428,690., plus H.S.T. of $598,820.40, for a total of $5,205,131.20; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” Pecuniary Interest and Abstention: Councillor P. Singh as his family owns property in the subject area. Carried. COUNCIL MINUTES MARCH 5, 2012 61CITY OF KITCHENER - - Councillor Y. Fernandes gave notice that she would introduce a motion this date to reconsider the amendment adopted by Council on February 6, 2012, regarding the design concept for the Victoria Park Lake Boathouse, listed as Item 8 a) under New Business. Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn-Graham “That pursuant to Section 25.7.15 o Chapter 25 of the Municipal Code (Procedure), the following amendment adopted by Council on February 6, 2012, be reconsidered: That the design concept based on Option 5 outlined in Chief Administrator’s Office report CAO-12-004, be approved, which includes an asphalt walkway between the lake edge and the patio at the rear of the Victoria Park Lake Boathouse, with the patio being extended to wrap around the west side of the building to allow customer patio entrance through a new opening to be constructed in the current concession stand window.” Carried Unanimously, by all members present. Council was in receipt this date of a revised design concept entitled “Boathouse Landscape Re- Construction - Option 5”, related to the proposed Victoria Park Lake Boathouse patio and walkway expansion. Mr. R. Regier, Executive Director of Economic Development, reviewed the proposed design concept, advising that over the past several weeks, staff have been working toward developing practical solutions for both the interior and exterior renovations to the Victoria Park Lake Boathouse. Through that process, an idea was brought forward to enable the Boathouse patio to be extended across the lakeshore pathway when demand and attendance warrant it. He stated that to facilitate this, gates would be installed that when closed would block the pathway allowing the Boathouse’s rear patio to be extended to the Lake. He added also included in this design concept is the relocation of the concession window from the west to the east side of the building, which would include the installation of additional hard surfaces. He noted what is before Council is a high level design concept, adding the exact details would be determined as this process moves forward. Councillor J. Gazzola questioned the urgency of dealing with this matter at this time. Mr. Regier responded that there are a number of timing considerations related to this work, particularly in relation to the exterior renovations. He added that these items were originally removed from the existing construction tender for the Victoria Park Lake Remediation project; however, there is the potential while crews are currently on-site to allow the Boathouse landscape re-construction to move forward immediately. Ms. P. Houston, Deputy CAO, Infrastructure Services, advised that if the same contractor who is undertaking the remediation project is not utilized for the exterior Boathouse renovations, then the re-construction would have to be postponed until the current contractor is off- site and a separate contractor is retained. She noted that deferring this matter would also further delay the re-opening of the Boathouse, thereby negatively impacting the proprietor’s ability to operate during his peak season. A motion was brought forward by Councillor F. Etherington, seconded Councillor B. Vrbanovic, to approve the design concept for the Victoria Park Lake Boathouse improvements, based on Option 5 outlined in Chief Administrator’s Office report CAO-12-004, with additional conditions related to: the patio extension; installation of pathway gates with closing times being determined by staff as part of lease negotiations; and, the washrooms at the Victoria Park Lake Boathouse being made available while staff investigate the possibility of building permanent public washrooms. Ms. Tessa Jennison circulated and presented two modified design proposals for the Boathouse landscape re-construction. She advised that the first concept, entitled “Improved Walkway Design”, was similar to the one put forward by Mr. Regier and includes: a large licensed patio; a non-licensed patio; a naturalized picnic area; two new public washroom spaces; a new concession window; a new accessible entrance; and, a daytime lakeshore walkway that can be closed to extend the patio to the waterline. She pointed out several logistical concerns with this design, such as identifying who would be responsible for: closing the walkway gates; monitoring the new public washroom on the south / rear side of the facility; and, deterring people from feeding water fowl on the walkway. She reviewed the second design proposal, entitled “Lakeside Patio” option, which would remove the separation imposed by the walkway and permanently extended the Boathouse’s patio to the lakeshore. She commented that the “Walkway” and “Lakeside Patio” options are very similar; however, the “Walkway” option would be more expensive as it requires additional fencing to separate the walkway and patio. She noted that this option would also require an additional asphalt path to access the COUNCIL MINUTES MARCH 5, 2012 62CITY OF KITCHENER - - lakeshore walkway. She advised that both of her designs were created and refined through input from seven Councillors, in conjunction with the functional and logistical needs of the business operator. Ms. Jennison reviewed results from surveys conducted by the City as well as the Victoria Park Neighbourhood Association (VPNA) to gauge public opinion on the Boathouse designs. She indicated that 62% of the 237 respondents to the City’s survey preferred the walkway, compared to 28% for the lakeside patio. The VPNA survey found that 78% of its 23 respondents preferred the lakeside patio, compared with only 17% in support of the walkway. She stated that based on their comments there seemed to be a misconception among some of the respondents supporting the walkway, who thought that the Boathouse was a private venue. She clarified that the Boathouse and its patio would be accessible to the general public until 9:00 p.m., at which time it is restricted to age of majority as it is a licensed venue. In response to questions, Ms. Jennison confirmed a fence would be needed to separate the walkway from the patio pursuant to liquor licence regulations. She suggested a retractable 42-inch wrought- iron fence should be used to enclose the patio, which would allow patrons to enjoy the Lake. She advised that while she is more amenable to the “Improved Walkway Design”, as compared to what was approved by Council on February 6, 2012; her preference was to have the patio extend to the lakeshore, without being separated by a walkway. She noted that the “Lakeside Patio” option presents fewer logistical issues and would be less complicated for both the City and the Boathouse proprietor. She commented that having a walkway would infringe upon the value of the Boathouse, by reducing the potential revenues that could be generated by this City owned asset. She spoke in support of the proposed public washrooms next to the relocated concession window at the front of the building, indicating that it would be easier for the proprietor to monitor their use. She noted that space could accommodate an approximately five foot by seven foot unisex washroom facility and asked that if approved, a change table be incorporated into the washroom’s design. She stated that while included in her design proposal, she does not recommend the installation of the other potential public washroom at the rear of the building. She commented that it would present the same logistical challenges as the existing public washrooms, adding the limited space in that location might not be able to accommodate a wheelchair accessible washroom. Ms. Jeanette Lavoie addressed Council in support of the “Lakeside Patio” design option presented for the Victoria Park Lake Boathouse by Ms. Jennison. Mr. Harald Drewitz attended in support of Council’s reconsideration of the design concept for the Victoria Park Lake Boathouse and expressed support for the “Lakeside Patio” option presented by Ms. Jennison. Questions were raised regarding the liquor licensing requirements prescribed by the Alcohol and Gaming Commission of Ontario (AGCO). Mr. Regier advised of the minimum requirement set out by the AGCO for a 42-inch fence to enclose a licensed patio area. He added there are more rigorous requirements during special events, when high demand is expected to produce crowds around a patio. He confirmed that there was flexibility in the regulations to allow the entire rear area of the Boathouse to be licensed and gated off at certain times. Mr. Kevin Doyle, Tenant, Victoria Park Lake Boathouse, addressed Council and distributed a sketch of the proposed expanded patio area overlaid on an aerial photograph of the Boathouse. He thanked Council for their reconsideration of this matter and spoke in support of the “Lakeside Patio” option presented by Ms. Jennison. He comment that having the patio extend to the edge of Victoria Park Lake without the walkway separation was preferable from a business perspective and would increase the value of this City asset. In reference to the public washrooms, he expressed a preference for having them located on the east side of the building next to the new concession window. In response to questions, Mr. Doyle advised that having to incorporate the proposed walkway into the patio would present a number of logistical challenges; such as, the need to hire additional staff to monitor that space to prevent people from gaining improper access to the patio. He stated that it is unclear as to whether enough revenue would be generated to justify the cost of hiring extra staff. Mr. Doyle responded further that lease negotiations are progressing positively. He added that he would be willing to make a greater financial commitment, if the patio area was permanently extended to the waterline. He noted that without the pathway, the larger patio has the potential for increased revenue, which would offset any additional costs. He expressed concerns as to whether the AGCO would permit the pathway to be included under the facility’s liquor license. Mr. Regier acknowledged that a very specific application would need to be presented to the AGCO, who would determine the permitted capacity of the patio. He indicated that it was staffs’ COUNCIL MINUTES MARCH 5, 2012 63CITY OF KITCHENER - - understanding that if adequate fencing is provided as well as proper access and egress, a patio of the scale being proposed with a public walkway would be permitted by the ACGO. He noted that the opening and closing of the walkway gates would be determined by the City and the operator as part of the lease negotiations. Councillor P. Singh proposed an amendment to Councillor Etherington’s motion, which was accepted as friendly, to add an additional clause directing staff to investigate the option of having a permanent unisex bathroom installed on the northeast side of the Victoria Park Lake Boathouse. Councillor Gazzola advised that he was not in support Councillor Etherington’s motion. He indicated a preference to have the patio extended to the waterline without being separated by a walkway, which would increase the business’ revenues and the value of the building. Several members expressed support for Councillor Etherington’s motion, commenting that it provides an opportunity to allow the public to utilize the lakeshore pathway while enabling the Boathouse operator to extend the patio when demand and attendance warrant it. Moved by Councillor F. Etherington Seconded by Councillor B. Vrbanovic “That the design concept for the Victoria Park Lake Boathouse improvements, based on Option 5 outlined in Chief Administrator’s Office report CAO-12-004, be approved with the following additions: the patio be extended to wrap around the east and west sides of the building; decorative metal gates be installed at locations to be determined during the design stage of the building that when closed will block the pathway between the Victoria Park Lake Boathouse and lake edge allowing the rear patio to be extended to the lake edge; the pathway gates be closed during specified times of the evening and during festivals held in Victoria Park; the pathway gate closing times will be established by staff as part of the lease agreement negotiations; public washrooms be made available at the Victoria Park Lake Boathouse while staff investigate the possibility of building permanent washrooms in the north end of Victoria Park or in the vicinity of the Victoria Park Lake Boathouse; and, staff be directed to investigate the option of having a permanent unisex bathroom on the northeast side of the Victoria Park lake Boathouse.” A recorded vote was requested In favour: Mayor C. Zehr and Councillors B. Ioannidis, K. Galloway, S. Davey, B. Vrbanovic, F. Etherington and P. Singh Contra : Councillors Y. Fernandes, J. Gazzola and D. Glenn-Graham. Absent: Councillor Z. Janecki Carried. Moved by Councillor K. Galloway Seconded by Councillor S. Davey “That the report of the Community and Infrastructure Services Committee be adopted.” Voted on Clause by Clause. COUNCIL MINUTES MARCH 5, 2012 64CITY OF KITCHENER - - Carried. Clause 3 - Recorded Pecuniary Interest and Abstention: Clause 3 – Councillor B. Ioannidis as he owns property in the area that will be affected by the Uniform Traffic By-law. Dealt with under Clause 5, Paragraph 2 - Delegations and Carried, as Amended. Carried, on a recorded vote. Clause 9 - In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, B. Ioannidis, K. Galloway, S. Davey, F. Etherington, D. Glenn-Graham, Y. Fernandes and P. Singh Contra : Councillor J. Gazzola Absent: Councillor Z. Janecki Carried. Balance of report – Moved by Councillor B. Vrbanovic Seconded by Councillor P. Singh “That approval be given for this meeting of Council to continue past midnight.” Carried Unanimously, by all members present. Moved by Councillor B. Vrbanovic Seconded by Councillor F. Etherington “That the report of the Planning and Strategic Initiatives Committee be adopted.” Mayor C. Zehr noted that Council was in receipt this date of Community Services Department report CSD-12-042 (A. Pinard), concerning Zone Change Application ZC11/09/COK/SR listed as Clause 2 of the Planning and Strategic Initiatives Committee of this date. He noted staff is recommending the removal of item No. 9 regarding “lot width” from the housekeeping changes proposed for Zoning By- law 85-1. Council agreed to amend Clause 2 accordingly. Mr. Peter Lizak addressed Council in opposition to the Zone Change Application listed as Clause 2 on the Planning and Strategic Initiatives Committee report. It was established that the subject Zone Change Application did not relate to Mr. Lizak’s property; and, Mayor Zehr agreed to meet with Mr. Lizak and Planning staff at a later date to review his concerns. The Planning and Strategic Initiatives Committee report was then voted on clause by clause. Carried, as Amended. Clause 2 - Carried. Balance of report – Moved by Councillor Y. Fernandes Seconded by Councillor D. Glenn-Graham “That the report of the Heritage Kitchener be adopted.” Carried. COUNCIL MINUTES MARCH 5, 2012 65CITY OF KITCHENER - - Moved by Councillor S. Davey Seconded by Councillor P. Singh “That the report of the Finance and Corporate Services Committee be adopted.” Voted on clause by clause. Dealt with under Delegations and Clause 5 - Carried, as Amended, on a recorded vote. Carried. Balance of report – Councillor D. Glenn-Graham gave notice that he would introduce a motion this date concerning a crosswalk at Lancaster / Elizabeth Streets, listed as Item 8 b) under New Business. He expressed concerns regarding the traffic volumes at the subject crosswalk, indicating Transportation Planning staff is amenable to undertaking the requested review within the proposed timeframe. Moved by Councillor D. Glenn-Graham Seconded by Councillor J. Gazzola “That staff be directed to review traffic volumes and citizens' concerns with respect to the crosswalk on Lancaster Street West at Elizabeth Street and report back to the April 16, 2012 Community and Infrastructure Services Committee.” Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add 3 additional by-laws for three readings this date, being two zoning amending by-laws related to home business regulations and general housekeeping changes and an amendment to Municipal Code Chapter 711. Moved by Councillor B. Vrbanovic Seconded by Councillor S. Davey “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 as to prohibit parking thereon. (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (c) To further amend By-law No. 2010-190, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – City of Kitchener Housekeeping Amendment. (i) Being a by-law to amend Chapter 711 of the City of Kitchener Municipal Code with respect to Open Air Burning. COUNCIL MINUTES MARCH 5, 2012 66CITY OF KITCHENER - - 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 F. Etherington as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor F. Etherington Seconded by Councillor B. Vrbanovic “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 B. Vrbanovic Seconded by Councillor S. Davey “That the by-laws be given third reading, namely: (a) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes as to prohibit parking thereon. (By-law No. 2012-027) (b) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (By-law No. 2012-028) (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 2012-029) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2012-030) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2012-031) (f) To confirm all actions and proceedings of the Council. (By-law No. 2012-032) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener. (By-law No. 2012-033) (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – City of Kitchener Housekeeping Amendment. (By-law No. 2012-034) COUNCIL MINUTES MARCH 5, 2012 67CITY OF KITCHENER - - (i) Being a by-law to amend Chapter 711 of the City of Kitchener Municipal Code with respect to Open Air Burning. (By-law Nol. 2012-035) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 12:12 a.m. MAYOR CLERK COUNCIL MINUTES MARCH 5, 2012 68CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – 1. That subject to the approval of affiliation status with the City of Waterloo, the Kitchener Waterloo Predators Volleyball Club be approved, as an affiliated minor sport group with the City of Kitchener, pursuant to the City’s Minor Sport Affiliation policy; and further, That the Kitchener Waterloo Predators Volleyball Club be added as an insured group to the City of Kitchener’s Minor Sports third party liability insurance program. 2. That a By-law be enacted to amend Chapter 711 (Open Air Burning) of the City of Kitchener Municipal Code with respect to prohibiting open air burning during periods when a fire ban is in effect. 3. That Schedules 1, 2 (Downtown Core), 5 and 24 of the City of Kitchener Uniform Traffic By- Law No. 2007-138 be amended as outlined in Appendix B to Infrastructure Services Department report INS-12-008; and further, That the Uniform Traffic By-law be amended accordingly. 4. That on-street parking be permitted in the Belmont Village area for two (2) consecutive hours on the following roadways: Belmont Avenue West (South Side) • From a point 47 meters east of Union Street to a point 53 meters east thereof; • From a point 10 meters east of Argyle Street to a point 65 meters east thereof; • From a point 10 meters east of Claremont Avenue to a point 62 meters east thereof; Belmont Avenue West (North Side) • From a point 55 meters west of Glasgow Street to a point 17 meters west thereof; • From a point 51 meters west of Belmont Lane East to a point 34 meters west thereof; • From a point 12 meters east of Claremont Avenue to a point 38 meters east thereof; • From a point 17 meters west of Claremont Avenue to a point 5.5 meters west thereof; • From a point 55 meters east of Belmont Lane East to a point 46 meters east thereof; • From a point 12 meters east of Belmont Lane East to a point 18 meters east thereof; Claremont Avenue (West Side) • From a point 10 meters south of Belmont Avenue West to Belmont Lane West; Rock Avenue (East Side) • From a point 11 meters south of Belmont Avenue West to a point 18 meters south thereof; and further, That the Uniform Traffic By-law be amended accordingly. 5. That a 2012 Community Grant Tier 2 in the amount of $2,860. for the Kitchener-Waterloo Poetry Slam be approved; and, That a 2012 Community Tier 2 grant for the Cherry Park Neighbourhood Association (Cherry Festival) in the amount of $9,888. ($8,888 cash; $1,000 in-kind for marketing and printing) be approved; and, That a 2012 Community Grant Tier 2 in the amount of $4,352 ($4,000. cash; $352 in kind) for the Waterloo County Rugby Football Club be approved; and further, That the balance of the 2012 Community Grants Tier 2 in the amount of $118,116. be approved as outlined in Appendix B to Community Services Department report CSD-12-032. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) 6. That the commission and installation of an outdoor wall mural (untitled) at 696 Belmont Avenue West be approved; and, COUNCIL MINUTES MARCH 5, 2012 69CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY AND INFRASTRUCTURE SERVICES COMMITTEE – (CONT’D) 6. (Cont’d) That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Larry Hunter outlining the obligations of the public art commission; and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the owner of the building at 696 Belmont Avenue West regarding the installation of the mural panels on the building wall. 7. That the Mayor and Clerk be authorized to execute an agreement with the Corporation of the Township of Woolwich to provide fire dispatch service to Woolwich for a term of three (3) years commencing January 1, 2012, said agreement to be satisfactory to the City Solicitor. 8. That the Mayor and Clerk be authorized to execute an agreement with the Corporation of the Township of Wellesley to provide fire dispatch service to Wellesley for a term of five (5) years commencing January 1, 2012, said agreement to be satisfactory to the City Solicitor. 9. That the Mayor and Clerk be authorized to execute an agreement with the Corporation of the City of Waterloo to provide fire dispatch service to Waterloo for a term of five (5) years commencing January 1, 2012, said agreement to be satisfactory to the City Solicitor. (Carried on a recorded vote) FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That Homeniuk Rides Inc. be granted permission to operate a Midway at Sunrise Centre, 1400 Ottawa Street South, from June 20 to June 24, 2012, subject to the following: Date of Operation Hours of Operation Wednesday & Thursday, June 20 3:30 p.m. – 10:00 p.m. & 21 Friday, June 22 3:30 p.m. – 11:00 p.m. Saturday, June 23 10:00 a.m. - 11:00 p.m. Sunday, June 24 Noon – 10:00 p.m. That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 8:00 p.m.; That the music must be turned off one hour before closing time on the evenings preceding a non-school day; and further, That the required licence be obtained prior to operating the Midway; and further, That staff be directed to contact the property management for the Sunrise Centre to investigate the feasibility of moving the location of the midway further away from the adjacent residential properties. 2. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from April 19 to April 29, 2012, subject to the following: Date of Operation Hours of Operation Thursday, April 19 3:30 p.m. – 10:00 p.m. Friday, April 20 10:00 a.m. – 11:00 p.m. Saturday, April 21 10:00 a.m. – 11:00 p.m. Sunday, April 22 Noon – 10:00 p.m. COUNCIL MINUTES MARCH 5, 2012 70CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – (CONT’D) 2. (Cont’d) Monday to Thursday, April 23-26 3:30 p.m. – 10:00 p.m. Friday, April 27 3:30 p.m. – 11:00 p.m. Saturday, April 28 10:00 a.m. – 11:00 p.m. Sunday, April 29 Noon – 9:00 p.m. That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 8:00 p.m.; That the music must be turned off one hour before closing time on the evenings preceding a non-school day; and further, That the required licence be obtained prior to operating the Midway. 3. That the Corporate Health and Safety Policy (II-120) as attached to report FCS-12-018 be approved. 4. That staff preparation of an application to the Province of Ontario’s Creative Communities Prosperity Fund be approved, conditional on the official announcement of the fund being available this year. 5. That the stormwater credit schedule as specified in Appendix C (Stormwater Residential Credits) of Infrastructure Services Department report INS-12-025 be approved and come into effect on October 1, 2012 with eligible credits applied retroactively to January 1, 2011 with the number of residential stormwater credit tiers being reduced from 5 to 3 as follows: Tiers 1 (200 - 400 L) and 2 (401 - 800 L) be collapsed into a new Tier 1 with the maximum available credit being 20%; Tiers 3 (801 - 2400 L) and 4 (2401 - 3200 L) be collapsed into a new Tier 2 with the maximum available credit being 30%; and, Tier 5 (3201 L or more) to now be referred to as Tier 3 with the maximum available credit to remain at 45%; and, That the stormwater credit schedule as specified in Appendix B (Stormwater Non-Residential and Multi-Residential Credits) of Report INS-12-025 be approved and come into effect on October 1, 2012 with eligible credits applied retroactively to January 1, 2011; and, That staff be directed to report back on the Stormwater Credit Policy in 2015, as a means of updating the new term of City Council; and, That the proposed by-law in Appendix D of report INS-12-025, amending the existing By-law 2011-153 (Storm Water Charge By-law) be approved; and further, That one (1) engineering technologist position (full-time), one (1) program assistant position (full-time), and two (2) engineering co-op student positions (May-August annually) be hired beginning in March 2012 so as to enable the advance of stormwater related programs and the stormwater credit program. (Dealt with under Delegations and Carried, as Amended, on a recorded vote) 6. That the Kitchener Market Manager, and in his/her absence the Executive Director of Economic Development, be granted authority to sign all Kitchener Market License Agreements, Facility Rental Agreements and any amendments made thereto, to the satisfaction of the City Solicitor. COUNCIL MINUTES MARCH 5, 2012 71CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING AND STRATEGIC INITIATIVES COMMITTEE – 1. That Zone Change Application ZC12/02/COK/GS, representing changes to Section 5.13 (Home Business Regulations) and Section 4.2 (Definitions) of Zoning By-law 85-1, be approved in the form shown in the “Proposed By-law” dated February 8, 2012, attached as Appendix ‘A’ to Community Services Department report CSD-12-022. 2. That Zone Change Application ZC11/09/COK/SR regarding housekeeping changes to Zoning By-law 85-1, as considered at the February 27, 2012, Planning and Strategic Services Committee meeting, be amended to remove item No. 9 regarding “lot width” and be approved in the form shown in the “Proposed By-law”, dated March 5, 2012, attached to Report CSD-12- 042. (As Amended) 3. That the issues addressed in the Arts and Culture Advisory Committee report, attached as Appendix A to Chief Administrator’s Office report CAO-12-006, be considered for inclusion in the Draft Official Plan. 4. That the Downtown Kitchener Action Plan (2012-2016) be approved in the form shown in Appendix B attached to Chief Administrator’s Office report CAO-12-010; and, That staff be directed to commence implementing the Downtown Kitchener Action Plan (2012- 2016); and further, That staff provide Kitchener City Council with an annual update on the year-to-year progress of the plan and identify priorities for the coming year. HERITAGE KITCHENER – 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA- 2012-IV-001 be approved to permit the replacement of the wood wall (man door, swinging doors, and frame) on the south elevation of the drive shed at 300 Joseph Schoerg Crescent in accordance with the plans and supporting information submitted with the application. COUNCIL MINUTES MARCH 5, 2012 72CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. ADMINISTRATIVE REPORTS – 1.Various Tenders Dealt with under Delegations. 2.FCS-12-038 – Liquor Licence Review Application – Exclamation Restaurant Inc Council considered Finance and Corporate Services Department report FCS-12-038 (P. Harris), dated February 27, 2012. 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, that Council take no action to oppose the application for a liquor licence for Exclamation Restaurant located at 58 Frederick Street, applied for by Exclamation Restaurant 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).” COUNCIL MINUTES MARCH 5, 2012 73CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 3.FCS-12-037 – Committee of Adjustment Decisions - Various Council considered Finance and Corporate Services Department report FCS-12-037 (D. Saunderson), dated February 27, 2012. Item B.3 i) regarding Fence Variance Application, Submission No. FN – 2012-001 (2 Westgate Walk) was dealt with under Delegations. It was resolved: “That the application of 1586896 Ontario Inc. (SG 2012-001 – 1800 Victoria Street North) requesting permission to erect a roof sign projecting 6.47m (21.23’) above the roof line rather than the permitted 3m (9.84’), on Lot 41, Plan 1677, 1800 Victoria Street BE APPROVED North, Kitchener, Ontario, , 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 shall obtain a Certificate of Occupancy from the Planning Division by March 30, 2012.” 4.Canadian Cancer Society – Tag Day Request Council considered correspondence dated February 1, 2012 from Angie Gaudet, Fundraising Coordinator, Canadian Cancer Society, requesting permission to conduct a Tag Day on April 21, 2012. It was resolved: “That the request of the Canadian Cancer Society – Waterloo Region Unit to conduct a Tag Day on April 21, 2012, on King Street between Ontario Street and Frederick Street, on Ontario Street and Queen Street one block either side of King Street, on Eby Street and King Street outside the Kitchener Farmers’ Market entrances and outside the entrances of the Kitchener Memorial Auditorium Complex, as outlined in correspondence from A. Gaudet be approved.” 5.INS-12-004 – Block Line Road Extension Council considered Infrastructure Services Department report INS-12-004 (L. MacDonald), dated February 26, 2012. It was resolved: “That the Mayor and Clerk accept the Offer/Agreement of Purchase and Sale from the Grand River Railway Company, and its lessee, the Canadian Pacific Railway Company, to purchase at the price of $87,535.28 plus applicable taxes and fees, in a form of agreement satisfactory to the City Solicitor, the lands described as follows: 1) approximately 0.159 acres of land as marked #1 on Appendix “A” to Report No. INS 12-004, to be described pursuant to a Reference Plan yet to be prepared, and, 2) a construction and maintenance easement over approximately 0.536 acres of land as marked #2 on Appendix “A” to Report No. INS 12-004, to be described pursuant to a Reference Plan yet to be prepared, to accommodate a necessary embankment on the Grand River Railway Company lands; and further, COUNCIL MINUTES MARCH 5, 2012 74CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS – (CONT’D) 5.INS-12-004 – Block Line Road Extension (Cont’d) That the Mayor and Clerk be authorized to accept a permanent easement in favour of the City of Kitchener from the Canadian Pacific Railway Company, at nominal costs, and as depicted as A on Appendix “A” to Report No. INS 12-004, to the satisfaction of the City Solicitor; and, That the Mayor and Clerk be authorized to accept a permanent easement in favour of the City of Kitchener from Galt and Guelph Railway Company (CN Rail) at nominal costs, and as depicted as B and C on Appendix “A” to Report No. INS 12-004, to the satisfaction of the City Solicitor; and, That the Mayor and Clerk be authorized to execute the necessary documentation with Goderich-Exeter Railway Company Limited and the Canadian Pacific Railway Company to facilitate the construction of a bridge for vehicular traffic for Block Line Road, over the rail lands, to the satisfaction of the City Solicitor, including, but not limited to the Grade Separation Construction Agreements; and, That the Mayor and Clerk be authorized to accept a temporary easement depicted as E on Appendix “A” to Report No. INS 12-004, for construction purposes and a permanent easement depicted as D on Appendix “A” to Report No. INS 12-004, to facilitate the construction and maintenance of an embankment to the Block Line Road, both in favour of the City of Kitchener and at nominal costs, from Platinum Investment Lands, said easements to be to the satisfaction of the City Solicitor; and further, That the Mayor and Clerk be authorized to execute the necessary documentation, satisfactory to the City Solicitor, to effect the above referenced acquisitions.”