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HomeMy WebLinkAboutCouncil - 2015-05-11COUNCIL MINUTES MAY 11, 2015 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. 1. COMMENCEMENT — The meeting began with the singing of "0 Canada ". 2. MINUTES — On motion by Councillor S. Davey, the minutes of the regular meeting held April 27, 2015 and special meetings held April 23 & 27, 2015, as mailed to the Mayor and Councillors, were accepted. 3. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF - NIL 4. COMMUNICATION REFERRED TO FILE — a. Letter dated April 13, 2015 from Mr. G. Gordon, Vegetation Management Specialist, Canadian Pacific, advising of the 2015 Vegetation Control Program being carried out between May 11 — August 31, 2015. 5. PRESENTATIONS — 5.a. Award of Merit Presentations On behalf of Council, Mayor B Vrbanovic presented Awards of Merit to the following volunteers who have served on various Boards and Committees: • Lawrence McNaught; • Laura Lee Dam; • Patrick Doherty; • Theron Kramer; • Mike Arges; • Lisa Polonoski; • F. George Zador; • Dan Carli; • Bruce MacNeil; • Ana Oja; • Marcus Shantz; and, • Corinne Cash. 5.b. Flag Wavers of Waterloo Region Ms. Diane Bonfonte, Flag Wavers of Waterloo Region, was in attendance and gave a presentation on the 50th anniversary of the Canadian Flag. 6. DELEGATIONS — Motion to Reconsider — 11 Young Street (former Mayfair Hotel) Mayor B. Vrbanovic advised that as members of the public have registered to speak to the motion to reconsider listed as Item 9.a. under New Business and its connection to 156 -158 King Street West, this matter would be considered in advance of Item 6.a. He noted debate must be confined to the reasons for or against the motion to reconsider and delegations are not permitted to speak to this matter until the motion has been approved. Councillor J. Gazzola entered the meeting at this time. A motion was brought forward by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, to reconsider the motions dispensed with at the April 23, 2015 special Council meeting to not designate 11 Young Street (former Mayfair Hotel) under Section 29 of the Ontario Heritage Act and to allow time for a heritage assessment to be undertaken of the subject property. COUNCIL MINUTES MAY 11, 2015 -92- CITY OF KITCHENER Councillor Janecki's motion to reconsider was voted on and was LOST on a recorded vote, with Councillors J. Gazzola, F. Etherington, Y. Fernandes and Z. Janecki voting in favour; and, Mayor B. Vrbanovic and Councillors K. Gal loway- Sealock, S. Marsh, D. Schnider, B. loannidis, S. Davey and P. Singh voting in opposition. 6.a. 156 -158 King Street West Council considered Community Services Department report CSD -15 -057 (M. Seiling), dated May 11, 2015, recommending the withdrawal of the Notice of Intention to Designate 156 -158 King Street West (former Hymmen Hardware building) to allow for the immediate and concurrent demolition of the building with 11 Young Street (former Mayfair Hotel). Additionally, Council was in receipt of two recommendations arising from a meeting of Heritage Kitchener held earlier this date, in which the Committee recommends that no action be taken to withdraw the Notice of Intention and that an expert in the field of heritage restoration be retained to provide an opinion as to what could be done to preserve 156 -158 King Street West. Mr. M. Seiling, Director of Building & Chief Building Official (CBO), addressed Council in support of the recommendation contained in Report CSD -15 -057. He advised new information has come to light from inspections of 156 -158 King Street West that strongly confirm the former Mayfair Hotel is more unstable and unsafe than originally thought; thereby requiring immediate demolition. He added three independent engineers have concluded that shoring 156 -158 King Street West is a complex process and would take four to seven weeks before the demolition of 11 Young Street could commence, which would leave both buildings vulnerable to an unplanned collapse. He stated based on expert recommendations from the City's structural engineer, MTE Consultants, as Chief Building Official he has concluded that, due to ongoing public safety concerns, there is not sufficient time to complete the shoring work on 156 -158 King Street West and both buildings must come down together as soon as possible. Accordingly, this afternoon, he issued an Order to Remedy an Unsafe Building through demolition and an Order Prohibiting Occupancy for 156 -158 King Street West. He added the fencing around the property would be extended to include the sidewalk on King Street, from the former Mayfair Hotel to 156 -158 King Street, until the unsafe condition on both buildings is remedied. He noted earlier this date he attended a meeting of Heritage Kitchener and responded to questions from the Committee regarding the recommended demolitions. Mr. Bernie Nimer, Mayfair Hotel Development Corporation, was in attendance in support of the recommended withdrawal of the Notice of Intention to Designate 156 -158 King Street West. He expressed agreement with the statements of Mr. Seiling that the demolition process is more complex than originally anticipated and unfortunately it was not possible to preserve 156 -158 King Street West. He consented to the release of the Blackwell Structural Engineers report to the public. In addition, he agreed to commemorate each of the demolished buildings, replicating and /or incorporating features within the design of the replacement building. Following the demolitions, he noted the site would be grassed over until redevelopment could occur. With the consent of Council, Mr. Nimer was permitted to display several photographs which depict other projects he has undertaken to restore buildings of cultural heritage value and interest. Mr. James Howe addressed Council in opposition to the proposed withdrawal of the Notice of Intention to Designate 156 -158 King Street West. He requested this matter be deferred to allow time for a heritage assessment of the building. Messrs. Simone Panziera and John Clinckett where in attendance to request Council to delay its decision regarding the withdrawal of the Notice of Intention to allow time for shoring to be installed to stabilize the structure at 156 -158 King Street West. Mr. Panziera commented that acoustic testing should be utilized to determine if the building is in a state of imminent collapse. He suggested once the structure has been stabilized, time could be taken to preserve the building. Mr. Clinckett noted it would take approximately five to ten days for a member of the Architectural Conservancy of Ontario (ACO) to undertake a heritage assessment of 156 -158 King Street West. He asked Council to postpone its decision to allow time for the assessment to be undertaken of the building. Mayor B. Vrbanovic called Mr. Steve Burrows forward to address Council as a delegation on this matter and was informed that Mr. Burrows had left the meeting. Ms. Elizabeth Gallaher circulated copies of her speaking notes, which provided an overview of the cultural heritage significance of 156 -158 King Street West. She requested Council consider staying COUNCIL MINUTES MAY 11, 2015 -93- CITY OF KITCHENER the order to demolish, pending the creation of revised structural and architectural assessments of the buildings as well as a Heritage Impact Assessment as to how the proposed demolition would impact the adjacent Weber Chambers building. Mayor Vrbanovic called Ms. Helen Lippert and Mr. Ken Lippert forward to address Council as a delegations and was informed that they were no longer interested in speaking to this matter. Mr. John Lee was in attendance and expressed concern regarding the City's inability to improve the structural stability of 11 Young Street and 156 -158 King Street West. He noted, as a structural engineer, in his opinion, he did not think it was necessary to shore the building's walls, provided the repairs commenced with the hole in the foundation of the former Mayfair Hotel. He added once the foundation was secured, it should be possible to stabilize the buildings and asked that Council delay the demolition. Mr. Lane Burmann asked Council to defer its decision regarding the demolition of 156 -158 King Street West to allow time for an expert in heritage restoration to be retained to inspect the building to determine if it could be preserved. On motion by Councillor Z. Janecki, seconded by Councillor Y. Fernandes, the two recommendations made by Heritage Kitchener this date were brought forward for consideration. A motion was brought forward by Councillor F. Etherington, seconded by Councillor J. Gazzola, to defer consideration of withdrawing the Notice of Intention to Designate 156 -158 King Street West to the May 25, 2015 special Council meeting to allow time for an assessment of the buildings to be completed by the ACO commenting on the possibility of restoration instead of demolition. Questions were raised as to the possible implications if Council decided to not withdraw the Notice of Intention to Designate. Ms. L. MacDonald, Director of Legal Services & City Solicitor, suggested Council would need to go in- camera to consider waiving solicitor / client privilege to enable her to respond as to the potential implications of taking no action on this matter. Moved by Councillor S. Davey Seconded by Councillor P. Singh "That an in- camera meeting of City Council be held immediately to consider a matter subject to solicitor - client privilege." Carried. The Council meeting then recessed at 10:12 p.m. and reconvened at 10:28 p.m., chaired by Mayor B. Vrbanovic with all members present. As Council agreed to waive solicitor / client privilege regarding the possible implications of deciding not withdraw the Notice of Intention, Ms. L. MacDonald advised the Chief Building Official could seek a remedy from the courts to address the immediate life safety concerns presented by the subject buildings. She stated the Corporation would be responsible for covering the costs of the outside legal counsel that would need to be retained by the CBO as well as the potential costs for additional legal counsel if Council decided to oppose this matter in court. In response to questions, Mr. Seiling advised that given the threat both buildings pose to public safety, he would not delay retaining outside legal counsel to pursue a remedy through the courts. He further confirmed that given the immediate life safety concerns, he would not permit anyone inside the buildings, reiterating he would not be willing to delay the demolition. He acknowledged Building staff would work with Heritage Planning staff to request the owner salvage certain heritage attributes of the building. Councillor Etherington's deferral motion was voted on and was LOST on a recorded vote, with Councillors J. Gazzola, F. Etherington, Y. Fernandes and S. Marsh voting in favour; and, Mayor B. Vrbanovic and Councillors K. Gal loway- Sealock, Z. Janecki, P. Singh, D. Schnider, S. Davey and B. loannidis voting in opposition. The recommendations arising from Heritage Kitchener were voted on and LOST on a recorded vote, with Councillors J. Gazzola, F. Etherington, Y. Fernandes, S. Marsh and Z. Janecki voting in favour; COUNCIL MINUTES MAY 11, 2015 -94- CITY OF KITCHENER and, Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, P. Singh, D. Schnider, S. Davey and B. loannidis voting in opposition. Moved by Councillor B. loannidis Seconded by Councillor K. Galloway - Sealock "That pursuant to Section 29(6)(b) of the Ontario Heritage Act, the Notice of Intention to Designate the property municipally known as 156 -158 King Street West (former Hymmen Hardware building) be hereby withdrawn, as outlined in Community Services Department report CSD -15 -057 to allow for the immediate and concurrent demolition of the building with 11 Young Street; and further, That the Clerk be directed to serve a notice of the withdrawal on the property owner, as well as the Ontario Heritage Trust, and publish said notice in a newspaper having general circulation in the City of Kitchener." Carried on a recorded vote In Favour: Mayor B. Vrbanovic and Councillors K. Galloway - Sealock, P. Singh, D. Schnider, S. Davey and B. loannidis. Contra: Councillors J. Gazzola, F. Etherington, S. Marsh, Y. Fernandes and Z. Janecki. Councillor J. Gazzola left the meeting at this time. Moved by Councillor K. Gal loway-Sea lock Seconded by Councillor B. loannidis "That pursuant to Section 25.4.11 of Chapter 25 (Council Procedure) of the Municipal Code, the proceedings of the Council this date shall be allowed to continue beyond 11:00 p.m. to conclude matters as listed on the agenda." Carried Unanimously, by all members present. Arts and Culture Sustainability Fund - Creative Enterprise Initiative Mr. Roger Farwell, Creative Enterprise Initiative (CEI), addressed Council in support of the recommendation contained in Chief Administrator's Office report CAO -15 -013 (S. DiDonato), dated February 20, 2015 and listed as Item 6 on the Committee of the Whole agenda. Mr. Farwell advised the recommended allocation of $39,400 to CEI is the remaining portion of the Arts and Culture Sustainability Fund. He added this funding is necessary for the provision of programing for small, emerging and growing mid -size organizations in 2015. Moved by Councillor S. Marsh Seconded by Councillor Y. Fernandes "That $39,400 from the Arts & Culture Sustainability Fund for 2015 be allocated to Creative Enterprise Initiative for small, emerging and growing mid -sized organizations." Carried. Exemption to Municipal Alcohol Policy 1 -325 Ms. Melanie McNeil, Woolwich Kin Club, addressed Council in opposition to the recommendation to refuse an exemption to Municipal Alcohol Policy 1 -325 for the Grand River Amazing Race event being held in Kiwanis Park, as outlined in Community Services Department report CSD -15 -037 (D. Keelan), and listed as Item 3 on the Committee of the Whole agenda. She stated the purpose of the exemption is to permit a beer tent for participants and spectators of the event, which would be located in the upper field area close to the park entrance. She indicated the purpose of the beer tent is to provide a degree of cost recovery for the event's online donation portal, the cost of which would otherwise have to be passed on to the donors or the charities. Responding to questions, Ms. McNeil COUNCIL MINUTES MAY 11, 2015 -95- CITY OF KITCHENER agreed that if it is determined that a patron needs to be removed from the beer tent area, the event security would further ensure the patron is removed from the entire park. Mr. M. Hildebrand, Director of Community Programs & Services, was in attendance and provided an overview of Report CSD -15 -037, advising the proximity of the pool to the proposed beer tent location poses a significant risk. He stated a strict no alcohol policy with patrons has been enforced to ensure a safe and risk free swimming environment. He added the enforcement of no alcohol in some areas of Kiwanis Park and not all spaces would be challenging. Mr. M. May, Deputy CAO — Community Services, expressed concerns with the precedent the proposed exemption may set for future groups who want to consume alcohol in Kiwanis Park. He acknowledged the desire by Council to see the Woolwich Kin Club being treated equitably compared to charity groups who hold licensed events in other City parks. Moved by Councillor Y. Fernandes Seconded by Councillor S. Davey "That the request for exemption from the Municipal Alcohol Policy 1 -325 by the Woolwich Kin Club, as attached to Community Services Department report CSD -15 -037, to allow for a beer tent to be located in the upper field area of Kiwanis Park on June 20, 2015, be approved, with staff having discretion to apply other conditions to control alcohol consumption and a commitment to treat the group equitably in the application of Policy 1- 325." Carried on a recorded vote In Favour: Mayor B. Vrbanovic and Councillors S. Marsh, F. Etherington, Y. Fernandes, D. Schnider, S. Davey and B. loannidis. Contra: Councillors P. Singh, K. Galloway - Sealock and Z. Janecki. Absent: Councillor J. Gazzola. 6.b. Tenders Ms. Michelle Palmer - Novakovic, Director of Supply Service, was in attendance to answer questions arising from the tender(s) listed on the Committee of the Whole agenda of this date. Moved by Councillor B. loannidis Seconded by Councillor D. Schnider "That Tender T15 -042 Stump Removal and Restoration Services, be awarded to 1793567 Ontario Inc. O/A ArborWorks Tree Service, Callander, Ontario, at their tendered price of $99,203.08, plus H.S.T. of $12,896.40, for a total of $112,099.48, with an option to renew for two (2) additional twelve (12) month terms." -and - "That Tender T15 -020 Water Heaters: Residential Regular Tank, be awarded as follows: A.O. Smith Enterprises Ltd., Fergus, Ontario, Giant Factories Inc., Montreal, Quebec, and Rheem Canada Ltd., Brampton, Ontario, at their tendered unit prices of Schedule "D ", with option to renew for two (2) additional twelve (12) month terms." 951ii eE "That Tender T15 -023 Freeport Forcemains, be awarded to Network Sewer and Watermain Ltd., Cambridge, Ontario at their corrected tendered price of $5,148,634.13, including provisional items and contingencies of $278,409.00, plus H.S.T. of $669,322.44, for a total of $5,817,956.57." 951ii eE COUNCIL MINUTES MAY 11, 2015 -96- CITY OF KITCHENER "That Expression of Interest E15 -034 Consultant Services — Dumfries Avenue Reconstruction, be awarded to AECOM, Kitchener, Ontario at their estimated fee of $225,720., including contingencies of $20,520. plus H.S.T. of $29,344., for a total of $255,064., based on a satisfactory contract being negotiated and an upset fee being established." -and - "That Tender T15 -025 Donley Street, Kelvin Avenue and Meinzinger Avenue Road Reconstruction, be awarded to Steed and Evans, St. Jacobs, Ontario at their tendered price of $2,808,000., including provisional items and contingencies of $221,696., plus H.S.T. of $365,040., for a total of $3,173,040." -and - "That Tender T15 -029 Fischer Park Skatepark Construction, be awarded to Gateman - Milloy Inc., Kitchener, Ontario at their tendered price of $691,266.90, including provisional items and contingencies of $25,000., plus H.S.T. of $89,864.70, for a total of $781,131.60." Carried. 7. COMMITTEE REPORTS — FINANCE AND CORPORATE SERVICES Moved by Councillor S. Davey Seconded by Councillor P. Singh "That the report of the Finance and Corporate Services Committee be adopted." At the request of Councillor S. Davey, it was agreed that Clause 7 would be voted on separately. Clause 7 — Carried. Balance of report — Carried. 8. UNFINISHED BUSINESS — NIL 9. NEW BUSINESS — 9.a. Notice of Motion —11 Young Street (former Mayfair Hotel) Dealt with under delegations 10. QUESTIONS AND ANSWERS — At the request of Councillor S. Marsh, Ms. C. Tarling agreed to provide additional information regarding the chemicals being used by Canadian Pacific for the 2015 Vegetation Control Program, as outlined in correspondence dated April 13, 2015 from Mr. G. Gordon, Vegetation Management Specialist, Canadian Pacific; as listed under Item 4 Communications Referred to File. 11. BY -LAWS (FIRST READING) — Moved by Councillor D. Schnider Seconded by Councillor S. Marsh "That leave be given the Mover and Seconder to introduce the following by -laws, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. b. To further amend By -law No 2008 -117, being a by -law to authorize certain on- street and off - street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. To further amend By -law No. 2010 -190, being a by -law to prohibit unauthorized parking of motor vehicles on private property. COUNCIL MINUTES MAY 11, 2015 -97- CITY OF KITCHENER d. Being a by -law to exempt certain lots from Part Lot Control — Part of Lots 18, 19 and 24, Registered Plan 58M -512 - Coopershawk Street. e. Being a by -law to exempt certain lots from Part Lot Control — Lots 29 to 34 inclusive and Part of Lot 35, Registered Plan 58M -570 — Elmbank Trail. f. Being a by -law to exempt certain lots from Part Lot Control — Lots 36 to 39 inclusive and Part of Lots 35 and 40, Registered Plan 58M -570 — Elmbank Trail. g. Being a by -law to exempt certain lots from Part Lot Control — Lots 41 to 44 inclusive and Part of Lot 40, Registered Plan 58M -570 — Elmbank Trail. h. Being a by -law to exempt certain lots from Part Lot Control — Lots 47 to 49 inclusive and Part of Lot 50, Registered Plan 58M -570 — Elmbank Trail. Being a by -law to exempt certain lots from Part Lot Control — Lots 51 to 53 inclusive and Part of Lot 50, Registered Plan 58M -570 — Elmbank Trail. Being a by -law to exempt certain lots from Part Lot Control — Lots 54 to 56 inclusive, Registered Plan 58M -570 — Elmbank Trail. k. 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 B. Vrbanovic appointed Councillor S. Davey as Chair. On motion, the Council rose from the Committee of the Whole and Mayor B. Vrbanovic occupied the Chair. Moved by Councillor S. Davey Seconded by Councillor P. Singh "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. 14. BY -LAWS (THIRD READING) - Moved by Councillor D. Schnider Seconded by Councillor S. Marsh "That the by -laws be given third reading, namely: a. To further amend By -law No. 88 -171, being a by -law to designate private roadways as fire routes and to prohibit parking thereon. (By -law No. 2015 -047) 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. 2015 -048) COUNCIL MINUTES MAY 11, 2015 _98- CITY OF KITCHENER 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. 2015 -049) d. Being a by -law to exempt certain lots from Part Lot Control — Part of Lots 18, 19 and 24, Registered Plan 58M -512 - Coopershawk Street. (By -law No. 2015 -050) e. Being a by -law to exempt certain lots from Part Lot Control — Lots 29 to 34 inclusive and Part of Lot 35, Registered Plan 58M -570 — Elmbank Trail. (By -law No. 2015 -051) f. Being a by -law to exempt certain lots from Part Lot Control — Lots 36 to 39 inclusive and Part of Lots 35 and 40, Registered Plan 58M -570 — Elmbank Trail. (By -law No. 2015 -052) g. Being a by -law to exempt certain lots from Part Lot Control — Lots 41 to 44 inclusive and Part of Lot 40, Registered Plan 58M -570 — Elmbank Trail. (By -law No. 2015 -053) h. Being a by -law to exempt certain lots from Part Lot Control — Lots 47 to 49 inclusive and Part of Lot 50, Registered Plan 58M -570 — Elmbank Trail. (By -law No. 2015 -054) Being a by -law to exempt certain lots from Part Lot Control — Lots 51 to 53 inclusive and Part of Lot 50, Registered Plan 58M -570 — Elmbank Trail. (By -law No. 2015 -055) Being a by -law to exempt certain lots from Part Lot Control — Lots 54 to 56 inclusive, Registered Plan 58M -570 — Elmbank Trail. k. To confirm all actions and proceedings of the Council. (By -law No. 2015 -056) (By -law No. 2015 -057) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:32 p.m. MAYOR CLERK COUNCIL MINUTES MAY 11, 2015 _99- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Canadian Cancer Society, Waterloo Region Unit, for their Relay for Life Event at Eastwood Collegiate, between the hours of 7:00 p.m., May 22 and 7:00 a.m., May 23, 2015, as outlined in Community Services Department report CSD -15 -027. 2. That an extension of the purchase order issued to MMM Group for engineering services related to the design and construction of the Doon South Sanitary Pumping Station and New Dundee Road Sanitary Sewer in the amount of $282,000., be approved, as outlined in Infrastructure Services Department report INS -15 -026. 3. That staff be directed to review the number of times that engineering projects have required a Purchase Order (PO) extension over the last 18 to 24 months and what was the total dollar value of those extensions. 4. That the Uniform Traffic Bylaw be amended to prohibit left turns between the hours of 2:00 p.m. and 6:00 p.m., Monday to Friday, until December 31, 2015 from Green Street onto Park Street, as outlined in Infrastructure Services Department report INS -15 -036. 5. That the Liquor License Application Review Committee be disbanded; and further, That the related process of submitting potential liquor license conditions to the Alcohol and Gaming Commission of Ontario (AGCO), be discontinued, as outlined in Finance and Corporate Services Department report FCS -15 -064. 6. That City staff be directed to participate in upcoming advocacy initiatives and consultations at the Province of Ontario level with respect to the Municipal Elections Act, as outlined in Finance and Corporate Services Department report FCS -15 -006, and in particular those relating to: 1. Potential improvements to the Municipal Voters' List; and, 2. Potential for allowing municipal candidates to include website and biographical information on the City's website; and, 3. Potential to allow all permanent residents to vote in municipal elections; and, That staff be directed to undertake a review on increasing voter turnout which may potentially include re- establishing the voter turnout committee; and further, That staff be directed to report back annually on the status of the above advocacy and voter turnout initiatives. That Bylaw 2014 -056 be amended, as shown in the "Proposed Bylaw ", to permit weekly or monthly food truck locations within the Downtown Kitchener Business Improvement Area (BIA) boundary, subject to the requirements contained therein, as outlined in Chief Administrative Officer's CAO -15 -016; and, That in 2015, the City shall not offer weekly food truck programming at Carl Zehr Square, unless it is associated with a festival or event; and, That By -law 2014 -056 be further amended to including the following: i) That one food truck be permitted to operate on the parking lot municipally addressed as 20 Breithaupt Street, or in the on- street parking areas on Breithaupt Street, between Moore Avenue and Waterloo Street, as part of a collaborative event between a food truck operator and a commercial or office tenant or an adjacent building, for a maximum period of four hours, provided the collaborative event has been approved by the Manager of Licensing in advance, and where the event it to occur on 20 Breithaupt COUNCIL MINUTES MAY 11, 2015 -100- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) (Cont'd) Street, the property owner has provided written authorization to the Manager of Licensing; and further, That consideration be given to additional opportunities for permitting food trucks on Breithaupt Street once ION construction has been completed. COUNCIL MINUTES MAY 11, 2015 -101- 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 -15 -068 — Sign Variance — 200 Ardelt Avenue Council considered Finance and Corporate Services Department report FCS -15 -068 (D. Saunderson), dated May 1, 2015. It was resolved: "That the application of the Family & Children's Services of Waterloo Region (SG 2015- 003 — 200 Ardelt Avenue) requesting permission to install a ground supported sign having automatic changing copy located 5.48m (17.979') from the intersection rather than the required 23m (75.459'); and, to have 33% of the sign area be changing copy, whereas the By -law permits a maximum sign area of 30% for changing copy, on Part Lot 3, Plan 1023 and Part Lot 17, Plan 791, being Part 4 on Reference Plan 58R -2738, 200 Ardelt Avenue, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain a Sign Permit from the Planning Division by July 01, 2015. 2. That the owner shall ensure that the sign complies with all other regulations of the Sign By -law. 3. That the owner shall submit an updated Landscape Plan to the satisfaction of the Director of Planning by July 01, 2015. 4. That the owner shall ensure that the sign is not located within the Corner Visibility Triangle or the Driveway Visibility Triangle. 5. That the owner shall remove the two existing signs located within 25 metres of the proposed sign location prior to the installation of the new sign." 3. CSD -15 -037 — Municipal Alcohol Policy (1 -325) Request for Exemption — Grand River Amazing Race Event Dealt with under Delegations. 4. FCS -15 -063 — Applications for Cancellation, Refund and / or Reduction of Taxes Council considered Finance and Corporate Services Department report FCS -15 -063 (J. Evans), dated April 30, 2015. It was resolved: "That the applications to City Council for cancellation, reduction, refund of taxes totaling $185,939.38 as attached to Finance and Corporate Services Department report FCS - 15 -063, be approved, pursuant to Section 357 of the Municipal Act." COUNCIL MINUTES MAY 11, 2015 -102- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 5. FCS -15 -073 — Group Benefits Contract — One -Year Extension Council considered Finance and Corporate Services Department report FCS -15 -073 (D. Chapman) dated May 6, 2015. It was resolved: "That the City of Kitchener's group insurance provider contract with Sun Life Financial be extended by an additional year (May 1, 2016 to April 30, 2017)." 6. CAO -15 -013 —Arts & Culture Sustainability Fund 2015 — Part 2 Dealt with under Delegations.