Loading...
HomeMy WebLinkAboutCouncil Minutes - 2004-05-03COUNCIL MINUTES MAY 3, 2004 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Brittany Weaver, King School of Vocal. On motion by Councillor J. Gazzola, the minutes of the regular meeting held April 19, 2004 and special meetings held April 19 and 26, 2004, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated April 6, 2004, from M. Bredeson, Executive Correspondence Officer, Office of the Prime Minister, acknowledging receipt of Council's resolution regarding the Community Access Program. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. With regard to T04-022 (Waterloo Street Reconstruction), Mr. Gordon advised that the tender was under budget due to less coal tar remediation being required. Councillor J. Gazzola reiterated comments made at the April 19, 2004 Council meeting concerning over budgeting of capital projects and suggested this information should have been available at the time Council considered a request to approve capital financing of $110 M for special projects. Ms. P. Houston clarified that the infrastructure replacement program is a long-term project that has no relationship to the debenture package for special projects. She added that only $8.9 M of the $110 M debenture package was approved in 2004, with the remainder subject to Council's consideration as projects move forward. Mayor C. Zehr commented that the savings achieved from projects under budget provides flexibility from year to year to deal with required maintenance of the City's infrastructure. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Proposal P02-027, Exclusive Supplier Agreements for the Kitchener Memorial Auditorium Complex, Rockway & Doon Valley Golf Courses and Community Arenas, between the Pepsi Bottling Group Canada and the Corporation of the City of Kitchener for non- alcoholic beverages, awarded by Council on August 27, 2002, expiring September 30, 2007, be amended to add any additional City facilities as required." - and - "That Tender T03-069, Incident Command Vehicle, be awarded to Dependable Emergency Vehicles, Brampton, Ontario at their tendered price of $136,136., plus G.S.T." - and - "That Tender T04-022, Waterloo Street Reconstruction - Roger Street (Waterloo) to Breithaupt Street (Kitchener), be awarded to Terracon Underground Ltd., Brantford at their adjusted tendered price of $2,381,789.91, including provisional items and contingencies of $139,199. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E04-014, Consultant Services - Municipal Class Environmental Assessment Brigadoon and Wards Ponds - Strasburg Creek, be awarded to CH2M Hill Canada Limited, Waterloo at their estimated fee of $165,000, including a contingency of $16,500. and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further; That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. COUNCIL MINUTES MAY 3, 2004 - 161 - CITY OF KITCHENER Councillor B. Vrbanovic, Co-Chair, Safe and Healthy Community Advisory Committee, and representatives of the Waterloo Regional Police Services, Kitchener Fire Department and Waterloo Regional Emergency Medical Services (Ambulance), attended to present the 2004 Youth Issues Grants and Awards in recognition of contributions made to youth programming in the community. Councillor Vrbanovic advised that proceeds raised from the annual 911 Golf Tournament provide grant funding in support of youth programming and this year 17 programs will benefit. Representatives of this year's recipients were present to receive awards on behalf of the following programs: · Kingsdale Neighbourhood Association - Kingsdale Youth Council · Child Witness Centre - Caring for Kids Conference · Centreville-Chicopee Community Association - Chicopee Outreach Program (C.©.P.S.) · KYAC (Kitchener Youth Action Council) - Special Events Group - Unity Jam · KYAC (Kitchener Youth Action Council) - Youth Inclusion Action Group - Culture Fusion · World Wide Opportunities For Women - Personal Safety Workshops · Independent Living Centre - The Kids on the Block · Mill-Courtland Neighbourhood Association - Sports Jam Summer Camp · Victoria Hills Neighbourhood Association - Weekend Youth Drop-Ins · Doon Pioneer Park Community Association - Youth in Action · Country Hills Recreation Association - Multi-Purpose Sports Pad · Chandler Mowat Community Centre - Tuesday Night Hang Time · KVV Sexual Assault Support Centre - Youth Information Sharing Session · Highland Stirling Community Group - You Go Girl Adventure Camp · Social Planning Council of KW - Closing the Distance · City of Kitchener - Youth Summer Day Program · ROOF (Reaching Our Outdoor Friends) - Lifeline Program Councillor B. Vrbanovic acknowledged the contributions of the Emergency Service personnel representatives present this date, who have been instrumental in co-ordinating the annual golf tournament in support of youth initiatives. Mr. Shawn Miller, Miller Enterprises, attended in opposition to Clause 6 of the Finance and Corporate Services Committee report of this date, which takes no action with regard to his request to amend Section 2.12 of Chapter 549 of the City's Municipal Code (Licence - Itinerant Temporary Vendor / Permanent - Temporary Market) respecting the required 400m distance separation between a temporary and a permanent business. Mr. Miller commented that the wording of Section 2.12 was too vague, pointing out that the distance separation is measured from property line to property line and he suggested that it should be further defined to reflect individual circumstances. He pointed out that in his case, his operation at the corner of Morgan Avenue and King Street is separated from a permanent florist shop by the length of two plazas. He added that the owner of the florist shop objected to his operation only after being notified by Licensing staff. Mr. Miller responded to several questions, advising that he operated from the subject location in 2003 without objection and has been unsuccessful in finding an alternate location in the same vicinity. Councillor B. Vrbanovic advised that he supports the decision to take no action regarding Mr. Miller's request, given the distance separation was developed as a fair compromise to serve both the needs of temporary vendors and the business practices of permanent vendors who pay annual property taxes. Mayor C. Zehr added that the issue of the distance separation will be further considered as part of a comprehensive review of all licensing by-laws, as required under the new Municipal Act, and if as a result it is determined a change should be implemented, it could be dealt with at that time. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 6 of the Finance and Corporate Services Committee report of this date be adopted." Carried. Mr. Ron Smith, Sign Art, attended in support of a Committee of Adjustment decision to approve sign variance application SG 2004-005 (Community Care Centre - 800 King Street), listed as Item B.6 on the Committee of the Whole agenda of this date. COUNCIL MINUTES MAY 3, 2004 - 162 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the application of Community Care Access Centre (SG 2004-005 - 800 King Street) requesting permission to erect an automatic changing copy sign to be located approximately 125 m (410 ft.) from a residential zone, rather than the required 150 m (492.12 ft.), to have a clearance between the bottom of the sign face and grade of 1.9 m (6.23 ft.) rather than the required 2.44 m (8 ft.), on Part of Lane & Lots 22-25, Subdivision of Lot 15, German Company Tract, 800 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved shall apply to the sign generally as shown on the plans submitted with this application." Carried. Council was in receipt this date of Development and Technical Services Department report DTS-04- 073 (L. Masseo), dated April 30, 2004, concerning relocation of the offices and counselling facilities of the K-W Counselling Service (KVVCS). Mr. Larry Masseo, Manager of Design and Development, advised that as a result of redevelopment, the KWCS must vacate its current location at the Waterloo Town Square by March 2005 and has expressed interest in City-owned lands within Gzowski Park (corner of Chopin Drive and Westmount Road). He pointed out that the area in question is designated parkland and will require a zoning amendment to permit the proposed 'Social Service Establishment' use. He advised that KVVCS has submitted the required zone change application to be processed in accordance with Council policy, including appropriate public consultation with respect to the potential sale of City parklands. Mayor C. Zehr pointed out that the intent this date was to bring the proposal forward to inform Council and the public, and a final decision will not be made until completion of the zone change process. Councillor J. Gazzola stated that he was opposed to the KVVCS's proposal as it will result in the loss of City parkland. Mr. Gord Snider, a resident of Union Boulevard, attended to raise concerns related to Clause 12 of the Development and Technical Services Committee report of this date regarding intersection improvements at Union Boulevard / Dunbar Road / Rusholme Road. Mr. Snider illustrated the curb radius at Union Boulevard and Dunbar Road, and suggested that right turns from Union onto Dunbar cannot be made without motorists crossing over into the opposing lane of traffic. He requested that consideration be given to reducing the curb radius to address issues of traffic safety. Mr. Robert Shamess, Director of Engineering Services, advised that the intersection improvements include reduction of curb radii and tests were undertaken to ensure proper right turns could be made. Councillor G. Lorentz requested that staff be directed to review the curb radius to ensure safe and proper movement of motor vehicles. Councillor M. Galloway requested that Clause 12 be amended to incorporate Councillor Lorentz's request and that staff be authorized to make any necessary adjustments required as a result of the review. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 12 of the Development and Technical Services Committee report of this date be adopted, as amended, to require staff to review the curb radius and make any necessary adjustments to ensure safe and proper movement of motor vehicles at the intersection of Union Boulevard / Dunbar Road / Rusholme Road." Carried. In response to a further inquiry from Mr. G. Snider, Councillor C. Weylie advised that staff have been directed to undertake a traffic study of the entire area of old Westmount Road, from King Street to Erb Street and including Belmont Avenue. She noted that public consultation meetings will be held with respect to this matter in the near future. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." COUNCIL MINUTES MAY 3, 2004 - 163 - CITY OF KITCHENER At the request of Councillor B. Vrbanovic, it was agreed to amend Clause 10 of the report regarding deferral of planning related applications for lands west of Fairway Road and north of Morrison Road, to require that any recommendation arising from the May 10, 2004 meeting of the Development and Technical Services Committee be forwarded for consideration at the special Council meeting to be held the same date. The Development and Technical Services Committee report was then voted on clause by clause. Clause 10 - Carried, as Amended. Clause 12 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, the report of the Community Services Committee (meeting of April 5, 2004) was brought forward for consideration. Councillor G. Lorentz advised that staff are requesting that consideration of the report, dealing with a capital expenditure for a Downtown Community Resource Centre, be deferred and referred to the May 17, 2004 Council meeting to allow additional information to be provided relative to draft agreements with the Waterloo Catholic District School Board. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of April 5, 2004) be adopted, as amended." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of April 26, 2004) be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Council was in receipt this date of Strategic Services Department report SSD-04-013 (C. Ladd), dated April 27, 2004, relative to Clause 8 of the Finance and Corporate Services Committee report. The report provides additional information regarding past experience of Rbosch Consulting, and costs incurred by the Town of Markham, with respect to implementation of Contact Centres. In response to questions, Ms. Ladd advised that specific funds have not been set aside for implementation of a Contact Centre; however, funding allocated for improvements to the City's telephone system could potentially be used for both projects. Councillor J. Gazzola stated that he was opposed to Clause 8 as there is no urgency to proceed with the project and in his opinion, the normal tendering process should apply. Councillor G. Lorentz stated that the concept of a Contact Centre has been under consideration for some time and with limited expertise in the field, he was of the opinion that it would be beneficial to explore the method of implementation undertaken in Markham. The report of the Finance and Corporate Services Committee was then voted on clause by clause. Clause 6 - Dealt with under Delegations and Carried. Clause 8 - Carried. Balance of report - Carried. COUNCIL MINUTES MAY 3, 2004 - 164 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Councillor G. Lorentz referred to a recent announcement from the Province of Ontario regarding a Bill to amend the Electricity Act to enable the Government to develop a province-wide licensing system for electrical contractors / trades and questioned the impact on the City's licensing revenues. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, suggested that the impact would be minimal in the event the municipality no longer has authority to license electricians. However, he pointed out that the intent of the Government is unclear as it implies municipalities will still be relied upon to administer and enforce regulations governing the trade. Mr. Sosnoski agreed to provide Council with detailed information. Council agreed to a request of G. Sosnoski, General Manager of Corporate Services & City Clerk, to add three additional by-laws for three readings this date. The first relates to Clause 8 of the Development and Technical Services Committee report dealing with an amendment to By-law 2003- 89 (Interim Control - Cedar Hill Area) and the remaining two by-laws relate to Clauses 11 and 13 of the Development and Technical Services Committee report respecting zoning amendments for properties at Sportsworld Drive and Franklin Street South. Council subsequently gave first and second reading to an additional by-law (shown as Item 'm' below) relative to Item B.7 of the Committee of the Whole to effect an amendment to Chapter 101 of the Municipal Code (Appointment of Staff). Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to repeal By-law 2004-72 - Establishing and laying out part of Max Becker Drive as a public highway in the City of Kitchener. (e) Being a by-law to provide for the establishing and laying out of part of Max Becker Drive as a public highway in the City of Kitchener. (f) Being a by-law to exempt certain lots from Part Lot Control - Lot 100, Registered Plan 1773 - Schueller Street. (g) Being a by-law to amend By-law 93-43 of The Corporation of the City of Kitchener which designated buildings at the property formerly known as 100 Duke Street West as having historic and architectural value. (h) Being a by-law to exempt certain lots from Part Lot Control - Lot 94 - Registered Plan 58M- 299 - Robert Ferrie Drive. (i) To confirm all actions and proceedings of the Council. (J) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Sportsworld Drive. MAY 3, 2004 COUNCIL MINUTES - 165 - CITY OF KITCHENER (k) Being a by-law to amend By-law 2003-89, being a by-law to effect Interim Control Areas in the Cedar Hill Area of the City of Kitchener. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - T. Alberto and D. Hodgins - Franklin Street South. (m) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code with respect to Appointment of Staff. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola Seconded by Councillor M. Galloway "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 C. Weylie Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2004-75) (b) 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. 2004-76) (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2004-77) (d) Being a by-law to repeal By-law 2004-72 - Establishing and laying out part of Max Becker Drive as a public highway in the City of Kitchener. (By-law No. 2004-78) (e) Being a by-law to provide for the establishing and laying out of part of Max Becker Drive as a public highway in the City of Kitchener. (By-law No. 2004-79) (f) Being a by-law to exempt certain lots from Part Lot Control - Lot 100, Registered Plan 1773 - Schueller Street. (By-law No. 2004-80) MAY 3, 2004 COUNCIL MINUTES - 166 - CITY OF KITCHENER (g) (h) (i) d) (k) (m) Being a by-law to amend By-law 93-43 of The Corporation of the City of Kitchener which designated buildings at the property formerly known as 100 Duke Street West as having historic and architectural value. (By-law No. 2004-81) Being a by-law to exempt certain lots from Part Lot Control - Lot 94 - Registered Plan 58M- 299 - Robert Ferrie Drive. To confirm all actions and proceedings of the Council. (By-law No. 2004-82) (By-law No. 2004-83) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Sportsworld Drive. (By-law No. 2004-84) Being a by-law to amend By-law 2003-89, being a by-law to effect Interim Control Areas in the Cedar Hill Area of the City of Kitchener. (By-law No. 2004-85) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - T. Alberto and D. Hodgins - Franklin Street South. Being a by-law to amend Chapter 101 respect to Appointment of Staff. (By-law No. 2004-86) of The City of Kitchener Municipal Code with (By-law No. 2004-87) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:00 p.m. MAYOR CLERK COUNCIL MINUTES MAY 3, 2004 - 167 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE That Market Lane be converted to a one-way eastbound traffic flow from Scott Street to Eby Street North; and further, That the Uniform Traffic Bylaw be amended accordingly. That the Application Form for the Brownfield Remediation Program, as presented in Appendix "A" to Report DTS-04-45, be endorsed; and further, That Terry Boutilier, Senior Planner in the Development & Technical Services Department, be appointed as Brownfield Co-ordinator for the City of Kitchener. That staff be directed to undertake a detailed review of the City's sign by-law and prepare a new by-law for Council approval and implementation by no later than January 1, 2006; and further, That staff be directed to solicit input from the sign industry and the public during the preparation of the new Sign By-law. That the Council of the City of Kitchener approve of forming a partnership with the Adam Blucher Development Corporation to support their application to the Federation of Canadian Municipalities (FCM) for financial assistance under FCM's Green Municipal Funds, for the remediation and redevelopment of approximately 15 acres of formerly industrial lands in the vicinity of St. Leger and Louisa Streets. That the Council of the City of Kitchener express its support for the University of Waterloo, Department of Biology's research on the "Multi-process Phytoremediation System for Decontamination of Soils", and that the City of Kitchener partner with the Department of Biology Professors Bruce Greenberg, Xiao-Dong Huang, and Bernard R. Glick in support of their research funding application to the Natural Sciences and Engineering Council of Canada (NSERC). That No Stopping Anytime be established on both sides of Cedar Street North from King Street East to Duke Street East; and further, That the Uniform Traffic By-law be amended accordingly. That demolition control application DC 03/06/B/CB requesting permission to demolish one single detached dwelling located at 18 Becker Street, legally described as Plan 42 Part Lots 8 to 12, be approved. That the Terms of Reference, dated April 20, 2004, and attached to Report DTS-04-058, for the Cedar Hill Land Use and Social Environment Study be endorsed, enabling T. Brock Stanley and Pierre Filion to be retained as consultants, with City staff support, to conduct the study, as per the study scope identified in the Terms of Reference, with the project cost not to exceed $20,000; and further, That prior to May 12, 2004, By-law 2003-89, being an Interim Control By-law which prohibits new residential care facilities (including group homes), new lodging houses, new multiple dwellings and new social service establishments within the Cedar Hill neighbourhood, be amended for the purposes of extending the duration of the by-law for one additional year, as permitted under section 38(2) of the Planning Act, in the form shown in the attached Proposed Bylaw, dated May 3, 2004. That Zone Change Application ZC 03/11/S/DR, City Initiated, to change the zoning on the subject lands, on Bingemans Centre Drive (formerly Shirley Avenue) from Business Park Service Centre Zone (B-3), Commercial Business Park Zone (B-4) and Heavy Industrial Zone (M-4) with Special Use Provision 46U to Restricted Business Park Zone (B-2) with Special Use Provision 336U and Special Regulation Provision 416 R, Business Park Service Centre Zone (B-3) with Special Use Provision 338U and Special Regulation Provision 416R, and Restricted COUNCIL MINUTES MAY 3, 2004 - 168 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) Business Park Zone (B-2) with Special Regulation 336U, Special Regulation 337U and Special Regulation Provision 416R on lands legally described as Parts 1 to 12 inclusive 58R-14324 and Part 2 58R-13567, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated April 1,2004, attached to report DTS-04-056 subject to the following condition: 1) That the zoning by-law not receive three readings until a Record of Site Condition is completed for the entire property and the City has been notified by the Regional Municipality of Waterloo that the Record of Site Condition satisfies Regional requirements. 10. That Development and Technical Services Department report DTS-04-037 dealing with Draft Plan of Subdivision Application 30T-03201, Municipal Plan Amendment Application MP 03/02/F/BS and Zone Change Application ZC 03/02/F/BS, for the lands located west of Fairway Road and north of Morrison Road; be deferred and referred to the May 10, 2004 meeting of the Development and Technical Services Committee and any recommendation arising therefrom be forwarded to the special Council meeting of the same date. (As Amended) 11. That Zone Change Application ZC/03/24/S/RM requesting a change from Commercial Campus Zone (C-8) with Special Regulation 216R to a Commercial Campus (C-8) Zone with revised Special Regulation Provision 216R on lands legally described as Plan 1725 Lot 8 (Tonecraft Corporation, 45 Sportsworld Drive) in the City of Kitchener, be approved, in the form shown in the "Proposed By-Law", dated April 5th, 2004, attached to report DTS-04-047. 12. That subject to staff review of the curb radius and any adjustments being made thereto required for the safe and proper movement of motor vehicles, improvements to the intersection of Union Boulevard/Dunbar Road/Rusholme Road be approved, as per Fig. 2 of Development and Technical Services Department report DTS-04-055, dated April 19, 2004, for inclusion in the 2004 road reconstruction program; and, That an all-way stop be installed at the intersection of Union Boulevard/Dunbar Road/Rusholme Road following reconstruction; and, That the Uniform Traffic Control By-law No. 2000-159 be amended accordingly; and further, That Transportation Planning review the traffic operating conditions on Union Boulevard, Rusholme Road and Dunbar Road after one year to determine the effectiveness of the recommended intersection improvements. (Dealt with under Delegations and Carried, as Amended) 13. That Zone Change Application ZC04/02/F/KS (88 Franklin Street South), to change the zoning on the subject lands, legally described as Part of Lot 136, R.P. 254, for the City of Kitchener, from Residential Four Zone (R-4) to Residential Four Zone (R-4) with Special Use Provision 333U, be approved, in the form shown in the "Proposed By-law", dated March 25, 2004, attached to report DTS-04-044. 14. That City Council supports the request for temporary occupancy for 1252-58/10 King Street East, conditional upon the following: "That enforcement of the City's Zoning By-law be waived with respect to the parking use on the portion of the property zoned R-7 at 1252-58/10 King Street East and temporary occupancy be approved subject to the retail/wholesaling use vacating the location in the event that the entire site is not rezoned to the future Mixed Use Corridor Zone (C-9); and further, MAY 3, 2004 COUNCIL MINUTES - 169 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 14. (Cont'd) That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of this application." 15. That the Director of Engineering Services, Development and Technical Services Department, be authorized and directed to file the Class Environmental Assessment (EA) Project File Report for the Sandrock Greenway Trunk Sanitary Sewer Flood Relief Study with the Municipal Clerk for a Thirty (30) day public review; and further, That the Director of Engineering Services, Development and Technical Services Department, be directed to prioritize the identified projects within the context of the 10 year capital program. 16. That the following plans be repealed in their entireties: · Block Plan 66 · Country Hills West Secondary Plan · Forest Heights Community Concept Plan · Forest Heights West Community Plan · Grand River North Community Plan · Grand River South Area 1 Community Plan · Pioneer Park West Community Plan. 17. That Council accept the Offer to Purchase from Catanaco Homes LTD. for Part 7 on Registered Reference Plan 58R-14324 being a parcel of land in the Grand River West Business Park, having an area of approximately 2.0 acres at the price of $110,000 per acre for a total purchase price of $220,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction. 18. That Council accept the Offer to Purchase from Custom Leather Canada Limited. in Trust for a company to be incorporated for Parts 3, 4, 5 and 6 on Registered Reference Plan 58R-14324 being a parcel of land in the Grand River West Business Park, having an area of approximately 6.0 acres at the price of $110,000 per acre for a total purchase price of $660,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction. 19. That Council accept the Offer to Purchase from MTE Consultants Inc. for Parts 8,9,10 on Registered Reference Plan 58R-14324 being a parcel of land in the Grand River West Business Park, having an area of approximately 2.0 acres at the price of $110,000 per acre for a total purchase price of $220,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction. COMMUNITY SERVICES COMMITTEE (Meeting of April 5, 2004) - That an expenditure of $2.5 M ($1.7 M capital expenditure and $0.8 M Superbuild funds) be re- affirmed for a Downtown Community Resource Centre, as outlined in Community Services Department report CSD-03-083 (June 4, 2003); and further, MAY 3, 2004 COUNCIL MINUTES - 170 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of April 5, 2004) - (CONT'D) 1. (Cont'd) That additional capital funds in the amount of $429,000 required for the Downtown Community Resource Centre, as outlined in Community Services Department report CSD-04-033 (March 30, 2004), be transferred from the Capital Fund Surplus from the Stanley Park Community Centre project account. (Deferred and referred to the May 17, 2004 Council meeting to allow additional information to be provided relative to draft agreements with the Waterloo Catholic District School Board.) COMMUNITY SERVICES COMMITTEE (Meeting of April 26, 2004) - That the 'Access Over City Property - Temporary Licence Agreement' be approved, as attached to Community Services Department report CSD-04-070; and, That the Director of Operations, or designate, be authorized to sign the agreement; and further, That any modifications to the agreement, other than filling in the blanks, be subject to the approval of the City Solicitor. That pursuant to Council Policy 1-400 (Community Gardens), a one-time contribution in the amount of $1000. be approved to the Fernwood Place Garden Group for the start-up of the Fernwood Place Community Garden, which includes: a) Services in kind: transport topsoil & sod stripping $500. b) Cash grant $500.; and further, That the Mayor and Clerk be authorized to sign any and all necessary agreements with the Fernwood Place Garden Group, satisfactory to the City Solicitor, to allow the Fernwood Place Community Garden to be located on public lands known as the Fernwood Place Cul-de-sac bulb. That the 'Market Vendor Rental Permit/Invoice' be approved, as attached to Community Services Department report CSD-04-065, to be used with all vendors at Your New Kitchener Market, save and except vendors in the Market Shops; and, That the Market Supervisor, or designate, be authorized to sign the agreement; and further, That any modifications to the permit, other than filling in the blanks, be subject to the approval of the City Solicitor. That the City of Kitchener support Civitan Sports and Kitchener Fastball Promotions in hosting the Canadian Olympic Women's Fastball Team - Training and Selection Camp; and further, That a general provision grant be approved for in-kind services in the amount of $3,000. and a $1,000. cash sponsorship for the Meet the Olympic Team Dinner. FINANCE AND CORPORATE SERVICES COMMITTEE - That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Aga Khan Foundation of Canada on May 30, 2004, from 11 A.M. to 3 P.M., to participate in the 2004 World Partnership Walk in Victoria Park. COUNCIL MINUTES MAY 3, 2004 - 171 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That the request of the World Partnership Walk to sell refreshments in Victoria Park on the day of the walk, May 30, 2004 be approved, provided the necessary licence, including Health and Fire approval is obtained. That the request of the Tri-Pride Community Association to locate a beer tent in Victoria Park for the Tri-Pride Day Celebration on June 6, 2004 be approved; and, That the Tri-Pride Community Association be permitted to invite a maximum of 40 food and merchandise vendors to sell in Victoria Park during the Tri-Pride Day Celebration on June 6, 2004, provided the necessary licence is obtained and that a reduced licence fee of $10. be applicable; and, That the Tri-Pride Community Association be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at Victoria Park on June 6, 2004; and, That the Tri-Pride Community Association comply with Chapter 503 (Adult entertainment) and Chapter 502 (Adult Goods Outlets) of the Municipal Code; and further, That since this event is a celebration of community harmony and diversity, it be designated as an event of 'Municipal Significance' for the purpose of applying for a liquor licence. That the request for the sale of food and/or merchandise on City property during various events being conducted from May to December 2004, listed on Schedule 'A' of Corporate Services Department report CRPS-04-068 be approved, provided the necessary licences, including Health and Fire approval, are obtained; and, That the request for an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for the events listed on Schedule 'B' of report CRPS-04-068 be granted; and, That the request for permission to sell alcohol on City property for the events listed on Schedule 'C' of report CRPS-04-068 be granted; and, That since the Tapestry event, held on June 23 & 24, 2004, is a celebration of our unique ethnic heritage, it be designated as an event of 'Municipal Significance' for the purpose of applying for a liquor licence; and further, That Blues, Brews and BBQ's being held on August 6, 7 & 8, 2004 and Christkindlmarket being held December 1 to 5, 2004, be declared 'Community Festivals' for the purpose of applying for a liquor licence. That notwithstanding provisions of section 3.15 (a) of Chapter 586 of the City of Kitchener Municipal Code, permission be granted to the issuance of one (1) licence to operate a Hot Dog Cart at 730 Ottawa Street South (RONA); and further, That the owner(s) of 730 Ottawa Street South shall have discretion to decide who shall be issued the licence to operate the Hot Dog Cart on their property. That no action be taken at this time on the request of Mr. Shawn Miller, Miller Enterprises, to revise Section 2.12 of Chapter 549 of the City of Kitchener Municipal Code (Licence - Itinerant Temporary Vendor / Permanent - Temporary Markets) regarding distance separation, pending a comprehensive review of all licensing by-laws as required under the new Municipal Act. (Dealt with under Delegations and Carried.) COUNCIL MINUTES MAY 3, 2004 - 172 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. A. That the Alcohol and Gaming Commission of Ontario (AGCO) be advised that the Council of the Corporation of the City of Kitchener takes no action to oppose the application for a liquor licence for Sammy's Garage and Rec Room, 400 King Street West, Kitchener, applied for by James Jason Flynn (herein referred to as the "Applicant"), subject to the Applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below and subject to compliance with Fire and Building Code regulations; and, That the City enter into an agreement with the Applicant, should he be willing, wherein the Applicant agrees to abide by the following conditions and to request they be added to his licence if the AGC© 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 a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; (3) To abide to a set 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in the application (in other words, alcohol sales will be limited to 60% of gross refreshment sales); (4) To stop serving alcohol between 2:00 a.m. and 11:00 a.m. daily; (5) To voluntarily surrender the liquor license to the AGCO should someone other than the applicant operate this establishment in the future; (6) To notify the Clerk of the City of Kitchener in writing of any applications 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's Council; (7) To comply with the Noise By-law and the Smoking By-law; (8) These conditions shall bind all successors, assigns and subsequent licence holders (if any); and further, That in the event the AGCO, at its discretion, does not add the above conditions to the licence, the City enter into an agreement wherein the Applicant agrees to have those conditions added to and form part of a list "private agreement conditions". That the Alcohol and Gaming Commission of Ontario (AGCO) be advised that the Council of the Corporation of the City of Kitchener takes no action to oppose the application for a liquor licence for Stages, 312 King Street West, Kitchener, applied for by James Jason Flynn (herein referred to as the "Applicant"), subject to the Applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below and subject to compliance with Fire and Building Code regulations; and, That the City enter into an agreement with the Applicant, should he be willing, wherein the Applicant agrees to abide by the following conditions and to request they be added to his licence if the AGC© 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 a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; MAY 3, 2004 COUNCIL MINUTES - 173 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) (3) To abide to a set 60% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in the application (in other words, alcohol sales will be limited to 60% of gross refreshment sales); (4) To stop serving alcohol between 2:00 a.m. and 11:00 a.m. daily; (5) To voluntarily surrender the liquor license to the AGCO should someone other than the applicant operate this establishment in the future; (6) To notify the Clerk of the City of Kitchener in writing of any applications 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's Council; (7) To comply with the Noise By-law and the Smoking By-law; (8) These conditions shall bind all successors, assigns and subsequent licence holders (if any); and further, That in the event the AGCO, at its discretion, does not add the above conditions to the licence, the City enter into an agreement wherein the Applicant agrees to have those conditions added to and form part of a list "private agreement conditions". That the tendering process be waived and the Director of Purchasing be authorized to negotiate a contract for the supply of services from Rbosch Consulting to a maximum of $30,000. for the purpose of providing services related to a Contact Centre Feasibility Study. That staff be directed to investigate the options outlined in Finance and Corporate Services Department report CRPS-04-037, to amend Chapter 650 of the City of Kitchener Municipal Code (Lot Maintenance) with regard to provisions for naturalization and larger than normal residential lots, and provide recommendations for consideration at a future meeting of the Finance and Corporate Services Committee. HERITAGE KITCHENER- That the City of Kitchener request permission from the Royal Canadian Legion to use a symbol of the Poppy on thematic street and entrance signage for the St. Mary's Heritage Conservation District, being the first Heritage Conservation District in Ontario to recognize the significance of Veterans' Housing. COUNCIL MINUTES MAY 3, 2004 - 174 - 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. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Tara Kynock and Patricia Fitzgerald, employed at 1412 Victoria Street. North, Kitchener, (Ruby's) be granted a 2004 Adult Entertainment Parlour Attendant Licence." The following resolution arose from in-camera discussion on April 26, 2004. "That Shannon Burgess, employed at 1412 Victoria Street North, Kitchener (Ruby's), be granted a 2004 Adult Entertainment Parlour Attendant Licence." 2. Do.q Designation Appeal Committee Decision It was resolved: "That the April 19, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Marnie Ammell & John Angelopoulos, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 3. Amendment - Memorandum of Understandinq - Business Enterprise Centre It was resolved: "That the Mayor and Clerk be authorized to execute an Amendment to an existing Memorandum of Understanding dated January 1999 between Ontario Business Connects (OBC) on behalf of the Ministry of Consumer and Business Services (known in 1999 as Consumer and Commercial Relations) and The Corporation of the City of Kitchener to permit the installation of a second business registration terminal in the Business Enterprise Centre offices located at 200 King Street West." 4. Rental of Doon Valley Golf Course Lands Council considered a request to rent undeveloped lands at the Doon Valley Golf Course for the growing of a soybean crop. Ms. L. MacDonald, City Solicitor, advised that she had been made aware this date of concerns raised by an area resident respecting the potential damage to any significant archaeological features above or below the lands from ploughing operations. Accordingly, she requested that wording be included in the resolution to require confirmation from the City's consultant that the farming operation will not adversely impact significant features of the lands. It was resolved: "That subject to receiving confirmation from the City's consultants that the proposed activity will not adversely impact on the significant feature(s) of the lands, the City of Kitchener rent undeveloped lands Parts 1 & 2, Plan 67R- 1686, at Doon Valley Golf Course for the growing of a soybean crop from May 2004, until October 2004." COUNCIL MINUTES MAY 3, 2004 - 175 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Various Tenders Dealt with under Delegations. 6. Committee of Adjustment Decision Dealt with under Delegations. 7. Appointment - Deputy Fire Chief Council considered this date Development and Technical Services Department report DTS-04-071 (D. Trask), dated April 28, 2004, concerning appointment of a Deputy Fire Chief and enactment of a related by-law. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, requested that the associated by-law be given first and second reading and stand referred to Council this date for third reading. It was resolved: "That Mr. Gary Mann be appointed as Deputy Fire Chief effective May 4, 2004, and that the corresponding appointment by-law be read a first and second time and stand referred to Council this date for third and final reading." 8. Licence - Rain Date - Charitable Barbecue and Sale (Ro.qers Cable) Council considered this date Corporate Services Department report CRPS-04-078 (J. Koppeser), dated April 28, 2004, concerning a request to amend the Council resolution of April 19, 2004, regarding approval of a charitable barbecue and sale, to include an alternative rain date. It was resolved: "That the Council resolution of April 19, 2004 regarding approval of a charity barbecue and sale on May 8, 2004 (Rogers Cable) be amended by adding an alternative rain date of May 15, 2004."