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HomeMy WebLinkAboutCouncil - 2004-05-17COUNCIL MINUTES MAY 17, 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 April Rego, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held May 3, 2004 and special meetings held May 3 and 10, 2004, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Mayor C. Zehr disclosed a pecuniary interest at the in-camera meeting of City Council held May 10, 2004 in respect to a matter involving solicitor-client privilege. COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In response to questions regarding Proposal P04-023 (Victoria Park Boathouse Operation), staff advised that the required Letter of Credit must be submitted in accordance with the City's financial policies and pending re-assessment of the property, the operator may be required to pay property taxes. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Council approve the single source purchase of Retrofit Installation of Snow & Ice Control Equipment on three Community Services Operations dump trucks from Viking Cives Ltd., Mount Forest, Ontario at their quoted price of $68,955, plus P.S.T. & G.S.T." - and - "That Tender T04-026, Envelopes (Co-Operative Tender), be awarded to Supremex Inc., Etobicoke, Ontario with the City of Kitchener's portion of this tender being $52,744. for a one- year term, plus G.S.T. & P.S.T., with options to renew for a further three (3), one-year terms." - and - "That Proposal P04-023, Operation of the Victoria Park Boathouse, be awarded to Cindy Ward of Kitchener, Ontario for a five (5) year period to commence no later than June 1,2004 subject to Ms. Ward undertaking the following: · post a $5,000. Letter of Credit for security; · payfor all utilities; · pay a graduated license fee starting at $300./month for the first year up to $925./month by the fifth year; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Brian Dahmer, Camper's World, attended in support of a Committee of Adjustment decision, listed as Item 4 on the Committee of the Whole agenda this date, to approve sign variance application SG 2004-006 (McTaggert Water Systems - 637 Victoria Street North). Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the application of McTaggert Water Systems (637 Victoria Street North) requesting permission to locate a third party portable sign on a property not permitted third party signs, for a temporary period of time, on Part Lot 52, Plan 763 and Part Lot 1, Plan 764, 637 Victoria Street North, Kitchener, Ontario, BE APPROVED subject to the following conditions: That the sign shall be relocated and setback a minimum of 0.4 m (1.31 ft.) from the front lot line, and located outside any driveway visibility triangle. COUNCIL MINUTES MAY 17, 2004 - 188 - CITY OF KITCHENER That the sign shall not advertise any third party content except for the business known as Camper's World. That the sign shall be removed either when this property is occupied or when the Camper's World address is corrected in the new phone book, which ever happens first." Carried. Messrs. Doug Letson, President, and Charles Ormston, Vice-President, of the Walter Bean Grand River Community Trails Foundation, attended in support of Clause 2 of the Community Services Committee report of this date, concerning the naming of Access Point 5 (in the area of Homer Watson Boulevard and Doon South Drive) of the Walter Bean Grand River Community Trail. Mr. Letson commented that the Foundation raised $6.3 M, exceeding original cost estimates of $4.5 M for trail construction and resulting in $1.2 M being transferred to the City for construction of a pedestrian bridge across the Grand River. Mr. Letson advised that the current Foundation Executive, having completed its mandate, will step down in support of new leadership effective June 10, 2004 and thanked Council and City staff for their ongoing support of the project. Mayor C. Zehr thanked Mr. Letson and members of the Foundation Executive for their outstanding dedication to this project and advised that a report concerning construction of the bridge will be brought forward for consideration in the near future. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 2 of the Community Services Committee report of this date be adopted." Carried. Mr. Marko Sandal, the applicant, attended with respect to Clause 9 of the Development and Technical Services Committee report of this date dealing with Zone Change Application ZC 04/07/F/CB (537 and 547 Frederick Street and 120 Ann Street). It was noted that this matter was deferred and referred to the Council meeting this date to allow all interested parties to meet to address concerns raised by area residents. Mr. Sandal advised that the prospective developer of the subject lands was unable to attend the Council meeting this date and requested a further deferral of the matter to the following week. Mayor C. Zehr advised that if deferred, the earliest the matter could be considered would be at the June 7, 2004 Development and Technical Services Committee meeting, followed by a final decision at the June 14, 2004 Council meeting. Councillor J. Smola requested that staff make arrangements for all interested parties, including the proposed developer, to meet with area residents to discuss their concerns prior to the June 7 Committee meeting. Mr. Michael Bean, 154 Ann Street, also attended with respect to Clause 9 of the Development and Technical Services Committee report advising that area residents are opposed to the CR-3 zoning as it is considered too broad in scope. He pointed out that they also question the viability of the proposed development and credibility of the persons involved. He stated that residents put forward a counter-proposal to rezone the subject lands R-8 with special uses that would permit a true medical centre or similar professional establishment to be constructed on the site. Mr. Bean questioned the status of environmental issues related to the site and Mayor C. Zehr advised that a Record of Site Condition is to be completed as a condition of the zone change. Mr. Bean raised concerns with his availability for the June 7 Committee meeting. Mayor Zehr suggested that it may be more appropriate for staff to report directly to the June 14 Council meeting as to the outcome of the meeting between interested parties. Councillor M. Galloway requested that a report be provided to Council and include information concerning the expertise and development history of the individuals involved in the proposed development. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 9 of the Development and Technical Services Committee report of this date dealing with Zone Change Application ZC 04/07/F/CB (537 and 547 Frederick Street and 120 Ann Street), be amended to defer and refer consideration of the Zone Change Application to the June 14, 2004 Council meeting to allow all interested parties to meet and a report to be prepared outlining the outcome of the meeting and development history of the proponents." Carried. COUNCIL MINUTES MAY 17, 2004 - 189 - CITY OF KITCHENER Ms. Myrta Rivera, Executive Director, K-W Multicultural Centre, attended in support of Clause 5 of the Committee of the Whole agenda of this date concerning confirmation of the sale of 102-104 King Street West to the Centre and extension of the closing date. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the City of Kitchener confirm the sale of 102-104 King Street to the K-W Multicultural Centre as outlined in report DD-03-004 and approved by Council in a resolution dated July 2, 2003 save and except a revised closing date of November 1,2004, said closing date only to be extended if deemed necessary by the City Solicitor to facilitate the legal components necessary to complete the transaction." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause. Clause 9 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. Council was in receipt of Community Services Department report CSD-04-096 (S. Adams), dated May 10, 2004, relative to the Community Services Committee report (meeting of April 5, 2004), dealing with funding for the proposed Downtown Community Resource Centre (DCRC). The report provided additional information relative to a draft Joint Venture Agreement with the Waterloo Catholic District School Board (WCDSB) and a business plan for sub-lease of space in the Victoria School Centre (VSC). Councillor C. Weylie raised concerns with respect to parking arrangements for seniors re-locating from the VSC. Mr. F. Pizzuto advised that the WCDSB will provide 45 parking spaces on a short- term basis at the new location in exchange for the equivalent number of spaces currently used by seniors at the Joseph Street lot. Mr. Pizzuto added that parties interested in leasing vacant space at VSC are aware that no parking will be available in the Joseph Street lot and staff intend to pursue alternative parking arrangements, either on-street or within Victoria Park. In response to Councillor J. Gazzola, Mr. Pizzuto advised that the agreement has been reviewed by the Board's solicitor and the Board has agreed in principle, subject to minor refinement of wording. Councillor Gazzola advised that he was not prepared to support the motion as the Board has not given its final approval to the capital cost-sharing agreement and an agreement outlining operational arrangements was not provided this date. Mr. Pizzuto advised that the Joint Venture Agreement sets out the parameters of operation whereby the Board and the City will be responsible for the maintenance and operational costs proportionate to the space utilized by each within the renovated facility. He added that further delay in making a final decision would place the City's portion of the project in jeopardy as the Board is ready to proceed to tender. Councillor B. Vrbanovic commented that the City has a long history of positive partnerships with the School Board and was of the opinion that an equitable arrangement would be reached. 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." A recorded voted was requested. In Favour: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, B. Vrbanovic, M. Galloway and C. Weylie. Contra: Councillor J. Gazzola Motion Carried. COUNCIL MINUTES MAY 17, 2004 - 190 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of May 10, 2004) be adopted." Council was in receipt of Community Services Department report CSD-04-095 (A. Grafstein), dated May 13, 2004, relative to Clause 6 of the Community Services Committee report of this date, dealing with staffing issues concerning programming run by the House of Friendship at the Kingsdale and Mowat-Chandler Community Centres. On motion by Councillor J. Smola, seconded by Councillor G. Lorentz, it was agreed to amend Clause 6 of the report by deleting the first paragraph and replacing it with the recommendation contained in report CSD-04-095, to approve a grant in the amount of $7,137. to the Kingsdale Neighbourhood Association to provide the House of Friendship with short- term funding to support the Kingsdale Community Program. The Community Services Committee report (meeting of May 10, 2004) was then voted on clause by clause. Clause 2 - Dealt with under Delegations and Carried. Clause 6 - Carried, as Amended. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Councillor B. Vrbanovic referred to Clause 2 of the report dealing with a noise exemption request by the Hope Lutheran Church and advised that the Church has requested that Clause 2 be amended to change the date of their event from June 18 to June 19, 2004. The Finance and Corporate Services Committee report was then voted on clause by clause. Clause 2 - Carried, as Amended. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Council was in receipt this date of Financial Services Department report FIN-04-025 (P. Houston), dated May 1, 2004, dealing with Letters of Intent to Lease and Sell Land (Chandler Drive), between the City and the Regional Municipality of Waterloo. It was noted that the report was referred to the meeting this date to allow staff to obtain further information with respect to the Region's intention concerning the parcel identified as 'A3'. Ms. P. Houston commented that on May 12, 2004 Regional Council inadvertently approved the recommendation as contained in the City's staff report FIN-04-025 without regard to Parcel 'A3'; however, she advised that Regional staff intend to bring forward an amendment to require inclusion of the parcel identified as 'A3' at a subsequent meeting to be held on May 18, 2004. Accordingly, she stated that it would be in order to proceed with approval based on the inclusion of the parcel. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That subject to inclusion of the parcel identified as 'A3', the terms and conditions outlined in the Letters of Intent to Lease and Sell Land (Chandler Drive), between the City of Kitchener COUNCIL MINUTES MAY 17, 2004 - 191 - CITY OF KITCHENER and the Regional Municipality of Waterloo, as detailed in Financial Services Department report FIN-04-025, be approved; and further, That the Mayor and Clerk be authorized to execute any documents with regard to the Letters of Intent, satisfactory to the City Solicitor." Carried. Council was in receipt this date of Financial Services Department report FIN-04-026 (P. Houston), dated May 13, 2004, outlining details of the consultation process to date respecting the 2004 Development Charge Background Study. Ms. P. Houston advised that the Development Charge Team has had several meetings with a stakeholders group, resulting in changes to the draft study. Population figures have been revisited with the Region of Waterloo, with City-wide 10-year growth projections being increased from 28,117 to 32,225, resulting in a 14% reduction to the rate. In addition, the methodology for hard services is being expanded from a 10-year planning horizon to 20 years; however, she pointed out that the industry is well aware that the City has a policy of not building development charge projects unless there is sufficient money in the reserve fund. The impact may be that some projects planned for the first 10-year period may be deferred to the second 10-year period based on project priorities established each year. Ms. Houston advised that a further report outlining options with respect to the issues involving development charge rates will come forward for consideration at the June 7, 2004 Finance and Corporate Services Committee meeting. In response to questions, Ms. Houston advised that options for a phased-in approach will form part of the report. Ms. Houston also agreed to provide a schedule showing development charge rates based on previous population figures and obtain information regarding the Region's intent with respect to reductions in Regional development charge rates. Councillor J. Gazzola raised concerns with respect to use of hand-held RIM units in the Council Chamber during Committee and Council meetings. Mayor C. Zehr commented that in some instances important information is relayed via these units that is pertinent to the discussion at hand; however, he agreed that members of Council should practice greater discretion in their use during meetings. At the request of G. Sosnoski, General Manager of Corporate Services & City Clerk, Council agreed to add two additional by-laws for three readings this date. The first relates to an amendment to Traffic By-law No. 2000-159 and the second relates to Clause 9 of the Community Services Committee report regarding establishment of the new Market. Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) Being a by-law to exempt certain lots from Part Lot Control - Block 30, Registered Plan 58M-286 - Max Becker Drive. (c) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (e) 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. (f) To confirm all actions and proceedings of the Council. (g) To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. MAY 17, 2004 COUNCIL MINUTES - 192 - CITY OF KITCHENER (h) Being a by-law establishing Your Kitchener Market. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "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. (f) (g) To confirm all actions and proceedings of the Council. (h) Being a by-law establishing Your Kitchener Market. (By-law No. 2004-96) To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2004-97) (By-law No. 2004-98) Moved by Councillor M. Galloway Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 1'4o. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2004-91) (b) Being a by-law to exempt certain lots from Part Lot Control - Block 30, Registered Plan 58M-286 - Max Becker Drive. (By-law No. 2004-92) (c) 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. 2004-93) (d) 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. 2004-94) (e) 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. 2004-95) MAY 17, 2004 COUNCIL MINUTES - 193 - CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:25 p.m. MAYOR CLERK COUNCIL MINUTES May 17, 2004 - 194 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE That parking be prohibited anytime on the west side of Stonybrook Drive from Westmount Road East to a point 26 metres south thereof, and that parking be prohibited anytime on the east side of Stonybrook Drive from Westmount Road East to Sweetbriar Drive; and further, That the Uniform Traffic By-law be amended accordingly. That on-street parking be prohibited at any time on the south/west side of Green Valley Drive from Pioneer Drive to the westerly intersection of Mill Park Drive; and further, That the Uniform Traffic By-law be amended accordingly. 3. That Council Receive DTS-04-072 for information; and further, That Report DTS-04-072 be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement between The City of Kitchener and the Regional Municipality of Waterloo Regarding Delegated Authority: That the City of Kitchener express its support for the Shade for Kids Program, sponsored by the Toyota / Evergreen Learning Grounds Foundation, and participate in the Shade for Kids Program Working Group. That the request submitted on behalf of Deerfield Homes Ltd. requesting an exemption from Council Policy 1-1035, Emergency Access and Multiple Unit Identification Policy in regards to the future development proposed on the properties legally described as Part Block 37, Registered Plan 1727, Part Lot 35, German Company Tract, Part 16, Plan 58R-10060 and Part Lot 35, German Company Tract, Parts 1 to 4, Plan 58R7814 (municipally known as 85 Bankside Drive), in the City of Kitchener, to allow a private road to be 227 metres in length from a public street without an emergency access, be approved, in accordance with the following provisions: That the site development have two driveway locations from a public street; That the on-site water supply shall consist of fire hydrants spaced every 150 metres throughout the site; and That the dwellings be equipped with the Direct-to-Fire Monitoring system. That M.T.E. Consultants Inc. - Kitchener, entered into an engineering agreement with the City of Kitchener to facilitate the removal/remediation of the existing soils that are believed to be impacted by coal tar within a 200 meter long corridor of the Joseph Street right of way, and possibly extending into the park entrance feature area; and, That due to the overall impact and potential for coal tar contamination in both the Joseph Street and Gaukel Street corridors, the sensitive nature of maintaining Grand River Transit access, and the considerable pre-engineering work already completed along the Gaukel Street and Joseph Street corridors, that M.T.E. Consultants Inc., be engaged as the prime engineering consultant to facilitate a seamless pre-design, public consultation and design and construction program, for the planned 2005 reconstruction of Gaukel Street, and Joseph Street from Queen Street to Water Street; and further, That staff of the DTS Engineering Division, Finance and Purchasing negotiate a suitable engineering fee with M.T.E. Consultants, Inc. for the provision of Engineering services for the reconstruction of Joseph Street, Queen Street to Water Street, and the streetscape enhancements on Gaukel Street to King Street. That development of an Urban Woodland Stewardship Program (UWSP) be supported, in principle, to actively involve the public and other partners in assisting to manage the City's woodlands and to create a forum where people can learn and experience nature within the City; and further, MAY 17, 2004 COUNCIL MINUTES - 195 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 7. (Cont'd) That Derek Lippert, and Claude Schneider (alternate), be appointed as the Environmental Committee's representatives to the UWSP Technical Working Committee, for a term to expire on November 30, 2004. That the City enter into a lease agreement with the Regional Municipality of Waterloo that would permit the construction and operation of an ambulance depot and use of one vehicle bay at Fire Station No. 3 at River Road and Ottawa Street, for an initial term of 20 years; and further, That the Mayor and Clerk be authorized to execute a lease agreement on terms satisfactory to the City Solicitor. That the following recommendation contained in Development & Technical Services Department report DTS-04-079, dated May 6, 2004, be deferred and referred to the June 14, 2004 Council meeting and in the interim, arrangements be made by City staff for the prospective purchaser of the subject lands to meet with area residents to address their concerns; and a report be submitted to Council outlining the proponents development history: That Zone Change Application ZC 04/07/F/CB, to change the zoning on the subject lands from Residential Eight Zone (R-8) with Special Regulation Provision 202R and Service Station Zone (C-7) with Special Regulation Provision 53R and Special Use Provision 81U to Commercial- Residential Three Zone (CR-3) with Special Use Provision 340U, on lands legally described as Plan 42 Part Lots 13 to 16 and 39, RP 58R-12359 Part 2, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated May 6, 2004, subject to the following condition: 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. (Dealt with under Delegations and Carried, as Amended) 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, 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. COMMUNITY SERVICES COMMITTEE (Meeting of May 10, 2004) - That approval be granted for the hours of operation and rate structure for City of Kitchener parking garages, as outlined in Community Services Department report CSD-04-090; and, That hourly/daily parking be provided in the Madison Avenue South surface lot (Lot #18), at a rate of $1.50 per hour/S6.00 per day, Monday to Saturday, 8:00 am to 6:00 pm, and 2 hours of free parking be offered as an incentive on Saturdays from 7:00 am to 3:00 pm; and further, That the Municipal Off-Street By-law be amended accordingly. MAY 17, 2004 COUNCIL MINUTES - 196 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of May 10, 2004) - (CONT'D) That Access Point #5 (in the area of Homer Watson Boulevard and Doon South Drive) of the Walter Bean Grand River Trail be named the 'Marguerite Ormston Trailway'. (Dealt with under Delegations and Carried) That the revised document 'Protocol and Procedures for Staff and Volunteers in Reporting Child Abuse and Neglect', as attached to Community Services Department report CSD-04- 087, be approved. That the Personal Attendant for Leisure (PAL) Cards from the mumcipalities of Guelph and Cambridge be recognized in City of Kitchener programs and services. That the request of the Kingsdale Neighbourhood Association asking that their annual operating grant be increased in 2004 by $37,220. to cover wages for a new staff position for the Kingsdale Community Program (House of Friendship), be deferred pending consideration of the Leisure Facilities Master Plan Study (LFMP) in June 2004. That a general provision grant in the amount of $7,137. be approved to the Kingsdale Neighbourhood Association to provide the House of Friendship with short term funding to support the Kingsdale Community Program; and further, That prior to a final decision being made regarding their request for additional funding, the financial statements of the Kingsdale Neighbourhood Association be provided to members of Council. (As Amended) That the Public Art Commission for the Victoria Park Entrance Feature be endorsed, as selected by the public jury in accordance with Council Policies 1-650 (% for Art) and 1-485 (Public Art), to begin immediately as a collaboration with Entrance Feature Project Landscape Architects and selected artist Ernest Daetwyler; and further, That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Ernest Daetwyler regarding the public art commission, conditions of delivery and acceptance of his commission proposal 'Luggage', as set out in Community Services Department report CSD-04-084. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor and as attached to Community Services Department report CSD-04-083, with Elite Athletes International Corporation to provide the service of Summer Soccer Camps to Kitchener Youth Soccer for the summer of 2004. That By-law No. 88-58, as amended, being a by-law to regulate the Kitchener Farmers' Market, and the contents of Chapter 255 (Facility - Kitchener Farmers' Market) of the City of Kitchener Municipal Code, be repealed; and further, That a by-law to establish 'Your Kitchener Market' be approved, as attached to Corporate Services Department report CRPS-04-086. FINANCE AND CORPORATE SERVICES COMMITTEE - That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Saints Peter and Paul Greek Orthodox Church, 527 Bridgeport Road, on June 12, 2004, from 10:00 a.m. to 12:00 midnight, for their annual Greek Food Festival. COUNCIL MINUTES MAY 17, 2004 - 197 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Hope Lutheran Church, 30 Shaftsbury Drive, on June 19, 2004, from 6:30 p.m. to 10:30 p.m., for an outdoor youth concert. (As Amended) That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to Patrick and Kimberly Cairney, to hold the 3rd Annual Tiuni Group Picnic, 44 Fairfield Avenue, on June 12, 2004, from 12 noon to 6:00 p.m., with a scheduled rain date of July 3, 2004. That Homeniuk Rides Inc. be granted permission to operate a Midway at the Optimist Sports Park, 120 Pioneer Drive, on June 3 - 6, 2004, subject to the following: Hours and Dates of Operation: Thursday, June 3 Friday, June 4 Saturday, June 5 Sunday, June 6 3:30 p.m. to 10:00 p.m. 3:30 p.m. to 11:00 p.m. 10:00 a.m. to 11:00 p.m. 12 noon to 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 9:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding a non- school day; and further, That the required licence shall be obtained prior to operating the Midway. That the grant request of the Business & Education Partnership of Waterloo Region for $5,000. be approved as part of the 2004 Operating Budget. That notwithstanding the Walper Terrace Hotel does not operate under a Place of Refreshment licence, that the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Walper Terrace Hotel, located at 1 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties to October 31,2004. That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of New York Pita Company, located at 82 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties to October 31,2004. That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Venezia - A Taste of Italy, located at 20 King Street East, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties to October 31,2004; and further, That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Matter of Taste, located at 119 King Street West, for the operation of a sidewalk patio for a period not to commence prior to execution of the Agreement by all parties to October 31,2004. 9. That Council Policy 1-710 be amended by replacing 1-710.2 and 1-710.3 with the following: That a 3% real estate commission fee shall be payable to a Real Estate Broker or Agent who is properly registered with the City of Kitchener for offers initiated by a broker or agent that MAY 17, 2004 COUNCIL MINUTES - 198 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 9. (Cont'd) result in a completed sale of city owned land located in a City Business Park and that the said commission fee shall be payable following the closing of the sale; and, That Council Policy 1-705 be deleted and replaced with the following: To be properly registered as an agent a Client Registration form must be completed in its entirety and signed prior to the submission of offers. Registration records are valid for a maximum of ninety (90) days from the date of registration, after which time the registration lapses. Agents may re-register following the same format. If a client changes agents during the registration period, the client must notify both the City and the registered agent in writing their decision to change agents. No new agent can be registered until the client provides the City with proof that the former agent has been notified. The City will notify the former agents in writing by registered mail; and further, That a new Council Policy be approved as follows: That the sale price of City owned lands that have an Industrial or Business Park zoning be priced at $125,000/acre with the following exceptions: a) Site 164 in the Huron Business Park. b) Sites where negotiations have taken place prior to the submission of this report. c) Sites zoned B-3. d) Sites located in the Lancaster Corporate Centre. 10. That Strategic Services Department report SSD-04-021 (Proposal for Victoria Park Boathouse) be accepted as information. 11. That a revision to Council Policy 1-325 Municipal Alcohol Policy - Special Occasion Permits to allow for the acquisition of Special Occasion Permits at Your New Kitchener Market be approved. 12. That the Tapestry Event (Silk Road Festival) to be held at the New Kitchener Market, 300 King Street East, on June 25, 2004, be designated an event of 'Municipal Significance', since it is a celebration of our multicultural diversity; and further, That Blues Brews and BBQ's to be held at the New Kitchener Market, 300 King Street East, on August 6 - 8, 2004, be declared a 'Community Festival' for the purpose of applying for a liquor licence. HERITAGE KITCHENER- That, subject to receiving all other necessary approvals, Heritage Permit Application HPA 2004- IV-004 (Walper Terrace - 1 King Street West) be approved, pursuant to Section 33 of the Ontario Heritage Act, to permit the relocation of two existing wood banner signs, and the installation of two new vinyl banner signs on the King Street and Queen Street elevations, subject to the following: a) that the banner signs approved in this application shall be as shown on the plans attached to the application; b) that the two new vinyl banner signs shall not exceed 5' in width and 20' in length, shall be 2 sided, and shall be placed in the same location as the existing wood banner signs; c) that the colours of the new banner signs shall be substantially the same colours as the existing banner signs; d) that the method of attaching the banner signs to the building facades shall not be invasive to the historic masonry, and the banner signs shall be capable of being removed in the future without causing permanent damage to the historic building fabric. MAY 17, 2004 COUNCIL MINUTES - 199 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." ADMINISTRATIVE REPORTS- 1. Declaration of Surplus Lands - Trillium Drive It was resolved: "That the City declare as surplus to its needs vacant land measuring 7 metres by 7 metres, fronting onto Trillium Drive in Kitchener and described as Part of Lot 7, Registrar's Compiled Plan 1471, being Part 1 on Plan 58R-13429; and further, That Legal Services be directed to transfer a permanent easement to Bell Canada to construct a walk-in cabinet to serve the nearby area for compensation to the City in the amount of $20,000 plus all related legal, survey and miscellaneous costs." 2. Enqineerinq Aqreement - Henry Sturm Greenway Desiqn Project It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Planning & Engineering Initiatives Ltd., regarding Henry Sturm Greenway XV (Stoltz Property) Design Project at their upset fee of $28,069. (including GST)." 3. Various Tenders Dealt with under Delegations. 4. Committee of Adjustment Decision Dealt with under Delegations. 5. K-W Multicultural Centre - 102-104 Kinq Street Dealt with under Delegations. 6. Request to Operate Barbecue - Forest Heiqhts Community Centre Council considered Corporate Services Department report CRPS-04-090 (R. Gosse), dated May 11, 2004, requesting direction concerning a staff request to operate a barbecue at the Forest Heights Community Centre. It was resolved: "That the request of the Forest Heights Community Centre, 1700 Queen's Blvd., to operate a refreshment vehicle on June 5, 2004 be approved, provided the necessary licence is obtained, including Health and Fire approvals." 7. Request to Operate Barbecue - Forest Hill Park Council considered Corporate Services Department report CRPS-04-091 (R. Gosse), dated May 11, 2004, requesting direction concerning a staff request to operate a barbecue at Forest Hill Park. COUNCIL MINUTES MAY 17, 2004 - 200 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Request to Operate Barbecue - Forest Hill Park - (Cont'd) It was resolved: "That the request of the Forest Hill Neighbourhood Association, 1700 Queen's Blvd., to operate a refreshment vehicle on June 12, 2004 be approved, provided the necessary licence is obtained, including Health and Fire approvals." 8. Applications for Cancellation, Refund, Reduction or Levy of Taxes Council considered Financial Services Department report FIN-04-027 (P. Houston / J. Evans), dated May 12, 2004. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 9. Amendment to Flaq Policy - Canadian Armed Forces Recoqnition Council considered Corporate Services Department report CRPS-04-092 (G. Sosnoski/ R. Gosse), dated April 29, 2004. Councillor G. Lorentz advised that a further report will be brought forward for consideration at a future meeting regarding a proposal to create a recognition feature, possibly at the Kitchener Memorial Auditorium Complex, in recognition of those serving in the Canadian Forces and on peacekeeping missions. It was resolved: "That Council Policy 1-30 (Flags) be replaced with the Flag Policy attached to Corporate Services Department report CRPS-04-092, dated April 29, 2004, in order to incorporate the flying of the Canadian Armed Forces flag on June 6 and to make administrative corrections to the existing policy." 10. Barrel Works Market Shops Inc. - Loan Guarantee for Two Retail Buildings at Kinq & Cedar Street and Kinq & Eb¥ Street Council considered Corporate Services Department report CRPS-04-93 (L. MacDonald), dated May 12, 2004. It was resolved: "That the Mayor and Clerk be authorized to execute the following documents: a Commitment Letter with Toronto-Dominion Bank and Barrel Works Market Shops Inc. as Guarantor, a Limited Guarantee for $2,150,000.00, Amendment to Multi-Party Agreement and such other documentation as may be required to give effect to the City's guarantee, all documents being on terms and conditions satisfactory to the City Solicitor." 11. Exemption to Chapter 450 (Noise) of the Municipal Code - Downtown Street Cleaninq Council was in receipt this date of Corporate Services Department report CRPS-04-095 (S. Turner), dated May 12, 2004, regarding the spring street cleaning program in the Downtown core. COUNCIL MINUTES MAY 17, 2004 - 201 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 11. Exemption to Chapter 450 (Noise) of the Municipal Code - Downtown Street Cleaninq - (Cont'd) It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to permit the Community Services Department, through an independent contractor, to undertake cleaning of the streets and sidewalks in the Downtown Core between the hours of 10 PM and 6 AM on various dates between May 17 and May 20, 2004." 12. Request to Operate Outdoor Food and Merchandise Vendors - Fire Fighters' Muster, Games & Parade (Doon Heritaqe Crossroads) Council was in receipt this date of Corporate Services Department report CRPS-04-096 (J. Koppeser), dated May 17, 2004, requesting permission for outdoor food and merchandise vendors to operate at the Fire Fighters' Muster, Games and Parade event. It was resolved: "That the request of Doon Heritage Crossroads to invite three food vendors and approximately five merchandise vendors to operate at the Fire Fighters' Muster, Games and Parade on May 29, 2004, at 10 Huron Road, be approved, providing the necessary licence is obtained, including Health and Fire; and further, That the reduced fee of $10. be applicable." 13. Agreement to Permit Borehole Testing - Vicinity of the Intersection of King Street East / Ottawa Street South and Charles Street East / Ottawa Street South Council was in receipt this date of Corporate Services Department report CRPS-04-098 (L. MacDonald), dated May 17, 2004, regarding the installation and ongoing monitoring of wells on City-owned lands. It was resolved: "That subject to staff's review confirming no municipal concerns, the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Suncor Energy Products Inc. to permit the installation of monitoring wells and the ongoing monitoring of said wells on City-owned property located near the intersection of King Street East and Ottawa Street South ,as well as the intersection of Charles Street East and Ottawa Street South." 14. Agreement to Permit Excavation and Remediation of a Portion of the Johnston Street Road Allowance Council was in receipt this date of Corporate Services Department report CPRS-04-097 (L. MacDonald), regarding environmental remediation to remove petroleum impacted soils from the Johnston Street road allowance. It was resolved: "That subject to staff's review confirming no municipal concerns, the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Ultramar Ltd. to permit the excavation and remediation of a portion of the Johnston Street road allowance, running more or less between 22 and 46 Johnston Street."