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HomeMy WebLinkAboutCouncil - 2005-01-31COUNCIL MINUTES JANUARY 31, 2005 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 Victoria Whiteman, King School of Vocal. On motion by Councillor M. Galloway, the minutes of the regular meeting held January 17, 2005 and special meetings held January 17 & 24, 2005, as mailed to the Mayor and Councillors, were accepted. 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. Mr. Gordon circulated a report requesting Council consider an additional tender, Expression of Interest E04-079, Consultant Services - Marketing Customer Services Strategy Committee, Strategic Services and Economic Development Department. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T04-075, Supply & Deliver Domestic Gas Meters, be awarded to Canadian Meter Company Inc., Cambridge, Ontario at their tendered price of $378,630., plus G.S.T. & P.S.T." - and - "That Expression of Interest E04-083, Consultant Services - Building Division Bill 124 Process Simulation and Design, be awarded to The Syntegrity Group, Toronto, Ontario at their estimated fee of $37,182.50, including G.S.T., subject to approval of the Building Division's 2005 Capital Budget." - and - "That Proposal P04-078, Natural Gas Appliance Financing Program, be awarded to the following Contractors for a one (1) year period, commencing January 2005 and terminating December 31, 2005, including an option to renew for two (2) additional twelve (12) month periods. Primary Contractor Status: Dunn Heating & Air Conditioning, Waterloo; Delta Air Systems Ltd., Waterloo; Bast Napoleon Home Comfort, Waterloo; Aire One Heating & Cooling, Kitchener; and Direct Energy Essential Home Services, Waterloo. Secondary Contractor Status: Corestar Mechanical Ltd., New Dundee; Reitzel Heating & Air Conditioning, Waterloo; Rob-Hart Mechanical Inc., Kitchener; Hy-Mark Mechanical Ltd., Guelph; Capital Plumbing & Heating (KW) Ltd., Kitchener; 4 Seasons Heating and Cooling, Waterloo; Delta Inc., Waterloo; Napoleon Home Comfort, Cambridge; Air Quality Home Comfort Inc., Cambridge; Richmond Heating & Air, St. Clements; Amber Heating & Sheet Metal Ltd., Waterloo; Colonial Air Inc., New Hamburg; Cronin-Emery, Waterloo; Boehmers Home Services, Waterloo; Conestogo Mechanical Inc., Kitchener; KW St. Clair Appliances, Kitchener; and The Woodburner, Kitchener." - and - "That Tender T04-065, Supply & Deliver Residential Water Heaters, be split awarded as follows: 40, 50 & 60 gallon conventional and 40, 50 & 75 gallon power vented heaters, to Rheem Canada Limited, Hamilton, Ontario, at their tendered price of $1,131,060., plus G.S.T. & P.S.T.; and, 75 gallon conventional, 60 gallon power vented, 50 gallon direct vented and 50 gallon high input power vented, to GSW Water Heating, Fergus, Ontario, at their tendered price of $256,085.85, plus G.S.T. & P.S.T." - and - COUNCIL MINUTES JANUARY 31, 2005 - 23 - CITY OF KITCHENER "That Expression of Interest E04-079, Consultant Services - Marketing - Customer Service Strategy Committee, Strategic Services and Economic Development Department, be awarded to Quarry Integrated Communications Inc., Waterloo at their estimated fee of $67,410., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Purchasing be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Ms. Janet England, Supervisor, Administration and Quality Assurance; Ms. Tanya Crawford, Supervisor, Administrative Operations; and Mr. Mike Henderson, Supervisor, Engineering Asset Management, presented details of events hosted by Engineering, Utilities, Transportation Planning and Community Services Operations Division during the 2004 National Public Works Week. The events raised $6,800. in charitable donations for the Children's Wish Foundation. The donation was then presented to Ms. Anne Boehm, Co-ordinator of the local chapter of the Children's Wish Foundation. Ms. Boehm thanked all those involved and advised that the funds raised give children diagnosed with life threatening illnesses an opportunity to experience the magic of a wish come true. Mayor C. Zehr extended congratulations on behalf of Council, City staff and the community, to Kitchener Rangers Head Coach, Peter DeBoer, and Captain, Mike Richards, for their part in Team Canada's first gold-medal win since 1997 at the 2005 World Junior Hockey Championships. The Championship Game was held on January 4, 2005 in Grand Forks, North Dakota. Mayor Zehr then presented a City of Kitchener jersey and a photographic book by Carl Hiebert, autographed by members of Council, to Mike Richards and Peter DeBoer, respectively. Messrs. DeBoer and Richards thanked members of Council, expressing honour in receiving recognition and the gifts presented. Mr. Denis Pellerin and members of the Board of the Available Space Art Project (ASAP), presented Council this date with copies of their recently published 'Waterloo Region Art Guide (WRAG)'. Mr. Pellerin advised that since launching ASAP in May 2004, the Project has successfully gained acceptance as a venue to showcase artwork of local artists by using existing businesses and / vacant space in the Downtown. The Guide is intended to promote ASAP installations, as well as other arts and culture projects, through Region-wide distribution, and sale of advertising has enabled the Guide to become self-funded. Mr. Vaughn Bender, Max Becker Enterprises Limited, attended in support of Item B.4ii) of the Committee of the Whole agenda of this date, dealing with a Committee of Adjustment decision to approve sign variance application SG 2005-002 (Max Becker Enterprises Limited - 1187 Fischer- Hallman Road). Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the application of Max Becker Enterpnses Limited (SG 2005-002 - 1187 Fischer-Hallman Road) requesting permission to erect a pylon sign having a height of 8 m (26.24 ft.) rather than the permitted 7.5 m (24.6 ft.), a sign face area of 22 m2 (72.17 sq. ft.) rather than the permitted 20 m2 (215.28 sq. ft.) and a closed sign base obstruction of 1.3 m (4.2 ft.) in height within the required 2.4 m (7.87 ft.) sign clearance from the ground, on Block 1, Registered Plan 58M-307, 1187 Fischer-Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to the sign generally as shown on the plans submitted with this application provided the sign is setback a minimum of 0.4 m from the property line." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Carried. COUNCIL MINUTES JANUARY 31, 2005 - 24 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of January 24, 2005) be adopted." Councillor G. Lorentz advised that Clauses 4 to 8 inclusive, dealing with various grant requests, were redundant as they had been considered at the January 31, 2005 special Finance and Corporate Services Committee meeting held earlier this date. Accordingly, they were not considered. At the request of Councillor J. Gazzola, Mr. F. Pizzuto, General Manager of Community Services, commented on Market initiatives referred to in Clause 10 of the report. It was noted that the Farmers' Market component is operating at 100% capacity and the Market Shops have 16 of the 20 stalls leased. The retail components owned by Barrel Works are at 30% occupancy and a model suite for the residential component will be available for viewing by the end of February. In addition, new initiatives are planned to improve future operations of the Market, including: creation of a Market Operating Leadership Group; hiring of a retail / hospitality expert to conduct a review of Market operations; and, review of various management models to provide a range of options in considering future operation of the Market. Councillor J. Gazzola asked that staff provide a summary of capital costs, the balance in the capital contingency account and financial statements for the first seven months of operation, relative to the Market. The report of the Community Services Committee (meeting of January 24, 2005) was then voted on clause by clause. Clauses 4 to 8, inclusive Recommendations redundant and not considered as they were dealt with at the January 31, 2005 special Finance and Corporate Services Committee meeting. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of January 25, 2005) 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." With regard to Clause 3 of the report concerning adoption of Council Policy 11-117 (Employee Computer Purchase Plan), Councillor J. Gazzola questioned the effective date of April 1, 2005 as opposed to immediate implementation (February 1, 2005). He added that he would not support the motion as in his opinion, City staff should be required to pay a nominal rate of interest for monies borrowed against the plan. At the request of Councillor B. Vrbanovic, it was agreed to amend Clause 3 of the report to provide an effective date of February 1, 2005 pending a report to the February 7, 2005 Finance and Corporate Services Committee meeting as to the rationale for an effective date of April 1,2005. The report of the Finance and Corporate Services Committee was then voted on clause by clause. Clause 3 - Carried, as Amended. Balance of report - Carried. At the request of Councillors B. Vrbanovic and G. Lorentz, direction was given to Development & Technical Services staff to ensure that the Regional Environmental Assessment Study for the Fairway Road Extension, (Zeller Drive in Kitchener to Fountain Street in Cambridge), is brought forward to an COUNCIL MINUTES JANUARY 31, 2005 - 25 - CITY OF KITCHENER appropriate meeting of the Development & Technical Services Committee to coincide with the Region's timeline for receiving municipal comment relative to a preferred alignment. Councillor B. Vrbanovic suggested that in light of recent discussions concerning potential sale of the Liquor Control Board of Ontario (LCBO), Council may wish to consider re-affirming a previous position taken in opposition to a similar proposal. He asked that staff provide any information pertaining to previous decisions of Council relative to this matter for consideration at a future meeting of the Finance and Corporate Services Committee. Mayor C. Zehr then commented on Regional issues, advising that the Region will formally assume authority for water distribution and wastewater collection systems in the Townships of North Dumfries and Wellesley. In addition, he noted that the Region's 2005 Budget was approved with a total increase of 3.88 % (1.82 % for Regional services and 2.06% for Police services). At the request of Councillor G. Lorentz, Mayor C. Zehr also commented on Regional transit special area rates. He noted that since forming the Grand River Transit (GRT) in 2000, the intent was to provide a common level of transit service within the urban areas of the Region within five years. Mayor C. Zehr advised that service levels have now equalized and accordingly, a uniform urban rate for GRT services provided to Cambridge, Kitchener and Waterloo has been approved and will be effective in 2005. As a result, Kitchener will receive a significant reduction in its portion of the Regional tax levy relative to transit area rates. In reference to a by-law listed on the agenda for three readings this date as Items 9 f) and 12 f), regarding an amendment to the City's Municipal Code in respect to appointment of staff, Acting Fire Chief Don Trask introduced Tim Beckett, who was recently appointed as a Deputy Fire Chief. At the request of Mr. R. Gosse, Deputy City Clerk, Council agreed to add a zoning amending by-law to the agenda for three readings this date relative to Clause 5 of the Development & Technical Services Committee report, dealing with Zone Change Application ZC 02/30/F/DR (Kieswetter / Hoekstra, 1201 and 1193 Fischer-Hallman Road). Moved by Councillor J. Smola 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. 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 provide for a 2005 Interim Tax Levy and for the payment of 2005 Interim Taxes. (c) Being a by-law to authorize borrowing for current expenditures in 2005. (d) Being a by-law to amend By-law 2004-269 which amends Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. (f) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (g) Being a by-law to exempt certain lots from Part Lot Control - Block 125, Registered Plan 58M-299 - Bridleridge Street. (h) To confirm all actions and proceedings of the Council. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hoekstra & Kieswetter - Fischer-Hallman Road. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. COUNCIL MINUTES JANUARY 31, 2005 - 26 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor M. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "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 J. Smola Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) 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. (By-law No. 2005-12) Being a by-law to provide for a 2005 Interim Tax Levy and for the payment of 2005 Interim Taxes. (By-law No. 2005-13) Being a by-law to authorize borrowing for current expenditures in 2005. (By-law No. 2005-14) Being a by-law to amend By-law 2004-269 which amends Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (By-law No. 2005-15) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code with respect to By-law Enforcement. (By-law No. 2005-16) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2005-17) Being a by-law to exempt certain lots from Part Lot Control - Block 125, Registered Plan 58M-299 - Bridleridge Street. (By-law No. 2005-18) To confirm all actions and proceedings of the Council. (By-law No. 2005-19) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hoekstra & Kieswetter - Fischer-Hallman Road. (By-law No. 2005-20) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. JANUARY 31, 2005 COUNCIL MINUTES - 27 - CITY OF KITCHENER On motion, the meeting adjourned at 8:05 p.m. MAYOR CLERK COUNCIL MINUTES JANUARY 31, 2005 - 28 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That the Ministry of Transportation and its contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the reconstruction and widening of Highway 8 in the City of Kitchener. The request for the noise by-law exemption is between the hours of 7:00 p.m. to 7:00 a.m. for the period from April 1,2005 to November 30, 2006. That parking be permitted for a maximum period of two (2) consecutive hours on the south side of Belmont Avenue from Rock Avenue to a point 50 metres east of Union Boulevard; and, That parking be permitted for a maximum period of two (2) consecutive hours on the north side of Belmont Avenue from a point 100 metres west of Glasgow Avenue to a point 59 metres west thereof; and, That parking be permitted for a maximum period of two (2) consecutive hours on the north side of Belmont Avenue from a point 97 metres east of Union Boulevard to a point 46 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. That the Manager of Design and Development be authorised to grant exemptions to the provisions of Section 51 and 51.1 of the Planning Act as contemplated by Section 9 of the Condominium Act, 1998; and, That By-law 2004-269 (Tariff of Fees) be amended to establish a new application and fee of $500.00 for a Request for Exemption of Draft Plan of Condominium Approval; and further, That a new Council Policy, to establish a process to use Part Lot Control Exemption By-laws to create Parcels of Tied Land for a Common Elements Condominium, be adopted as follows: POLICY CONTENT Where lands are located within a registered plan of subdivision, the creation of Parcels of Tied Land (POTL's) for residential development related to a proposed Common Elements Condominium may be created through an application for Part Lot Control Exemption. This process is intended for small scale residential developments where the lands have been registered as a Block within a Plan of Subdivision and where Site Plan Approval is required. Where an application for Part Lot Control Exemption is received, the City Solicitor shall prepare the necessary Part Lot Control Exemption By-law; and shall advise the General Manager of Corporate Services and City Clerk of its particulars for Council Agenda, upon receiving direction from the City's Development and Technical Services Department that the application is acceptable and the following prior conditions have been met: a) final approval of a zone change application has been received, if necessary for the form of development proposed; b) a Site Plan has been approved for the development and a Section 41 Development Agreement has been registered on title; c) final approval of a draft plan of condominium has been received and any conditions of approval have been fulfilled or alternatively an exemption has been granted pursuant to Section 9 of the Condominium Act. If considered appropriate by the Manager of Design and Development, an application for draft plan of condominium may have a reduced circulation period of 10 days and only be circulated to internal departments and to the Regional Municipality of Waterloo for comment. Additional agencies may be included in the circulation at the discretion of the Manager of Design and Development; COUNCIL MINUTES JANUARY 31, 2005 - 29 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 3. (Cont'd) d) the project solicitors have provided their unqualified certification that the proposed declaration for the proposed Common Elements Condominium has been approved by the Registry Office and all signatures and certification required to permit its registration have been included therein; e) the project surveyors have provided their unqualified certification that the proposed description plans for the proposed Common Elements Condominium have been approved by the Registry Office and all signatures and certifications required to permit its registration have been included thereon, other than on the behalf of the City of Kitchener; f) the City of Kitchener has been provided with the deposited reference plan that will describe the proposed Parcels of Tied Land and that said reference plan reflects the approved Site Plan and engineering drawings; g) a certificate has been received by the City of Kitchener from an Ontario Land Surveyor confirming that all proposed foundation walls for the site have been constructed and that the boundaries of the parts of the deposited reference plan insofar as the same relate to dividing one proposed Parcel of Tied Land from another within the confines of the building envelope lie on or within the actual part wall foundation wall so as to ensure that no part of any proposed Parcel of Tied Land lies beyond a party wall foundation wall, or the deposited reference plan describing the Parcels of Tied lands must show the location of the foundation walls to the satisfaction of the City of Kitchener; h) confirmation that any other agreements required in the conditions of Site Plan Approval or conditions of Draft Plan of Condominium which apply to the lands are not in default; and; i) that an irrevocable undertaking, irrevocably authorised by the proposed Declarant, has been obtained from the proposed Declarant's solicitor and surveyor to register the declaration and description plans for the proposed Plan of Condominium forthwith upon: i) the passage and registration of the Part-Lot Control Exemption By-law; and ii) signing of the description plan approval or exemption box on the description plans by the City of Kitchener; and, that the proposed Declarant undertakes to the City of Kitchener that there shall be no conveyance of the Parcels of Tied Land until such time as the Plan of Condominium description and declaration have been registered on title. The City of Kitchener may withhold registration of the Part Lot Control Exemption Bylaw pending the City of Kitchener solicitor making escrow arrangements with the solicitor for the proposed Declarant that are satisfactory to the City of Kitchener solicitor to ensure the proposed declaration is registered immediately following the registration of the Part Lot Control Exemption Bylaw. That an onsite parkette and play structure having a value of $80,000.00 be accepted in lieu of the required 5% cash-in-lieu contribution to park dedication of $52,950.00 for the property municipally known as 265 Lawrence Ave, as per the written request from GSP Group on behalf of Cook Homes Inc. with the following condition: That the owner enter into an Agreement with the City of Kitchener to construct and maintain in perpetuity an onsite parkette and play structure having a value of $80,000.00 to the satisfaction of the Manager of Design and Development in consultation with the Manager of Park Planning, Development and Operations. COUNCIL MINUTES JANUARY 31, 2005 - 30 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) That Zone Change Application ZC 02/30/F/DR (Kieswetter/Hoekstra) to change the zoning on the subject lands from Agricultural Zone (A-l) to Convenience Commercial Zone (C-1) with Special Use Provision 321U and Holding Zone Regulation 49H on lands legally described as Lot 3 Registrars Compiled Plan 1470 municipally known as 1201 Fischer Hallman Road, and from Agricultural Zone (A-l) to Convenience Commercial Zone (C-1) with Special Use Provision 321U on lands legally described as Lot 4 Registrars Compiled Plan 1470 municipally known as 1193 Fischer Hallman Road, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated January 24, 2005, attached to Development and Technical Services Department report DTS-04-199. COMMUNITY SERVICES COMMITTEE (Meeting of January 24, 2005) - That the Mayor and Clerk be authorized to execute a lease, satisfactory to the City Solicitor, with Ontario Seed Company Limited for the purpose of providing public parking at 68 Victoria Street South for a term commencing January 1,2005 to expire December 31,2009. That Mr. Dennis Schnarr be appointed Co-Chair of the Safe & Healthy Community Advisory Committee for a term expiring November 30, 2005. That the request of the 'Downtown East: Ya Gotta Luv It' Project (Year 2) for a $25,000. Community Development Infrastructure grant in 2005, be deferred and referred to a future meeting of the Community Services Committee, pending completion of the Project's Strategic Plan and an Ontario Trillium Foundation Grant Program evaluation; and further, That following receipt of the requested supporting documentation, staff report to the Committee with a recommended course of action. That the request of the K-W Performing Arts Association / Theatre & Company to increase their 2005 annual operating grant to $54,200. ($50,000. cash and $4,200. in-kind) from $6,500. ($2,500. cash and $4,000 in-kind), be deferred and referred to the January 31, 2005 Council Budget meeting; and further, That staff negotiate with the Association for provision of an appropriate method to acknowledge the City's funding contributions. (Recommendation redundant and not considered as it was dealt with at the January 31, 2005 special Finance and Corporate Services Committee meeting.) That the request of the Homer Watson House and Gallery to increase their 2005 annual operating grant to $132,000. from $106,212., be deferred and referred to the January 31,2005 Council Budget meeting. (Recommendation redundant and not considered as it was dealt with at the January 31, 2005 special Finance and Corporate Services Committee meeting.) That the request of the Kitchener-Waterloo Symphony Orchestra to increase their 2005 annual operating grant to $161,337. from $146,670., be deferred and referred to the January 31,2005 Council Budget meeting. (Recommendation redundant and not considered as it was dealt with at the January 31, 2005 special Finance and Corporate Services Committee meeting.) COUNCIL MINUTES JANUARY 31, 2005 - 31 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of January 24, 2005) - (Cont'd) That the request of the Kitchener Horticultural Society to increase their 2005 annual operating grant to $165,493. from $158,791., be deferred and referred to the January 31, 2005 Council Budget meeting. (Recommendation redundant and not considered as it was dealt with at the January 31, 2005 special Finance and Corporate Services Committee meeting.) That the request of the Kitchener Blues Community Inc. for a 2005 annual operating grant of $10,200. ($5,100. cash and $5,100. in-kind) and a one-time contribution in 2005 of $14,800. ($7,400. cash and $7,400. in-kind) to support event growth, for the Blues, Brews and BBQ's Festival, be deferred and referred to the January 31,2005 Council Budget meeting. (Recommendation redundant and not considered as it was dealt with at the January 31, 2005 special Finance and Corporate Services Committee meeting.) That the City of Kitchener, in partnership with the K-W Sports Council, register a team of up to 20 athletes and 5 officials to participate in the 2005 International Children's Games in Coventry, England, and that the City contribute up to $4,000. in support of the team. 10. That the Kitchener Market initiatives outlined in Community Services Department report CSD- 05-023, be approved. COMMUNITY SERVICES COMMITTEE (Meeting of January 25, 2005) - That the Draft Leisure Facilities Master Plan, dated January 2005, as prepared by F.J. Galloway Management and Planning Consultants in conjunction with the GSP Group, Insights and TSH Engineers, be received; and, That the Draft Leisure Facilities Master Plan be referred to the Community Services Department for review, comment and assessment; and further, That the Community Services Department report to the Community Services Committee with its recommendations by August 30, 2005. FINANCE AND CORPORATE SERVICES COMMITTEE - That Council Policy 1-90 (Terms of Reference for the Downtown Advisory Committee) be amended by changing the procedure of reporting to Council through the Finance and Corporate Services Committee rather than the Development and Technical Services Committee. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from April 21 to May 1,2005, subject to the following: Hours of operation; and, Date Start Close Thursday, April 21 3:30 pm 10:00 pm Friday, April 22 Saturday, Apriil 23 Sunday, April 24 Monday, April 25 to Thurs. April 28 Friday, April 29 Saturday, April 30 Sunday, May 1 3:30 pm 11:00 pm 10:00 am 11:00 pm Noon 10:00 pm 3:30 pm 10:00 pm 3:30 pm 11:00 pm 10:00 am 11:00 pm Noon 9:00 pm JANUARY 31, 2005 COUNCIL MINUTES - 32 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. CITY OF KITCHENER (Cont'd) That the music at the Midway be turned down at 8:00 p.m. excepting those evenings preceding a school day when it shall be turned off at 8:00 p.m.; and, That the music be turned off one hour before closing time on the evenings preceding a non- school day; and That parking arrangements be reviewed with Transportation Planning staff to ensure adequate off-street parking will be provided; and further, That the required licence be obtained prior to operating the Midway. That Policy 11-117 Employee Computer Purchase Plan (dated January 31, 2005) be adopted as a Council Policy effective February 1, 2005, pending a report to the February 7, 2005 Finance and Corporate Services Committee meeting as to the rationale for an effective date of April 1,2005. (As Amended) That the City of Kitchener accepts the transfer of land designated as Parts 13 and 16 on Reference Plan 58R-12055 from the Ministry of Transportation at no cost to the City provided the documentation to effect the transfer is to the satisfaction of the City Solicitor. That the request of Randy Zivkovic, owner of the Taj Mahal Adult Entertainment Parlour, to relocate his Class D Adult Entertainment Parlour from 8-808 Courtland Avenue East to 37 Bruce Street, be denied, as the request does not meet all of the requirements of By-law 2004- 271. That the parcel of land municipally known as 103 Kilkerran Crescent, previously described as part of Blocks 131 and 132 of Registered Plan 1640 in the City of Kitchener, more particularly described as Parts 1, 2 and 3 on draft reference plan dated November 12, 2003 prepared by McKechnie Surveying Limited be declared surplus for the purposes set out below; and, That Legal Services be directed to transfer said Parts 1 and 2 to the Regional Municipality of Waterloo for the continued operation of Well K-36 located on the lands, at market value, plus incidental costs associated with this transaction; and further, That Legal Services be directed to convey an easement over said Part 3 to the Regional Municipality of Waterloo for vehicle access to Part 1. That the 'Accessibility Plan' dated January 13, 2005 attached to the Community Services Department Report CSD 05-018 be adopted as the Annual Accessibility Plan 2005 for the City of Kitchener in accordance with the Ontarians with Disabilities Act, 2001; and further, That should the City of Waterloo, The Township of Woolwich, The Township of Wellesley and the Township of North Dumfries adopt the said Accessibility Plan, the Plan shall be a 'Joint Accessibility Plan' with the participating municipalities pursuant to Section 17(3) of the Ontarians with Disabilities Act (ODA, 2001). That staff accept the province's invitation to make oral and/or written presentation to the provincial Standing Committee on Bill 118, Accessibility for Ontarians with Disabilities Act. COUNCIL MINUTES JANUARY 31, 2005 - 33 - 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. Do.q Designation Appeal Committee Decision It was resolved: "That the January 10, 2005 decision of the Dog Designation Appeal Committee regarding an extension of time requested by Steve Power and Cassandra Massong be granted." 2. Agreement - Borehole Testinq - Clemens Lane It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with Arrow Lofts Inc. (owner of 112 Benton Ave) to permit drilling of boreholes and the installation of monitoring wells in the adjacent City road allowances, known as Clemens Lane located near 112 Benton Avenue." 3. Various Tenders Dealt with under Delegations. 4. Committee of Adjustment Decisions - Various Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held January 11, 2005. Item 4 ii) regarding SG 2005-002 (Max Becker Enterprises Limited, 1187 Fischer-Hallman Road) was dealt with under Delegations. It was resolved: "That the application of New Apostolic Church Canada (SG 2005-001 - 160 Margaret Avenue) requesting legalization of an existing ground sign with automatic changing copy located 24 m (78.74 ft.) from a residential zone rather than the required 150 m (492.12 ft.), 14 m (45.93 ft.) from an intersection rather than the required 23 m (75.45 ft.), and having a height of 2.26 m (7.41 ft.) rather than the permitted 1.5 m (4.92 ft.) on Lots 518-521 & Part Lots 515-517 & 522-526, Plan 376, and Part Lot 38, Streets & Lanes, 160 Margaret Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the electronic automatic changing copy portion of the sign shall be limited to an area of 0.33 sq. m and a height of 0.3 m and the sign shall be constructed generally in accordance with the plans submitted with this application." 5. Encroachment Aqreement - 64 Benton Street Council considered Corporate Services Department report CRPS-05-019 (J. Sheryer), dated January 19, 2005. Councillor J. Gazzola questioned consideration of this request as direction had been given to staff to undertake a comprehensive review of Council's policy and procedures regarding encroachments. Ms. L. MacDonald, City Solicitor, advised that this request is COUNCIL MINUTES JANUARY 31, 2005 - 34 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Encroachment Aqreement - 64 Benton Street (Cont'd) different from the type of encroachments under review, in that, part of a property is being lost at no fault of the property owner to accommodate a road widening. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner of Part Lots 10 to 15, Registered Plan 394 designated as Parts 1 and 2 on Reference Plan 58R-14389, municipally known as 64 Benton St., to legalize the existing encroachment of landscaping and servicing access pits onto City property."