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HomeMy WebLinkAboutCouncil - 2005-11-28 COUNCIL MINUTES NOVEMBER 28, 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 "0 Canada" by Ryan Neceski, Ontario Conservatory of Music. On motion by Councillor G. Lorentz, the minutes of the regular meeting held November 7, 2005 and special meetings held November 7 & 21, 2005, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letters dated November 14 & 15, 2005 from Ms. E. Witmer, MPP, Kitchener-Waterloo, concerning Council's resolutions relating to exemptions to the Building Code Statute Law Amendment Act and objection to Bill 123 - Transparency in Public Matters Act. (b) Letter dated November 14, 2005 from Hon. John McCallum, Minister Responsible for Canada Post Corporation concerning Council's resolution requesting postage-free mail for the K-W Poppy Fund 2005 campaign. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T05-047, Fleet Tires & Related Services, be awarded to Bast Tire & Auto Service, Waterloo, at their corrected tendered price of $164,662.83, including G.S.T. & P.S.T." - and - "That Tender T05-078, Printing of City of Kitchener Leisure Magazine, be awarded to CanWeb Printing Inc., Grimsby, Ontario, at their tendered price of $111,136., including G.S.T. & P.S.T., with an option to renew for an additional one (1) year period, based on budget availability." - and - "That Tender T05-081, Snow Clearing & Removal Services - City Parking Facilities, be awarded as follows: · Area #1 - Humphries Group of Comp., Kitchener, Ontario, at their tendered price of $2,791.97, excluding G.S.T. & P.S.T. (cost to clear and remove per call out) · Area #2 - McLennan Landscaping Inc., Kitchener, Ontario, at their tendered price of $2,755., excluding G.S.T. & P.S.T. (cost to clear and remove per call out) with an option to renew for the two (2) subsequent snow seasons 2006/2007 and 2007/2008." - and - "That Proposal P05-083, Chain Link Fencing, Silt Fencing & Related Accessories, be awarded to Town & Country Fencing - 1077860 Ont. Inc., Ariss, Ontario at their unit prices for one (1) year, with an option to renew for two (2) additional one-year terms with an estimated value of this contract of approximately $35,000. per year, plus G.S.T." Carried. Ms. K. Weiss, Manager of Business Development, announced that the City of Kitchener received three awards given by the Economic Developers Association of Canada at its annual conference held September 28 - October 1, 2005 in Edmonton, Alberta. Awards were given to the Communications Division for: Built Form Review (Advertising / Research); Downtown Kitchener Student Housing Program (Brochure); and Playground of the New Economy (Print Ad). COUNCIL MINUTES NOVEMBER 28, 2005 - 340 - CITY OF KITCHENER Mr. P. Britton, MHBC Planning Limited, attended on behalf of his client, Hallman Construction Limited, in support of Clause 1 of the Development & Technical Services Committee report of this date, dealing with approvals for Plan of Subdivision 30T-03203, Municipal Plan Amendment MP 03/03/G/DR and Zone Change Application ZC 03/20/G/DR. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 1 of the Development & Technical Services Committee report of this date be adopted." Carried. Council was in receipt this date of Community Services Department report CSD-05-158 (C. Sadeler), dated November 25, 2005, relative to Clauses 5 and 6 of the Community Services Committee report of this date. The report recommends an immediate allocation of $70,000. for the Kingsdale Community Centre to address health and safety concerns; as well as allocations of funding within the 2006 Capital Budget for a Business Plan and Expansion Envelope for the Centre. The report also requests that all capital expansion options attached to the report be referred to staff for further investigation. Ms. N. Smith, Co-Chair, Kingsdale Neighbourhood Association, spoke in favour of the $70,000. allocation to address the immediate needs of the Kingsdale Community Centre. She pointed out that the Centre understands the complexities associated with expansion plans but emphasized the Centre's need to increase space requirements to enable continued service to the community. Councillor G. Lorentz commented on the need to fully understand implications associated with food distribution by the Food Bank of Waterloo Region and disposition of the portables located at the Mowat-Chandler Community Centre (ie. pros and cons of selling or re-using the portables). Councillor J. Gazzola suggested that staff investigate these issues more fully as part of the proposed business case and bring back recommendations for consideration. At the request of Mayor C. Zehr, staff agreed to ensure that the repairs needed immediately to address health and safety concerns at the Kingsdale Community Centre are given high priority. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Clause 5 of the Community Services Committee report of this date be adopted, as amended, by replacing the motion with the staff recommendation contained in Community Services Department report CSD-05-158 (C. Sadeler), approving an immediate allocation of funding to address health and safety concerns at the Kingsdale Community Centre, referral of other allocations of funding to the 2006 Capital Budget process and referral of all capital expansion options to staff for further investigation." Carried Unanimously. Clause 6 of the Community Services Committee report of this date was declared redundant as a result of the above resolution. Council was in receipt of the following reports regarding Clauses 1 and 2 of the Heritage Kitchener report (meeting of October 4, 2005), dealing with a request to take interim measures to prevent further deterioration and water damage at the Forsyth Building (31 Young Street) and to add certain properties located on the Centre Block site to the City's Heritage Inventory: · Chief Administrator's Office report CAO-05-048 (R. Regier), dated November 15, 2005, recommending deferral of a decision on the Forsyth building repairs pending receipt of an Environmental Assessment Phase 2 report to be presented to the Centre Block Steering Committee in late February, 2006; · Corporate Services Department report CRPS-05-177 (L. Proulx), dated November 23, 2005, outlining associated costs and implications of undertaking the requested interim measures to repair the Forsyth Building; and, COUNCIL MINUTES NOVEMBER 28, 2005 - 341 - CITY OF KITCHENER · Development & Technical Services Department report DTS-05-199 (L. Bensason), dated November 22, 2005 recommending deferral of the request to add to the Heritage Inventory certain privately owned properties located in the Centre Block, pending notification to property owners for the purpose of obtaining comment; re-affirmation of City-owned properties currently listed on the Inventory; and the addition of City-owned 11 Young Street (Mayfair Hotel) to the Inventory. Ms. C. Ladd, Chief Administrator, introduced the reports asking that Council support deferral of all reports pending receipt of the Environmental Assessment report to allow a decision to be made in context of all pertinent information on the Centre Block. Mr. Herbert Whitney, President, Architectural Conservancy of Ontario - North Waterloo Region Branch, spoke in favour of repairing and protecting the Forsyth Building, asking that Council consider the historical and architectural value of the property, and be open and honest in communicating evaluation and associated costing of the Centre Block project. Mr. Zyg Janecki, Co-Chair of Heritage Kitchener, advised that he was reluctant to accept deferral of Heritage Kitchener's recommendations as it would further delay interim measures from being taken to protect the Forsyth Building. He pointed out that staff estimate $20,000. for remedial work to address 95% of the water leakage and an additional $10,000. to install a rudimentary fire alarm system. He commented that given the building is at a critical stage, approval to commence the remedial work totaling $30,000. would provide the building with at least a fighting chance to survive, while leaving the City's options open as to final disposition of the building. Regional Councillor J. Haalboom spoke on behalf of the Regional Heritage Planning Advisory Committee (RHPAC), expressing support for Heritage Kitchener's recommendation to take immediate steps to preserve and protect the Forsyth Building. In response to questions, Councillor Haalboom advised that she would undertake to have dialogue with regard to potential funding for the Forsyth Building at the Regional level and volunteered RHPAC's assistance to work with Heritage Kitchener to pursue grant funding from upper levels of government. In response to questions, Mr. L. Proulx advised that remedial work could begin immediately on the Forsyth Building and regardless of the decision made this date, steps would have to be taken to address masonry cracks in the Young Street fac;;ade for reasons of public safety. It was noted that redevelopment of the building will present a costly challenge for developers; however, Mr. Proulx advised that some have indicated a willingness to consider retaining portions of the outer fac;;ade. In regard to funding the remedial work, Ms. C. Ladd advised that the $30,000. could be funded from the Economic Development Investment Fund. It was also suggested that where possible, City work forces be used to complete the work. On motion by Councillor M. Galloway, seconded by Councillor C. Weylie, Clause 1 of the Heritage Kitchener (meeting of October 4, 2005), dealing with interim measures to protect the Forsyth Building from further deterioration and water damage, was brought forward for consideration. At the request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, it was agreed to amend Clause 1 by removing the phrase 'and report back to Heritage Kitchener on their proposed measures' from the end of the motion, in light of the report presented by Mr. Proulx this date which outlines the measures to be taken. At the request of Councillor B. Vrbanovic, it was agreed to further amend Clause 1 to require capping of the costs of remedial work at $30,000.; funding for the remedial work to be taken from the Economic Development Investment Fund; and where possible, City staff be utilized to complete the remedial work. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That Clause 1 of the Heritage Kitchener report (meeting of October 4, 2005) be adopted, as amended to remove reference to a report back to Heritage Kitchener; and to require capping the cost of work at $30,000., to be funded from the Economic Development Investment Fund and where possible, City staff undertake the work." Carried Unanimously on a recorded vote. COUNCIL MINUTES NOVEMBER 28, 2005 - 342 - CITY OF KITCHENER On motion by Councillor M. Galloway, seconded by Councillor C. Weylie, Clause 2 of the Heritage Kitchener report (meeting of October 4, 2005), dealing with a request to add certain properties located on the Centre Block to the City's Heritage Inventory, was brought forward for consideration. Mr. L. Bensason provided clarification of the recommendations contained in his report (DTS-05-199), advising that he is firstly requesting deferral to February, 2006 of the request to add to the Heritage Inventory any privately-owned properties not currently listed, pending notification to property owners. Secondly, he is requesting Council reaffirm City-owned properties currently listed on the Inventory and that the City's property at 11 Young Street (Mayfair Hotel) be added to the Inventory. In response to questions, Mr. Bensason advised that he had no concerns with deferring all recommendations in report DTS-05-199 to February, 2006; however, he advised that he hoped a decision on City-owned properties located in the Centre Block would be made by that time or prior to any Request for Proposal being called for on the site. On motion by Councillor J. Smola, seconded by Councillor G. Lorentz, it was agreed to amend Clause 2 by replacing the motion with a motion to defer and refer the staff recommendations contained in Development & Technical Services Committee report DTS-05-199 (L. Bensason) to a future meeting of Council, pending receipt of the Environmental Assessment Phase 2 report on the Centre Block. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That Clause 2 of the Heritage Kitchener report (meeting of October 4, 2005) be adopted, as amended to replace the motion with a motion to defer and refer staff recommendations in report DTS-05-199 to a future Council meeting pending receipt of the Environmental Assessment report on the Centre Block." Carried Unanimously, as Amended. Ms. C. Galinski and Ms. Dorinda Orser, residents, spoke in opposition to Clause 7 of the Development & Technical Services Committee report of this date, regarding the preferred alternative detailed in the traffic calming environmental assessment for David Street 1 Schneider Avenue. Ms. Galinski commented that the need for traffic calming on David Street has resulted from Jubilee Drive and Park Street being used as a major east 1 west artery going between Victoria and Queen Streets through Victoria Park. She suggested that traffic be re-directed from the Park 1 Victoria Street intersection to Joseph Street, by placing speed bumps on Jubilee Drive; restricting traffic along Park Street (east of Victoria Street intersection) and Heins Avenue 1 Jubilee Drive to one way; and installation of advanced turn signals at Queen Street 1 Courtland Avenue. Ms. Galinski disagreed with restricting access on the east side of Victoria Park to only David Street 1 Courtland Avenue as it is too limiting and suggested a number of directional traffic turning changes for Schneider Avenue 1 Queen Street 1 Mill Street to improve flow of eastbound traffic into the Park. Ms. Orser asked that the City consult with St. Mary's Hospital to ensure the proposed traffic calming allows appropriate access for emergency vehicles and requested consideration be given to alternatives to blocking off David Street. Councillor J. Smola spoke in opposition to Clause 7 of the Development & Technical Services Committee report, commenting that a similar scenario was implemented in his Ward in the area of Woolwich Street which did not have the desired effect and encouraged Council to consider the suggestions made by Ms. Galinski. Councillor G. Lorentz pointed out that the traffic calming proposal is to be implemented on a temporary basis to allow monitoring operation of winter maintenance. He suggested that Clause 7 be amended to require that staff hold a public meeting following the trial period to assess the impact of the traffic calming measures and report as to the outcome prior to the measures being implemented on a permanent basis. COUNCIL MINUTES NOVEMBER 28, 2005 - 343 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 7 of the Development & Technical Services Committee report of this date be adopted, as amended, to require a public meeting to be held to assess the impact of the traffic calming measures and a report be presented to a future meeting of the Development & Technical Services Committee as to the outcome, prior to the measures taken being permanently installed." Carried. Ms. J. Passy spoke on behalf of the Waterloo Catholic District School Board in regard to Clause 2 of the Development & Technical Services Committee report of this date, dealing with Zone Change Application ZC 05/14/M/JB. Ms. Passy requested that bearings and distance references related to the subject property, as listed on Schedule 25 attached to the zoning amending by-law, be removed as they are not required for purposes of approving the zone change. Mr. J. Willmer, Director of Planning, agreed to remove the bearing references but advised that distances are required to demonstrate the lands to which the zone change applies. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 2 of the Development & Technical Services Committee report of this date be adopted, as amended to remove all bearing references from Schedule 25, as attached to the zoning amending by-law." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." On motion by Councillor J. Smola, seconded by Councillor C. Weylie, it was agreed to replace the motion in Clause 5 of the report with a revised staff recommendation, circulated this date, to provide an alternative for incorporation of the subject lands within the site plan agreement for 1354 King Street East and to provide revised criteria for a landscape plan. The Development & Technical Services Committee report was then voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried. Clauses 2 & 7 - Dealt with under Delegations and Carried, as Amended. Clause 5 - Carried, as Amended. Clause 9 - Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Smola, G. Lorentz, B. Vrbanovic, J. Gazzola and C. Weylie Contra: Councillor M. Galloway Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of November 7, 2005) be adopted." Carried. COUNCIL MINUTES NOVEMBER 28, 2005 - 344 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee (meeting of November 21, 2005) be adopted." Voted on Clause by Clause Clause 5 - Dealt with under Delegations and Carried Unanimously, as Amended. Clause 6 - Motion redundant and not considered as the matter was dealt with under Clause 5. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee be adopted." Council considered this date Corporate Services Department report CRPS-05-176 (P. Harris), dated November 23, 2005 relative to Clause 1 of the report, dealing with a request for a reduced licence fee, recommending that the fee be increased to comply with regulations as set out in the City's Licensing By-laws. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 2 of the Finance and Corporate Services Committee report by increasing the license fee to $37. from $10. Council was in receipt this date of Financial Services Department report FIN-05-044 (P. Houston), dated November 23, 2005, relative to Clause 2 of the report dealing with a request to add funding to the Kitchener Public Library's 2006 - 2015 Capital Forecast, in which additional information is provided concerning comparative library statistics and status of the Library's operating and capital budgets. Councillor M. Galloway declared a pecuniary interest with regard to Clause 8 of the report, dealing with increased consultant fees relative to an Ontario Municipal Board appeal of the City's Development Charge Background Study 1 Rate By-law, and abstained from all discussion and voting as he is a relative of the consultant who developed the City's Leisure Facilities Master Plan. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, Clause 10 of the report dealing with a request to the Minister of Municipal Affairs and Housing to consider certain changes related to open and closed meetings as part of the Municipal Act review was brought forward for consideration. Councillor B. Vrbanovic raised a number of questions with regard to municipal practices relative to issues of transparency involving access to in-camera minutes; monitoring of privacy issues; voting procedures for authorizing in-camera meetings; and staff protocol for including items on an in-camera agenda. Councillor Vrbanovic then asked that consideration be given to the following matters: · investigation of the purpose and role of the City of Toronto's Integrity Commissioner; · feasibility of amending the City's Procedural By-law to require a 2/3 majority vote of Council to authorize in-camera meetings; · formalize the staff protocol for including items on an in-camera agenda as City policy; · inclusion of a new agenda heading to remind members of Council that they can question and 1 or object to items listed for in-camera discussion. Mayor C. Zehr requested that the issues raised by Councillor B. Vrbanovic be put in writing and referred to staff for report to a future meeting. Councillor G. Lorentz spoke in favour of further investigating the issues raised by Councillor Vrbanovic, suggesti ng that a report be brought forward for consideration at the December 12, 2005 COUNCIL MINUTES NOVEMBER 28, 2005 - 345 - CITY OF KITCHENER Council meeting or if possible, at an earlier date. He then raised concerns with a recent newspaper article, advising that he had been misquoted on matters related to transparency issues and asked that the media exercise due diligence in accurately reporting Council discussions. A motion by Councillor B. Vrbanovic, seconded by Councillor G. Lorentz, to defer Clause 10 of the Finance and Corporate Services Committee report of this date, pending a staff report on the issues raised by Councillor Vrbanovic, was voted on and Lost. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 10 of the Finance and Corporate Services Committee report of this date be adopted." Carried Unanimously. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 1 - Carried, as Amended. Clause 8 - Carried. Recorded Pecuniarv Interest & Abstention Clause 8 - Councillor M. Galloway as he is a relative of the consultant who developed the City's Leisure Facilities Master Plan. Clause 10 - Carried Unanimously. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener (meeting of October 4, 2005) be adopted." Voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried Unanimously, as Amended, on a Recorded Vote. Clause 2 - Dealt with under Delegations and Carried Unanimously, as Amended. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener (meeting of November 1,2005) be adopted." Carried. Mayor C. Zehr reported on Regional issues, advising that Regional Council recently adopted a Pesticide By-law and results of the Regional Rapid Transit Technical Studies will be submitted to the Federal and Provincial Governments, MPs, MPPs and local municipalities for comment. Council agreed to a request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add three zoning amending by-laws and a municipal plan amendment by-law for three readings this date relative to Clauses 1, 2 and 3 of the Development & Technical Services Committee report of this date. COUNCIL MINUTES NOVEMBER 28, 2005 - 346 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic 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. 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) 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. (e) Being a by-law to amend By-law 2003-230 to extend the time period for exemption from Part Lot Control - Lot 19, Block 17 and Part of Blocks 6, 16 and 18, Registered Plan 58M- 300 - Snowdrop Crescent, Red Clover Crescent and Purple Sage Crescent. (f) Being a by-law to provide for the widening of part of Battler Road as a public highway in the City of Kitchener. (g) Being a by-law to amend By-law 91-142 designating part of 39 Doon Valley Drive in the City of Kitchener as being of historical and architectural value under the Ontario Heritage Act. (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 - Waterloo Catholic District School Board, Moore Avenue. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - St. Mary's General Hospital, Pleasant Avenue. (k) Being a by-law to adopt Amendment No. 62 to the Municipal Plan - Hallman Construction Ltd. - Groh Drive. (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hallman Construction Ltd. - Groh Drive. 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "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. COUNCIL MINUTES NOVEMBER 28, 2005 - 347 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "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. 2005-206) (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. 2005-207) (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. 2005-208) (d) 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. 2005-209) (e) Being a by-law to amend By-law 2003-230 to extend the time period for exemption from Part Lot Control - Lot 19, Block 17 and Part of Blocks 6, 16 and 18, Registered Plan 58M- 300 - Snowdrop Crescent, Red Clover Crescent and Purple Sage Crescent. (By-law No. 2005-210) (f) Being a by-law to provide for the widening of part of Battler Road as a public highway in the City of Kitchener. (By-law No. 2005-211) (g) Being a by-law to amend By-law 91-142 designating part of 39 Doon Valley Drive in the City of Kitchener as being of historical and architectural value under the Ontario Heritage Act. (By-law No. 2005-212) (h) To confirm all actions and proceedings of the Council. (By-law No. 2005-213) (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Waterloo Catholic District School Board, Moore Avenue. (By-law No. 2005-214) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - St. Mary's General Hospital, Pleasant Avenue. (By-law No. 2005-215) (k) Being a by-law to adopt Amendment No. 62 to the Municipal Plan - Hallman Construction Ltd. - Groh Drive. (By-law No. 2005-216) COUNCIL MINUTES NOVEMBER 28, 2005 - 348 - CITY OF KITCHENER (I) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hallman Construction Ltd. - Groh Drive. (By-law No. 2005-217) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:10p.m. MAYOR CLERK COUNCIL MINUTES NOVEMBER 28, 2005 - 349 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the recommendation contained in Development and Technical Services Department report DTS-05-176, dated November 3, 2005, regarding Plan of Subdivision 30T -03203, Municipal Plan Amendment Application MP 03/03/G/DR and Zone Change Application ZC 03/20/G/DR, be aooroved, subject to the following new wording for City of Kitchener condition 6.17: '6.17 The SUBDIVIDER agrees to design the neighbourhood park to the satisfaction of the General Manager of Community Services prior to registration. The SUBDIVIDER further agrees to complete construction of the neighbourhood park within one year of registration of Stage One, or within two vears of commencina servicina whichever occurs first. Any construction costs, such as playground equipment and landscaping, shall be paid for by the developer and refunded through development charge credits.' (Dealt with under Delegations and Carried) 2. That Zone Change Application ZC 05/14/M/JB for the purpose of changing the zoning from Neighbourhood Institutional to Neighbourhood Institutional with a special use provision to allow office and social service establishments, provided that a social service establishment shall not provide on-site counseling or perform non-administrative functions, on lands legally described as Registered Plan 385, Part Lot 457, in the City of Kitchener, be aooroved without conditions; and further, That a by-law to implement this new zoning be adopted at the Council meeting of November 28, 2005, as amended to remove all bearing references from Schedule 25 attached to the by- law. (Dealt with under Delegations and Carried, as Amended) 3. That Zone Change Application ZC05/16/P/JB for the purpose of changing the zoning from Residential Five Zone (R-5) to Residential Five Zone (R-5) with temporary use provision #11 to allow for the offices of a social service establishment on lands legally described as Registered Plan 230 Part Lot 339, Registered Plan 699 Part Lot 1 in the City of Kitchener, be aooroved in the form shown in the "Proposed By-law", dated October 21, 2005, attached to Development and Technical Services Department report DTS-05-181, without conditions. 4. That the recommendation contained in Development and Technical Services Department report DTS-05-186, dated October 27, 2005, regarding Plan of Subdivision 30T-05203, ~ aooroved. 5. That Demolition Control Application DC05/1 O/K/L T requesting permission to demolish one single detached dwelling located at 1358 King Street East, legally described as Plan 404 Part Park Lot 25 RP58R1889 Part 6, be approved in principle, subject to the following conditions being satisfied prior to the issuance of a demolition permit: (a) That the subject lands be incorporated into either the site plan agreement for 1414 King Street East or a site plan agreement for 1354 King Street East; (b) That a revised landscape plan, including the subject lands, showing landscaping on the site of the house to be demolished, retention of existing mature trees, and no increase of parking on the subject lands, be submitted to the satisfaction of the Supervisor of Site Plan Development; and, (c) That securities be posted, to the satisfaction of the Supervisor of Site Plan Development, sufficient to guarantee the completion of the approved landscaping. (As Amended) 6. That Demolition Control Application DC 05/12/NSR requesting permission to demolish one single family dwelling located at 41 Amherst Drive, legally described as Plan 578 Part Lot 27 and Part Lot 30, be aooroved in orinciole, subject to the following conditions: COUNCIL MINUTES NOVEMBER 28, 2005 - 350 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 6. (Cont'd) 1. That the owner obtains a building permit for the proposed development. Upon satisfaction of the above noted condition, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: a) That in the event that construction of a new building is not substantially complete within 2 years of the date that demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 7. That the Preferred Alternative detailed in the Traffic Calming Environmental Assessment David Street/Schneider Avenue, prepared by Paradigm Transportation Solutions Ltd., dated November 11,2005, be endorsed; and, That the Director of Transportation Planning be authorized and directed to file the Class Environmental Assessment (EA) Project File Report for the David Avenue/Schneider Avenue Traffic Calming Study with the Municipal Clerk for a thirty (30) day public review commencing November 29, 2005; and, That the curb extension and one-way westbound traffic conversion on Schneider Avenue be installed in January 2006, on a temporary basis in order to monitor the operation of winter maintenance, and that prior to it being implemented on a permanent basis as part of the proposed improvements to Queen Street scheduled in 2007, staff hold a public meeting following the trial period to obtain feedback from area residents as to its impact and report on the outcome of the public meeting at a future meeting of the Development & Technical Services Committee; and further, That the Uniform Traffic Control By-law be amended accordingly. (Dealt with under Delegations and Carried, as Amended) 8. That Development & Technical Services Department Report 05-177, (Update on School of Pharmacy Public Consultation Process) be received for information. 9. That the Feasibility Study for the Development of Short and Long Term Parking Solutions for Downtown Kitchener be received; and, That Site 1 bounded by Charles St W, Water St S, Francis St S and Halls Lane be considered for approximately a 380 space above ground parking structure to address the Downtown parking needs subject to the development of a business case and partnership agreement satisfactory to Council; and, That Site 4 on the Centre Block bounded by King St W, Duke St W, Ontario St N and Young St be considered for a below ground parking structure to accommodate library, public and other parking needs, the development of which is a part of the Request for Proposal process for development of the entire Centre Block subject to a business case and partnership agreement satisfactory to Council; and, That funding for the two structures be considered as follows: a) $5,500,000 as allocated in 2006 from the Economic Development Investment Fund b) Options for financing these two projects be addressed in the business cases; and, That Transportation Demand Management (TDM) initiatives be developed for the Downtown in an attempt to reduce the long term demand for parking; and further; COUNCIL MINUTES NOVEMBER 28, 2005 - 351 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 9. (Cont'd) That staff be directed to review the Zoning Bylaw with respect to parking required for the development of new commercial and retail floor space in the Downtown. (Carried on a Recorded Vote) 10. That Planning Staff be directed to consult with the owners of land subject of draft approved plans of subdivision, and to consult with the Waterloo Region Homebuilders Liaison Committee, to obtain their input with respect to modifying draft approved plans of subdivision to update and include revised conditions to deal with the provision of sidewalks, the provision of on-street parking plans, environmental/tree saving/tree management requirements, and where appropriate and necessary, conditions to allow developers to proceed independently of one another; and further, That once the input on the proposal for modifications is received, Planning Staff report back to Development and Technical Services Committee and advise of the input and obtain direction with respect to proceeding with modifications to draft approved plans of subdivision. 11. That the City of Kitchener sell a 1992 Emergency One Cyclone, Hush Pumper/Tower to the Ontario Fire College, for $60,000 at a convenient time after the new American LaFrance Pumper/Aerial is received and placed into service. 12. That the 2006 traffic calming program include the completion of an environmental assessment on Chopin Drive, Chandler Drive and Bradley Drive. COMMUNITY SERVICES COMMITTEE (Meeting of November 7, 2005) - 1. That the organizing structure for review and assessment of the recommendations of the Leisure Facilities Master Plan (LFMP), as outlined in Community Services Department report CSD-05-127, be approved; and further, That a decision to proceed with either Option 'A' (Phased Approach) or Option 'B' (Paused Approach) for moving forward with implementation of the Leisure Facilities Master Plan (LFMP), as outlined in Community Services Department report CSD-05-127, be deferred and referred to the December 5, 2005 Community Services Committee meeting, pending additional information regarding implications on an individual project basis within the context of the Capital Budget process. COMMUNITY SERVICES COMMITTEE (Meeting of November 21, 2005) - 1. That a $700. Community Development Infrastructure Program grant, be approved, to the Stanley Park Neighbourhood Association for expenses related to incorporation of the Association, as outlined in Community Services Department report CSD-05-151. 2. That the General Manager of Community Services be authorized to execute a Connect KW Network Membership Agreement with the Social Planning Council of Kitchener-Waterloo, as outlined in Community Services Department report CSD-05-142, and any amendments to that agreement that subsequently may be required for the purpose of providing Internet access for community use, all to the satisfaction of the City Solicitor. 3 . That the Facilitator of Special Events be authorized to increase the amount payable to The Agency Group within the Pre-Approved Agent contract for the Festival of the Night, to a total of $10,000., as outlined in Community Services Department report CSD-05-137; and, That Schedule C of the Pre-Approved Agent contract be amended to allow The Agency Group to bind the performers; and further, COUNCIL MINUTES NOVEMBER 28, 2005 - 352 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of November 21, 2005) - (Cont'd) 3. (Cont'd) That the Facilitator of Special Events be authorized to amend the rider contained in Schedule B of the Pre-Approved Agent contract, satisfactory to the City Solicitor. 4. That the recommendation of the Arts and Culture Advisory Committee and the Public Art Working Group to name Philip Irish as the City of Kitchener Artist-in-Residence for 2006, be endorsed; and further, That subject to 2006 budget deliberations, the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Philip Irish regarding the License For Artist's Studio Kitchener City Hall and use of the City Hall facilities for 2006, as outlined in Community Services Department report CSD-05-136. 5. That $70,000. be allocated from the City's Capital Surplus Account to immediately address health and safety concerns at the Kingsdale Community Centre, as identified in Community Services Department report CSD-05-143; and, That subject to 2006 capital budget deliberations, $40,000. be allocated to fund a Kingsdale Community Centre Business Plan in 2006; and, That subject to 2006 capital budget deliberations, $200,000. be allocated to a Kingsdale Community Centre Expansion Envelope; and further, That all the capital expansion options provided for the Kingsdale Community Centre, as outlined in Community Services Department report CSD-05-158 (C. Sadeler), be referred back to Community Services staff to allow for further consultation between the City of Kitchener, neighbourhood representatives, stakeholders and program partners. (Dealt with under Delegations and Carried Unanimously, as Amended) 6. That consideration of the capital improvement options for the Kingsdale Community Centre, as attached to Community Services Department report CSD-05-143, be deferred and referred to the November 28 2005 Council meetina to allow additional information to be provided regarding expansion options, as well as future plans for the Chandler Mowat portable and the distribution of goods on behalf of the Food Bank at community centres. (Motion redundant and not considered as the matter was dealt with under Clause 5 above) 7. That subject to the 2006 capital budget deliberations, $178,000. be added to the Capital Forecast in 2015 for dehumidifier replacement at the Auditorium Twin Pad, as outlined in Community Services Department report CSD-05-135. 8. That subject to the 2006 capital budget deliberations, $350,000. be added to the Capital Forecast in 2015 for the redevelopment of Speaker's Corner, located at the southwest corner of King Street and Benton Street, as outlined in Community Services Department report CSD- 05-123. 9. That subject to the 2006 capital budget deliberations, $150,000. be added to the Capital Forecast in 2014 for the redevelopment of Vogelsang Green, as outlined in Community Services Department report CSD-05-122. 10. That subject to the 2006 capital budget deliberations, $20,000. per year be added to the 10 Year Capital Forecast, commencing in 2006 through 2015, for a total of $200,000., to address turf conditions within general parks throughout Kitchener, as outlined in Community Services Department report CSD-05-132. COUNCIL MINUTES NOVEMBER 28, 2005 - 353 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE (Meeting of November 21, 2005) - (Cont'd) 11. That subject to the 2006 capital budget deliberations, $205,000. be added to the Capital Forecast to undertake a City-wide tree inventory, as follows: $110,000. (2006); $65,000. (2007); $30,000. (2008); as outlined in Community Services Department report CSD-05-131. 12. That subject to the 2006 capital budget del iberations, $1,675,000. be added to the 1 0 Year Capital Forecast to establish a long-term funding program for Kitchener's natural areas, as follows: $100,000. (2009); $100,000. (2010); $170,000. (2011); $170,000. (2012); $180,000. (2013); $185,000. (2014); $190,000. (2015); $190,000. (2016); $195,000. (2017); $195,000. (2018); as outlined in Community Services Department report CSD-05-130. FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That the request of Doon Heritage Crossroads to pay a reduced licence fee of $37. for the "Seedy Saturday" event to take place on February 19, 2006 at Doon Heritage Crossroads be granted. (As Amended) 2. That subject to the 2006 capital budget deliberations, Kitchener Public Library's (KPL) 2006- 2015 Capital Forecast include funding for an extension to the Book Reserve Fund; an increase in the Technology Upgrade Fund; and three new projects: a south-end community library, customer needs surveys and radio frequency identification technology, as outlined in KPL's report dated November 15, 2005. 3. That the draft policy appended to Corporate Services Department report CRPS-05-172 (G. Sosnoski), dated November 14, 2005, regarding use of City facilities for political campaign purposes be adopted, as amended by removing reference to the "KOR Gallery and Studio" and re-identifying this facility under an appropriate name; and to remove the last bulleted paragraph under the heading "Scope" regarding "mass media opportunities/news items". 4. That Corporate Services Department report CRPS-05-161 (C. Goodeve), dated October 26, 2005 concerning a request to increase funding for the Community Environmental Improvement Grant Program be deferred and referred to the Environmental Committee for further consideration. 5. That a by-law be enacted to amend Chapter 842 (Hedges and Other Objects) of the Municipal Code, to eliminate the requirement for Council to enact a site specific by-law each time required work is to be undertaken on private property in the event of non-compliance with the Chapter; and further, That such by-law amendment authorize the Director of Enforcement to cause the necessary work to be done on private property provided that, in his/her opinion, the costs associated with such work are not anticipated to exceed $5,000.; and a report be provided within one year as to the impact of lowering the upset limit to $5,000. from $10,000. 6. That the Departmental Seconded Program for Special Projects as detailed in Financial Services Department report FIN-05-040 be approved, effective May 1, 2006, subject to funding availability from the Corporate Gapping Program of the previous year. 7. That a project allocation of $200,000. for a Corporate Central Alarm Monitoring System be included in the Capital Forecast for consideration during the 2006 capital budget review process. COUNCIL MINUTES NOVEMBER 28, 2005 - 354 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (Cont'd) 8. That increases to the following purchase orders for consulting services related to appeal of the City's July 2004 Development Charge Background Study and Development Charge Rate By- law be approved, and be funded from the City's Capital Surplus Account: Purchase Order #500283 - Hemson Consulting Ltd. - increase from $15,000. to $75,000. plus taxes; and, Purchase Order #500260 - F. J. Galloway Associates Inc. - increase from $12,000. to $30,000. plus taxes. 9. That the proposed 2006 Fees and Charges, excluding Fire Department inspection and permit fees, as contained in the 2006 Comprehensive Fee Review attached to Financial Services Department report FIN-05-038 be approved; and, That the Manager of Cemeteries be directed to forward the Cemetery Tariff of Fees and Charges to the Ministry of Government Services - Cemeteries Regulation Unit for filing, in order that the proposed fees become effective January 1, 2006; and further, That Legal Services staff be directed to prepare the necessary by-laws to amend The City of Kitchener Municipal Code Chapters for fees pertaining to licensing, planning applications and Committee of Adjustment applications. 10. That the Minister of Municipal Affairs and Housing be asked to consider, as part of the current Municipal Act review, the following changes with regard to open and closed meetings: · a clearer and expanded definition of 'meeting', to include non-traditional venues such as electronic and telephone meetings; · addition of a category which would allow Councils to meet in-camera relative to: discussions and/or negotiations of a strategic nature involving a municipally-owned business enterprise, or the development of a commercial or strategic partnership involving other government bodies, institutions or private sector companies, where public discussion in the early stages of formulating a decision would be detrimental to the interests of the public or the third party; and further, That staff provide any necessary explanatory notes required to clarify the request. (Carried Unanimously) HERITAGE KITCHENER (Meeting of October 4, 2005) - 1. That staff be directed to put interim measures in place at the Forsyth Building (31 Young Street) to a maximum of $30,000. as outlined in Corporate Services Department report CRPS-05-177 (L. Proulx), dated November 23, 2005, to be funded from the Economic Development Investment Fund, to prevent further deterioration and water damage through the re-direction of water into a proper drainage system, and re-activate the fire alarm system, if not operational; and where possible, this work is to be done by City work forces. (Dealt with under Delegations and Carried Unanimously, as Amended as a recorded vote) 2. That the recommendations contained in Development & Technical Services Department report DTS-05-199 (L. Bensason), regarding adding private and City-owned properties located on the Centre Block to the City's Heritage Inventory which are not currently listed and re-affirming or removing those properties which are currently listed, be deferred and referred to a future Council meeting pending receipt of an Environmental Assessment Phase 2 report on the Centre Block, to be considered by the Centre Block Steering Committee in late February, 2006. (Dealt with under Delegations and Carried Unanimously, as Amended) COUNCIL MINUTES NOVEMBER 28, 2005 - 355 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (Meeting of November 1, 2005) - 1. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-IV-015 (120 Duke Street West) be aooroved to permit the installation of signage, as shown on the plans and described in the specifications as attached to Development & Technical Services Department report DTS-05-178. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2005-V-016 (142 Pleasant Avenue) be aooroved to permit the construction of a rear yard sunroom addition, as shown on the plans and described in the specifications as attached to Development & Technical Services Department report DTS-05-184. COUNCIL MINUTES NOVEMBER 28, 2005 - 356 - 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. Execution of Enaineerina Aareement - Monarch Corooration - Toooer Woods It was resolved: "That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor for the provision of professional engineering services made between the City of Kitchener and KMK Consultants Limited, regarding Topper Woods, Stages 1 and 2, Draft Plan 30T -04203." 2. Various Tenders Dealt with under Delegations. 3. Offer to Purchase - Hvdro One Networks - Lands adiacent to 1225 Courtland Av E Council considered Corporate Services Department report CRPS-05-173 (L. Proulx), dated November 14, 2005, regarding an Offer to Purchase lands adjacent to 1225 Courtland Avenue East. It was resolved: "That the Mayor and Clerk be authorized to execute an Offer to Purchase with Hydro One Networks Inc. for the acquisition of a portion of the hydro corridor immediately adjacent to 1225 Courtland Avenue East, for the explicit purpose of assigning the City's right to acquire said lands to Steve Scherer Pontiac Buick GMC Ltd., all costs to be borne by Steve Scherer Pontiac Buick GMC Ltd., and provided that Steve Scherer Pontiac Buick GMC Ltd. identifies all easements on said lands to the satisfaction of the City; and further, That the Mayor and Clerk be authorized to execute any necessary documentation to facilitate this transaction." 4. Encroachment Aareement - 117 Centurv Hill Drive Council considered Corporate Services Department report CRPS-05-170 (J. Sheryer), dated November 10, 2005. Councillor J. Gazzola inquired as to the possibility of charging a nominal annual rental fee to property owners entering into encroachment agreements for use of City-owned lands. Ms. L. MacDonald, City Solicitor, suggested that while it may be possible the rental fee would have to be at least equivalent to the property tax that would apply to the portion of lands subject to the encroachment. Councillor G. Lorentz questioned the appropriateness of continuing to enter into encroachment agreements, raising concerns that it sets poor precedent by encouraging neighbouring property owners to encroach on City-owned lands. Ms. MacDonald pointed out that in fact, that was the case in this instance as Council has already approved another encroachment on the subject street. Mayor C. Zehr suggested, and it was agreed, that this matter be deferred pending receipt of a report to address the issues raised by Councillors Gazzola and Lorentz. COUNCIL MINUTES NOVEMBER 28, 2005 - 357 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Encroachment Aareement - 117 Centurv Hill Drive - (Cont'dl It was resolved: "That the recommendation contained in Corporate Services Department report CRPS- 05-170 (J. Sheryer), regarding entering into an encroachment agreement with the owner(s) of 117 Century Hill Drive to legalize encroachment of a fenced yard on adjacent City-owned land, be deferred and referred to a future Council/Committee meeting pending a report explaining how the encroachment came about (including pictures of the site) and the feasibility of charging an annual rental charge to property owners entering into encroachment agreements for use of City-owned lands." 5. CBIP Grant - Stan lev Park Communitv Centre Council considered Corporate Services Department report CRPS-05-165 (M. Petricevic), dated November 10,2005, regarding execution of a Contribution Agreement related to grant monies owing for the Stanley Park Community Centre. It was resolved: "That the City of Kitchener enter into a Contribution Agreement with the Department of Natural Resources Canada (NRCan) regarding the release of grant money under the NRCan's Commercial Building Incentive Program (CBIP) for the successful implementation of energy saving measures with the construction of the Stanley Park Community Centre; and further, That the Mayor and Clerk be authorized to sign such agreement, subject to the satisfaction of the City Solicitor." 6. Committee of Adiustment Decisions - Various Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held November 15, 2005. At the request of Councillor G. Lorentz, Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, agreed to pursue a better standard of site pictures for reproduction with agenda enclosures. In regard to Submission No. FN 2005-007 (122 Edgehill Drive), Councillor J. Gazzola questioned the necessity of requiring the property owner to apply at substantial cost to the Committee of Adjustment for a minor fence variance solely on the basis of a neighbour's complaint. Mr. J. Willmer advised that the property owner could choose the alternative to comply with the City's Fence By-law in lieu of applying to the Committee of Adjustment. It was resolved: "That the application of Shannon & Brian Walls (Submission No. FN 2005-007 - 122 Edgehill Drive) requesting legalization of an existing fence having a maximum height of 1.2 m (3.93 ft.) along 4.87 m (15.97 ft.) of the Stanson Close property line, and having a maximum height of 1.82 m (5.97 ft.) along the remaining 22.55 m (73.98 ft.) of the Stanson Close property line, rather than a height of 0.9 m (3 ft.), on Lot 15, Plan 698, 122 Edgehill Drive, Kitchener, Ontario, BE APPROVED." - and - COUNCIL MINUTES NOVEMBER 28, 2005 - 358 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Committee of Adiustment Decisions - Various - (Cont'dl "That the application of Susan Vann & Boyd Ralph (Submission No. FN 2005-008 - 2 Crest Haven Street) requesting permission for a fence with a maximum height of 1.8 m (5.97 ft.) to be set back from the Forest Edge Trail property line a variable distance with a distance of 0.6 m (1.96 ft.) at the shortest point, rather than having a setback of 1.5 m (4.92 ft.), on Lot 17, Plan 58M-158, 2 Crest Haven Street, Kitchener, Ontario, BE APPROVED." - and - "That the application of 410 King Properties Limited (Submission No. SG 2005-014 - 410 King Street West) requesting permission to erect 7 temporary vinyl banner signs on the King Street and Victoria Street elevations; whereas the Sign By-law does not permit banner signs, on Lot 118 and Part Lots 56-58, 110-117 & 119, and Part of Lane Closed, Registered Plan 374, being Part 11, Reference Plan 58R-14293 and Parts 1 & 2, Reference Plan 58R-14771, 410 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That all the temporary vinyl banner signs on this building, for both Phase 1 and Phase 2, shall be removed no later than 1 year from the date of this decision. 2. That the owner shall provide indemnification and insurance satisfactory to the Regional Municipality of Waterloo for the banners." 7. Land Transfer - Ministrv of Transoortation - Ross Avenue Cul-de-sac Council considered Corporate Services Department report CRPS-05-178 (L. Proulx), dated November 23, 2005, regarding a transfer of land with the Ministry of Transportation. It was resolved: "That the City of Kitchener accepts the transfer of land designated as Part 13 on Reference Plan 58R-12055, and Part 2 on Reference Plan 58R-13287 from the Ministry of Transportation at no cost to the City provided the documentation to affect the transfer is to the satisfaction of the City Solicitor." 8. WREPNET Service Level & Network Ooerations Centre Aareement Council considered Corporate Services Department report CRPS-05-175 (M. Grummett), dated November 21, 2005. It was resolved: "That the Mayor and Clerk be authorized to execute the Service Level and Network Operation Centre Agreement with Unis Lumin Inc., the Waterloo Region District School Board, Waterloo Catholic District School Board, The Corporation of the City of Waterloo, The Corporation of the City of Cambridge, Kitchener Public Library Board, Cambridge Public Library Board, Waterloo Public Library Board, Regional Municipality of Waterloo, Conestoga College of Applied Arts and Technology, Grand River Hospital, and Family and Children's Services of the Waterloo Region incorporated as the Children's Aid Society of the Regional Municipality of Waterloo satisfactory to the City Solicitor, for the provision of network operation monitoring and maintenance support services for WREPNET, the Waterloo Region Education Public Network." COUNCIL MINUTES NOVEMBER 28, 2005 - 359 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 9. Exemption to Chapter 450 (Noise) of the Municipal Code - Bethany Evangelical Missionarv Church Council considered this date Corporate Services Department report CRPS-05-181 (S. Turner), dated November 28, 2005, requesting a noise exemption for an annual Christmas Pageant. It was resolved: "That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Bethany Evangelical Missionary Church for their annual Christmas Pageant on December 1-4, 2005, between the hours of 6 p.m. and 9 p.m."