Loading...
HomeMy WebLinkAboutCouncil - 2006-01-30COUNCIL MINUTES JANUARY 30, 2006 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 the Sheppard Public School Junior Choir. On motion by Councillor M. Galloway, the minutes of the regular meeting held January 16, 2006 and special meetings held January 16 & 23, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr presented a City of Kitchener 20 year service pin to Ms. C. Ladd, Chief Administrator, in recognition of her years of service with the Corporation. 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 J. Smola "That Tender T05-084, Chandler Mowat Community Centre Construction, be awarded to M.J. Dixon Construction Limited, Mississauga their tendered price of $1,591,000., plus a contingency of $80,000. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Proposal P05-092, Natural Gas Appliance Financing Program, be awarded to the following Contractors for a one (1) year period, commencing January 2006 and terminating December 31, 2006: • Primary Contractor Status: Dunn Heating & Air Conditioning, Waterloo; Delta Air Systems Ltd., Waterloo; Bast Home Comfort Inc., Waterloo; Aire One KW, Kitchener; and, Direct Energy Essential Home Services, St. Catharines; • Secondary Contractor Status: Corestar Mechanical Ltd., New Dundee; Reitzel Heating & Sheet Metal, 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; Bast Home Comfort, Cambridge; Air Quality Home Comfort Inc., Cambridge; Richmond Heating & Air Conditioning, St. Clements; Colonial Air Inc., New Hamburg; Midwestern Ontario Service Experts (Boehmers), Waterloo; Midwestern Ontario Service Experts (Cronin-Emery), Waterloo; Conestogo Mechanical Inc., Kitchener; Triple 8 Plumbing & Heating Inc., Waterloo; All Weather Air Systems Inc., Waterloo; and The Woodburner, Kitchener." Carried. Councillor M. Galloway advised that he wished to further defer consideration of his motion regarding the new central library and Centre Block property, listed under Unfinished Business on the Council agenda of this date. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That consideration of the motion listed under Unfinished Business on the Council agenda this date, regarding re-affirming the City's financial commitment to the new central library project at $32.5M, be deferred and referred to the February 6, 2006 Finance and Corporate Services Committee meeting pending additional information from the Centre Block Steering Committee." Carried. COUNCIL MINUTES JANUARY 30, 2006 - 28 - CITY OF KITCHENER Council was in receipt this date of a memorandum (L. Proulx / G. Sosnoski), dated January 30, 2006, in which additional background information concerning the demolition of the former Forsyth building is provided. In particular, the report addresses temporary securing and tarping of exposed portions of the remaining Smyth Residence /Art Deco building and salvaging of wood /masonry materials from portions of the Forsyth building already demolished. Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, advised that direction is required with regard to the measures to be taken to secure the two remaining buildings and the materials to be salvaged. He pointed out that a decision will be requested on February 6, 2006 as to whether or not to preserve the two remaining structures and given the magnitude of the expenditure to temporarily secure them staff are asking for direction prior to committing the funds. He also advised that negotiations have taken place with the contractor in regard to the materials to be salvaged which are estimated at a cost of $47,950., with an additional $12,000. required to restore the materials for adaptive re-use. Mr. Sosnoski pointed out that 22 skids of bricks taken from demolition of a previous portion of the Forsyth building are included in the amount of bricks to be saved. Mr. Sosnoski suggested that Council may wish to consider salvaging a lesser amount of wooden elements and only retaining the bricks already in storage. Mr. Sosnoski outlined matters to be considered at the February 6, 2006 Finance and Corporate Services Committee meeting concerning the demolition site, including recommendations from the Centre Block Steering Committee; previously deferred recommendations of Heritage Kitchener; decision on demolition or preservation of the two remaining structures, and removal of the Art Deco pre-cast panels; and other issues relating to the demolition /remediation of the site. He noted that a formal decision of Council should not be made until February 13, 2006 pending consultation with Heritage Kitchener at its February 7 meeting. Councillor B. Vrbanovic questioned the impact of delaying a decision on the temporary securing of the two remaining structures pending discussions on February 6. Mr. L. Proulx commented that the only aspects of potential heritage value that would require immediate protection are the wooden floors. He suggested that in the interim, and as a protective measure, tarping could be placed along the exposed edges of the flooring at minimal cost. Councillor J. Gazzola advised that he had been contacted by a member of Heritage Kitchener who indicated that the materials left from demolition have little heritage value and it would be preferable to channel the funds into retaining the two remaining structures. He noted that the temporary securing measures equate to $15,000. as opposed to upwards of $50,000. for salvaging of materials. Mr. Sosnoski cautioned that not all information is before Council at this time pointing out that the $15,000. represents only initial costs for temporary measures and does not include any remediation / restoration to rehabilitate the structures to a permanent, reusable condition. This additional information will be brought forward on February 6. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, a motion was brought forward to defer and refer a decision on temporary securing of the structures. Councillor J. Gazzola spoke in opposition to the motion, as Heritage Kitchener has indicated a preference to spend the funds to secure the two remaining structures in lieu of salvaging materials from the demolished portion of the building. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That consideration of temporary securing and tarping of exposed portions of the two remaining structures on the Forsyth demolition site, being the Smyth Residence and Art Deco Building, be deferred and referred to the February 6, 2006 Finance and Corporate Services Committee meeting, pending receipt of additional information pertaining to the demolition site; and further, That staff take interim protective measures to tarp the edge of wooden floors exposed in the Smyth Residence and Art Deco Building, to an upset limit of $5,000." Carried. COUNCIL MINUTES JANUARY 30, 2006 - 29 - CITY OF KITCHENER Councillor B. Vrbanovic then advised that notwithstanding his earlier proposal for salvaging of materials and in light of new information received, he was now of the opinion that only such quantity of materials that realistically can be re-used should be retained. He questioned the need to retain bricks over and above those already in storage. Mr. L. Proulx advised that the bricks in storage are high quality exterior bricks from the previous demolition and would likely be sufficient in quantity for an adaptive re-use. He pointed out that it would be difficult to guarantee salvage of only exterior bricks from the current demolition as they rest at the bottom of sub-layers. Consideration was then given to the quantity of wooden elements to retain and it was concluded that 6 capitals and wooden beams equating to 150 linear ft. would be sufficient for an adaptive re-use. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That only the bricks already in storage from demolition of a previous portion of the Forsyth Building be retained; and further, That wooden elements (beams and columns) from the present demolition of the Forsyth Building equating to 150 linear ft., and 6 capitals, be retained." Carried. Mayor C. Zehr then referred to items listed under New Business as 7 (b) and (c), advising that public notification was given in accordance with the Municipal Act, 2001 that Council would consider adoption of two by-laws this date; being a by-law to change the name of Bankside Drive to Westmeadow Drive and a by-law to close part of Tilt Drive for use as a recreational pathway. Ms. Shelley Wicks, area resident, advised that she was opposed to the name change for Bankside Drive, citing financial hardship and inconvenience of undergoing the process of changing her address. She noted that she had already completed this process only a short time ago, having purchased her property less than 2 years ago. She asked that consideration be given to applying the name change starting from the intersection of the proposed new subdivision rather than re-naming Bankside Drive. Mr. R. Browning, Interim General Manager, Development & Technical Services, advised that applying the name change part way down the street could create confusion for 911 emergency response teams. Councillor C. Weylie noted that Council's approval to change the name was given in September 2003, prior to the delegation having purchased her property and questioned the delay in bringing forward the proposed by-law. Mr. G. Sosnoski advised that he would have to investigate the matter further as he was unsure as to the reason for the delay. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the by-law listed as 9 (I) under By-laws on the Council agenda, regarding a change in name for Bankside Drive, be removed from consideration this date and be referred to the February 13, 2006 Council meeting, to allow for a report regarding the delay in bringing the by-law forward, as well as implications of applying the name change starting from the intersection of the proposed new subdivision." Carried. No delegations responded to an invitation to speak to the proposed by-law to close a portion of Tilt Drive. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the by-law listed as 9 (m) under By-laws on the Council agenda this date, regarding closing a portion of Tilt Drive for use as a recreational pathway, be added for three readings this date." Carried. COUNCIL MINUTES JANUARY 30, 2006 - 30 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." As information on the Centre Block development is coming forward to the February 6, 2006 Finance and Corporate Services Committee meeting, it was agreed to amend Clause 7 of the report dealing with deferral of consideration of City-owned properties on the Centre Block, to refer the matter to the Finance and Corporate Services Committee. The Development & Technical Services Committee report was then voted on Clause by Clause. Clause 7 -Carried, as Amended. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." In regard to Clause 9 of the report, dealing with an Offer to Purchase a parcel of land in the Grand River West Business Park, Mr. R. Regier, Executive Director of Economic Development, advised that the original staff recommendation was inadvertently modified such that it altered the intended purchase price. Mr. Regier requested, and it was agreed, to amend Clause 9 of the report to revise the wording to reflect the original staff recommendation as outlined in staff report CAO-06-008 (K. Weiss). The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 9 - Carried, as Amended. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the report of the Audit Committee be adopted." Voted on Clause by Clause. Clause 1 -Carried. Clause 2 (a), (b) and (c) - Carried. Clause 2 (d) and (e) -Carried. Mayor C. Zehr advised that Regional Council approved the Region's 2006 Budget with an overall increase to the tax rate of 2.59%. Council agreed to the request of Mr. G. Sosnoski to add two additional by-laws for three readings this date, to establish and layout part of Doon Mills Drive as a public highway and to exempt certain lots from part lot control on Terrace Wood Crescent and Deer Ridge Drive. 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. COUNCIL MINUTES JANUARY 30, 2006 - 31 - CITY OF KITCHENER (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172, being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) Being a by-law to provide fora 2006 Interim Tax Levy and for the payment of 2006 Interim Taxes. (e) 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. (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (g) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (h) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (i) Being a by-law to provide for the establishing and laying out of part of Heit Lane as a public highway in the City of Kitchener. (j) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 95 and 96, Registered Plan 58M-226 -Chestnut Hill Crescent. (k) Being a by-law to amend By-law 2006-06 of the Corporation of the City of Kitchener being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (I) Being a by-law to permanently prohibit all motor vehicle traffic from using part of the public highway known as Tilt Drive in the City of Kitchener. (m) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (n) To confirm all actions and proceedings of the Council. (o) Being a by-law to provide for the establishing and laying out of part of Doon Mills Drive as a public highway in the City of Kitchener. (p) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 5, 7, 8 and 9, Registered Plan 58M-270 -Terrace Wood Crescent and Deer Ridge 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 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. COUNCIL MINUTES JANUARY 30, 2006 - 32 - 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. 2006-18) (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. 2006-19) (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. 2006-20) (d) Being a by-law to provide fora 2006 Interim Tax Levy and for the payment of 2006 Interim Taxes. (By-law No. 2006-21) (e) 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. 2006-22) (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2006-23) (g) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2006-24) (h) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2006-25) (i) Being a by-law to provide for the establishing and laying out of part of Heit Lane as a public highway in the City of Kitchener. (By-law No. 2006-26) (j) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 95 and 96, Registered Plan 58M-226 -Chestnut Hill Crescent. (By-law No. 2006-27) (k) Being a by-law to amend By-law 2006-06 of the Corporation of the City of Kitchener being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2006-28) COUNCIL MINUTES JANUARY 30, 2006 - 33 - CITY OF KITCHENER (I) Being a by-law to permanently prohibit all motor vehicle traffic from using part of the public highway known as Tilt Drive in the City of Kitchener. (By-law No. 2006-29) (m) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (n) To confirm all actions and proceedings of the Council. (By-law No. 2006-30) (By-law No. 2006-31) (o) Being a by-law to provide for the establishing and laying out of part of Doon Mills Drive as a public highway in the City of Kitchener. (By-law No. 2006-32) (p) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 5, 7, 8 and 9, Registered Plan 58M-270 -Terrace Wood Crescent and Deer Ridge Drive. (By-law No. 2006-33) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 7:47 p.m. MAYOR CLERK COUNCIL MINUTES JANUARY 30, 2006 - 34 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That demolition control application DC 05/14/P/AP requesting permission to demolish one single family dwelling located at 527 Pioneer Tower Road, owned by 340268 Ontario Limited, legally described as Con Beasleys Broken Front Pt Lot 12, be approved, without conditions. 2. That the Ministry of Transportation and its contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code, between the hours of 7:00 p.m. to 7:00 a.m. for the period from May 1, 2005 to December 31, 2007, during the reconstruction and improvements of the interchange of Homer Watson Boulevard /Fountain Street /Highway 401 in the City of Kitchener. 3. That the Regional Municipality of Waterloo (Region) continue to be responsible for illumination on Regional roads; and, That the Region consider providing illumination on all Regional roads within the developed urban boundary; and, That the Region reconsider the use of the Illuminating Engineering Society of North America illumination design guidelines instead of the Transportation Association of Canada guidelines when new roadway lighting has been justified by the proposed warrants with respect to the illumination of the adjacent sidewalks; and, That where decorative lights are proposed on Regional roads within the defined Downtown core of the City of Kitchener, or other City Council approved areas where lights currently exist, the Region contribute the cost of standard street lights with the City funding the remaining cost; and, That where pedestrian scale lights are proposed on Regional roads within the defined Downtown core of the City of Kitchener, or other City Council approved areas, the Region contribute 100% of the cost of the pedestrian scale lights; and further, That the Region continue to fund all energy costs of lighting, regardless of the style, on Regional roads. 4. That City staff have discussion with the Regional Municipality of Waterloo in regard to establishing a timeframe for installation of required sidewalks on identified City roads within the Regional road network. 5. That Development and Technical Services Department report DTS-06-014 (Bill 51: Proposed Provincial Planning and Ontario Municipal Board Reform), be received for information and the comments, concerns and questions of Kitchener staff and City Council be communicated to the Ministry of Municipal Affairs and Housing in a timely manner. 6. That the existing Capital Budget funds of $100,000. annually be maintained for the implementation of traffic calming measures; and further, That a report be prepared for a future Development and Technical Services Committee meeting on completion of the 2006 traffic calming Environmental Assessment studies and the permanent installation of the 2005 traffic calming measures, to update the Committee on the funding projections and the timing of future permanent installations. 7. That at the February 6, 2006 Finance and Corporate Services Committee meeting, Council proceed to consider Heritage Kitchener's recommendation regarding only the City-owned properties located within the Centre Block, being 11 Young Street (Mayfair Hotel), 156-158 King Street West (former Hymmen Hardware) and 48 Ontario Street North (former Legion building); and further, COUNCIL MINUTES JANUARY 30, 2006 - 35 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (CONT'D) 7. (Cont'd) That consideration of the listing of privately owned properties within the Centre Block be deferred until such time as the process for public consultation regarding adding non- designated properties to a Heritage Register has been completed. (As Amended) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from April 27 to May 7, 2006, subject to the following: Hours of operation; and, Date Start Close Thursday, A ril 27 3:30 m 10:00 m Friday, A ril 28 3:30 m 11:00 m Saturday, April 29 10:00 am 11:00 pm Sunday, A ril 30 Noon 10:00 m Monday, May 1 to Thursday May 4 3:30 m 10:00 m Frida , Ma 5 3:30 m 11:00 m Saturday, May 6 10:00 am 11:00 m Sunday, May 7 Noon 9:00 pm That the music at the Midway be turned down at 8:00 p. m. except on 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 anon- 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 2. That the General Manager of Community Services and his/her designates be authorized to execute, on behalf of the City of Kitchener, lending agreements satisfactory to the City Solicitor, with users, operators and/or borrowers of the Terra Trek All-Terrain Wheelchair owned by the City, which is to be made available for community use as outlined in Community Services Department report CSD-06-004. 3. That the short form wording and suggested set fine amounts for the offences under Chapter 530 (Dogs) of the City of Kitchener Municipal Code, be approved, as set out in Schedule "A" appended to Corporate Services Department report CRPS-06-012; and further, That the City Solicitor be authorized to submit this matter to the Regional Senior Judge of the Ontario Court of Justice for the establishment of these set fines. 4. That the Business Case for the new Twin Pad Arena as appended to Corporate Services Department report CRPS-06-004 be accepted, and staff proceed with the design development phase of the project on the basis of a B / C Class building, with a preliminary budget estimate of $15.5M (2007 dollars) and an estimated 2006 cost of between $800,000. and $1 M; and further, That staff be authorized to hire, through the standard consultant hiring procedure, an architect for the design development component, and a construction manager to participate in both the design development and construction phases of the project. COUNCIL MINUTES JANUARY 30, 2006 - 36 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 5. That an annual fund of $12,000. be established to promote Wellness initiatives, programming and events with the monies to be funded from the City's Fringe Benefit Account as outlined in Chief Administrator's Office report CAO-06-006. 6. WHEREAS Raisa Rattsan gave the Corporation of the City of Kitchener notice on October 3, 2005 that she would be seeking a liquor licence for premises known municipally as 91 Queen Street South; and, WHEREAS the information provided by the Applicant was reviewed by the City's Liquor Licence Review Committee in consultation with members of the public; and, WHEREAS the information provided by the Applicant and the Liquor Licence Review Committee was considered by the City's Finance and Corporate Services Committee held on January 23, 2006; and, WHEREAS the Applicant has indicated that she does not intend to hire any security staff, the Applicant has not provided sufficient detail to demonstrate venue operation with regard to sitting and standing occupancy, the Applicant has failed to display a placard at the proposed location as required by the AGCO; THEREFORE BE IT RESOLVED that the Council of The Corporation of the City of Kitchener (the "City") has determined and submits pursuant to section 7(4) of the Liquor Licence Act and 7.1(1) of Regulation 719 there under that issuance of a liquor licence to Raisa Rattsan (the "Applicant") for the establishment "Relax", to be located at 91 Queen Street South, Kitchener is not in the public interest having regard to the needs and wishes of the residents of the municipality, and accordingly, Council opposes the application and requests a hearing to be held on behalf of the residents of the municipality; and, BE IT FURTHER RESOLVED that Council directs staff to request the Alcohol and Gaming Commission of Ontario (the "AGCO") to attach the conditions listed below to the Applicant's liquor licence should the AGCO issue the licence in spite of Council's opposition; and, BE IT FURTHER RESOLVED that Council authorize staff to enter into an agreement with the Applicant should she be willing, wherein the Applicant agrees to abide by the following conditions as private conditions with the City and may also agree to request the conditions be added to her licence if the AGCO chooses to issue the licence in spite of Council's opposition: 1. To install a commercial kitchen facility in the establishment prior to commencing operation; 2. To post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 3. To become a member of the Kitchener Downtown Business Association's License & Entertainment Committee and attend its meetings; 4. To abide by a set 40% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in his application (in other words, alcohol sales will be limited to 40% of gross refreshment sales); 5. To stop serving alcohol by 1:00 a. m. daily; 6. To voluntarily surrender the liquor license to the AGCO should the applicant cease to operate this establishment in the future; 7. To notify the Clerk of the City of Kitchener in writing of any applications to change the license at the time the application for the change is made to the Alcohol and Gaming Commission, and not to expand the establishment without the consent of the City's Council; 8. To comply with the noise by-law and the smoking by-law; 9. These conditions shall bind all successors, assigns and subsequent licence holders (if any); and, BE IT FINALLY RESOLVED that Council requests that the AGCO acknowledge receipt of this resolution and advise City staff of any hearing date. COUNCIL MINUTES JANUARY 30, 2006 - 37 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. That consideration of the following motion be deferred and referred to the Chief Administrative Officer to be addressed in a report she is developing regarding Regional tourism initiatives: That the Economic Development Advisory Committee urges the Mayor to include tourism, and the establishment of DMO (Destination Marketing Organization) at the Regional level at the forthcoming meetings, that will be held between the Mayors of the Region, and the Regional Chairman; and further, That this new Tourism initiative to be set up to be industry driver. 8. That the proposed revisions to office and furniture standards for City Hall and other facilities as outlined in Corporate Services Department report CRPS-06-002 be adopted; and, That approval be given in principle to the increased use of modular furniture where appropriate, subject to Council review of the related furniture tender; and further, That consideration of the request for additional funding with respect to office renovations/furnishings be referred to budget deliberations on January 30, 2006. 9. That the conditional Offer to Purchase from Broda Enterprises Inc. for part of Part 12, Reference Plan 58R-14324, being a parcel of land in the Grand River West Business Park, having an area of approximately 4.31 acres at a price of $150,000. per acre, for a total purchase price of $656,500., be accepted; which includes an additional sum of $10,000. to cover severance and service costs to accommodate the severance of the remaining 2.56 acres which will then be sold; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor to complete the sale transaction. (As Amended) AUDIT COMMITTEE - 1. That the 2006 work plan for Performance Measurement and Performance Review, as outlined in the attachment to the January 16, 2006 Audit Committee Agenda, be approved. 2. That Chief Administrator's Office report CAO-06-004, dated January 3, 2006 and the attached summary report on the comprehensive review of the City's Corporate Communications and Marketing Division, dated January 2006, be received for information; and further, That the following key recommendations contained in the Chief Administrator's Office report be approved: a) Maintain a centralized Corporate Communications & Marketing function. b) Create and communicate the exact wording of the Division mandate which focuses on informing the public, staff and Council of the Corporation's services, key decisions, how public funds are being spent, and to manage communications issues as they arise, providing correct and clear information in a timely manner. The mandate should also include responsibility to maintain the corporate identity and help maintain consistency across all external City communications and publications. c) That the mandate of the Communications and Marketing Division be examined in relation to support for Council and individual Councillors and opportunities be investigated to provide appropriate support. COUNCIL MINUTES JANUARY 30, 2006 - 38 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL AUDIT COMMITTEE - (CONT'D) 2. (Cont'd) d) Reduce the scope of work performed by removing tasks which either do not add value or do not fit within the mandate, and communicate services available to the Corporation. e) Maintain the current staff complement and organizational structure and monitor appropriateness in the future given narrower Division mandate and scope. COUNCIL MINUTES JANUARY 30, 2006 - 39 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. Committee of Adjustment Decisions -Various It was resolved: "That the application of the Colloquim Investments Inc. (Submission No. SG 2006-001 - 842 Victoria Street North) requesting permission to erect a canopy sign to have a sign face height of 1.5 m (4.92 ft.) rather than the permitted 1 m (3.2 ft.) on Lot 49, Registered Plan 763, being Part 1, Reference Plan 58R-4210, 842 Victoria Street North, Kitchener, Ontario, BE APPROVED." - and - "That the application of the Waterloo Catholic District School Board (Submission No. SG 2006-002 - 505 Franklin Street North) requesting permission to erect a ground sign to have a maximum height of 2.825 m (9.26 ft.) rather than the permitted 1.5 m (4.92 ft.), and a maximum sign area of 6.2 m2 (66.73 sq. ft.) rather than the permitted 4 m2 (43.05 sq. ft.) on Block D, Registered Plan 1170, and Part Block A, Registered Plan 1152, 505 Franklin Street North, Kitchener, Ontario, BE APPROVED."