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HomeMy WebLinkAboutCouncil - 2006-02-27COUNCIL MINUTES FEBRUARY 27, 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 Kamila Wysocki, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held February 13, 2006 and special meetings held February 13 & 20, 2006, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon agreed to provide information to Councillor J. Gazzola concerning the disbursement of the Region of Waterloo's contribution to the Victoria Street Reconstruction Project as it relates to Tender T05-042 (Lighting Poles and Luminaires). In regard to Tender T06-008 (Onward Avenue Reconstruction) and in all cases of road reconstruction, members of Council requested that staff exercise due diligence in inspecting replacement landscaping on completion of the road work to ensure the contractor has met requirements of the tender. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T05-042, Lighting Poles and Luminaries, be awarded to Graybar Electric, Kitchener at their tendered price of $275,219.12 including G.S.T and P.S.T." - and - "That Expression of Interest E05-087, Consultant Services -Civic Centre Neighbourhood Heritage Conservation District Study and Plan, be awarded to Stantec Consulting Ltd., Kitchener at their fee of $59,952.53, including disbursements of $4,150.40 and G.S.T., based on a satisfactory contract being negotiated; and further, That the Director of Purchasing be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T06-004, Bleachers -Peter Hallman Ball Yard, be awarded to Laurentian Gymnastics Industries (1970) Ltd., Brampton at their negotiated tendered price of $235,522., including P.S.T. & G.S.T." - and - "That Expression of Interest E06-012, Prequalification of General Contractors for Addition and Renovations to Victoria Hills Community Centre, 10 Chopin Drive, Kitchener be approved and that the following list of General Contractors be issued tender packages for the project: • CRD Construction Ltd. Guelph • Dakon Construction Ltd. Waterloo • Melloul-Blarney Construction Inc. Kitchener • Nith Valley Construction Ltd. New Hamburg • PM Contracting Ltd. Kitchener • Reid & Deleye Contractors Ltd. Courtland • Tambro Construction Ltd Guelph." - and - "That Expression of Interest E06-013, Prequalification of Mechanical Sub-Contractors for Addition and Renovations to Victoria Hills Community Centre, 10 Chopin Drive, Kitchener be approved: • Brenner Mechanical Inc. Waterloo • Dean Lane Contractors Inc. St. Agatha COUNCIL MINUTES FEBRUARY 27, 2006 - 61 - CITY OF KITCHENER • Nelco Mechanical Limited Kitchener • The Roberts Group Kitchener." - and - "That Expression of Interest E06-014, Prequalification of Electrical Sub-Contractors for Addition and Renovations to Victoria Hills Community Centre, 10 Chopin Drive, Kitchener be approved. • Gremar Electric Ltd. Etobicoke • Kearsley Electric Limited Kitchener • Harold Stecho Electric Ltd. Waterloo." - and - "That Tender T06-001, Concrete Sidewalk & Curb Construction and Repairs, be awarded to 410754 Ontario Limited, o/a Sousa Concrete, Branchton, Ontario at their corrected tendered price of $574,283.66, including contingencies of $23,370. 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 Tender T06-008, Onward Avenue Reconstruction (King Street East to Weber Street East), be awarded to Terracon Underground Ltd., Brantford, Ontario at their tendered price of $1,329,371.51, including provisional and contingency items of $130,750. and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Albert Norris, Kitchener resident, attended in regard to Clause 6 of the Development & Technical Services Committee report of this date, dealing with amendments to the City's Brownfield Remediation Community Improvement Plan. Mr. Norris requested that a public hearing be held to consider imposing regulations regarding the demolition /remediation of commercial properties. Mr. J. Willmer, Director of Planning, advised that the intent of Clause 6 of the report is to clarify eligibility criteria for projects and remediation costs, whereas Mr. Norris' concerns relate to an issue of authority over demolition control. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 6 of the Development & Technical Services Committee report of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Voted on Clause by Clause Clause 6 - Dealt with under Delegations and Carried. Balance of report -Carried. COUNCIL MINUTES FEBRUARY 27, 2006 - 62 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. Councillor B. Vrbanovic referred to Clause 4 of the report dealing with a request from Mr. Mark Irvine to waive payment of costs associated with an oil spill on Peter Street. This matter was deferred at the February 20, 2006 Finance and Corporate Services Committee meeting and referred for consideration this date to allow receipt of additional information. It was noted that Mr. Irvine was not in attendance this date. Council was in receipt of Development & Technical Services Department report DTS-06-035 (R. Browning), dated February 21, 2006, regarding Fire Department responses to spills of contaminated materials into the environment. Council also received an email transmission (K. Currier), dated February 24, 2006 detailing the incident on Peter Street, Operations responses to spills and financial aspects of cost recovery related to the clean-up costs for the Peter Street incident. Ms. L. MacDonald, City Solicitor, advised that under the Environmental Protection Act such incidents are reportable to the Ministry of the Environment and the person responsible for an incident is accountable for reporting and any associated remedial costs incurred by the City. Mr. K. Currier advised that he had spoken with Mr. Irvine, who had verbally advised that his insurance deductible was $300. and that he anticipated his insurance rate would increase if a claim was made. Mr. Currier advised that the latter was unsubstantiated. On motion by Councillor B. Vrbanovic, seconded by Councillor M. Galloway, it was agreed to amend Clause 4 of the Finance and Corporate Services Committee report by deleting the deferral clause and replacing it with provision to reimburse Mr. Irvine up to $300. of the clean-up costs, subject to evidence being provided to show that the deductible portion of his insurance policy was not covered by the insurance provider. The Finance and Corporate Services Committee report was then voted on Clause by Clause Clause 4 -Carried, as Amended. Balance of report -Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Council was in receipt this date of Community Services Department report CSD-06-031 (E. Harris), dated February 24, 2006, in which additional information was provided concerning the sale of assets of the former KOR Gallery. At the February 13, 2006 Council meeting, consideration was given to a recommendation arising from the February 6, 2006 Community Services Committee to decline an offer to purchase the remaining assets in the Gallery, save and except specific pieces of sculpture. The Committee's recommendation was deferred and referred by Council to a future Community Services Committee meeting, pending a report outlining the status of associated assets and liabilities. Ms. A. Pappert, General Manager of Community Services, advised that notwithstanding the deferral, staff are requesting direction regarding bidding on assets other than the sculptures, as bidding is to close at midnight this date. COUNCIL MINUTES FEBRUARY 27, 2006 - 63 - CITY OF KITCHENER Ms. C. Sadeler advised that the sculptures have not been included in the items for sale at this time. She noted that the KOR Board of Directors expects to be in a position by the end of the week to determine from the sale proceeds if they have sufficient funds to cover their liabilities without sale of the sculptures. Councillor J. Gazzola referred to several previous requests he had made for a list of liabilities and creditors which he has not received, and suggested that no action should be taken until the list is provided. Ms. Sadeler advised that requests have been made to the Board of Directors but the list has not been forthcoming. She added that better information concerning the assets and liabilities should be available by the end of this week. Ms. Pappert added that evidence has been provided that substantiates the KOR Gallery as the owner of the sculptures and they have the right to sell them if deemed necessary to cover liabilities. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That notwithstanding Council's deferral resolution of February 13, 2006 the offer to purchase the assets remaining in the KOR Gallery be declined, save and except the sculptures outlined in Community Services Department report CSD-06-019, subject to a staff report outlining the status of associated assets and liabilities." Carried. Mayor C. Zehr acknowledged the work of Christiane Sadeler who is returning to her former position at the Region of Waterloo following a 13-month secondment with the City of Kitchener as Interim Director of Community Programs and Services. At the request of Councillor G. Lorentz, Mayor C. Zehr provided an update on the impending closure of the B. F. Goodrich plant. He advised that through teleconferencing with representatives of Michelin it has become more evident that the decision is irreversible. Mr. R. Regier, Executive Director of Economic Development, added that the reasons given for the closure relate to reduced demand for the lower end tires made at the plant and an excess in capacity roughly equal to the productivity of the Canadian plant. Accordingly, it is Michelin's intent to close the Canadian plant and move production to the American plants to improve its productivity. Mayor Zehr added that the question was raised with regard to reported company profits as they relate to Michelin's claim that the Canadian plant is not profit producing. The response given indicated that the Canadian plant is producing low-end tires whereas market trends are increasing toward higher-end products produced by the American plants. Mayor Zehr advised that discussions as to what the closure means for the community and the plant workers are ongoing, noting that Michelin has established a development fund to assist displaced workers with finding new jobs. In regard to plans Michelin may have for disposal of the property, Mayor Zehr advised that the City has clearly stated its intention to maintain the property as employment lands. Councillor G. Lorentz expressed the opinion that more should be done to attempt to keep the plant open and all levels of government called upon to participate. Mayor Zehr stated that a position is being developed for discussion with Michelin representatives who will be in the City in the near future. Mayor C. Zehr commented on Regional issues, advising that Regional staff have prepared a report that recommends no action be taken on the City's request to re-consider four lanes for Ira Needles Boulevard. Based on traffic research they contend that the additional lanes are unwarranted at this time. Councillor G. Lorentz expressed the opinion that the Region should install four lanes upfront while there is opportunity to take advantage of today's costing and minimize traffic disruption. Councillor C. Weylie suggested that Regional staff take into consideration that when Fischer-Hallman Road was originally built, widening from Victoria Street to University Avenue was required to be moved ahead by 10 years due to higher than anticipated traffic demands. At the request of Mayor C. Zehr, Mr. J. Willmer agreed to include a copy of the Region's year-end 2005 Population and Household Estimates document as an information item on the March 20, 2006 Development & Technical Services agenda. At the request of Councillor C. Weylie, Mr. L. Gordon agreed to determine the feasibility of adding the traffic calming work outlined in a petition received from Ms. Heather Johnston to the tender for reconstruction of Homewood Avenue. COUNCIL MINUTES FEBRUARY 27, 2006 - 64 - CITY OF KITCHENER Council agreed to the request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add one additional by-law for three readings this date relative to Clause 6 of the Development & Technical Services report, dealing with an amendment to the Brownfield Remediation Community Improvement Plan. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control -Block 168, Registered Plan 58M-331 -Colton Circle. (b) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 5, Registered Plan 58M-295 - Sugarmill Court. (c) Being a by-law to exempt certain lots from Part Lot Control -Part Block 4, Registered Plan 58M-295 - Woodsmere Drive. (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (f) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (g) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (h) 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. (i) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (j) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (k) 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. (I) To confirm all actions and proceedings of the Council. (m) Being a by-law to amend the Brownfield Remediation Community Improvement Plan. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. COUNCIL MINUTES FEBRUARY 27, 2006 - 65 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control -Block 168, Registered Plan 58M-331 -Colton Circle. (By-law No. 2006-50) (b) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 5, Registered Plan 58M-295 - Sugarmill Court. (By-law No. 2006-51) (c) Being a by-law to exempt certain lots from Part Lot Control -Part Block 4, Registered Plan 58M-295 - Woodsmere Drive. (By-law No. 2006-52) (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (By-law No. 2006-53) (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2006-54) (f) 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. 2006-55) (g) 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. 2006-56) (h) 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. 2006-57) (i) 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. 2006-58) COUNCIL MINUTES FEBRUARY 27, 2006 - 66 - CITY OF KITCHENER (j) 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. 2006-59) (k) 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. (I) To confirm all actions and proceedings of the Council. (By-law No. 2006-60) (By-law No. 2006-61) (m) Being a by-law to amend the Brownfield Remediation Community Improvement Plan. (By-law No. 2006-62) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 8:15 p.m. Carried. MAYOR CLERK COUNCIL MINUTES FEBRUARY 27, 2006 - 67 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Regional Municipality of Waterloo be requested to construct the entire portion of Ira Needles Boulevard to be located within the City of Kitchener, at a width of 4 lanes. 2. That due to the proposed closure of portions of Victoria Street South between Walnut Street and Lawrence Avenue for road reconstruction, the Regional Municipality of Waterloo is requested to install temporary traffic signals at the intersection of Highland Road West and West Avenue. 3. That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of City of Kitchener Municipal Code Chapter 450 (Noise), Article 6, during reconstruction of Victoria Street South from Walnut Street to Lawrence Avenue, between the hours of 7:00 p.m. and 9:00 p.m., from April 3, 2006 to October 31, 2006. 4. That Development and Technical Services Department report DTS-06-026 (Triplex Dwelling Open House Summary Report of Comments and Feedback) be received for information; and, That Planning staff present the findings in DTS-06-026 to the Safe & Healthy Community Advisory Committee for consideration of and response to the issues, and to discuss future public engagement; and further, That Planning staff explore the initiatives listed in Section 5.0 of DTS-06-026 through future Planning initiatives including the review of the City's Official Plan. 5. That the Urban Design Awards judging panel be expanded to include a local urban planner and a local professional engineer/Certified Engineering Technologist (Civil Discipline); and further, That an Urban Design Finalist Award be added to the list of types of awards. 6. That the `Brownfield Remediation Community Improvement Plan' approved by the Minister of Municipal Affairs on November 6, 2003, be amended as follows: (a) That Criteria 5 in Section 4.6 `Project Eligibility Criteria' be repealed and replaced with the following: `5. The proposed Project has completed Phase 1 & 2 Environmental Site Assessments, and the first Building Permit (excluding demolition permits) has not been issued for the proposed project.' (b) That the definition of `Eligible Remediation Costs' in Section 4.5 `Program Incentives' be revised as follows: `b) Eligible Remediation Costs includes only the cost of conducting a Phase 1 and a Phase 2 Environmental Site Assessment (ESA), environmental remediation project costs, associated consultant fees, and costs of complying with a Certificate of Property Use (CPU) under s.168.6 of the Environmental Protection Act as necessary, incurred between November 6, 2003, (i.e., the date of approval of this CI Plan by the Minister of Municipal Affairs & Housing) and the date of issuance of the first Building Permit (excluding demolition permits) for the proposed project.' (Dealt with under Delegations and Carried) COMMUNITY SERVICES COMMITTEE - 1. That the recommendations of the City's Public Art Working Group and Arts & Culture Advisory Committee to approve and install the proposed final commission by 2005 Artist-In-Residence, Tony Urquhart, entitled `Barn Spirit', be endorsed; and further, COUNCIL MINUTES FEBRUARY 27, 2006 - 68 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Tony Urquhart, regarding the Artist-In-Residence Commission, as set out in Community Services Department report CSD-06-020. 2. That the Mayor and Clerk be authorized to execute a Co-operative agreement, satisfactory to the City Solicitor, with Lutherwood (55 Plus Employment Services) as set out in Community Services Department report CSD-06-021. 3. That the 2006 Co-operative agreement with the Kitchener Seniors Tennis Club, be approved, subject to the satisfaction of the City Solicitor; and, That the 2006 memorandum of understanding with the Bits & Bytes Computer Club, be approved, subject to the satisfaction of the City Solicitor; and further, That authorization to annually renew the Kitchener Seniors Tennis Club Co-operative agreement and the Bits & Bytes Computer Club memorandum of understanding be given to the General Manager of Community Services, subject to the satisfaction of the City Solicitor. 4. That a 24/7 Access to Downtown Public Washrooms Working Group be established, comprised of City staff, community representatives from the Downtown Community Health Centre, the Kitchener Downtown Business Association (KDBA), the Working Centre and other appropriate stakeholders; and, That the Working Group develop recommendations and costing for the facilitation of 24/7 access to downtown public washrooms, based on the research set out in Community Services Department report CSD-06-023; and further, That the Working Group present an implementation plan to Council for consideration in 2006, which is to include a communication plan for providing the public with information on the location and operating hours of current public washroom facilities and directional signs. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on June 21, 2006. 2. That the Quarterly Report of Activities and Outcomes for Canada's Technology Triangle (4t" quarter 2005) be received. 3. That subject to a decision being made at the March 20, 2006 Council meeting to proceed with the Request for Expression of Interest/Proposal (RFP) process for the development of a new central library on the Centre Block, a review of project costing in relation to the new library and underground parking be completed, with a report to Council as to the findings of the review prior to public issuance of the Terms of Reference RFP document for the Centre Block project. 4. That the City reimburse Mr. Mark Irvine up to $300. of the costs associated with clean-up of an oil spill onto Peter Street (and into Schneider Creek), subject to Mr. Irvine providing evidence to the City that the comprehensive deductible portion of his insurance policy was not covered by his insurance provider. (Carried, as Amended) COUNCIL MINUTES FEBRUARY 27, 2006 - 69 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 5. That the request of staff to increase funding of the City-wide Staff Recognition Program to $100,000. from $50,000., as outlined in Chief Administrator's Office report CAO-06-011, be deferred and referred for consideration to the April 10, 2006 special Council meeting (Strategic Planning Session) to allow thorough discussion of the issues raised and additional information to be provided, including: a breakdown of the existing program budget; intended use of the additional funds; and clarification of associated concerns related to the recruitment process. HERITAGE KITCHENER - 1. That pursuant to Section 42(4) of the Ontario Heritage Act, the time limit for consideration of Heritage Permit Application HPA 2005-V-019 (541 Queen Street South) be extended to June 30, 2006 to permit the applicant time to present information regarding the necessity of undertaking a Site Plan Application at the June 6, 2006 Heritage Kitchener meeting. COUNCIL MINUTES FEBRUARY 27, 2006 - 70 - 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 Enoineerino Aoreement - Quailridae Subdivision 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 IBI Group, regarding Quailridge Subdivision, Woodhurst Court, (R. P. 1689) D. P. #30T-98204." 2. Dog Designation Appeal Committee Decision It was resolved: "That the decision of the Dog Designation Appeal Committee regarding an appeal filed by Gennady and Alla Klimenko, wherein the Committee hereby affirms the designation of Dangerous Dog applied to `Bissli', a dog owned by Gennady and Alla Klimenko, be ratified and confirmed." 3. Various Tenders Dealt with under Delegations. 4. Proposed Road Closure / Conveyance -Solon Avenue Council considered Corporate Services Department report CRPS-06-030 (L. MacDonald), dated February 22, 2006 regarding the proposed road closure which was authorized by Council resolution on October 17, 2005. Ms. L. MacDonald clarified that closure of the road allowance (Solon Avenue) is required to complete previously approved sale of lands between 79 and 101 Fergus Avenue. She added that on review, it was concluded that the lands serve no useful purpose to the City and should be sold as surplus to the City's needs. It was resolved: "That the closure of a Part of Solon Avenue, an untraveled road allowance, identified as Reserve A, Plan 687, Part Farm Lot, Plan 589, as in 249123, except Part 2, Plan 58R- 829, be approved in principle, and that Legal Services staff be instructed to prepare the required by-law; advertise said by-law in the newspaper; documentation and conveyance of all required easements, subject to completion of an Environmental Assessment, and Reference Plan, if required; and, That all costs associated with the closing and conveyance of that portion of Solon Avenue are to be deducted from the sale proceeds of said part; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by, and to the satisfaction of, the City Solicitor." COUNCIL MINUTES FEBRUARY 27, 2006 - 71 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Release of Easement - 125 Bedford Road Council considered Corporate Services Department report CRPS-06-029 (L. MacDonald), dated February 22, 2006. It was resolved: "That Legal Services be authorized to prepare and register a Transfer Release and Abandonment releasing all the rights of the City contained in Instrument No. 1444347 as it affects Lots 224 - 225, Plan 262, municipally known as 125 Bedford Road, Kitchener; and further, That the Mayor and Clerk be authorized to execute any and all documentation required to facilitate the registration of the said release as approved by the City Solicitor." 6. Committee of Adiustment Decision Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held February 14, 2006. It was resolved: "That the application of John Cloutier & Brian Chard (Submission No. SG 2006-003 - 148 Margaret Avenue) requesting permission to install a wooden ground sign on the front lawn, to advertise a home business; whereas the Sign By-law only permits fascia signs to advertise a home business, on Lots 451 & 454, Registered Plan 376, being Part 2, Reference Plan 58R-861, 148 Margaret Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the sign shall be constructed generally in accordance with the plans submitted with this application." 7. Request for Municipal Significance Designation -Neruda Productions -Cafe Cabaret Council considered Corporate Services Department report CRPS-06-032 (P. Harris), dated February 22, 2006. It was resolved: "That Neruda Productions be granted permission to operate a Place of Refreshment at Victoria Park Pavilion on March 24, 2006 provided the necessary licence, including Health and Fire, is obtained; and further, That since this event is a celebration of our ethnic diversity it be declared an event of "Municipal Significance" for the purpose of liquor licensing."