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HomeMy WebLinkAboutCouncil - 2006-05-08COUNCIL MINUTES MAY $, 2006 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor J. Gazzola. The meeting began with the singing of "O Canada" by Dana Wagner, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held April 24, 2006 and special meetings held April 24 and May 1, 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 Council with additional information concerning Tender T06-030 (Energy Retrofit -Breithaupt Centre) regarding the initial estimated budget for the work and the balance differential between available funding and encumbrances / expenses. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T06-036, Four (4) Rubber Tire Four Wheel Drive Diesel Powered Articulated Utility Tractors for Sidewalk Snow Plowing and Lawn Mowing, be awarded to Work Equipment Ltd., Courtland, Ontario at a total bid price of $494,934.70 which includes four (4) optional salt/sand spreaders at a cost of $25,300., four (4) 14-foot front mounted rotary mowers at a cost of $72,220., three (3) snow blowers at a cost of $27,934.65, one (1) sidewalk sweeper at a cost of $7,460.05, four (4) sets of turf tires at a cost of $10,120., less trade-in of two Trackless LL leaf blowers at $39,100., including G.S.T. and P.S.T." -and- "That Tender T06-024, Road Reconstruction -Strange Street (Victoria Street to Cherry Street), Strange Street (Dominion Street to Park Street) and Elm Street (Strange Street to Limit), be awarded to Sierra Construction (Woodstock) Limited, Woodstock, Ontario at their adjusted tendered price of $2,005,089.59, including provisional items and contingencies of $190,035. 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 T06-030, Energy Retrofit -Breithaupt Centre, be awarded to Resource Industrial Group Inc., Ayr, Ontario at their tendered price of $316,613., including G.S.T. and P.S.T." -and- "That Quotation 006-016, Six Wheel Street Sweeper with a 3.3 Cubic Metre (4.5 Cubic Yd.) Variable High Side Dump Debris Hopper, be awarded to Joe Johnson Equipment Inc, Barrie, Ontario at their quoted price of $232,234.45, including P.S.T. & G.S.T." -and- "That Tender T06-043, One (1) Tandem Dump Truck, be awarded to Team Truck Centres, Kitchener, Ontario, at their tendered price of $125,292.50, including G.S.T. and P.S.T." -and- "That Tender T06-037, Three (3) Tandem Rear Axle Conventional Cab and Chassis, be awarded to Team Truck Centres, Kitchener, Ontario, at their tendered price of $279,036., including G.S.T. and P.S.T." Carried. COUNCIL MINUTES MAY $, 2006 - 134 - CITY OF KITCHENER Council was in receipt of Chief Administrator's Office report CAO-06-036 (C. Ladd), dated May 2, 2006 and attached Discussion Paper dated May 2006, prepared by municipal Chief Administrative Officers in Waterloo Region, regarding the delivery of tourism services. Ms. C. Ladd, CAO, advised that area CAOs have been in discussions concerning a collaborative approach to tourism and collectively they agree that pooling resources and funding under one larger tourism umbrella would improve the appeal of this Region as a tourist destination. The primary function of the new tourism organization would be destination marketing and strategic co-ordination of visitor services and initially serve the Region's geographic area while opportunity to partner with surrounding areas is explored. The organization is proposed to be at-arms-length and not-for-profit with an initial budget in the range of $750,000. - $1 M to be jointly funded by local municipalities, the Region and the tourism industry. Ms. Ladd advised that direction is being requested of Council in respect to endorsement of the Discussion Paper and for its use as a basis for discussion with the tourism industry. Several members of Council spoke in support of the tourism approach as outlined in the Discussion Paper, commenting on the difficulties in marketing individual municipalities as single tourist destinations in the Region and recognizing the benefits of a collective approach to tourism. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the "Discussion Paper Regarding the Delivery of Tourism Services in Waterloo Region" dated May 2006, as attached to Chief Administrator's Office report CAO-06-036, be endorsed as the basis for discussion with the Tourism Industry in Waterloo Region." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." 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 G. Lorentz Carried. Carried. "That Clauses 6 and 7 of the Finance and Corporate Services Committee report be adopted. Councillor M. Galloway declared a pecuniary interest and abstained from all voting and discussion concerning Clauses 6 and 7 of the Finance and Corporate Services Committee report, dealing with requests to implement the Alcohol and Gaming Commission of Ontario's (AGCO) Interim Revenue Model for Pooling Bingo Halls, as he is associated with an organization that derives revenues from bingos. Mayor C. Zehr referred to the wording of Clauses 6 and 7, noting that at the May 1, 2006 Finance and Corporate Services Committee meeting he had initially put forward a motion to defer the requests until September 29, 2006 or until the AGCO implemented a new permanent revenue model, whichever came first. In subsequent discussion with the City Clerk, it was determined that deferral to the September 29 date would be redundant as the interim model expires as of September 30, 2006. Accordingly, the wording of the Clauses has been slightly changed to provide that "no action be taken at this time" which has the same effect of leaving the matter open-ended for future consideration on request by the bingo associations. COUNCIL MINUTES MAY $, 2006 - 135 - CITY OF KITCHENER Clauses 6 and 7 of the Finance and Corporate Services Committee report were then voted on and Carried. Recorded Pecuniary Interest & Abstention: Clauses 6 and 7 -Councillor M. Galloway as he is associated with an organization that derives revenues from bingos. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the balance of the Finance and Corporate Services Committee report, excluding Clauses 6 and 7, be adopted." Carried. Mayor C. Zehr advised that Council at its meeting of April 24, 2006, passed a motion to reconsider adoption of the 2006 Operating and Capital Budgets approved on January 30, 2006; as listed under Unfinished Business on the Council agenda this date. He further advised that pursuant to the Municipal Act 2001, a Notice of Intention to consider an amendment this date to the 2006 Budget was published in The Record on April 25, 2006. Council was in receipt this date of a previously circulated memorandum (P. Houston), dated April 21, 2006, outlining options for allocation of the 2005 year-end operating surplus. Councillor M. Galloway referred to the higher than anticipated year-end surplus of $3.36M, being an increase of approximately $1.86M over the $1.5M estimated at time of budget deliberations. He advised that in bringing forward his motion to reconsider the 2006 budget, it was his intent to propose a reduction in the 2006 property tax increase from 1.65% approved in January, to 0% to be funded from the additional surplus as a one-time contribution to minimize property tax increases for Kitchener ratepayers. Ms. P. Houston advised that the proposed reduction would equate to $1,288,600. of the $1.86M additional operating surplus. Councillors B. Vrbanovic, G. Lorentz and J. Smola spoke in favour of the proposed tax reduction, suggesting that it would be prudent for Kitchener ratepayers to receive a dividend given the higher than anticipated return on investments. Councillor M. Galloway acknowledged staff for their fiscal responsibility in maintaining the City in a healthy surplus position over the past several years, which has allowed the City to achieve lower than average tax rate increases as compared to other similar- sized municipalities. He added, however, that he would like staff to consider adjusting the budget meeting schedule to allow more time to establish accurate budget estimates for Council's consideration. Mayor C. Zehr conveyed comments received in an email from Councillor J. Gazzola in regard to reconsideration of the budget, in which Councillor Gazzola indicated his support for an immediate benefit to citizens as a result of the additional surplus and the need for more accurate estimates to be available at the time of budget deliberations. Mayor Zehr also supported the tax reduction and acknowledged the need to tighten estimates at budget time. Ms. P. Houston advised that to effect the tax reduction, a resolution is required to provide transfer of the appropriate amount from the Tax Stabilization Reserve Fund and inclusion of a generic tax bill insert for the next two years to explain the one-time tax reduction. It is noted that no delegations were registered to speak in regard to re-consideration of the budget and no one present this date responded to an invitation given by Mayor Zehr to address Council concerning this matter. COUNCIL MINUTES MAY $, 2006 - 136 - CITY OF KITCHENER Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the 2006 Operating and Capital Budgets, approved by Council on January 30, 2006, be amended to effect a reduction in the 2006 property tax increase from 1.65% to 0%, as a one- time tax reduction to be funded from the additional operating surplus of $1.86M realized at 2005 year-end, as follows: a) That the 2006 Department Operating Budget, resulting in a 2006 levy for general purposes of $74,169,200. inclusive of the impact of a one-time transfer from the Tax Stabilization Reserve Fund in the amount of $1,288,600., be approved; b) That a decrease in the 2006 tax rate, excluding tax policy changes and including a one- time transfer from the Tax Stabilization Reserve Fund in the amount of $1,288,600., be approved at an estimate of (1.65%); and, c) That the 2006 Tax Stabilization Reserve Fund be approved at ($3,056,000.) resulting in a total net revenues / (expenditures) for reserve funds in 2006 of ($14,453,000.); and further, That a generic tax bill insert be included in the 2006 and 2007 property tax bills to explain the differences in tax billing to Kitchener residents as a result of the one-time property tax reduction." Carried Unanimously by all members of Council present on a recorded vote. Councillor G. Lorentz advised that he gave notice that he would introduce a motion this date to request that Canada Post reconsider its pending relocation of the Downtown Post Office from Gaukel Street to 618 King Street East; as listed under New Business on the Council agenda. Councillor Lorentz commented on the significant investment that the City is making in revitalizing its Downtown, expressing disappointment that Canada Post has chosen to relocate its facility outside of the Downtown. He suggested that it was equally important for senior levels of government to invest in municipal downtowns and by maintaining the presence of a Postal Office in the heart of downtown they would demonstrate commitment to the community. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "WHEREAS Canada Post has recently announced it is relocating the downtown post office to a location outside of the City Centre leaving the heart of our community without a Canada Post presence; and, WHEREAS the local post office has been the central hub of Canadian communities since the founding of our great nation, providing not only a much needed service but also a community meeting point for Canadians in early communities; and, WHEREAS the Federal government should have a major presence and make investments in the heart of a community like Kitchener through Canada Post and its other departments; THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener requests the Minister of Public Works and the President of Canada Post to reconsider the decision to relocate the post office outside of the heart of our City in terms of the Downtown; and, BE IT FURTHER RESOLVED that if Canada Post is not prepared to revisit this decision that City Council strongly urges Canada Post to establish an additional retail outlet in the City Centre in a building appropriate for a major federal service." Carried Unanimously by all members of Council present. Mayor C. Zehr commented on Regional issues, advising that Regional Council approved aone-time funding of $15M for the McMaster University Satellite School of Medicine on the University of Waterloo Downtown Kitchener Health Sciences Campus, slated to open in 2007-2008. COUNCIL MINUTES MAY $, 2006 - 137 - CITY OF KITCHENER Council agreed to a request of Mr. R. Gosse, City Clerk, to add two Municipal Code amending by- laws for three readings this date relative to Clause 5 of the Community Services Committee report (c.210 -Cemeteries) and Clause 5 of the Finance and Corporate Services Committee report (c.712 - Crossbows). Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) A by-law to impose a water rate as a charge upon an owner of land who derives or will or may derive a benefit from water works sufficient to pay the municipal portion of the capital cost of the works. (c) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code with respect to Property Standards. (d) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Centennial Court as shown in Schedule `A' hereto as local improvements. (e) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule `A' hereto as local improvements. (f) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Rothsay Avenue as shown in Schedule `A' hereto as local improvements. (g) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Rothsay Avenue as shown in Schedule `A' hereto as local improvements. (h) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Centennial Road as shown in Schedule `A' hereto as local improvements. (i) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Forwell Road as shown in Schedule `A' hereto as local improvements. (j) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule `A' hereto as local improvements. (k) To confirm all actions and proceedings of the Council. (I) Being a by-law to amend Chapter 712 of the City of Kitchener Municipal Code with respect to Cross-Bows -Long-Bows. (m) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code respecting Cemeteries -Municipal. 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 MAY $, 2006 - 13$ - 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 C. Weylie Seconded by Councillor J. Smola That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. tBy-law No. 2006-99) (b) A by-law to impose a water rate as a charge upon an owner of land who derives or will or may derive a benefit from water works sufficient to pay the municipal portion of the capital cost of the works. tBy-law No. 2006-100) (c) Being a by-law to amend Chapter 665 of the City of Kitchener Municipal Code with respect to Property Standards. tBy-law No. 2006-101) (d) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Centennial Court as shown in Schedule `A' hereto as local improvements. tBy-law No. 2006-102) (e) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule `A' hereto as local improvements. tBy-law No. 2006-103) (f) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Rothsay Avenue as shown in Schedule `A' hereto as local improvements. tBy-law No. 2006-104) (g) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Rothsay Avenue as shown in Schedule `A' hereto as local improvements. tBy-law No. 2006-105) (h) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Centennial Road as shown in Schedule `A' hereto as local improvements. tBy-law No. 2006-106) (i) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Forwell Road as shown in Schedule `A' hereto as local improvements. tBy-law No. 2006-107) COUNCIL MINUTES MAY $, 2006 - 139 - CITY OF KITCHENER (j) To impose a special charge on certain lots sufficient to raise the owners' share of the costs for certain works on Victoria Street North as shown in Schedule `A' hereto as local improvements. (k) To confirm all actions and proceedings of the Council. tBy-law No. 2006-108) tBy-law No. 2006-109) (I) Being a by-law to amend Chapter 712 of the City of Kitchener Municipal Code with respect to Cross-Bows -Long-Bows. tBy-law No. 2006-110) (m) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code respecting Cemeteries -Municipal. tBy-law No. 2006-111) be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned at 7:45 p.m. Carried. MAYOR CLERK COUNCIL MINUTES MAY $, 2006 - 140 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Demolition Control Application DC 06/02/H/AP requesting permission to demolish one single detached dwelling located at 1396 Highland Road West, owned by Sunvest Development Corp., legally described as Part of Lot 39, German Company Tract, shown as Part 1, Reference Plan 58R-1847, be approved without conditions. 2. That the Master Plan, including design requirements and drawing, for the Deer Ridge Commercial Centre located at 4263-4293 King Street East, and attached as Appendix "B" to Development and Technical Services Department report DTS-06-073, be adopted; and further, That the Master Plan and design requirements be implemented through the Site Plan Approval process, with any modifications to the Master Plan being to the satisfaction of the Supervisor of Site Plan Development. COMMUNITY SERVICES COMMITTEE - 1. That the Facilitator of Special Events be authorized to execute the pre-approved Entertainment and Service Provider contracts, to a limit of $20,000., subject to the satisfaction of the City Solicitor and adherence to all Purchasing Guidelines. 2. That the Manager of Golf Courses be authorized to execute an agreement, subject to the satisfaction of the City Solicitor, to rent the Doon Valley Golf Course undeveloped lands Parts 1 & 2, Plan 67R-1686 to Brian Domm Farms Ltd. for the growing of a soybean crop from May 2006, until October 2006. 3. That the Public Art Commission for the renovated Victoria Hills Community Centre entitled `Toyland' by Nicholas Rees, as selected by a public jury in accordance with Council Policies 1- 650 (Percent for Art) and I-485 (Public Art), be endorsed; and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Nicholas Rees regarding the public art commission, conditions of delivery and acceptance of his commission proposal `Toyland', as set out in Community Services Department report CSD-06-056. 4. That the Public Art Commissions for the new Chandler Mowat Community Centre entitled `Place of Friendship' and `Gathering of Hands' by Jim Balzan and Hellen Sturgeon Cumber respectively, as selected by public jury in accordance with Council Policies I-650 (Percent for Art) and I-485 (Public Art), be endorsed; and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Jim Balzan and Hellen Sturgeon Cumber regarding the public art commissions, conditions of delivery and acceptance of the commission proposals' `Place of Friendship' and `Gathering of Hands', as set out in Community Services Department report CSD-06-057. 5. That the draft by-law to amend Chapter 210 (Cemeteries -Municipal) of the City of Kitchener Municipal Code, as attached to Community Services Department report CSD-06-053 and dated March 30, 2006, be adopted; and further, That pursuant to the Cemeteries Act (Revised), staff be directed to forward the amending by- law to the Provincial Registrar of Cemeteries for approval. 6. That the KW Minor Football Association and the South Western Ontario Ball Hockey League, be removed from the list of approved Minor Sport organizations named as insured under the City's Minor Sport Liability Insurance Policy. 7. That $43,000. be transferred from the Capital Contingency Fund, to fund construction of a fence that will surround the swimming area at Kiwanis Park to be completed by the opening date for the 2006 summer season, as outlined in Community Services Department report CSD- 06-055. COUNCIL MINUTES MAY $, 2006 - 141 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 8. That Community Services Department staff be directed to investigate the potential to partner with the YMCA and RBJ Schlegel, for amulti-year lease of meeting, office and community space at the proposed Williamsburg Family YMCA facility, with details of the partnership to be brought to Council for approval, as outlined in Community Services Department report CSD- 06-059. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the request of the World Partnership Walk to sell refreshments in Victoria Park on May 28, 2006 be approved, provided the necessary licence is obtained, including Health and Fire approvals; and further, That the World Partnership Walk be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event in Victoria Park on May 28, 2006 from 11:00 a.m. to 3:00 p.m. 2. That the City of Kitchener has no objection to a liquor licence being issued to Our Lady of Fatima Festival Committee for an event to be held September 2 & 3, 2006 at 1548 Fischer- Hallman Road, Kitchener, provided a building permit is obtained for the erection of any tents; and further, That the event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage that promotes unity and understanding within our community. 3. That the Holy Trinity Serbian Orthodox Church be approved to operate a special event at Holy Trinity Serbian Orthodox Church, 700 Fischer-Hallman Road, Kitchener, on July 29, 2006 from 12 noon to 10:00 p.m. provided the necessary licence, including Health and Fire approvals, is obtained; and further, That the City of Kitchener has no objection to a liquor licence being issued to the Holy Trinity Serbian Orthodox Church for an event on July 29, 2006. 4. That the Kingsdale Neighbourhood Association be granted permission to operate a refreshment stand at Wilson Park from May to September, 2006 on weekday evenings and on the weekends during sporting events being operated at these times, with the exception of the weekends of June 3 & 4, June 10 & 11, June 17 & 18, July 29 & 30 and August 5 & 6, 2006, provided the necessary licence, including Health and Fire approvals, is obtained. 5. That a by-law be enacted to amend Chapter 712 (Cross Bows) of the City of Kitchener Municipal Code to replace Schedule A of that Chapter relating to designated areas of the City where cross bow hunting is permitted and to change the Schedule reference from the prohibited area to the permitted area. 6. That no action be taken at this time regarding the request of K-W Bingo Centre and Kitchener Charities Bingo Association to implement an Alcohol and Gaming Commission of Ontario's (AGCO) Interim Revenue Model. 7. That no action be taken at this time regarding the request of Bingo Country and Concourse Charities Bingo Association to implement an Alcohol and Gaming Commission of Ontario's (AGCO) Interim Revenue Model. 8. That the current selling price of City-owned industrial land be increased from $125,000/acre to $195,000/acre. COUNCIL MINUTES MAY $, 2006 - 142 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 9. That the repurchase of Lot 147 being composed of Parts 16 & 20 on Reference Plan 58R-7426 from 521638 Ontario Limited be authorized for the sum of $147,200., on terms and conditions satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor. 10. That the increases to the following purchase order related to consulting services (Development Charge Appeal) be approved, to be funded as a City operating over-expenditure: Purchase Order #500283 - Hemson Consulting Ltd. -increase from $75,000 to $155,000 plus taxes. 11. That the Regional Municipality of Waterloo Council reports F-06-016 (2006 Tax Ratios and Tax Ratio Strategy) and F-06-017 (2006 Property Tax Capping) be received for information. 12. That funding of $933,000 from the 2006 Provincial Budget Allocation for roads and bridges, ($331,000 from Uncommitted Infrastructure -Sanitary Sewer and $223,000 from Uncommitted Infrastructure Water) be allocated to roads and bridges projects as follows: • Krug Street (Rose to Lancaster) Reconstruction $505,000; • Duke Street (Wellington to City Boundary) Reconstruction $232,000; and, • Additional Sidewalks $750,000. 13. That Chief Administrator's Office report CAO-06-027 (J. MacDonald / S. Wright) and attached "2005 Downtown Monitoring Report" be received as information. 14. That Chief Administrator's Office report CAO-06-030 and attached appendices, on the current status and future directions of the Downtown Strategic Plan, Volume III, be received as information. 15. That staff be directed to commence the process of obtaining a consultant to design and administer aCorporate-wide Employee Culture Survey to City staff. COUNCIL MINUTES MAY $, 2006 - 143 - 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. Engineering Agreement -Riverbank Estates Limited 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 Stantec Consulting Limited, regarding Riverbank Estates Subdivision, Draft Plan #30T-92003." 2. Various Tenders Dealt with under Delegations. 3. Encroachment Agreement -Turkish Kitchen, 98 Kinq Street West Council considered Corporate Services Department report CRPS-06-074 (J. Sheryer), dated May 1, 2006, regarding a request for a sidewalk patio at 98 King Street West. It was resolved: "That subject to the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor with the owner(s) or operator(s) of Turkish Kitchen, located at 98 King Street West, for the operation of a sidewalk patio for the period commencing the date this agreement is signed by all parties to October 31, 2006." 4. Liquor Licence Application -Lotus Leaf Restaurant -151 Kinq Street West Council considered Corporate Services Department report CRPS-06-073 (P. Harris), dated May 3, 2006. It was resolved: "That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, that Council withdraw its resolution of May 9, 2005 opposing issuance of a liquor licence for the establishment to be located at 151 King Street West and take no action to oppose the application for a liquor license for "Lotus Leaf Restaurant" (also known as Midnight Bar, also known as Lucky Man Restaurant), located at 151 King Street West applied for by Van Thi Truong; and further, That the Mayor and Clerk be authorized to execute an agreement with the applicant wherein the applicant agrees to abide by the following conditions and to request they be added to its licence if the AGCO chooses to issue the licence: 1. To post in a conspicuous place and abide by the Downtown Licensed Establishment Code of Conduct; 2. To become a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; COUNCIL MINUTES MAY $, 2006 - 144 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Liquor Licence Application -Lotus Leaf Restaurant - 151 King Street West tCont'd) 3. To abide to a set 65% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in the application (in other words, alcohol sales will be limited to 65% of gross refreshment sales); 4. To stop serving alcohol by 2:00 a.m. daily; 5. To notify the Clerk of the City of Kitchener in writing of any application 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; 6. To comply with the noise by-law and the smoking by-law; and 7. These conditions shall bind all successors, assigns and subsequent licence holders (if any)." 5. Committee of Adjustment Decision Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held April 18, 2006. It was resolved: "That the application of KFR Holdings Limited (Submission No. SG 2006-006 - 21 Third Avenue) requesting permission to erect a canopy sign in a residential zone, to advertise a legal non-conforming business, whereas canopy signs are not permitted in residential zones, on Lot 47, Registered Plan 254, 21 Third Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the canopy sign as approved in this application shall be constructed generally in accordance with the plans submitted with this application." 6. Licensing Tribunal -Red Lantern Restaurant Council considered Corporate Services Department report CRPS-06-075 (R. Gosse), dated May 3, 2006. It was resolved: "That the letter from Mr. Bernard Verbanac (Morel) Kelly Lawyers), dated May 1, 2006, advising that his client is withdrawing their business licence application for a Place of Refreshment (Class A) -The Red Lantern Restaurant, 265 King Street E., be acknowledged; and further, That the licensing tribunal established by Council resolution on April 3, 2006, to hold a hearing into the said licence application, be dissolved." 7. Licensing Hearing -The Doll House, 6 Bridge Street West Council considered Corporate Services Department report CRPS-06-076 (R. Gosse), dated May 3, 2006. It was resolved: "That a hearing be held under the authority of the Municipal Act, 2001, to determine whether or not to revoke, suspend or impose conditions as a requirement of continuing to hold Adult Entertainment Parlour (Class E) Licence 20 06 000286 01 L6, issued to 2027625 Ontario Ltd. for The Doll House, 6 Bridge Street W.; and, COUNCIL MINUTES MAY $, 2006 - 145 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Licensing Hearing -The Doll House, 6 Bridge Street West tCont'd) That Councillors J. Smola, B. Vrbanovic, C. Weylie and M. Galloway (alternate) be appointed as members of the tribunal; and further, That the hearing, to be held at Kitchener City Hall be scheduled as soon as possible and notice be given, following which a report will be submitted to Council for its consideration." $. Federation of Canadian Municipalities (FCM) -International Municipal Partnership Program Council considered this date Chief Administrator's Office report CAO-06-037 (C. Ladd), dated May 4, 2006, concerning an international partnership opportunity in Ghana. It was resolved: "That in keeping with our previous involvement and continuing interest in the Federation of Canadian Municipalities' International Municipal Partnership Program, a partnership between the City of Kitchener and Kumasi Metropolitan Assembly in Ghana be approved, in principle, to commence in 2007; the details of said partnership, once developed, to come forward to Council in the form of an agreement." 9. Minutes of Settlement -Appeal to Ontario Municipal Board - 52 & 90 Woodside Avenue tSterlina Bridge. Owners) Council considered this date Corporate Services Department report CRPS-06-080 (F. McCrea), dated May 8, 2006, concerning terms of settlement in regard to an appeal to the Ontario Municipal Board against municipal plan and zoning amendment applications for 52 and 90 Woodside Avenue. It was resolved: "That the Mayor and Clerk be authorized to execute Minutes of Settlement in respect of the appeal to the Ontario Municipal Board by Weber Supply Company Inc., of a municipal plan amendment and zoning by-law amendment for 52 and 90 Woodside Avenue, in a form satisfactory to the City Solicitor."