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HomeMy WebLinkAboutCouncil - 2007-09-17COUNCIL MINUTES SEPTEMBER 17, 2007 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 Vanessa Witt, King School of Vocal. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, Mayor C. Zehr disclosed a pecuniary interest at the in-camera meeting held September 10, 2007 in respect to a land acquisition /disposition matter. On motion by Councillor C. Weylie, the minutes of the regular meeting held August 27, 2007 and special meetings held August 27 & September 10, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mayor C. Zehr recognized the following staff who have achieved long term membership milestones with the Association of Municipal Managers, Clerks & Treasurers of Ontario (AMCTO): Dianne Gilchrist (20 years); Janet Billett (10 years); Robin Schumacher (10 years); and, Joyce Evans (10 years). Messrs. John Cooper, Co-ordinator of Athletics, and Kevin Harrington, President, K-W Sports Council, provided an overview of the 2007 International Children's Games held in Reykjavik, Iceland, from June 20-25, 2007. A Kitchener team consisting of 12 athletes competed in Judo and Athletics (track and field) and won two 3rd place finishes in Judo. Mr. Harrington advised that K-W Sports Council funded the registration fee and worked actively to seek private donations. He stated that the Sports Council is in the process of creating a trust fund for future donations and requested the City's support of the fund. Ms. Alexa Bender, on behalf of the athletes, extended appreciation to the City, K-W Sports Council and other sports groups who provided support to the Kitchener team. Mayor C. Zehr then presented commemorative team photos and certificates to the Kitchener team and accepted, on behalf of the City, a replica of the team's Viking shield, given by the Mayor of Reykjavik as a commemorative gift. Ms. Avvey Peters, Communitech, presented Council with commemorative T-shirts associated with Entrepreneur Week, taking place from September 28 -October 5, 2007, and invited members of Council to attend planned events. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In regard to Tender T07-068 (Utility Meter Reading Services), Ms. P. Houston, General Manager of Financial Services & City Treasurer, agreed to provide Council with information concerning the difference in costing between in-house services and contracting out services. It was also noted that due to other priorities of Kitchener-Wilmot Hydro, an opportune time to partner in regard to meter reading services has not yet occurred but continues to be explored. At the request of Councillor J. Gazzola, it was agreed to give separate consideration to Tender T07- 024 (McLennan Park Redevelopment -Phase 1), listed as Item B.3 ii) on the Committee of the Whole agenda. All remaining tenders listed under Item B.3 of the Committee of the Whole agenda, were then voted on. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T07-010, Emergency Generator Service and Maintenance, be awarded to Albert's Generator Services Inc., West Lorne, Ontario at their tendered price of $69,242.97, including G.S.T., for one (1) year with an option to renew for three (3) additional one-year terms." -and- COUNCIL MINUTES SEPTEMBER 17, 2007 - 214 - CITY OF KITCHENER "That Tender T07-068, Utility Meter Reading Services, be awarded to Olameter Inc., Aurora, Ontario, at their tendered price of $458,297.15, including G.S.T., for an initial one (1) year term, with an option to renew for an additional four (4), twelve (12) month terms." -and- "That Quotation 007-046, Street Lighting Luminaires -Supply Only, be awarded to Litemor Distributors, London, Ontario, at their quoted price of $41,186.48, including G.S.T. & P.S.T." -and- "That Quotation 007-054, One (1) 1,451 kg (3,200 Ib) Self Propelled Double Drum Vibratory Roller, be awarded to CRS Contractors Rental Supply, Kitchener, Ontario at their quoted price of $27,126.30, including G.S.T. & P.S.T." -and- "That Proposal P07-069, Electrical Services, be awarded to Harold Stecho Electric Ltd., Waterloo, and Miller's Electric Limited, Kitchener, at their proposed rates for aone-year period, with an option to renew for up to two (2) additional twelve (12) month terms, with an estimated annual value of this requirement is $132,000." -and- "That Proposal P07-072, Authorized Contractors for Natural Gas Rental Water Heater Installations, be awarded as follows, for two (2) years commencing October 1St, 2007 and terminating September 30th, 2009, including an option to extend for two (2) additional twelve (12) month terms, subject to mutual agreement: • Primary Contractor Status: Triple Eight Plumbing & Heating Inc., Waterloo; 4 Seasons Heating & Cooling, Waterloo; Tiger Plumbing Inc., Waterloo; and Aire One KW Heating & Cooling, Kitchener." -and- "That Tender T07-028, Quality Assurance Material Testing Services, be awarded to Naylor Engineering Associates Ltd., Kitchener at their tendered price of $75,933.10, including G.S.T. for one year, with an option to renew for three (3) additional one-year periods." Carried. Councillor J. Gazzola spoke in opposition to Tender T07-068 (McLennan Park Redevelopment - Phase 1), relative to the re-allocation of funding for the project. He commented on differences in cost estimates from the original report presented in April 2007, suggesting there is too large a discrepancy to proceed without further review of the overall project. Mr. G. Hummel stated that a review was undertaken in regard to a number of factors related to the redevelopment of the site and cost estimates, resulting in items being redistributed and funding reallocated throughout the four phases of the project. He stated that with the reallocation, staff is now confident that the project will not exceed $4.6M. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender T07-024, McLennan Park Redevelopment -Phase 1, be awarded to Pacific Paving Limited, Mississauga, Ontario at their reduced tendered price of $954,462.05, including provisional items and contingency of $244,198.90. & G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. COUNCIL MINUTES SEPTEMBER 17, 2007 - 215 - CITY OF KITCHENER Council then considered Clause 11 of the Finance and Corporate Services Committee report of this date, dealing with reallocation of funding for purpose of awarding Tender T07-068 (McLennan Park Redevelopment -Phase 1). Councillor J. Gazzola was also opposed to Clause 11 of the Finance and Corporate Services Committee report for the same reasons noted in regard to Tender T07-068. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That Clause 11 of the Finance and Corporate Services Committee report of this date be adopted." Carried. Mr. Victor Labreche, Labreche Patterson & Associates Inc., attended in support of Item B.1 of the Committee of the Whole agenda, concerning an encroachment agreement with the owner of 248 Stirling Avenue South to legalize a driveway entrance extending onto the Iron Horse Trail from Courtland Avenue. Mr. Labreche noted that the driveway entrance has existed for over 25 years and the proposed agreement is required as a condition of site plan approval. He pointed out that the extent of the encroachment is being reduced by converting the entrance to a right-in-only access. Councillor J. Gazzola inquired as to the feasibility of selling the lands to the property owner if they are not needed by the City, rather than entering into an encroachment agreement. Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that staff could investigate future sale of the lands to the property owner; however, she suggested that at this time, the encroachment agreement should proceed to enable the owner to meet conditions of the site plan approval. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the owner of the property municipally known as 248 Stirling Ave. S. (PIN 22505-0019), to legalize a driveway entrance which extends 5.2 square metres, more or less, onto the Iron Horse Trail." Carried. Mayor C. Zehr advised that several delegations were registered to speak to Development and Technical Services Department report DTS-07-149 (Addendum to DTS-07-056 -New Sign By-law - Revised), listed as Item 7 (a) under Unfinished Business on the Council agenda. Mr. Michael Gaudreau, React Mobile Signs, advised that he generally supports the new by-law but requested that consideration be given to grandfathering businesses that will not be able to meet new regulations regarding the separation distance between ground supported and portable signs. Mr. Brian Page, Supervisor of Site Plan Development, advised that staff looked at as many sites as possible to determine the number that may be affected and of those reviewed, only two appear to have the potential to be affected by the new regulations; however, it was felt that in those instances there was opportunity for changes to be made so as to conform within the new by-law. He noted that staff intends to report back to Council within one year with any concerns that may need to be further addressed in respect to the new regulations. He asked that approval of the new Sign By-law proceed this date and should it become known in respect to any businesses that are unable to meet the new distance separation, the matter be dealt with as part of the follow-up review. Councillor B. Vrbanovic requested that staff not wait until the one year review but rather bring concerns of this nature forward at the time they become known. Mr. Dave Lamka, A-Z Signs, circulated a written submission this date and read from a prepared statement advising that in his opinion as long as fairness is applied in regard to approving portable sign locations and the new Sign By-law is enforced, the new regulations as proposed should be successful. He added that in the event it appeared the new by-law was not working, he would be back to Council to have his concerns addressed. COUNCIL MINUTES SEPTEMBER 17, 2007 - 216 - CITY OF KITCHENER Mr. Lamka advised that he thought the proposed solution to dealing with businesses potentially affected by the new separation distance for portable signs is reasonable and inquired if same could be applied to measuring from property line to property line. Councillor G. Lorentz suggested that a common sense approach should be used in regard to enforcement of sign locations. Mr. B. Page pointed out that the property referred to in Mr. Lamka's letter is on Highland Road which is a Regional road and it was a request of Mr. Lamka to clearly delineate the property lines so as to assist him in proper placement of the signs. Councillor G. Lorentz referred to a suggestion in Mr. Lamka's letter regarding a change in regulations pertaining to use of portable signs by a charitable organization and requested clarification. Mr. S. Turner, Director of By-law Enforcement, advised that currently the by-law provides that charitable groups may be issued two sign permits in any one calendar year, at no charge, to advertise a charitable organization or charitable event; and each sign is valid for a period of 30 continuous days. Mr. Lamka's suggestion was to allow 4 permits per calendar year. In response to Councillor Lorentz, Mr. Page asked that, having only received Mr. Lamka's letter prior to this meeting, Mr. Lamka's request be referred for consideration as part of the one-year review to allow proper consideration of the effects of the proposed change. Mr. Scott Piatkowski spoke in support of his previous request to allow erection of campaign signs for a period of greater than 45 days to enhance the democratic process and increase interest in municipal elections. Mayor C. Zehr commented that in reviewing practices in other municipalities, of those who limit the number of days to erect a campaign sign, the range is between 21 days to 45 days. Mr. Brian Page circulated a copy of Appendix `A' to the new by-law which was missed from the original circulation and advised that no changes had been made to the Appendix. At the request of Councillor G. Lorentz, it was agreed that staff would update Council within a period of four months as to how the new by-law was functioning and apprise Council of any concerns that may need to be addressed. Councillor B. Vrbanovic suggested that in respect to the timing for erection of campaign signs, there would be subsequent opportunity in the coming year to consider the issue again when a report from the Voter Turnout Committee is brought forward for consideration. At the request of Councillor B. Vrbanovic, it was agreed that staff further review regulations pertaining to use of portable signs by charitable organizations to determine the feasibility of permitting more signs per year at shorter intervals. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the proposed by-law dated September 17, 2007, attached to Development and Technical Services Department report DTS-07-056, to repeal and replace the existing Sign By-law number 2005-194, be adopted; and, That the new Sign By-law be incorporated into The City of Kitchener Municipal Code; and, That the proposed new fee for awning signs, banner signs, new home development signs and enforcement fees, as outlined in report DTS-07-056, be approved and implemented effective October 1, 2007 and subsequently included in the 2008 comprehensive schedule of fees and charges; and, That By-law Enforcement staff be directed to actively enforce all types of signs in the sign by- law; and, That the By-law Enforcement Division report back to Council on the resource implications if Council approves active enforcement for all sign types; and further, That staff report back to the Development and Technical Services Committee by December 2008 regarding the application of the new Sign By-law including any recommendations for COUNCIL MINUTES SEPTEMBER 17, 2007 - 217 - CITY OF KITCHENER changes as may be applicable at that time and including an assessment of the effect of any new Regional Sign By-law." Carried Unanimously. Ms. Jessica Westlake-Ferneyhough raised concerns with regard to waste management in Victoria Park, asking that City staff who maintain the garbage bins take time to pick up any other garbage in the park that does not make it into the containers. She also asked that garbage be cleaned out of the storm water pond to prevent it from traveling into the sewer system. Ms. A. Pappert, General Manager of Community Services, gave assurance that staff would review waste management practices in the park, adding that in respect to the storm water pond, a garbage collection grate is in place to collect garbage from the water and is regularly maintained. Ms. Julia Bandura, Ms. Dianne Roedding and Mr. Gerald Liebman attended in support of Clause 5 of the Development and Technical Services Committee report, dealing with Zone Change Application ZC 06/18/E/JB (47 Ellis Avenue) which proposes to change the zoning of the property to legalize an existing temporary garden suite as a permanent coach house dwelling unit. Ms. Roedding, applicant, advised that originally the temporary dwelling was used by her aging parents and was to be in place for a period of ten years, after which it was to be converted back to a garage. She stated that the dwelling unit is still needed to care for her sister who is disabled and as a safety net for herself into the future. She expressed the opinion that the request for permanent status of the dwelling was reasonable as it conforms with the low-rise residential style of the area and is in keeping with planning policies that encourage intensification. She added that to her knowledge there have been no complaints or issues raised by area residents in regard to the temporary dwelling. Councillor J. Smola commented that at the Development and Technical Services Committee meeting, Councillor B. Vrbanovic had suggested a solution to allow the rezoning but prohibit duplexing of the main building. He advised that the applicant and most area residents are amenable to this proposal and he would support a move in this direction. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Clause 5 of the Development and Technical Services Committee report dealing with approval of Zone Change Application ZC 06/18/E/JB (47 Ellis Avenue) be amended to delete the deferral paragraph and to provide that duplexing of the main building be prohibited." Ms. Della Ross, Manager of Development Review, responded to questions advising that if approved, the provision to prohibit duplexing of the main building would be permanent provided the coach house dwelling unit was not converted back to a garage. She added that staff could investigate the feasibility of amending the Zoning By-law to invoke similar provisions for all other like instances as part of their annual housekeeping review of the By-law. Councillor Smola's motion to amend Clause 5 of the Development and Technical Services Committee report was then voted on and Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 5 of the Development and Technical Services Committee report of this date, as amended, 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. COUNCIL MINUTES SEPTEMBER 17, 2007 - 21$ - CITY OF KITCHENER Clause 5 - Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That the report of the Finance and Corporate Services Committee be adopted. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, it was agreed to amend Clause 7 of the report, dealing with a liquor licence application for Dallas, 312 King Street West, by deleting Condition 3 and replacing it with new conditions to provide for ahot /cold menu to be available during all operating hours and for the services of at least one paid off-duty police officer to be obtained for Friday and Saturday evenings and any other time deemed appropriate by the owner / manager of the facility. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 7 -Carried, as Amended. Clause 11 -Dealt with under Delegations and Carried. Balance of report -Carried. At the request of Councillor B. Vrbanovic, Mr. R. Gosse, City Clerk, agreed to review existing conditions relative to liquor licence applications in context with requirements of the Alcohol & Gaming Commission of Ontario and report back to a future Finance and Corporate Services Committee meeting. In addition, Mr. Gosse agreed to investigate the feasibility of regulating the licensing of small, medium and large businesses at any one time so as to be manageable and not conflict with surrounding neighbourhoods. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Council then considered Unfinished Business Item 7(b) relative to the 2008 Annual Operating Grant for the Homer Watson House and Gallery. Councillor J. Gazzola advised that the staff of the Homer Watson House have undertaken to complete another survey of comparative industry wages which shows substantially different figures from that provided by City staff and which indicates pay equity has not yet been achieved. He asked that the matter of their grant be deferred again to allow staff of the Homer Watson House to meet with City staff to review this new information. Ms. C. Ladd, Chief Administrator, advised that she had received a request this date from the Homer Watson House and Gallery to meet to discuss this issue and would like the opportunity to do so. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the following recommendation be deferred to the October 1, 2007 Council meeting, pending further discussion between all interested parties: `That the 2008 annual operating grant in the amount of $191,760. to Homer Watson House & Gallery be approved."' Carried. COUNCIL MINUTES SEPTEMBER 17, 2007 - 219 - CITY OF KITCHENER At the request of Councillor J. Gazzola, Ms. A. Pappert agreed to consider the feasibility of not removing garbage containers from public property which would normally be taken in during winter months so as to have at least a number of containers available for public use during the winter. Council agreed to the request of Mr. R. Gosse, City Clerk, to add two additional by-laws for three readings this date, being: a zoning amending by-law (ZC 06/18/E/JB - 47 Ellis Avenue) relative to Clause 5 of the Development and Technical Services Committee report; and, a by-law to regulate signs relative to Unfinished Business Item 7(a). Moved by Councillor J. Smola Seconded by Councillor K. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law 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 amend various Chapters of the City of Kitchener Municipal Code. (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 6 & 7, Registered Plan 58M-327 -Britton Place. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - D. Roedding and S. Harrop - 47 Ellis Avenue. (h) Being a by-law to regulate signs. 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "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 K. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2007-163) COUNCIL MINUTES SEPTEMBER 17, 2007 - 220 - CITY OF KITCHENER (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2007-164) (c) To further amend By-law 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. tBy-law No. 2007-165) (d) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code. tBy-law No. 2007-166) (e) Being a by-law to exempt certain lots from Part Lot Control -Part of Blocks 6 & 7, Registered Plan 58M-327 -Britton Place. (f) To confirm all actions and proceedings of the Council. tBy-law No. 2007-167) tBy-law No. 2007-168) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - D. Roedding and S. Harrop - 47 Ellis Avenue. (h) Being a by-law to regulate signs. tBy-law No. 2007-169) tBy-law No. 2007-170) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:45 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 17, 2007 - 221 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That on-street parking be permitted for two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday -Saturday with no re-parking within five (5) hours of initial parking on the south side of Duke Street East from a point 25 metres west of Cedar Street to a point 10 metres west thereof; and, That on-street parking be permitted for two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday -Saturday with no re-parking within five (5) hours of initial parking on the south side of Duke Street East from a point 15 metres east of Eby Street to a point 30 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 2. That on-street parking be prohibited at anytime on the south (odd house number) side of Sweetbriar Drive from a point 66 metres east of the north intersection of Duncairn Avenue to a point 23 metres east/south thereof; and further, That the Uniform Traffic By-law be amended accordingly. 3. That on-street parking be prohibited at anytime on the north (even house number) side of Ingleside Drive from a point 55 metres east of the intersection of Hazelglen Drive to a point 30 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 4. That the Regional Municipality of Waterloo and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 Construction Work, during the spot improvements contract #2007-027 in the City of Kitchener, between the hours of 7:00 p.m. to 7:00 a.m. for the week of September 24, 2007. 5. That Zone Change Application ZC06/18/E/JB (47 Ellis Avenue, Roedding / Harrop) for the purpose of changing the zoning from Residential Four (R-4) with Temporary Use Provision 3T to allow for a Garden Suite to Residential Four (R-4) with Special Use Provision 3650 to legalize the existing temporary garden suite as a permanent coach house dwelling unit on lands legally described as Registered Plan 373 Part of Lots 7 as shown as part 10 RP 58R- 8030 in the City of Kitchener, be approved, as amended to prohibit duplexing of the main building. (Dealt with under Delegations and Carried, as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to K-W Oktoberfest Inc. for a series of events being held at various clubs between October 5 and October 13, 2007, as outlined in the letter from K-W Oktoberfest Inc., dated June 11, 2007, attached to Corporate Services Department report CRPS-07-106. 2. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code, be granted to the Vien Quang Buddhist Association of Kitchener-Waterloo at 23 Campbell Avenue, on September 29, 2007, between the hours of 6:00 to 10:00 p.m., as part of their Autumn Festival celebration. 3. 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 take no action to oppose the application for a liquor license for Niko Niko Roll & Sushi located at 20 King Street East, applied for by Sun-Mi Yuu (herein referred to as the "Applicant"); and further, COUNCIL MINUTES SEPTEMBER 17, 2007 - 222 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) That the Mayor and Clerk be authorized to enter into an agreement with the applicant should she be willing wherein the applicant agrees to abide by the following conditions and to request they be added to her licence if the Alcohol and Gaming Commission of Ontario (AGCO) chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become a member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide to a set 30% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries); in other words, alcohol sales will be limited to 30% 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 Regional Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 4. That effective immediately, 44-50 Gaukel Street West operate as a Municipal parking lot and be named Charles Street West lot #15; and, That monthly parking be offered at a rate of $80.31 plus taxes per month, Monday to Saturday; and, That hourly parking be offered at a rate of $1.65 per hour, $7. daily maximum, Monday to Saturday, 8:00 a.m. to midnight; and further, That By-law #88-169 be amended accordingly. 5. That the Mayor and Clerk be authorized to execute a Co-operative Agreement, subject to the satisfaction of the City Solicitor, with the House of Friendship, for the provision of social programs at the Chandler Mowat Community Centre; and further, That the General Manager of Community Services be authorized to renew this agreement annually, subject to the satisfaction of the City Solicitor. 6. That the Mayor and Clerk be authorized to execute a License Agreement Renewal (5 years), subject to the satisfaction of the City Solicitor, with Ontario Realty Corporation (formerly Hydro One Networks Inc.) relating to lands in the Stanley Park and Centreville-Chicopee communities, more particularly described as Part of Lots 51, 54 and 56, German Company Tract, giving the City a license to use and allow the public to use those lands. 7. 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 take no action to oppose the application for a liquor license for Dallas located at 312 King Street West applied for by 1725194 Ontario Limited (herein referred to as the "Applicant"); and further, That the Mayor and Clerk be authorized to enter into an agreement with the applicant should they be willing wherein the applicant agrees to abide by the following conditions and to request they be added to their licence if the Alcohol and Gaming Commission of Ontario (AGCO) chooses to issue the licence: 1. to post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; 2. to become a member of the Kitchener Downtown Business Licensed Establishments Entertainment Committee and attend its meetings; COUNCIL MINUTES SEPTEMBER 17, 2007 - 223 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 7. (Cont'd) 3. to provide a menu of hot and cold food during all hours of operation; 4. to obtain the services of at least one paid off-duty Police Officer on Friday and Saturday nights and at any other time as deemed appropriate by the owner /management of the facility; 5. to stop serving alcohol by 2:00 a.m. daily; 6. 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; 7. to comply with the Noise By-law and the Regional Smoking By-law; and, 8. these conditions shall bind all successors, assigns and subsequent licence holders (if any). (As Amended) 8. That consideration of the staff recommendation contained in Community Services Department report CSD-07-078 be referred to the October 1, 2007 Council meeting to allow for a public meeting to be held with area residents and the distribution of information, including the site plan and design drawings, of the proposed concession building at Wilson Park: "That the Mayor and Clerk be authorized to execute an Agreement, satisfactory to the City Solicitor, with the Kitchener Minor Boys Softball Association (KMBSA) regarding the construction of a small building for use as a concession, and the subsequent operation of the concession in Wilson Park, said Agreement to authorize KMBSA to be responsible for the construction of the building in cooperation with Facilities Management and Parks Operations based on the conditions as laid out in Community Services Department report CSD-07-078; and further, That the General Manager of Community Services be authorized to execute a renewal of this Agreement as it pertains to the operation of this concession for the years 2008 and 2009, subject to the satisfaction of the City Solicitor." 9. That the Mayor and Clerk be authorized to execute an Agreement, satisfactory to the City Solicitor, for the short-term use of space by the BFG Action Centre Group and Statistics Canada at the 44 Gaukel Street facility /location. 10. That Council Policy I-1185 (Banner Installation) be repealed and replaced with the new Banner Policy attached to Community Services Department report CSD-07-075; and, That the Manager of Special Events be authorized to oversee the implementation and oversight of the banner program; and further, That staff report back to Council in one year on their experience with the Banner Policy, including a review of the fees. 11. That the following re-allocation of funding in the amount total of $324,822., be approved from the following capital budget accounts for the purpose of awarding the McLennan Park Phase 1 Re-development Tender T07-24: 679729 TransCanada Trail Bridge $80,000 660059 Hibner Park $20,412 679717 Homer Watson Trail $24,373 679719 Monarch Woods $20,650 672838 Veronica Park $15,067 637271 Soccer Facilities $74,320 345314 Capital Contingency $90,000. (Dealt with under Delegations and Carried) COUNCIL MINUTES SEPTEMBER 17, 2007 - 224 - CITY OF KITCHENER HERITAGE KITCHENER - REPORTS ADOPTED BY COUNCIL 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-006 (89 Joseph Street) be approved, to permit the demolition of an existing single detached dwelling. 2. That the proposed process for amending Chapter 665 (Property Standards for Maintenance and Occupancy) of Kitchener's Municipal Code in accordance with Sections 35.3 and 45.1 of the Ontario Heritage Act to incorporate maintenance standards for designated heritage properties, be endorsed. COUNCIL MINUTES SEPTEMBER 17, 2007 - 225 - 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. Encroachment Agreement - 248 Stirling Avenue South I Iron Horse Trail Dealt with under Delegations. 2. Encroachment Agreement - 66 General Drive I Retaining Wall Council considered Corporate Services Department report CRPS-07-125 (F. McCrea), dated September 12, 2007. In response to Councillor J. Gazzola, Ms. L. MacDonald, Director of Legal Services & City Solicitor, advised that the encroaching fence must be removed from City property and only that portion of a retaining wall encroaching onto City property is being permitted by way of the proposed encroachment agreement. She added that the agreement would provide for removal of the encroaching retaining wall at such time as the City commences future construction of a walkway. Councillor J. Gazzola requested to be recorded as opposed to the following motion. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement, satisfactory to the City Solicitor, with the property owner(s) of the property municipally known as 66 General Dr. (PIN 22343-0206), to legalize the existing retaining wall which encroaches approximately 1.33m, more or less, onto Block 85, Registered Plan 1733, being a drainage block/public walkway, once the property owner(s) of 66 General Dr. has relocated the existing picket fence, which encroaches on Block 85, Registered Plan 1733, back to 66 General Dr." 3. Various Tenders Dealt with under Delegations. 4. Heritage Permit Application 2007-V-008 - 242 Queen Street South -Proposed Revision to Roof Council considered Development and Technical Services Department report DTS-07- 152 (L. Bensason), dated September 12, 2007. It was resolved: "That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-008 (242 Queen Street South) be approved, to permit a revision to the design of the roof to be constructed as part of a new building previously approved in HPA 2007-V-001, in accordance with revised elevation plans dated September 12, 2007 and forming part of the application; and further, That the applicant submit additional detail regarding the construction of the false chimney to the satisfaction of the City's Heritage Planner." COUNCIL MINUTES SEPTEMBER 17, 2007 - 226 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Workplan for Remediation of Coal Tar Impacts - $9 Joseph Street Council considered Development and Technical Services Department report DTS-07- 147 (J. Witmer), dated September 4, 2007. It was resolved: "That the remediation plan for 89 Joseph Street as outlined in the MTE Consultants Inc. report, entitled, "Workplan for Remediation of Coal Tar Impacts - 89 Joseph Street" (Workplan), dated September 2007, be approved; and, That the Mayor and Clerk be authorized to enter into an agreement, satisfactory to the City Solicitor: a) with the property owner at 89 Joseph Street for the restoration of the lands; b) with the property owner at 89 Joseph Street for first right of refusal for the vacant lands if a replacement building has not been re-constructed; c) with the property owners at 93 Joseph Street and 7, 11 and 15 Richmond Avenue, for the purpose of gaining access and conducting restoration work thereon to complete the Workplan; and further, That staff be directed to obtain quotations for the demolition of 89 Joseph Street as identified in the Workplan." 6. Land Exchange Agreement -JHS Properties Inc. Council considered Corporate Services Department report CRPS-07-127 (F. McCrea), dated September 13, 2007. Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion and voting concerning this matter as he owns property adjacent to the subject lands. It was resolved: "That the Mayor and Clerk be authorized to execute a land exchange agreement with JHS Properties Inc., and all other required documentation to complete the transactions, on terms and conditions satisfactory to the City Solicitor, to effect a land exchange that will result in the conveyance to the City of Kitchener of the portion of the Pioneer Ridge lands on which the Schoerg Barn foundation is located and the abutting flood plain lands. The purchase monies, transfer costs and associated disbursements are to be allocated from the Asset Management Reserve Fund." Authorization to Execute a Confidentiality Agreement -CDI Career Development Institutes Inc - Tenancy - 44 Gaukel Street Council considered Corporate Services Department report CRPS-07-126 (L. MacDonald), dated September 13, 2007. It was resolved: "That the Mayor and Clerk be authorized to execute a Confidentiality Agreement with CDI Career Development Institutes Ltd. and/or its affiliates, the operator of the CDI College, for the exchange of confidential information including financial and commercial information as part of the ongoing negotiations with respect to their tenancy; said agreement to be to the satisfaction of the City Solicitor." COUNCIL MINUTES SEPTEMBER 17, 2007 - 227 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) $. Applications for Cancellation, Refund, Reduction or Levv of Taxes Council considered Financial Services Department report FIN-07-114 (P. Houston), dated September 7, 2007. It was resolved: "That the application to City Council for cancellation, reduction, refund or levy of taxes, totaling $264,677.87, as attached to Financial Services Department report FIN-07-114, be approved, pursuant to Section 357 of the Municipal Act." 9. Committee of Adiustment Decisions Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held August 21, 2007. It was resolved: "That the application of Conestoga College (Submission No. SG 2007-009 - 299 Doon Valley Drive) requesting permission to erect a pylon sign to have a height of 9m (29.52') rather than the permitted 7.5m (24.6'), an area of 32 sq. m. (344.45 sq. ft.) rather than the permitted 20 sq. m. (215.28 sq. ft.), to have skirts on the pole structure, within the required sign clearance, on Part Lot 10, Beasley's Old Survey & Part of Biehn's Unnumbered Tract, being Parts 7, 8 & 9 Reference Plan 58R-6758, 299 Doon Valley Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain all necessary approvals from the Ministry of Transportation." -and- "That the application of GPM Managed Investments Inc. (Submission No. SG 2006-010 - 100 Sportsworld Drive) requesting permission for 2 fascia signs to cover 100% of the walls upon which they will be located rather than the permitted 30% coverage, on Part Lots 8 & 9, Beasley's Broken Front Concession, 100 Sportsworld Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain all necessary approvals from the Ministry of Transportation." -and- "That the application of Fred & Rose Woodhall (Submission No. FN 2007-002 - 901 Marigold Court) requesting legalization of an existing wrought iron fence having a height of 1.5m (4.92') and a wooden fence having a height of 1.8m (5.9') located 0.3m (0.98') from the lot line abutting Robert Ferrie Drive rather than the permitted height of 0.9m (2.95'), on Lot 94, Registered Plan 58M-384, 901 Marigold Court, Kitchener, Ontario, BE APPROVED." -and- "That the application of the Ukrainian Catholic Church (Submission No. FN 2007-004 - 131, 135 & 139 Victoria Street South) requesting permission to erect a 1.85m (6.06') high fence to be located 0.58m (1.9') from the side lot line abutting Victoria Street, rather than the permitted height of 0.9m (2.95'), on Part Lot 552, Plan 378, 131, 135 & 139 Victoria Street South, Kitchener, Ontario, BE APPROVED." -and- COUNCIL MINUTES SEPTEMBER 17, 2007 - 22$ - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 9. Committee of Adjustment Decisions - tCont'd) "That the application of Marc & Cindy Burchett (Submission No. FN 2007-005 - 123 Autumn Ridge Trail) requesting permission to erect a 1.5m (4.92') high fence to be located between 0.6m (2') and 0.91 m (3') from Ridgemount Street, abutting the outer edge of the concrete patio around the existing pool, rather than the permitted fence height of 0.9m (2.95'), on Lot 1, Registered Plan 58M-82, 123 Autumn Ridge Trail, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall submit and receive approval of a landscaping plan, from the City's Supervisor of Site Development, for the landscaping to be installed between the relocated fence and the sidewalk along Ridgemount Street; and further, That the owner shall install the required landscaping, as per the approved landscaping plan." -and- "That the application of Nelson Cordeiro (Submission No. FN 2007-006 - 180 Falconridge Drive) requesting legalization of an existing fence having a height of 1.82m (6') located Om from the lot line abutting Riverlink Way rather than the permitted height of 0.9m (2.95'), on Block 25, Registered Plan 58M-181, being Part 134, Reference Plan 58R-12968, 180 Falconridge Drive, Kitchener, Ontario, BE APPROVED." 10. Federation of Canadian Municipalities (FCM) International Partnership -Kumasi, Ghana -Update Council considered this date Chief Administrator's Office report CAO-07-045 (C. Ladd), dated September 10, 2007, outlining plans for a first mission to Ghana in October - November 2007 to discuss areas of professional and technical support of interest to Kumasi. It was resolved: "That Chief Administrator's Office report CAO-07-045 (C. Ladd), dated September 10, 2007, entitled `FCM International Partnership -Kumasi, Ghana -Update', be received."