Loading...
HomeMy WebLinkAboutCouncil - 2008-02-04COUNCIL MINUTES FEBRUARY 4, 200$ CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by the Sheppard Public School Junior Kodaly Choir. On motion by Councillor J. Gazzola, the minutes of the regular meeting held January 14, 2008 and special meetings held January 14 & 28, 2008, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated January 16, 2008, from Hon. Stockwell Day, Minister of Public Safety, acknowledging receipt of Council's resolution regarding regulation of pellet guns, air rifles, paint ball guns /markers. Messrs. Peter Millar & Bob Bamford, Heart & Stroke Foundation of Ontario, attended to announce that February is `Heart Month' and to raise awareness of what the Foundation is doing in our community, as well as, to share local statistics that illustrate the personal and financial impact of these diseases on Waterloo Region. The delegation invited Council and community members to actively participate in the campaign by sharing stories and volunteering to canvas door-to-door. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor B. Vrbanovic referred to the pre-qualification process to be used for Tender T08-015 (Road and Streetscape Construction, King Street, Frederick / Benton to Francis Street and Speakers' Corners), in respect to the impact scheduling timelines may have on the Memorial Cup event and staff agreed to provide updated information directly to Council within the next several weeks. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Galloway "That Tender T07-091, 89 Joseph Street Site Remediation, be awarded to Quantum Murray LP, Toronto, Ontario at their tendered price of $1,123,500., including provisional items and contingencies of $80,550. 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 T07-098, Water Street North (Duke Street to Victoria Street) and Francis Street North (Duke Street to Water Street) Reconstruction, be awarded to Clearway Construction Inc., Concord, Ontario at their corrected tendered price of $2,845,501.22, including provisional items and contingency of $378,195.49 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 T07-101, One (1) - 25,401 kg (56,000 Ib.) G.V.W. Tandem Rear Axle Conventional Cab and Chassis complete with Flat Deck Body with Compartments and a 70 Foot Aerial Device, complete to Specification CKF-324-2007, be awarded to Wajax Industries, Milton, Ontario at their tendered price of $288,455.10, including G.S.T. and P.S.T." -and- "That Tender T08-005, One (1) - 29,937 KG (66,000 LB.) G.V.W. Tandem Rear Axle Conventional Cab and Chassis with Dump Body and Crane, complete to Specification CKF- 281-2007, be awarded to Highway Sterling Western Star Inc., Ayr, Ontario at their tendered price of $166,363., including G.S.T. and P.S.T., plus optional Wireless Remote Controls to Operate the Crane at a cost of $13,221., including G.S.T. and P.S.T." COUNCIL MINUTES FEBRUARY 4, 200$ - 2$ - CITY OF KITCHENER -and- "That Tender T08-006, Snow and Ice Removal Equipment (Two Units) to be Mounted on a 29,937 KG (66,000 Ib.) G.V.W. Tandem Rear Axle Conventional Cab and Chassis, complete to Specification CKF-325-2007, be awarded to Viking Cives Ltd., Mount Forest, Ontario at their tendered price of $136,949.22, including G.S.T. and P.S.T." -and- "That Council approves the request from Engineering Services to proceed with a prequalification process to select a minimum of seven General Contractors to be used for Tender T08-015, Road and Streetscape Construction, King Street, Frederick/Benton Street to Francis Street and Speakers Corner." -and- "That Expression of Interest E07-097, Consultant Services - Drinking Water Quality Management Standard Operational Plan, be awarded to Water and Earth Science Associates Ltd., Kitchener at their estimated fee of $155,263.20, with the City of Kitchener portion being $38,815.80, including a contingency of $3,696.70 and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Director of Purchasing be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Council considered this date a memorandum (J. Willmer / S. Turner), dated February 1, 2008, concerning Clause 3 of the report, dealing with a proposed housekeeping amendment to Zoning By- law 85-1 relative to utility trailers. The memorandum identifies issues related to current regulations governing Major Recreational Equipment and specifically, snowmobiles and snowmobile trailers which were not originally contemplated. These matters are proposed to be dealt with in a separate amendment as they were not included in the advertisement giving notice of the public meeting for issues related to utility trailers. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend Clause 3 of the Development and Technical Services Committee report by deleting the deferral paragraph and replacing it with the recommendation to approve regulations concerning utility trailers in the form shown in the proposed by-law dated January 10, 2008; and to direct staff to report back concerning revisions to regulations governing Major Recreational Equipment, as outlined in the memorandum (J. Willmer / S. Turner), dated February 1, 2008. The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 3 -Carried, as Amended. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Carried. COUNCIL MINUTES FEBRUARY 4, 200$ - 29 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Services Committee be adopted. In respect to Clause 5 of the report, dealing with deferral of amendments to Chapter 502 (Adult Entertainment Parlours) of the Municipal Code, Mr. R. Gosse advised that all interested parties have been circulated with a revised draft by-law for comment and the solicitor for Roxxanne's Bar and Grill has asked that the matter not come forward this date to allow him more time to discuss the revisions with his client. The matter will come forward to the February 11, 2008 Finance and Corporate Services Committee meeting and any recommendation of the Committee will be considered at the special Council meeting to be held later the same date. Councillor J. Gazzola pointed out that Clause 4 of the report concerning core funding for the Waterloo Region Small Business Centre was dealt with during final budget deliberations held earlier this date and accordingly, Clause 4 was declared redundant and was not voted on. A discussion took place concerning Clause 6 of the report, dealing with an application under the Municipal Infrastructure Investment Initiative for the King Street Streetscape Project, as it relates to the amount of funding to be applied for. It was agreed that staff's approach in calculating the amount on a per capita basis was appropriate given the program stipulates that funding approvals will be on an `all or nothing' basis and the Province has not specified its funding formula. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 4 -Motion redundant and not voted on as the matter was dealt with as part of the final budget deliberations held earlier this date. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." Carried. Councillor G. Lorentz referred to a newspaper article which implies the City of Cambridge is considering a ban on smoking in outside areas around their City Hall facility and asked that a report come forward in respect to Kitchener City Hall. Mr. S. Turner, Director of By-law Enforcement, advised that staff is already in the process of reviewing the City's Smoking Policy, encompassing all City facilities, and a report will come forward at a future date. Councillor J. Gazzola inquired if the City will be participating in the Earth Hour initiative on March 29, 2008 which asks all lights to be turned off on that date. Mr. M. May, Director of Communications / Marketing, advised that a report is coming forward recommending the City participate and will include financial implications in respect to promoting this event within the community. Mayor C. Zehr asked that staff collaborate with the Region and the Cities of Waterloo and Cambridge in respect to marketing the event. Councillor C. Weylie referred to numerous complaints she has received from constituents who have received parking tickets in violation of the 3-hour on-street parking limit applied to all City streets and asked that this regulation be reviewed to determine if it is really necessary. Mr. S. Turner advised that the regulation has been a useful tool and is enforced on a complaint basis only to deal with on- street congestion and issues of safety. He stated that Transportation Planning staff would want to have input before action is taken and suggested that a report come back at a later date. Councillor G. Lorentz cautioned against eliminating the regulation as he has had complaints of an opposite nature wherein tickets have not been issued, and suggested a balanced approach should be taken. Mr. Turner suggested that staff could speak with Councillor Weylie about her specific issues to determine if there are certain areas, such as small lot sized subdivisions, that may need to be addressed differently. It was also suggested that better communication of the existence of the rule is needed as it does not appear to be well known within the community. COUNCIL MINUTES FEBRUARY 4, 200$ - 30 - CITY OF KITCHENER At the request of Councillor B. Vrbanovic, Ms. C. Ladd, Chief Administrative Officer, agreed to review entrance signage into the City to ensure directional information is provided as to the location of the Children's Museum. 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 to enact regulations concerning utility trailers relative to Clause 3 of the Development and Technical Services Committee report and a by-law to provide for application under the Municipal Infrastructure Investment Initiative for the King Street Streetscape Project relative to Clause 6 of the Finance and Corporate Services Committee report. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 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 Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (e) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (g) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (h) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (i) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (j) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (k) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (I) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (m) Being a by-law to provide for the widening of part of Stirling Avenue South as a public highway in the City of Kitchener. (n) To further amend By-law No. 2007-138, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (o) Being a by-law to exempt certain lots from Part Lot Control -Part Block 2, Registered Plan 58M-290 - Templewood Drive. (p) To confirm all actions and proceedings of the Council. COUNCIL MINUTES FEBRUARY 4, 200$ - 31 - CITY OF KITCHENER (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener Housekeeping Amendment. (r) A by-law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (OIPC) for funding from the Municipal Infrastructure Investment Initiative for a new eligible capital project of the Corporation of the City of Kitchener (the `Municipality'), and to approve the expenditure of funds on said eligible capital project. 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 J. Gazzola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Gazzola 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 G. Lorentz Seconded by Councillor J. Smola "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. 2008-15) (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. 2008-16) (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. 2008-17) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. tBy-law No. 2008-18) (e) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. tBy-law No. 2008-19) (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. tBy-law No. 2008-20) COUNCIL MINUTES FEBRUARY 4, 200$ - 32 - CITY OF KITCHENER (g) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. tBy-law No. 2008-21) (h) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-22) (i) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-23) (j) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-24) (k) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-25) (I) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2008-26) (m) Being a by-law to provide for the widening of part of Stirling Avenue South as a public highway in the City of Kitchener. tBy-law No. 2008-27) (n) To further amend By-law No. 2007-138, being a by-law to re gulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. tBy-law No. 2008-28) (o) Being a by-law to exempt certain lots from Part Lot Control -Part Block 2, Registered Plan 58M-290 - Templewood Drive. (p) To confirm all actions and proceedings of the Council. tBy-law No. 2008-29) tBy-law No. 2008-30) (q) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -City of Kitchener Housekeeping Amendment. tBy-law No. 2008-31) (r) A by-law to authorize the submission of an application to the Ontario Infrastructure Projects Corporation (OIPC) for funding from the Municipal Infrastructure Investment Initiative for a new eligible capital project of the Corporation of the City of Kitchener (the `Municipality'), and to approve the expenditure of funds on said eligible capital project. tBy-law No. 2008-32) COUNCIL MINUTES FEBRUARY 4, 200$ - 33 - CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 8:00 p.m. Carried. MAYOR CLERK COUNCIL MINUTES FEBRUARY 4, 200$ - 34 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the modifications to Official Plan Amendment 58 (Cedar Hill Area) as proposed by the Regional Municipality of Waterloo, as appended to Development and Technical Services Department report DTS-08-007, be accepted. 2. That Demolition Control Application DC07/07/K/BB requesting permission to demolish the "Old Doctor's Residence" ,Grand River Hospital, Freeport Health Centre, on lands municipally known as 3570 King Street East and legally described as Part Lot 1, Plan 987 and Part Lot 12, Beasley's Old Survey, be approved without conditions. 3. That further to the housekeeping changes identified in Zone Change Application ZC 07/19/COK/SR, approved by Council on December 10, 2007, regulations concerning utility trailers be approved in the form shown in the "Proposed By-law", dated January 10, 2008, attached to Development and Technical Services Department report DTS-08-009, without conditions; and further, That staff report back with recommendations to amend the Zoning By-law regarding Major Recreational Equipment including consideration of the following: revising the definition of Major Recreational Equipment to include snowmobiles and snowmobile trailers; addressing the seasonal gap in order to allow winter recreational equipment to be parked or stored in the winter months only; clarifying the term `substantially screened'; and, identifying any appropriate requirements for screening between major recreational equipment and main floor windows to habitable rooms of a dwelling on an abutting lot. (Carried, as Amended) COMMUNITY SERVICES COMMITTEE - 1. That the list of Neighbourhood Associations attached to Community Services Department report CSD-08-010, be approved for affiliation with the City of Kitchener for 2008. 2. That point a) under Section 2 (Criteria) of Council Policy I-45 (Sports Award Banquet) be replaced with the following: a) The athlete or team place first in a Provincial or National Championship/Games sanctioned by a recognized Canadian, Provincial or National sport governing body. All members of the team will be recognized regardless of residency; and, That the following be added as a new point b) under Section 2 (Criteria) of Council Policy I-45 (Sports Award Banquet) with the letter sequencing of the existing points b) to h) being adjusted accordingly: b) The athlete or team place first, second or third in an International Championship/Games sanctioned by a recognized sport governing body. All members of teams representing Kitchener will be recognized regardless of residency. For Regional or National compilation teams, only residents of Kitchener will be recognized; and further, That these changes to Council Policy I-45 (Sports Award Banquet) take effect for the 2007 Sports Awards hosted March 4, 2008. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That notwithstanding the distance separation requirements of Chapter 586 (Refreshment Vehicles) of the City's Municipal Code, the request of Vlasta Kadlec to relocate her hot dog cart operation from 90 Ardelt Avenue to 41 Ardelt Place and to be issued a licence to operate the hot dog cart at the new location, be approved. COUNCIL MINUTES FEBRUARY 4, 200$ - 35 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 2. That the requests of the New Quarterly Literary Society Inc. and the Waterloo Regional Matmen Wrestling Club to hold bingos in the City of Kitchener be approved, providing that the funds being raised are used for charitable purposes as mandated in the Provincial Regulations. 3. That the 2008 Accessibility Plan attached to Community Services Department report CSD-08- 007 be adopted as the Annual Accessibility Plan for 2008 for the City of Kitchener in accordance with the Ontarians with Disabilities Act, 2001; and further, That should the City of Waterloo, the Township of Woolwich, the Township of North Dumfries and the Township of Wellesley adopt the said Accessibility Plan, the Plan shall be a "Joint Accessibility Plan" with the participating municipalities. 4. That the final instalment of the City of Kitchener's portion of the 2:1 ratio for core funding be added to the 2008 Operating Budget for the Waterloo Region Small Business Centre. (Motion redundant and not considered as this matter was dealt with as part of the final Budget Day deliberations held earlier this date.) 5. That the draft by-law attached to Corporate Services Department report CRPS-08-009 concerning the repeal and replacement of Chapter 502 (Adult Entertainment Parlours) of the City's Municipal Code, be referred back to staff for further consideration of the issues raised at the January 28, 2008 Finance & Corporate Services Committee meeting and to dialogue with industry representatives; with a subsequent report to come forward to the Committee at a future date. 6. That staff be directed to submit an application under the Municipal Infrastructure Investment Initiative for the King Street Streetscape project in the amount of $3.2 M; and further, That staff be directed to bring forward a by-law in support of this application on February 4, 2008 for Council approval. 7. That Corporate Services Department report CRPS-08-014 (Recommendation to Implement Green Building Design and Construction Standards) be referred to the Environmental Committee for comment, with a subsequent report to come forward to the Finance & Corporate Services Committee at a future date. 8. That a hearing be held under the authority of the Municipal Act, 2001, as amended, to determine whether or not to revoke, suspend or impose conditions as a requirement of continuing to hold an Alternative Massage Business Licence for the business known as Relaxing Oriental Spa, 100 Victoria Street North, Kitchener; and further, That said hearing be held at Kitchener City Hall on a date to be determined. 9. That the short form wording and suggested set fine amounts for the offences under the Building Code Acf, S.O. 1992, c.23, as set out in Schedule "A" attached to Corporate Services Department report CRPS-08-005, be approved; and further, That the City Solicitor be authorized to submit this matter to the Regional Senior Judge of the Ontario Court of Justice for the establishment of set fines. 10. That the lease of premises in City Hall to Patricia Fretwell, operating as `Feelings From the Heart', to operate two wedding chapels be approved for renewal for an additional three year period commencing on the first day of September, 2007 until August 31, 2010, and that the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor. 11. That the City enter into a licence agreement for a three year term, including options to extend, with the Waterloo Regional Tourism Marketing Corporation, for the use of 1,461 square feet of space at 79 Joseph Street, the former KOR building; and, COUNCIL MINUTES FEBRUARY 4, 200$ - 36 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) That staff be authorized to undertake improvements on behalf of the Waterloo Regional Tourism Marketing Corporation, to an up-set limit of $45,000, to be funded as part of any licence payments over athree-year period from the Waterloo Regional Tourism Marketing Corporation; and further, That the Mayor and Clerk be authorized to execute a licence agreement, satisfactory to the City Solicitor. 12. That a 929 square meter (10,000 square feet) parcel of land be allocated to Kitchener Utilities from City-owned lands at the corner of Huron Road and Fischer-Hallman Road for the purpose of installing a gas regulator station. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-012 (134 David St) be approved, to permit the demolition of an existing one-storey rear addition and the construction of a new two-storey rear addition, as outlined in Development and Technical Services Department report DTS-08-008. 2. That pursuant to Section 33 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-IV-015 (300 Joseph Schoerg Crescent) be approved, to permit the following in accordance with the plans submitted with the application and subject to the final building permit drawings being reviewed and approved by Heritage Planning staff, prior to the issuance of a building permit: • recladding on all elevations of the drive shed; • reconstruction of the existing sliding doors on the west elevation; • relocation of the existing windows on the south elevation; • addition of a new door on the south elevation; and, • construction of a wood deck on the south elevation. COUNCIL MINUTES FEBRUARY 4, 200$ - 37 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS - 1. Various Tenders Dealt with under Delegations. 2. CRPS-A$-020 -Request for Approval of Convevance - 50 Washburn Drive Council considered Corporate Services Department report CRPS-08-020 (L. MacDonald), dated January 30, 2008. It was resolved: "That on January 30, 2008, the property described as Part Lot 12, RCP 1471, designated as Part 1, Plan 58R-14392, and municipally known as 50 Washburn Drive, Kitchener, was in substantial compliance complied with the restrictions set out in Schedule "A" to Instrument No. WR28952; and, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to show consent to a sale transaction of the above-noted property by the current owner being, 581662 Ontario Inc.; and further, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor: - to show consent to the continued tenancy of the existing tenant on the premises, Corporate Express Canada, Inc.; - to show approval to allow the perspective buyer to assume the existing mortgage; - to allow any required Assignment of Rents and Assignment of Lessors; and, - to confirm compliance with the restrictive covenants registered as Instrument No. WR28952." 3. CRPS-A$-011 -Request for Convevance - 560 Bingemans Centre Drive Council considered Corporate Services Department report CRPS-08-011 (L. MacDonald), dated January 30, 2008. It was resolved: "That on January 30, 2008, the property described as Part Lots 122 & 123 G.C.T. being Parts 1 & 4 on Plan 58R-15289, and municipally known as 560 Bingemans Centre Drive, Kitchener, complied with the restrictions set out in Instrument No. WR206780 being an Application to Annex Restrictive Covenants; and further, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to show consent to the conveyance of the property municipally known as 560 Bingemans Centre Drive from Cit Financial Ltd." COUNCIL MINUTES FEBRUARY 4, 200$ - 38 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. CRPS-A8-012 -Authorization to remove Restrictive Covenants - 38 Hanson Avenue Council considered Corporate Services Department report CRPS-08-012 (L. MacDonald), dated January 30, 2008. It was resolved: "That Instrument No. 2313753 being Restrictive Covenants registered on October 8, 1965 on the property described as Part of Lot 17, MCP 791, being Parts 1 through 5 inclusive, on Plan 58R-15472, and municipally known as 38 Hanson Avenue be released completely from title; and, That the Mayor and Clerk be authorized to execute any documentation approved by the City Solicitor to release all restrictions as set out in Instrument No. 2313753, respecting the property described as Part of Lot 17, MCP 791, being Parts 1 through 5 inclusive, on Plan 58R-15472, and municipally known as 38 Hanson Avenue, Kitchener, if required; and further, That the City Solicitor be authorized to electronically sign for completeness and release any document required to be registered on title electronically." 5. CRPS-A8-019 - Convevance of Blocks `C' to `L'. Plan 1168 Council considered Corporate Services Department report CRPS-08-019 (L. Proulx), dated January 29, 2008. It was resolved: "That Blocks C to L on Plan 1168 be declared surplus to the City's needs; and, That Legal Services be instructed to proceed with the preparation of a Transfer or Quitclaim Deed or further documentation, as the case may be, to effect the conveyance of Blocks C to L on Plan 1168, to the respective adjacent owners, as required; and further, That the Mayor and Clerk be authorized to execute the required documentation to effect the conveyances, as approved by the City Solicitor." 6. FIN-A8-025 - Consultant Services - Corporate Financial and Infrastructure Management Svstem tDelta Project) Council considered Financial Services Department report FIN-08-025 (P. Houston), dated January 30, 2008. It was resolved: "That Consultant Services -Corporate Financial and Infrastructure Management System (Delta Project) be awarded to 1614310 Ontario Inc. at their estimated fee of $214,050 plus GST based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." COUNCIL MINUTES FEBRUARY 4, 200$ - 39 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. CRPS-A$-021 -Appointments -Members of Council to Boards I Committees Council considered Corporate Services Department report CRPS-08-021 (R. Gosse), dated January 30, 2008. It was resolved: "That Corporate Services Department report CRPS-08-021 (R. Gosse) concerning appointments of members of Council to Boards /Committees, be received as information."