Loading...
HomeMy WebLinkAboutCouncil - 2009-02-23COUNCIL MINUTES FEBRUARY 23, 2009 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 Rockway Public School Small Primary Choir. On motion by Councillor C. Weylie, the minutes of the regular meeting held January 26, 2009 and special meetings held January 26 & February 9, 2009, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated January 9, 2009 from E. Witmer, MPP, Kitchener-Waterloo, acknowledging receipt of Council's resolution regarding the Ontario Brownfield Tax Incentive Program. Sandra Hanmer, CEO, and Kathy Durst, Board Chair, Waterloo-Wellington Local Health Integration Network (WWLHIN) presented an overview of activities and future initiatives of LHIN. Highlights included: $37M invested into programs and services under the Aging at Home Program for Seniors; funding increases for Youth Addiction Treatment Programs to the benefit of the Ray of Hope facility in Kitchener; and implementation of increased transition /over beds for alternative care. LHIN continues to work toward improvements in local health care services and is currently recruiting for one vacancy on their Board of Directors. Focus in 2009 will be on working in partnership with the Waterloo-Wellington Community Care Access Centre on a Clinical Optimization Project to examine in /out patient acute care services, and on improvements to rural health care. The delegation responded to questions, advising that $700M has been invested Province-wide in aging seniors programs, of which the $37M referred to has been invested locally through the WWLHIN; and the funding received by the Ray of Hope facility assists in servicing youth between the ages of 13-18. Mayor C. Zehr announced that the Kitchener Mixed Curling Team in attendance at the 2009 International Children's Games in Riviera, Switzerland, had won gold and is the first winning medal for the community at these Games. Ms. Cheryl Ewing, Coalition of Performing Artists (COPA), extended appreciation to Kitchener Council for taking action to direct City staff to assist in facilitating a means to preserve the King Street Theatre Centre (KSTC) as a community theatre arts space. She noted that a formal process for Requests for Proposals is to begin shortly and in COPA's support of the KSTC, she advised that a petition of 1,200 signatures has been collected, together with 1,100 additional signatures on Facebook. COPA is also embarking on a Bridge Project in partnership with the Multicultural Centre, in recognition of the need to pursue ways of working together among all stakeholder groups to maintain the KSTC as a community cultural facility. She asked that in moving forward, that the City keep in mind that COPA is ready and willing to assist in demonstrating support for the continuation of the KSTC. Mayor C. Zehr commented that there is a strong community consensus that this facility stay in public use as a theatre arts space or related use and expressed the opinion that the recommendation before Council this date under Clause 13 of the Finance and Corporate Services Committee report will provide time in which to work toward that end. Councillor K. Galloway advised that at its meeting held February 17, 2009, the City's Arts & Culture Advisory Committee passed a resolution in support of the City's proposal for the KSTC to continue as a performing arts centre and recommends that if the K-W Performing Arts Association accepts the City's proposal, full disclosure of the Association's financial status should follow. Councillor Galloway further advised that the Kitchener Downtown Business Association (KDBA) also passed a resolution in support of the KSTC remaining in the arts and culture community as originally intended and should the focus or intended use of the facility change the KDBA Board of Directors requests to be a part of those discussions. Ms. P. Houston advised that various proposals have been presented to the K-W Performing Arts Association and all have been turned down. A formal process for Requests for Proposals is to commence February 24, 2009 with submissions to be received by the end of March. Ms. Houston advised that the City has no formal commitment at this time with the KSTC and control over the future of the Centre remains in the hands of the K-W Performing Arts Association. COUNCIL MINUTES FEBRUARY 23, 2009 - 42 - CITY OF KITCHENER Mayor C. Zehr commented that it would be premature for the City to take any other action beyond what is recommended by the Finance and Corporate Services Committee this date, pending the outcome of the Requests for Proposals process. He added that the K-W Performing Arts Association has indicated plans to provide more information on their website in the near future and if so, may present opportunity for further discussion at the City's March 2 Committee meetings. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 13 of the Finance and Corporate Services Committee report of this date be adopted." Carried. Mr. Randy McLean, N. Rutenberg Sales Ltd., attended in respect to Tender T09-005 (Light Poles and Fixtures -King Street). He advised that this company is a supplier to Gerrie Electric who had the alternate low bid at $394,602. but had been disqualified as non-compliant in respect to the City's Terms & Conditions. He stated that on closing of the tender on January 15 they had not been advised the bid was disqualified and had remained in dialogue with the City from January 19-27 concerning requests for additional information in respect to the quality and performance of their product. He stated that the company was not asked at any time for clarification of the terms and conditions outlined in their bid, and in signing the tender document, he suggested that Gerrie Electric is accepting of the City's terms and conditions notwithstanding. He noted that their bid represents a savings of approximately $285,000. which in his opinion should not be overlooked. He asked that they be given the opportunity to prove that they can manufacture a product of equal quality and performance. Mr. L. Gordon, Director of Purchasing, pointed out that the normal process for opening tender bids consists of checking and recording pricing and no bids are disqualified at that time as the documents are not fully reviewed until after closing of the tender opening process. He pointed out that following review of the bid in question it was found to contain changes to the terms and conditions and the areas of main concern included: aright to change pricing and make modifications to all products, without advance notice; FOB was the shipping point and not the destination, leaving the City liable for any potential damages that may occur on route from the factory to its destination; a right to demand full payment prior to receipt of the product; and, the price protection was only valid for 30 days whereas the City requests a 60-day guarantee. Mr. Gordon advised that due to the substantial changes in the terms and conditions their bid was deemed non-compliant and was rejected. Councillor J. Gazzola questioned if re-tendering would be an option to deal with this matter given the substantial difference in price from the next level bid. Mr. L. Gordon advised that all other bids received are compliant and fairly close in price range, and suggested that it would be unfair to them to re-open the tender process. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T09-005, Light Poles and Fixtures -King Street, be awarded to Nedco, Kitchener, Ontario, at their tendered price of $679,954.90, including P.S.T. & G.S.T." Moved by Councillor G. Lorentz Seconded by Councillor J. Smola Carried. "That Tender T09-004, One (1) 19,504 Kg (43,000 Lb) G.V.W. Single Rear Axle Conventional Cab and Chassis Complete with A Side Dump Sander Body, Under Chassis Plow and Front Plow, be awarded to Altruck International, Kitchener, Ontario at their tendered price of $195,876.46, including P.S.T. & G.S.T., plus optional equipment of one (1) rear axle mount under chassis plow for $5,265.80 and one (1) front plow harness for $4,156.14, including P.S.T. & G.S.T." -and- COUNCIL MINUTES FEBRUARY 23, 2009 - 43 - CITY OF KITCHENER "That Tender T08-096, Road Reconstruction -Pine Street (King Street to End) and Mary Street (Pine Street to Union Street East), be awarded to Sierra Construction (Woodstock) Limited, Woodstock, Ontario at their corrected tendered price of $1,373,780.42, including provisional items and contingencies of $173,330. 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 T09-009, Building Entrances Construction -Victoria Park Pavilion, be awarded to Bomar Landscaping Inc., Guelph, Ontario, at their tendered price of $494,258.10, including a contingency of $30,000 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That Tender T08-102, Residential Water Heaters, be awarded as follows: • conventional vented (CV), power vented (PV), direct vented (DV), and tankless water heaters, to Rheem Canada Ltd., Hamilton, Ontario, complete to specification at their tendered prices of $2,062,620., plus P.S.T. & G.S.T., for one (1) year, with an option to renew for a further four (4) one-year terms; and further, • Hi-input power vented (HiPV) and direct vent-power vented (DVPV) water heaters to GSW Water Heating, a Division of A.O. Smith Enterprises Ltd., Fergus, Ontario, at their tendered prices of $11,627., plus P.S.T. & G.S.T., for one (1) year, with an option to renew for a further four (4) one-year terms." -and- "That Proposal P09-003, Chain Link Fencing, Silt Fencing & Related Accessories, be awarded to 1077$60 Ontario Inc. ola Town & Country Fencing, Ariss, Ontario, at their unit prices for one (1) year, with an option to renew for two (2) additional one-year term with the estimated value of this contract being approximately $100,000. per year, plus G.S.T." -and- "That Tender T08-085, Road Reconstruction -Louisa Street (Margaret Avenue to St. Leger Street), be awarded to Terracon Underground Ltd., Brantford, Ontario, at their tendered price of $981,042.34., including provisional items and contingencies of $125,395.50 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. Mark Heimpel, Heimpel Design, attended in support of Clause 10 of the Development and Technical Services Committee report of this date, concerning a zone change application for 131 Strange Street. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 10 of the Development and Technical Services Committee report of this date be adopted." Carried. COUNCIL MINUTES FEBRUARY 23, 2009 - 44 - CITY OF KITCHENER Messrs. Steve Brown, Stantec Consulting, and Rob Howe attended in support of Clause 8 of the Development and Technical Services Committee report of this date, concerning the Upper Blair Creek (Kitchener) Functional Drainage Study. Mr. J. Willmer, Interim General Manager of Development and Technical Services, advised that the overview presentation given by Mr. Brown at the February 9, 2009 Development and Technical Services Committee meeting, together with the study document, have been posted on the City's website for public comment. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 8 of the Development and Technical Services Committee report of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor K. Galloway "That the report of the Development and Technical Services Committee be adopted. In respect to Clause 7 of the report, Councillor J. Gazzola questioned on what basis the City is requesting the Province to incorporate LEED Gold certification into the design of the Waterloo Region Consolidated Courthouse. Councillor K. Galloway stated that Councillor B. Vrbanovic had suggested at the Committee meeting that this be added to the recommendation to encourage the Province to meet the same standards pursued by local area municipalities. Councillor Gazzola questioned the costs involved and Mr. H. Gross, Director of Project Administration & Economic Investment, advised that LEED Gold certification could increase capital costs by approximately 8-10% over anon-LEED building. Councillor G. Lorentz questioned the long-term impact of a LEED Gold certification. Mr. Gross advised that there is a longer payback period for LEED Gold due to high costs initially but certification would have greater positive environmental impacts in several aspects, such as air quality and water /energy conservation. Councillor Gazzola raised concerns that the Province is not meeting the required number of parking spaces on site, suggesting that in the interest of intensification, they should also be requested to provide the proper amount of parking. Mr. J. Willmer advised that numerous discussions have been held with the Province on this matter and they are not prepared to provide any more parking on site than what is required for the judiciary due to matters of security. Mayor C. Zehr stated that it was his recollection the Province will pay an amount in lieu of parking or assist in the establishment of another parking facility, and Mr. J. Willmer concurred. The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 7 -Carried. Clauses 8 & 10 -Dealt with under Delegations and Carried. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Finance and Corporate Services Committee be adopted. Council considered a memorandum (W. Sleeth), dated February 13, 2009, in regard to Clause 4 of the report, which provides a revised financial summary to replace the summary originally attached to report CSD-09-006 (Victoria Park -David / Schneider /Dill Reconstruction). The revised financial summary now incorporates both Tender T09-009 (Victoria Park Pavilion Entrance Site Work) and the additional consulting fees (report CSD-09-006). COUNCIL MINUTES FEBRUARY 23, 2009 - 45 - CITY OF KITCHENER Councillor J. Gazzola requested clarification of Clause 9 of the report, dealing with an application under the Brownfield Remediation Program. He referred to Table 1 (Summary of Remediation Costs) of report CAO-09-005, considered at the February 9, 2009 Finance and Corporate Services Committee meeting, which identifies costs associated with boiler room area metals impacted soils (including boiler reinstatement). He asked if the City was paying to replace the boiler unit. Mr. R. Regier, Executive Director of Economic Development, advised that to his knowledge the City was covering only those costs associated with the remediation of contaminated soils from the site but would investigate and report back on the matter raised. Councillor Gazzola commented that he was not supportive of this program in that it requires the City to pay the full cost of remediation and asked that clarification be given in respect to the costs in question before proceeding with approval of the application. On motion by Councillor J. Gazzola, seconded by Councillor J. Smola, it was agreed to defer Clause 9 of the Finance and Corporate Services Committee report to the March 2, 2009 special Council meeting, pending additional information from staff in respect to the costs associated with the boiler room. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 9 -Deferred to the March 2, 2009 special Council meeting pending additional information. Clause 13 -Dealt with under Delegations and Carried. Balance of report -Carried. Councillor K. Galloway announced a Partnership Award given by the Waterloo-Wellington Training and Adjustment Board to the City and in particular, to Ms. Kelly Steiss, Inclusion Co-ordinator, for her assistance on a project entitled "Establishment of a People with Disabilities Employment Network". Council agreed to the request of Mr. R. Gosse, City Clerk, to add six additional by-laws for three readings this date, which include: a zoning amending by-law relative to Clause 10 of the Development and Technical Services Committee report; Official Plan amending and zoning amending by-laws relative to Clause 11 of the Development and Technical Services Committee report; a by-law to license street vendors relative to Clause 2 of the Finance and Corporate Services Committee report; and two by-laws to exempt certain lots from Part Lot Control on Deer Ridge Drive and Terrace Wood Crescent. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. (f) Being a by-law to provide for the establishing and laying out of part of Doon South Drive as a public highway in the City of Kitchener. COUNCIL MINUTES FEBRUARY 23, 2009 - 46 - CITY OF KITCHENER (g) To further amend By-law No. 88-169, being a by-law to regular, supervise and govern the parking of vehicles on municipal off-street parking facilities. (h) To further amend By-law No. 88-169, being a by-law to regular, supervise and govern the parking of vehicles on municipal off-street parking facilities. (i) To further amend By-law No. 88-169, being a by-law to regular, supervise and govern the parking of vehicles on municipal off-street parking facilities. (j) To confirm all actions and proceedings of the Council. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1743108 Ontario Limited -Strange Street. (I) Being a by-law to adopt Amendment No. 79 to the Official Plan. (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Lancaster Street West - 1279995 Ontario Inc.) (n) Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2009. (o) Being a by-law to exempt certain lands from Part Lot Control -Block 3, Registered Plan 58M-413 and Block 49, Registered Plan 58M-463 -Deer Ridge Drive. (p) Being a by-law to exempt certain lands from Part Lot Control -Block 10, Registered Plan 58M-463 and Block 10, Registered Plan 58M-270-Terrace Wood Crescent. 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 K. Galloway "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 G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2009-031) (b) To further amend By-law No. 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2009-032) COUNCIL MINUTES FEBRUARY 23, 2009 - 47 - CITY OF KITCHENER (c) To further amend By-law No. 2008-117, being a by-law to authorize certain on-street and off-street parking of vehicles for use by persons with a disability, and the issuing of permits in respect thereof. tBy-law No. 2009-033) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code re By-law Enforcement. tBy-law No. 2009-034) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code with respect to Appointment of Staff. tBy-law No. 2009-035) (f) Being a by-law to provide for the establishing and laying out of part of Doon South Drive as a public highway in the City of Kitchener. tBy-law No. 2009-036) (g) To further amend By-law No. 88-169, being a by-law to regular, supervise and govern the parking of vehicles on municipal off-street parking facilities. tBy-law No. 2009-037) (h) To further amend By-law No. 88-169, being a by-law to regular, supervise and govern the parking of vehicles on municipal off-street parking facilities. tBy-law No. 2009-038) (i) To further amend By-law No. 88-169, being a by-law to regular, supervise and govern the parking of vehicles on municipal off-street parking facilities. tBy-law No. 2009-039) (j) To confirm all actions and proceedings of the Council. tBy-law No. 2009-040) (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 1743108 Ontario Limited -Strange Street. tBy-law No. 2009-041) (I) Being a by-law to adopt Amendment No. 79 to the Official Plan. tBy-law No. 2009-042) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener -Lancaster Street West - 1279995 Ontario Inc.) tBy-law No. 2009-043) (n) Being a by-law to licence Street Vendors on property owned by the Corporation of the City of Kitchener in Victoria Park and at specific street intersections expiring December 31, 2009. tBy-law No. 2009-044) COUNCIL MINUTES FEBRUARY 23, 2009 - 4$ - CITY OF KITCHENER (o) Being a by-law to exempt certain lands from Part Lot Control -Block 3, Registered Plan 58M-413 and Block 49, Registered Plan 58M-463 -Deer Ridge Drive. tBy-law No. 2009-045) (p) Being a by-law to exempt certain lands from Part Lot Control -Block 10, Registered Plan 58M-463 and Block 10, Registered Plan 58M-270-Terrace Wood Crescent. tBy-law No. 2009-046) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 8:10 a.m. Carried. MAYOR CLERK COUNCIL MINUTES FEBRUARY 23, 2009 - 49 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Permit Only Parking be implemented on the north side of Grand River Boulevard from the east intersection of Underhill Crescent to a point 87 metres east of the intersection of Morrison Road; and, That Permit Only Parking be implemented on the south side of Grand River Boulevard from the west intersection of Chandos Drive to a point 67 metres west of the intersection of Morrison Road; and further, That the Uniform Traffic By-law be amended accordingly. 2. That the existing traffic calming measures (8 speed humps and a narrowing at Birchcliff Avenue) on Greenbrook Drive from Stirling Avenue to Fischer Hallman Road remain in place; and further, That an additional speed hump be installed on Greenbrook Drive between Ruskview Road and Birchcliff Avenue. 3. That Demolition Control Application DC08/22/K/EB requesting permission to demolish one single detached dwelling located at 4503 King Street East, owned by McLean Peister Limited and legally described as Lot 6, Plan 698 be approved, subject to the following conditions: 1) That the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: a) In the event that construction of a new building on the site is not substantially complete within 2 years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 4. That Demolition Control Application DC08/23/C/AP requesting permission to demolish one single detached dwelling located at 452 Connaught Street, owned by Rock Base Home Inc., legally described as Pt Lt 177, Plan 254 and described as Pt 1, Plan 58R-14743, be approved, subject to the following conditions: 1) That the owner obtains Site Plan Approval; and, 2) That the owner obtains a building permit for the proposed multiple dwelling; and further, That upon satisfaction of Conditions 1 and 2, the Chief Building Official may authorize and issue a demolition permit under Section 33(6) of the Planning Act subject to the following condition: In the event that construction of the multiple dwelling is not substantially complete within 2-years of the date of issuance of the demolition permit, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until the payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 5. That the work of Sustainable Waterloo in assisting Waterloo Region to become more environmentally sustainable be supported; and, That financial support in the amount of $2,000 from Facilities Management Energy Management account identifying Kitchener as a sustaining partner of Sustainable Waterloo be approved; and further, That any additional financial contributions from the City be reviewed annually. COUNCIL MINUTES FEBRUARY 23, 2009 - 50 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Cont'd) 6. That the aspects pertaining to Site 1 [area of 3.52 hectares zoned Commercial Two (C-2)j of the Huron / Strasburg Mixed Use Node Design Brief, dated November 2008 (revised January 2009), prepared for Hallman Construction by MacNaughton Hermsen Britton Clarkson, as attached to Development and Technical Services Department report DTS-09-007, be adopted; and, That the aspects of the Huron / Strasburg Mixed Use Node Design Brief which relate to Site 2 [area of 1.69 hectares currently zoned Business Park Two (B-2)j be received; and further, That the Design Brief and design requirements be implemented through the Site Plan Approval process, with any modifications to the Design Brief and the sections pertaining to Site 2 to be considered in conjunction with zone change application ZC06/28/H/BS." 7. That the Vision Statement, dated January 2009, prepared for the Ministry of the Attorney General Branch of the Province of Ontario for the Waterloo Region Consolidated Courthouse located at 73-87 Frederick and 35-39 Weber Street East, Part of Lot 1, Registered Plan 364 and Part of Lots 5 to 7 inclusive, Registered Plan 372 attached as Appendix 'A' to Development and Technical Services Department report DTS-09-022, be adopted; and, That the Vision Statement and design requirements be implemented through the Site Plan Approval process, with any modifications to the Visioning Statement being to the satisfaction of the Director of Planning in consultation with the Supervisor of Site Plan Development; and further, That in keeping with the standards pursued by local area municipalities, the Province of Ontario be requested to incorporate a minimum LEED Gold Certification into the design for the Waterloo Region Consolidated Courthouse. 8. That the Upper Blair Creek (Kitchener) Functional Drainage Study, prepared by Stantec Consulting Ltd., substantially in the form of the Final Report dated February 2009, be received and approved with the proviso that the Director of Engineering may approve minor revisions to the text required as a result of the resolution of the Ontario Municipal Board Appeals (Cases Numbered PL061250, PL061251 and PL070696) to the satisfaction of the City Solicitor. (Dealt with under Delegations and Carried) 9. That the DRAFT 2009-2010 and Post 2010 Growth Management Plan be received for information, discussion and public input, and returned with any necessary changes and supporting recommendations to the March 30th, 2009 Development and Technical Services Committee; and further, That staff report to the February 23, 2009 Council meeting on the practicability of convening a committee/task force comprised of staff, developers or their representatives and other stakeholders, to meet and discuss issues with the draft Growth Management Plan with the intent to resolve the issues prior to March 30, 2009. 10. That Zone Change Application ZC08/13/S/AP, requesting a change from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Use Provision 3800 and Special Regulation Provision 482R on lands legally described as Part Lot 493, Plan 375, as described as Part 3, Reference Plan 58R-2358 in the City of Kitchener, owned by 1743108 Ontario Limited, be approved in the form shown in the "Proposed By-law", dated November 26, 2008, attached to report DTS-09-006. (Dealt with under Delegations and Carried) COUNCIL MINUTES FEBRUARY 23, 2009 - 51 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Cont'd) 11. That Official Plan Amendment Application OP08/06/L/LT requesting a change in designation from Convenience Commercial in the Central Frederick Secondary Plan to Convenience Commercial with a Special Policy to permit a freestanding health clinic, on lands municipally known as 10 Lancaster Street West, and legally described as Pt Lots 1 and 2, Plan 79 and Pt Lot 145, Streets and Lanes closed by By-law 230804, in the City of Kitchener, be adopted, in the form shown in the Official Plan Amendment attached to Report DTS-09-009, and accordingly forwarded to the Region of Waterloo for approval; and further, That Zone Change Application ZC08/24/L/LT requesting a change from Convenience Commercial Zone (C-1) to Convenience Commercial Zone (C-1) with Special Use Provision 3830 and Special Regulation Provision 487R on the lands municipally known as 10 Lancaster Street West, and legally described as Pt Lots 1 and 2, Plan 79 and Pt Lot 145, Streets and Lanes closed by By-law 230804 in the City of Kitchener, be approved, in the form shown in the Proposed By-law attached to Report DTS-09-009, dated December 23, 2008. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the 2009 Motorcycle Ride For Dad Committee for their 6th Annual Grand River (Kitchener) Motorcycle Ride For Dad on June 6, 2009, between the hours of 8:00 A.M. and 10:00 A.M., at the Kitchener Memorial Auditorium. 2. That a by-law to licence Street Vendors in the City of Kitchener be prepared for Council's consideration on February 23, 2009, based on the proposed draft by-law attached to Corporate Services Department report CRPS-09-005. 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, Council take no action to oppose the application for a liquor license for Centre In The Square, located at 101 Queen Street North, applied for by Centre In The Square (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 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 by 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 the Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 4. That the purchase of additional consulting work related to the Victoria Park-David-Schneider- Dill Road Reconstruction project, to an upset limit of $26,000. (plus GST), be awarded to IBI Group, Waterloo ON. COUNCIL MINUTES FEBRUARY 23, 2009 - 52 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (Cont'd) 5. That extension of services provided by The Osborne Group Toronto Inc., Toronto Ontario, be approved in the amount of $60,000. including disbursements and G.S.T., to cover additional consulting and advisory services to the City related to the Consolidated Maintenance Facility - Project Planning and the training and transfer of knowledge to an in-house resource. 6. That the City of Kitchener's registration and participation in Earth Hour on March 28, 2009 be approved; and further, That staff be directed to find ways of encouraging other citizens, businesses and organizations within the community to participate. 7. That travel assistance grants be approved to Vivian Berkeley and Carrie Speers in the amount of $500. each, to attend the World Bowls Competition for the Blind/Vision Impaired in Melbourne, Australia, from April 18 to May 2, 2009. 8. That the hiring of one (1) new full time Natural Area Coordinator position in 2009 be approved, and that the full cost of this position be funded from the Natural Area Stewardship\Conservation capital program (Project Number 62091004). 9. That the Brownfield Remediation Program Application received from Francis Street Inc., dated September 23, 2008 and received on October 29, 2008, be approved; and, That in exchange for a completed and filed Record of Site Condition for 36 Francis Street South the City of Kitchener will provide a grant in the form of an annual rebate on City taxes in an amount equal to 100% of the City Tax Increment; where the City Tax Increment is defined as the difference between the City portion of real property taxes for the 2008 Taxation Year and the new City portion of real property taxes levied as a result of a new assessment by the Municipal Property Assessment Corporation (MPAC) following completion of the project; the property tax grant is estimated to be $244,575 in the first year following re-assessment by MPAC and $109,151 in the second year following re-assessment; and, That the Region of Waterloo Brownfield Coordinator be advised of Kitchener Council's decision regarding this Application; and further, That the Mayor and Clerk be authorized to execute an Agreement between the Region of Waterloo and Francis Street Inc., subject to the satisfaction of the City Solicitor. (Deferred to the March 2, 2009 special Council meeting pending additional information) 10. That subject to the applicant entering into an agreement with the City including certain conditions of operating a licensed establishment as set out below, Council take no action to oppose the application for a liquor license for Cafe Refresh located at 16 Charles Street West, applied for by Refreshment Ideas Inc. (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 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 an active member of the Kitchener Downtown Business Association's License and Entertainment Committee and attend its meetings; 3. to abide by 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 12:01 a.m. daily in the first year of operation and thereafter to stop serving alcohol by 2:00 a.m. daily; 5. to serve only beer and wine for the first year of operation (no hard liquor); COUNCIL MINUTES FEBRUARY 23, 2009 - 53 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (Cont'd) 10. (Cont'd) 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 Smoking By-law; and, 8. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 11. That the Manager of Licensing be authorized to issue a 2009 Alternative Massage Centre Licence to Oriental Health Centre located at 690 King Street West conditional on the outcome of a City initiated zone change. 12. That a Class `A' Place of Refreshment Licence be granted to Cafe Bar Azzuro located at 347 Lancaster Street West with the following conditions attached: 1. all outside patios must be closed and vacated no later than 11:00 p.m. Sunday to Thursday and no later than 1:00 a.m. on Friday and Saturday; 2. the front door to 347 Lancaster Street West shall be used as the main entrance for the business; 3. all patrons must vacate the premises which include the building and outside areas no later than 2:45 a.m. and only the business licensee and paid staff of the business may remain; 4. during business hours, the licensee shall ensure that the outside areas of the premises are regularly monitored to mitigate issues and/or problems that may affect the neighbours of the business; and, 5. a report from the City's Licensing staff be brought forward for consideration of the Finance and Corporate Services Committee prior to issuance of a 2010 business licence to inform of any issues and/or problems that may have arisen since last issuance of the business licence. 13. That staff be directed to consider options to create more time to allow development of proposals for the preservation of the King Street Theatre Centre (KSTC) as a community theatre arts space; and further, That the City act as facilitators to assist both in securing more time and in proposal development by meeting with the KSTC Board and the broader arts community. (Dealt with under Delegations and Carried) COUNCIL MINUTES FEBRUARY 23, 2009 - 54 - 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. Tag Dav Request - Navv League of Canada Council considered correspondence from Mr. Rob Milne, President, Navy League of Canada, K-W Branch, dated February 18, 2009, requesting permission to conduct Tag Days on April 17-19, 2009. It was resolved: "That the request of the Royal Canadian Sea Cadets Corp Warspite to conduct Tag Days on the evening of April 17 and all day on April 18 & 19, 2009, at various malls, grocery stores, liquor store entrances, as outlined in correspondence from R. Milne, dated February 18, 2009, be granted." 3. Liquor Licence Review Application -1725194 Ontario Limited, 352 King Street W Council considered Corporate Services Department report CRPS-09-013 (P. Harris), dated February 18, 2009. 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 take no action to oppose the application for a liquor license for McCabe's located at 352 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 Association's Licensed Establishments Entertainment Committee and attend its meetings; 3. to abide to a set 70% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) in other words, alcohol sales will be limited to 70% 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 Regional Smoking By-law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any)." COUNCIL MINUTES FEBRUARY 23, 2009 - 55 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Committee of Adjustment Decisions Council considered Corporate Services Department report CRPS-09-020 (D. Gilchrist), dated February 18, 2009. It was resolved: "That the application of GPM Managed Investments Inc. (SG 2009-001 - 35 Sportsworld Crossing - 100 Sportsworld Drive) requesting permission to cover approximately 70% of the easterly wall of the arena with a series of mural signs rather than the permitted 30% coverage, with there being no space between each of these signs rather than the required separation of 0.3m (0.98'), on Part Lots 8 & 9, Beasley's Broken Front Concession, 35 Sportsworld Crossing (100 Sportsworld Drive), Kitchener, Ontario, BE APPROVED, subject to the following conditions: 1. That the owner shall obtain sign permits from the City of Kitchener and the Ministry of Transportation; and, 2. That the owner shall obtain an occupancy permit from the Planning Division for the business to be advertised "Hockey Life"." 5. Uncollectable Receivables Write-off Council considered Financial Services Department report FIN-09-034 (J. Evans), dated February 13, 2009. It was resolved: "That Uncollectable Receivables, amounting to $27,468.50 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 6. Uncollectable Utility Accounts Write-off Council considered Financial Services Department report FIN-09-033 (J. Evans), dated February 13, 2009. It was resolved: "That Uncollectable Utility Accounts, amounting to $78,778.99 be written off against the Allowance for Doubtful Sundry Receivables and the Allowance for Doubtful Utility Receivables." 7. Appointment -Environmental Committee Council considered Corporate Services Department report CRPS-09-021 (C. Goodeve), dated February 18, 2009. It was resolved: "That Simone Smith be appointed to the Environmental Committee for a term expiring November 30, 2010." COUNCIL MINUTES FEBRUARY 23, 2009 - 56 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) $. Kitchener Growth Management Plan -Update Council considered Development and Technical Services Department report DTS-09- 033 (B. Sloan), dated February 18, 2009. It was resolved: "That Development and Technical Services Department report DTS-09-033 (Kitchener Growth Management Plan Update), dated February 18, 2009, be received for information."