Loading...
HomeMy WebLinkAboutCouncil - 2010-03-22COUNCIL_ MINUTES MARCH 22, 2010 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor B. Vrbanovic. The meeting began with the singing of "0 Canada" by the Rockway Entertainers. On motion by Councillor K. Galloway, the minutes of the regular meeting held February 22, 2010 and special meetings held February 22 and March 8, 2010, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE — NIL, Mr. Dan Driedger, Resource Development Director, Mennonite Central Committee (MCC) - Ontario, attended to thank the City for its $5,000. donation toward the Haitian earthquake relief efforts. It was also noted that of $2.5M received by the MCC in financial donations, $425,000 came from the within the Kitchener community, as well as 7,500 relief kits that have been sent on to Haiti. Mayor C. Zehr thanked the MCC for their work in organizing community relief efforts. The following individuals received Awards of Merit and Certificates of Service in recognition of serving on special Committees and Boards under the jurisdiction of City Council. Recipients personally received their award I certificate presented by Mayor C. Zehr. A Certificate of Service is given for up to 5 years of service and an Award of Merit for service in excess of 5 years. Awards of Merit Certificate of Service Brian Burnley Jamie Hill Elizabeth Esenbergs Dennis Yanke Sue Morgan f.;,. Ms. J. Ouellette, Facilitator of Volunteer Resources & Community Engagement, announced National Volunteer Week to take place April 18 - 24, 2010 in celebration of Canadian volunteers under the theme "Volunteers. From Compassion to Action." Ms. Ouellette provided an overview of community events and promotions, including production of a "Volunteer Appreciation" slideshow showcasing City staff who work with volunteers in the Corporation and I or who themselves volunteer within the community. Ms. J. Ouellette, attended together with Nikki Byers, Jessica Ferguson and Breanna Scott, student interns, to present an overview of activities planned for Earth Week, April 16 - 25, 2010. Events will kick off with Earth Hour on March 27, encouraging all Kitchener residents and businesses to join with others across the world in turning off all lights for 1 hour between 8:30 and 9:30 p.m. Other initiatives include: a 20- Minute Makeover; community and school clean -ups; Living Earth Festival; and, Kitchener's Natural Areas Program activities. New this year, will be use of The Cube at City Hall to display digital images of our planet and vast resources; follow -up and support within the community to promote sustainable change; and, connecting planned events with the City's environmental goals and objectives, as outlined in 'A Plan for a Healthy Kitchener' and the City's Strategic Plan for the Environment. Ms. Sandra Hanmer, CEO, Waterloo Wellington Local Health Integration Network ( WWLHIN), provided an update on activities of the WWLHIN, together with guiding principles and priorities for the next three -year period, 2010 -2013. Priorities for 2010 -2013 include improving: wait times for MRI exams (goal of no more than 28 days); access to emergency department care (particularly ambulatory services); access to primary care; access to, and co- ordination of, addictions and mental health services; chronic disease prevention and management (focus on diabetes); outcomes for stroke patients through integrated programs; reductions in alternate level of care days; and patient safety 1 quality of care. WWLHIN will also work to develop a Rural Health Services Framework with the long term goal to create an integrated strategy for rural communities that links social, economic development and environmental sustainability strategies to a rural health plan. Mr. lain Klugman, President, Communitech, presented an update on The Hub, a centre bringing industry, both small and large companies, together with government and academic partners to promote collaboration, research and development in the digital media sector. The 30,000 sq. ft. centre located at the Tannery Building, will open in ,tune 2010 and will also house the headquarters of The Canadian Digital Media Network, a leader in National commercialization of the global digital media economy. Mr. Klugman advised that the City's $500,000. contribution to this initiative has COUNCIL MINUTES MARCH 22, 2010 -67- CITY OF KITCHENER helped to leverage over $100M in additional funding from within the private sector and other government agencies. He thanked the City for its contribution, commenting that The Hub has grown beyond original expectation to encompass both a Regional and National mandate. Ms. Michelle Wade, Heritage Planner, presented the 2009 Heritage Progress Report, which provides details of Committee and staff activities related to: heritage property evaluations for listing on the Municipal Heritage Register; heritage permit applications; grant applications; heritage awareness programs; major projects; heritage impact assessments and conservation plans; and 2009 restoration achievements. Ms. Wade noted the most significant accomplishment in 2009 was the design, construction and dedication of the St. Mary's Heritage Conservation District Interpretive Area, located at Veterans' Green (Spadina Road East and Glen Road); a project undertaken in consultation with Heritage Kitchener and members of Legion Branch #50. Ms. Susan Mainland, Social Planning Council, and Ms. Janice Ouellette, announced kick -off plans for the 2010 Festival of Neighbourhoods, which encourages individuals and families to build stronger neighbourhood relationships by planning and registering neighbourhood events. The neighbourhood registering the most events will receive a $10,400, capital community grant from the City to be used toward a special project that will enhance the winning neighbourhood. Ms. Mainland also challenged members of Council to again participate in the Ward Challenge, in which City Councillors are encouraged to help citizens in their respective Wards to register an event. Mayor C. Zehr advised that notice had been given that Council would consider this date adoption of a by -law to close part of Howe Drive, listed as Items 10(d) and 13(e) on the Council agenda. Mayor Zehr inquired if anyone in attendance wished to speak to this matter and no one came forward. Moved by Councillor G. Lorentz Seconded by Councillor C. Weyiie "That the by -law to close part of Howe Drive, listed as Items 10(d) and 13(e) on the Council agenda, be given three readings this date." Carried. Mr. David Marskell, The Museum (formerly The Children's Museum), attended in support of Item 7 on the Committee of the Whole agenda, regarding a one -time allocation of investment funds. Representatives from the Kitchener - Waterloo Art Gallery and the Kitchener - Waterloo Symphony were also in attendance in support of similar funding to their respective organizations. Councillor J. Gazzola commented that while he could support the principle of providing $1 1 capita for the creative sector through establishment of an "Enabling Organization ", he could not support the proposed investment funding. He noted that the funds are residual monies previously set aside for a capital project that ultimately did not proceed due to failure to obtain other government grant funding and now is being called a "sustainability" fund with almost the entire amount to be given away. He stated that of particular concern was the amount of public funding to The Museum. He pointed out that the City is to contribute a total of approximately $250,000. to The Museum this year and the Region of Waterloo has given an additional $300,000 of which approximately 40% comes from Kitchener tax dollars. He suggested that while he could support giving more funding to the arts, more information is needed in regard to the proposed investment funding allocations. Mayor C. Zehr commented that the issues surrounding funding for all three of the organizations has been ongoing for some time and as a result of the study undertaken by the Prosperity Council, it has been demonstrated that the creative sector is underfunded. He noted that the "Enabling Organization" is not yet operational and the proposed investment funding is intended to match the commitment of a $1 / capita in the interim. He suggested that it is important to address this matter now in terms of allowing the organizations to move forward with planning for this years programming and as a condition of approval, all three organizations are required to report to the City on an ongoing basis. Moved by Councillor G. Lorentz Seconded by Councillor C. Weylle "That one time allocation of the following investment amounts be made from the Arts and Culture Sustainability Fund: COUNCIL MINUTES MARCH 22, 2010 -68- CITY OF KITCHENER The (Children's) Museum $120,000 Kitchener Waterloo Art Gallery $ 40,000 Kitchener Waterloo Symphony $ 40,000 Retain for emergency requests $ 20,000; and, That these organizations be notified by letter indicating: the purpose of the funds, the requirement for semi annual financial reporting to Council and the requirement to work with the Enabling Organization of the Prosperity Council and other arts organizations during 2010 with the aim to increase collective sustainability; and further, That consideration of replenishing the Fund to provide for ongoing investment funding beyond 2010 be referred to the 2011 Operating Budget Process." A recorded vote was requested. In favour: Mayor C. Zehr and Councillors G. Lorentz, J. Smola, K. Galloway and C. Weylie. Contra: Councillor J. Gazzola Absent: Councillor B. Vrbanovic Motion Carried. Mr. Dave Weaver attended in support of the decisions of the Committee of Adjustment relative to Sign Variance Applications, Submission Nos. 2010 -006 (2430 Homer Watson Boulevard); 2010 -007 (1241 Weber Street East); 2010 -008 (426 Highland Road West); and 2010 -009 (795 Ottawa Street South), listed as Items 2.13 iii), iv), v) and vi) on the Committee of the Whole agenda. Moved by Councillor J. Gazzola ts, Seconded by Councillor G. Lorentz "That the application of Antigua International Developments Limited (SG 2010 -006 - 2430 Homer Watson Boulevard) requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By -law does not permit signs to extend above the building, on Part of Biehn's Unnumbered Tract, being Parts 2 & 3, Reference Plan 58R -4554, 2430 Homer Watson Boulevard, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener." - and - "That the application of Golden Triangle Oils Limited (SG 2010 -007 - 1241 Weber Street East) requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By -law does not permit signs to extend above the building, on Lots 1-4 & 18 -22, Plan 322, being Parts 3, 4 & 7, Reference Plan 58R- 14719, 1241 Weber Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener." - and - "That the application of Golden Triangle Oils Limited (SG 2010 -008 - 426 Highland Road West) requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By -law does not permit signs to extend above the building, on Part Lot 92, Plan 786, 426 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener." COUNCIL_ MINUTES MARCH 22, 2010 _69- CITY OF KITCHENER I -and - "That the application of 795 Ottawa Street Developments Inc. (SG 2010 -009 - 795 Ottawa [ Street South) requesting permission for 2 fascia signs to project 1.034m (3.39') above the building elevation when the Sign By -law does not permit signs to extend above the building, on Lot 1, flan 1356 and Part Lot 2, Plan 1027, being Parts 1, 2, 3 & 5 Reference Plan 58R -900, 795 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener." Carried. Mr. Paul Britton, MHBC Planning Limited, attended on behalf of Stantec Consulting Limited in support of Clause 5 of the Development & Technical Services Committee report, dealing with an extension to Stantec's Purchase Order to complete the Class Environmental Study (EA), Detailed Design and Inspection for the Strasburg Creek Flood Control Structure. Moved by Councillor C. Weylie Seconded by Councillor J. Garxola "That Clause 5 of the Development & Technical Services Committee report of this date be adopted." Carried. Ms. Yvonne Fernandes attended in regard to Clauses 6 and 7 of the Development & Technical Services Committee report, dealing with an Environmental Study Report (ESR) for improvements to Huron Road between Strasburg Road and Fischer- Hallman Road. She raised concerns regarding` the impact of road salt to the Strasburg Creek, asking that this be taken into consideration by the consultant and construction crew. She further asked that care be taken during construction to ensure that refuelling of heavy equipment take p lace away from the Creek ek area to mitigate spillage e a nd thereby, avoid any detrimental environmental impact. Mr. P. Britton was also in attendance on behalf of the gravel pit owners and Hallman Construction Inc. regarding Clause 6 of the report. Mr. Britton circulated a memorandum, dated March 22, 2010 requesting an amendment to Clause 6 to provide that the ESR relating to the EA for Huron Road Improvements include a recommendation that the Class EA Study for the Strasburg Greek Flood Control Structure be endorsed by Council prior to final design approval and construction of that portion of Huron Road which may function as a flood control structure. Mr. Britton pointed out that Council had resolved to direct staff in 2008 to target both the Strasburg Flood Control EA and the Huron Road EA for completion in early 2009. He advised that they were subsequently notified in November 2009 of staffs intent to separate the two EA's and City staff have recently confirmed that the Strasburg Flood Control EA will be further delayed as part of the West Side study; to which his clients' have a number of concerns as outlined in his memorandum. Mr. Britton advised that his proposed amendment to Clause 6 is intended to address those concerns and was of the opinion it represents a win 1 win situation for all concerned. Messrs. Chris Pidgeon, GSP Group, and Mr. Vaughn Bender, RBJ Schlegel Holdings, also attended in regard to Clause 6 of the report, asking that Council consider further deferral of the matter to allow them an opportunity to review in detail a copy of the Huron Road design recently received from City staff. Mr. Pidgeon asked that if a deferral was not approved that Council consider the following alternative to the 7.5m road widening: "That the Huron Road EA be approved and that the Detailed Design include a 'multi -use trail' as an alternative to the typical on- street cycling lanes and sidewalk design, and to include the 4.5m widening from the Huron Heritage Subdivision as set out in the Municipal Plan. ". He suggested that the proposed on- street cycle lanes be removed and replaced with a 3m wide multi -use trail on both sides of the roadway with no sidewalk. The result is a 3.3m planting strip representing a compromise of 1.2m, negating the need for the additional 3m widening from the Huron Heights subdivision. Mr. Pidgeon advised that City staff believe it is necessary to separate pedestrians from cyclists and therefore, are considering a standard of a 2m trail, plus a 1.8m sidewalk and boulevard of 3.9m for a total of 7.7m equating to the land requirement of 7.5m from the Huron Heights subdivision. The developer believes it is not necessary to separate pedestrians from cyclists, noting that the multi -use trail allows cyclists to be off -road and provides an opportunity to COUNCIL MINUTES MARCH 22, 2010 -70- CITY OF KITCHENER aesthetically design Huron Road; a nationally historic route. Mr. Pidgeon noted examples in other municipalities, including the City of Ottawa, where a multi -use trail has successfully been incorporated and advised that the developer is committed to providing a 4.5m road widening in accordance with the Ontario Municipal Board Order. Mr. J. Willmer, Interim General Manager, Development & Technical Services, and Mr. Binu Korah, Manager of Development Engineering, responded to questions concerning the feasibility of incorporating a multi -use trail, advising that this could be considered as part of the design detail but to have full flexibility in determining final design it was preferable to maintain the proposed 30m right -of- way. It was noted that in the design phase if it is determined the pedestrian 1 cycling areas can be accommodated in a lesser area, residual land can be returned to the property owner. It was also noted that the concept of multi -use trails can be considered as part of the development of the City's Cycling Master Plan which is to come forward for consideration in June 2010. Mayor C. Zehr questioned if the proposed amendment by Mr. P. Britton would in any way hinder or delay the City from proceeding with the Huron Road improvements. Mr. J. Willmer advised that if the Strasburg Creek Flood Control Structure EA is included and is not acted on until mid -2011, tendering will not proceed until 2011 and accordingly, the Huron Road project will be delayed by one year. Councillor G. Lorentz requested clarification as to why these matters have been delayed beyond 2009. Mr. Willmer advised that the inter - relationship of these planning matters Is key and quite complex. He stated that the City is committed to complete the Flood Control Structure EA within the timelines for the West Side Study and was confident that all would be completed by mid -2011. Mr. P. Britton advised that it was not his clients' intent to delay the construction of the Huron Road improvements and suggested that the phrase "prior to final design approval and construction of that portion of Huron Road which may function as a flood control structure" be deleted from his proposed amendment. F Mr. R. Gosse, City Clerk, raised concerns that Mr. Britton's amendment as written seeks to bind a future Council, which in this circumstance is not permissible under the Municipal Act. Mr. J. Willmer suggested that should Council agree to the proposed amendment the wording be changed so as to direct staff to complete the Flood Control Structure EA, thereby placing onus on City staff rather than Council. Mr. C. Pidgeon raised concerns that he and his clients have no knowledge of Mr. Britton's proposed amendment and again asked that if Council is supportive of same, a deferral of the matter be approved to permit his clients an opportunity to review and respond to the proposal. Mayor Zehr advised that it was not his preference to further defer the matter and asked that a copy of Mr. Britton's memorandum be provided to Mr. Pidgeon at this time for his review. Mayor Zehr then referred to the alternative proposed by Mr. Pidgeon and questioned how this might be incorporated into Clause 6 to provide that a multi -use trail be considered as an option for the road design. Mr. J. Willmer suggested that the statement end at the phrase "and sidewalk design" so as not to limit the design to a 4.5m widening. He added that the road width can still be reduced from the proposed 30m if it is determined the design can be accommodated in less area. Councillors J. Gazzola and G. Lorentz spoke in favour of the proposed alternative of a multi -use trail design, suggesting that specific direction should be given to staff to consider this alternative as it was their opinion there is no reason not to combine pedestrians with cyclists. Councillor K. Galloway commented on concerns raised by area residents regarding the round -about proposed at the intersection of Strasburg Road and Huron Road, and advised that while she agrees the Huron Road Improvement EA should go forward she had similar concerns and was opposed to the round - about. Mr. C. Pidgeon advised that having reviewed Mr. Britton's memorandum, he and his clients did not fully understand the motivation behind the proposed amendment. They were of the opinion the Huron Road Improvement EA could move forward now and the issue of Mr. Britton considered at a future date as it is a separate EA. He again asked that if Council is amenable to the proposal of Mr. Britton that he and his clients be given more time to fully consider the implications to their land development. COUNCIL MINUTES MARCH 22, 2010 -71- CITY OF KITCHENER Councillor K. Galloway spoke in opposition to dealing with the proposed amendment by Mr. Britton at this time, agreeing that it could be considered at a future date so as to fully understand all of its implications. She stated that she was in favour of moving forward with the Huron Road Improvement EA and in giving firm direction to staff to consider the multi -use trail in the detailed design phase. Mayor C. Zehr asked if any member of Council wished to bring forward a motion to accept the amendment proposed by Mr. Britton and none responded. On motion by Councillor J. Smola, Seconded by Councillor G. Lorentz, the proposed amendment to Clause 6 of the Development & Technical Services Committee report of Mr. Chris Pidgeon was brought forward for consideration, as modified to provide that the Detailed Design for the Huron Road EA include a 'multi -use trail' as an alternative to the typical on- street cycling lanes and sidewalk design. Councillor G. Lorentz requested clarification as to the timing for the Strasburg Creek Flood Control EA and relationship of these planning matters to the Interim Control By -law previously enacted by Council. Mr. J. Willmer advised that the Interim Control By -law is in effect for a period of 1 year, expiring February 2011; however, the Planning Act provides for a further one year extension. Mr. Willmer advised that staff is committed to completing the work by June 2011 and was confident that staff will be in position at the time the by -law is to expire in February 2011 to know whether or not a further one year extension will be required. The motion to accept Mr. Pidgeon's proposed amendment, as modified, was then voted on and Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 6 of the Development & Technical Services Committee report of this date, as amended, be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 7 of the Development & Technical Services Committee report of this date be adopted." Carried. Mr. L. Gordon, Chief Purchasing Officer, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Mayor C. Zehr requested that staff report on the impact of the Harmonized Sales Tax (HST) relative to tender contracts. Mr, D. Chapman advised that it is anticipated that Provincial rebates to municipalities will result in no material impact to the City and staff will undertake to separate out tax impact in tender reports. He added that a comprehensive report on the impact of the HST is planned as part of the 2011 budget deliberations. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That PO 201634 for Expression of Interest E09 -054 — Consultant Services — Construction Management Services — Consolidated Maintenance Facility be extended by $327,342. plus G.S.T of $16,367.10 for a total of $343,709.10 to incorporate the percentage value of works being constructed," -and - "That Expression of Interest E09 -104, Consultant Services — Strasburg Road Extension (Rush Meadow Street to New Dundee Road), be awarded to SNC- Lavalin INC., Toronto, Ontario at their estimated fee of $2,321,991.44, including a contingency of $211,090.14 plus G.S.T. of 1. MARCH 22, 2010 COUNCIL MINUTES -72- CITY OF KITCHENER $8,920.46, H.S.T. of $278,665.70 for a total of $2,609,577.60 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." - and - "That Tender T09 -107, Domestic Gas Meters, be awarded to Elster Canadian Meter Company, Burlington, Ontario, at their tendered price of $488,600., plus G.S.T. of $24,430. and P.S.T. of $39,088., for an estimated annual total of $552,118., with an option to renew for three (3) additional twelve (12) month terms, subject to mutual agreement." -and - "That Tender T10 -001, Concrete Curb and Sidewalk Construction, be awarded to 410754 Ontario Limited O/A Sousa Concrete, Branchton, Ontario at their tendered price of $437,532.50 plus G.S.T. of $21,876.63 for a total of $459,409.13; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and - "That Tender T10 -002, Road and Surface Construction, be awarded to COCO Paving INC., Petersburg, Ontario at their tendered price of $3,235,745.41, including provisional items and contingencies of $256,943.31 plus G.S,T. of $161,787.27 for a total of $3,397,532.68; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T10 -003, Extension Wabanaki Drive (Goodrich Drive to Wilson Avenue) Road Construction, be awarded to Regional Sewer and Watermain LTD., Cambridge at their tendered price of $3,128,380.62, including provisional items and contingencies of $293,338.00, plus G.S.T. of $156,419.03 for a total of $3,284,799.65; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T10 -006, Natural Gas System Leakage Surveys, be awarded to G -Tel Engineering, London, Ontario, at their tendered price for a one (1) year period of $91,225. plus G.S.T. of $4,561.25 for a total annual estimated value of $95,786.25 with an option to renew for two additional one year periods." - and - "That Tender T10 -009, Road Reconstruction — Linden Avenue /Michael Street/Oak Street, be awarded to Sierra Construction (Woodstock) Limited, Woodstock, Ontario at their adjusted tendered price of $2,881,163.92, including provisional items and contingences of $492,059., plus G.S.T. of $144,058.20 for a total of $3,025,222.12; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and - "What Tender T10 -010, Anti Scald Mixing Valves, be awarded to Desco Plumbing and Heating Supply, Kitchener at their tendered price of $241,500., plus G.S.T. of $12,075. for a MARCH 22, 2010 COUNCIL MINUTES -73- CITY OF KITCHENER total estimated annual value of $253,575. plus P.S.T., for a one (1) year period with an option to renew for two (2) additional twelve (12) month terms, subject mutual agreement." -and - "That Tender T10 -017, Park Street (Stewart Street to Allen Street W.), Gildner Street (Eden Avenue to Park Street), Wood Street (Eden Avenue to Park Street) Reconstruction, be awarded to J. Weber Contracting Limited, Breslau at their corrected tendered price of $6,536,245.60, including provisional items of $524,100., plus G.S.T. of $282,785.52, plus H.S.T of $114,469.59 for a total of $6,933,500.71; and further, That the Mayor and City Clerk 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." At the request of staff, it was agreed to amend Clause 13 of the report, dealing with the Comprehensive Review of Employment Lands Study, to provide that the Study be adopted as amended to reclassify all lands currently designated as Municipal Services and Public Utilities in the Kitchener Official Plan as Category 4 and to add the phrase "and Policy 1.3 of the Provincial Policy Statement" after the phrase "Ontario's Places to Grow Growth Plan ". The Development & Technical Services Committee report was then voted on clause by clause. Clause 5 - Dealt with under Delegations and Carried. Clause 6 - Dealt with under Delegations and Carried, as Amended. Clause 7 - Dealt with under Delegations and Carried. Clause 13 - 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. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Finance and Corporate Services Committee be adopted." Councillor J. Gazzola spoke in opposition to Clause 6 of the report, concerning an extension to a Purchase Order for additional purchase of pedestrian lighting and traffic poles for improvements on King Street and adjacent to City Hall. Councillor Gazzola questioned why the proposed purchase could not proceed through the normal tendering process given it is not related to infrastructure stimulus funding. Mr. S. Allen, Manager, Engineering Design & Approvals, advised that the length of time to undertake the normal tendering process would be between 6 to 8 weeks, and would delay delivery of the materials into the Fall; resulting in an inability to meet the deadline of June 2010 for installation of the street lighting on King Street. COUNCIL MINUTES MARCH 22, 2010 -74- CITY OF KITCHENER Councillor G. Lorentz requested that Clause 8 of the report, concerning direction to staff to formulate amendments to Council Policy 1 -227 (Enforcement - By- laws), be amended to provide that staff report to the April 12, 2010 Finance and Corporate Services Committee meeting as to the number of properties included in the multiple fence violation complaints filed by a single complainant and of those properties, the number investigated, the number of applications made and fees paid to the Committee of Adjustment; and that Enforcement staff take no further action on the complaints pending consideration of the April 12 report; and that any current related applications to the Committee of Adjustment be returned with the application fees paid. Councillor J. Gazzola raised concerns with the final point of the amendment, suggesting that the wording pre - concludes the outcome of the discussion to be held on April 12. Councillor G. Lorentz questioned the feasibility of holding any current applications to be considered by the Committee of Adjustment in abeyance pending the April 12 meeting. Mr. R. Gosse, City Clerk, advised that no fence variance applications were considered at the last Committee of Adjustment meeting held March 16 and none are pending at this time for the April 20th meeting; however, as the submission deadline has not yet expired for the April 20th meeting the final point of the amendment was included in the event an application is made. Mr. S. Turner, Director of By -law Enforcement, suggested that given there are no applications at this time and Legislated Services staff have been asked to apprise Enforcement staff of any applications prior to setting a hearing date, this issue could be covered by staff without need of specific direction. The Finance and Corporate Services Committee report was then voted on clause by clause Clause 6 - Carried. Clause 8 - Carried, as Amended. Balance of report - Carried. Councillor K. Galloway referred to an issue concerning the Tree Conservation By -law relative to a number of properties on more than one acre wherein tree cutting is conducted as a livelihood. She asked that should it be determined the Region of Waterloo's by -law does not take precedence that a report be brought forward with options for an exemption to the City's by -law. Councillor J. Gazzola referred to the purchase of specialized garbage containers that are to be used by businesses along King Street, noting that he is still seeing substantial green garbage bags at curb side. He asked why the proper containers are not being used and Mr. R. Regier, Executive Director of Economic Development, agreed to have Downtown Community staff investigate this matter. Councillor J. Smola referred to housekeeping amendments to the City's Zoning By -law currently being prepared by Planning staff, and in particular, to correction of the extent of special provisions applying to certain properties. He asked that as part of the correction, Residential Care Facility be included as a permitted use to three specific properties on Victoria Street North; and a Holding Provision be removed from one of the three properties, subject to submission of appropriate documentation. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Planning staff, when correcting the extent of special provisions on 87, 91 and 97 Victoria Street North through the next housekeeping amendments to the City's Zoning By -law, be directed to include 'Residential Care Facility' as a permitted use, including on the ground floor; and further, That provided the appropriate documentation is received, Holding Provision 10H be removed from 97 Victoria Street North." Carried. Council agreed to the request of Mr. R. Gosse, City Clerk, to add three additional by -laws for three readings this date, including: a zoning amending by -law (Chalon Estates - ZC 07 /06 /E /BB), zoning amending by -law (Will-0 Homes Inc. - ZC 09 /11 /R /EB), and zoning amending by -law (Hallman Construction - ZC 09 /13 /V /GS), relative to Clauses 8, 9 and 10, respectively, of the Development & Technical Services Committee report. COUNCIL MINUTES MARCH 22, 2010 -75- CITY OF KITCHENER 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 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 close part of the public highway known as Howe Drive, in the City of Kitchener. (e) 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. (f) Being a by -law to assume certain lands within the City of Kitchener as a public highway. (g) Being a by -law to amend By -law 2008 -82 to extend the time period for exemption from Part Lot Control — Part Block 59, Registered Plan 58M -348 — Banffshire Crescent. (h) Being a by -law to exempt certain lots from Part Lot Control — Part of Block 6, Registered Plan 58M -55 — Windflower Crescent. (i) Being a by -law to exempt certain lands from Part Lot Control — Part of Lots 71 to 76 inclusive, Part of Lots 79 to 83 inclusive, Part of Lots 86, 87, 90, 91 and Part of Lots 116 to 119 inclusive, Registered Plan 58M -472 -- Sorrento Street. (j} Being a by -law to amend certain lots from Part Lot Control — Block 1, Registered Plan 58M -413 and Block 11, Registered Plan 58M -89 — Spring Mist Drive. (k) To confirm all actions and proceedings of the Council. (1) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Chalon Estates Inc. (m) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Will-0 Homes (2002) Inc. — River Road East. (n) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Hallman Construction Limited — Valebrook Street. 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 K. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. ,Zehr occupied the Chair. Moved by Councillor K. Galloway Seconded by Councillor C. Weylie "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. r COUNCIL MINUTES MARCH 22, 2010 -76- CITY OF KITCHENER Council subsequently gave first and second reading to a by -law relative to Item B.5 of the Committee of the Whole, (shown as Item o] below), to authorize execution of an amendment to the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the by -laws be given 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. (By -law No. 2010 -044) (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. (By -law No. 2010 -045) (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. (By -law No. 2010 -046) (d) Being a by -law to close part of the public highway known as Howe Drive, in the City of Kitchener. (By -law No. 2010 -047) (e) 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. (By -law No. 2010 -048) (f) Being a by -law to assume certain lands within the City of Kitchener as a public highway. (By -law No. 2010 -049) (g) Being a by -law to amend By -law 2008 -82 to extend the time period for exemption from Part Lot Control — Part Block 59, Registered Plan 58M -348 — Banffshire Crescent. (By -law No. 2010 -050) (h) Being a by -law to exempt certain lots from Part Lot Control — Part of Block 6, Registered Plan 58M -55 -- Windflower Crescent. (By -law No. 2010 -051) 0) Being a by -law to exempt certain lands from Part Lot Control -- Part of Lots 71 to 76 inclusive, Part of Lots 79 to 83 inclusive, Part of Lots 86, 87, 90, 91 and Part of Lots 116 to 119 inclusive, Registered Plan 58M -472 — Sorrento Street. (By -law No. 2010 -052) (j) Being a by -law to amend certain lots from Part Lot Control -- Block 1, Registered Plan 58M413 and Block 11, Registered Plan 58M -89 — Spring Mist Drive. (By -law No. 2010 -053) COUNCIL MINUTES MARCH 22, 2010 -77- CITY OF KITCHENER (k) To confirm all actions and proceedings of the Council. (By -law No. 2010 -054) (1) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Chalon Estates Inc. (By -law No. 2010 -055) (m) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — Will -O Homes (2002) Inc. — River Road East. (By -law No. 2010 -056) (n) Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener - Hallman Construction Limited — Valebrook Street, (By -law No. 2010 -057) (o) Being a by -law to authorize the execution of an amendment to the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities between the Association of Municipalities of Ontario and the Corporation of the City of Kitchener as in Schedule `A' attached hereto. (By -law No. 2010 -058) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:55 p.m. ... ............................... ....r.9 ✓..'�... ....., y..... ..4:.v1.`.'.'.�.< ._- _.,._.,..................... ........ .... ,.... ,. .'.:. ................ ,..,., ......... .,...... .,..,....... ,.... ,....... ,..,.. MAO 1\� CLERK COUNCIL MINUTES MARCH 22, 2010 -78- CITY OF KITCHENER > REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the Uniform Traffic By -law be amended to prohibit parking on both sides of Doon Valley Drive between Pinnacle Drive and Conestoga College Boulevard Monday to Friday between the hours of 8:00 a.m. to 4 :00 p.m. 2. That the existing traffic calming measures on Homewood Avenue, consisting of three (3) speed humps from Queen Street South to West Avenue, remain in place. 3. That the Draft Telecommunication Tower and Antenna Protocol, dated February 1, 2010, be approved in principle and forwarded to Industry Canada for its review and comment. 4. That Demolition Control Application DC09 /16/H /ATP requesting permission to demolish one (1) single detached dwelling located at 38 Howe Drive, owned by Will -O Homes Inc., legally described as Part Lot 48 German Company Tract, being farts 1 and 2 on 58R- 12058, be approved subject to the following conditions: 1) That the owner obtains a building permit for the proposed residential townhouse units; and, That upon satisfaction of condition 1, 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 new townhouse units 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 t ` the permit to demolish the residential property is issued. 5. That the Purchase Order for consulting services to Stantec Consulting Limited be extended for the additional amount of $330,000 plus applicable taxes to complete the Class Environmental Assessment Study, Detailed Design and Inspection for the Strasburg Creek Flood Control Structure. (Dealt with under Delegations and Carried) 6. That the Huron Road Improvements from Strasburg Road to Fischer Hallman Road Environmental Study Report (ESR) prepared by MTE Consultants Inc., dated February 24, 2010 be received; and, That the Huron Road improvements from Strasburg Road to Fischer Hallman Road Environmental Study Report be filed with the Ministry of Environment for the mandatory thirty (30) day review period as required by the Environmental Assessment (EA) Act; and further, That the Detailed Design for the Huron Road Environmental Assessment (EA) include a 'multi- use trail' as an alternative to the typical on- street cycling lanes and sidewalk design. (Dealt with under Delegations and Carried, as Amended) 7. That the scope of work for MTE Consulting Inc. be extended for the amount of $295,808.25 (plus applicable taxes) to complete the Class Environmental Assessment Study, Detailed Design, Contract Administration and Inspection Services for the Huron Road improvements from Strasburg Road to Fischer Hallman Road. (Dealt with under Delegations and Carried) " 8. A. That Zone Change Application ZC07 /06 /E /BB (Chalon Estates) requesting a change in zoning from Residential Three Zone (R -3) with special use provision 260U and Hazard Land Zone (P -3) to: Residential Three (R -3) with special use provision 260U and special use provision 391U, Open Space (P -3), Neighbourhood Institutional (1 -1) with special COUNCIL MINUTES MARCH 22, 2010 _79- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) ' use provision 396U, and Neighbourhood Institutional Zone (1 -1) with special regulation (93R) according to By -law 85 -1, on Part of Block W, Registered Plan 1123 and Part of Lots 5 and 8, Biehn's Tract, be approved in the form shown in the Proposed By -law dated !November 23, 2009, attached to Development and Technical Services Department report DTS -10 -002, subject to approval of recommendation D in that report. B. That the 'Doon South Community Plan Land Use Map' be amended to reflect Block 13 as 'Neighbourhood institutional' and Blocks 14 to 16 as 'Open Space' as shown on "Schedule A" attached to Development and Technical Services Department report DTS - 10 -002; and further, That Policy 3.1 be amended to include'private community centres' as a permitted use. C. That an exemption to the City's Sidewalk Policy Resolution 1 -1120 be granted. D. That Pursuant to Section 51(44) of the Planning Act, R.S.O. 1990, and By -law No. 2002 -164, as amended, of the City of Kitchener, the conditions of draft approval for Plan of Subdivision 30T- 929009 for Chalon Estates Inc. in the City of Kitchener, be amended to revise the plan and text, so that the conditions of draft approval read as outlined in Development and Technical Services Department report DTS -10 -002; subject to the addition of the following condition: "80. The SUBDIVIDER agrees to install permanent fencing along the perimeter of Block 14 (Park) where it abuts Lot 1 and along the north and east limits of Block 14 (Park) adjacent to the ESPA within one year of the issuance of the first building permit in the subdivision." 9. That Zone Change Application ZC091111RIEB for 137 -145 River Road East (Will -O Homes Inc.), for the purpose of changing the zoning from Residential Three Zone (R -3) to Residential Three Zone (R -3) with Special Use Provision 4000 on the parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of Kitchener, be approved in the form shown in the "Proposed By -laud' dated February 3, 2010, attached to Development and Technical Services Department report DTS -10 -040. 10, That Zone Change Application ZC09 /13N /GS for Valebrook Street, Registered Plan 58M -365 Blocks 6, 7, 9 & 10 (Hallman Construction) for the purpose of changing the zoning from Residential Three (R -3) to Residential Three (R -3) with a Special Use Provision 527R, be approved in the form shown in the "Proposed By -law" dated February 3, 2010 attached to Development and Technical Services Department report DTS -10 -043. 11. That staff proceed with the Official Plan Review as outlined in the Development and Technical Services Department reports DTS -09 -158 and DTS -10 -051. 12. That Councillor K. Galloway be appointed to participate in the Kitchener Transportation Master Plan Steering Committee. 13. That the Comprehensive Review of Employment Lands Study, dated February 24, 2010, attached to Development and Technical Services Department report DTS -10 -054, be amended, to reclassify all lands currently designated as Municipal Services and Public Utilities in the Kitchener Official Plan as Category 4; and, That the Comprehensive Review of Employment Lands Study, dated February 24, 2010, attached to Development & Technical Services Department report DTS -10 -054, as amended, Ifl� be adopted and considered fulfillment of the City of Kitchener's obligations pursuant to Policy 2.2.6.5 of the Province of Ontario's Places to Grow Growth Plan and Policy 1.3 of the Provincial Policy Statement; and further, COUNCIL MINUTES MARCH 22, 2010 -80- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 13. (Cont'd) That Recommendations 1 to 8 of the Comprehensive Review of Employment Lands Study, dated February 24, 2010, provide direction for the City of Kitchener on future Official Plan matters concerning employment lands. (As Amended) COMMUNITY SERVICES COMMITTEE — 1. That the 2010 Community Grants Tier 2 in the amount of $125,620., be approved, as outlined in Appendix 2 of Community Services Department report CSD -10 -014, save and except the following: That a Tier 2 Community Grant in the amount of $1,000., be approved to the World Religions Conference who are requested to examine opportunities to generate additional revenues for this and future Conferences by charging participants a nominal fee for such things as parking, which are currently provided at no charge; and further, That a Tier 2 Community Grant in the amount of $2,000., be approved to Chestnut Hall Camerata, to assist with costs related to hosting a multi - discipline concert being held October 2010 at the Conrad Centre for the Performing Arts. FINANCE AND CORPORATE SERVICES COMMITTEE — 1. That K -W Oktoberfest, to be held October 8 to 16, 2010, be proclaimed a period of Civic Celebration; and, That the City of Kitchener has no objection to a Special Occasion Permit being issued for the Oktoberfest Festhallen to be operated by Kitchener - Waterloo Oktoberfest Inc. during the period of Civic Celebration; and further, That this event be declared a Community Festival as it is a celebration of Kitchener's German heritage. 2. That the Greek Orthodox Community of Saints Peter and Paul Church Kitchener - Waterloo & District, be granted permission to operate a Place of Refreshment on their premises at 527 Bridgeport Road East, Kitchener, on June 12 and 13, 2010, provided the necessary licence is obtained, including Health and Fire approval; and further, That since this Festival is a celebration of our ethnic diversity it be declared a "Community Festival ". 3. That the City of Kitchener has no objection to a liquor licence being issued to the Holy Spirit Festival Association of Kitchener - Waterloo for an event to be held on June 4 to 6, 2010 at 1548 Fischer - Hallman Road East, Kitchener; and further, That this event be declared a "Community Festival" for the purpose of applying for a liquor licence, since this is a traditional Portuguese celebration of their heritage and promotes unity and understanding within our community. 4. That Opportunities Waterloo Region be granted permission to hold an outdoor market at Centreville Chicopee Community Centre, 141 Morgan Avenue, one day per week from June 16 to September 30, 2010, provided the required licence is obtained. COUNCIL MINUTES MARCH 22, 2010 -81- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE — (CONT'D) 5. 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 Taco Delight, located at 24 King Street East, applied for by Rosaura Valles (herein referred to as the "Applicant "); and further, 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 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 Downtown Kitchener Business Improvement 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 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 Region of Waterloo Smoking By -law; and, 7. these conditions shall bind all successors, assigns and subsequent licence holders (if any). 6. That the Purchase Order PO #200386 issued to Nedco Electric be extended by $119,837 to accommodate the additional purchase of pedestrian lighting and traffic poles, to be used on the Community Adjustment Fund (CAF) and Infrastructure Stimulus Fund (ISF) funded improvements on King Street and adjacent to City Hall. 7. That staff be authorized to use the emergency provisions of the Purchasing By -law to complete the design and reconstruction of the Morgan Avenue sanitary sewer which will permit the Department Head to expedite the procurement of design and construction services over their normal allowable limits; and further, That $225,000 for the emergency reconstruction of the Morgan Avenue sewer easement be allocated from the Sandrock Trunk Sanitary Sewer project. 8. That staff formulate amendments to Council Policy I -227 (Enforcement — By- laws), in accordance with the principles outlined in Corporate Services Department report CRPS -10- 014, and present the proposed amendments at a future meeting of the Finance and Corporate Services Committee; and, That staff present a report to the April 12, 2010, Finance and Corporate Services Committee meeting with information on the number of properties included in the multiple complaints regarding residential fences filed in December 2009 by the same complainant and of those properties, the number that were investigated and those property owners that made application and paid fees to the Committee of Adjustment; and further, That By -law Enforcement be directed to take no further action on the multiple complaints regarding residential fences received in December 2009 from the same complainant until after the meeting of the Finance and Corporate Services Committee on April 12, 2010. (As Amended) That staff be directed to proceed with the establishment of a Kitchener Utilities Operations Control Centre separate from the Corporate Contact Centre, as outlined in Financial Services Department report FIN -10 -025, within the limits of the existing approved budget for the Corporate Contact Centre. COUNCIL MINUTES MARCH 22, 2010 -82- 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 — Various Tenders Dealt with under Delegations. 2. CRPS -10 -034 — Sign Variances Council considered Corporate Services Department report CRPS -10 -034 (D. Gilchrist), dated March 17, 2010. It is noted that the recommendations pertaining to the following Sign Variance Applications, listed as Items B.2 iii), iv), v) and vi), were dealt with under Delegations: • Submission No. SG 2010 -006 (2430 Homer Watson Blvd) • Submission No. SG 2010 -007 (1241 Weber St E) • Submission No. SG 2010 -008 (426 Highland Rd W) • Submission No. SG 2010 -009 (795 Ottawa St S). It was resolved: "That the application of Canadian Pacific Railway Company (SG 2010 -004 - Manitou Drive (CPR land between Fairway & Webster)) requesting permission for a billboard sign to be located in a commercial zone, which is not permitted in the Sign By -law; and, permission for a billboard sign to be located 153m (501.96') from the closest billboard sign rather than the required 300m (984.25'), on Part Lot 15, Registrar's Compiled Plan 1525, Manitou Drive (CPR land between Fairway & Webster), Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the owner shall remove the existing billboard sign located at 26 Manitou Drive. That the owner shall apply for and receive approval of a sign permit from the City of Kitchener." - and - "That the application of Strathallen (SG 2010 -005 - 725 Ottawa Street South) requesting permission to have a second roof sign on this building when the Sign By -law only permits 1 roof sign on a building, on Part Block A, Plan 1246, being Parts 1, 2, 3 & 9, Reference Plan 58R- 12353, 725 Ottawa Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the owner shall apply for and receive approval of a sign permit from the City of Kitchener." - and - "That the application of Historic St. Paul's Lutheran Church (SG 2010 -010 - 137 Queen Street South) requesting to erect a ground supported sign having automatic changing copy to be located 38m (124.67') from the closest residential zone rather than the required 150m (492.12') and to be located approximately 25m (82') from another ground supported sign on the same property rather than the required 50m (164'), on Part Lots 6 & 7, Plan 394, 137 Queen Street South, Kitchener, Ontario, BE APPROVED." COUNCIL MINUTES MARCH 22, 2010 -83- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) CRPS -10 -032 — Social Gamina Event — Beth Jacob Conareaation Council considered Corporate Services Department report CRPS -10 -032 (P. Harris), dated March 10, 2010. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Avenue South, Kitchener, on June 23, 2010." 4. CRPS -10 -030 — Execution of License Agreement — Region of Waterloo — Glasgow Street Council considered Corporate Services Department report CRPS -10 -030 (L. MacDonald), dated March 2, 2010. It was resolved: "That the Mayor and Clerk be authorized to execute a License Agreement with The Regional Municipality of Waterloo for the use of the lands described as Part of Lot 39, German Company Tract being Parts 12, 13, 14, 15, 16, and 17 on Reference Plan 58R- 16652 and part of Glasgow Street as established by Registered Plan 58M -485 for overland storm flow purposes; said agreement to be to the satisfaction of the City Solicitor." 5. FIN -10 -038 — Federal Gas Tax Fund Amending Agreement Council considered Financial Services Department report FIN -10 -038 (D. Chapman), dated March 4, 2010. It was resolved: "That a by -law to authorize the execution of an amendment to the Municipal Funding Agreement for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities be taken as read a first and second time and be recommended for enactment." 6. Request for Tag Day — Canadian Cancer Society / Royal Canadian Air Cadets Council considered correspondence from Michelle Proctor, Fundraising Co- ordinator, Canadian Cancer Society, dated February 18, 2010 requesting permission to conduct a Tag Day on April 17, 2010. It was resolved: "That the request of the Royal Canadian Air Cadets to conduct a Tag Day on Saturday, April 17, 2010, at various locations, as outlined in correspondence from M. Proctor, dated February 18, 2010, be granted." 7. CSD -10 -021 -Arts and Culture Sustainability Fund Dealt with under Delegations. 8. FIN -10 -060 -Statement of Remuneration & Expenses (Council and Boards) Council received as information this date Financial Services Department report FIN -10- 060 (D. Chapman), dated March 16, 2010. COUNCIL MINUTES MARCH 22, 2010 -84- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS — (CONT'D) 9. CAO -10 -010 — Memorandum of Settlement — Canadian Union of Public Employees Local 68 — Civic Unit Council considered this date Chief Administrator's Office report CAO -10 -010 (L. Bansen), dated March 22, 2010. It was resolved: "That the terms and conditions be approved as contained in a Memorandum of Settlement, dated March 17, 2010, in connection with the 2010 -2013 Collective Agreement with the Canadian Union of Public Employees Local 68, Civic Unit; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom to the satisfaction of the City Solicitor." 10. CAO -10 -011 — Memorandum of Settlement — Canadian Union of Public Employees Local 68 — Mechanics Unit Council considered this date Chief Administrator's Office report CAO -10 -011 (L Bansen), dated March 22, 2010. It was resolved: "That the terms and conditions be approved as contained in a Memorandum of Settlement, dated March 17, 2010, in connection with the 2010 -2012 Collective Agreement with the Canadian Union of Public Employees Local 68, Mechanics Unit; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom to the satisfaction of the City Solicitor." 11. CAO -10 -012 — Memorandum of Settlement — International Alliance of Theatrical Stage Employees (IATSE) Local 357 Council considered this date Chief Administrator's Office report CAO -10 -012 (L. Bansen), dated March 22, 2010. It was resolved: "That the terms and conditions be approved as contained in a Memorandum of Settlement, dated February 26, 2010, in connection with the 2010 -2012 Collective Agreement with the International Alliance of Theatrical Stage Employees (IATSE) Local 357; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom to the satisfaction of the City Solicitor."