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HomeMy WebLinkAboutCouncil Minutes - 2003-05-20 COUNCIL MINUTES MAY 20, 2003 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 Ashley Parada and Dana Wagner, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held May 5, 2003, and special meetings held May 5 and 12, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated May 5, 2003, from Hon. Janet Ecker, Minster of Finance, acknowledging receipt of Council's resolution regarding restructuring at the Municipal Property Assessment Corporation. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor J. Gazzola referred to Tender T02-003 dealing with road re-alignment and questioned the status of the approximate $362,000. account surplus. Mr. Gordon advised that the tender came in at lower cost than was expected and that it was his belief some of the surplus funding was to be re- directed to a pumping station project. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T02-003, Doon Village Road / Doon Mills Drive Realignment, be awarded to Xterra Construction Inc., Kitchener at their tendered price of 1,957,992.29, including contingencies of $189,535.00 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 T03-017, Kingsway - Fairway Sanitary Easement, be awarded to 969774 Ontario Limited, St. Thomas, Ontario at their tendered price of $186,203.45, including provisional items and contingencies of $33,309.46 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 T03-028, Sun System Hardware & Related Equipment, be awarded to OnX Enterprise Solutions Incorporated, $105,192.16, plus P.S.T. & G.S.T." Thornhill, Ontario at their tendered price of - and - "That Tender T03-020, Desktop Computers, be awarded to Amsdell Inc., Richmond Hill, Ontario at their tendered price of $145,080., plus G.S.T. and P.S.T." Carried. Ms. Trudy Reinholt attended in support of Committee of Adjustment Submission No. FN 2003-001 (336 Dumfries Avenue), the recommendation for which was listed as Item B.6 i) of the Committee of the Whole agenda. COUNCIL MINUTES MAY 20, 2003 -165 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the application of Trudy Reinholt, Herbert Chapman and Tanya Brooker requesting permission to erect a 1.52 m (5 ft.) high privacy to be located 0.3 m (1 ft.) from the lot line along Krug Street rather than the permitted 0.91 m (3 ft.) high fence on Lot 167, Registered Plan 768, 336 Dumfries Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall apply to a 1.52 m (5 ft.) high fence only in the location shown on the plan submitted with this application." Carried. Mr. Todd Letts, President, Greater Kitchener-Waterloo Chamber of Commerce, attended to present a Powerpoint presentation summarizing the Chamber's position paper entitled 'Balanced Choice for a Better Tomorrow - Economic Imperatives for the Future Prosperity of Waterloo Region' dated May 2003 which was circulated with the Council agenda. The document was prepared for consideration by the Regional Municipality of Waterloo in relation to the Regional Growth Management Strategy. It summarizes key economic imperatives required to ensure the future prosperity of the region. The delegation commented on key questions with respect to land issues including quantity, zoning, market appeal and development cost. He listed and remarked on key recommendations pertaining to each of the Region of Waterloo and the City of Kitchener, as well as issues pertaining to employment land development strategy. In response to questions raised by Council, Mr. Letts: agreed to raise with the Chamber the issue of completion of the Conestoga Expressway around the Twin Cities; stressed that partnerships fostering economic development and jobs were more important than local governance issues; favoured land development around the airport but supported additional feasibility studies of the Kitchener west side lands and the Downtown; and, also agreed an additional access to Highway 401 from Kitchener's west side should be addressed. Mayor C. Zehr advised that the recommended final report on the Region's Growth Management Strategy had been tabled at a joint Regional Committee meeting with consideration scheduled for June 11,2003. He noted that Kitchener had submitted five requests for change and the only one not satisfied was the issue of an additional access to Highway 401 from Kitchener's west side. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." With respect to Clause 3 of the report, Council was in receipt of Development and Technical Services Department report DTS-03-094, dated May 16, 2003, pertaining to King Street East Road Rehabilitation Costs and particularly Streetscape Enhancements. At the May 12, 2003 Development and Technical Services Committee meeting, staff's recommendation pertaining to this matter was deferred and referred to the meeting this date to allow staff to report back with alternative streetscape plans and detailed cost estimates which were set out in report DTS-03-094. Mr. L. Lynch made a presentation with regard to Clause 3 pertaining to the individual aspects of the streetscape enhancements proposed for: King Street East, Ottawa to Stirling; Stirling Avenue South, King to Charles; and Borden Avenue South, King to Charles, all of which total $150,000. His request for an additional $150,000. would include intersection signal and lighting improvements; light replacement on existing concrete poles on the west side of King Street, between Ottawa Street and Stirling Avenue; supply of trees, benches and plantings; and a new boulevard near the Stirling Avenue intersection. Funding would come from surplus Capital funds, from other approved 2003 Engineering projects, or through deferral of appropriate streets scheduled in the current program for road rehabilitation. In response to a question respecting plans for the next section of King Street between Stirling and Madison Avenues, he advised that this distance was approximately equal to the work planned on King Street between Stirling Avenue and Ottawa Street. This work was scheduled for 2004 and will be financed through the annual road rehabilitation budget, including all streetscape enhancements. Council agreed that the staff recommendation in report DTS-03-094 be inserted as Clause 3 of the report to replace the previous deferral recommendation. COUNCIL MINUTES MAY 20, 2003 -166 - CITY OF KITCHENER At this time a question was raised with respect to the Martin Street issue as discussed at the May 12 Committee meeting and Council was advised that Engineering staff were going to prepare a plan which they wished to discuss with the affected Courtland Avenue property owner before bringing the matter back to Committee. The Development and Technical Services Committee report was then put to a vote. Voted on Clause by clause. Clause 3 - Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Clause 5 of the report containing the staff recommendation originating from Community Services Department report CSD-03-075 (approval of a $204,000. over-expenditure in the 2003 Winter Maintenance / Winter Works budget) was deferred and referred to the meeting this date to allow staff to provide additional information. Ms. C. Legault, Director of Operations, presented a verbal report outlining the background with respect to how the $204,000. over-expenditure estimate was arrived at. Questions were raised and discussed with respect to the over-expenditure and following consideration, it was agreed that staff had acted appropriately in bringing the anticipated deficit to Council's attention but it was Council's preference to allow the deficit to stand as there was potential for it to be reduced given six months of the 2003 budget year remain. Accordingly, the staff recommendation listed as Clause 5 of the report was revised to take no action. In reference to Clause 2 of the report, Councillor J. Gazzola stated that he would support the Job Caf~ proposal but requested that evidence be provided to Council that some of the benchmarks related to the undertaking were being met. The report was then put to a vote. Voted on Clause by Clause Clauses 2 & 5 - Carried. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Councillor C. Weylie referred to email correspondence from Councillor B. Vrbanovic to members of Council asking for Council's support that he and Councillor M. Galloway be appointed to the Boards of the Federation of Canadian Municipalities and the Association of Municipalities of Ontario respectively. Further, it was requested that Council consent to Councillor M. Galloway serving on any committees of the Federation of Canadian Municipalities. Carried. COUNCIL MINUTES MAY 20, 2003 - 167 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Kitchener City Council consents to Councillor B. Vrbanovic serving on the Board of Directors of the Federation of Canadian Municipalities and its committees and agrees to pay any costs associated with attendance at its meetings; and further, That Kitchener City Council consents to Councillor M. Galloway serving on any committees of the Federation of Canadian Municipalities and agrees to pay any costs associated with attendance at such meetings." - and - "That Kitchener City Council consents to Councillor M. Galloway serving on the Board of Directors of the Association of Municipalities of Ontario and its committees and agrees to pay any costs associated with attendance at its meetings." Carried. Councillor B. Vrbanovic advised that the Province of Ontario has established regulations permitting municipalities to allow certain facilities to be incorporated and that he wished to propose a motion in this regard. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "WHEREAS the Province of Ontario has filed a regulation under the Municipal Act, 2001, which permits a municipality to incorporate one or more corporations under the Business Corporations Act or Part 3 of the Corporations Act; and, WHEREAS the City of Kitchener may realize additional development opportunities by establishing such a corporation; NOW THEREFORE BE IT RESOLVED THAT the City of Kitchener research and investigate establishment of a corporation for the purposes of economic and Downtown development opportunities; and, THAT staff provide a preliminary report on the benefits, challenges and opportunities of such a corporation for consideration at the June 16, 2003 Council meeting; and further, THAT staff also investigate over the next few months the benefits, challenges and opportunities of creating corporations for other permitted municipal purposes including but not limited to, parking facilities and community centre facilities." Carried. Councillor J. Gazzola advised that he had attended a function in Victoria Park on Victoria Day but noted that park users were inconvenienced due to closure of the pedestrian bridge. He pointed out that the annual Multicultural Festival was scheduled in the latter part of June and questioned if the bridge would be open at that time. Ms. Legault advised that the bridge had been closed to allow for re-decking and reinforcement and would be finished by the end of May. 5. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 92-242 of The Corporation of the City of Kitchener which designated 115 Woodside Avenue as a property of historic and architectural value. (b) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. MAY 20, 2003 (c) (d) COUNCIL MINUTES - 168 - CITY OF KITCHENER To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 18 to 21 inclusive; 23 to 25 inclusive; 35 to 39 inclusive; 71 to 75 inclusive, Registered Plan 55M- 273 - Windflower Crescent. (e) To confirm all actions and proceedings of the Council. 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 M. 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. (c) (d) be taken as read a third time, be finally passed and numbered serially by the Clerk." Being a by-law to amend Chapter 101 respecting the Appointment of Staff. (e) To confirm all actions and proceedings of the Council. (By-law No. 2003-91) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2003-92) Being a by-law to exempt certain lots from Part Lot Control - Part of Lots 18 to 21 inclusive; 23 to 25 inclusive; 35 to 39 inclusive; 71 to 75 inclusive, Registered Plan 55M- 273 - Windflower Crescent. (By-law No. 2003-93) (By-law No. 2003-94) Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 92-242 of The Corporation of the City of Kitchener which designated 115 Woodside Avenue as a property of historic and architectural value. (By-law No. 2003-90) (b) of the City of Kitchener Municipal Code MAY 20, 2003 COUNCIL MINUTES - 169 - CITY OF KITCHENER On motion, the meeting adjourned at 8:15 p.m. MAYOR CLERK COUNCIL MINUTES MAY 20, 2003 - 170 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. CITY OF KITCHENER That the renaming of Kestrel Place to Old Cottage Place be approved; and further, That Legal Services be instructed to prepare the necessary by-law and proceed with the legal name change process. That Demolition Control Application DC 03/03/S/CB (Cook Homes Limited) requesting permission to demolish one single detached dwelling located at 301 Spadina Road East, legally described as Plan 434 Lot 3 To Lot 6 Pt Lot 2 Pt Lot 14 To Pt Lot 18 Closed Sts And Lanes Pt Lot 91 Plan 224, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That the streetscape enhancements for King Street East (Ottawa Street to Stirling Avenue), Stirling Avenue South (King Street to Charles Street) and Borden Avenue South (King Street to Charles Street), at an additional capital cost of $150,000., as outlined in Development and Technical Services Department report DTS-03-094, be approved. That the City accept an Offer to Sell from 2006479 Ontario Limited for the lands described as Part of Lot 12 Registrar's Compiled Plan 1471 being Parts 16 and 29 on Reference Plan 58R- 7426 (Site 147, Washburn Drive, Huron Business Park) having an area of about 1.84 acres for the sum of $132,487.20; and further, That the Mayor and Clerk be authorized to execute any necessary documentation required by the City Solicitor. That staff be directed to continue developing the City's 'Emergency Management Program' as set out in Development and Technical Services Department report DTS-03-078. COMMUNITY SERVICES COMMITTEE - That Council consent to the termination of the License Agreement dated June 28, 2002 with 1517230 Ontario Ltd. regarding the license to operate a food and beverage concession at the Boathouse and portable ice cream stands in Victoria Park; and further, That termination of the agreement be upon mutual consent between Mr. Pigeau and the City Solicitor. Whereas the Safe and Healthy Community Advisory Committee supports, in principle, the 'Job Cafe' proposal outlined in a submission dated April 2003 from the Kitchener Downtown Community Collaborative, as presented to the Committee on April 8, 2003; and, Now therefore, Council be urged to approve funding of this proposal for a three (3) year term from the Safe and Healthy Community Advisory Committee's annual budget; and further, That 2003 funding for the 'Job Cafe' Project in the amount of $20,000. be approved. WHEREAS the Province of Ontario has undertaken an extensive media campaign at significant expense to raise awareness of the serious health risks posed by the West Nile Virus and the need to protect against such health risks; and, WHEREAS the City of Kitchener has been advised by the Regional Municipality of Waterloo that in 2003, the Province delayed testing measures to detect the presence of the West Nile Virus; and also reduced Provincial services available to the Region for such testing by approximately 50%, based on population and 2002 risk ratings; COUNCIL MINUTES MAY 20, 2003 - 171 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) CITY OF KITCHENER NOW THEREFORE BE IT RESOLVED that in the interest of public health, the City of Kitchener strongly urges the Province to restore 2003 funding to the level provided to the Regional Municipality of Waterloo in 2002 to allow the same level of testing for the virus to be maintained in 2003; and, BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Honourable Ernie Eves, Premier; the Honourable Tony Clement, Minister of Health and Long-Term Care; G. Martiniuk, MPP; W. Wettlaufer, MPP; E. Witmer, MPP; T. Arnott, MPP; the Regional Municipality of Waterloo; and the Association of Municipalities of Ontario. That Community Services Department report CSD-03-079 (Review of Winter Works Program for 2003 Winter Season) be received as information; and further, That the recommendations outlined in report CSD-03-079 relative to the future of the Winter Works Program, be endorsed. That no action be taken respecting an anticipated budget over-expenditure in the amount of $204,458. for Winter Maintenance / Winter Works in 2003. That a revision to Turf Operations levels of service be approved to allow staff to implement and monitor new maintenance standards throughout the 2003 operating season and to confirm resource requirements for 2004. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be approved, permitting the Community Services Department, through an independent contractor, to undertake cleaning of the sidewalks in the Downtown Core between the hours of 10 p.m. and 6 a.m. on various dates beginning May 25, 2003, and ending on or before June 8, 2003. 2. That Council Policy Resolution 1-535 (Downtown Building Facade - Interior Loan Program) be amended by repealing and replacing paragraph 5, as follows: 'That the Mayor and Clerk be authorized to sign all necessary documentation regarding registration and discharge of Facade Loan Liens.' 3. That an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code be approved permitting Bingemans Inc., to hold an outdoor concert at 1380 Victoria Street North, on Sunday July 20, 2003, between the hours of 11:00 a.m. and 10:00 p.m. 4. That the appeal of Cathy Culp to the refusal of the Manager of Licensing to issue her a licence to operate a hot dog cart outside the Kwik Stop Variety, 2191 Kingsway Drive be denied. 5. That the request of World Partnership Walk to sell food during their event on May 25, 2003 in Victoria Park be approved, provided the necessary licence, including Health and Fire approval, is obtained; and That the reduced fee of $10.00 be applicable; and further, That the World Partnership Walk be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code in conjunction with an event at Victoria Park on May 25, 2003, between the hours of 11 a.m. to 3 p.m. COUNCIL MINUTES MAY 20, 2003 - 172 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. CITY OF KITCHENER That a Local Improvement Project be initiated by the City of Kitchener under Section 2 of the Municipal Act for the construction of a sanitary sewer and connections on both sides of: (a) Victoria Street North from 75m east of Lackner Boulevard to 65m west of Forwell Road; (b) Victoria Street North from 40m east of Forwell Road to 150m east of Centennial Road; (c) Forwell Road from Victoria Street North to 65m south of Centennial Road; and, (d) Centennial Road from 145m east of Forwell Road to Centennial Court and, Centennial Court from Centennial Road to the end of the Cul de Sac. That no action be taken to amend Municipal Code Chapter 842 (Hedges, Other Objects and Traffic Hazards) to provide an exemption process, or to adopt a policy with respect to enforcing Municipal Code Chapters 630 (Fences) and 842 (Hedges, Other Objects and Traffic Hazards) as outlined in Corporate Services Department report CRPS-03-063. That the following principles be approved with respect to the City's parking portfolio: (a) the City should continue in the parking business to ensure control; (b) parking should operate as an enterprise providing a dividend to the City (i.e. parking authority), as a return on investment; (c) parking subsidies should be considered an 'economic development tool' and each should be accounted for and managed accordingly; and further, That staff compile historic data on costs and financing for Downtown parking and develop various models for the provision of parking in the Downtown for consideration at a future Finance and Corporate Services Committee meeting. That notwithstanding Municipal Code Chapter 542 (Exhibitions, Circus, Midway or Carnival), staff and the Ward Councillor be delegated responsibility for considering the request of Astro Zodiac Enterprises Limited to operate a midway on May 20-25, 2003, in the parking lot at 4283 King Street East (The Brick), and report their decision, including any conditions deemed necessary, at the May 20, 2003 Council meeting. HERITAGE KITCHENER - 1. That Heritage Permit Application 2003-V-08 (29 Perth Road - St. Mary's Heritage Conservation District) be approved, pursuant to Section 43 of the Ontario Heritage Act, to permit construction of a detached garage in the rear year, as shown on the plans and specifications submitted with the application. 2. That Heritage Permit Applications 2003-1V-09, 2003-1V-10 and 2003-1V-11 (39 Tilt Drive) be approved, pursuant to Section 33 of the Ontario Heritage Act, to permit: (a) replacing the existing asphalt shingle roof with a No. 2 grade cedar shingle roof; (b) replacing the existing windows with exact replica 100% wood handmade, 12 over 12 windows made in the traditional style, in the existing window openings, save and except the Gothic style window in the gable peak on the front facade; and, (c) removing and replacing deteriorated sill logs on the west and south elevations; and further, That the owner shall satisfy the City's Heritage Planner that the above alterations will be completed in accordance with good heritage restoration principles. COUNCIL MINUTES MAY 20, 2003 -173 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) That Heritage Permit Application 2003-V-12 (9 Oak Street - Victoria Park Area Heritage Conservation District), for the construction of a detached garage, be refused, pursuant to Section 43 of the Ontario Heritage Act; and further That the applicant be encouraged to re-apply for ~ermission to construct a detached garage more in keeping with the guidelines in the Victoria Park Area Heritage Conservation District Plan. That Heritage Permit Application 2003-V-13 (175 David Street -Victoria Park Area Heritage Conservation District) be approved, pursuant to Section 43 of the Ontario Heritage Act, to permit construction of a detached garage in the rear yard, as shown on the plans submitted with the application. That Heritage Permit Application 2003-V-14 (230 Oregon Court, Lot 5, Registered Plan 58M- 230 - Upper Doon Heritage Conservation District) for construction of a new single family dwelling and garage, be approved, pursuant to Section 43 of the Ontario Heritage Act, in accordance with the plans submitted with the application, and subject to the use of the following building materials and colours: · Brick · Stucco · Windows · Alumipro · Shingles · Railings Canada Brick Old Janeston STO - Ivory Key Golden Windows Taupe Argyle Royal Clay Canroof Corporation Quantum - Driftwood Regal Aluminum Railings - Beige That Heritage Permit Application 2003-V-15 (379 Queen Street South - Victoria Park Area Heritage Conservation District) be approved, pursuant to Section 43 of the Ontario Heritage Act, to amend the specifications for an addition previously approved by Council, by replacing the stone base with brick to match the addition, and by reducing the width of the stone sill to the width of each of the first storey windows, all as shown on drawing PEI SK2 dated 4/23/03. MAY 20, 2003 COUNCIL MINUTES - 174 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS - 1. Licence i) Refreshment Vehicle It was resolved: "That a 2003 Refreshment Vehicle Licence be granted to David Murray." 2. Actinq Mayor Appointment - By-law 2000-212 It was resolved: "That Councillor J. Gazzola be appointed as Acting Mayor for the month of September 2003 in place of former Councillor J. Ziegler." 3. Aqreement - 170-172 Weber Street East It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of the property municipally known as 170- 172 Weber Street East, pursuant to Section 9.10.14.12(5) of the Ontario Building Code, said agreement to permit the construction of a residential dwelling with the limiting distance for the exposing building face being measured to a point beyond the property line on the adjacent City owned parkland known as Wallenberg Park." 4. Aqreement - Pen Systems 97 Inc. - 'Sidewalker' Software It was resolved: "That the Mayor and Clerk be authorized to execute a Letter of Understanding, satisfactory to the City Solicitor, with Pen Systems 97 Inc. respecting the ownership and marketing of the "Sidewalker" software; and further, That the Mayor and Clerk be authorized to execute a subsequent agreement, satisfactory to the City Solicitor, with Pen Systems 97 Inc. encapsulating the entire business arrangement between the parties respecting the "Sidewalker" software." 5. Various Tenders Dealt with under Delegations. 6. Committee of Adiustment Decisions - Various Council was in receipt of minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held on April 29, 2003. It was resolved: "That the application of 1484929 Ontario Ltd. (Barry Fitzgerald) requesting permission to erect a billboard sign to be located approximately 79 m (259.18 ft.) from a residential MAY 20, 2003 COUNCIL MINUTES - 175 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 6. CITY OF KITCHENER Committee of Adiustment Decisions - Various - (Cont'd) zone rather than the required 150 m (492.125 ft.) on Part Lots 10 & 15, Registered Plan 404, 350 Courtland Avenue East, Kitchener, BE APPROVED, subject to the following conditions: 1. That the applicant shall obtain the required sign permit prior to erecting the billboard sign. 2. That the billboard sign shall be located generally in accordance with the plans submitted with the application." Submission No. FN. 2003-001 (Trudy Reinhold/Herbert Chapman/Tanya Brooker) was dealt with under Delegations. Sale of Tickets - Kitchener-Conestoqa Rotary Club Council was in receipt of Corporate Services Department report CRPS-03-092 (J. Koppeser), dated April 14, 2003, advising of no objection to the sale of lottery tickets for the annual 'Dream Home Lottery'. It was resolved: "That the City of Kitchener has no objection to the Kitchener-Conestoga Rotary Club's request to sell lottery tickets in the City of Kitchener for the annual "Dream Home Lottery", November 30, 2003, on Schooner Crescent, Waterloo, which will also include a series of "Early Bird" draws." Re-Schedulinq of May 26, 2003 Special Meetinq of Council Council was in receipt of Corporate Services Department report CRPS-03-094 (R. Gosse), dated May 15, 2003. It was resolved: "That the special meeting of Council scheduled for May 26, 2003 to adopt the reports of the Standing Committees of Council from their meetings held on May 26, 2003, be re- scheduled to June 9, 2003 commencing at 6:00 p.m."