Loading...
HomeMy WebLinkAboutCouncil Minutes - 2003-08-25COUNCIL MINUTES AUGUST 25, 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 Maria Heemskerk, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held July 2, 2003, and special meetings held July 2, August 11 & 19, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated July 17, 2003, from Hon. Brenda Elliott, Minister of Community, Family & Children's Services, acknowledging receipt of Council's resolutions concerning: income support rates under Ontario Works; the Ontario Disability Support Program; and, an increase in the minimum wage. (b) Letters dated June 23 & 24 and July 17, 2003, from Hon. Elizabeth Witmer, Minister of Education, acknowledging receipt of Council's resolutions concerning: proposed tax referendum legislation; a request for review of the current Order in Council regarding the extension of leases for Hydro One rights of way. (c) Letters dated June 23 & 30 and July 4, 2003, from T. Arnott, MPP, Waterloo-Wellington, expressing appreciation for Council's support of Bill 34 (An Act to Amend the Representative Act), advising of questions asked of the Minister regarding proposed tax referendum legislation and acknowledging receipt of Council's resolution requesting a review of the current Order in Council regarding the extension of leases for Hydro One rights of way. (d) Letter from Ted Arnott, M.P.P. dated August 8, 2003 regarding the Council resolution of July 2, 2003 dealing with a national brownfields redevelopment strategy. (e) Letter from Ted Arnott, M.P.P. dated June 30, 2003 acknowledging and supporting Council's resolution regarding proposed tax increase referenda. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tender listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Gazzola "That Tender E03-030 - Consultant Services - Upper Blair Creek (Kitchener) Functional Drainage Study and Doon South (Phase 2) Community Plan be awarded to Stantec Consulting Ltd., at their fee of $106,090., including a disbursements and G.S.T." Carried. Ms. Christine Tarling was in attendance to introduce Senora Sulamita Costa-Pinto, wife of the late Dr. Luiz Costa-Pinto, sociologist, author and one of the founders of the International Sociological Association. Ms. Tarling advised that Senora Costa-Pinto has graciously offered to donate to the City an historically significant painting depicting Victoria Park, circa 1901, for inclusion in the City's archival collection. Senora Costa-Pinto advised that she and her late husband had acquired the William H. Schmalz painting approximately twenty years ago and on researching the artist's background, discovered that he had been the first Mayor of the Town of Berlin (now Kitchener) and had designed the City's crest. Accordingly, she was of the opinion it was appropriate to entrust this particular piece of history to the City of Kitchener. Mayor C. Zehr accepted the painting on behalf of the City and thanked Senora Costa-Pinto for her generous gift of such a valuable and historically significant painting. Mr. Ron Charie, President and CEO, Kitchener-Wilmot Hydro Inc. (KVVHI) / Kitchener Power Corporation, attended to speak to the recent hydro power outage. Prior to Mr. Charie's presentation, Councillor G. Lorentz commended KWHI, Mayor C. Zehr, the staff emergency operations group, and staff of the City's Communications Division for showing calm leadership and implementing a consistent, informative public communications plan during this recent event. Mr. Charie thanked all citizens for joining in the conservation efforts and commended the City's leadership role in reaching 50% power reduction by City facilities. He commented that while existing emergency plans implemented during the outage operated successfully, he strongly suggested that the Province will COUNCIL MINUTES AUGUST 25, 2003 - 306 - CITY OF KITCHENER have to make major capital investments in its energy infrastructures to avoid similar occurrences. Mr. Charie predicted that in future citizens will witness increased emphasis on energy conservation, as well as price increases prior to 2006. Mr. Charie responded to a number of questions related to aspects of the City's energy infrastructure, continued promotion of energy conservation and communication of the importance of investing in Ontario's energy infrastructure to the Province. Councillor M. Galloway referred to the City's existing Energy Efficiency Program implemented to achieve energy cost savings within City Hall and requested that a report be prepared outlining any additional energy efficiencies found as a result of recent conservation efforts. Mr. J. Fielding advised that an internal committee is currently assessing recent conservation efforts that Mr. G. Sosnoski would provide an update in the near future. Mr. R. Charie also attended to speak to Clause 12 of the Finance and Corporate Services Committee report (meeting of August 11,2003), respecting joint utility meter reading with KVVHI. He advised that given regulatory uncertainty under which KVVHI is currently operating, it would not be a good business decision to enter into joint meter reading at this time. He advised that recent Provincial directives require distribution companies to identify options for delivery of time demand meter reading and pointed out that this directive has recently been expanded to include gas distributors. In addition, directives have been issued respecting implementation of interval meter reading for all new residential subdivisions. Mr. Charie stated that conventional methods of meter reading are labour intensive and will likely be non-existent in future. In this regard, he suggested that productivity savings would come with technological change. Accordingly, he advised that KVVHI supports the recommendation not to pursue joint meter reading at this time in favour of continued review of regulatory changes. Mr. Charie responded to questions relating to expanding the use of automatic meter reading systems and advised that it is being explored in Kitchener; however, he pointed out that KVVHI is concerned with how much capital should be invested in other technologies given the Provincial initiative to move toward interval metering. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That Clause 12 of the Finance and Corporate Services Committee report (meeting of August 11,2003), be adopted." Carried. Ms. Carol Simpson, Executive Director, Waterloo-Wellington Training & Adjustment Board (WWTAB), attended on behalf of the 'Employer Recruitment Strategy Task Force', to request financial assistance for a Community Economic Development Project. She advised that the Task Force is comprised of a variety of local organizations involved in the promotion of skilled trades, whose goal it is to develop local strategies to increase employer involvement in the apprenticeship system. She stated that the Task Force undertook employer research resulting in the 'Hire Profitability' report, in which issues related to skilled trades were identified and recommendations developed to improve and promote use of apprenticeship programs. Ms. Simpson advised that the Task Force is now at the point where it requires a full-time staff position to enable the project to move forward and is requesting financial assistance from local municipalities and the Region of Waterloo in the amount of $10,000. each for start-up costs. She advised that the City of Waterloo has already committed full support to this initiative and funding has been received from Human Resources Development Canada (HRDC). In response to questions, Ms. Simpson advised that Skills Canada and four local school boards are members of the Task Force and where possible, in-kind and financial resources of all members are being pooled. Councillor J. Gazzola was of the opinion that this project did not fall within the mandate of local government as it is primarily geared toward education, and should be mandated by the Province. Ms. Simpson stated that there is opportunity to work in communities to develop partnerships and achieve results locally, and while Provincial funding may be provided, it will be limited to specific portions of the project. In response to Councillor M. Galloway, Ms. Simpson advised that the Task Force is willing to go through the process of making application for grant funding but prior to doing so would prefer to have an indication of the City's level of commitment and willingness to support the project. COUNCIL MINUTES AUGUST 25, 2003 - 307 - CITY OF KITCHENER In response to questions from Councillor B. Vrbanovic, Ms. Kathy Bissel advised that she actively represents the City at Task Force meetings and encouraged members of Council to support the project. She suggested that the request be referred to the 2004 Operating Budget process. Councillor G. Lorentz expressed the opinion an application should be made through the normal grant process. Mr. F. Pizzuto advised that Community Services Department staff would undertake to consult with Economic Development staff and consider both options to determine from where it may be appropriate to provide funding. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the request of Ms. Carol Simpson, Waterloo-Wellington Training & Adjustment Board, on behalf of the 'Employer Recruitment Strategy Task Force' for financial assistance in the amount of $10,000. toward set-up of a Community Economic Development Project, to promote skilled trades and encourage employer use of apprenticeship programs, be deferred and referred to the 2004 Operating Budget deliberations; and further, That staff determine an appropriate source from which funding may be allocated and provide additional information concerning the Project's proposed budget and program details." Carried. Council was in receipt of Community Services Department report CSD-03-129 (Kitchener Market Progress Report), dated August 20, 2003, recommending a course of action with respect to funding for the retail component of the Market project; funding for additional square footage to be added to the Market building and piazza; and an 8 % increase over the original budget of the overall project. Messrs. Andrew Lambden and Ed Newton, Barrel Works Inc., attended in regard to the staff recommendation. Mr. Lambden advised that construction is now proceeding well; however, the project has been faced with challenges including design changes, severe soil and water conditions, adverse winter weather conditions and loss of a sub-contractor. He stated that construction delays are proposed; with completion of the Market being delayed from October 30, 2003 to the end of February, 2004. The residential component would also be delayed initially until the Summer of 2004, in order to construct a model unit for viewing purposes. He advised that Barrel Works is asking for assistance at this time to move the project forward. In response to questions, Mr. Lambden stated that while it is desired to proceed with construction of both retail buildings, it is intended to proceed only with the east retail building (King and Cedar Streets) at this time. He noted that the west building (King and Eby Streets) would be delayed for approximately one year pending market demand for lease of retail space and during this period the foundation would be capped off. He also advised that in the event the loan guarantees are not approved, it is unlikely that either retail building will be constructed resulting in a dysfunctional building. He further noted that though the specific costs of not proceeding with both retail buildings are not known as this time, they would include the cost to cap the foundation, remobilize the construction crew and likely increased construction costs. Mr. Lambden also noted that the increased square footage of the Market and piazza occurred as a result of the transition from concept to detailed design as well as some internal building changes required to facilitate internal truck and loading access. He indicated the figures for the square footage increases are being checked now and the certified figures will be provided to staff as part of the City's due diligence process. Mr. F. Pizzuto spoke to the challenges Barrel Works has experienced and advised that staff are recommending assistance with loan guarantees and operating incentives to move the project forward. He commented that the project is important to the vibrancy and economic / social well-being of the Downtown. Mr. Marty Schreiter, Kitchener Downtown Business Association, attended in support of the Market project and commented that members of Council should not to be discouraged. He stated that the design requires flexibility and while there will be delays, having a residential model for viewing will be of benefit to spur interest of potential leaseholders. He suggested that there is value to be gained in learning from this process and requested Council's support. A lengthy discussion was then entered into during which concerns were raised with respect to the impact of delaying construction of the west building and impact to the Market building if the retail COUNCIL MINUTES AUGUST 25, 2003 - 308 - CITY OF KITCHENER component was not completed. It was noted that $2.15M in loan guarantees and operating guarantees of $400,000. would be required in order to proceed with both buildings; however, it was pointed out by Mr. Lambden that a narrow window of opportunity exists to stage both buildings. Discussion also included the risks associated with the loan and operating guarantees, during which it was pointed out that the City will receive first benefit of leasing arrangements in terms of the loan guarantee. In a worst case scenario, the City would have a budget over-run of approximately $1.5M and the building may have to be sold to recoup the City's investment. It was noted that there is opportunity now for prospective leaseholders to have space designed by Barrel Works specific to their needs in a prime location and Mr. Lambden indicated that intense concentration on marketing is taking place. Mr. Lambden also indicated his preference to construct both retail buildings at the same time to ensure the success of the Market and his company's willingness to share any risks in this regard. On motion by Councillor J. Smola, seconded by Councillor G. Lorentz, the recommendation contained in staff report CSD-03-129 was brought forward for discussion. Councillor J. Smola expressed concern with the additional costs; however, was of the opinion that in order for the project to be successful, both retail components were needed. He also expressed concern that in the event financing arrangements were not approved, the possibility exists that both retail components would not be completed. In response to Mayor C. Zehr, Mr. F. Pizzuto clarified that the figure of $1,526,048. contained in the third paragraph of the staff recommendation was incorrect and the motion should be changed to $1,486,048. Councillor J. Gazzola advised that he was in support of the motion but expressed a desire to explore options to have both retail buildings completed at the same time. Councillor G. Lorentz advised that he would support the motion and expressed the opinion that time should be taken over the next 4 to 6 weeks to consider options respecting the west building. Councillors C. Weylie, M. Galloway and B. Vrbanovic also spoke in favour of the motion, commenting on the social and economic benefits that will be gained in the Downtown. Mayor C. Zehr expressed support for the motion, stating that it is important to continue the project but at the same time manage the risks involved. He pointed out that the project is a program of urban evolution and the intent of the discussion this date is on full disclosure of the issues. Councillor J. Smola put forward a motion, seconded by Councillor G. Lorentz, to proceed with construction of both retail buildings and in this regard, provide a loan guarantee of $2.15M and an operating incentive up to a maximum of $400,000. Following discussion, Mayor C. Zehr ruled that this motion was contrary to the intent of Councillor Smola's original motion already on the floor. Councillor Smola withdrew his second motion and advised that he was no longer prepared to move the original motion. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the City of Kitchener approve loan guarantees to a maximum of $1.4M and operating incentives to a maximum of $240,000. for the retail component of the project, to the satisfaction of the Market Operating Committee; and, That the City approve, in principle, additional costs for the additional square footage provided in the Market building and the piazza, to the satisfaction of staff and Council; and further, That the City approve the revised projected budget for the Market Project at $19,641,048., an increase of $1,486,048. or 8% over the original budget." Carried Unanimously. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That notwithstanding Council's resolution this date to provide financing arrangements only for the east retail building (King / Cedar Streets) of the Market Project, staff be directed to continue COUNCIL MINUTES AUGUST 25, 2003 - 309 - CITY OF KITCHENER discussions with Barrel Works Inc. regarding possible construction of the west retail building (King / Eby Streets) and report back in two weeks." Carried Unanimously. Mr. Zyg Janecki, Planning & Engineering Initiatives, attended in support of Clause 15 of the Development and Technical Services Committee report on this date dealing with Zone Change Application ZC 03/12/P/JG (437 Pioneer Tower Road) and modifications to Draft Plan of Subdivision 30T-95016 (346874 Ontario Limited, Lookout Lane). Mr. J. Willmer referred to correspondence circulated to members of Council this date from Mr. David Aston, Principal Planner, Region of Waterloo, dated August 18, 2003, requesting a condition be added to draft approval relative to installation of water pressure reducing devices. He suggested that the Region's request be added as sub-clause (15) of Clause 15.B of the Development and Technical Services Committee report. Mr. Z. Janecki advised that he had received a copy of the August 18 correspondence and was in agreement with the Region's request. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 15 of the Development and Technical Services Committee report be adopted, as amended to add a condition to draft approval concerning installation of water pressure reducing devices [Clause 15.B (15)], as requested by the Region of Waterloo in correspondence dated August 18, 2003." Moved by Councillor C. Weylie Seconded by Councillor M. Galloway Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical Services Committee be adopted." Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway Carried. Voted on Clause by Clause. Clauses 13 & 14 - Dealt with under Delegations and Carried. Clause 15 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. Carried. "That the report of the Finance and Corporate Services Committee (meeting of June 23, 2003) be adopted." "That Clauses 13 and 14 of the Development and Technical Services Committee report of this date, be adopted." COUNCIL MINUTES AUGUST 25, 2003 -310- CITY OF KITCHENER Council was in receipt of Chief Administrator's Office report CAO-03-004 (Performance Management: Pilot Study Report), dated June 16, 2003, previously distributed for consideration at the June 23, 2003 Finance and Corporate Services Committee (FCS) meeting. The staff report was initially deferred and referred by the Committee to the August 11, 2003 FCS Committee meeting but subsequently, deferred and referred at the July 2, 2003 Council meeting for consideration this date. The report outlines results of a one-year pilot project respecting a Performance Management System to recognize managerial performance that meets or exceeds expectations, or is superior in terms of achieving defined objectives. In response to questions, Mr. J. Fielding, Chief Administrator, advised that the proposed system is designed to establish accountability among managerial staff and to set goals and objectives in line with Council direction. He noted that objectives are intended to be assessed bi-annually to determine progress and overall results of the pilot project have been good. He pointed out that the over-riding objective is to achieve financial stability and rewards will not be given if objectives are not met. Mr. Fielding advised that it is intended to have a budget in place for implementation in 2004 and reviewed various options for implementation. Councillor B. Vrbanovic suggested that it is important to compensate staff fairly with set parameters and that he favoured Option 2, as outlined in the report. In response to Councillor J. Gazzola, Mr. J. Fielding suggested that a combination of Options 2 and 3 would provide for fair compensation while at the same time making sure staff have incentive to meet budget guidelines. Councillor M. Galloway referred to the $10,000. cash 'pool' per Department under Option 2 and noted that Departments vary in size. Mr. Fielding advised that details would be worked out to ensure an equitable distribution of the cash 'pool'. Following discussion and consideration, the previous deferral in the Finance and Corporate Services Committee report (meeting of June 23, 2003) was replaced by a motion, proposed by Councillors B. Vrbanovic and J. Smola, to receive the staff report and approve Options 2 and 3. The Committee report was then voted on and Carried Unanimously. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee (meeting of August 11, 2003) be adopted." Council was in receipt of an internal memorandum (R. Weber), dated August 21, 2003, respecting Clause 1 of the Committee report, advising that revisions requested by Councillor B. Vrbanovic at the August 11 Finance and Corporate Services Committee meeting have now been incorporated into revised Council Policy 1-325 (Facility - Alcohol Management - Special Occasion Permits) under Clause 2.3.4 (Controls), to add the following wording: "...a foreign passport or equivalent means of identification for out-of-country guests.". A copy of the revised Policy was attached to the memorandum. It was generally agreed to accept the revised Council Policy, as amended. With respect to Clause 11 of the report dealing with a by-law to prohibit unauthorized use of fire hydrants, Councillor J. Gazzola requested that staff consider applying the $175. permit fee as an annual fee. Councillor G. Lorentz asked that citizens assist the City with enforcement issues by calling to check for permit issuance if they see someone of a suspicious nature accessing a fire hydrant. In response to questions from Councillor J. Gazzola with respect to Clause 14 of the report, Ms. P. Houston advised that dedicated project management for the Integrated Infrastructure Management System (IIMS) is needed to complete implementation in a timely manner and the $300,000. funding will cover the entire three-year term of the contract position. Councillor C. Weylie advised that with respect to Clause 10 of the report, staff are requesting appointment of a Council representative to the Grand River Accessibility Advisory Committee (GRAAC) and volunteered her services. It was generally agreed to amend Clause 10 to appoint Councillor C. Weylie as Kitchener's Council representative to the GRAAC. The report was then voted on Clause by Clause. Clauses 1 & 10 - Carried, as Amended. COUNCIL MINUTES AUGUST 25, 2003 -311 - CITY OF KITCHENER Clause 12 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Carried. Councillor B. Vrbanovic inquired with respect to a report that he had requested be provided this date concerning traffic volumes and speeding on Grand River Boulevard, between River Road and Morrison Road. Mr. G. Stewart advised that he would follow up with his staff to ensure the report is provided and agreed to consider interim measures to temporarily reduce the speed limit to 40 km/h. Councillor Vrbanovic referred to ongoing frustration over the time it takes to address property standards complaints, citing a property on Grand River Boulevard as an example. He requested that staff investigate methods to streamline and expedite the process, either internally or by lobbying the Province for legislated changes, and report back to the Finance and Corporate Services Committee. Councillor Vrbanovic also referred to a recent City of Toronto 'No Littering' By-law and related fines, and requested that this be investigated for Kitchener. He asked that a report be provided for consideration by the Finance and Corporate Services Committee and subsequently, by the Environmental Committee. Council was in receipt this date of correspondence from Mr. Gary Ferguson, dated August 19, 2003, requesting that development charges pertaining to an affordable housing development project at 591 Lancaster Street West in the amount of $7,854.70, be waived. Councillor J. Smola advised that Mr. Ferguson was proposing to convert an existing commercial building to accommodate three new affordable housing units. Councillor Smola pointed out that there will not be any structural change to the existing building or new buildings added and existing services have been in place for a number of years. He questioned the need to impose development charges for this project. Mr. J. Willmer commented that the charges applied to the property are based on the premise that residential uses place a higher demand on infrastructure than commercial uses. He advised that the Region of Waterloo is the approval authority with respect to affordable housing projects and suggested that the best approach would be for Mr. Ferguson to make application to the Region for a grant-in-lieu of development charges. Alternatively, Mr. Willmer advised that following completion of an Urban Design Study involving mixed use corridors, consideration could be given to reduction or deferral of the charges but the charges should not be waived. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Mr. Gary Ferguson be requested to make application to the Regional Municipality of Waterloo to waive development charge fees in the amount of $7,854.70 for an affordable housing development project at 591 Lancaster Street West and that staff assist Mr. Ferguson in making his application." Carried. Councillor J. Smola referred to property standards issues related to a CN Rail line running behind properties between Strange Street and Belmont Avenue West. He advised that a neighbourhood mobilization group has been formed and the group is trying to work with the Railway to resolve their issues; however, the Railway has not responded. He asked that staff meet with him and representatives of the neighbourhood group to receive details concerning their issues and report back with a recommended course of action to the September 8, 2003 Finance and Corporate Services Committee. Councillor G. Lorentz expressed strong disappointment at the lack of action respecting rehabilitation of residential properties on Ralgreen Crescent. He pointed out that a number of homes are still COUNCIL MINUTES AUGUST 25, 2003 -312- CITY OF KITCHENER awaiting restoration of demolished garages and re-grading, and residents have become very frustrated. He pointed out that this has been a very long, drawn-out process and there needs to be closure for all involved. Councillor Lorentz requested that staff be given direction to place high priority on rehabilitation of Ralgreen Crescent. Mayor C. Zehr concurred with Councillor Lorentz's comments and requested that weekly reports be provided to update members of Council with respect to this issue. Mr. J. Fielding agreed to work with the various staff involved to bring closure to this matter. Councillor B. Vrbanovic referred to property standards issues relative to Provincial greenways and in particular, those located at entrances to the City where grass is not being cut and debris is allowed to accumulate. He requested that staff report to the Finance and Corporate Services Committee with a recommended course of action. Mayor C. Zehr referred to funding received by the Cities of Kitchener and Waterloo under the Federal Government's Supporting Communities Partnership Initiative (SCPI) and advised that this funding was really intended for the Region of Waterloo. He raised concerns with respect to the inequitable disbursement of SCPI funds across Canada and expressed the opinion that the Region needs to be aggressive in its approach to homelessness. Councillor G. Lorentz commented that the Regional Social Assistance Office has been moved from Kitchener to Waterloo making it difficult for Kitchener residents in need of social assistance to receive service. He questioned why such a move was made given the majority of clientele would come from the largest municipality in the Region. Mayor C. Zehr advised that he would take this matter back to Regional staff. Councillor J. Gazzola referred to concerns raised by Kitchener Housing Inc. relative to potential relocation of the Victoria School Seniors Centre to the proposed Downtown Wellness Centre at the former St. Mary's High School site. Mr. F. Pizzuto advised that staff intend to work with Kitchener Housing Inc. to formulate an agreement relative to the vacant space should relocation of the Seniors' Centre occur and while discussions are ongoing with the seniors' group, no conclusions have been made at this time. Council agreed to a request from Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add the following by-laws to the agenda for three readings this date: three zoning amendment by-laws relating to Clauses 15, 16 and 18 of the Development and Technical Services Committee report of this date; and a zoning amendment by-law relative to Zone Change Application ZC 02/02/B/CB (Bridgeport Road), approved by Council resolution of September 16, 2002. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to change the name of a portion of Shirley Avenue to Shirley Drive in the City of Kitchener. (b) Being a by-law to provide for the establishing and laying out of part of Shirley Drive as a public highway in the City of Kitchener. (c) Being a by-law to provide for the establishing and laying out of part of Bingemans Centre Drive as a public highway in the City of Kitchener. (d) Being a by-law to provide for Advance Votes to be held prior to Voting Day. (e) To further amend By-law No. 2003-159, 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 amend Chapter 945 (VVater) of the City of Kitchener Municipal Code. (g) Being a by-law to provide for the establishing and laying out of part of Riverbend Drive as a public highway in the City of Kitchener. (h) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (i) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. COUNCIL MINUTES AUGUST 25, 2003 - 313 - CITY OF KITCHENER (j) To further amend By-law no. $$-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (k) To confirm all actions and proceedings of the Council. (I) Being a by-law to amend By-law $5-1, known as the Zoning By-law for the City of Kitchener - City Initiated - Pioneer Tower Road. (m) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Hoiker Inc. - Bridgeport Road. (n) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - Wilczynski - Roxborough Avenue. (o) Being a by-law to amend By-law $5-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Housekeeping Amendments. 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "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 B. Vrbanovic Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to change the name of a portion of Shirley Avenue to Shirley Drive in the City of Kitchener. (By-law No. 2003-149) (b) Being a by-law to provide for the establishing and laying out of part of Shirley Drive as a public highway in the City of Kitchener. (By-law No. 2003-150) (c) Being a by-law to provide for the establishing and laying out of part of Bingemans Centre Drive as a public highway in the City of Kitchener. (By-law No. 2003-151) (d) Being a by-law to provide for Advance Votes to be held prior to Voting Day. (By-law No. 2003-152) AUGUST 25, 2003 (e) (0 (g) (h) (i) d) COUNCIL MINUTES - 314 - CITY OF KITCHENER To further amend By-law No. 2003-159, 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. 2003-153) Being a by-law to amend Chapter 945 (Water) of the City of Kitchener Municipal Code. (By-law No. 2003-154) Being a by-law to provide for the establishing and laying out of part of Riverbend Drive as a public highway in the City of Kitchener. (By-law No. 2003-155) 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. 2003-158) 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. 2003-157) To further amend By-law no. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2003-158) (k) To confirm all actions and proceedings of the Council. (m) (n) (o) (By-law No. 2003-159) Being a by-law to amend By-law 85-1, known as the Zoning By-law for the City of Kitchener - City Initiated - Pioneer Tower Road. (By-law No. 2003-160) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hoiker Inc. - Bridgeport Road. (By-law No. 2003-161) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Wilczynski - Roxborough Avenue. (By-law No. 2003-162) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Housekeeping Amendments. (By-law No. 2003-163) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:00 p.m. MAYOR CLERK COUNCIL MINUTES AUGUST 25, 2003 - 315 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. CITY OF KITCHENER That parking be prohibited January 1 to March 31 annually on both sides of Union Boulevard from Park Street to Belmont Avenue West; and further, That the Uniform Traffic By-law be amended accordingly. 2. That a Bus Loading/Unloading Zone be established on the north side of King Street West from a point 27 metres west of Queen Street North to a point 14 metres west thereof; and further, That the Uniform Traffic By-law be amended accordingly. 3. That on-street parking be permitted for a maximum period of two (2) consecutive hours from 8:00 a.m. to 6:00 p.m., Monday to Friday on the east side of Clarence Place; and further, That the Uniform Traffic By-law be amended accordingly. 4. That on-street parking be permitted for a maximum period of three (3) consecutive hours on the west side of Onward Avenue from a point 5 metres north of King Street East to a point 12 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly. 5. That on-street parking be prohibited at any time on both sides of Bingemans Centre Drive between Victoria Street North and Shirley Avenue; and further, That the Uniform Traffic By-law be amended accordingly. 6. That on-street parking be permitted for a maximum period of three (3) consecutive hours on the north side of East Avenue from a point 30 metres east of Stirling Avenue North to a point 115 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 7. That a Pedestrian Refuge Island be installed at the Community Trail on River Road East (137 metres west of Lorraine Avenue). 8. That the adult crossing guard facility on Queen's Boulevard at Blueridge Avenue be relocated to Westmount Road at Greenbrook Drive; and, That the adult crossing guard facility on Westmount Road at Queen's Boulevard be relocated to Ottawa Street South at David Bergey Drive; and, That the adult crossing guard facility on Queen Street North at Margaret Avenue be eliminated; and, That the adult crossing guard facility on Lackner Boulevard at Zeller Drive be eliminated; and further, That commencing in 2004, transportation planning staff be directed to present the annual Adult Crossing Guard Facility Changes report before the end of the current school year for the next school year (September- June). 9. That parking be prohibited at anytime on the west side of Gage Avenue from Belmont Avenue to a point 85m south of Belmont Avenue; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES AUGUST 25, 2003 - 316 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. 11. 12. 13. 14. 15. CITY OF KITCHENER That the Kitchener Economic Development Advisory Committee reinforces it previous motion to Kitchener Council that it views the development of Highway 7/86 Interchange as a priority in the Provincial Road system and the potential future development of the Airport Lands; and further, That the Kitchener Economic Development Advisory Committee encourages that organizations like Canada's Technology Triangle, the Greater Kitchener Chamber of Commerce and Communitech write/liaise with their respective MPP to ask the Ministry of Transportation to move forward in the new development of Highway 7. That the Kitchener Economic Development Advisory Committee endorses the Corporate Strategy for Economic Development and the implementation of the Economic Development Marketing Plan 2003 - 2004; and further, That a regular progress report of the 2003 - 2004 objectives be presented to Kitchener Economic Development Advisory Committee. That Demolition Control Application DC 02/09/S/SV (St. Stephen Lutheran Church) requesting permission to demolish one single detached dwelling located at 448 Stirling Avenue South, legally described as Plan 652 Part Lot 11 Part Lot 12, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That the Historic Pioneer Tower West Community Heritage Design Guidelines dated July 2003 be endorsed; and further, That Council acknowledge said guidelines will be used by the City to conserve and protect the heritage character of the historic Pioneer Tower West community, together with the designation of property under Part IV of the Ontario Heritage Act, rather than through the designation of Pioneer Tower West as a heritage conservation district. It is the opinion of this Committee that approval of these Guidelines is proper planning for the City. (Dealt with under Delegations and Carried.) That consideration of Development and Technical Services Department reports DTS-03-122 (Subdivision 30T-96004 and Zone Change Application ZC 96/30/P/JG - JHS Properties Ltd., Pioneer Tower Road) and DTS-03-147 (Addendum to DTS-03-122 - recommendation #1) be deferred and referred to the September 22, 2003 Development and Technical Services Committee meeting; and, That planning and parks staff examine an offer proposed by Mr. P. Britton on behalf of JHS Properties Ltd. to exchange the land on which the Sherk barn is located for a designated City park parcel; and further, That planning staff approach Parks Canada and the Region of Waterloo to determine what interest each might have in assisting with the preservation of the Sherk property. (Dealt with under Delegations and Carried.) That City-Initiated Zone Change Application ZC 03/12/P/JG (437 Pioneer Tower Road), to change the text of certain special regulation provisions to govern garages for residential buildings and clarify regulations for equestrian operations, be approved in the form shown in the "Proposed By-law" dated July 31,2003, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. COUNCIL MINUTES AUGUST 25, 2003 -317- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 15. (Cont'd) That the City of Kitchener, pursuant to Section 51 (31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, recommends to the Ontario Municipal Board, the following modifications to the draft approval of Plan of Subdivision Application 30T-95016 (granted by the Ontario Municipal Board in Board Order 97-1 as amended by Order Numbers 0340 and 1378) in the City of Kitchener, for 346874 Ontario Ltd: That the draft approval shall be revised to apply to the following (as shown on the attached Plan of Subdivision): Maximum Number of Dwelling Units: 42 Lot 1 Lots 2-42 Block 43 Block 44 Block 45 Blocks 46-48 Single Detached Dwelling/Equestrian Single Detached Dwellings Park/Barn Ruins Park Hazard Land 0.3 m Reserves 2. Condition 51 is revised as follows: "51. That the final plan for registration purposes shall be prepared in accordance with the attached Plan of Subdivision dated revised July $0, 2005 providing that minor changes to the Plan, acceptable to the Director of Planning and not affecting the numbering of lots or blocks may be permitted without an amendment to this agreement. 3. (i) Condition 52 b) is revised to read as follows: .... b) The stormwater management pond, which will be constructed on lands owned by the City of Kitchener, shall jointly serve this subdivision and that of Plans of Subdivision 30T-94009 and $0T-95004 .... ". (ii) Condition 52c) is deleted and replaced with the following: In order to facilitate the ultimate development and sharing of expenses of the storm water management facility, the Subdivider agrees to submit a Letter of Credit to the City Solicitor for its fair share of the cost of the storm water management facility, to the satisfaction of the City's Director of Engineering prior to the commencement of any servicing within any stage of this plan of Subdivision. At such time as the ultimate storm water management facility has been constructed and has been accepted by the City's Director of Engineering and a letter has been submitted to the City from the owner who has paid the entire cost of the works indicating that he has been paid his share of the full payment in accordance with a) above, the City agrees to release the Letter of Credit to the Subdivider. In the event a letter is not provided to the City indicating that cost sharing has occurred, the City shall cash the Letter of Credit and reimburse the Subdivider who paid the full amount." Condition 57 is revised such that "Blocks 58 and 59" is replaced with "Blocks 43 and 44". Condition 63 a) is revised to change "Lot 46 to Lot 56;" to "Lot 36 to 42 and condition 63b) is revised to change "between Block 59 and Lot 3" to "between Block 44 and the easterly limit of the plan...". 6. Condition 64 is revised to change "Blocks 57, 58 and 59" to "Blocks 43 and 44..." COUNCIL MINUTES AUGUST 25, 2003 -318- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 15. (Cont'd) 7. Condition 66 is revised to replace "Lots 46-56" with "Lots 36-42". 8. Condition 67 is deleted and replaced with the following: Prior the registration of the Plan, the Subdivider agrees to prepare and obtain approval of a plan showing the detailed engineering design of that section of Joseph Schoerg Crescent from Block 44 to the easterly limit of the plan. Such plan shall provide for modified municipal standards within a 16.0 metre right-of- way, including modified curbs, landscaping, lighting, surface treatment and a sidewalk of suitable construction material abutting or extending through these blocks. Such plan shall be in accordance with the streetscape guidelines of the Historic Pioneer Tower West Design Guidelines and shall be approved and implemented to the satisfaction of the City's Director of Engineering in consultation with the City's Director of Planning and Director of Operations. 9. Condition 69 is revised to replace "Lot 50" with "Lot 39"in each occurrence. 10. Condition 71 is revised to replace "Blocks 61, 62, and 63" with "Blocks 46, 47 and 48". 11. Condition 73 is deleted. 12. Condition 79 is deleted. 13. Add a new Condition No. 3 under "AMENDMENTS TO CITY OF KITCHENER CONDITIONS" to be numbered sequentially in the City's agreement as Condition 83, as follows: "3. The Subdivider agrees that construction and alteration of all buildings within Lots 2-7 shall be in accordance with the Historic Pioneer Tower West Heritage Design Guidelines attached hereto as Schedule "A". Any requisite approvals shall be as set out in the Implementation section of said Guidelines. 14. That a new condition 4 under "AMENDMENTS TO CITY OF KITCHENER CONDITIONS", to be numbered sequentially in the City's agreement as 84 to be added, as follows: "4. The Subdivider agrees to provide an easement(s) to the CITY, for the purpose of providing access and/or servicing to adjacent lands, if necessary, to the satisfaction of the CITY's Director of Engineering in consultation with the consulting engineer for the SUBDIVIDER. The appropriate easement shall be granted to the CITY immediately upon the CITY's request, and the CITY agrees to quit claim the easement when appropriate." 15. That a new Condition 5 under "AMENDMENTS TO CITY OF KITCHENER CONDITIONS", to be numbered sequentially in the City's agreement as 85, be added, as follows: "5. That the Subdivider install pressure reducing devices to maintain domestic water pressures below 60 metre of hydraulic head on all units with finished floor elevations below 305 MASL and to include a warning clause advising owners of the device and recommending that the device not be removed." 16. That additional renumbering of conditions or other administrative/format changes necessary to prepare the agreement in the City's Standard Residential Subdivision agreement format be approved. COUNCIL MINUTES AUGUST 25, 2003 -319- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 15. (Cont'd) It is the opinion of this Committee that approval of these Modifications is proper planning for the City. (Dealt with under Delegations and Carried, as Amended) 16. That Zone Change Application ZC 02/43/H/BS (149 Roxborough Avenue - Mr. & Mrs. Wilczynski), to change the zoning on the subject lands from Residential Five Zone (R-5) to Residential Five Zone (R-5) with special use provision 327U, on lands legally described as Lot 8, Registered Plan 781, in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated July 4th, 2003, subject to the following conditions: 1) That prior to any readings of the amending Zoning By-law, the owner shall reconstruct part of the existing parking lot so that there are no parking spaces within the City right- of-way and so that the parking spaces have an approximate 0.8 metre setback to the Roxborough Avenue lot line to the satisfaction of the Manager of Design & Development. 2) The owner acknowledges that Condition 1 is requested to be satisfied within 7 months of the day of Council having approved by resolution Zone Change Application ZC 02/43/R/BS. In the event that the requirement is not fulfilled within the 7 month period, Council may consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 17. That Zone Change Application ZC 03/13/F/CB (447 Frederick Street - Wayne Cook), to change the zoning on the subject lands, legally described as Plan 42 Part of Lots 1 and 2, for the City of Kitchener, from Community Shopping Centre Zone (C-3) to Community Shopping Centre Zone (C- 3) with Special Regulation Provision 407R, be approved, in the form shown in the Proposed By- law, dated July 15, 2003. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 18. That Zone Change Application ZC 02/07/TC/BS (Housekeeping By-law - City Initiated), representing comprehensive changes to Zoning By-law 85-1 and including changes proposed as a result of the Unfinished Business item respecting the review of nursing/retirement home parking regulations from the September 21st, 1998 Council, be approved in the form shown in the "Proposed By-law, dated July 4th, 2003, as revised August 11,2003 pertaining to Clause 37 by adding the words 'less than' before the words '10,000 square metres' in the last sentence of the clause and to Map 19 by deleting the words 'See By-law 4830' from the map and inserting in its place the reference 'From P (By-law 4830) to P-3', without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. COMMUNITY SERVICES COMMITTEE - That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Licence Agreement Renewal (5 years) with Ontario Realty Corporation (formerly Hydro One Networks Inc.), relating to lands in the Victoria Hills community, more particularly described as Part of Lot 20, German Company Tract, giving the City a licence to use and allow the public to use the lands. That subject to the satisfaction of the City Solicitor, the Manager of Cemeteries be authorized to sign an agreement regarding participation in the Doors Open Waterloo Region program scheduled for September 20, 2003. COUNCIL MINUTES AUGUST 25, 2003 - 320 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. CITY OF KITCHENER That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute agreements with Superior Vault Company Limited and Superior Stone Co. Limited allowing for vault suspensions at City-owned or operated cemeteries; and further, That the Manager of Cemeteries be the designated signing authority for future vault suspension agreements with vault suppliers and that prior to execution, the agreements be subject to the satisfaction of the City Solicitor. That subject to the satisfaction of the City Solicitor, the Special Events Facilitator be authorized to sign a license agreement with The Word on the Street Canada Inc., as attached to Community Services Department report CSD-03-121. That Chapter 210 (Facility - Cemeteries - Municipal) and Chapter 213 (Facility - Columbaria and Mausolea in Municipal Cemeteries) of the Municipal Code be amended to reflect revisions, as set out in Community Services Department report CSD-03-127; and further, That staff be directed to give appropriate notice and forward the amending by-law to the Registrar appointed under the Cemeteries Act (Revised). That the Winter Maintenance Policy and Procedures for the Municipalities of the Geographic Region of Waterloo be adopted, in principle. FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of June 23, 2003) 1. That Chief Administrator's Office report CAO-03-004 (Performance Management: Pilot Study Report), dated June 16, 2003, be received; and further, That the Performance Management System be approved in accordance with Options 2 and 3, as outlined in report CAO-03-004. FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of August 11, 2003) 6. 7. 8. That Council Policy 1-325 (Facility - Alcohol Management - Special Occasion Permits) be approved, as attached to Community Services Department report CSD-03-115, and as amended by internal memo (R. Weber), dated August 21,2003, and replace the current policy dated August 23, 1993. (As Amended) That Council Policy 1-330 (Facility - Alcohol Beverages - Use Of) be repealed. That Council Policy 1-355 (Facility - Cemetery - Woodland) be repealed. That Council Policy 1-430 (Facility - Farmers' Market - Sale of Articles - Market Logo) be repealed. That Council Policy 1-555 (Financial - Fundraising - Gift Guide) be repealed. That Council Policy 1-635 (Financial - Park Density Fund) be repealed. That Council Policy 1-640 (Financial - Park Levy) be repealed. That an exemption to Chapter 450 (Noise) of the City of Kitchener Municipal Code be granted to the Waterloo Pentecostal Assembly for their Transition event to be held in Victoria Park on September 1,2003, between the hours of 12:00 PM and 3:00 PM. COUNCIL MINUTES AUGUST 25, 2003 - 321 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of August 11, 2003) (CONT'D) 9. That pursuant to Section 43(1) of the Municipal Elections Act, the draft by-law appended to Corporate Services Department report CRPS-03-143 regarding advance votes for the 2003 Municipal Election, be recommended for enacting at the Council meeting of August 25, 2003. 10. That the joint structure of the Accessibility Advisory Committee in accordance with the ©ntarians with Disabilities Act, 2001 (©DA Act, 2001), as set out in the Terms of Reference attached to Community Services Department report CSD-03-116, be approved; and, That the name of Grand River Accessibility Advisory Committee (GRAAC) for the Joint Accessibility Advisory Committee in accordance with the ©DA Act, 2001, be approved; and, (Cont'd) That the GRAAC be adopted as the Committee of Council for the City of Kitchener in accordance with the ©DA Act, 2001; and, That the GRAAC's Terms of Reference, as attached to report CSD-03-116, be approved; and, That the Inclusion Coordinator (Margaret Sanderson) be appointed as staff advisor to the GRACC for the City of Kitchener; and, That Councillor C. Weylie be appointed as Kitchener City Council's representative to the GRACC; and further, That subject to 2004 budget approval, the GRAAC's operating budget be endorsed, as attached to report CSD-03-116. (As Amended) 11. That a by-law be presented to Council for consideration at a future Council meeting to prohibit the unauthorized use of fire hydrants within, and under the jurisdiction of, the City of Kitchener; and further, That the By-law Enforcement Division make application to the Ministry of the Attorney General for approval of a set fine for offences created as a result of the Fire Hydrant By-law. 12. That no action be taken at this time with respect to joint meter reading with Kitchener-Wilmot Hydro Inc.; and further, That this position be thoroughly reviewed, scoping out all options, in time to coincide with contract renewals in 2004. (Dealt with under Delegations and Carried) 13. That Strategic Services Department report SSD-03-014, titled "Economic Development Marketing Plan 2003 - 2004", be approved. 14. That $300,000. be allocated to the Integrated Infrastructure Management System (IIMS) Project from the 2003 Gasworks operating surplus to provide dedicated project management. HERITAGE KITCHENER - 1. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2003- V-19 (30 Richmond Avenue) be approved to permit the construction of a second storey rear addition, as shown on the plans submitted with the application. AUGUST 25, 2003 COUNCIL MINUTES - 322 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." ADMINISTRATIVE REPORTS - 1. Licences i) Place of Refreshment It was resolved: "That the Twin Cities Minor Football Association, c/o Kathy Mason, 91 Gatewood Road, Kitchener ON N2M 4E3, be granted permission to operate a place of refreshment at the Bridgeport Park Sportsfields from September to November 2003 during their football games only, provided the necessary Licence is obtained, including Fire and Health approvals; and further; That the nominal fee of $10. be applicable." ii) Adult Entertainment Parlour Attendants' Licences It was resolved: "That Melissa Copeland who is employed at 2271 Kingsway Dr., Kitchener, (Phoenix) be granted a 2003 Adult Entertainment Parlour Attendant Licence." - and - "That Elena Baxter who is employed at 1412 Victoria St. N., Kitchener, (Ruby's, formerly known as Mystique) be granted a 2003 Adult Entertainment Parlour Attendant Licence." The following resolution arose from in-camera discussion this date. "That Tanya Joncas who is employed at 2271 Kingsway Dr., Kitchener, (Phoenix) be granted a 2003 Adult Entertainment Parlour Attendant Licence." 2. Doq Desiqnation Appeal Decision It was resolved: "That the August 12, 2003 decision of the Dog Designation Appeal Committee regarding an appeal filed by Donald Hector, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 3. Tender Dealt with under Delegations. COUNCIL MINUTES AUGUST 25, 2003 - 323 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Adult Entertainment Parlour Licence Hearinq Council was in receipt of Corporate Services Department report CRPS-03-14,9 (J. Koppeser), dated August 12, 2003. It was resolved: "That a hearing be held under the authority of the Municipal Act, to determine whether to suspend, revoke or impose conditions with respect to an Adult Entertainment Parlour's Licence, No. 20 03 002873 00 L6 issued to Bradley Baumbach; and, That Councillors B. Vrbanovic, J. Smola, G. Lorentz and M. Galloway (alternate) be appointed as members of the tribunal; and further, That the hearing be scheduled, a date to be determined by staff with proper notice being given, at Kitchener City Hall following which a report will be submitted to Council for its consideration." 5. Tender Approvals - Chief Administrative Officer - Council Summer Recess It was resolved: "That Council ratify the Chief Administrative Officer's decisions, undertaken according to policy respecting Council's summer meeting schedule, awarding Tenders/Expressions of Interest as follows: i) T03-044 - Kitchener City Hall Garage Repair - 2003 Awarded to: Weathertech Restoration Services Inc., London ON Tender price: $133,875.90 including cash allowances of $8,000., a contingency of $10,000. and G.S.T. ii) E03-036 - Consultant Services - 2003 Duke and Ontario Parking Garage Post Tensioned Tendon Analysis Awarded to: Read Jones Christoffersen Ltd., Toronto ON Estimated fee: $34,882. including disbursements and G.S.T. iii) T03-034 - Victoria Street South Widening and Park Street Reconstruction Awarded to: Clearway Construction Inc,. Concord ON Adjusted tender price: $3,602,077.41 including contingencies of $529,395. and G.S.T. iv) T03-003 - Closed Circuit T.V. Inspection of Gravity Sewers Awarded to: American Water Services Underground Infrastructure Corp., Hamilton ON Tender price: $225,984., including G.S.T. and contingencies of $15,000. v) T03-038 - Trenchless Rehabilitation of Gravity Sewers Awarded to: Capital Commercial Pipe Services Ltd., Hamilton ON Tender price: $244,067., including G.S.T. and contingencies of $15,000." 6. Amendinq Aqreement - Business Enterprise Centre Council was in receipt of Strategic Services Department report SSD-03-029 (K. Smith), dated August 19, 2003 recommending execution of the agreement to allow the Manager of the Business Enterprise Centre to supervise day to day operation of the Waterloo Region Government Information Centre on a fee for service basis. AUGUST 25, 2003 COUNCIL MINUTES - 324 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 6. CITY OF KITCHENER Amendinq Aqreement - Business Enterprise Centre (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to sign an Amending Agreement, satisfactory to the City Solicitor, with the Ministry of Consumer and Business Services to amend the existing agreement dated October 22, 2001 regarding management services and the respected roles of parties relative to the Waterloo Region Government Information Centre located at Kitchener City Hall, as set out in report SSD-03-029 dated August 19, 2003? Noise By-law Exemption - Capital Commercial Pipe Services Council was in receipt of Development and Technical Services Department report DTS-03- 145 (M. Henderson), dated August 20, 2003, recommending a noise exemption for night work involving sewer rehabilitation and flushing. It was resolved: "That Council grant an exemption from Chapter 450 (Noise) of the Municipal Code to permit night time trenchless sewer rehabilitation and flushing work on King Street between Ottawa Street and Stirling Avenue between the hours of 7:00 p.m. and 7:00 a.m., beginning August 27, and ending September 6, 2003." Food Services Aqreement - Binqemans Inc. Council was in receipt this date of Community Services Department report CSD-03-132 (K. Kugler), dated August 20, 2003. It was resolved: "That Council authorize an amendment to the term of the catering contract between the City and Bingemans Inc. for the provision of food and beverage services at the Kitchener Memorial Auditorium Complex; and, That the amended commencement date shall be August 11, 2003 and the termination date shall be August 10, 2006 with the existing option to renew for a further two year period continuing to be in effect; and further, The Mayor and the City Clerk shall be authorized to execute the agreement with Bingemans Inc., satisfactory to the City Solicitor." Amendment to Standard Residential Subdivision Aqreement Council was in receipt this date of Corporate Services Department report CRPS-03-153 (F. McCrea), dated August 25, 2003 requesting a housekeeping amendment to the standard subdivision agreement. It was resolved: "That the City's standard Residential Subdivision Agreement be amended to provide that the Subdivision Agreement be executed and registered, along with any Supplementary Subdivision Agreements necessary to facilitate staging of development, prior to the servicing of each stage of a Plan of Subdivision, whether before or after registration of the Plan, to the satisfaction of the City Solicitor." AUGUST 25, 2003 COUNCIL MINUTES - 325 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 10. CITY OF KITCHENER Sale of Tickets - Kitchener Minor Hockey Association Council was in receipt this date of Corporate Services Department report CRPS-03-154 (J. Koppeser), dated August 25, 2003. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Kitchener Minor Hockey Association, 80 Schneider Avenue, Kitchener, ON N2G 3X9, to conduct a 'Family Vacation Giveaways Lottery' on January 30, 2004, which will also include a series of 'Early Bird' draws."