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HomeMy WebLinkAboutCouncil Minutes - 2000-04-17COUNCIL MINUTES APRIL 17, 2000 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 'Canada for a CF Cure' representing the Kitchener-Waterloo District Chapter of the Cystic Fibrosis Foundation of Canada. On motion by Councillor K. Taylor-Harrison, the minutes of the regular meeting held April 3, 2000 and special meetings held April 3 and April 10, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated April 12, 2000, from R.W. Pritchard, General Manager of Corporate Services and City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon also asked for consideration of two additional tenders involving parks and opening space planting and update grades to the Corporate Information Application GIS. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That Expression of Interest E00-007, Consultant Services, Rockway Gardens Fountains Restoration, be awarded to Waterforms Canada Limited, Kitchener, at their estimated fee of $25,680.00, including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Expression of Interest E00-019, Consultant Services, Wall Cladding Dom Cardillo Arena, be awarded to Courtland Engineering Consultants lnc., Kitchener at a cost of $17,584.00 including G.S.T." - and - "That Tender T00-026, Watermain Cleaning, be awarded to A-1 Hydrant Services, Scarborough Ontario, at their tendered price of $99,251.05, plus G.S.T." - and - "That Expression of Interest E00-029, Consultant Services, Feasibility Study- Development of A New Parking Garage, be awarded to Paradigm Transportation Solutions Limited, Cambridge, Ontario, at their estimated fee of $68,290.00, including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Tender T00-001 - Concrete Sidewalk and Curb Construction and Repair be awarded to 410754 Ontario Limited O/A Sousa Concrete, at their tendered price of $485,240.72. (Including G.S.T. and P.S.T.)." - and - "That Tender T00-033 - Supply of Hot Mix Asphalt, be awarded to Forwell Limited, Kitchener and Kitchener Asphalt Limited, Kitchener at their tendered unit prices." - and - "That Tender T00-034, Supply of Miscellaneous Aggregates, be awarded to Forwell Limited, Kitchener, Warren Bithulithic Limited, Kitchener, Kieswetter Holdings Limited, Kitchener at their tendered unit prices, plus G.S.T. and P.S.T." COUNCIL MINUTES APRIL 17, 2000 - 204 - CITY OF KITCHENER - and - "That Expression of Interest E00-027, Consultant Services, Children's' Museum Project, be awarded to Levitt Godman Architects Ltd., Toronto, Ontario, at an upset fee of $161,276.00, including G.S.T." - and - "That Tender T00-040, Parks and Open Space Planting, be awarded to John's Nursery, Waterloo, at their adjusted tender price of $62,217.60, plus G.S.T." - and - "That Council waive the tendering requirement for Upgrades to the Corporate Information Application (CIA) GIS and award the project to Orion Technologies lnc., Richmond Hill, Ontario, at an approximate cost of $235,000, plus G.S.T. and P.S.T., subject to a satisfactory contract being negotiated and an upset limit being established; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Councillor T. Galloway inquired as to the timing of the proposed feasibility study for the development of a new parking garage in light of recently discussed Downtown initiatives. He suggested that the consultant services should be delayed until the Downtown strategy is more clearly defined. Councillor M. Yantzi cautioned that delaying the study at this time could possible hinder other developments, noting that the timing could be adjusted during the study process. Mayor C. Zehr suggested that as an alternative to deferral, the staff recommendation could be dealt with this date on the understanding that negotiations with the consultant would take place without setting a firm start date. He added that data gathering could occur in the interim with a report to Council prior to any work being undertaken in regard to the study of a new parking garage. Mr. L. Gordon responded that the consultant could begin with the study of existing parking resources and inquire into alternative methods of addressing demand short of constructing a new parking garage. The motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, to adopt the tenders was voted on and Carried. Council also considered at this time the information report of P. Houston concerning pre-qualification of bidders for Fire Hall No. 3 and the Childrens' Museum, listed as Clause 9 of the Committee of the Whole agenda of this date. No objections were raised to staff's intention to pre-qualify bidders for these projects. The following individuals received Awards of Merit and Certificates of Service in recognition of their serving on Special Committees and Boards under the jurisdiction of City Council. Many of the recipients were in attendance this date and personally received their Awards/Certificates which were presented by Mayor C. Zehr and several members of Council. A Certificate of Service is given for up to five years of service, and an Award of Merit for service in excess of five years. Awards of Merit Valerie Hoag Pritam Singh Grewal Mohamed Badran Certificates of Services Jeffrey Morris Tim Bates Jacqueline Marsh Donna Hartman Donna Billo Don Stewart Sandra Dare Rita Westbrook Rob Krech Regis Coladipietro Cheryl Ewing David Paleczny Arli Klassen Tracie Seedhouse Rich Weinstein Glenn Ward Lori Gove Ken Cenerelli A. Majauskas Edward Lanfranconi Ms. V. Gibaut appeared on behalf of the Elizabeth Fry Society and a member of the Society's Fundraising Team. She introduced fellow Team members Lee Fitzpatrick, Inspector Rita Westbrook and Tammy Hardy. Ms. Gibaut advised that the week of May 8, 2000 is Elizabeth Fry Society Week, APRIL 17, 2000 COUNCIL MINUTES - 205 - CITY OF KITCHENER the Society being a woman centred, non-profit agency advocating on behalf of women in conflict with the law. She indicated that the fundraising target for the year 2000 is $50,000, and outlined the various programs offered or sponsored by the Society. Ms. Gibaut encouraged the public to make a contribution to assist in reaching the fundraising target. Ms. Virginia Amorin and Brad Hundt appeared in support of Committee of Adjustment applications FN 2000-002 and FN 2000-003 respectively, both listed as Clause 8 of the Committee of the Whole agenda of this date. Moved by Councillor G. Lorentz Seconded by Councillor Jake Smola "That Council ratify and confirm the April 11, 2000 decision of the Committee of Adjustment recommending approval of: Submission No. FN 2000-002 - Virginia & John Amorim (3 Parsons Court) Submission No. FN 2000-003 - Danya & Len Hundt (203 Misty Court)." Carried. Ms. Catherine May appeared on behalf of the Kitchener Lawn Bowling Club and in support of Clause 4 of the Community Services Committee report of this date involving a cash grant for purchase of a greensmower. Councillor T. Galloway suggested a friendly amendment to the Committee recommendation deleting the statement that future Council's should make no additional funds available to the Kitchener Lawn Bowling Club for a period of 98 years. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 4 of the Community Services Committee report be adopted, as amended." Carried. Mr. Arnie Attwooll appeared concerning Clause 1 of the Finance and Administration Committee report of this date dealing with an encroachment agreement to allow the operation of a hotdog cart in front of Reggie's at 1 King Street West. Mr. Attwooll assured Council that his staff have indicated the hotdog cart has not been open after midnight, and that this will also be the case in future. He noted that his staff try to keep the area around the hotdog cart clean; however, as the location is at the intersection of two main streets it is often windy, and litter is blown into this area which does not originate from the hotdog cart. Mr. Attwooll also asked for consideration of an extension to the term of the encroachment agreement so as to allow for year-round operation. He suggested that the past number of winters have been relatively mild with little need for snow removal in the Downtown, and this type of weather is favourable for hotdog cart sales. In accordance with the report of J. Shivas, City Solicitor, dated April 11, 2000, Council agreed to amend Clause 1 of the Finance and Administration Committee report to indicate that the term of the encroachment agreement is for a period ending November 30, 2000 rather than October 31, 2000. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Clause 1 of the Finance and Administration Committee report be adopted, as amended." Carried. Mr. Chris Nowe appeared in support of Clause 1 of the Community Services Committee report of this date dealing with the removal of two spruce trees on City-owned lands adjacent to 170 Moore Avenue. Mr. Nowe circulated photographs of the trees and requested Council's support. APRIL 17, 2000 COUNCIL MINUTES - 206 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 1 of the Community Services Committee report be adopted." Councillor G. Lorentz argued that the Committee's recommendation makes sense as the trees have not been properly maintained and their removal is part of the rejuvenation of an older home. Councillor M. Yantzi disagreed noting that the trees should not be removed as they are part of the urban streetscape. Councillor J. Ziegler indicated that he would not support removal as the trees are healthy, and in the event they have to be removed, this should be at the owner's expense. Councillor Ziegler also noted that he has received calls from neighbourhood residents protesting the possible removal. Mayor C. Zehr agreed to deal with the Committee recommendation in two parts, the first involving removal of the tree and the second relating to the cost of removal. Council then voted on the portion of Clause 1 recommending removal of the two spruce trees at 170 Moore Avenue and the motion Carried. Council then voted on the balance of Clause 1 recommending that the cost of removal be split on a 50/50 basis between the City and the owner of 170 Moore Avenue, and the motion Carried. Ms. Rosemary Aicher, Childrens' Museum, appeared and advised that a Request for Proposal relative to the design of the Childrens' Museum was published and drew many quality submissions. She noted that a four-member selection committee, including two representatives from the City of Kitchener, went through a difficult selection process and short listed six architectural firms, three of which were national finalists in the Kitchener City Hall competition. Ms. Aicher announced that the firm selected was Leavitt & Goodman Architects Ltd. and introduced the two principles, Janna Leavitt and Dean Goodman, both of whom were in attendance. She noted that Ms. Leavitt is an Architecture Professor at the University of Waterloo whose firm has been involved in a broad range of projects and in 1999 received the Governor General's Award for Excellence. Ms. Janna Leavitt thanked the City and the Selection Committee, noting that projects of this type are highly sought after as they pose a creative and intellectual challenge for architects. Ms. Leavitt offered the opinion that the Childrens' Museum would contribute to the revitalization of the Downtown. Ms. Aicher further advised that the new Childrens' Museum is scheduled to open in September 2001 with construction beginning in approximately September of 2000. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee be adopted." Councillor G. Lorentz noted that in respect to Clause 6 pertaining to the review team for the Kitchener Memorial Auditorium Complex Draft Master Site Plan, one at-large appointee is required, and a recommendation in this regard will be presented at a future date. The report of the Community Services Committee was then voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried. Clause 4 - Dealt with under Delegations and Carried, as amended. Balance of report - Carried. APRIL 17, 2000 COUNCIL MINUTES - 207 - CITY OF KITCHENER = Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee be adopted." Councillor B. Vrbanovic asked that a portion of Clause 9 pertaining to the Final Report of the Supervisory Training Program; specifically, Section 11b of the report dealing with the Tuition Assistance Program, be dealt with separately. He then disclosed a pecuniary interest and abstained from all voting and discussion concerning Clause 9 - Final Report Section 11(b) as his wife is employed by the City of Kitchener and would benefit from the Tuition Assistance Program. Councillor T. Galloway asked that with respect to Clause 6 dealing with the change in taxation rules due to Bill 79, staff make one copy of any submissions to the Province made by the Association of Municipalities of Ontario or the Association of Municipal Managers, Clerks and Treasurers of Ontario or other organizations available for Council so that they may be aware of what these organizations are proposing. Ms. P. Houston also noted that April 19, 2000 is the deadline for submissions to the Province in this regard. Councillor J. Ziegler asked that Clause 2 of the Finance and Administration Committee report be dealt with separately. He indicated that he is opposed to the recommendation that the Sports Caf~ be denied an encroachment agreement for the year 2000. He noted that the operator has indicated additional staff have been hired to address the problems identified in the past, and the City has tightened its regulations and enforcement in this regard. He suggested that the Sports Caf~ has incurred costs to purchase equipment for a sidewalk patio, which it has been allowed to operate in the past. Councillor M. Yantzi advised that he supports a refusal of the encroachment agreement due to concerns raised during the prior season. He suggested that if Council is entertaining any thought of allowing the sidewalk patio to re-open, that it first hear the comments of surrounding store owners. Councillor B. Vrbanovic offered the opinion that Council is not being unnecessarily harsh on the Sports Cafe, and noted that the operator has indicated to Council that there have also been liquor licensing infractions this year, one of which resulted in a temporary suspension of license. Councillor G. Lorentz advised that he would not support the recommendation, as in his opinion the operator has taken steps to rectify the problems, the terms of the encroachment agreement have been tightened, and staff have been directed to be more pro-active in the area of enforcement. He suggested that the City would not be treating this operator fairly by denying the agreement, and that he should be given an opportunity to do so on the understanding that the privilege would be withdrawn if he does not comply with the terms and conditions. Councillor K. Taylor-Harrison advised that she would support the recommendation in light of ongoing problems with the Sports Cafe, noting that the behaviour of some of the patrons is unacceptable. Council agreed to amended wording for Clause 7 of the report pertaining to amendments to Chapter 530 (Dogs) of the Municipal Code in respect to the involvement of the Regional Officer of Health, the addition of a reference in Section (b) to also recognize that the Poundkeeper can designate a dog as Dangerous not only if it attacks a child or adult, but also another animal; and, stipulating that the Poundkeeper can require immediate removal of a Dangerous dog from a multiple dwelling or lodging house. Ms. Beth Edwardson appeared and expressed concern over a dangerous dog being moved to Kitchener from outside the Region, or being moved from Kitchener to another community. She suggested that where multi-residential complexes are involved, it should be mandatory that a sign be posted at a residence where a dangerous dog is being kept. Councillor J. Ziegler suggested that staff could investigate possible coordination of a Registry of Dangerous Dogs within and outside of the Region. He also noted that if the sign referred to by Ms. Edwardson is not already part of the by-law, that this should also be required. Councillor T. Galloway expressed frustration that Council is having to spend such time and effort to ensure that all dog owners behave responsibly. He questioned whether a mechanism could be put in place to fine, or otherwise compel some dog owners to behave more responsibly. Mr. J. Shivas replied that fine provisions are already in the by-law, and there is also recourse to civil proceedings and the possible termination of a dog through a court order under the Dog Owners Liability Act. He reminded Council that the by-law was initially established to define and publicize what is required of a responsible owner. COUNCIL MINUTES APRIL 17, 2000 - 208 - CITY OF KITCHENER Councillor J. Ziegler read a precis of a section of the Dog Owners Liability Act which gives an individual the right to make application for an order under the Act to have a dangerous dog put down. He also suggested that a means be developed to advise the public of this option. The report of the Finance and Administration Committee was then voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried, as Amended. Clause 2 - Carried. Clause 7 - Carried, as Amended. Clause 9 [that portion relating to the consultant's recommendation 11(b) - Tuition Assistance] - Carried. Clause 9 [remainder of recommendation excluding consultant's recommendation 1 l(b)] - Carried. Balance of report - Carried. Recorded Pecuniary Interest and Abstention: Clause 9 (11b) - Councillor B. Vrbanovic as his wife is employed by the City of Kitchener and would benefit from the Tuition Assistance Program outlined in the consultant's recommendation 11 (b). Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That staff, working with the Humane Society, draft a synopsis, to be made available to the Poundkeeper for distribution, of that portion of the Dog Owners Liability Act dealing with the right to file an application for an Order under the Act to have a dangerous dog which has bitten destroyed, and where such application can be made." Carried. Councillor J. Ziegler suggested the creation of a Registry of Dangerous Dogs which could be shared with other municipalities, who would develop their own registries and in turn share them with other neighbouring municipalities. He suggested that this would be one method of insuring that dogs designated Dangerous in one community are not transferred to another where they may pose the same threat. Councillor J. Haalboom suggested that in addition, individuals having a dog licensed could be required to sign a declaration stipulating that the dog has not been declared Dangerous by another municipality. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That staff investigate, and report to the Finance and Administration Committee, on the creation of a Registry of Dangerous Dogs, the report to include but not be limited to the following: the information to be contained in a Register; the feasibility of making a Kitchener Register of Dangerous Dogs available to other neighbouring municipalities both within and outside of the Region of Waterloo with the intention that they in turn develop similar Registers; providing the City's Dog By-law and Dangerous Dog Register to the Association of Municipalities of Ontario with a request for their assistance in encouraging a broader, Province-wide register; the feasibility of requiring owners to sign a declaration at the time the dog is licensed indicating that the dog has not been designated Dangerous in another municipality." Carried. COUNCIL MINUTES APRIL 17, 2000 - 209 - CITY OF KITCHENER Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Councillor John Smola requested, and Council agreed, to an amendment to Clause 3 reflecting that the Church Street and St. George Street reconstructions are to be a first priority for infrastructure projects in 2001. Councillor G. Lorentz commented on Clause 5 involving installation of an all-way stop control at the intersection of Queen's Boulevard and Westheights Drive, noting his concern with the installation and its ability to alleviate traffic problems. He also referred to problems at a Westheights Drive property during the winter where cars have slid onto a property owner's front lawn, and indicated that if the traffic measures proposed do not prevent such an recurrence, he will return to Council and request consideration of a barrier installation. The report of the Public Works and Transportation Committee was then voted on clause by clause. Clause 3 - Carried, as Amended. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "WHEREAS Peter Barr has been retained by the Cities of Kitchener, Waterloo and Cambridge to prepare financial information with respect to four possible restructuring scenarios; AND WHEREAS Peter Barr requires a resolution of Council in order to share the financial information at his disposal with the Townships of Wilmot, Woolwich, North Dumfries, Wellesley, and the Regional Municipality of Waterloo; THEREFORE BE IT RESOLVED that the City of Kitchener authorizes and directs Peter Barr to share the financial information at his disposal, when available, with the Townships of Wilmot, Woolwich, North Dumfries, Wellesley and the Regional Municipality of Waterloo as well as the Cities of Kitchener, Waterloo and Cambridge." Carried. Mayor C. Zehr referred to the memorandum from Mr. R.W. Pritchard, General Manager of Corporate Services and City Clerk, dated April 17, 2000, which was previously circulated to Council and which outlines the criteria to be used in developing alternative six-ward configurations. Mayor Zehr also referred to the recent announcement by the Province of Ontario agreeing to separated regional and municipal Councils within the Region of Waterloo and a corresponding reduction in the size of both Regional and local Councils. The number of wards within the City of Kitchener is to be reduced from ten to six. Mayor Zehr advised that the Province has indicated they have not completed criteria for ward reductions, and would consider any municipal suggestions in this regard. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler "That the General Manager of Corporate Services and City Clerk be directed to prepare a report outlining suggested options for a six-ward system, and identifying any preferred model, with said report to be considered at the May 1, 2000 Finance and Administration Committee meeting." APRIL 17, 2000 COUNCIL MINUTES - 210 - CITY OF KITCHENER Mayor C. Zehr advised that if the motion before Council is passed, arrangements will be made to immediately advise the Ministry of Municipal Affairs and Housing that Kitchener will be making a recommendation in the near future concerning the mandated six-ward system. Mr. R.W. Pritchard advised that staff are prepared to bring forward three options, one of which they feel is a preferred option. Councillor G. Lorentz suggested that the actions of the Province make little sense. He expressed concern that it feels it can make decisions in the best interests of the community without any public input. He also suggested that local MPPs be invited to attend any meeting where the various six- ward options are to be discussed. Councillor T. Galloway noted that it has taken the Province almost one entire year to respond to the municipality's request for separated Regional and local Councils. This after Kitchener has been chastised by the Province and the media for not dealing with the issue expeditiously. Mayor C. Zehr noted that the Province has advised that no action can be taken to establish ward boundaries by regulation until the Bill which establishes separated Councils receives final reading and royal assent. Councillor J. Haalboom advised that she would be unable to attend the May 1, 2000 meeting due to previous family commitments, and it was generally agreed that staff would provide any background material to Councillor Haalboom so that she can provide any comment or advise of any concerns prior to the May 1, 2000 meeting. Councillor G. Lorentz requested that members of Council be provided with a map of the City showing current and forecasted neighbourhood populations. The motion by Councillor M. Yantzi, seconded by Councillor J. Ziegler, directing staff to prepare a report outlining various six-ward systems was voted on and Carried. Councillor Jake Smola asked that a copy of the Council resolution pertaining to the six-ward system be provided to the Minister of Municipal Affairs and Housing and local MPPs. Councillor G. Lorentz inquired as to the situation with the local school boards and discussion over charging for the after-hour use of school facilities. Mr. F. Pizzuto replied that the Waterloo Region District School Board has decided that it will charge fees for a variety of groups, this applying only to inside facilities as opposed to sportsfields. He advised that a staff information report will be available for either the May 1 or May 15, 2000 Community Services Committee meeting. Mr. Pizzuto pointed out that the Waterloo Catholic District School Board has not taken similar action to date, and Kitchener has yet to decide what it will do in regard to the School Board's use of City facilities. He also pointed out that effective September 1, 2000, the school boards will accept direct facility bookings. Councillor Lorentz pointed out that there is only one taxpayer and questioned how many times this taxpayer is expected to pay for the use of school facilities. He also suggested that it is unfair that the two school boards are approaching this matter differently and questioned what role the City could play in the process to ensure consistency. Councillor B. Vrbanovic noted that this is the unfortunate fallout of funding changes made by the Province. He offered the opinion that decentralizing school bookings within the individual school boards does not make much sense from a customer service perspective, as these bookings were formerly centralized within the City administration. Councillor T. Galloway cautioned that Council should not be too hasty in judging the school boards as they have been forced into this type of activity as a result of the new Provincial funding formula. He also suggested that the groups which are being forced to pay for facility use may well approach local Councils requesting a subsidy or the construction of additional City facilities. He suggested that the Province should be approached and some consideration in this regard requested. He also noted that from the school boards' perspective, they feel that they make less use of City facilities than the general public does of school board facilities. Councillor Jake Smola also suggested that the City work with the school boards in the hope that changes can be made to the Provincial funding allocations. Councillor Jake Smola invited Council and members of the public to attend Earth Day celebrations on April 28, 2000, beginning at noon and on April 29, 2000 from 10:00 a.m. to 4:00 p.m. Councillor T. Galloway referred to a resolution recently enacted by the Council of the Town of Richmond Hill requesting that the Province amend Section 225 of the Municipal Act to authorize local Councils, at their option, to prohibit anywhere within the municipality businesses which offer adult entertainment services if such a prohibition is deemed to be in the public interest. COUNCIL MINUTES APRIL 17, 2000 - 211 - CITY OF KITCHENER Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the Council of the City of Kitchener endorses the April 3, 2000 resolution of the Council of the Town of Richmond Hill in which it requests an amendment to Section 225 of the Municipal Act which would authorize local Councils, at their option, to prohibit, anywhere in the municipality, businesses which offer adult entertainment services if such a prohibition is deemed to be in the public interest, and a by-law is enacted for this purpose; and further, That copies of this resolution be forwarded to the Minister of Municipal Affairs and Housing, local MPPs and the Association of Municipalities of Ontario." Carried. Councillor B. Vrbanovic referred to the Marshall Municipal Innovation Awards, and requested that the Chief Administrative Officer investigate any City programs which may qualify and bring these forward for consideration by Council. Councillor C. Weylie referred to a request for an extension agreement pursuant to the Municipal Tax Sale Act in respect to 75 Ingleside Drive. Mr. R.W. Pritchard advised that a by-law in this regard is listed on the Council agenda of this date for three readings. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That consideration of the by-law listed on the Council agenda of this date to authorize an Extension Agreement under the Municipal Tax Sale Act with Terrance Litt, the owner of 75 Ingleside Drive, be deferred and referred to the May 8, 2000 special Council meeting to allow the property owner to appear before Council." Carried. Mayor C. Zehr referred to the Deloitte & Touche report on municipal restructuring which is being prepared by Peter Barr, and noted that it has been recommended that the report be received at a combined meeting of all the three urban Councils which commissioned it. Councillor J. Ziegler previously gave notice that he would introduce a motion this date concerning subsequent use of the salary and classification survey which Council has directed by conducted for unionized employees. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all voting and discussion concerning the motion of Councillor J. Ziegler in respect to the salary and classification survey conducted for unionized employees as his wife is employed by the City in an employee group which would be affected by the survey. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That notwithstanding the salary and classification survey being conducted by the City of Kitchener for its unionized employees, the Council of the City of Kitchener resolves that this survey will not be used to open existing union contracts to raise salaries or change benefits prior to the expiration of the union contracts but will be used for information purposes only." Councillor J. Ziegler argued that the survey should not be used to open established union contracts. He noted that the City has budgeted based on the existing contracts and should not raise employee expectations in this regard. Councillor John Smola responded that it is not his intent to open existing contracts; however, there may be situations where efficiencies would result, such as a reduction in the number of employee classification categories. Councillor T. Galloway agreed that the exercise is only useful if the City can realize efficiencies in the process. Councillor Jake Smola stressed the need for all City employees to be dealt with fairly and equitably irrespective of whether they are unionized or non- union. He also suggested that the motion of Councillor Ziegler is contrary to the original Council resolution, and offered the opinion that a motion for reconsideration is required. Council then reviewed the original motion directing that the study be conducted. Councillor Jake Smola argued that any APRIL 17, 2000 COUNCIL MINUTES - 212 - CITY OF KITCHENER resolution in this regard must be consistent with the assumptions in the original report prepared by Scott MacCrimmon & Associate, and that the motion before Council is inconsistent in this regard. Councillor Ziegler responded that his motion only seeks to place restrictions on what is done with the study prior to the expiry of existing contracts. Mayor C. Zehr ruled that the motion of Councillor J. Ziegler is in order and that a motion to reconsider is not required. The motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, stipulating that the salary and classification survey is not be used to open existing union contracts was voted on, and a recorded vote was requested. In Favour: Mayor C. Zehr and Councillors J. Ziegler, M. Yantzi, C. Weylie and J. Haalboom. Contra: Councillors K. Taylor-Harrison, John Smola, Jake Smola, T. Galloway and G. Lorentz. Councillor B. Vrbanovic did not participate in the vote. Lost on a tie vote. Council agreed to the request of Mr. R.W. Pritchard, General Manager of Corporate Services and City Clerk, to add an additional by-law for three readings this date relative to a zone change in regard to Peever Technical Services - Cameron Street North. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) 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. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d) Being a by-law to exempt certain lots from Part Lot Control - Lot 11, Registered Plan 1791 - Dawn Ridge Drive (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener - Peever Technical Services - Cameron Street North. (f) Being a by-law to close, retain and transfer parts of Rothsay Avenue and to transfer part of adjacent one foot reserve in the City of Kitchener. (g) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (h) To authorize the construction of certain works on Glasgow Street as shown in Schedule "A" hereto as local improvements. (i) 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. APRIL 17, 2000 COUNCIL MINUTES - 213 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor K. Taylor-Harrison as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor K. Taylor-Harrison Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Haalboom "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) 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. 2000-61) (g) (h) 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. 2000-62) 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. 2000-63) Being a by-law to exempt certain lots from Part Lot Control - Lot 11, Registered Plan 1791 - Dawn Ridge Drive (By-law No. 2000-64) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener - Peever Technical Services - Cameron Street North. (By-law No. 2000-65) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (By-law No. 2000-66) To authorize the construction of certain works on Glasgow Street as shown in Schedule "A" hereto as local improvements. To confirm all actions and proceedings of the Council. (By-law No. 2000-67) (By-law No. 2000-68) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. APRIL 17, 2000 COUNCIL MINUTES - 214 - CITY OF KITCHENER On motion, the meeting adjourned. MAYOR CLERK APRIL 17, 2000 COUNCIL MINUTES - 215 - CITY OF KITCHENER PLAN 1. REPORTS ADOPTED BY COUNCIL NING & ECONOMIC DEVELOPMENT COMMITTEE - That Zone Change Application ZC 00/08/C/BH (9 Cameron Street North - Peever Technical Services) to remove holding provision [15H] from lands zoned Commercial Residential Four Zone (CR-4) legally described as Part of Lots 1, 2, and 3, Registered Plan 100, be approved in the form shown in the "Proposed By-law" attached, dated March 13, 2000, subject to the following condition being satisfied prior to any readings of the By-law by Council: The owner agrees to prepare and register a deed conveying ownership of 0.3 metre reserve along the frontage of 9 Cameron Street North to the City of Kitchener. 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. That consideration of Zone Change Application ZC 99/8/O/GR (3040 Old Mill Road - Janet Kunsch and John Kinzie) be deferred and referred to the May 29, 2000 Planning and Economic Development Committee meeting. COMMUNITY SERVICES COMMITTEE - 1. That the 2 spruce trees located on City owned lands in front of the property known municipally as 170 Moore Avenue be removed with the cost of removal to be shared on a 50/50 basis between the City of Kitchener and the owner of 170 Moore Avenue, (Dealt with under Delegations) 2. That the City of Kitchener supports the local host committee's bid to host the 2002 International Softball Congress World Tournament at the Peter Hallman Ball Yards; and, That the City provide a grant up to a maximum of $4,000.00 as a 1/3 share of the cost of developing and presenting the bid; and, That the City provide a repayable loan in the amount of $5,000.00 to cover 50% of the bid bond; and, That the City assume 100% of the deficit should expenses exceed revenues; and, That the City receive 10% of the profit should revenues exceed expenditures with the balance to be split 40% to Kitchener Fastball Promotions, 40% to Waterloo Ontario Fastball Association and 10% to the City of Waterloo; and, That the local host committee include a minimum of one member of Kitchener City staff; and further, That the City commit to installing the field lighting of a second diamond at the Peter Hallman Ball Yards for the 2002 season to be funded within the current 10 Year Capital Forecast. 3. That the City of Kitchener support the proposal to host the Provincial Skills Canada Competition for a five (5) year period from 2000 to 2004; and, That the City provide a grant in the amount of $25,000.00 for a premier sponsorship for the 2000 event scheduled from May 15 to 17, 2000; and further, That the City recommend to a future Council that a $25,000.00 grant be allocated in each additional year of the proposal, unless the event is relocated in one year to meet the space requirements necessary to host the national competition. 4. That Council approve the request of the Kitchener Lawn Bowling Club for a one time only cash grant in the amount of $4,550.00 to assist the Club in purchasing a greensmower; and further, COUNCIL MINUTES APRIL 17, 2000 - 216 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) That the Kitchener Lawn Bowling Club be advised that no further grant funding will be provided in 2000. (Dealt with under Delegations and Carried, as Amended) That Council not approve the request of Vivian Berkeley and George Shepherd for an in-kind grant in the amount of $155.85 for the rental of the all-purpose room at the Lyle Hallman Pool for a card party to raise funds for these athletes to compete in an International lawn bowling event in Israel in May 2000. That the City of Kitchener appoint a review team for the Kitchener Memorial Auditorium Complex Draft Master Site Plan to develop options for implementation along with other considerations including partnerships, financial and phasing; and, That the review team be comprised of the Chair and Vice-Chair of the Community Services Committee, Ward Councillor Karen Taylor-Harrison, a representative of the Kitchener Rangers Hockey Club, the City's Chief Financial Officer, one appointee at large, the Manager of the Kitchener Memorial Auditorium Complex and senior staff of the Community Services Department; and, That appropriate public and neighbourhood meetings be held as soon as possible and prior to final approval of any phase of the site plan; and further, That implementation options be presented to the Community Services Committee by July 2000. That Council approve the proposal of the 1997 winners of the Festival of Neighbourhoods draw to use the $10,000.00 grant awarded for enhancements to the College Street restoration project, including: a) annual and perennial flower beds to be established at the corner of Duke Street and College Street; b) a concrete pad, bench and waste receptacle to be located at the corner of Duke Street and College Street; c) a concrete pad and bench to be located midway along College Street between Duke Street and Weber Street; and, d) a concrete pad, bench and waste receptacle to be located at the corner of Weber Street and College Street. That Council approve the addition of Kitchener-Waterloo Sports Council Inc. as an insured group in the City of Kitchener's Minor Sports third party liability insurance program. That Melissa Doherty be named the 2000 City of Kitchener Artist in Residence, as recommended by the Public Art Committee; and further, That the Mayor and Clerk be authorized to execute a licensing agreement, satisfactory to the City Solicitor, with Melissa Doherty for use of the City Hall facilities for 2000. 10. That Council not approve the request of the Indian Art-l-Crafts of Ontario for an in-kind grant to assist in the costs of rental of the Kitchener Memorial Auditorium Complex for their Aboriginal Teaching Circle event to be held on May 3, 2000. APRIL 17, 2000 COUNCIL MINUTES - 217 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Reggie's to operate a hot dog cart in front of Reggie's located at 1 King Street West for the 2000 season, being from the date the Encroachment Agreement is signed until November 30, 2000. (Dealt with under Delegations and Carried, as Amended) That no action be taken on the request of ACI Amusements Inc., the operators of Sports Cafe, to permit the use of four (4) feet of sidewalk directly in front of Sports Caf~ located at 102 - 104 King Street West, for the operation of a sidewalk patio for the 2000 season. That permission to sell food in Civic Square and Victoria Park be granted on the following dates, provided the necessary licences, including Health and Fire approvals, are obtained: DATE EVENT - LOCATION VENDORS June 2 Civic Square - 2 Vendors selling hot dogs and BLOCK PARTY fries July 4, 11, 18, 25Civic Square - 2 Vendors selling ice cream, TOONEY TUESDAYS sno cones, candy floss July 7, 8 or 8, 9 Civic Square - 4 Vendors selling ethnic foods SALSA July 13, 20, 27 Civic Square - 3 Vendors selling food related GLOBAL BEAT to the culture that is featured July 20 & 21 Civic Square - Various food vendors ITALIA August 17, Victoria Park- 5 Vendors selling hamburgers, raindate 18 KIDSPARK fries, ice cream, etc. ;and, That in celebration of our multiculturalism and to foster community spirit, the Salsa Event on July 7 to 9, 2000 and the Italia Event on July 20 and 21, 2000, be declared events of "Municipal Significance" to allow a Special Occasion Liquor Licence to be obtained; and further, That staff of the Community Services Department be permitted to sign a Liquor Licence Application for the Salsa and Italia events, on behalf of the City. That a reduced fee of $10.00 be applicable for the Temporary Retail Market Licence for the Fire Fighters' Muster to be held on May 27, 2000 at Doon Heritage Crossroads. That the Mayor and Clerk be authorized to execute an agreement (letter of understanding) with the Waterloo Regional Police Services (WRPS) to allow the Emergency Response Unit (ERU) to use City property at the old Firehall #2, 629 Guelph Street, provided that the agreement provides for termination on seven days notice, indemnification and other matters satisfactory to the City Solicitor; and, That other properties for ERU training may be added as agreed to by the Chief Administrative Officer, or designate, and Facilities Management, potentially including the City Hall Parking Garage (after hours) and the storage building at Lips Park on Guelph Street, with the understanding that the WRPS will notify neighbours within a reasonable proximity to any properties intended to be used for ERU training; and further, That the notice sent to the neighbours in the vicinity of old Firehall #2, 629 Guelph Street, include Councillor John Smola's name and telephone number. COUNCIL MINUTES APRIL 17, 2000 - 218 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 6. WHEREAS the Province decided to retroactively change the taxation rules with Bill 79; AND WHEREAS the Province was unable to provide assessment information in a timely manner because of Bill 79, which in turn caused significant delays in tax billing; AND WHEREAS these delays in issuing tax bills caused the municipalities to delay paying the Education levies when due; THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener petition the Province to improve the compensation formula to better reflect the costs incurred by municipalities due to the delayed implementation of Bill 79; and further, THAT this motion be sent to the Ministry of Municipal Affairs and Housing, Ministry of Finance, Ministry of Education and local MPP's. That the Legal Department prepare a by-law to amend Chapter 530 (Dogs) of the Municipal Code, as follows: (a) That the Poundkeeper, upon receiving notice of a bite where the skin is broken, is to advise the Regional Medical Officer of Health for the purposes of quarantine; and, (b) The Poundkeeper, at his/her discretion, may immediately designate any dog as being Dangerous once aware that a dog has bitten or attacked either a child, an adult or another animal provided written notice is given to the owner at the time; and, (c) That the Poundkeeper may designate a dog as Dangerous and a new condition be imposed to prohibit the animal from residing in a multiple dwelling or lodging house. (As Amended) That an overexpenditure of $100,000 for the 2000 GIS Project capital budget allocation be approved, to be funded as a first charge on the 2001 capital budget allocation for this project. That Council adopt the Final Report of the Supervisory Training Program dated December 1999, submitted by Dr. Lynda J. Pinnington; and, That Council adopt the Corporate Workplace and Leadership Values as approved by Management Committee on April 4, 2000; and further, That staff report to Council on the progress of the Supervisory Training Program every six months. HERITAGE KITCHENER- That the Mayor and Clerk be authorized to execute an agreement, in a form satisfactory to the City Solicitor, with the owners of the Walper Hotel, 1 King Street West, for use of artefacts from the 1924 City Hall in their Queen Street Lobby, substantially as contained in the draft agreement considered by Heritage Kitchener on April 7, 2000; subject to the inclusion of a Schedule of Care and a requirement that any damage to the artefacts be reported forthwith. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That a Bank Stabilization Project be undertaken on Laurel Creek, from a point commencing at Bridge Street to upstream of the Grand River; and, That the stabilization be undertaken in accordance with the preferred solution recommended in an Environmental Study Report completed in 1995 for the Grand River Conservation Authority; and, COUNCIL MINUTES APRIL 17, 2000 - 219 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 1. (Cont'd) That the required capital funding of $792,000.00 be provided from: · Sewer Surcharge Dividend- · Capital Surplus- · Development Charges- $556,000.00 $157,000.00 $ 79,000.00;andfurther, That Braun Consulting Engineers Ltd. be retained to provide engineering services at an upset cost of $86,500.00. That the reconstruction of Church Street, from Cedar Street South to Benton Street, be deferred to 2001, with the 2000 Church Street funding allocation being redistributed to provide additional funding for other scheduled infrastructure projects in 2000; and, That the Gravel Royalty Fund be debited in the amount of $140,000.00, and be used as an additional source of funding for the Glasgow Street Reconstruction Project. That as the Church Street and St. George Street reconstructions have been deferred for several years, staff be directed to complete the design phase of these projects in 2000 and schedule road reconstruction as the first priority for infrastructure projects in 2001. (As Amended) That the pedestrian bridge over the Goderich-Exeter Railway at River Road be replaced with funding for replacement of the structure, estimated at $78,500.00, provided from the Capital Surplus Fund; and further, That Muir Tech Inc. be retained to provide engineering services at an estimated cost of $7,500.00. That an all-way stop control be installed at the intersection of Queen's Boulevard and Westheights Drive and the Uniform Traffic By-law be amended accordingly. That the sound or noise arising from construction activity be prohibited between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day; and further, That Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code be amended accordingly. That parking be prohibited anytime on the west side of Kingsbury Drive, from King Street East to the south limit, and from a point 150m south of King Street East to a point 25m south thereof; and further, That the Uniform Traffic By-law be amended accordingly. That the Regional Municipality of Waterloo and its Contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code, during the reconstruction of Weber Street and King Street between Fergus Avenue and Morgan Avenue and all related work until 9:00 p.m. on weekdays, during the period May 8 to August 31, 2000, and for all night work for one weekend in May, June or July, 2000. That staff correspond with the Minister of Transportation, advising of Kitchener City Council's concern that litter and debris along Provincial highways is not being picked up in a timely manner, and requesting that this be scheduled more frequently; and further, That a copy of the correspondence be circulated to local MPPs. APRIL 17, 2000 COUNCIL MINUTES - 220 - CITY OF KITCHENER A= B= 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licenses i) Massagist Licences- New It was resolved: "That Martha Abrego and Rachel Wilson, who are employed at 1412 Victoria St. N., Kitchener, be granted Massagist licences for the year 2000." 2. En.qineerinq Agreement - Maple Manor Subdivision It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Ltd., regarding Maple Manor Subdivision, Plan 30T-94017." 3. Agreement - Amendment to Direct Fire Alarm Monitorinq (Township of Wellesley) It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, dated April 1, 2000, with the Township of Wellesley, to amend the existing fire dispatch service agreement dated April 1, 1997 with the Township of Wellesley, to provide for direct fire alarm service to Wellesley." = Sale to Canuck Properties Limited and Fineway Properties Limited - Former Fire Hall No. 4 - 340 Fairway Road South It was resolved: "That the City release and quit claim its interest, by notice registered November 19, 1999 as Instrument No. 1440660, in lands municipally known as 340 Fairway Road South and designated as Parts 1 and 2, Plan 58R-11277; and further, That the Mayor and Clerk be authorized to execute such documentation as required by the City Solicitor." 5. Various Tenders Dealt with under Delegations. = Appointment - Council Representative - Residential Enerqy Efficiency Project Advisory Board (REEP) Council was in receipt of correspondence from Prof. I. Rowlands, Department of Environmental and Resource Studies - University of Waterloo, dated March 27, 2000, requesting that Council appoint a representative to the Residential Energy Efficiency Project (REEP) Advisory Board. Councillor T. Galloway disclosed a pecuniary interest and abstained from all voting and discussion in regard to the request that Council appoint a representative to the COUNCIL MINUTES APRIL 17, 2000 - 221 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) '6. Appointment - Council Representative - Residential Enerqy Efficiency Project Advisory Board (REEP) - (Cont'd) Residential Energy Efficiency Project Advisory Board as he is employed by the University of Waterloo which is involved in the project. It was resolved: "That the request for appointment of a representative to the Residential Energy Efficiency Project (REEP) Advisory Board be referred to Management Committee and the Environmental Committee for consideration as to a possible staff appointee." Councillor T. Galloway previously disclosed a pecuniary interest and abstained from all voting and discussion in regard to the request that Council appoint a representative to the Residential Energy Efficiency Project Advisory Board as he is employed by the University of Waterloo which is involved in the project. 7. Street Name Reserve List Deletion Council was in receipt of correspondence from G. Sosnoski, Deputy City Clerk, dated April 12, 2000, advising of a request from the Region of Waterloo to delete the name "Ryder" from the Street Name Reserve List as the similar name of "Rider" has recently been adopted by the Township of Woolwich. It was resolved: "That Kitchener City Council requests that the name 'Ryder' be removed from the Regional Municipality of Waterloo Street Name Reserve List." 8. Committee of Adjustment - WEST WARD/GRAND RIVER WARD Dealt with under Delegations. 9. Pre-Qualification of Bidders - Fire Hall No. 3 and Childrens' Museum Dealt with under Delegations. 10. Resi.qnation/Appointment - Kitchener Downtown Business Association Board of Directors Council was in receipt of correspondence from Ms. M. Green of the Kitchener Downtown Business Association, advising of the resignation of Mr. Brian Plouffe, and requesting the appointment of Mr. Marty Schreiter. It was resolved: "That Mr. Marty Schreiter be appointed to the Kitchener Downtown Improvement Area Board of Management to fill the vacancy created by the resignation of Mr. Brian Plouffe and for the balance of the unexpired term ending November 30, 2000." 11. Permission to Sell Raffle Tickets Council was in receipt of a memorandum from J. Koppeser, Manager of Licensing, dated April 13, 2000, inquiring whether Council has an objection to the sale of raffle tickets in the City by the Barn Dance Historical Society and Entertainment Museum. COUNCIL MINUTES APRIL 17, 2000 - 222 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Permission to Sell Raffle Tickets - (Cont'd) It was resolved: "That the City of Kitchener has no objection to the Barn Dance Historical Society and Entertainment Museum, Box 68, Wingham, Ontario, NOG 2W0, being granted permission to sell tickets in the City of Kitchener for raffle draws to be held on November 22, 2000, with the draws to be held at CKNX Radio, 215 Carling Terrace, Wingham, Ontario." 12. Applications for Cancellation, Refund, Reduction or Levy of Taxes Council was in receipt of correspondence from R.W. Pritchard, General Manager of Corporate Services & City Clerk, dated April 12, 2000, outlining various tax adjustment applications. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 13. Mort.qa.qe Consent - 5 Washburn Drive Council was in receipt of a memorandum from J. Shivas, City Solicitor, dated April 13, 2000, recommending consent to a mortgage in respect to 5 Washburn Drive. It was resolved: "That the City consent to a mortgage from Ukcan II Inc. to Laurentian Bank of Canada and leases with Horizon Furniture Distributors Inc. and Westburne Inc. for the property described as Parts 6 & 21 on Reference Plan 58R-7426, municipally known as 5 Washburn Drive, Kitchener."