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HomeMy WebLinkAboutCouncil Minutes - 2000-12-18DECEMBER 18, 2000 COUNCIL MINUTES 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 Ms. Yvonne Jarsch. On motion by Councillor J. Ziegler, the minutes of the regular meeting held November 27, 2000, inaugural meeting held December 4, 2000 and special meetings held November 27 and December 11, 2000, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9. of Chapter 25 (Council Procedure) of the Municipal Code, Councillor B. Vrbanovic disclosed a pecuniary interest at the in-camera meeting of City Council held December 11, 2000 with regard to a personal matter. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Correspondence from E. Cox, Executive Corresponding Officer, Office of the Prime Minister, dated November 22, 2000, acknowledging receipt of Council's resolution endorsing the Federation of Canadian Municipalities' Ten-Point Action Plan for Sustainable Communities. (2) Correspondence from the Hon. Tony Clement, Minister of Municipal Affairs and Housing, dated November 23, 2000, acknowledging receipt of Council's endorsement of the Town of Richmond Hill's resolution concerning prohibiting the offering of adult entertainment services within a municipality. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated December 13, 2000, from G. Sosnoski, 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 requested consideration of an additional tender outlined in his memorandum dated December 18, 2000, distributed this date, dealing with Expression of Interest E00-089, Architect Services - Budd Park Soccer Field Expansion. Councillor J. Ziegler questioned Expression of Interest E00-102 regarding Consultant Services to conduct a public consultation process on a new Kitchener Market. Mr. F. Pizzuto responded detailing the need for a public consultation process and commenting on the significance of the project. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T00-101, Supply of Domestic Water Meters, be awarded to ABB Water Meters Inc., Mississauga, Ontario at their tendered price of $172,500., plus P.S.T. and G.S.T." - and - "That Expression of Interest E00-081, Consultant Services - CUPE Local 68 Job Ranking System, be awarded to N. Winter Consulting Inc., Toronto, Ontario at their estimated fee of $79,020., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Expression of Interest E00-102, Consultant Services - To Conduct a Public Consultation Process on a New Kitchener Market, be awarded to Urban Marketing Collaborative, Toronto, Ontario at their estimated fee of $75,600., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Expression of Interest E00-089, Architect Services - Budd Park Soccer Field Expansion, be awarded to Totten Sims I-lubicki Associates, Kitchener, at their estimated fee of $85,940., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being establishing; and further, COUNCIL MINUTES DECEMBER 18, 2000 - 624 - CITY OF KITCHENER That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mr. D. Daly, Director of Parks and Environmental Services, appeared as a delegation to provide an update with respect to the development of the Walter Bean Grand River Trail system and details of its phased construction as part of the presentation to be made this date to sponsors of the Trail's access points which are described in Clause 8 of the Community Services Committee report of this date. Mr. Doug Letson, Chair of the Walter Bean Grand River Trail Corporation, appeared as a delegation in support of Clause 8 of the Community Services Committee report. He noted that the Corporation was formed two years ago to generate the cash flow necessary to complete this community trail project and that to date $3,131,000. had been raised for that purpose. At this time, Mayor C. Zehr assisted by Mr. F. Pizzuto, General Manager of the Community Services Department presented framed prints by Bruce Herchenrader of the Grand River to representatives of eight corporate and family donors as listed in the Committee report as well as to the Bingeman Family for allowing their property to be utilized as an access point to the Trail. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Clause 8 of the Community Services Committee report be adopted." Carried. Ms. Connie Giller and Mr. Ken Noonan were registered as delegations to appear on behalf of the Regional Municipality of Waterloo in support of their December 18, 2000 submission attached to the agenda dealing with alteration of the designated property municipally known as 73 Queen Street North (Waterloo County Governor's House and Gaol). This matter pertains to a Heritage Kitchener report arising from its October 20, 2000 meeting to be considered this date. Mayor C. Zehr advised that he had been informed the delegations would not be attending the meeting but Mr. Yanick Cyr from Mr. Noonan's office was in attendance in respect to an understanding that Councillor M. Galloway would introduce a motion asking that this matter be deferred and referred back to Heritage Kitchener for further consideration. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener (meeting of October 20, 2000) be deferred and referred back to Heritage Kitchener for further consideration." Carried. Mr. Raymond Zimmerer appeared as a delegation in support of the recommendation dealing with Committee of Adjustment Submission No. FN 2000-015, listed as part of Item B9 of the Committee of the Whole agenda. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Council ratify and confirm the December 12, 2000 decision of the Committee of Adjustment recommending approval of Submission No. FN 2000-015 - Raymond Zimmerer & Dawn Korytko (129 Erinbrook Drive)." Carried. Mayor C. Zehr suggested the balance of Committee of Adjustment recommendations listed in Item B9 of the Committee of the Whole be dealt with at this time. COUNCIL MINUTES DECEMBER 18, 2000 - 625 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Council ratify and confirm the October 24, 2000 decision of the Committee of Adjustment recommending approval of: · Submission No. SG. 2000-010- S.S. Technologies Inc. (86 Ardelt Avenue); · Submission No. SG. 2000-011 - S.S. Technologies Holdings Limited/Brock Solutions Inc. (90 Ardelt Avenue); · Submission No. FN. 2000-012 - Marina and Daniel Williams (67 Killarney Crescent); and, · Submission No. FN. 2000-013- John Michaelides (605 Erinbrook Drive)." - and - "That Council ratify and confirm the November 21, 2000 decision of the Committee of Adjustment recommending approval of Submission No. SG 2000-012 - Sunralf Holdings Inc. (600 Fairway Road South)." - and - "That Council ratify and confirm the December 12, 2000 decision of the Committee of Adjustment recommending approval of Submission No. SG 2000-013 - Eastern Synod Evangelical Lutheran Church of Canada (74 Weber Street West)." Carried. Mr. Glen Woolner appeared as a delegation ~n regard to demolition applications submitted by Sandhills Residential Retirement Community Inc. in respect to 171 Queen Street South. He was supporting Clause 7 of the Planning and Economic Development Committee report which recommends approval of a Demolition Control Application for the subject property and opposing Clause 3 of the Heritage Kitchener report which recommends refusal of a Demolition Application submitted under the Ontario Heritage Act with respect to the subject property. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That Clause 3 of the report of Heritage Kitchener (meeting of December 8, 2000) be adopted." Motion Lost. In response to Councillor G. Lorentz, Mr. B. Stanley commented on inquiry that had been made with the Region as to possible short term use of the property as a homeless shelter. He indicated that Council could proceed to approve the demolition at this time on the understanding that effort would be made to work with the applicant to seek alternative short term uses of the property by an organization that was prepared to fund necessary costs to bring the building up to a suitable standard. The taxation issue and the negative cash flow of the dwelling was discussed as well as possible financial assistance which would have to be in the form of a grant to relieve the tax burden. Messrs. Woolner and David Gardy, President of the Building Committee, described activity that had recently taken place to find a tenant and the condition of the building noting that any organization that proposed to occupy it would have to spend a significant amount of money, approximately $40,000., and time to make it suitable in exchange for 12 to 18 months accommodation. Councillor C. Weylie confirmed that she had toured the building and agreed with the demolition. Mr. Gardy further commented that the mission of the Benton Street Baptist Church was to assist homeless persons by providing meals and accommodation and advised that 171 Queen Street South was not an appropriate facility for the Church to extend its outreach programs and that use as a shelter was not in keeping with the apartment residential development on the site. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That Clause 7 of the Planning and Economic Development Committee report be adopted." Carried. COUNCIL MINUTES DECEMBER 18, 2000 - 626 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That pursuant to Section 42 of the Ontario Heritage Act, Council approve the application of the owner to demolish the designated property municipally known as 171 Queen Street South, Kitchener, located in the Victoria Park Area Heritage Conservation District." Carried. Mr. Jim Schuett appeared as a delegation regarding Clause 4 of the Public Works and Transportation Committee report dealing with the Lackner Boulevard and Shirley Avenue Extension. He urged the Council to approve a grade separated crossing rather than an at-grade crossing of Lackner Boulevard at the Goderich/Exeter Railway Line north of Victoria Street. It was his view that safety was paramount. He advised that currently some 514 buses access the Bingeman property per year and that it could be anticipated traffic volume on Lackner Boulevard would increase annually. Finally, he noted that accidents at railway crossings were on the increase and he had provided Council with statistics in that regard. Miss Christie Schuett also appeared as a delegation to ask that Council approve a grade separated crossing for the benefit of pedestrians and cyclists as well as motorists. Mr. Lawrence Bingeman appeared as a delegation to advise that Bingeman Park was in support of the Shirley Avenue/Lackner Boulevard connection noting that it would provide a better vehicular route than currently. He did encourage Council to give serious consideration to the question of an at grade crossing versus a separated crossing at the railway tracks. Mr. Jeff Willmer, Planning and Engineering Initiatives Ltd., appeared as a delegation on behalf of Rockway Holdings which owns over 50 acres of industrial land in the vicinity of the Lackner/Shirley Avenue Extension. He confirmed support of staff revisions to Recommendations 2.3, 3.4 and 4.1 of the McCormick Rankin report. He also expressed concern regarding a level crossing and noted that a separated crossing would afford much greater safety especially in terms of increasing rail traffic and the possibility that adjacent lands could have railway access through spurlines which would generate shunting operations in close proximity to the proposed level crossing. It was his view that it was much more cost effective to install a separated crossing at present than in the future. He also referred to the designation of Lackner Boulevard as a primary arterial road except that the proposed road extension and connection has been classified as a major collector but would in fact function as a significant link in the regional network of major roads. Accordingly, it was his view that a level crossing of the rail line was short sighted. Mr. Willmer responded to questions from several Councillors following his presentation and indicated that the Development Charge Fund should be the source of funding for the road and the grade separated crossing and that a one-year delay to achieve a separated crossing was not a concern to his client. Mr. Michael Parkinson appeared as a delegation on behalf of the Waterloo Public Interest Research Group (WPIRG). He questioned the necessity for the road connection project to be advanced five years in the Capital Forecast and suggested there was no need at this time for detailed design and that Council had other more urgent priorities within the community. Further, he noted that the Ministry of Transportation was less than one month away from announcing its plans with regard to the proposed Highway 7 project and he suggested that the Shirley/Lackner connection could jeopardize the widening option for existing Highway 7. Accordingly, he asked that a decision be delayed on the Lackner Boulevard/Shirley Avenue connection project. Councillor G. Lorentz commented that at this time Council would only be approving the alignment and detailed design work and tendering would still have to be done. Mr. J. McBride advised that projects involving Highways 7 and 8 were scheduled for consideration by Public Works and Transportation Committee at its January 22, 2001 meeting and in response to Councillor B. Vrbanovic explained how the proposed new Highway 7 project relates to the Lackner/Shirley connection project. In response to Councillor J. Smola, Mr. D. Mansell advised that it would take approximately six months for staff to deal with a grade separated crossing proposal. Further, it was noted that the additional cost of a grade separated proposal would involve shifting a series of projects to later years in the Capital Forecast to accommodate the additional cost. Mayor C. Zehr advised that the Lackner/Shirley connection had been advanced in the Capital Forecast in an attempt to open up additional industrial land which was in short supply and that the project was not in conflict with the Highway 7 project as it relates to Kitchener's previous recommendation. DECEMBER 18, 2000 COUNCIL MINUTES - 627 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That Clause 4 of the Public Works and Transportation Committee report, as revised in accordance with the recommendations outlined in the December 14, 2000 memorandum from Messrs. S. Gyorffy and D. Mansell, be adopted." Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the report of the Planning and Economic Development Committee be adopted." Carried. Voted on Clause by Clause. Clause 7 - Dealt with under Delegations and Carried. Balance of report - Carried. 3. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." A discussion took place with respect to Clause 7 of the report in that staff report CSD-00-111, dated November 29, 2000, had been deferred and referred for consideration this date. On motion by Councillor G. Lorentz, seconded by Councillor B. Vrbanovic, it was agreed to approve the recommendation outlined in the staff report with the agreement reflecting a four percent increase. Voted on Clause by Clause. Clause 7 - Carried. Clause 8 - Dealt with under Delegations and Carried. was pointed out that additional costs of approximately $600. will be incurred heritage type signage for this subdivision. 4. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the report of the Finance and Administration Committee be adopted." Council was in receipt of advice from Mr. G. Melanson suggesting a rewording of Clause 6 of the report and the mover and seconder of the report proposed this revision as a friendly amendment. Balance of report - Carried. Voted on Clause by Clause. Clause 6 - Carried, As Amended. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener (meeting of December 8, 2000) be adopted." Mayor C. Zehr confirmed that Council was in receipt of December 16, 2000 correspondence from J. Witmer in regard to Clause 6 of the report dealing with street renaming and directional signage. It to accommodate COUNCIL MINUTES DECEMBER 18, 2000 - 628 - CITY OF KITCHENER Voted on Clause by Clause. Clause 3 - Dealt with under Delegations and Motion Lost. Balance of report - Carried. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Voted on Clause by Clause. Clause 4 - Dealt with under Delegations and Carried. Balance of report - Carried. Councillor B. Vrbanovic advised that a school crossing guard has been engaged for the last several months at Howard Robertson School and requested that this become permanent. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That an adult crossing guard facility remain at its present location (Howard Robertson School) effective January 1,2001; and, That staff be directed to enforce a 'No Stopping' regulation during school bell times; and further, That the 2001 Operating Budget be adjusted by approximately $8,000. to reflect this additional expenditure." Carried. Councillor J. Ziegler raised the matter of an adult crossing guard in the vicinity of St. Aloysius School as discussed at the December 11, 2000 Public Works and Transportation Committee meeting. He indicated that he had been approached by parents of children attending this school and there would appear to be a visibility problem with existing school safety patrols. Mr. J. McBride commented that if an adult crossing guard facility was to be established, it should be located at Connaught Street and Munroe Street. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That an adult crossing guard facility be established at Connaught Street and Munroe Street (St. Aloysius School) effective January 1, 2001 and the existing safety patrol at Connaught Street and Traynor Avenue be eliminated and located across the St. Aloysius Church parking lot exit; and, That staff be directed to enforce a 'No Stopping' regulation during school bell times; and further, That the 2001 Operating Budget be adjusted by approximately $8,000. to reflect this additional service." Carried. Councillor G. Lorentz complimented City staff on a job well done to clear city streets of snow after recent snow storms. He noted that streets were categorized by priority for snow ploughing and within each category a list of streets was maintained. He questioned if the snow ploughing procedure could be altered to reverse the ploughing process after each storm so that with the next storm the streets at the end of the listing would be ploughed first. Mr. S. Gyorffy responded that it was a point that he COUNCIL MINUTES DECEMBER 18, 2000 - 629 - CITY OF KITCHENER would bring to staff's attention. Further, he noted that staff were currently discussing how to fully communicate with the public in respect to snow ploughing policy. Councillor B. Vrbanovic questioned what snow blowing equipment the City had and Mr. Gyorffy advised that the City operates a number pieces of snow blowing equipment but noted they were expensive and did not lend themselves to multi-use in the way that dump trucks do for year-round use. Councillor C. Weylie referred to correspondence dated December 15, 2000 received from Mr. S. Howard Rotberg regarding the Federal Government's 'Supporting Community Partnership Initiative' funding model for funding measures to alleviate the problem of homelessness. Councillor J. Smola confirmed that the Downtown Advisory Committee had discussed the matter as noted in Mr. Rotberg's letter and Mayor C. Zehr commented that the City was already on record requesting that such funding be spread across the Region of Waterloo. Mr. B. Stanley advised that this Federal Government program had been brought onstream quickly and that it was staff's intention to prepare an information report in early January for consideration by Council. He also concurred that the issue should be considered on a Regional basis. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That the concerns expressed in the December 15, 2000 correspondence from Mr. S. Howard Rotberg pertaining to the Federal Government's 'Supporting Community Partnership Initiative' be endorsed; and further, That a copy of this resolution be forwarded to the Federal Minister responsible for Canada Mortgage & Housing Corporation; the Provincial Minister of Municipal Affairs & Housing; local MPs; Clerks of Area Municipalities and Human Resources Development Canada." Carried. Councillor G. Lorentz referred to a memorandum received from Mr. L. Proulx regarding the matter of capping wells. Mr. J. Gazzola advised that this issue had been referred to the Capital Forecast for consideration. Prior to consideration of first reading of the by-laws, Mr. R.W. Pritchard requested that three by-laws be added to the agenda for consideration this date dealing with amendment to Chapter 586 of the Municipal Code (Refreshment Vehicles), amendment to Chapter 530 of the Municipal Code (Dogs) and a Part Lot Control by-law with respect to Registered Plan 58M-171. He also advised that a by- law was listed for three readings on the agenda dealing with the closure and sale of a lane between Larkspur Crescent and Fischer-Hallman Boulevard and requested that the third reading listed as item 13(m) be deleted as it had been inadvertently included. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 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. (d) Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (e) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. DECEMBER 18,2000 COUNCIL MINUTES - 630 - CITY OF KITCHENER (f) Being a by-law to provide for the establishing and laying out of parts of Bridlewreath Street, Max Becker Drive and Copper Leaf Street as public highways in the City of Kitchener. (g) Being a by-law to provide for the establishing and laying out of part of Doon South Drive as a public highway in the City of Kitchener. (h) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 49, Registered Plan 1826 - Keewatin Avenue. (i) Being a by-law to repeal and replace Chapter 506 of The City of Kitchener Municipal Code with respect to Amusement Arcades. (J) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Robert Good - Borden Avenue South. (k) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1,2,3,4 and 5, and Blocks 7,8,9 and 10, Registered Plan 58M-89 - Pioneer Tower Road, Pioneer Ridge Drive and Fall Harvest Drive. Being a by-law to exempt certain lots from Part Lot Control - Block 2 and Part of Blocks 1 and 5, Registered Plan 58M-167 - Deer Ridge Court. (m) Being a by-law to close and sell the public lane, for pedestrian use only, between Larkspur Crescent and Fischer-Hallman Boulevard in the City of Kitchener. (n) Being a by-law to amend By-law 99-82, as amended, to establish legal fees for the preparation and processing of agreements and other documentation. (o) Being a by-law to amend various chapters of the City of Kitchener Municipal Code. (p) Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law. (q) To confirm all actions and proceedings of the Council. (r) Being a by-law to amend Chapter 586 of The City of Kitchener Municipal Code with respect to Refreshment Vehicles. (s) Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs. (t) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1,2,3,4,5,6,7 and 8, Registered Plan 58M-171 - Max Becker Drive, Bridlewreath Street and Bridlewreath Court. 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 J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Ziegler 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. DECEMBER 18, 2000 COUNCIL MINUTES - 631 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2000-215) (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2000-216) (c) 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. 2000-217) (d) Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (By-law No. 2000-218) (e) Being a by-law to amend Chapter 380 of The City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (By-law No. 2000-219) (f) Being a by-law to provide for the establishing and laying out of parts of Bridlewreath Street, Max Becker Drive and Copper Leaf Street as public highways in the City of Kitchener. (By-law No. 2000-220) (g) Being a by-law to provide for the establishing and laying out of part of Doon South Drive as a public highway in the City of Kitchener. (By-law No. 2000-221) (h) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 49, Registered Plan 1826 - Keewatin Avenue. (By-law No. 2000-222) (i) Being a by-law to repeal and replace Chapter 506 of The City of Kitchener Municipal Code with respect to Amusement Arcades. (By-law No. 2000-223) (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Robert Good - Borden Avenue South. (By-law No. 2000-224) (k) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1,2,3,4 and 5, and Blocks 7,8,9 and 10, Registered Plan 58M-89 - Pioneer Tower Road, Pioneer Ridge Drive and Fall Harvest Drive. (By-law No. 2000-225) DECEMBER 18, 2000 COUNCIL MINUTES - 632 - CITY OF KITCHENER (m) (n) (o) (P) (q) (r) (s) Being a by-law to exempt certain lots from Part Lot Control - Block 2 and Part of Blocks 1 and 5, Registered Plan 58M-167 - Deer Ridge Court. (By-law No. 2000-226) Being a by-law to amend By-law 99-82, as amended, to establish legal fees for the preparation and processing of agreements and other documentation. (By-law No. 2000-227) Being a by-law to amend various chapters of the City of Kitchener Municipal Code. (By-law No. 2000-228) Being a by-law to amend By-law 85-1, as amended known as the Zoning By-law. (By-law No. 2000-229) To confirm all actions and proceedings of the Council. (By-law No. 2000-230) Being a by-law to amend Chapter 586 of The City of Kitchener Municipal Code with respect to Refreshment Vehicles. (By-law No. 2000-231) Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs. (By-law No. 2000-232) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1,2,3,4,5,6,7 and 8, Registered Plan 58M-171 - Max Becker Drive, Bridlewreath Street and Bridlewreath Court. (By-law No. 2000-233) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned at 9:15 p.m. Carried. MAYOR CLERK COUNCIL MINUTES DECEMBER 18, 2000 - 633 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That Zone Change Application ZC 00/30/B/CL (94 Borden Avenue South Robert Good) proposing to add special use provision 290U to the Existing Use Zone (E-l), on Part Lots 458, 459, 460, 461,462, 463, 464, 465, Plan 262 and Part Lot 4, Streets and Lanes, be approved in the form shown in the "Proposed By-law" attached, dated November 21, 2000 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with City's Municipal Plan. That Zone Change Applications ZC 97/17/K/JG (350 King Street West - Sammy's Social Club) and ZC 98/4/K/JG (122 King Street West - Lyric Night Club) proposing to amend the permitted location of amusement arcades in the D-1 and D-2 zones be approved, in the form shown in the proposed By-law, dated November 14, 2000, without conditions. It is the opinion of this Committee that approval of these applications is proper planning for the City and is in conformity with the City's Municipal Plan. That the draft Amusement Arcade By-law attached to the report of J. Koppeser, Manager of Licensing, dated November 20, 2000 be revised to provide that the hours of operation outlined in clause #20 be changed to '6:00 p.m. to 2:00 am' and that the by-law, as revised, be recommended to Council for enactment. 4. A. That the "Highland West Community Plan" be revised as follows: a) That Map B - General Land Use be revised to redesignate the lands shown on the attached map from "Neighbourhood Institutional" to "Low Density Residential." b) That Policies 3.4.5 and 3.4.6 be deleted to remove reference to the public elementary school in Area 1. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. That the City of Kitchener pursuant to Section 51(31) of the Planning Act R.S.O. 1990 c.P. 13, as amended, and Delegation By-law 97-061 of the Regional Municipality of Waterloo grant draft approval to Plan of Subdivision 30T-00202 in the City of Kitchener for Activa Development Corporation subject to the following conditions: That this approval applies to Plan of Subdivision 30T-00202 for Activa Development Corporation as shown on the plan prepared by MacNaughton Hermsen Britton Clarkson Planning Limited, dated December 4, 2000, and as shown on the attached Plan of Subdivision prepared by the City of Kitchener, dated December 11, 2000, which shows the following: Lots 1-71 Block 72 Block 73 - 71 single detached - walkway/emergency access - stormwater management 2. CITY OF KITCHENER CONDITIONS That the Subdivider enter into a City Standard Form Residential Subdivision Agreement as approved by City Council embracing those lands shown outlined on the attached Plan of Subdivision and that the following special conditions be written therein: The Subdivider covenants and agrees: 51. That the final plan(s) for registration shall be prepared in accordance with the attached Plan of Subdivision, dated December 11, 2000, provided that minor amendments to said plan, acceptable to the General Manager of Business and Planning Services, and not affecting the numbering of any lots or blocks, may be DECEMBER 18, 2000 COUNCIL MINUTES - 634 - CITY OF KITCHENER 52. 53. 54. 55. 56. 57. 58. 59. 60. REPORTS ADOPTED BY COUNCIL permitted without amendment to this agreement. Any changes affecting the numbering of the lots or blocks shall require an amendment to this agreement to reflect such changes. That prior to any grading or construction on site or registration of the plan, the Subdivider agrees to submit a Lot Grading and Drainage Control Plan for the approval of the City's General Manager of Public Works, in consultation with the City's General Manager of Community Services, and Union Gas Limited. That prior to any grading or construction on the site or registration of the plan, to submit a detailed engineering design for storm water management in accordance with the approved concept plan to be approved by the City's General Manager of Public Works in consultation with the City's General Manager of Community Services. Said engineering design shall include an erosion an siltation control plan indicating the means whereby erosion will be minimized and silt maintained on-site both during and after grading and construction stages. The Subdivider further agrees to implement all required measures as outlined in the approved final design. That landscape plans of the proposed storm water management facility shall be approved by the General Manager of Community Services prior to the registration of the Plan of Subdivision. All such landscaping shall be installed at the Subdivider's cost, in accordance with the approved plan. All landscaping of areas above the 5 year storm level shall be installed during the first planting season after occupancy of the first unit. The remainder of the planting shall commence at such time as required by the General Manager of Community Services. The Subdivider shall maintain the planting for a period of one year from the completion of final planting. Landscape plans are to be prepared by an Environmental Professional acceptable to the City. That prior to the Department of Public Works accepting storm water management ponds as shown on the approved landscape plan, the Subdivider agrees to erect one or more information signs at the public access(es) detailing the purpose of the pond, telephone number for further information and any other relevant information, to be approved by the General Manager of Community Services. That the name of the street within the plan shall be that shown on the Plan of Subdivision. That construction traffic to and from the proposed subdivision shall be restricted to Oprington Drive to Victoria Street South. The Subdivider agrees to advise all relevant contractors, builders and other persons of this requirement with the Subdivider being responsible for any signage, where required, all to the satisfaction of the Director of Transportation Services. The Subdivider shall maintain all road allowances within the vicinity of the Works within the Plan free of mud, dust, litter and obstruction on an ongoing basis throughout the term of this Agreement. The Subdivider, on receiving either written or verbal notification from the City to the Subdivider or his/her representatives that work is required, shall immediately undertake such necessary work to clear and/or clean the road allowances. In the event the Subdivider fails to comply, the City may arrange for the necessary work to be undertaken at the expense of the Subdivider. To construct 1.5 metre wide concrete sidewalks along both sides of all streets in the Plan of Subdivision, to the satisfaction of the City's General Manager of Public Works. That in consideration of the wooded character of the subdivision lands and the City's desire to minimize the impact of development on treed areas worth retaining, the Subdivider agrees to comply with the following process in the COUNCIL MINUTES DECEMBER 18, 2000 - 635 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL development of the subdivision in accordance with the City's approved Tree Management Policy: a) prior to the City's releasing the plan of subdivision for registration, the Subdivider shall submit the Detailed Vegetation Plan, for the approval of the City's Director of Planning; b) that no area/rough grading shall occur on the lands until such time as all approved measures for protection of isolated trees, tree clusters and woodlands affected by such grading have been satisfactorily implemented, the City has inspected these measures and the Subdivider has received a written authorization from the City's Department of Public Works to proceed with said grading; c) to implement and be responsible for providing all information contained in the approved Detailed Vegetation Plan, Tree Preservation/Enhancement Plan (if applicable), to all of his heirs, executors, administrators, successors and assigns in order to ensure that the requirements outlined in said plan(s) are carried out as specified; d) a Tree Preservation/Enhancement Plan will be required for those lots or blocks, prior to applying for or having issued any building permits, which are subject to site plan approval under Section 41 of the Planning Act, corner lots (where site service locations and building type have not been predetermined), interior lots greater than 13.7 metres of street frontage, proposed building/structure that is located deeper on the lot than approved on the Detailed Vegetation Plan and/or revised grading will have an adverse effect on the Detailed Vegetation Plan; e) in the event of construction causing minor tree damage, remedial measures such as trimming, dressing, or bark doctoring shall be implemented as the Subdivider's cost and as directed by the Consultant who prepared the approved plan. In cases where major irreparable tree damage is done, liability is questionable, or the tree is judged to be unsafe in the opinion of the Subdivider's Environmental Consultant and/or the City, each such tree shall be removed and replaced with at least one tree of equal value based on the tree value formula as set out in the "Guide for Plan Appraisal" International Society of Arboraculture, Latest Edition. Tree replacements are to be located on the same lot or block as the tree requiring removal or to a location within the subdivision requiring enhancement. Furthermore, such remedial measures or tree replacements shall be approved by the Director of Planning and shall be satisfactorily implemented prior to occupancy of the unit or due to weather conditions by the next planning season. 61. To convey to the City of Kitchener the following lands for the purposes stated therein, at no cost and free of encumbrance, concurrently with the registration of the Plan of Subdivision a) Block 73 for stormwater management purposes. 62. To dedicate to the City of Kitchener free of encumbrance, through plan registration, the following lands for the purposes stated therein. a) Block 72 for public walkway/emergency access. 63. To install a permanent 1.2 metre high, paige wire fence or an alternate marking system, to the satisfaction of the City's General Manager of Community Services, along the rear property lines of Lots 28-38, inclusive, where the above lot lines abut the open space of Eastforest Park (Block 64, Registered Plan 1738). The Subdivider further agrees to include a statement advising of the marking system DECEMBER 18, 2000 COUNCIL MINUTES - 636 - CITY OF KITCHENER 64. 65. 66. 67. 68. 69. 70. REPORTS ADOPTED BY COUNCIL requirement in all Offers to Purchase and Agreements of Purchase and Sale for the lots affected by this Section. That the 5% parkland dedication required for the entire Plan of Subdivision, being 3.208 hectares, shall be satisfied by a cash-in-lieu contribution for 5% of the value of the all the lands within the plan. The value of the cash contribution shall be determined by the City's appraiser as of the day before the day of approval of the draft plan of subdivision, payable to the City prior to the City's release of the plan for registration. To undertake any measure required to ensure proper water pressure to the proposed development, to the satisfaction of the City's Chief Building Official or the City's General Manager of Public Works. That all zero sideyard housing shall provide 1.5 metre wide easements for maintenance and an easement allowing a maximum encroachment of 0.3 metres for eaves. The Subdivider further agrees that the registration of such easements shall occur by way of Grants of Easement Agreement and a reference plan. Prior to issuance of building permits, the Subdivider shall provide a confirmation letter to the City's General Manager of Business and Planning Services which verifies that the reference plan has been deposited and the easement documents have been prepared, worded and registered to the satisfaction of the City Solicitor. This condition shall be regarded as part of the Minister's draft approval conditions and as such, consent applications shall not be required for the establishment of such maintenance or eave encroachment easements. That a plan showing driveway locations for all lots shall be approved by the City's Director of Planning in consultation with the City's General Manager of Public Works, prior to the issuance of building permits within the Plan of Subdivision. The Subdivider further agrees to pair all driveways for all residential lots with less than 10.9 metres of width which do not use the 0 metre side yard concept within the Subdivision Plan, where possible, in order to maximize on-street parking opportunities and boulevard landscaping areas. The Subdivider agrees that no driveways shall be installed within 1.0 metres of a street light pole or hydro pole where the wheels of a vehicle would pass over any part of a submersible transformer vault. The Subdivider further agrees to state this requirement in all Offers of Purchase and Agreements of Purchase and Sale. That no sewer and water service be installed within 1.5 metres of the centre of a proposed submersible transformer vault or within 0.9 metres of a proposed electrical service stub and that no fire hydrant be installed within 3 metres of a proposed street light pole or hydro pole. The Subdivider shall review the Commission's engineering drawings and shall be responsible for ensuring that these separations are maintained. That prior to the issuance of any building permits within the plan, the Subdivider shall install temporary street name signs and emergency access signs in the subdivision at the cost of the Subdivider and to the satisfaction of the City's General Manager of Public Works. Such signs shall indicate that such roads are not assumed by the City and are to be used at one's own risk until assumed by the City. REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the owner enter into an agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to COUNCIL MINUTES DECEMBER 18, 2000 - 637 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or portion of the plan to be registered. That the owner include the following statement in all agreements of lease or purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of this plan: "The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfillment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft plan approval satisfied, including the availability of servicing, until the plan is registered." = OTHER AGENCY CONDITIONS Prior to any grading or construction on the site and prior to registration of the plan, the owners or their agents submit the following plans and reports to the satisfaction of the Grand River Conservation Authority. a) A detailed storm water management report in accordance with the 1994 Ministry of the Environment and Energy Report entitled "Stormwater Management Practices Planning and Design Manual:, the Detweiler Drainage Study and in keeping with the Preliminary Stormwater Management Report (Stantec, March 2000 and addendum letter - Stantec, June 26, 2000). b) A detailed Lot Grading, Drainage and Storm Servicing Plan. c) An Erosion and Siltation Control Plan in accordance with the Grand River Conservation Authority's Guidelines for sediment and erosion control, indicating means whereby erosion will be minimized and silt maintained on-site throughout all phases of grading and construction. = CLEARANCE CONDITIONS That prior to the signing of the final plan, the City's General Manager of Business and Planning Services is to be advised that Conditions 3.1 and 3.2 have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region to the City shall include a brief statement detailing how each condition has been satisfied. That prior to the signing of the final plan, the City's General Manager of Business and Planning Services is to be advised that Condition 4.1 has been carried out to the satisfaction of the Grand River Conservation Authority. The clearance letter from the Grand River Conservation Authority to the City shall include a brief statement detailing how the condition has been satisfied. NOTES The owner/developer is advised that the provisions of Regional Development Charge By-law 99-038 and the provisions of the Development Charge By-law of the City of Kitchener adopted in accordance with the Development Charges Act (Bill 98) apply to this draft approval. DECEMBER 18, 2000 COUNCIL MINUTES - 638 - CITY OF KITCHENER 10. REPORTS ADOPTED BY COUNCIL The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener Department of Business and Planning Services of any changes in ownership, agent, address and phone number. The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system, the proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment and Energy for approval. The proposed stormwater management system meets the definition of a sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment and Energy for approval. The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment and Energy for approval. This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to 3rovide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. To ensure that a Regional Release is issued by the Regional Commissioner of Planning and Culture to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, DECEMBER 18, 2000 COUNCIL MINUTES - 639 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 11. When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the General Manager's signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One (1) original mylar Four (4) mylar copies Four (4) white paper prints 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 Zone Change Application ZC 00/21/H/BH (150 Highland Road West City of Kitchener/Howard Rotberg) requesting a change in zoning from Neighbourhood Institutional Zone (I-1) with Special Regulation Provision 1R to Residential Six Zone (R-6) with Special Regulation Provisions 348R and 1R, on lands legally described as Lots 10, 11 and 12, Part of Lot 9, Plan 222, and Part of Lots 8, 17 through to 21, Municipal Compiled Plan of Subdivision of Lot 17, G.C.T., City of Kitchener, be approved in the form shown in the attached "Proposed By-law", dated November 8, 2000, as revised December 11, 2000 to allow the existing building at it existing westerly sideyard and current height subject to the following conditions: 1) That a Record of Site Condition be completed on the subject property, and acknowledged by the Ministry of Environment, prior to Council giving any readings of the amending Zone Change By-law. 2) The owner acknowledges that condition 1) is to be satisfied no later than 7 months after Council having approved by resolution Zone Change ZC 00/21/H/BH. In the event this resolution is not fulfilled within the seven month period, Council shall consider rescinding the 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. That the newly constructed portion of 'Autumn Ridge Trail' be renamed 'Forest Edge Trail'; · from Doon South Drive easterly to a point just west of Windrush Trail on the north side, and · from Doon South Drive easterly to the westerly lot line of #7 Autumn Ridge Trail on the south side; and further, That staff be requested to design directional signage in respect to Forest Edge Trail and Autumn Ridge Trail and advise Council in this regard as well as proposed locations where such signs are to be placed. That Demolition Control Application DC 00/08/Q/LR (Sandhills Residential Retirement Community Inc.) requesting approval of the demolition of a single detached dwelling located at 171 Queen Street South be approved subject to the applicant salvaging and preserving building material from the dwelling necessary for the restoration of 189 Queen Street South (Schmalz House). It is the opinion of the Committee that approval of this application is proper planning for the City. COUNCIL MINUTES DECEMBER 18, 2000 - 640 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (Dealt with under Delegations and Carried.) 8. 1 That subject to the changes recommended in Sections 2, 3, 4 and 5 below, Council approve the attached Staging of Development Report 2001 - Post 2002 dated October 25, 2000. Further, all additional requests for advancement in the Municipal Draft Plan Approval date or 2001 Priority not be supported. 2) That the following lands be advanced in the Staging of Development Report: a) That Parcel #31, Hallman Aberdeen, be advanced from Post 2002 to Municipal Draft Plan Approval 2002. b) That Parcel #38, Sestan Electric, be advanced from Post 2002 to Municipal Draft Plan Approval 2001C. c) That Parcel #61, 583018 Ontario Limited (Dr. Fung), be advanced from 2001C to Municipal Draft Plan Approval 2001B. d) That Parcel I, Rockway Holdings, be advanced from 2002 to Municipal Draft Plan Approval 2001C. 3) That the following lands be added to the Staging of Development Report: a) That a portion of those lands located immediately south of Parcel #27 in the Staging of Development Report, owned by Activa Holdings, be identified as Parcel #85 and included in the Staging report for Municipal Draft Plan Approval Post 2002. 4) That the text changes for the following parcels in the Staging Report be approved: a) Parcel #18 - North Estate Farms That the Servicing Comments be replaced as follows: "Northerly portion may be permanently re-graded to the Borden Greenway System and will be subject to the Laurentian West Master Drainage Plan. Southerly portion is subject to the Strasburg Creek Master Watershed Plan. Alternatively, both northerly and southerly portions may drain to the south and will be subject to the Strasburg Creek Master Watershed Plan. Sanitary Sewage from the southerly portion to be temporarily pumped into the northern Trunk subject to the pumping station and potential holding tanks paid for by the developers. Maximum of 47 units in northerly portion and 219 units in southerly portion, based on servicing capacity calculations." Reference to "Under Appeal" in the approval date column should be removed as the appeal has been withdrawn. b) Parcel #54 - Peter Kruse in Trust That reference to the former owner 'Erhard and Beate Budzisch' be replaced with the new owner 'Peter Kruse' in Trust. c) Parcel #63 - Grand River Conservation Area Parcel #64 - Rockway Holdin,qs That reference to Registered Plan 1818 in the Timing Comments be deleted as it no longer applies. COUNCIL MINUTES DECEMBER 18, 2000 - 641 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL d) Parcel #18, 19, 27, and 62 That reference to the requirement for a secondary access be included in the General Comments. e) Parcels #4 and 24 That the requirements for a road study be included in the Servicing Comments. f) Parcel #29 That reference to a requirement for old Huron Road to be upgraded be included in the Servicing Comments. g) Parcels #54 and 55 That reference for the requirement for Wabanaki Drive be built to two lanes be included in the Servicing Comments. h) General References That reference to Wabanaki Drive in the Servicing Comments be revised to refer to Wilson Avenue to Fairway Road; ii) That any relevant references throughout the report to Westmount Road south of Fischer-Hallman Road be revised to Fischer-Hallman Road. 5) That the following map changes be approved: a) Parcel #25 - Becker That the southerly boundary of the Becker lands on the Staging of Development Map be revised to match the southerly boundary of the Land Use Map No. 5 in the City's Municipal Plan. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener accept two inscribed brass vat doors and two time clocks, artifacts from the Historic Huether Brewery Co. Limited, as a gift from Mr. Ralph A. Forbes; and further, That staff work with the Industrial Artifacts Advisory Committee to determine and recommend a suitable location for this donation. That Council approve a cash grant in the amount of $3,000. in support of the Grand River Watershed 4th Annual Heritage Day Workshop and Celebration, to be held at the Walper Terrace Hotel on February 19, 2001. That Council approve the reservation of the downtown core, as defined by the Municipal Plan, where installation of banners is feasible, exclusively for the City's Original City banners during the banner season from May to September; with exceptions to this policy being considered by staff for appropriate circumstances. That Council approve and authorize the use of the Service Provider Contract - Special Events contract as a pre-approved contract to be used in connection with services (excluding performer services) at special events; and further, That the Manager of Purchasing or designate be given a signing authority on behalf of the City provided that the total payment/consideration shall not exceed $7,000. COUNCIL MINUTES DECEMBER 18, 2000 - 642 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That Council approve and authorize the use of the Kitchener Farmer's Market Rental Agreement as a pre-approved contract to be used with all vendors at the Kitchener Farmer's Market; with the form of the agreement to be substantially as that attached to staff report CSD-00-108 dated November 28, 2000. That the golf course architect for the Doon Valley Golf Course proceed with development of design and layout plans consistent with principles of municipal golf as outlined in staff report CSD-00-113, dated December 4, 2000. That the City renew its community arenas rink advertising agreement with Boardview Advertising Inc., dated December 30, 1997, for a two year period, reflecting a 4% increase, commencing December 16, 2000; and further, That the Mayor and Clerk be authorized to sign an amending agreement providing for the necessary date changes throughout the agreement and the change in the name of Wilson Arena to Patrick J. Doherty, subject to the approval of the City's Solicitor. That the City of Kitchener approve the names of eight public trail access points associated with the Walter Bean Grand River Trail as follows: a) Claude Dubrick Trailway, located at Kaufman Flats, b) Marsland Landing, located at Kiwanis Park, c) Economical Insurance Trailway, located on Riverbend Drive, d) J.A. Pollock Family Trailway, located at the Stanley Park Optimists Natural Area, e) Peter Hallman Family Trailway, located at Kolb Park, f) K.D. Woerner Family Trailway, located at Woolner Flats, g) Schneider Park, located at Freeport, h) Kuntz Park, located near Pioneer Tower. (Dealt with under Delegations and Carried.) FINANCE AND ADMINISTRATION COMMITTEE - That Council approve the amendments to Municipal Code Chapter 586 (Refreshment Vehicles) as outlined in the draft by-law attached to staff report CRPS-00-097, dated December 1, 2000. That no action be taken to appoint a member of City Council to the Board of the Kitchener Downtown Community Health Centre. That Council approve, in principle, hiring one new full time Administrative Secretary in the Business and Planning Services Department; with this request to be referred to the 2001 Operating Budget deliberations. That Council approve an application from CIRCA Development for a "Feasibility Study Grant" in the amount of $10,000. under the Downtown Financial Incentive Program for renovations to 31 Young Street, Kitchener (former Forsyth factory). That Council take no action to oppose the application for a liquor licence for Artbar, 101 Queen Street North, Kitchener. That Council take no action to object to the application for a liquor licence for Golden Lions Club Restaurant, 238 King Street West, Kitchener, provided that the applicant voluntarily requests the following conditions be added to the liquor licence: The Applicant shall: DECEMBER 18, 2000 COUNCIL MINUTES - 643 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 6. (Cont'd) post, in a conspicuous place, the Downtown Licensed Establishments Code of Conduct; and notify the Clerk of the City of Kitchener of any applications to change the licence, in writing and at the time the application for the change is made to the Alcohol and Gaming Commission. and that the applicant agrees: a. to abide by the Downtown Licensed Establishments Code of Conduct; to become a member of the Kitchener Downtown Business Association's Licence & Entertainment Committee and attend its meetings; to set a 25% monthly ratio of alcohol sales to gross sales (including, food and other sundries) as set out in the application (in other words, alcohol sales will be limited to 25% of gross sales); and d. not to expand the Council. licensed establishment without the consent of the City's (As Amended) That the Kitchener Hockey School registration fees be adjusted to include a $5.00 capital equipment reserve surcharge per registration; and further, That monies generated by this surcharge be deposited into a Capital Equipment Reserve Fund to be used to purchase equipment required to operate the school on a year to year basis. That Council adopt a by-law to amend Municipal Code Chapter 530 (Dogs), in the form as attached to staff report LEG-00-075, dated December 5, 2000. That commencing in 2001 an annual sum of $135,000. be charged to the City's Sick Leave Reserve account to fund the Management/Supervisory Training Program; with this arrangement to remain in effect for five years; thereafter this amount to be reduced to a maximum of $100,000. annually to address program maintenance. 10. That the 2001 fees for the Business and Planning Services Department be approved as outlined in the Comprehensive Fee Review report, dated November 1, 2000; and further, That the Tariff of Fees by-law for planning applications be amended accordingly. 11. That the 2001 fees for the Legal Department be approved as outlined in the Comprehensive Fee Review report, dated November 1, 2000. 12. That the 2001 fees for the Community Services Department be approved as outlined in the Comprehensive Fee Review report dated November 1, 2000 with respect to the following areas: · Aquatics · Community Centres · Leisure Programs · Senior's Centres · Kitchener Memorial Auditorium · Farmer's Market · Arenas · Golf Courses · Parks Operations; and further, DECEMBER 18, 2000 COUNCIL MINUTES - 644 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 12. (Cont'd) That the City Hall fees and charges as outlined in the Comprehensive Fee Review report dated November 1, 2000, be amended and approved subject to deletion of the following: a) the first 4 fees under "City Hall Rotunda and Kitchen"; and, b) the fees under "City Hall Meeting Rooms · Conestoga Room + clean up · Heritage Room + clean up · Council Chambers + clean up · Schmalz Room + clean up" 13. That the 2001 fees for Corporate Services Department - City Clerk's and Licensing be approved as outlined in the Comprehensive Fee Review report, dated November 1, 2000; and further, That the Tariff of Fees by-laws for Committee of Adjustment and Licensing be amended accordingly. 14. That the 2001 fees for the Finance Department be approved as outlined in the Comprehensive Fee Review report, dated November 1, 2000. 15. That the 2001 fees for the Fire Department be approved as outlined in the Comprehensive Fee Review report, dated November 1, 2000. 16. That the 2001 fees for Public Works Department be approved as outlined in the Comprehensive Fee Review report dated November 1, 2000 with respect to the following areas: · Engineering · Parking and Traffic · Utilities · Water Services & Sewer Connections; and further, That the Operations fees as outlined in the Comprehensive Fee Review report, dated November 1, 2000, be approved, as amended, to increase the fee for "Flyer Removal from Posts" to $32. HERITAGE KITCHENER-(October 20, 2000 Meeting) That pursuant to Section 33 of the Ontario Heritage Act, Council approve the outstanding items in Schedule "A" to the application of the owner, dated August 9, 2000, to alter the designated property municipally known as 73 Queen Street North (Waterloo County Governor's House & Gaol), as follows: Item #1 - That the steel mesh be removed from the Gaol windows; and further, That the bars remain on the three windows, on the main floor, on either side of the rebuilt front entrance on the west elevation of the Gaol and on the two main floor windows on the south elevation of the Gaol. Item #5 - That a new arch be installed in the Gaol courtyard wall, immediately adjacent to and identical to the existing arch, to allow for vehicular access to the parking area; and, COUNCIL MINUTES DECEMBER 18, 2000 - 645 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER-(October 20, 2000 Meeting) -(CONT'D) 1. (Cont'd) That the existing arch be infilled with stones to match the wall, the infill material to be recessed 1 foot, subject to the archstones and keystone being maintained in their existing position; and further, That the opening for the new man door shall not accommodate a transom or sidelight. Item #7 - That acknowledgement be given to the fact that the applicant has withdrawn its request to remove existing archstones. Item #8 - That the door opening to the rear entrance to the Governor's House be of a size to accommodate a transom but no sidelights. Item #9 - That oval vents be installed in the gable end on the north and south elevations of the Gaol, to be identical in proportion to the plaster detail in the gable ends on the east and west elevations of the Gaol. Item #12 - That the front entrance of the Gaol be rebuilt as shown in drawing A-3-1 submitted with the application; subject to the bars remaining in the upper windows with the bricks to remain behind the bars in the two narrow windows and the configuration of the centre window being 1/1. (Action deferred and referred back to Heritage Kitchener for further consideration.) That pursuant to Section 33 of the Ontario Heritage Act, Council approve the request of the owner to alter the designated property municipally known as 73 Queen Street North (Waterloo County Governor's House and Gaol) by installing a lead over copper cap on those portions of the Gaol wall adjacent to the new addition; and further, That if funding is available, the lead over copper cap be continued along the entire Gaol wall, and in the event that funding is not available, the remainder of the Gaol wall be protected with a parged cap. (Action deferred and referred back to Heritage Kitchener for further consideration.) HERITAGE KITCHENER- (December 8, 2000 Meeting) That Councillor M. Galloway be appointed Chair of Heritage Kitchener for a term to expire November 30, 2001. That Ms. P. Wagner be appointed Vice-chair of Heritage Kitchener for a term to expire November 30, 2001. That pursuant to Section 42 of the Ontario Heritage Act, Council refuse the application of the owner to demolish the designated property municipally known as 171 Queen Street South, Kitchener, located in the Victoria Park Area Heritage Conservation District. (Dealt with under Delegations and Motion Lost.) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That in order to uphold the historical practice of charging customers the National Energy Board approved rate for TransCanada Pipelines tolls, natural gas rates be modified effective January 1, 2001, in accordance with the Schedules dealing with the General Service Rate, Firm Industrial and Commercial Contract Rate and Interruptible Industrial and Commercial Contract Rate, listed COUNCIL MINUTES DECEMBER 18, 2000 - 646 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 1. (Cont'd) in Appendix 'A' attached to staff report PW-00-072, with the effective transportation rate being 4.267 cents per cubic meter. That the City's Utilities Division increase rental water heater rates as outlined in Appendix 'A' to staff report PW-00-073, to ensure no cross-subsidization and guarantee the long term viability of the program. That the design and colours (purple and orange) recommended in the Kitchener Parking Signage Study by Entro Communications, be adopted as the standard for Kitchener parking facilities; and, That funds in the amount of $150,000. be referred to the Capital Budget process starting in 2001; and further, That private parking operators that meet the standards of the Parking Excellence Recognized in Canada Program (PERC), administered by the Canadian Parking Association, be entitled to incorporate the design and colours into their parking facilities. That Council approve the preferred design and locations for Lackner Boulevard as presented at the Public Information Centre on July 20, 2000, and the recommendations outlined in the November 2000 report of McCormick Rankin Corporation, as revised December 18, 2000, in respect to Clauses 2.3, 3.4 and 4.1, as follows: 1. Lackner Boulevard 1.1 That the recommended alignment for Lackner Boulevard be selected as the preferred design, extending northerly from the existing Lackner Boulevard at Victoria Street. 1.2 That where necessary retaining walls (precast or cast in place concrete) be constructed to maintain grading on the lands owned by the City of Kitchener. 1.3 That Lackner Boulevard be constructed in a single phase with an urban cross- section including four through lanes and a southbound left turn lane at Victoria Street (Exhibit 6.8). 1.4 That Lackner Boulevard on the south side of Victoria Street be realigned to ensure lanes on the north side and south side of Victoria Street are properly aligned. 1.5 That Lackner Boulevard cross the Goderich and Exeter Railway as an at-grade crossing, with the existing traffic signals at Victoria Street coordinated with the railway barrier gates and lights. 1.6 That a culvert shall be installed under Lackner Boulevard to maintain existing drainage in the original channel of the Kolb Drain, with the culvert capacity to match the capacity of the culvert immediately upstream of the proposed crossing. 1.7 That the outside through lanes be widened shared use lanes to allow for on- street cycling. 2. Shirley Avenue 2.1 That the recommended alignment for Shirley Avenue be selected as the preferred design, extending easterly from its existing terminus to Lackner Boulevard north of the Goderich and Exeter Railway (CNR). COUNCIL MINUTES DECEMBER 18, 2000 - 647 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 4. (Cont'd) 2.2 That Shirley Avenue be constructed in two phases, where the interim phase requires a 26 metre right-of-way, and the ultimate phase requires a 30 metre right-of-way. 2.3 That the ultimate phase of Shirley Avenue be constructed when approximately 60 percent of all of the lands north of the railway are developed (or as traffic conditions warrant), and that each of the landowners to the north of the railway contribute their proportional share of the cost of widening based on traffic generated on Shirley Avenue during the P.M. Peak Hour. 2.4 That the City of Kitchener investigate the potential for widening the existing Shirley Avenue at the eastern limit of the existing roadway, in order to accommodate future widening of the existing Shirley Avenue to include four through lanes and possibly a westbound left turn lane. 2.5 That the interim phase for Shirley Avenue include two through lanes, a continuous left turn through the central section, and a left turn lane at Shirley Avenue North; and that the cross-section include catchbasins and a storm sewer, but not include curbs and sidewalks (Exhibit 6.10 to Exhibit 6.12). 2.6 That in conjunction with the interim phase for Shirley Avenue, other underground services be constructed within the right-of-way, where these services would include a local sanitary sewer, a local watermain and any other services or utilities as warranted. 2.7 That the ultimate phase for Shirley Avenue include four through lanes with a continuous left turn through the central section, and a left turn lane at Shirley Avenue North; and that curbs and sidewalk be considered as an option Exhibit 6.5 to Exhibit 6.7). 2.8 That when traffic volume warrants, traffic signals be installed at the intersection with Shirley Avenue North and at the main entrance to Bingeman Park. 2.9 That designated bicycle lanes be provided in each direction, for both the interim and the ultimate cross-sections of Shirley Avenue. 3. Shirley Avenue North 3.1 That the recommended alignment for Shirley Avenue North within the study area be selected as the preferred design, extending easterly through future development lands to connect with the existing section of Shirley Avenue North. 3.2 That Shirley Avenue North be constructed in a 20 metre right-of-way, and include two through lanes and a left turn lane at Lackner Boulevard. 3.3 That designated bicycle lanes be provided in each direction on Shirley Avenue North. 3.4 That in conjunction with the construction of Shirley Avenue North, other underground services be constructed within the right-of-way, where these services would include a local sanitary sewer, a local watermain and any other services or utilities as warranted. COUNCIL MINUTES DECEMBER 18, 2000 - 648 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 4. (Cont'd) Detailed Desiqn Considerations 4.1 That the final plan and profile design for Shirley Avenue and Lackner Boulevard (north of the railway) be co-ordinated and constructed in consultation with adjacent landowners; and further, that detailed phasing and property impact issues be analyzed at the final design stage and resolved during the negotiations relating to the acquisition of lands necessary to construct Shirley Avenue and Lackner Boulevard (north of the railway). 4.2 That storm water management and storm sewer outfall requirements for both the proposed roads and the adjacent lands be coordinated. 4.3 That the design of all underground services be coordinated with the design of the road works. 4.4 That the crossing of the Goderich and Exeter Railway be constructed using rubberized membrane rather than asphalt. 4.5 That Victoria Star Motors be consulted to facilitate potential truck access from Lackner Boulevard at Victoria Street. 4.6 That applicable approvals from regulating agencies be secured for the crossing of the Kolb Drain. 4.7 That prior to construction, the Goderich and Exeter Railway be consulted with respect to the design and approval of the railway barriers and signals; and that the installed signals be designed such that shunting activities at a remote distance from the crossing do not activate the barriers. And further, that the Schedule 'C' Class Environmental Assessment Study Report for this project be filed with the City Clerk for the mandatory 30 day public review period. 5. That effective immediately, the Parking Discount Program be terminated; and, That effective immediately, no new discounted parking fees be offered to new businesses locating Downtown; and further, That effective April 1,2001, all existing monthly parking discounts be eliminated. That effective November 1, 2000, the Forsyth Parking Lot No. 8 offer monthly parking at a cost of $50. per month, Monday to Saturday; and further, That By-law No. 88-169 be amended accordingly. That the current 15 metre corner parking restriction on the south side of Margaret Avenue at Maynard Avenue be extended an additional 9 metres east; and further, That the Uniform Traffic By-law be amended accordingly. That metered parking be removed from the west side of David Street from Courtland Avenue to a point 54 metres north of Courtland Avenue; and, That parking be prohibited on the west side of David Street from Courtland Avenue to a point 54 metres north of Courtland Avenue; and further, That the Uniform Traffic By-law be amended accordingly. DECEMBER 18, 2000 COUNCIL MINUTES - 649 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That as requested by the Kitchener Downtown Business Association, free parking be provided in all City of Kitchener operated parking facilities within the Downtown on Saturdays commencing on November 18, 2000 and extending through the Christmas season to December 30, 2000, inclusive. 10. That the existing 'No Parking Anytime Monday to Saturday' prohibition on the south side of Gruhn Street between Agnes Street and a point 122 metres west thereof be replaced with a 'Two (2) hour time limit, 8:00 a.m. to 6:00 p.m., Monday to Friday'; and further, That the Uniform Traffic By-law be amended accordingly. 11. That the current 'No Parking Anytime' prohibition on the west side of Arnold Street between Birch Avenue and Maple Avenue be removed and replaced with a three (3) hour limit; and further, That the Uniform Traffic By-law be amended accordingly. 12. That parking be prohibited annually from January 1 to March 31 on the north side of Ahrens Street West from Louisa Street to Blucher Street; and further, That the Uniform Traffic By-law be amended accordingly. 13. That on-street parking be prohibited on the south side of Avalon Place from Southmoor Drive to the easterly limit; and further, That the Uniform Traffic By-law be amended accordingly. 14. That on-street parking be prohibited anytime on both sides of Strasburg Road in the following areas: · from a point 33 metres east of Selkirk Drive to a point 70 metres west of Selkirk Drive; · from a point 38 metres west of Barwood Crescent (east intersection) to a point 46 metres east of Barwood Crescent (east intersection); · from a point 49 metres west of Blackhorne Drive to a point 318 metres east of Block Line Road; and further, That the Uniform Traffic By-law be amended accordingly. 15. That parking be prohibited from 8:00 a.m. to 5:00 p.m., Monday to Friday, on both sides of Amherst Drive; and further, That the Uniform Traffic By-law be amended accordingly. DECEMBER 18, 2000 COUNCIL MINUTES - 650 - 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Adult Entertainment Parlour Attendance Licences It was resolved: "That Erin L. Groothuis, employed at 2271 Kingsway Drive, Kitchener, be granted an Adult Entertainment Parlour Attendant Licence for the year 2001 ." - and - "That Charlene M. Jeffrey be granted an Adult Entertainment Parlour Attendant Licence for the year 2001 ." - and - "That the following massagists who are employed at 1412 Victoria St. N., Kitchener, be granted an Adult Entertainment Parlour Attendant Licence for the year 2001: Cheryl Zivkovic (nee Edwards) Stephanie Porter Criselly Moreno Garcia Nicole Gauthier Laura Goldthorpe Dannielle Medema." - and - "That the following massagists who are employed at 4-808 Courtland Ave. E., Kitchener, be granted an Adult Entertainment Parlour Attendant Licence for the year 2001: Colleen Tomlinson Jacqueline Bryce Jean Noble Tracy Murawsky Monica Tobin." - and - "That the following massagists who are employed at #7-280 Victoria St. N., Kitchener, be granted an Adult Entertainment Parlour Attendant Licence for the year 2001: Malgorzata Ziemann-Deptulski Valerie Currie Dana Gardiner." COUNCIL MINUTES DECEMBER 18, 2000 - 651 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 1. Licences --(Cont'd) ii) Permanent Vendor Licence It was resolved: "That Khaled Qalam be granted a 2001 Permanent Vendor Licence for a business to be operated at 2880 King Street East, Kitchener, under the name 'Quick Stop Food Mart'." iii) Sale of Tickets It was resolved: "That the City of Kitchener has no objection to the Knights of Columbus, Father Funcken Council No. 1504, 110 Manitou Drive, Kitchener, Ontario, N2C 1L3, and St. Mark's Council #9276, Kitchener, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's raffle draws to be held at the International Plaza Hotel, 655 Dixon Road, Etobicoke, Ontario, on May 20, 2001 ." iv) Adult Entertainment Parlour Licences It was resolved: "That Radovan (Randy) Zivkovic be granted an Adult Entertainment Parlour Licence for 4-808 Courtland Ave. E., Kitchener, for the year 2001 ." - and - "That Cheryl Zivkovic (nee Edwards) be granted an Adult Entertainment Parlour Licence for 1412 Victoria St. N., Kitchener, for the year 2001 ." - and - "That Malgorzata Ziemann-Deptulski be granted an Adult Entertainment Parlour Licence for #7-280 Victoria St. N., Kitchener, for the year 2001 ." 2. Encroachment Aqreement - 274 Shelley Drive It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of Lot 27, Registered Plan 1247, municipally known as 274 Shelley Drive, to permit the construction and maintenance of a garage on a 15' storm sewer easement located across the rear of the property, registered as Instrument No. 397669." 3. Release - Dismissal of Actions It was resolved: "That the Mayor and Clerk be authorized to sign a Release (and any other necessary documentation, subject to the satisfaction of the Insurance Pool's solicitors), with respect to the dismissal of actions numbered 1278/99 and 1278/99(A)." COUNCIL MINUTES DECEMBER 18, 2000 - 652 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Compliance with Restrictions/Quit Claim Deed - 1535 Strasburq Road It was resolved: "That on December 18, 2000 the property described as Parts 1,2,3,4 & 5 on Reference Plan 58R-10219 and municipally known as 1535 Strasburg Road, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 1295525; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 2.(a), 2.(b) and 2.(d) of the Schedule to Instrument No. 1295525 respecting Parts 1, 2, 3, 4 & 5 on 58R-10219 and municipally known as 1535 Strasburg Road, Kitchener." 5. Compliance with Restrictions/Quit Claim Deed - 290 Shoemaker Street It was resolved: "That on December 18, 2000 the property described as Part 2 on Reference Plan 58R- 5151 and municipally known as 290 Shoemaker Street, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 879846; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2 of a Schedule to Instrument No. 879846 respecting Part 2 on Plan 58R-5151 and municipally known as 290 Shoemaker Street, Kitchener." Execution of Enqineerinq A.qreement - North Fair Subdivision/Old Chicopee Trail Extension 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 Limited, regarding North Fair Subdivision, Old Chicopee Trail Extension, Plan 30T-89017." 7. Various Tenders Dealt with under Delegations. 8. Tender Information - Chief Administrative Officer Approval Council was in receipt of staff reports for Expressions of Interest E00-091 and E00-086 which, pursuant to previously delegated authority, were approved by J. Gazzola, Chief Administrative Officer, between November 17 and December 1, 2000. 9. Committee of Adjustment - Various Dealt with under Delegations. 10. Applications for Cancellation, Refund, Reduction of Levy of Taxes - December 18, 2000 HearinR Council was in receipt of correspondence from G. Sosnoski, City Clerk, dated December 13, 2000 relative to applications for the cancellation, refund, reduction or levy of taxes. COUNCIL MINUTES DECEMBER 18, 2000 - 653 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 10. Applications for Cancellation, Refund, Reduction of Levy of Taxes - December 18, 2000 Hearin.q - (Cont'd) 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." 11. Provincial Lottery Licence - Beth Jacob Conqre.qration Council was in receipt this date of internal correspondence from J. Koppeser, Manager of Licensing. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Ave. S., Kitchener, on June 6, 2001."