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HomeMy WebLinkAboutCouncil Minutes - 2003-12-15COUNCIL MINUTES DECEMBER 15, 2003 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor G. Lorentz. The meeting began with the singing of "0 Canada" by Pareesa Bina, King School of Vocal. It was generally agreed to amend the minutes of the regular meeting held on November 24, 2003 to delete the phrase '... the text of the City's Public Participation Policy developed specific to the Gateway / Pioneer Tower area' from the first sentence of the fourth paragraph on Page 429 of the minutes and replaced with the phrase 'Official Plan Policy Part 3, section 4.7 (Public Participation Policy), which applies to full site plan applications for new commercial development'; and to delete the word 'suggested' from the second sentence of the same paragraph and replaced with the word 'noted'. On motion by Councillor C. Weylie, the minutes of the regular meeting held November 24, 2003, as amended, and special meetings held November 21 & 24 and December 1 & 8, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated November 17, 2003 from Carl Hennum, Assistant Deputy Minister, Operations Division, Ministry of Transportation, acknowledging receipt of Council's resolution regarding litter removal and grass cutting along lands adjacent to Provincial highways in Kitchener. (b) Letter dated December 1,2003 from Ted Arnott, MPP, Waterloo-Wellington, providing updates concerning paying down the provincial debt, the issue of double hatter fire fighters and the Waterloo-Wellington Transportation Plan. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor J. Gazzola posed questions with respect to Expression of Interest E03-058 (Victoria Park Entrance Feature) and Proposal P03-045 (Audit Services). Mr. F. Pizzuto clarified that the budget deficit for the Victoria Park entrance was related to the purchase of two properties on Joseph Street to accommodate the entrance feature and pointed out that it is intended these lands will eventually be sold and the deficit recovered from the selling price. Councillor J. Gazzola referred to the City's current Auditor, Ernst & Young, who did not bid on the new audit services contract, and acknowledged their long-standing service to the City. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That Expression of Interest E03-058, Victoria Park Entrance Feature, be awarded to Green Scheels Pidgeon Planning Consultants Limited, Kitchener at their estimated fee of $80,801.29, including disbursements and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That an agreement be executed satisfactory to the City Solicitor." - and - "That Tender T03-061, Printing of Leisure Magazine, be awarded to Fidelity National Information Solutions Canada Inc., Scarborough, Ontario at their tendered price of $97,529.88, incl. G.S.T. & P.S.T." - and - "That the award of Tender, T03-059, Fire Equipment, be split among six (6) companies as follows: Resqtech Systems Inc., Woodstock, Ontario - $49,080, plus G.S.T. Acklands-Grainger Inc., Richmond Hill, Ontario - $4,505.70, plus G.S.T. Century Vallen, Edmonton, Alberta - $26,138., plus G.S.T. Dependable Emergency Vehicles, Brampton, Ontario - $14,034., plus G.S.T. Darch Fire Inc., Ayr, Ontario - $1,403.94, plus G.S.T. COUNCIL MINUTES DECEMBER 15, 2003 - 524 - CITY OF KITCHENER A.J. Stone Company Ltd., Toronto, Ontario - $53.95, plus G.S.T.; for a total amount of $95,215.59, plus G.S.T." - and - "That Proposal P03-045, Audit Services, be awarded to KPMG LLP, Waterloo, at their proposed price of $95,675. per year, including G.S.T., with an option to renew for two additional one-year terms." - and - "That Quotation Q03-083, Stockpile Remediation - Bingeman Centre Drive, be awarded to Quantum Remediation (Ontario) Inc., Ottawa, Ontario at their quoted price of $112,147.77, including G.S.T." Carried. Ms. Janet England, Co-Chair of the Public Works Week Committee, attended with regard to this event which was held May 20-25, 2003. She advised that the event raised funds in excess of $8,000. for the Childrens' Wish Foundation. The donation was then presented to Ms. Anne Boehm, Co- ordinator of the local sub-chapter of the Childrens' Wish Foundation. Ms. Boehm commended the volunteers and participants of this event. She also advised that in 2004, the Association will celebrate its 20th year and will grant its 10,000th wish, which is expected to receive National media attention. Messrs. lan MacNaughton, Mac Voisin and John MacDonald attended to give a presentation reflecting on the City's achievements relative to the 1995 report of the Mayor's Task Force on the Downtown. The delegation commented on the Task Force recommendations to revitalize the Downtown by making it a top priority, supporting businesses, bringing people to the Downtown, increasing housing, improving the physical environment and developing a concentrated team approach. The City's achievements respecting the Downtown were highlighted; however, they pointed out that the City still needs to work toward improving Downtown facades. In this regard, it was suggested that the City consider hiring an architect to develop a facade improvement plan that could be implemented on a 'one block at a time' basis. The delegation encouraged Council to remain focused in its commitment to Downtown initiatives and development of long term strategies that will ensure the Downtown continues to be a vibrant place for people to visit, live and work in. Jason and Maigen Head attended in support of the recommendation of the Committee of Adjustment, listed as Item B.4 iii) on the Committee of the Whole agenda, regarding a fence variance application (Submission FN 2003-004) for the property at 234 Hollyridge Crescent. The delegation advised that they are requesting permission to legalize an existing 1.52m (5 ft.) fence to provide a safe environment for their children. On motion by Councillor M. Galloway, seconded by Councillor J. Gazzola, the recommendation of the Committee of Adjustment pertaining to Submission FN 2003-004 (234 Hollyridge Crescent) was brought forward for consideration. Councillor C. Weylie advised that she had been contacted by the abutting property owner who is opposed to the recommendation to approve the height variance of the existing fence. She pointed out that the fence has been constructed contrary to regulations of the Fence By-law which permits a height of only 0.91 m (3 ft.) and City staff had recommended to the Committee of Adjustment that the application be refused. Councillor Weylie requested that consideration of the Committee of Adjustment's recommendation be deferred to the January 12, 2004 Council meeting to allow the abutting property owner to be in attendance to make representation to City Council. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the following recommendation of the Committee of Adjustment respecting a fence variance application by Jason and Maigen Head (Submission FN 2003-004 - 234 Hollyridge Crescent) be deferred and referred to the January 12, 2004 Council meeting for further consideration: COUNCIL MINUTES DECEMBER 15, 2003 - 525 - CITY OF KITCHENER 'That the application of Jason & Maigen Head (Submission FN 2003-004 - 234 Hollyridge Crescent) requesting permission for a 1.52 m (5 ft.) high fence on the lot line along Hidden Creek Crescent rather than the permitted 0.91 m (3 ft.) high fence, on Block 50, Registered Plan 58M-151, 234 Hollyridge Crescent, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the fence as approved in this application shall be located as shown on the plans submitted with this application, and shall have a maximum height of 1.52 m (5 ft.).'" Carried. Ms. Mary Pappert attended on behalf of Transport 2000 Canada to request assistance in obtaining improved passenger rail service for the North Mainline Route, which services Kitchener and surrounding areas. Ms. Pappert advised that former Federal Minister of Transport, the Honourable David Collenette, announced on October 24, 2003 a $692.5 M capital injection for Via Rail Canada over a five year period; however, the new Federal Government has the right to reverse this funding commitment. She stated that a vigorous promotion by all communities along the rail line route is needed to secure fulfillment of the funding commitment and dedication of a portion of the funding (approximately $7 M) is needed to upgrade infrastructure and improve safety at rail crossings along the North Mainline Route. Ms. Pappert requested that Council endorse a resolution supporting the funding commitment made by the previous Federal Government for rail infrastructure and improved service. Mayor C. Zehr commented on previous discussions with his municipal counterparts along the rail line route, spearheaded by the former Mayor of Stratford, and advised that a meeting of the mayoralty group is planned for early in the new year to continue discussions regarding Via Rail services. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "WHEREAS the North Mainline rail infrastructure is deteriorating, better rail crossing protection is needed and the tracks require significant improvements to obtain sufficient speed and safety to make our route a viable entity; and, WHEREAS these safety and infrastructure improvements would increase track speeds from 90 kilometres per hour (KPH) to 140 KPH and lead to faster and more frequent passenger train service; and, WHEREAS the result would be increased ridership, improved safety, reduced number of cars on our highways and a significant environmental improvement; and, WHEREAS it is estimated that $70-80M of the Renaissance funding would be needed to upgrade the North Mainline route; THEREFORE BE IT RESOLVED that the Honourable Tony Valeri, Minister of Transport, be advised that the City of Kitchener supports the implementation of the $692.5M funding announced by the former Minister of Transport, the Honourable David Collenette, in October 2003 for Via Rail passenger service and rail revitalization and encourages the Federal Government to activate this funding and improve the condition and service of the North Mainline route for the citizens of this community; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to the Prime Minister of Canada, the Federal Minister of Transport, local Members of Parliament, the Presidents of Via Rail Canada and Transport 2000 Canada, and municipalities along the rail line route." Carried. Mr. Dean Feltham and Ms. Michele DesRosiers, DGF Investments Limited, and Mr. Zyg Janecki, Planning & Engineering Initiatives Limited, attended regarding Clause 2 of the Development and Technical Services Committee report dealing with applications for a Municipal Plan Amendment, 2 Zoning By-laws and repeal of the Country Hills East Community Plan relative to property at the southeast corner of Homer Watson Boulevard and Block Line Road. COUNCIL MINUTES DECEMBER 15, 2003 - 526 - CITY OF KITCHENER On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, Clause 2 of the Development and Technical Services Committee report (meeting of December 8, 2003) was brought forward for consideration. Councillor C. Weylie advised that she was of the understanding that the phrase dealing with 'Access' was not to have been included in proposed By-law 'A' and requested that reference to include the phrase be removed from Part B of Clause 2 of the Committee's report. Mr. D. Feltham advised that he also understood that the phrase would not be included in the by-law but would be further considered by the Development and Technical Services Committee at its meeting in January. He asked that City staff be directed to work with the developer to enable the by- laws to be adopted at the first Council meeting in January. Mr. J. Willmer, Director of Planning, was asked to comment and pointed out that the phrase deals with restricting commercial traffic from accessing Fallowfield Road. He noted that previous discussion raised issues regarding the necessity and difficulties associated with separating commercial and residential traffic. Mr. Willmer stated that it was his understanding that the Committee had intended to include the phrase in the by-law and should it be determined during discussions in January that it was not necessary, it could easily be removed at that time, prior to passing of the by-law. Councillor J. Gazzola advised that in moving the Committee's recommendation, it had not been his intent to include the phrase and he was in agreement with the delegation's request to exclude it. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 2 of the Development and Technical Services Committee report (meeting of December 8, 2003), be adopted, as amended to remove reference to the phrase dealing with 'access' from Part B of Clause 2 and the issue of 'Access' be deferred and referred for further consideration at the January 5, 2004 Development and Technical Services Committee meeting, with all interested parties to be notified and invited to attend." Carried. Mayor C. Zehr advised that the by-law respecting Clause 2 above would be dealt with at the January 12, 2004 Council meeting. Ms. Mary Ann Wasilka attended to comment on an article published in the October 29, 2003 issue of The Record entitled 'Care Not A Commodity', concerning a speech given by Chicago Northwestern University professor John McKnight. Ms. Wasilka disagreed with Mr. McKnight's comparison between Americans and Canadians that suggests Canadians acknowledge society's complexity by viewing the glass as half full and are more likely to believe that they can make a difference. Ms. Wasilka stated that she believes Canadians are just as marginalized and controlled as Americans and gave her personal commitment to continue to encourage citizens of all nationalities to have a voice. On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, Clause 5 of the Development and Technical Services Committee report (meeting of December 8, 2003) was brought forward for consideration. Mr. John Kerr attended in support of Clause 5 of the report and advised that subsequent to discussions at the Committee meeting, residents are now in agreement with renaming a portion of Park Street as Jubilee Drive between David Street and Devon Street. In this regard, Council was in receipt of Development and Technical Services report DTS-03-204 (K. Carmichael) dated Dec 15, 2003 regarding the suffix for the proposed new street name. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 5 of the Development and Technical Services Committee report (meeting of December 8, 2003) be adopted." Carried. DECEMBER 15, 2003 COUNCIL MINUTES - 527 - CITY OF KITCHENER Councillor C. Weylie requested that staff organize a ceremony for area residents in conjunction with erection of signage to acknowledge the renaming of the road to Jubilee Drive. Mr. Reg Jones attended in opposition to the recommendation listed as Item B.3 on the Committee of the Whole agenda with respect to a sign application of Dalimat Investments Ltd. / Frum Developments concerning the property at 700 Strasburg Road. This matter was previously deferred at the October 20, 2003 and again at the November 24, 2003 Council meetings and referred to the meeting this date for consideration in conjunction with a response from staff to recommendations proposed by delegates at the November 24 Council meeting. Prior to Mr. Jones making his presentation, Mr. J. Fielding, Chief Administrative Officer, advised that a meeting was held with the plaza property owner and representatives from the Shoppers Drug Mart store to review the recommendations put forward by delegates at the November 24 Council meeting. He advised that Shoppers Drug Mart has agreed to erect a fence across the parking lot facing Strasburg Road to address glare from vehicle headlights and to turn off the lights on the sign facing Strasburg Road at midnight, as well as decrease its illumination to 70% by installing a film covering. Mr. R. Jones advised that he and other affected neighbouring property owners were excluded from the meeting referred to by Mr. Fielding and requested that this matter be deferred to the January 12, 2003 Council meeting to allow residents an opportunity to meet with Mr. Fielding and the plaza owners. Mr. Jones raised concerns with respect to the height and location of the fence, as well as illumination of the sign on the front of the Shoppers Drug Mart store and suggested that issues of concern should be discussed by all parties. Mr. Jones responded to several questions regarding the concessions made by the plaza owner and he maintained his request to defer this matter pending further discussion among all parties. Mr. Bob McColl attended regarding the concerns raised by Mr. R. Jones, supporting the request for deferral and requested that a written report be provided outlining details of discussions between staff and the developer. Council then entered into discussion with respect to the merit of further deferral, during which several members expressed a desire to proceed this date as the Committee of Adjustment application deals only with the entrance sign to the plaza property and has nothing to do with the issues raised respecting the Shoppers Drug Mart store. It was agreed, however, that the matter be further deferred to allow the residents an opportunity to meet with staff to review discussions held with the plaza owners. Moved by Councillor M. Galloway Seconded by Councillor J. Gazzola "That the following recommendation of the Committee of Adjustment pertaining to sign application Submission No. SG 2003-012 (700 Strasburg Road) be deferred and referred to the January 12, 2004 Council meeting to provide for further discussion between affected parties: 'That the application of Dalimat Investments Limited / Frum Developments (Submission No. SG 2003-012 - 700 Strasburg Road) requesting permission for two pylon signs to have a height of 9.9 m (32.5 ft.) rather than the permitted 7.5 m (24.61 ft.), to reduce the clearance between the bottom of the sign and grade to 1.52 m (5 ft.) rather than the required 2.44 m (8 ft.), and to increase the sign area to 22.2 m2 (238.97 sq. ft.) rather than the permitted 20 m2 (215.29 sq. ft.), on Part Block A, Registered Plan 1416, being Part 1, Reference Plan 58R-2575, 700 Strasburg Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the applicant shall enter into an agreement with the City of Kitchener, to be prepared by the City Solicitor and registered on title, which shall include the management and timing of the lighting of the signs on the Plaza property, and shall also prohibit mobile / portable signs along the Strasburg Road frontage of the subject property.'" Carried, As Amended. COUNCIL MINUTES DECEMBER 15, 2003 - 528 - CITY OF KITCHENER Mr. Chris Pidgeon, GSP Group, attended on behalf of Auburn Developments Limited in support of Clause 4 of the Development and Technical Services Committee report (meeting of December 8, 2003) dealing with a Municipal Plan Amendment and Zone Change for the Arrow Loft Inc. development at 112 Benton Street (former Arrow Shirt factory). Mr. Marty Wasilka, an owner of one of the properties at 30 Courtland Avenue East, attended in opposition to Clause 4 of the report and requested that the developer be held accountable to meet the City's sound planning principles contained in the Municipal Plan and Zoning By-law. He stated that the development is too large for the size of the property; is inappropriate given the historical nature of the surrounding area; and the reduction in rear yard would be overpowering to the Nelson Terrace. Mr. Craig Hunter attended on behalf of the Bread and Roses Co-operative in opposition to Clause 4 of the report, stating that while they support the adaptive re-use of the former Arrow Shirt factory, they are requesting that the City not allow the rezoning to the proposed density level. Mr. Hunter referred to previous correspondence and a petition forwarded to the City regarding this development which City staff now advise has been misplaced. He spoke to concerns regarding the size of the building; the impact of shadow on residents of the Co-operative; risk of damage to the Nelson Terrace resulting from construction; and the potential to create an area where crime can prosper in Clemens Lane. He also pointed out that recent reports published by CMHC indicate that Iow income housing is more appropriately needed in the Downtown core than high-end rental units. Mr. Hunter requested that the City consider establishing an advisory group of area residents, City staff and the Waterloo Regional Police to consider issues of concern prior to a decision being made. Mr. Hunter responded to several questions concerning the scale of the project and the Regional objective toward intensification along the Downtown corridor. He maintained that the size of the development is too large and that there is a greater need for Iow income housing. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, Clause 4 of the Development and Technical Services Committee report (meeting of December 8, 2003) was brought forward for consideration. In response to questions, Mr. Willmer confirmed that documentation submitted by the Bread and Roses Co-operative was lost; however, he stated that staff are of the opinion that the concerns raised by the Cooperative have been addressed in the staff report considered by the Development and Technical Services Committee. He explained the process used to test shadow impact from the development and noted that shadows would be most severe during the winter solstice. He also stated that Clemens Lane would be well illuminated and visible from the development to address issues of safety. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 4 of the Development and Technical Services Committee report (meeting of December 8, 2003) be adopted." Carried. Mr. Thomas Seebohm attended with respect to an impending Ontario Municipal Board (OMB) hearing to deal with an appeal by Drewlo Holdings Limited regarding a proposed apartment development at 530, 540-560 Queen Street South. Mr. Seebohm advised that one year ago Council approved a Heritage Permit application for a 10-storey apartment building facing Victoria Park, based on a specific concept identified as Concept 'D'. He pointed out that the original application specified a 17- storey development and the developer successfully appealed to the OMB for the right to a hearing on the basis that Council did not make a decision on their application as submitted. He stated that area residents opposed to the development feel strongly that Council should defend its position and requested that consideration be given to hiring outside expert heritage, planning and legal counsel to represent the City at the OMB hearing. In response to questions, Ms. L. MacDonald, City Solicitor, advised that the City has in-house legal, planning and heritage experts who are fully qualified to represent the City. She stated that the cost to retain outside legal counsel would be between $35,000. - $50,000. She further advised that the City has a good track record in winning its cases before the OMB. COUNCIL MINUTES DECEMBER 15, 2003 - 529 - CITY OF KITCHENER A motion was brought forward for consideration by Councillor C. Weylie, seconded by Councillor J. Gazzola, to retain independent heritage, planning and legal counsel to represent the City at the Ontario Municipal Board hearing to deal with the development at 530,540-560 Queen Street South. Several members of Council indicated that they would not support the motion because of the costs involved and the precedent that would be set, given the City already has capable in-house expertise. In response to questions from Councillor J. Gazzola, Ms. L. MacDonald expressed the opinion that a mistake was not made in considering the original application and pointed out that compromises are often a result of the decision-making process. She pointed out that the developer could have submitted a new application that would in all likelihood have ended with the same result and in its decision, the OMB has attempted to facilitate due process. Ms. P. Houston advised that the residents' group could raise funds to hire their own representation for the hearing and potentially receive a charitable tax receipt if the funds were donated to the City under contract. Councillor C. Weylie commented on the question of whether or not the Heritage Act will take precedent over the Planning Act in this case and suggested that hiring outside counsel may facilitate a decision in favour of the Heritage Act. The motion by Councillor C. Weylie, and seconded by Councillor J. Gazzola was then voted on and Lost. In response to Councillor C. Weylie, Ms. L. MacDonald reviewed the process involved in gaining party status to the OMB hearing and strongly suggested that the residents' group seek party status. Mr. Julian Ichim and his associate Mark, (last name not provided) attended on behalf of the K-W Youth Collective to raise concerns regarding the investigation by the Waterloo Regional Police into the recent fire at the former St. Jerome's High School. Mr. Ichim took exception to alleged assumptions that street youths may be responsible for setting the fire and denounced the criminalization of youth. Mark advised that a peaceful protest is planned on or about December 23, 2003 wherein squatters will take over an abandoned building to bring attention to the need for affordable housing for street youth. Mr. Ichim requested that Council consider passing a resolution to resolve the Collective's issues of concern. Mayor C. Zehr questioned if the delegation was aware of the progress made in bringing affordable housing to the Downtown and cited several examples of new and proposed housing units. Mr. Ichim acknowledged new housing developments; however, he stated that more is needed and that the demonstrations draw attention to this issue. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, the report of the Development and Technical Services Committee (meeting of October 6, 2003) was brought forward for consideration. Councillor B. Vrbanovic requested that Clause 1 of the report be deferred to the January 12, 2004 Council meeting as he has been unable to contact the parties involved. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That consideration of the Development and Technical Services Committee report (meeting of October 6, 2003) be deferred and referred to the January 5, 2004 Development and Technical Services Committee meeting, with any recommendation arising therefrom being considered at a special Council meeting that date." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee (meeting of December 8, 2003), be adopted." DECEMBER 15, 2003 COUNCIL MINUTES - 530 - Voted on Clause by Clause Clause 2 - Dealt with under Delegations and Carried, as Amended. Clauses 4 and 5 - Dealt with under Delegations and Carried. Balance of report - Carried. CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Councillor J. Gazzola requested that subclause e) of Clause 3 of the report be dealt with separately and advised that he was not prepared to support an increase of $4,000. for the cash portion of the grant, preferring that the increase be limited to $2,000. Voted on Clause by Clause. Clause 3 e) - Carried on a recorded voted. In Favour: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, B. Vrbanovic and J. Smola. Contra: Councillor J. Gazzola Absent: Councillor G. Lorentz Balance of report - Carried. Council was in receipt this date of Corporate Services Department report CRPS-03-215 (J. Koppeser), dated December 8, 2003, concerning Clause 1 of the Finance and Corporate Services Committee report (meeting of November 17, 2003) dealing with a request from the Macedonian- Canadian Community of Cambridge, Kitchener-Waterloo & Guelph to operate bingos in the City of Kitchener. Councillors B. Vrbanovic and M. Galloway disclosed pecuniary interests and abstained from all discussion and voting concerning this matter as they are associated with organizations that derives revenues from bingos. On motion by Councillor J. Smola, seconded by Councillor J. Gazzola, it was agreed that the request from the Macedonian-Canadian Community of Cambridge, Kitchener-Waterloo & Guelph to operate bingos in the City of Kitchener be denied for reasons outlined in staff report CRPS-03-215 (J. Koppeser), dated December 8, 2003, and that this motion replace the deferral recommendation listed as Clause 1 of the Committee report. Moved by Councillor J. Smola Seconded by Councillor J. Gazzola "That the report of the Finance and Corporate Services Committee (meeting of November 17, 2003), be adopted." Carried. Recorded Pecuniary Interests & Abstentions: Clause 1 - Councillors B. Vrbanovic and M. Galloway disclosed pecuniary interests and abstained from all discussion and voting concerning this matter as they are associated with organizations that derives revenues from bingos. DECEMBER 15, 2003 COUNCIL MINUTES - 531 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That the report of the Finance and Corporate Service Committee (meeting of December 8, 2003), be adopted." On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, it was agreed to amend Clause 11 of the report to add the phrase 'That the City of Kitchener, through its Corporate Communications and Marketing Division, continue to provide visitor information through K-W Tourism / Your Kitchener Store; and,' as the first paragraph of the clause. It is also noted that Council was in receipt this date of an internal memorandum form R. Pitfield, Director of Communications and Marketing, dated December 12, 2003 containing additional information requested at the December 8th Finance and Corporate Services Committee meeting. Council was in receipt of Development and Technical Services Department report DTS-03-208 (J. Willmer), dated December 15, 2003, recommending that Clause 13 of the Finance and Corporate Services Committee report be modified to add a new fee of $100. for 'Request for Environmental Records'. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, it was agreed to amend Clause 13 of the report to add the recommendation contained in staff report DTS-03-208 (New User Fee for Request for Environmental Records). Mayor C. Zehr requested that Clause 7 of the report be dealt with separately. He advised that the Kitchener Downtown Business Association has not had an opportunity to discuss the impact of proposed parking rate increases and requested that Clause 7 be deferred to the January 12, 2004 Council meeting. Councillor J. Gazzola requested that Clause 14 of the report be dealt with separately and questioned the intent of the report requested. Councillor B. Vrbanovic advised that in anticipation of the challenges that Council will be faced with during capital budget deliberations, he asked that staff bring forward a list of options that will assist Council in making its decisions. Ms. P. Houston advised that Clause 14 should be amended to revise the date of the special Finance and Corporate Services Committee meeting to January 5, 2004 rather than January 12, 2004. Council was in receipt of Community Services Department report CSD-03-189 (D. Chapman/R. Pitfield) dated December 12, 2003 outlining detailed plans for a skating party in conjunction with the 150th Year Celebration of the Incorporation of the Village of Berlin. It was generally agreed to substitute the staff recommendation for Clause 8 of the Finance and Corporate Services Committee Report. Voted on Clause by Clause Clause 7 - Deferred and referred to the January 12, 2004 Council meeting for further consideration. Clause 8 - Carried, as Amended. Clause 10 - Carried on a recorded vote. In Favour: Mayor C. Zehr and Councillors C. Weylie, M. Galloway and B. Vrbanovic Contra: Councillors J. Smola and J. Gazzola Absent: Councillor G. Lorentz Clauses 11, 13 and 14 - Carried, as Amended. Balance of report - Carried. DECEMBER 15, 2003 COUNCIL MINUTES - 532 - CITY OF KITCHENER Council agreed to a request of G. Sosnoski, General Manager of Corporate Services & City Clerk, to add the following by-laws for three readings this date: a Zoning Amendment by-law relative to Clause 3 of the Development and Technical Services Committee report; three by-laws with respect to tariff fees for Planning matters including an amendment approved this date to add an additional fee for environmental records, Committee of Adjustment and legal fees, relative to Clause 13 of the Finance and Corporate Services Committee report; a by-law to rename a portion of Park Street to Jubilee Drive and a by-law to establish part of Jubilee Drive as public highway, both relative to Clause 5 of the Finance and Corporate Services Committee report. Moved by Councillor J. Smola Seconded by Councillor J. Gazzola "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 designate part of the property municipally known as 381 Pioneer Tower Road in the City of Kitchener as being of cultural heritage value or interest. (e) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 7, Registered Plan 58M-182 - Hawkswood Drive. (f) Being a by-law to amend By-law No. 2003-216 of the Corporation of the City of Kitchener which amends Chapter 210 of the City of Kitchener Municipal Code respecting Cemeteries - Municipal). (g) Being a by-law to exempt certain lots from Part Lot Control - Lots 23, 24 and 25, Registered Plan 58M-258; and Lot 19, Blocks 1 to 7 inclusive, Blocks 10 to 18 inclusive and Part of Blocks 8, 9 and 21, Registered Plan 58M-300 - Snowdrop Crescent, Snowdrop Court, Purple Sage Crescent and Red Clover Crescent. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Wag n Train Inc./Ross - Centennial Court. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Primeland Developments (2003) Limited - Huron Road and Strasburg Road). (k) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters. (I) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment. (m) Being a by-law to establish legal fees for the preparation and processing of agreements and other documentation. (n) Being a by-law to provide for the establishing and dedicating of part of Jubilee Drive as a public highway in the City of Kitchener. (o) Being a by-law to change the name of portions of Park Street, Water Street, Heins Avenue and Theresa Street to Jubilee Drive in the City of Kitchener. DECEMBER 15, 2003 COUNCIL MINUTES - 533 - CITY OF KITCHENER and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor J. Gazzola "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. 2003-224) (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. 2003-225) (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. 2003-226) (d) Being a by-law to designate part of the property municipally known as 381 Pioneer Tower Road in the City of Kitchener as being of cultural heritage value or interest. (By-law No. 2003-227) (e) Being a by-law to exempt certain lots from Part Lot Control - Part of Block 7, Registered Plan 58M-182 - Hawkswood Drive. (By-law No. 2003-228) (f) Being a by-law to amend By-law No. 2003-216 of the Corporation of the City of (g) Kitchener which amends Chapter respecting Cemeteries - Municipal). 210 of the City of Kitchener Municipal Code (By-law No. 2003-229) Being a by-law to exempt certain lots from Part Lot Control - Lots 23, 24 and 25, Registered Plan 58M-258; and Lot 19, Blocks 1 to 7 inclusive, Blocks 10 to 18 inclusive and Part of Blocks 8, 9 and 21, Registered Plan 58M-300 - Snowdrop Crescent, Snowdrop Court, Purple Sage Crescent and Red Clover Crescent. (By-law No. 2003-230) DECEMBER 15, 2003 (h) (i) d) COUNCIL MINUTES - 534 - CITY OF KITCHENER Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Wag n Train Inc./Ross - Centennial Court. (By-law No. 2003-231) To confirm all actions and proceedings of the Council. (By-law No. 2003-232) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Primeland Strasburg Road). Developments (2003) Limited - Huron Road and (By-law No. 2003-233) (k) 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. 2003-234) (I) 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. 2003-235) (m) Being a by-law to establish legal fees for the preparation and processing of agreements and other documentation. (By-law No. 2003-236) (n) Being a by-law to provide for the establishing and dedicating of part of Jubilee Drive as a public highway in the City of Kitchener. (By-law No. 2003-237) (o) Being a by-law to change the name of portions of Park Street, Water Street, Heins Avenue and Theresa Street to Jubilee Drive in the City of Kitchener. (By-law No. 2003-238) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 10:00 p.m. MAYOR CLERK COUNCIL MINUTES DECEMBER 15, 2003 - 535 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (October 6, 2003 Meeting) - 1. That Council approve the balance of Municipal Plan Amendment Application MP 03/01/TC/LM (City Initiated Housekeeping Amendments) being an amendment to: A. Amend Map 5 - Land Use Plan By: (i) Designating the lands described as Part of Lot 20, Registered Plan 959, more particularly described as Part 1 on Reference Plan 58R-4836, municipally known as 55 Morgan Avenue, and Part of Lot 20, Registered Plan 959, municipally known as 63 Morgan Avenue as "Primary Node" instead of "Low Rise Residential" shown on the attached Schedule 'B', Land Use Plan. It is the opinion of this Committee that approval of this application is proper planning for the City. (Deferred and referred to the January 5, 2004 Development and Technical Services Committee meeting for further consideration with any recommendation arising therefrom to be referred to the special Council meeting the same date.) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (December 8, 2003 Meeting) - That on-street parking be prohibited at any time on the north side of Alpine Road from Ottawa Street South to Alpine Court. That the Uniform Traffic By-law be amended accordingly. That Municipal Plan Amendment Application MP 02/08/H/BS (Homer Watson Boulevard / Block Line Road - DGF Investments Limited) requesting a change in designation from Low Rise Residential to Medium Rise Residential with Special Policy #37, on lands legally described as Part Lot 1, Registrar's Compiled Plan 1482, and part of reserve Block "J", registered Plan 1329, more particularly described as part 4, plan 58R-14266, in the City of Kitchener, be approved, in the form shown in the Municipal Plan Amendment attached to report DTS-03-203. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. That Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - DGF Investments Limited) requesting a change from Arterial Commercial (C-6), with Special Use Provision 85U, Residential Eight Zone (R-8), with Special Use Provision 175U and Residential Six Zone (R-6) to Neighbourhood Shopping Centre Zone (C-2), with revised Special Use Provision 85U and Special Regulation Provision 371R, on the lands legally described as Part Lot 1, registrar's Compiled Plan 1482, and part of reserve Block "J", Registered Plan 1329, more particularly described as parts 1, 2 and 3, Plan 58R-14266, in the City of Kitchener, be approved, in the form shown in the "Proposed By- law (A)" attached to report DTS-03-203, subject to the following: 1) That the request of City staff to add an additional phrase dealing with 'Access' to Clause 4 of the By-law be deferred and referred to the January 5, 2004 Development and Technical Services Committee meeting for further consideration and all interested parties be notified and invited to attend; and, 2) That prior to any readings of the amending Zoning By-law, the owner shall make satisfactory arrangements with the Regional Municipality of Waterloo and the City of Kitchener for any traffic control measures that may be required; and further, COUNCIL MINUTES DECEMBER 15, 2003 - 536 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (December 8, 2003 Meeting) - (Cont'd) 2. (Cont'd) 3) That the owner acknowledges that Condition 2 is requested to be satisfied within 12 months of the day of Council having approved by resolution Zone Change Application ZC 02/06/H/BS. In the event that this requirement is not fulfilled within the 12 month period, Council may consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (Homer Watson Boulevard / Block Line Road - DGF Investments Limited) to the City's Municipal Plan. That Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - DGF Investments Limited) requesting a change from Residential Eight Zone (R-8), with Special Use Provision 175U, Residential Six Zone (R-6) and Hazard Land Zone (P-3) to Residential Eight Zone (R-8), with Special Regulation Provision 372R, on the lands legally described as Part of Lot 1, Registrar's Compiled Plan 1482 and part of Reserve Block "J", Registered Plan 1329, more particularly described as part 4, Plan 58R-14266, in the City of Kitchener, be approved, in the form shown in the "Proposed By- law (B)", dated October 6tth 2003 attached to report DTS-03-203, subject to the following: 1) That prior to any readings of the amending Zoning By-law, the owner shall make satisfactory arrangements with the Regional Municipality of Waterloo and the City of Kitchener for any traffic control measures that may be required; and 2) That the owner acknowledges that Condition 1 is requested to be satisfied within 12 months of the day of Council having approved by resolution Zone Change Application ZC 02/06/H/BS. In the event that this requirement is not fulfilled within the 12 month period, Council may consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. D. That the Country Hills East Community Plan be repealed. It is the opinion of this Committee that repealing the Plan is proper planning for the City. (Dealt with under Delegations and Carried, as Amended) That Zone Change Application ZC 03/26/H/DR (Huron Road - 673099 Ontario Ltd.) to change the zoning on the subject lands from Residential Four Zone (R-4) with Special Regulation Provision 341, Residential Three Zone (R-3), Public Park (P-l), Residential Six Zone (R-6) with Special Regulation Provision 343, Restricted Business Park (B-2), Residential Six Zone (R-6) with Special Regulation Provision 342, Residential Six Zone (R-6) with Special Regulation Provision 344, Residential Six Zone (R-6) with Special Regulation Provision 345 to Residential Six Zone (R-6) with Special Regulation Provision 342 and Special Regulation Provision 410, Residential Six Zone (R-6) with Special Regulation Provision 343 and Special Regulation Provision 410, Residential Four Zone (R-4) with Special Regulation Provision 341, Public Park Zone (P-l) and Hazard Land Zone (P-3), Residential Six Zone (R-6) with Special Regulation Provision 344 and Special Regulation Provision 410 and Residential Six Zone (R-6) with Special Regulation Provision 345 and Special Regulation Provision 410 on lands legally described as Lots 148 to 160 inclusive, Lots 162 and 163, Part Lots 176 and 177, Registered Plan 640, Part Lots 12 and 13 Biehns Tract, in the City of Kitchener, be approved in the form shown in the "Proposed By-law", dated November 25, 2003, attached to report DTS-03-193, 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 the City's Municipal Plan. COUNCIL MINUTES DECEMBER 15, 2003 - 537 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (December 8, 2003 Meeting) - (Cont'd) That Municipal Plan Amendment Application MP 02/11/B/JV (112 Benton Street - Arrow Lofts Inc.) requesting a change in designation from General Industrial to High Density Commercial Residential with Special Policy # on lands legally described as Parts of Lots 11 to 20 inclusive, Registered Plan 398 and Part of Lot 174, Subdivision of Lot 17, German Tract Company, Being Part 1 on Registered Plan 58R-7055, in the City of Kitchener, be approved, in the form shown in the Municipal Plan Amendment attached to report DTS-03-200, without conditions, and accordingly forwarded to the Region of Waterloo. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. That Zone Change Application ZC 02/35/B/JV (112 Benton Street - Arrow Lofts Inc.) requesting a change from General Industrial Zone (M-2) to (CR-3) with Special Regulation Provision 349R and Holding Provision 46H on lands legally described as Parts of Lots 11 to 20 inclusive, Registered Plan 398 and Part of Lot 174, Subdivision of Lot 17, German Tract Company, Being Part 1 on Registered Plan 58R-7055 in the City of Kitchener, be approved, in the form shown in the "Proposed By-law", dated November 21, 2003 attached to report DTS-03-200, 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 a recommended Amendment (112 Benton Street - Arrow Lofts Inc.) to the City's Municipal Plan. That the Heritage Impact Assessment and associated addendums thereto, as approved by the City's Director of Planning on November 27, 2003, be recognized as the basis for City staff to evaluate and approve all site plan and building permit applications. (Dealt with under Delegations and Carried) That Park Street be re-named to Jubilee Drive between David Street and Devon Street; and accordingly, Legal Services be instructed to prepare the necessary by-law for consideration at the December 15, 2003 City Council meeting; and further, That the properties currently addressed as 94 and 98 Heins Avenue and 57 Courtland Avenue West be assigned new municipal addresses of 2 and 4 Theresa Street and 57 Jubilee Drive respectively. (Dealt with under Delegations and Carried) That alterations to existing Plains Road between Fischer Hallman Road and Trussler Road as proposed in the December 8, 2003 presentation by Mr. Robert Milligan be referred to staff for preparation of a report for consideration at a future meeting of the Development and Technical Services Committee; and further, That Mr. Milligan be advised of the Committee meeting date to consider this matter. That Demolition Control Application DC 03/12/F/CB (Alberto and Hodgins), requesting approval for the demolition of one single detached dwelling, located at 88 Franklin Street South, on land legally described as Plan 254 Part Lot 136, be approved in principle, subject to the following condition: 1) That the owner obtains a building permit for the proposed development. Upon satisfaction of condition 1, the Director of Planning may authorize and issue a demolition permit under Section 33(6) of the Planning Act. The demolition permit will be subject to the following condition: DECEMBER 15, 2003 COUNCIL MINUTES - 538 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (December 8, 2003 Meeting) - (Cont'd) 7. (Cont'd) That in the event that construction of the new duplex dwelling is not substantially complete within 2 years of the date that demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000 for each dwelling unit contained in the residential properties in respect of which the demolition permit is issued and such sum shall, until payment thereof, be a lien or charge upon the land in respect of which the permit to demolish the residential property is issued. 2) It is the opinion of this Committee that approval of this application is proper planning for the the Staging of Development Report 2004-Post 2005 (DTS-03-195-PL) be approved. City. That That the following recommendation of the Downtown Advisory Committee as contained in Community Services Department report CSD-03-185 be referred to staff to prepare a report incorporating the revised costs of the improvement requests into the plan for redevelopment for consideration by Council as part of the 2004 Budget process: 'That the City of Kitchener implement paving and lighting improvements to Hall's Lane between Ontario and Gaukel Streets; and further, That the City advance improvements to Gaukel Street between Joseph and King Streets from 2005 to 2004 and that these streetscape improvements are co-ordinated with Hall's Lane improvements.' COMMUNITY SERVICES COMMITTEE - That the 2004 Foot Care Service Provider agreements for Breithaupt Centre, Rockway Centre and Victoria School Centre be renewed with current providers and approval be granted to reduce the City's Facility Rental Fees and Charges for use of space, as outlined in Community Services Department report CSD-03-174. That the Forest Hill Park Renewal Committee be awarded a one-time community playground grant of $1,500. in 2003 toward installation of new creative playground components to be located within the existing playground at Forest Hill Community Park. That subject to final approval as part of the 2004 Operating budget process, the 2004 annual operating grants, as outlined in Community Services Department report CSD-03-173, be revised to $1,065,031. from $1,030,119., which incorporates the following recommendations relative to grant appeals lodged by organizations, exclusive of the request of the Festival of Neighbourhoods outlined in Item c): a) That the 2004 annual operating grant for the K-W Performing Arts Association / Theatre & Company be increased to $6,500. ($4,000. in-kind to be used for parking and $2,500. cash) from $2,612. b) That a 2004 annual operating grant of $250. (in-kind) and a one time contribution in 2004 of $2,500. towards installation of a water filtration system, be approved for the Girl Guides of Canada, Kitchener Division. c) That the staff recommendation, outlined in Community Services Department report CSD-03- 173, to approve a 2004 annual operating grant of $4,823. for the Festival of Neighbourhoods and the Festival's request to increase their 2004 annual operating grant to $16,000. be deferred and referred for consideration at the January 13, 2004 Safe and Healthy Community Advisory Committee; and further, COUNCIL MINUTES DECEMBER 15, 2003 - 539 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3 (Cont'd) That any recommendation of the Safe and Healthy Community Advisory Committee respecting this grant request be forwarded directly to City Council. d) That the 2004 annual operating grant for the Kitchener-Waterloo Art Gallery be increased to $148,860. ($85,700. cash and $63,160. in-kind) from $147,180. ($84,020. cash and $63,160. in-kind); and further, That the request of the Kitchener-Waterloo Art Gallery asking the City to contribute a total of $300,000. ($100,000. per year over a 3 year period) toward initiatives outlined in the Gallery's Strategic Rejuvenation and Implementation Plan (2003-2005), be deferred and referred to the 2004 Capital Budget deliberations. e) That the 2004 annual operating grant for the Kitchener-Waterloo Multicultural Festival be increased to $32,000. ($27,000. in-kind and $5,000. cash) from $28,000. ($27,000. in-kind and $1,000. cash). f) That a 2004 annual operating grant of $3,000. be approved for eyeGO to the Arts. g) That the 2004 annual operating grant for the Kitchener Horticultural Society be increased to $147,496. from $134,773. h) That the 2004 annual operating grant for the Chandler Mowat Community Program (House of Friendship) be increased to $29,100. from $23,536. i) That the 2004 annual operating grant for the Kingsdale Community Program (House of Friendship) be increased to $37,000. from $30,620. That the City of Kitchener support the bid to host the 2006 World Junior Hockey Championship in partnership with the City of London; and, That should the event be awarded to London / Kitchener, the City contribute a sponsorship grant in the amount of $50,000.; and further, That the City act as a certified guarantor for the event and assume a 15% share of any overall event loss and receive 25% of any profit (capped at $200,000.). That the budget and fee structure, as outlined in Community Services Department report CSD- 03-175, for the operation of the 2004 outdoor soccer season be approved; and further, That the operating budget for the Budd Park indoor soccer facility, as outlined in report CSD-03- 175, be approved. That the Memorandum of Understanding, attached to Community Services Department report CSD-03-182, as amended to delete the fourth "Concern (Liability) and Identified Solution" in its entirety from page (2 / 3) of the Memorandum; and that the solutions provided in report CSD-03-182 concerning dogs in Kiwanis Park; be referred for consideration to the Kiwanis Park Strategic Plan and the Leisure Facility Master Plan. FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of November 17, 2003) That the request of the Macedonian-Canadian Community of Cambridge, Kitchener-Waterloo and Guelph to operate bingos in the City of Kitchener be denied, based on information provided in Corporate Services Department report CRPS-03-215 (J. Koppeser), dated December 8, 2003, advising that the two Kitchener Bingo Associations have no space available nor do they have plans to expand, and the Cambridge bingo hall has advised that this group, who has a physical presence in Cambridge, has been accommodated in their 2004 schedule. DECEMBER 15, 2003 COUNCIL MINUTES - 540 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of December 8, 2003) 1. That an Adhoc Committee be established to review Chapter 530 (Dogs) of the City of Kitchener Municipal Code, save and except for those parts which prohibit Pitbull dogs in the City of Kitchener; and, That the Adhoc Committee be composed of 1 member of Council, 1 representative of the K-W Kennel Club, and 3 citizens-at-large, to be chosen by the Dog Designation Appeal Committee; and, That the Clerk be directed to advertise for 3 citizen-at-large positions, with the advertisement to clearly state that the provisions in the Municipal Code prohibiting Pitbull dogs will not be reviewed; and, That the Adhoc Committee report to the Finance and Corporate Services Committee and City Council in April 2004; and further, That Legal Services staff and Mr. J. LaFlamme, Kitchener-Waterloo and North Waterloo Humane Society provide advice to this Adhoc Committee. That Trudi Bunting and Dan Williams be appointed to the Compass Kitchener Committee for the new term commencing December 2003. That the City Clerk be directed to advertise for 3 members to be appointed to the Kitchener Public Library Board, to fill those positions previously filled, pursuant to the Public Libraries Act, by the Boards of Education; and further, That coincident with the advertisement, the Clerk correspond with the Boards of Education inviting them to encourage persons interested in filling the 3 vacant positions on the Kitchener Public Library Board, to submit their applications to the Clerk. That the $25,000. contingency grant for the Business Enterprise Centre approved by Council on January 20, 2003, be released. That staff continue to pursue the feasibility of entering into an agreement with the Goderich Exeter Railway and Transport Canada, which would facilitate ceasing train whistles at the new level railway crossing on Bingemans Centre Drive at Victoria Street, and report to a future Finance and Corporate Services Committee meeting; and, That staff pursue a similar agreement for the level crossing on Wabanaki Drive near Fairway Road; and further, That staff take a proactive approach with respect to whistle blowing at level crossings on new City streets. That the Mayor and Clerk be authorized to execute an agreement with Lyndale Estates Ltd., to the satisfaction of the City Solicitor, for the purpose of committing to compensating Lyndale for the difference between Lyndale's costs for sanitary sewage facilities in the Grand River South Community and the Development Charge credits to which Lyndale is entitled; and further, That Council commits to including the necessary funds in its annual Capital Budget, commencing in 2005, in the amount of $200,000 per year until the compensation is complete. That, subject to final approval of the 2004 budget, parking rates for Downtown surface lots be increased as follows: a) hourly parking rates be increased from $1.25 to $1.50; and, b) maximum daily rates be increased from $5.00 to $6.00; and further, That parking rates for Downtown surface lots be reviewed on an annual basis. (Deferred and referred to the January 12, 2004 Council meeting consideration) for further DECEMBER 15, 2003 COUNCIL MINUTES - 541 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of December 8, 2003) (Cont'd) That the following actions and events be approved to celebrate the 150th Anniversary of the incorporation of the Village of Berlin: a) use of the 150th celebration mark in conjunction with the City of Kitchener logo on all advertising, promotional materials and 'limited' merchandise for the year 2004; and, b) a celebration banner be flown on the middle pole on Civic Square; and, c) the City host an 'Old Fashioned' skating party for its residents at Victoria Park and at Civic Square on Friday, January 16, 2004, as outlined in Community Services Department report CSD-03-189 (D. Chapman/R. Pitfield), to celebrate the date of the first Council meeting of the Village of Berlin being January 16, 1854; and, That a week-long series of educational displays in City Hall on the historical significance of the date and period be held as part of the celebration; and further, That the designs for the 150th celebration mark and celebration banner be those attached to Chief Administration Officer report CA©-03-006, dated December 1,2003. (As Amended) That pursuant to Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, the appeal ofA. J. Hepburn to the decision of the Manager of Licensing to refuse him a licence to operate a refreshment vehicle at 1400 Ottawa Street South, be approved effective December 9, 2003; and further, That the Manager of Licensing be directed to issue a licence to A. J. Hepburn for the remainder of 2003, and for 2004, to operate a refreshment vehicle outside the Canadian Tire Store at 1400 Ottawa Street South, subject to obtaining all necessary approvals and paying the required fees. 10. That the request of Doon Heritage Crossroads for a reduced licence fee of $10.00 for a temporary retail market licence for the 'Seedy Saturday' event to take place on February 14, 2004, be approved. 11. That the City of Kitchener, through its Corporate Communications and Marketing Division, continue to provide visitor information through KVV Tourism/Your Kitchener Store; and, That the 2004 Tourism Budget be approved in principle, subject to final approval of the 2004 budget; and, That staff enter into discussions with the City of Waterloo to investigate opportunities to contract for provision of Waterloo's visitor information; and, That staff report to the Finance and Corporate Services Committee in early spring 2004 with a complete business plan for a sport tourism program, and recommendations for the development of a sporting event bid process and bid secretariat; and further, That following the completion of a comprehensive list of City of Kitchener artifacts and a decision from Council as to which artifacts are to be declared surplus and may be sold, staff develop opportunities for their sale in the Your Kitchener Store. (As Amended) 12. That the City of Kitchener enter into, and the Mayor and Clerk be authorized to execute, a 2 year lease agreement with 536357 Ontario Ltd., in a form satisfactory to the City Solicitor, for the leasing of 4,000 square feet at 191 King Street West, at a cost of $30,000. in 2004 and $40,000. in 2005, to accommodate K-W Tourism/Your Kitchener Store, provided the cost of the lease does not exceed the budgeted amount, except for the change in square footage. DECEMBER 15, 2003 COUNCIL MINUTES - 542 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of December 8, 2003) (Cont'd) 13. That the proposed 2004 Fees and Charges, as contained in the 2004 Comprehensive Fee Review attached to Financial Services Department Report FIN-03-047, as amended this date to add a new fee of $100. for 'Request for Environmental Record' (Development and Technical Services Department report DTS-03-208), and including the 2004 Fees and Charges for Aquatics and Athletics as revised December 4, 2003, be approved; and That staff forward the Cemetery Tariff of Fees and Charges to the Ministry of Consumer and Commercial Relations for filing, in order that the proposed fees become effective January 1, 2004; and further, That Legal Services prepare the necessary by-laws to amend City of Kitchener Municipal Code Chapters for fees pertaining to licensing, building, planning applications and Committee of Adjustment applications. (As Amended) 14. That staff submit a report outlining funding options for the City's Capital Expenditure requirements for the January 5, 2004 special Finance and Corporate Services Committee meeting. (As Amended) DECEMBER 15, 2003 COUNCIL MINUTES - 543 - COMMITTEE OF THE WHOLE CITY OF KITCHENER BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS - 1. Doq Desiqnation Appeal Decision - Bill Soroka It was resolved: "That the November 19, 2003 decision of the Dog Designation Appeal Committee regarding an appeal filed by Bill Soroka, wherein the Committee rescinds the Dangerous Dog designation, and substitutes the designation of Potentially Dangerous Dog, with conditions, be ratified and confirmed." 2. Various Tenders Dealt with under Delegations. 3. Committee of Adiustment Decision - Deferred Matter Dealt with under Delegations. 4. Committee of Adiustment Decisions - Various Council was in receipt of minutes and other background information from D. Gilchrist, Acting Secretary-Treasurer, Committee of Adjustment, regarding meetings held November 18, and December 9, 2003. Item B.4iii) respecting Committee of Adjustment Fence application, Submission No. FN 2003-004 (234 Hollyridge Crescent), was dealt with under Delegations. It was resolved: "That the application of Candevco Property (Seven) Ltd. (Submission No. SG 2003-103 - 370 Highland Road West) requesting legalization of 2 awning signs on the Food Basics Store having a height of 3.81 m (12.5 ft.) rather than the permitted 1 m (3.28 ft.), on Part Lots 86, 88, 92 & 96, Registered Plan 786, 370 Highland Road West, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the owner shall obtain a sign permit from the City of Kitchener." - and - "That the application of Better Canada Homes Non-Profit Corporation (Submission No. FN 2003-003 - 595 Greenfield Avenue)requesting permission to erect a 1.82 m (6 ft.) high chain link fence on the lot line along Kingsway Drive, and a 1.82 m (6 ft.) high chain link fence on the lot line along Greenfield Avenue, for a distance of 38.1 m (125 ft.) from the intersection, rather than the permitted 0.91 m (3 ft.) high fence, and a 4.57 m (15 ft.) corner visibility triangle at the corner of Greenfield Avenue and Kingsway Drive rather than the required 7.5 m (24.69 ft.) on Part Lot 2, Plan 961, being Part 3, Reference Plan 58R-5592, 595 Greenfield Avenue, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the fence as approved in this application shall be constructed of chain link. DECEMBER 15, 2003 COUNCIL MINUTES - 544 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 4. CITY OF KITCHENER Committee of Adiustment Decisions - Various (Cont'd) That the owner shall provide a 4.57 m (15 ft.) visibility triangle at the corner of Greenfield Avenue and Kingsway Drive." - and - "That the application of Suzanne Woelker and Paul Rawski (FN 2003-005 - 93 Robertson Crescent) requesting legalization of an existing 2.13 m (7 ft.) high fence located 0.46 m (1.5 ft.) from the easterly lot line along Robertson Crescent rather than the permitted 0.91 m (3 ft.) high fence, on Lot 46, Plan 1641, 93 Roberston Crescent, Kitchener, Ontario, BE APPROVED subject to the following condition: That the variance as approved in this application shall apply to the existing fence only as shown on the plan submitted with this application." - and - "That the application of Jamesway Construction Co. (SG 2003-014 - 685 Fischer- Hallman Road) requesting permission to erect a pylon sign having a 1.49 m2 (16.04 sq. ft.) area containing automatic changing copy, with a sign to be located approximately 25 m (82.02 ft.) from a Residential Zone rather than the required 150 m (492.13 ft.), on Part Lot 47, German Company Tract, 685 Fischer-Hallman Road, Kitchener, Ontario, BE APPROVED subject to the following condition: That the automatic changing copy portion of the subject pylon sign shall not exceed an area of 1.49 m2 (16.04 sq. ft.)." - and - "That the application of Suncor Energy Products Inc. (SG 2003-015 - 3011 King Street East) requesting permission to erect 2 fascia signs on the kiosk building having a clearance between the bottom of the sign and grade of 1.27 m (4.17 ff.) rather than the required 2.44 m (8 ft.), on Part Lot 10, Plan 959, and Part Lot 30, Plan 986, 3011 King Street East, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the applicant shall obtain a sign permit prior to erecting these signs." - and - "That the application of Frederick Mall Corporation (SG 2003-016 - 385 Frederick Street) requesting legalization of a pylon sign having a clearance of 1.27 m (41.7 ft.) between the bottom of the sign and grade rather than the required 2.44 m (8 ft.), on Part Lot X, Plan 414, and Part Lot 9, Subdivision of Lot 3, German Company Tract, 385 Frederick Street, Kitchener, Ontario, BE APPROVED." Applications for Cancellation, Refund, Reduction or Levy of Taxes Council was in receipt of Financial Services Department report FIN-03048 (P. Houston), dated December 15, 2003. 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." DECEMBER 15, 2003 COUNCIL MINUTES - 545 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 6. CITY OF KITCHENER Surplus Lands - Heffner Court and 3131 Kinq Street East Council was in receipt of Corporate Services Department report CRPS-03-218 (L. MacDonald), dated December 15, 2003, requesting declaration of various City-owned lands as surplus. It was resolved: "That the following lands be declared surplus to the City's needs: 1) Part of Lots 27 and 32, Municipal Compiled Plan No. 986 being Parts 1 and 2 on Reference Plan 58R-14221 (formerly known as Heffner Court, Registered Plan 1762 Closed by Judge's Order); 2) Part of Lot 33, Municipal Compiled Plan No. 986 being Parts 11 and 12 on Reference Plan 58R-14221 (formerly known as Block 2, Registered Plan 1762 Closed by Judge's Order); 3) An easement registered against Part of Lot 27, Municipal Compiled Plan No. 986 being Parts 15 and 16 on Reference Plan 58R-14221; and 4) An easement registered against Part of Lots 27 and 32, Municipal Compiled Plan No. 986 being Parts 5, 6 and 7 on Reference Plan 58R-14221; and further, That the Mayor and Clerk be authorized to execute all documents necessary to complete the reconveyance of the lands declared surplus to Heffner Investments Limited, to the satisfaction of the City Solicitor." Surplus Lands - Behind 150 Hiqhland Road West Council was in receipt of Corporate Services Department report CRPS-03-214 (L. Proulx), dated December 15, 2003, recommending the declaration of City-owned lands. It was resolved: "That part of Part 2 on Reference Plan 58R-12973 consisting of an area of 809.43 sq.m. (8712.6 sq. ft.) having dimensions of 38.84 m. (127.44 ft.) by 20.84 m. (68.37 ft.) shall be declared surplus to the City's needs; and, That the land be conveyed to the registered owner of lands immediately behind 150 Highland Road West for a price of $12,600, plus costs of the reference plan and other incidental costs associated with this transaction; and further, That the Mayor and Clerk be authorized to execute the necessary documentation to complete these conveyances." Staff Analysis of the Kitchener Public Library Initiatives Regarding Relocation Possibilities Council was in receipt this date of Community Services Department report CSD-03-188 (J. Fielding), dated December 10, 2003, recommending investigation of a new Kitchener Public Library Main Branch as a Downtown development initiative. It was resolved: "That Council endorse the investigation into the opportunities and challenges of a new Kitchener Public Library Main Branch as a downtown development initiative." DECEMBER 15, 2003 COUNCIL MINUTES - 546 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 9. Licence - Adult Entertainment Parlour Attendant The following resolution arose from in-camera discussion this date. It was resolved: "That Lisa Samms, employed at 2271 Kingsway Drive, Kitchener (Phoenix), be granted a 2003 Adult Entertainment Parlour Attendant Licence." 10. Aqreement - Sportsworld Twin Ice Pad Facility (Terastar) Council was in receipt this date of revised Community Services Department report CSD- 03-187 (K. Baulk), dated December 10, 2003, concerning negotiations for use of a new twin ice pad facility at Sportsworld. Mr. F. Pizzuto advised that the City has been approached by the owner of the Sportsworld site, Terastar, regarding the development of a new arena on the subject site. The capital cost of this facility is to be funded by Terastar on condition that the City commit to using up to 2,000 hours of ice time on an annual basis. Mr. Pizzuto commented that the opportunity would meet current demand for community ice time without having to invest capital dollars and staff are confident that they can meet the condition respecting use of ice time. He further noted that a complete review of existing arenas and future arena development will be completed through the Leisure Facility Master Plan process. Councillor J. Gazzola requested clarification with respect to the intent of the staff recommendation. Mayor C. Zehr advised that staff will continue negotiations at this time and a draft Letter of Understanding will be prepared for consideration at the January 12, 2004 Council meeting. Councillor M. Galloway requested that staff undertake a detailed assessment of projected growth and needs of minor hockey as it relates to this project. Mayor Zehr commented that this project presents an opportunity to address a need, identified by Council as a priority, in a cost effective manner. It was resolved: "That staff be directed to continue negotiations with Terastar to utilize the new Sportsworld twin ice pad facility, as outlined in Community Services Department report CSD-03-157; and, That a draft Letter of Understanding be brought forward for consideration at the January 12, 2004 Council meeting; and further, That an all-inclusive review of existing arenas and future arena development be completed through the Leisure Facility Master Plan process." 11. Settlement Offer - Dave Hurst Plumbinq The following resolution arose from in-camera discussion this date. It was resolved: "That the settlement offer of Dave Hurst Plumbing for damages sustained at Rockway Golf Course on October 23, 2001, be accepted; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to sign any documentation required to finalize the settlement."