Loading...
HomeMy WebLinkAboutCouncil Minutes - 2003-10-20COUNCIL MINUTES OCTOBER 20, 2003 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Taylor Jasztrab, King School of Vocal. On motion by Councillor C. Weylie, the minutes of the regular meeting held September 29, 2003, and special meetings held September 29 and October 6, 2003, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE- (a) Letter dated October 6, 2003 from T. Arnott, MPP, Waterloo-Wellington, advising of correspondence sent to Premier-Designate Dalton McGuinty, requesting a review of the Waterloo-Wellington Transportation Action Plan. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. In response to questions, Mr. Gordon clarified that the purchase of stationery supplies was within a broad co-operative group and that the Kitchener Public Library Board would have the opportunity to participate. In respect to the contract for bulk bin, park collection and cardboard bin pickup, he advised that these services were part of the contract that the Region assumed but that the service was now being formalized by way of contract. In regard to the security access control and alarm monitoring system, Mr. Gordon advised that it was cost effective to have the same system for the Auditorium as exists in City Hall and that any savings that might have been possible with separate systems would be lost when the costs to monitor and service such systems were taken into account. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That the City of Kitchener participate in the Co-Operative Purchasing Group of Waterloo Region (CPGWR) Contract for Stationery Supplies with Basics Office Products of Waterloo for a period of eight months ending on May 31st 2004, at an estimated cost of $73,204.69." - and - "That the requirement for tendering be waived and the contract for Bulk Bin, Park Collection and Cardboard Bin Pick-up be awarded to Canadian Waste Services Inc., Waterloo, at their contract price of $165,658.48 per year, plus G.S.T., for a six (6) year period commencing on March 1% 2003; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That the requirement for a quotation process be waived and the Director of Purchasing be directed to negotiate with Access Control Specialists Inc., Mississauga for the supply and installation of an Axiom III Security Access Control and Alarm Monitoring System for the Kitchener Memorial Auditorium Complex, at an estimated cost of $51,006., including G.S.T." Carried. Ms. Lorraine Green, Kitchener Division Girl Guides, attended along with representatives of Pathfinders, Guides, Brownies and Sparks, to officially launch the Division's Fall Cookie Campaign and to present members of Council with complimentary boxes of mint Girl Guide cookies produced locally by Dare Foods Limited. Mr. & Mrs. Reg Jones attended in opposition to the recommendation listed as Item B 4iii) on the Committee of the Whole agenda with respect to a sign application of Dalimat Investments Limited / Frum Developments concerning the property known as 700 Strasburg Road and to raise concerns regarding the negative impact of lighting from the development on their home. The delegation stated that they objected to approving the additional height variance of two pylon signs and referenced a petition that was submitted to the Committee of Adjustment on September 30, 2003 in this regard. It COUNCIL MINUTES OCTOBER 20, 2003 - 393 - CITY OF KITCHENER was also stated that other illuminated signs on the property and store lights were invasive to the enjoyment surrounding residential properties. Pictures were circulated illustrating the glare of plaza lights and signage lighting and the opinion was expressed that the drug store sign was far too large. The delegation also remarked that they objected to the manner in which they were treated at the Committee of Adjustment meeting and questioned why the plaza owner received favoured treatment to the point that neighbouring homes were devalued by changes at the plaza. In response to Mayor C. Zehr, Mr. J. Willmer, Director of Planning, explained the site plan approval process and that the authority in this regard was delegated to staff by City Council except in two instances which he referred to. Aisc in response to complaints of the delegation that they were not informed, Mr. Willmer advised of the situations under the Planning Act where notice was required noting that the site plan approval process is not among these. Mr. Bob McColl attended with respect to the objection raised by Mr. & Mrs. R. Jones. He asked that staff review the City's public participation policy which was approved a few years ago suggesting that there should have been neighbourhood involvement in respect to the site plan approval process. He did state that he was opposed to approval of requests for over-sized signage adjacent to residential neighbourhoods and that the regulations of the by-law should be upheld without variances being permitted. Councillor J. Gazzola noted that the developer has been co-operative in turning plaza lighting levels down and off and questioned if there was some way the neighbourhood could have been informed and involved in changes that have taken place. He also spoke on the impact of plaza customers who park their cars with headlights facing into neighbouring residential properties and requested that Planning staff look at protecting neighbours across the street from this lighting intrusion. Mr. J. Willmer advised that the elevation of the property above neighbouring properties was exacerbating the problem of vehicle headlight glare. He did note that such commercial development normally had a 3m setback but in the case of this plaza, the setback varied from 6m to 18m in distance. He also advised a landscape buffer strip was required but it would take some time for the plantings to mature to provide more effective screening. In reference to Mr. McColl's comments regarding the public participation policy, he advised that the policy Mr. McColl was referring to was specific to the Gateway / Pioneer Tower area. Councillor J. Gazzola commented that he would prefer to have Planning staff investigate the problems caused by vehicle headlights shining into residential properties and Councillor C. Weylie suggested the Committee of Adjustment recommendation be deferred until staff can investigate and comment. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "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 November 24, 2003 Council meeting for consideration in conjunction with a report prepared by staff addressing their investigation of the problem of vehicular headlight glare into neighbouring residential properties and any recommendation in that regard: '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. COUNCIL MINUTES OCTOBER 20, 2003 - 394 - CITY OF KITCHENER Councillor B. Vrbanovic requested that Mr. J. Willmer provide Council with a copy of the Public Participation Policy in respect to the site plan approval process. Mr. Zyg Janecki, Planning and Engineering Initiatives, attended on behalf of Michele des Rosiers, DGF Investments, who was also present, in respect to Clause 5 of the Development and Technical Services Committee report dealing with applications for Municipal Plan Amendment and Zone Change submitted by DGF Investments Limited pertaining to a parcel of land at the southeast corner of Homer Watson Boulevard and Block Line Road. He indicated that he was aware of Development and Technical Services Committee report DTS-03-180 dated October 17, 2003 in which staff recommend that the Committee's October 6, 2003 recommendation to approve the applications be deferred and referred to the November 17, 2003 Development and Technical Services Committee meeting. Mr. Janecki commented that his client was disappointed with what had transpired since the October 6 Development and Technical Services Committee meeting in respect to traffic and engineering related issues but would reluctantly try to work out concerns that have been expressed prior to the next Committee meeting. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That Clause 5 of the Development and Technical Services Committee report be deferred and referred to the November 17, 2003 Development and Technical Services Committee meeting for further consideration." Carried. Messrs. Tom Graham, Gary Draves, Pat Doherty and Ms. Sherry Kean attended on behalf of the Kitchener Minor Hockey Association to request the City consider building a new arena and presented a petition which the delegation advised had over 2,000 signatures in support. Mr. Graham commented that there were over 200 boys and girls on a waiting list to play on a hockey team and that in the interim, the Association has been working with City staff to find a means to free up more ice time to meet demand. It was pointed out that the Association needs a commitment from the City in order to pursue the assistance of private sponsors to participate in development of a new arena facility. Members of Council expressed support for the Association's objective and agreed that priorities of scheduling, private sector support, capital budget for a new facility and renovation of existing facilities needed to be explored as quickly as possible. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That as an interim measure, the City of Kitchener initiate an 'Every Kid Plays' policy meaning that staff be instructed to review facility schedules beginning in 2004 and adjust them to ensure that every child who wants to play hockey, can; and, That staff be directed to conduct a review of our arena facilities and report back as to the viability of refurbishing any existing facilities along with an action plan to do so; and further, That staff complete a review of needs for ice time with a view to insert a new ice facility in the Capital Budget in the short to mid-term" Carried. Mr. Steve Kay attended as solicitor for Mr. Glen Lyon who was also present, with respect to an application submitted by Mr. Lyon for exemption from Chapter 408 of the City of Kitchener Municipal Code so that he would be allowed to keep pigeons within the City. He submitted a letter dated October 15, 2003 from the Apollo Racing Pigeon Association which is a registered club with the Canadian Racing Pigeon Union Inc. advising that Mr. Lyon has been a member of the Club for the past three years and as such was required to band pigeons. Accordingly, it was Mr. Kay's view that his client had met the conditions for approval of his exemption request. Mr. Kay also submitted two letters of support from previous neighbours of Mr. Lyon attesting to Mr. Lyon's keeping of pigeons not having been a problem in their neighbourhood. He also commented that since 1987, Council has approved seven locations within the City that allow for the keeping of pigeons and that the material from the Internet circulated by residents of the Southwood Drive neighbourhood to Council this date addresses problems caused by wild pigeons and not racing pigeons. In summary, he advised that COUNCIL MINUTES OCTOBER 20, 2003 - 395 - CITY OF KITCHENER Mr. Lyon wishes the opportunity to demonstrate to neighbours his intentions to properly conduct his hobby and suggested that Council was compelled to approve his application given that required criteria has been met. Council was in receipt of Corporate Services Department report CRPS-03-187 dated October 15, 2003, providing background in respect to Mr. Lyon's application. Council was also circulated with a number of documents submitted by delegations in opposition to Mr. Lyon's request that reference health concerns and hazards that pigeons represent. Ms. Donna Arnold attended in opposition to Mr. Lyon's application and advised that her home was several houses from Mr. Lyon's property and that she had serious health concerns with respect to the pigeon waste as well as its destructive impact on vehicles and roofs. Ms. Jennifer Wind attended in opposition to Mr. Lyon's application and commented on her findings on the Internet respecting pigeon feces and the diseases carried by birds. She commented that allowing the pigeons to be kept in the neighbourhood would put people, and especially children, at risk and questioned why a preventable risk would be allowed into the neighbourhood. Ms. Reto Leuenberger also attended in opposition to the pigeon exemption application and commented on various diseases that could be transmitted particularly to children playing in the neighbourhood. Mr. Dan Magda also attended in opposition to the pigeon exemption application and expressed concern for the risk that the pigeons presented to young children. In addition, he suggested that the presence of pigeons would attract additional natural predators to the neighbourhood that would otherwise not be present. Further, he noted that the pigeons would negatively impact his property as his swimming pool is only 18 ft. from Mr. Lyon's property. He also remarked on the possibility of pigeons striking hydro lines along Bleams Road and the necessity to cut down three large trees on Mr. Lyon's property to accommodate the keeping of pigeons. Mr. Magda suggested the municipality would incur various costs to ensure enforcement and compliance of the operation and in closing, questioned how pigeon waste could be disposed of. In response to questions of Council, Mr. S. Turner, Director of Enforcement, advised that Mr. Lyon's previous location on Howe Drive did not have approval of the City but that Mr. Lyon had approached the City to legalize the operation at that address but subsequently decided to move to Southwood Drive approximately four months ago. Councillor J. Gazzola indicated that he was prepared to introduce a motion to deny the exemption application of Mr. Lyon and request that a recommendation be made to the 2004 Council to review and update the by-law relating to the keeping of pigeons. He acknowledged that Mr. Lyon was very interested in his pigeon racing hobby and agreed it was a legitimate sport but was of the view that it was not a sport that should be allowed within the City. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That the application of Mr. Glen Lyon with respect to an exemption to Article 3.7 of Chapter 408 (Animals) of the Kitchener Municipal Code pertaining to the keeping of pigeons, be denied." Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That Legal staff be directed to prepare a report reviewing Chapter 408 (Animals) of the Kitchener Municipal Code and recommend process to remove the exemption article relating to the keeping of pigeons; and further, That the staff report also address the issue of grandfathering previously approved exemption applications." Carried. COUNCIL MINUTES OCTOBER 20, 2003 - 396 - CITY OF KITCHENER Councillor M. Galloway left the meeting. Mayor C. Zehr advised that a number of individuals were present with respect to Clause 4 of the Development and Technical Services Committee report dealing with applications for Zone Change and Subdivision submitted by JHS Properties Limited pertaining to 381 Pioneer Tower Road. He pointed out it has been suggested consideration be deferred as further discussions were taking place between parties respecting these matters. Moved by Councillor J. Gazzola Seconded by Councillor B. Vrbanovic "That Clause 4 of the Development and Technical Services Committee report be deferred and referred to the November 17, 2003 Development and Technical Services Committee meeting for further consideration." Carried. Mr. Bryan Isaac, Chair, Kitchener Public Library Board (KPL), and also Chair of the Kitchener Public Library and Waterloo Public Library Joint Task Force on Library Services, attended along with a delegation of Task Force members, to present an Interim Report concerning the work of the Task Force dated October, 2003, which was circulated to Council. He also indicated that he wished to make a presentation in respect to KPL membership on the City of Kitchener's Centre Block Steering Committee. Mr. Isaac then made a detailed presentation of the background and progress on issues of shared purchasing opportunities, shared professional journal subscriptions, shared training opportunities, policy alignment, outstanding issues, a joint central library, other initiatives and timelines dealt with by the Task Force. In terms of the timeline issue, he requested that the February 2004 date for presentation of a Final Report to the Councils of Kitchener and Waterloo be changed to March 2004. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the Interim Report to the Councils of Kitchener and Waterloo concerning the work of the KPL and WPL Joint Task Force on Library Services dated October 2003, be received, and the date for presentation of a Final Report to the Councils be revised to March 2004." Carried. Mr. Isaac then made a presentation respecting KPL membership on the City of Kitchener's Centre Block Steering Committee and commented that Board membership was no longer prudent with the Steering Committee now looking at various options for a new Headquarters location. Accordingly, he advised that a motion had been passed at the last KPL Board meeting wherein it was resolved that KPL resign its membership on the Centre Block Steering Committee. He noted that there are possible sites of interest for a new facility and that the Library Board would evaluate such sites. Further, he advised that KPL requests additional funding in the amount of $25,000. from the City to complete studies relating to a new facility. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That Council accept the resignation of the Kitchener Public Library Board from membership on the City's Centre Block Steering Committee." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Gazzola "That the request of the Kitchener Public Library Board for $25,000. be approved as an additional expenditure in 2003 funded from the Capital Contingency Fund to be utilized by the Library Board for purposes of studies related to a new Library facility." Carried. OCTOBER 20, 2003 COUNCIL MINUTES - 397 - CITY OF KITCHENER Mayor C. Zehr asked that Clause 1 of the report of Heritage Kitchener be dealt with since residents who have an interest in this matter were present at the meeting. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Clause 1 of the report of Heritage Kitchener be adopted." Carried. Mr. G. Borovilos, Director of Economic Development, attended to present the 'Kitchener EDGE', a new comprehensive Financial Incentive Program involving the Downtown, Brownfield Remediation, Heritage Resources and Mulit-residential Development. He noted that the Program was the City's own Smart Growth strategy to stimulate private investment and would be officially launched on Thursday, October 23, 2003 at a Brownfield Remediation Conference being hosted in Kitchener. Ms. B. Steiner, Environmental Planner, attended in support of Development and Technical Services Department report DTS-03-181 dated October 17, 2003 prepared in support of a recommendation approved by the City's Environmental Committee respecting the Regional Pesticide Use Reduction Working Group's Draft 'Pesticide Reduction Public Education Budget for the years 2003-2005'. She advised that she as well as Councillor B. Vrbanovic were members of the Regional Working Group and summarized the strategy behind the funding request outlined in the Committee's resolution. Further, she noted that it was intended Regional staff would make a detailed presentation to Kitchener Council early in 2004 regarding the results of focus groups and a Region-wide survey on pesticide use, as well as present refined public education programs and budgets proposed for 2004 and 2005. A discussion took place during which Councillor G. Lorentz expressed the view that the Region should be entirely responsible for funding the undertaking since the matter was a Region-wide issue. Mayor C. Zehr pointed out that local municipalities had previously requested that the Region not undertake this initiative alone and expressly requested to be part of the process. Councillor B. Vrbanovic explained the point of this education undertaking which was to reduce / minimize pesticide use and promote use of alternatives which could lead to the municipality never having to pursue an outright ban on pesticide use. Ms. B. Steiner commented that at this time it was intended to explore the use of non-essential pesticides and there was no attempt to ban pesticides. She advised that it is proposed to follow a precautionary principle in respect to this issue. Councillor B. Vrbanovic commented that the joint Municipal / Regional working group was formed as a result of direction from Kitchener Council and pointed out that the City must have influence at the Region on this issue. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the report of the Environmental Committee be adopted." Carried. Mr. Marty Schreiter, Executive Director of the Kitchener Downtown Business Association, attended in support of his letter dated October 15, 2003 circulated to Council advising that business and property owners on Market Lane have unanimously agreed to a single concept for summer outdoor Saturday Markets. It was pointed out that numerous meetings had been held during the last year that resulted in this consensus being reached. Ms. Kim Kugler, Manager, Kitchener Memorial Auditorium Complex, attended in support of Community Services Department report CSD-03-159 dated October 17, 2003, dealing with contracting out arena concessions. Background was provided in the report with respect to termination of the concession operation at local arenas that took place in mid-2002 and with respect to the interest of a company to operate the concessions. It was noted that consideration of this matter was referred to this meeting from the special Council meeting held earlier this date. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the City of Kitchener contract out for a term not to exceed one year, the provision of food and beverage service for the five Community Arena concessions to Scooters Snack Service; and further, COUNCIL MINUTES OCTOBER 20, 2003 - 398 - CITY OF KITCHENER That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." Carried. Mayor C. Zehr indicated that several delegations were in attendance with respect to Item B.5 of the Committee of the Whole agenda of this date dealing with applications for cancellation, refund, reduction or levy of taxes. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "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." Carried. A delegation was in attendance with respect to Item B.4i) listed on the Committee of the Whole agenda dealing with a sign application submitted by Kitchener / Victoria Holdings pertaining to 871 Victoria Street North. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the application of KitchenerNictoria Holdings (Submission No. SG 2003-010 - 871 Victoria Street North) requesting permission for a pylon sign with a sign face located 1.52 m (5 ft.) above grade rather than the required 2.44 m (8 ft.), and to have the sign face and skirting within the minimum clearance of 2.44 m (8 ft.), on Lots 3 - 6, Registered Plan 929, 871 Victoria Street North, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the pylon sign approved in this application shall be located in the landscaped area as shown on the revised site plan dated September 11, 2003, submitted by 1 Hour Signs." Carried. Mr. F. Pizzuto made a brief public statement with respect to details of the 2003 Leaf Collection Program which provides a consistent approach across the municipality respecting a variety of leaf disposal methods available to property owners. He commented on the safety hazard that leaves present to motorists and pedestrians on roadways, sewer grates being clogged by leaves on roadways and asked that residents not rake leaves to the road but rather dispose of them by bagging, mulching or drop-off at designated locations. Councillor B. Vrbanovic requested that staff prepare a report in February 2004 reviewing the experiences with respect to the 2003 Leaf Collection Program and it was agreed that this matter be added to the Unfinished Business List of the Community Services Committee. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development and Technical Services Committee be adopted." In reference to Clause 7 of the report dealing with the issue of tar and chip pavement surfacing in the Pioneer Tower West Community, Mr. J. Willmer reported on the outcome of a public meeting held prior to the start of the Council meeting this date and requested Committee consideration of a recommendation to remove the requirement for tar and chip surfacing of reconstructed roads in the Pioneer Tower West Community. In that regard, it would be necessary for the City to modify the surfacing requirements in two Plans of Subdivision and to request the Ontario Municipal Board to amend its 'Orders' to delete the requirement to finish portions of Grand Hill Drive and Pioneer Tower Road with tar and chip surfacing within four Plans of Subdivision approved by the Ontario Municipal Board. As well, he recommended no change be made to the requirement for tar and chip surfacing of Lookout Lane and advised that residents prefer that the tar and chip road surface recently installed on Pioneer Tower Road be milled off immediately and restored to a paved condition. On motion by Councillor J. Gazzola, seconded by Councillor J. Smola, it was agreed to amend Clause 7 of the COUNCIL MINUTES OCTOBER 20, 2003 - 399 - CITY OF KITCHENER report to include the recommendations advanced by Mr. Willmer and to immediately mill off the tar and chip road surface on Pioneer Tower Road that was recently installed, in preparation for restoration of the road to a paved surface in 2003 weather permitting; alternatively such paving taking place in the Spring of 2004. Councillor B. Vrbanovic referred to Clause 6 of the report dealing with housekeeping amendments to the Municipal Plan and advised that concern has been expressed by some residents about how the change would impact the ongoing residential buffer nature of certain properties on Morgan Avenue as it was his understanding the City apparently committed to this some years ago. On motion by Councillor B. Vrbanovic, seconded by Councillor J. Smola, it was agreed that Section iv) of Clause 6A be deferred and referred to the November 24, 2003 Council meeting for further consideration. The Development and Technical Services Committee report was then voted on Clause by Clause. Clauses 4 & 5 - Dealt with under Delegations and deferred and referred to the November 17, 2003 Development and Technical Services Committee meeting for further consideration. Clause 6 - Carried, as Amended, to defer and refer Section iv) of Clause 6A to the November 24, 2003 Council meeting for further consideration. Clause 7 - Carried, as Amended. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Service Committee (Council meeting of September 29, 2003) be adopted." Councillor J. Gazzola stated that all the Committee recommendations excepting the acquisition of additional servers should be referred to the City's 2004 Capital Budget Review process for consideration and that he was only asking for a short delay in this matter given that a picture of the City's 2004 capital requirements would emerge by December 2003. At the request of Councillor J. Gazzola, the report arising from the September 29, 2003 Council meeting was put to a recorded vote. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, C. Weylie, G. Lorentz and J. Smola. Contra: Councillor J. Gazzola Absent: Councillor M. Galloway Motion Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the report of the Finance and Corporate Service Committee (meeting of October 6, 2003) be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." OCTOBER 20, 2003 COUNCIL MINUTES - 400 - CITY OF KITCHENER Voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried. Balance of report - Carried. Councillor C. Weylie questioned if the heavy manufacturing zoning had been removed from 90 Woodside Drive and requested that staff report to the Development and Technical Services Committee in this regard. Ms. L. MacDonald confirmed that ownership of the property has not changed and that staff were in the process of verifying the corporate status of the company that owns the property. At the request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, Council agreed to add three by-laws to the agenda for three readings this date. The first by-law deals with amendment to the Zoning By-law respecting an application of Wayne Cook pertaining to property on Frederick Street approved by resolution at a previous Council meeting. The second by-law deals with Clause 6 of the Development and Technical Services Committee report which approved City initiated housekeeping amendments to the Municipal Plan as amended this date providing for deferral and referral of 55 and 63 Morgan Avenue and the third by-law deals with an amendment to By-law 2001- 196 regarding extension of Part Lot Control. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) 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. (b) Being a by-law to provide for the establishing and laying out of part of Bridlewreath Street as a public highway in the City of Kitchener. (c) Being a by-law to provide for the establishing and laying out of part of Apple Ridge Drive as a public highway in the City of Kitchener. (d) Being a by-law to provide for the establishing and laying out of part of Tagge Street as a public highway in the City of Kitchener. (e) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (f) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (g) 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. (h) Being a by-law to provide for the establishing and laying out of part of Mountain Laurel Crescent as a public highway in the City of Kitchener. (i) Being a by-law to provide for the establishing and laying out of part of David Bergey Drive as a public highway in the City of Kitchener. (J) Being a by-law to provide for the establishing and laying out of part of Peach Blossom Court as a public highway in the City of Kitchener. (k) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 5 inclusive and Block 7, Registered Plan 58M-291; Blocks 1 to 5 inclusive, Registered Plan 58M-292; and Blocks 1 to 7 inclusive, Registered Plan 58M-293 - Rush Meadow Crescent, Rush Meadow Street, Anson Court. OCTOBER 20, 2003 COUNCIL MINUTES - 401 - CITY OF KITCHENER (i) (m) (n) (o) (P) Being a by-law to exempt certain lots from Part Lot Control - Lot 103, Registered Plan 1773 - Schueller Street. To confirm all actions and proceedings of the Council. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Wayne Cook - Frederick Street. Being a by-law to adopt Amendment No. 50 to the Municipal Plan - Housekeeping Amendments. Being a by-law to amend By-law 2001-196, exempts from Part Lot Control Lots 12, 13 and 14, Blocks 1 to 11 inclusive and part of Block 15, Registered Plan 58M-209. 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 B. Vrbanovic "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." Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) Carried. 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. 2003-184) Being a by-law to provide for the establishing and laying out of part of Bridlewreath Street as a public highway in the City of Kitchener. (By-law No. 2003-185) Being a by-law to provide for the establishing and laying out of part of Apple Ridge Drive as a public highway in the City of Kitchener. (By-law No. 2003-186) Being a by-law to provide for the establishing and laying out of part of Tagge Street as a public highway in the City of Kitchener. (By-law No. 2003-187) 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. 2003-188) OCTOBER 20, 2003 COUNCIL MINUTES - 402 - CITY OF KITCHENER (f) (g) (h) (i) (J) (k) 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. 2003-189) 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. 2003-190) Being a by-law to provide for the establishing and laying out of part of Mountain Laurel Crescent as a public highway in the City of Kitchener. (By-law No. 2003-191 ) Being a by-law to provide for the establishing and laying out of part of David Bergey Drive as a public highway in the City of Kitchener. (By-law No. 2003-192) Being a by-law to provide for the establishing and laying out of part of Peach Blossom Court as a public highway in the City of Kitchener. (By-law No. 2003-193) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 5 inclusive and Block 7, Registered Plan 58M-291; Blocks 1 to 5 inclusive, Registered Plan 58M-292; and Blocks 1 to 7 inclusive, Registered Plan 58M-293 - Rush Meadow Crescent, Rush Meadow Street, Anson Court. (By-law No. 2003-194) Being a by-law to exempt certain lots from Part Lot Control - Lot 103, Registered Plan 1773 - Schueller Street. (By-law No. 2003-195) (m) To confirm all actions and proceedings of the Council. (n) (o) (P) (By-law No. 2003-196) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Wayne Cook - Frederick Street. (By-law No. 2003-197) Being a by-law to adopt Amendment No. 50 to the Municipal Plan - Housekeeping Amendments. (By-law No. 2003-198) Being a by-law to amend By-law 2001-196, exempts from Part Lot Control Lots 12, 13 and 14, Blocks 1 to 11 inclusive and part of Block 15, Registered Plan 58M-209. (By-law No. 2003-199) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. OCTOBER 20, 2003 COUNCIL MINUTES - 403 - CITY OF KITCHENER On motion, the meeting adjourned at 10:23 p.m. MAYOR CLERK OCTOBER 20 2003 COUNCIL MINUTES - 404 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That parking be prohibited at anytime on the west side of Highland Crescent from a point 115 metres south of Wycliffe Place to a point 15 metres south thereof; and further, That the Uniform Traffic By-law be amended accordingly. That the Regional Municipality of Waterloo and its Contractor(s) - be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the railway crossings paving and repair work. This work will take place at the intersection of Weber St and Louisa Street and Lancaster Street north of Victoria Street. The request for the exemption is between the hours of 7:00 p.m. to 7:00 a.m. for the period falling between September 29 to October 31,2003 (two days of work). That effective immediately an Adult Crossing Guard facility be established on Activa Avenue at Bridlewreath Street; and that the funds necessary to implement this facility be considered an over-expenditure of the 2003 Operating Budget. That with respect to Zone Change Application ZC 96/30/P/JG (381 Pioneer Tower Road - JHS Properties Limited) and Subdivision Application 30T-96004 considered within Development and Technical Services Department reports DTS-03-122, DTS-03-147 and DTS-03-172, planning staff be directed to prepare a report containing revised recommendations regarding the zoning by-law and subdivision conditions necessary to implement development option # 1 described in Development and Technical Services Department report DTS-03-172 as follows: 'Take the barn site (shown as Area 9 on Map No. 1 of the draft zoning by-law attached to report DTS-03-122) as park dedication, allow the proposed park site (Area 2) to be developed as residential lots on a cul-de-sac and provide playground equipment on part of the Open Space block immediately west of Area 2'. (Dealt with under Delegations and deferred and referred to the November 17, 2003 Development and Technical Services Committee meeting) That Municipal Plan Amendment Application MP 02/08/H/BS (Homer Watson Boulevard / Block Line Road - D.G.F. Investments Ltd.) requesting a change in designation from Low Rise Residential to Medium Rise Residential with Special Policy #37, be approved, in the form shown in the 'Municipal Plan Amendment' attached to report DTS-03-177, without conditions, and accordingly forwarded to the Region of Waterloo; and further, It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - D.G.F. Investments Ltd.) 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, be approved, in the form shown in the "Proposed By-law (A)", dated October 6th, 2003 attached to report DTS- 03-177, 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 (City of Kitchener - Homer Watson Boulevard / Block Line Road - D.G.F. Investments Ltd.) to the City's Municipal Plan. That Zone Change Application ZC 02/06/H/BS (Homer Watson Boulevard / Block Line Road - D.G.F. Investments Ltd) requesting a change from Service Commercial Zone (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 371R, be approved, in the form shown in the "Proposed By-law (B)", dated October 6th, 2003 attached to report DTS-03- 177, without conditions. COUNCIL MINUTES OCTOBER 20, 2003 - 405 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 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. (Dealt with under Delegations and deferred and referred to the November 17, 2003 Development and Technical Services Committee meeting) That excepting Clause 6A iv) which is deferred and referred to the November 24, 2003 Council meeting for further consideration, Council approve 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: Designating the lands within the southeast portion of the Sportsworld Drive interchange with Highway #8 as "Planned Commercial Campus" instead of "Highway Commercial" as shown on the attached Schedule 'A', Land Use Plan; ii) Designating the lands described as Part of Lot 7, Registered Plan 757, as "Primary Node" instead of "Highway Commercial" as shown on the attached Schedule 'B', Land Use Plan; iii) Designating the lands described as Part of Lot 6, Registered Plan 988, municipally known as 605 Vanier Drive as "Open Space" instead of "Highway Commercial" as shown on the attached Schedule 'B', Land Use Plan; iv) Section iv) of Clause 6A deferred and referred to the November 24, 2003 Council meeting for further consideration. B. Amend Map 6 - Fairway Primary Node Subdistricts By: Adding the lands described as Part of Lot 7, Registered Plan 757 within the boundaries of the Fairway Primary Node - Fairway Road Commercial Corridor as shown on the attached Schedule 'C', Fairway Primary Node Subdistricts; ii) Deleting the portion of the Hydro Electric Power Corridor from the boundaries of the Fairway Primary Node as shown on the attached Schedule 'C', Fairway Primary Node Subdistricts; C. Amend Map 18 - K-W Hospital Neighbourhood Secondary Plan By: Deleting Special Policy Area "16" from the lands known as 595-599 Park Street and replacing it with Special Policy Area "18", as shown on the attached Schedule 'D', "K-W Hospital Neighbourhood Secondary Plan"; and Renumber Part 3, Policy 13.7.4.16 as it relates to 595-599 Park Street to Part 3, Policy 13.7.4.18. E. Deleting Part 3, Policy 13.7.4.17 (828 King Street West). It is the opinion of this Committee that approval of this application is proper planning for the City. (As Amended) OCTOBER 20, 2003 COUNCIL MINUTES - 406 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) That a Public Meeting be held in the Council Chambers at 6:30 p.m. on October 20, 2003 to consider restoring the road surface to asphalt, from 182 Pioneer Tower Road to 266 Pioneer Tower Road, and to consider eliminating the requirement to apply tar and chip surfacing to other roads within the Pioneer Tower West community as required in certain subdivision agreements; and, That Planning staff be directed to give notice of the Public Meeting as appropriate; and, That having considered input from the public at a public meeting held earlier this date on October 20, 2003 regarding tar and chip roads in the Pioneer Tower West Community, the City of Kitchener resolves that all subdivision requirements for tar and chip surfacing of re- constructed roads in the Pioneer Tower West Community be removed; and, In that regard, the City modify the said surfacing requirement for Plans of Subdivision 30T- 97023 (Grand River Conservation Authority) and Subdivision 30T-01206 (Grand River Conservation Authority); and, That the City request the Ontario Municipal Board to amend its 'Orders' to reflect deletion of the requirement to finish portions of Grand Hill Drive and Pioneer Tower Road with tar and chip surfacing respecting the following Plans of Subdivision: · 30T-94008 (Krizsanderson Developments Ltd.) · 30T-94009 (JHS Properties Ltd.) · 30T-95016 (346874 Ontario Ltd.) · 30T-94017 (Maple Manor Ltd.); and, That having considered input from the public at a meeting held earlier this date, no change be made with respect to the requirement for tar and chip road surfacing of Lookout Lane; and, That the tar and chip road surface on Pioneer Tower Road from a point east of Maple Manor Court to 266 Pioneer Tower Road be milled off immediately in preparation for restoration of the road to a paved surface in 2003 weather permitting; or alternatively, such paving take place in the Spring of 2004; and further, That in formulating recommendations on Draft heightened consideration to all matters which purchase and sale. Plans of Subdivision, Planning staff give may require notification in agreements of (As Amended) That Demolition Control Application DC 03/08/K/CB (Greenfield Homes), requesting permission to demolish one single detached dwelling located at 1522 King Street East, legally described as Tract German Company Sub Lot 1 Part Lot 5, be approved in principle, subject to the following conditions: 1) That the owner obtain final Site Plan Approval; and, 2) That the owner obtains a building permit for the proposed development. Upon satisfaction of conditions 1 and 2, the Chief Building Official 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: 1) That in the event that construction of the new 20-unit residential building 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. OCTOBER 20, 2003 COUNCIL MINUTES - 407 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 8. (Cont'd) In addition, the applicant is encouraged to properly document the driveshed through measured drawings. It is the opinion of this Committee that approval of this application is proper planning for the City. ENVIRON MENTAL COM M ITTEE - That the City of Kitchener endorse in principle, the Regional Pesticide Use Reduction Working Group's draft 'Pesticide Reduction Public Education Budget (2003 - 2005)', as outlined in correspondence dated October 3, 2003 from Mayor Wayne Roth, Chair of the Working Group; and, That the Working Group's request to the City for a financial contribution in 2003 in the amount of $4,220. toward initiatives to be undertaken by focus groups that will aid in the design of a Community Based Social Marketing (CBSM) Plan, be approved; and further, That prior to consideration of additional funding requests in 2004 of $50,640. and in 2005 ranging from $25,425. to $28,801., the Working Group provide a report in 2004 to the City's Environmental Committee and City Council, outlining results of focus group initiatives and how the results will be used in the design of the CBSM Plan. (Dealt with under Delegations and Carried) FINANCE AND CORPORATE SERVICES COMMITTEE - (Council Meeting of September 29, 2003) 1. That the following recommendations, to ensure continued sustainability of the Customer Information System (CIS), be approved: 1. To hire developers to increase the complement of the CIS development team: · 2 full time equivalents in 2004 for an eight-year contract term, · 2 full time equivalents in 2004, for a five-year contract term. 2. Budget for the secondment of 2 full time equivalent staff in Revenue and Utilities for inclusion on CIS projects. 3. Provide budget for an additional server for the CIS environment. 4. Continue co-operation and pursuit of opportunities to share development efforts with other municipalities using the CIS product; and further, That the following recommendations be approved, in principle, and be referred to the 2004 Capital Budget Review Process: 1. 2 full time equivalents in 2005, for a five-year contract term, subject to needs assessment and approval by Service Through Technology Committee. 2. 2 full time equivalents for a five-year contract term, for special projects, subject to needs assessment and approval by Service Through Technology Committee. 3. Extend the budget for the current CIS development team complement from 2006 to 2011. 4. Extend the use of the CIS consultant by 2 years, but phase out this service by 2006. (Carried on a Recorded Vote) COUNCIL MINUTES OCTOBER 20, 2003 - 408 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (Meeting of October 6, 2003) That an exemption be granted from Chapter 450 (Noise) of the City of Kitchener Municipal Code to Bethany Evangelical Missionary Church, 160 Lancaster Street East, for their annual Christmas Pageant on December 4th to 7th, 2003, between the hours of 6 p.m. and 9 p.m. That Council Policy 1-815 - Public Arts and Acquisition Trust Fund be repealed and replaced with the new Public Arts and Acquisition Trust Fund policy attached to Community Services Department report CSD - 03 - 134. That Council Policy 1-485 - Public Art Policy be repealed and replaced with the new Public Art Policy attached to Community Services Department report CSD - 03 - 126. 4. That Council Policy I - 450 Kitchener Memorial Auditorium-Citizen/Community Group Contribution be repealed. That Council Policy I - 750 Reserve Fund - Kitchener Memorial Auditorium Complex be repealed. 6. That Council Policy I - 10 - Arts/Culture Award be repealed. That Messrs. Mel Linington, Robert Pritchard and James Wallace be appointed as the members of the 2003 Municipal Elections Compliance Audit Committee for a term ending November, 2005; and further, That an exemption be granted to Council Policy 1-63 (Appointment to Boards and Committees) to allow Messrs. Pritchard and Wallace to sit on the committee notwithstanding they do not meet the eligibility requirement of either living, working or owning property in the City of Kitchener. That subject to 2004 capital budget approval, capital funding in the amount of $50,000. in 2004 and $50,000. in 2005 be approved, to address the removal and stumping of Norway Maples in decline within the City of Kitchener. That no action be taken on the request of the University of Waterloo, Department of Health Studies and Gerontology for a donation toward their 25th Anniversary Celebration. HERITAGE KITCHENER- That the previous Notice of Intention to designate 381 Pioneer Tower Road as being of historic and architectural significance, approved July 2, 1996 be withdrawn; and further, That a new Notice of Intention be published to designate that portion of 381 Pioneer Tower Road legally described as Part 1, Reference Plan 58R-10533, as being of cultural heritage value or interest, pursuant to Section 29 of the Ontario Heritage Act, based on the Reasons for Designation contained in Appendix 'C' to Development and Technical Services Department report DTS-03-142. (Dealt with under Delegations and Carried.) That Heritage Permit Application HPA 2003-1V-22 (437 Pioneer Tower Road) be approved, in part, to allow the following renovations and restorations to the original farm house and drive shed: (a) to replace all windows in the original house with painted wooden windows with no aluminum cladding, to match original windows in rhythm and proportion; and, (b) to clad the original house with 5" horizontal pre-finished wood siding of a light neutral colour; and, OCTOBER 20, 2003 COUNCIL MINUTES - 409 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (Cont'd) 2. (Cont'd) (c) to construct a new wrap-around porch along the front and west elevations of the original house, to have a railing on the west elevation and trim details on the porch similar to the Joseph Schneider Haus; and, (d) to install window, corner and kick plate trim in pre-finished wood similar to the proposed horizontal wood siding; and, (e) to replace the front door in the centre of the original house with a solid door surrounded by sidelights to suit the Mennonite Georgian style of the house; and, (f) to re-shingle the roof of the original house with cedar shingles (No. 1 Perfection); and, (g) to demolish the tack shop addition on the east elevation of the original house; and, (h) to re-roof the drive shed with Iow-profile agricultural galvanized metal roofing; and, That this approval be subject to the following condition: (a) That the owner shall provide the City's Heritage Planner with revised drawings for the front and west elevations to show how the wrap-around porch will cut into the back of the house; and further, That the request of the owner to demolish the existing rear addition and construct a new rear addition and deck not be considered until such time as the owner has decided on the exact size and design for the rear addition and deck. 3. That Heritage Permit Application HPA 2003-V-23 (Lot 4, Registered Plan 58M-230, Oregon Court) be approved to construct a new single family dwelling and garage, subject to the following conditions: (a) That the new dwelling and garage shall be constructed as detailed in the plans submitted with this application, and, (b) That the developer shall advise the prospective purchasers of this lot of their obligations contained in the landscape easement agreement registered on title. COUNCIL MINUTES October 20, 2003 - 410 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. 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." B. ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Janet Traversy, Sarina Werth and Melissa Yanchus, employed at 4-808 Courtland Avenue East, Kitchener, (Taj Mahal) be granted 2003 Adult Entertainment Parlour Attendant Licences." 2. Free Saturday Parkinq Councillor C. Weylie requested that the program start date be amended as the date shown on the agenda is not a Saturday. It was resolved: "That free parking be provided in all City of Kitchener operated parking facilities within the Downtown on Saturdays commencing on November 15, 2003 and extending through the Holiday season to December 28, 2003 inclusive." 3. Various Tenders 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 a meeting held September 30, 2003. Recommendations pertaining to applications of Kitchener / Victoria Holdings (Submission No. SG 2003-010 - 871 Victoria Street North and Dalimat Investments Limited / Frum Developments (Submission No. SG 2003-012 - 700 Strasburg Road) were dealt with under Delegations. It was resolved: "That the application of the Grand River Hospital (Submission No. SG 2003-011- 835 King Street West) requesting permission to erect two ground signs along the King Street frontage of the subject property, as follows: Si.qn A: having a height of 6.03 m (19.78 ft.) rather than the permitted 3 m (9.84 ft.), an area of 15.78 m2 (169.86 ft.) rather than the permitted 4 m2 (43.06 sq. ft.), automatic changing copy on the sign located 120 m (393.7 ft.) from a residential zone rather than the required 150 m (492.13 ft.), with the sign to be located 0 m from King Street rather than the required 3 m (9.84 ft.), and to be located within the required 4.5 m driveway visibility triangle; COUNCIL MINUTES OCTOBER 20, 2003 -411 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Committee of Adjustment Decisions - Various - (Cont'd) Si.qn B: to have a height of 3.81 m (12.5 ft.) rather than the permitted 3 m (9.84 ft.), to have an area of 9.97 m2 (107.32 ft.) rather than the permitted 4 m2 (43.06 sq. ft.), to have a 0 m setback from King Street rather than the required 3 m (9.84 ft.), and to be located within the required 4.5 m driveway visibility triangle; and For the hospital property to have more than 2 signs accessory to a non-residential use within an institutional zone, on Cemetery Lot and Part Lots 19 & 285, Plan 385, 835 King Street West, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the applicant shall enter into an encroachment agreement with the Region of Waterloo for the proposed sign at the emergency entrance to be partially located within the King Street road allowance." 5. Applications for Cancellation, Refund, Reduction or Levy of Taxes Dealt with under Delegations. 6. Approval to Conduct Binqos - Optimist Club of Mannheim Council was in receipt of Corporate Services Department report CRPS-03-191 (J. Koppeser), dated October 14, 2003, recommending approval of a request to conduct ongoing bingos. It was resolved: "That the request of the Optimist Club of Mannheim to conduct bingos in the City of Kitchener on an ongoing basis, be approved, providing the funds raised are used to support their 'charitable mandate'." 7. Sale of Tickets - Heart and Stroke Foundation of Ontario Council was in receipt of Corporate Services Department report CRPS-03-194 (J. Koppeser), dated October 15, 2003, advising of no objection. It was resolved: "That the City of Kitchener has no objection to the Heart and Stroke Foundation of Ontario, 1920 Yonge St., 4th Fir., Toronto, Ontario, M4S 3E2, being granted permission to sell tickets in the City of Kitchener for a series of raffle draws to be held from January 23, 2004 to March 5, 2004 at several locations." Record of Site Condition Documentation pertaininq to Lots 14 TO 25 inclusive and Lots 58 TO 68 inclusive, Re.qistered Plan 1248 - Ralqreen Crescent Council was in receipt of Corporate Services Department report CRPS-03-192 (L. MacDonald), dated October 15, 2003. It was resolved: "That the Mayor and Clerk be authorized to execute the Record of Site Condition documentation pertaining to Lots 14 to 25 inclusive and Lots 58 to 68 inclusive, Registered Plan 1248 located on Ralgreen Crescent, Kitchener on behalf of The Corporation of the City of Kitchener, the owner of said lands; said documentation to be to the satisfaction of the City Solicitor." COUNCIL MINUTES OCTOBER 20, 2003 - 412 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 9. Settlement of Aqreement with Bell Canada Council considered a matter arising from the in-camera meeting of Council held this date regarding a Telco Contract between the City and Bell Canada. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, for the full and final settlement of the City's obligations regarding the contract entered into with Bell on July 3, 2002." 10. Various Aqreements re Soccer Proqram Council considered a matter arising from the in-camera meeting of Council held this date regarding the assumption of the soccer program by the City of Kitchener. It was resolved: "That the Mayor and Clerk be authorized to execute those agreements associated with Kitchener Minor Soccer and the assumption of the soccer program by the City of Kitchener satisfactory to the City Solicitor." 11. Sale of Tickets - Children's Health Foundation Council was in receipt this date of Corporate Services Department report CRPS-03-195 (J. Koppeser), dated October 20, 2003, advising of no objection. It was resolved: "That the City of Kitchener has no objection to the Children's Health Foundation, 746 Base Line Rd. E., Suite 406, London, Ontario, N6C 5Z2, being granted permission to sell tickets in the City of Kitchener for a draw to be held January 16, 2004 on 'New Day' on the New PL, Covent Garden Market, 130 King St., London, Ontario." 12. A.qreement re Borehole Drillinq and Monitorinq Wells Council was in receipt this date of Corporate Services Department report CRPS-03-196 (L. MacDonald), dated October 20, 2003. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of the property municipally known as 140 Highland Road East to permit drilling of boreholes and the installation of monitoring wells in the adjacent Highland Road East and Spadina Road East road allowances." 13. Execution of Deed of Correction Pertaininq to 1254 Union Street Council was in receipt this date of Corporate Services Department report CRPS-03-197 (L. MacDonald), dated October 20, 2003. It was resolved: "That the Mayor and Clerk be authorized to execute a Deed of Correction to M. Brown and Sons Limited to correct the description contained in the Deed registered as Instrument Number 591343 so that the description will now read Part of Lot 202, Streets and Lanes, Part of Lots 1 and 10 of the Subdivision of Lot 59, German Company Tract designated as Part 1, Part 2 and Part 8 on Plan 58R-1977 for the City of Kitchener, Regional Municipality of Waterloo." COUNCIL MINUTES OCTOBER 20, 2003 - 413 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 14. A.qreement with Creditron Inc. G. Sosnoski, General Manager of Corporate Services & City Clerk, asked that Council consider authorization of confidentiality related agreements required by a vendor prior to demonstrating payment processing software to staff. He advised that he was informed by Legal that there is no financial commitment stated or implied in relation to the agreements. It was resolved: "That the Mayor and Clerk be authorized to execute a Mutual Confidentiality and Non- Disclosure Agreement with Creditron Inc., satisfactory to the City Solicitor."