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HomeMy WebLinkAboutCouncil Minutes - 2004-03-29COUNCIL MINUTES MARCH 29, 2004 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 the Rockway Glee Club. On motion by Councillor C. Weylie, the minutes of the regular meeting held March 8, 2004 and special meetings held March 8 and 22, 2004, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor G. Lorentz disclosed a pecuniary interest at the in-camera meeting of City Council held earlier this date in respect to a matter involving solicitor-client privilege. COMMUNICATION REFERRED DIRECTLY TO FILE - (a) Letter dated March 5, 2004, from Premier Dalton McGuinty, acknowledging receipt of Council's resolution regarding the Community Access Program. Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor Gazzola raised a concern regarding the tendered bids for the colour laser printer tender and the fact that the recommended vendor was not the lowest bid. Mr. Gordon explained that the colour laser printer would be used for the printing of maps therefore requiring high quality printing. The recommended vendor's product was the only one to meet specifications and offer the quality of printing required. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T04-010, Food and Concession Paper Products, be awarded to Sysco Food Services of Central Ontario, Peterborough, Ontario at their adjusted tendered price of $153,460, plus G.S.T. & P.S.T., for one year with options to renew for a further two, one-year periods." - and - "That Proposal P04-012, Natural Gas Appliance Financing Program, be awarded to the following Contractors for a one (1) year period, commencing March 1, 2004 and terminating February 28, 2005: Primary Contractor status to: Cronin Emery, Waterloo. Secondary Contractor status to: Boehmers Home Services, Waterloo; Hy-Mark Mechanical, Cambridge; Corestar Mechanical, New Dundee; Four Seasons Heating & Cooling Services, Waterloo." - and - "That Tender T04-001, Concrete Sidewalk and Curb Construction and Repair, be awarded to 410754 Ontario Limited o/a Sousa Concrete, Branchton, Ontario at their tendered price of $775,004.04, including Contingencies of $24,837.10 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Quotation Q03-082, Rental of a Colour Laser Printer, be awarded to Xerox Canada Ltd,, Kitchener, Ontario at their quoted price of $75,610.32, plus cost per copy charges, plus G.S.T. & P.S.T. for a five year term." Carried. COUNCIL MINUTES MARCH 29, 2004 - 117 - CITY OF KITCHENER Mayor C. Zehr acknowledged the efforts of the Committee responsible for raising the funds and establishing a tribute to the National Hockey League's famous 'Kraut Line'. The Mayor advised of the granite panel located in the main lobby of the Kitchener Memorial Auditorium which is a tribute to three members of the Boston Bruins hockey team all of whom were from the City of Kitchener area. Mayor Zehr and Councillor G. Lorentz presented plaques to Committee members: Howard Dietrich, Fred Bishop, Murray Fried and Councillor John Smola as a token of the City's appreciation for the Committee's efforts in this regard. It was noted that two other members of the committee, Lawrence Folliott and Dave Roeder were unable to attend the meeting. John Cooper, Coordinator of Athletics, attended advising of the recent award given to the City of Kitchener by the Spirit of Sport Foundation. The 'True Sport Community Award' was presented in recognition of the City of Kitchener's ongoing support of sports in the community. Mayor C. Zehr requested that Councillor B. Vrbanovic, Chair of the Finance and Corporate Services Committee, give a summary of the Committee's meeting held earlier this date. Councillor B. Vrbanovic explained that at a special meeting of the Committee, the 2004 Operating and Capital Budgets were completed and subsequently presented to Council at a special meeting for ratification. Councillor Vrbanovic advised that the tax rate for 2004 will rise by 2.99% with an additional 1.85% as part of the new Capital Investment Strategy. He expressed his appreciation to the members of the public who were involved in the budget process and to staff for their hard work. Councillor J. Gazzola clarified that the property tax increase will be made up of 2.99% plus 1.85% for a total tax increase of 4.84%. Mr. Alex Ziemen attended and commented on the adopted 2004 budgets. He expressed concern with the proposed $110M investment strategy suggesting that the City will not see a return on this investment. He requested a payment schedule that will show the total cost for borrowing the funds as outlined in the strategy. Mr. Ziemen offered the opinion that the cost of the new library should be borne by the Library Board and that the library should support itself. Mayor C. Zehr responded that according to the investment strategy, the 1.85% increase in property taxes as part of the investment strategy equals approximately $14 per year per household. He advised that the long term cost for future borrowing cannot be provided until such borrowing has taken place and the interest rates are set. He also noted that the $110M is essentially a line of credit and any expenditures will be made only on the basis of approved business cases. Councillor J. Gazzola advised that the increase in property taxes will raise approximately $21M over the next 10 years and the rest of the investment strategy funds will be borrowed and he asked what exactly will the investment strategy pay for. Mr. F. Pizzuto, General Manager of Downtown Development and Community Services, advised that at this time there were three projects committed to, the Centre Block properties, the Wellness Centre and the move to the Downtown by Wilfrid Laurier University. These projects represent approximately $17.1M. Mr. Pizzuto also advised that there were two maintenance projects, the Victoria Park entrance plan and the Downtown Streetscape Plan which are approximately $6M. He advised that the remaining $89M could be spent on such projects as the University of Waterloo School of Pharmacy, the new main library, additional downtown parking and other project but that these still require approval from Council and will be based on prepared business cases. Councillor J. Smola pointed out that the 10-year Capital Forecast also includes 29 new projects identified by staff, Council and members of the public and the accelerated roads and infrastructure replacement projects. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Councillor C. Weylie advised that with respect to Clause 4, there have been some minor changes to the wording of the proposed by-law which has been circulated to members of Council and that the date of the proposed by-law was now March 22, 2004. Councillor Weylie also advised that with respect to Clause 5 regarding the deferral of a recommendation to enter into an agreement for the extension of a sanitary sewer, that agreements have now been signed by the vendor and Council may proceed with this item. On motion by Councillor C. Weylie, seconded by Councillor J. Gazzola, it was agreed to amend Clause 4 of the report to change the date of the proposed by-law to March 22, 2004. It was also COUNCIL MINUTES MARCH 29, 2004 - 118 - CITY OF KITCHENER agreed to amend Clause 5 by removing the opening paragraph to defer and refer the recommendation to the April 5, 2004 Development and Technical Services Committee meeting. The Development and Technical Services Committee report was then voted on clause by clause. Clause 4 - Carried, as Amended. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Councillor J. Gazzola requested that Clause 8, 10 and 11 be dealt with separately. He asked for clarification with respect to Clause 8 regarding the Victoria Park entrance project and in particular, the Committee's endorsement of the concept. Mr. F. Pizzuto explained that the Committee was presented with various concepts for the Victoria Park entranceway and was asked to endorse the preferred design concept. He added that Phase 1 of the project was approved by Council prior to the 2004 budget and that Phase 2 will take place in 2005 for a total budget allocation of $2.4M. He advised that this project is subject to a SuperBuild grant application therefore the cost to the City will be $1.2M. Councillor Gazzola raised a concern regarding Clause 11 dealing with establishment of a student-run art gallery questioning the rationale behind spending $20,000. on the property when there is no clear decision whether this will be a short term or long term project. Mr. F. Pizzuto advised that the student-run gallery could turn into a longer term project and pointed out that the majority of the $20,000. will be spent on renovations to make the property more accessible including washrooms and the entrance to the building. The Community Services Committee report was then voted on Clause by Clause. Clauses 8, 10 & 11 - Carried. Balance of report - Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Councillor J. Gazzola raised a concern regarding Clause 8 dealing with the natural gas consulting agreement and the elimination of the requirement for errors and omissions insurance to be held by the consultant. Ms. P. Houston explained that all recommendations from the consultant are reviewed and approved by staff therefore any errors and omissions would be covered by the Corporate insurance policy and there is no need for the consultant to carry additional insurance in this regard. The Finance and Corporate Services Committee report was then voted on Clause by Clause. Clause 8 - Carried. Balance of report - Carried. Councillor G. Lorentz advised of a recent newspaper article concerning the City of Waterloo entering into a reciprocal agreement with the local School Boards regarding the use of community facilities and asked whether the City of Kitchener should also be pursuing such an agreement. Mr. F. Pizzuto advised that currently the City has an informal agreement with the School Boards for the use of community facilities at no cost to either party but that staff would discuss with the School Boards the need for a reciprocal agreement with the City similar to the one with the City of Waterloo. Councillor G. Lorentz advised that he had received a request to fly the flags at City Hall and/or the Auditorium out of respect for the death of a member of the Canadian Armed Forces. Mayor C. Zehr advised that Councillor recently passed a new flag policy but the suggestion could be investigated further. COUNCIL MINUTES MARCH 29, 2004 - 119 - CITY OF KITCHENER Mayor Zehr advised that Regional Council has adopted a resolution to extend the red-light camera laws until November 20, 2004. He also advised that approval has been given for the road widening project on Homer Watson Boulevard which will take place between June - October of this year. Councillor B. Vrbanovic requested that City staff contact Regional traffic staff to discuss ways to eliminate speeding on City roads and in particular on Weber Street East where two recent serious accidents have taken place. Councillor J. Gazzola advised that many of the seniors who participate at the Victoria School Centre expressed concerns with the possible forced move to the new Downtown Wellness Centre when it is completed. Mr. F. Pizzuto advised that a report will be presented to the Community Services Committee next Monday and that he has been in consultation with the various groups to explain the idea of possibly moving the senior centre to the new Downtown Wellness Centre. Council agreed to a request of Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add two by-laws for three readings this date. One by-law for the appointment of two Deputy Clerks pro tempore relative to Clause 4 of the Finance and Corporate Services Committee report and a zoning by-law relative to Clause 4 of the Development and Technical Services Committee report. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d) 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. (e) Being a by-law to exempt certain lots from Part Lot Control - Block 2, Registered Plan 58M-303 - Bryan Court. (f) To confirm all actions and proceedings of the Council. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Housekeeping Changes for Transition to Digital Medium. (h) Being a by-law to appoint Deputy City Clerk - Pro Tempore. 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. MARCH 29, 2004 COUNCIL MINUTES - 120 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2004-55) (b) 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. 2004-56) (c) 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. 2004-57) (d) 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 2004-58) (e) Being a by-law to exempt certain lots from Part Lot Control - Block 2, Registered Plan 58M-303 - Bryan Court. (By-law No. 2004-59) (f) (g) To confirm all actions and proceedings of the Council. (By-law No. 2004-60) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Housekeeping Changes for Transition to Digital Medium. (By-law No. 2004-61) (h) Being a by-law to appoint Deputy City Clerk - Pro Tempore. (By-law No. 2004-62) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:26 p.m. MAYOR CLERK MARCH 29, 2004 COUNCIL MINUTES - 121 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE That the Permit Only Parking on the west side of Spadina Road West between Patricia Avenue and North Drive be in effect between the hours of 8:00 am and 8:00 pm, Monday to Saturday; and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited at anytime on the south side of Kehl Street from a point 193 metres east of Hoffman Street to a point 17 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. That Council approve the retention of McCormick Rankin Corporation as the Engineering Consultant for the widening of Gateway Park Drive between Sportsworld Drive and Tulane Street, including the preparation of the Environmental Assessment (EA), preliminary and detailed designs, and construction supervision. That a By-law to Facilitate the change of the City's Zoning By-law to a digital medium, be approved, as shown in the "Proposed By-law" attached to report DTS-04-029 and dated March 22, 2004, without conditions. (As Amended) That Council for the City of Kitchener enter into an agreement with E&E Seegmiller Limited for the City to extend a sanitary sewer main through Phase 2, R.P. 1677 at an estimated cost of $135,136.00 (Plus G.S.T.) and that the City recover these costs along with the associated engineering costs on a per metre frontage cost of $194.03/per metre, when the adjacent lands hook into said sanitary sewer; and further, That the City of Kitchener continue to retain the Consultant Engineering firm of, MTE Consultants Inc., at their price of $15,850.00 (Plus G.S.T.) and complete the aforementioned work with E&E Seegmiller as an extension to the Shirley Avenue North Sanitary Sewer and the financing of same be taken from the Sewer Surcharge. That Demolition Control Application DC 04/01/B/LT, requesting approval for the demolition of a single detached dwelling, located at 254 Blucher Street, on lands legally described as Lot 23, Registered Plan 749, be approved subject to the following condition: That the owner obtains a building permit for the proposed development; and further, Upon the satisfaction of Condition 1, 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: That in the event the single detached dwelling is not substantially complete within 2 years of the date of demolition is commenced, the City Clerk may enter on the collector's roll, to be collected in like manner as municipal taxes, $20,000.00 for each dwelling unit 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. COMMUNITY SERVICES COMMITTEE - That the Mayor and Clerk be authorized to execute a renewed Temporary Exhibition of Art Agreement, satisfactory to the City Solicitor, with art collector Peter Lerner to enable the extended exhibition of artwork in public areas of City Hall, as attached to Community Services Department report CSD-04-037. COUNCIL MINUTES MARCH 29, 2004 - 122 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That the recommendations of the City's Public Art Working Group and Arts & Culture Advisory Committee to approve and install the proposed final commission by 2003 Artist-In-Residence, Michael Jacob Ambedian, entitled 'Sawdust Angelus', be endorsed; and further, That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with Michael J. Ambedian regarding the Artist-In-Residence Commission, as set out in Community Services Department report CSD-04-041. That the Special Events Facilitator be authorized to sign the Service Provider Contract, satisfactory to the City Solicitor, with Airbounce Amusements relative to the 2004 Kidspark event in Victoria Park, as outlined in Community Services Department report CSD-04-059; and, That the pre-approved Service Provider Contract regarding Airbounce Amusements be amended to add the phrase 'save and except damage arising solely from the City's negligence' to the end of clause 3 following the phrase 'The City shall not be liable for any injury or damage to the Service Provider, his/her agents, servants, subcontractors, customers, invitees or licensees, or resulting from any cause whatsoever'; and further, That payment to Airbounce Amusements in the amount of $8,490. be approved. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with St. George's of Forest Hill Anglican Church, granting approval for a scattering garden at the Church's municipal address of 321 Fischer-Hallman Road; and further, That Kitchener Council consents to a reduction in the Ministry of Consumer and Commercial Relations care and maintenance fund standard for new cemeteries from $100,000. to $5,000. That a one-time general provision grant in the amount of $5,000. ($3,000. cash; $2,000. in-kind) be approved to the Community Arts Ontario Steering Committee to assist with expenses to host the 13th Annual Community Arts Ontario Conference at the Walper Terrace Hotel. That a one-time general provision grant in the amount of $3,000. be approved to the Concordia Club to assist with expenses related to the 'Shared Vision of the Concordia Club Identity Art Project: The United Youth of Kitchener-Waterloo' project. That the City of Kitchener enter into an agreement with the Canadian Federation of Strength Athletes (CFSA), satisfactory to the City Solicitor, to host the 2004, 2005 and 2006 Ontario Strongman Championships; and further, That funding of in-kind services be approved, as follows: $6,000. in 2004; $5,000. in 2005; and $4,000. in 2006. That the design concept for the entrance feature to Victoria Park, located at the west terminus of Gaukel Street, and identified as a significant focus in the Gaukel/Young Corridor Master Plan (May 2002), be endorsed. 9. That a one-time grant in the amount of $7,150. be approved to the Steering Committee for CulturePlan I1: The Actionplan, to be funded from the Community Development Infrastructure Program. 10. That the following individuals, as outlined in Community Services Department report CSD-04-053, be endorsed as the Kitchener Youth Soccer Advisory Board: Sue Beamish, Andrew Coppolino, Jim Daley, Linda Gilchrist, Drew Hamilton, Paul Laurie and Scott van Rooy. 11. That subject to the 2004 budget process, the partnership proposal from the Fine Arts Department and Dean of Arts Office, University of Waterloo, regarding the establishment of a student-run gallery exhibiting student and community artwork at 158 King Street West, as outlined in Community Services Department report CSD-04-056, be approved; and, MARCH 29, 2004 COUNCIL MINUTES - 123 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 11. (Cont'd) That $13,705. be allocated from the 2004 Capital Contingency for one-time renovations to 158 King Street West; and further, That the City enter into an operating agreement, satisfactory to the City Solicitor, with the Fine Arts Department, University of Waterloo." FINANCE AND CORPORATE SERVICES COMMITTEE - That Chapter 113 (City Clerk - Acting) of the Municipal Code be amended as follows: · The Chapter be re-titled as Deputy City Clerk - Pro Tempore · Reference to Mr. L. W. Neil and the position of Acting City Clerk be removed · Dianne Gilchrist and Janet Billett be appointed as Deputy City Clerk - Pro Tempore · Clause 113.1.3 regarding an Alternate Acting City Clerk be deleted; and further, That Chapter 160 (Execution of Documents) of the Municipal Code be amended by deleting reference to 'Acting City Clerk' where it appears in the Chapter and replacing it with 'Deputy City Clerk-Pro Tempore'. That Council Policy 1-340: Art, Artifact Acquisition and Management Policy, attached to Report No. CSD-04-047 be approved and replace the current policy dated August 21, 1995. That Council Policy 1-650, Percent for Art Policy, attached to Report No. CSD-04-050 be approved as amended by reducing the maximum amount for the commission of art from $500,000. to $300,000, and replace the current policy dated March 20, 2001, That notwithstanding the previous Council resolution of November 26, 2002, which directed the sale of 29 Eden Avenue, that the substation municipally known as 29 Eden Avenue be demolished and the lands be restored for park purposes. That the revised Council Policies 11-310 (Vacation) and 11-175 (Hours of Work) and, the New Council Policy 11-12 (Alternative Working Arrangements), attached to Strategic Services Department Report SSD-04-009, dated March 15, 2004, be approved. That the request of Susan Swan & Lori Mueller, ACC 2004 Ontario Regional Agility Championships, for an exemption from the Pit Bull provisions of Municipal Code Chapter 530 (Dogs) to allow Pit Bulls to attend the 2004 Ontario Regional Agility Championships at the Kitchener Auditorium, from June 4 to June 7, 2004, be approved, subject to the following conditions: a) the operators of the event shall provide the Kitchener-Waterloo and North Waterloo Humane Society, in advance, with a list of those individuals bringing and handling Pit Bulls; and, b) all Pit Bulls shall be muzzled and kept on a short leash while outside the Kitchener Auditorium. That the hearing of the complaint under Section 20 of the Development Charges Act by 1090504 Ontario Limited in respect of 100 Washburn Drive be conducted by way of written submissions; and further, That Council hereby dismisses the complaint and confirms that the development charges as calculated and collected for the development of 100 Washburn Drive in the City of Kitchener are correct. MARCH 29, 2004 COUNCIL MINUTES - 124 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) That the Natural Gas Consulting Agreement with ECNG be extended for the two remaining one year terms from February 1,2004 to January 31,2006; and further, That the agreement be modified by eliminating the requirement for Errors and & Omissions insurance to be held by ECNG at the City's cost and clarified with the addition of an addendum, which provides detail on appropriate invoicing. MARCH 29, 2004 COUNCIL MINUTES - 125 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS- 1. Licences i) Permanent Vendor / Place of Refreshment It was resolved: "That a 2004 Permanent Vendor / Place of Refreshment Licence be granted to Siu Wah Koch, to operate a business known as New Chinese Delight at 2480 Homer Watson Boulevard, Kitchener." ii)Permanent Vendor It was resolved: "That a 2004 Permanent Vendor Licence be granted to Patrick Dural, to operate a business known as Artisan Upholstery Works at 18 Wellington Street South, Kitchener." iii) Adult Entertainment Parlour Attendant It was resolved: "That Shasta Lush and Shantel Dean, employed at #4-808 Courtland Avenue East, Kitchener (Taj Mahal) be granted a 2004 Adult Entertainment Parlour Attendant Licence." 2. Doq Desiqnation Appeal Committee Decisions - Various It was resolved: "That the March 22, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Desmond & Juan Legge, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." - and - "That the March 22, 2004 decision of the Dog Designation Appeal Committee regarding an appeal filed by Jackie Landuyt, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." 3. Execution of Final Releases It was resolved: "That the Mayor and Clerk be authorized to execute a Full and Final Release and any other required documentation in the matter of damages to the Doon Valley Golf Club, subject to the satisfaction of the City Solicitor." - and - COUNCIL MINUTES MARCH 29, 2004 - 126 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Execution of Final Releases "That the Mayor and Clerk be authorized to execute a Full and Final Release and any other required documentation in the matter Kapasi v. The Corporation of the City of Kitchener and J. Weber Contracting Ltd., subject to the satisfaction of the City Solicitor." 4. Various Tenders Dealt with under Delegations. 5. Tender Approval - Chief Administrative Officer Authority It was resolved: "That Council ratify the Chief Administrative Officer's decision, rendered under authority delegated by the Council resolution of March 8, 2004: P03-054 Supply, Installation, Warranty and Maintenance of a Multi- Facility Parking Management System Awarded to: WPS Parking Systems, Mississauga, Ontario Corrected proposed price: A. Equipment: $ 697,580.00, plus G.S.T. B. Preventive Maintenance Plan (15 Years): $ 592,000.00, plus G.S.T. TOTAL: $1,289,580.00, plus G.S.T." 6. Memorandum of Settlement - IATSE Local 357 Council was in receipt of Strategic Services Department report SSD-04-011 (L. Bansen). It was resolved: "That City Council approve the terms and conditions contained in a Memorandum of Settlement dated February 18, 2004, in connection with the 2004-2006 Collective Agreement with IATSE Local 357, International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada; and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." 7. Taq Day Request - Canadian Cancer Society Council was in receipt of correspondence from S. Tambeau, Co-Chair, Air Cadets' Scott Wilson Tag Day for Cancer, dated March 1, 2004, requesting permission to conduct a Tag Day on April 17, 2004, at specified locations. It was resolved: "That Council grant the request of the Royal Canadian Air Cadets - Scott Wilson Tag Day for Cancer for permission to request donations on behalf of the Canadian Cancer Society at the following locations on Saturday, April 17, 2004, as outlined in correspondence from S. Tambeau, dated March 1,2004: · King Street - between Ontario Street and Frederick Street; · Ontario and Queen Streets - within one block either side of King Street; · Scott and Frederick Streets - outside the Kitchener Farmers' Market entrances; and, · Outside the Kitchener Memorial Auditorium Complex." COUNCIL MINUTES MARCH 29, 2004 - 127 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 8. Sale of Tickets - Heart & Stroke Foundation of Ontario Council was in receipt of Corporate Services Department report CRPS-04-041 (J. Koppeser), dated March 24, 2004, advising of no objection to the selling of raffle tickets. 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 May 28, 2004 to July 7, 2004 at Bearingpoint LP, 200 Consumers Rd., Suite 500, Ontario." 9. Sale of Tickets - Kitchener-Conestoqa Rotary Club Council was in receipt of Corporate Services Department report CRPS-04-042 (J. Koppeser), dated March 18, 2004, advising of no objection to the selling of raffle tickets for the Dream Home Lottery. It was resolved: "That the City of Kitchener has no objection to the Kitchener-Conestoga Rotary Club, Suite 110, 53 Frederick St., Kitchener, Ontario, N2H 2M2, being granted permission to sell tickets in the City of Kitchener for their "Dream Home Lottery" raffle on November 30, 2004." 10. Committee of Adjustment 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 March 9, 2004. It was noted that with respect to Item ii) (43 Sugar Maple Street), the measurements given should reflect the area of the sign and not just the width and the Committee agreed to amend the recommendation accordingly. It was resolved: "That the application of Hosea Developments Inc. (190 Gateway Park Drive) requesting permission to erect a fascia sign on the front of the building which will project 0.6m (1.97 ft.) from the wall rather than the permitted 0.35m (1.15 ft.), on Lot 1, Registered Plan 1745, 190 Gateway Park Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved shall apply to the sign generally as shown on the plans submitted with this application." - and - "That the application of Terri Lynne Woods (43 Sugar Maple Street) requesting permission to erect a fascia sign advertising a home business to have an area of 0.56 m2 (6 sq. ft.) rather than the permitted 0.2 m2 (2.1 sq. ft.), on Lot 704, Registered Plan 1452, 43 Sugar Maple Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved shall apply to the sign generally as shown on the plans submitted with this application." COUNCIL MINUTES MARCH 29, 2004 - 128 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 11. Request to Sell Food at Budd Park - K-W Minor Lacrosse Association Council was in receipt this date of Corporate Services Department report CRPS-04-048 (J. Koppeser), dated March 25, 2004, recommending approval of a request by the K-W Minor Lacrosse Association to hold a fundraising barbecue on May 14-16, 2004. It was resolved: "That the request of the Kitchener-Waterloo Minor Lacrosse Association to hold a fundraising BBQ during their Field Lacrosse Provincial Qualifier at Budd Park on May 14, 15, 16, 2004, be granted subject to obtaining the necessary Licence, including Health and Fire approvals; and further, That the nominal fee of $10.00 be applicable."