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HomeMy WebLinkAboutCouncil Minutes - 2001-04-23 COUNCIL MINUTES APRIL 23, 2001 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "0 Canada" by Yvonne Jarsch, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held April 2, 2001, and special meeting held April 9, 2001, 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, pecuniary interests were disclosed at an in-camera meeting of City Council held April 23, 2001 as follows: . Councillor B. Vrbanovic - labour relations matter . Councillor G. Lorentz - solicitor-client privilege matter . Councillor M. Galloway - solicitor-client privilege matter COMMUNICATIONS REFERRED DIRECTLY TO FILE - NIL (a) Letter dated March 29,2001, from T. Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council's resolution concerning Provincial funding for repairs to the Conestoga Dam and advising of a letter of support forwarded to the Ontario Superbuild Corporation. COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE- (a) Letter dated April 18, 2001, from G. Sosnoski, City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. He requested consideration of two additional matters as outlined in his memoranda dated April 23, 2001, distributed this date, dealing with: Expression of Interest E01-028, Consultant Services - Site Assessment and Remediation of Ralgreen Crescent and a request to waive policy relative to the selection of consultants and professional services and award the project for Development Assessment for a Downtown block to KPMG Chartered Accountants. Mr. William Kennaley appeared as a member of the Ralgreen Consultant Selection Committee to express his objection to the method utilized to recommend a consultant after evaluation of the two finalists. He noted that in the absence of Mr. Brad Yasui, the Committee had made a selection which was subsequently changed after Mr. Yasui was invited to make a selection. Mr. Kennaley maintained that Mr. Yasui had a responsibility to be present at the consultant selection meeting in order to have input into a recommendation. He suggested that the process agreed to was subverted and the City did not live up to its agreement with the non-plaintiffs. Ms. Tammy Zettel appeared as a member of the Ralgreen Consultant Selection Committee and advised that she had attended the selection meeting and that both she and Mr. Yasui favoured Frontline Environmental Management Inc. Councillor G. Lorentz commented on the process to date and stressed that the Selection Committee was attempting to conform to the terms of the Settlement Agreement. He noted that at the conclusion of the meeting, the Committee was faced with making a selection from two excellent firms and he had suggested Conestoga Rovers be chosen. He pointed out that Mr. J. Witmer had reached Mr. Yasui after the meeting who favoured selecting Frontline Environmental Management Inc. Councillor Lorentz supported Mr. Yasui's choice on the basis that the plaintiffs should have the last word on the final selection. He commented that it would appear Mr. Kennaley was the only Committee member that was unhappy with the outcome and requested Council support the recommendation to approve Frontline Environmental Management Inc. Mr. J. Witmer also appeared as a delegation to accept full responsibility for the breakdown in communication with Mr. Yasui who was an integral part of the selection process. Councillor J. Ziegler fully supported Councillor Lorentz's remarks and agreed that the selection decision follow the wishes of the plaintiff. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That Tender T01-040, Watermain Cleaning, be awarded to A-1 Hydrant Services Ltd., Scarborough, Ontario, at their tendered price of $96,855.30, plus G.S.T." COUNCIL MINUTES APRIL 23, 2001 - 144 - CITY OF KITCHENER - and - "That Tender T01-027, Fleet Vehicles (Tandem Rear Axle Cabs & Chassis) be awarded as follows to Team Truck Centres, Kitchener, Ontario, at their tendered price of $477,575., plus P.S.T. & G.S.T. Item #1 - Four (4) 58,000 lb. G.V.W. Tandem Rear Axle Conventional Cabs & Chassis, complete to specification CKF-310, at their tendered price of $361,432., plus G.S.T. and P.S.T. Item #2 - One (1) 58,000 lb. G.V.W. Tandem Rear Axle Conventional Cab & Chassis with a 15.4 cubic yard heated dump body, complete to specification CKF-281, at their tendered price of $116,143., plus G.S.T. and P.S.T." - and - "That Tender T01-044, Golf Cars & Beverage Cars, be awarded to Turf Care Products Canada, Newmarket Ontario, at their tendered price of $77,782., which includes a trade in of $59,000. for twenty used golf cars, plus applicable taxes." - and - "That Tender T01-051, Sun Network Server, be awarded to ONX Incorporated, Toronto, Ontario, at their tendered price of $75,377.15, plus P.S.T, and G.S.T." - and - "That Expression of Interest E01-035, Consultant Services - Construction of Doon Village Road (Bechtel Drive to Tilt Drive), be awarded to Stantec Consulting Ltd., Kitchener at their estimated fee of $413,445., including G.S.T., and a contingency of $41,344., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T01-029, Fleet Vehicles (Automobile, Vans and Pick-up Truck) be awarded as follows: Item #1 - Two (2) Seven Passenger Mini Window Vans complete to specification CKF- 95 - to Weiland Ford Sales Ltd., Kitchener, at their tendered price of $46,916., plus G.S.T. and P.S.T. Item #2 - One (1) Mini Cargo Van complete to specification CKF-83 - to Steve Scherer Pontiac Buick, Kitchener, at their tendered price of $20,323., plus G.S.T. and P.S.T. Item #3 - One (1) Dual Rear Wheel Crew Cab and Chassis complete to specification CKF-242 - to Weiland Ford Sales Ltd., Kitchener, at their tendered price of $27,066., plus G.S.T. and P.S.T. Item #4 - One (1) Compact Four (4) Door Sedan complete to specification CKF-65 not be awarded at this time pending further investigation by the Fleet Division." - and - "That Council waive the tendering procedure and allow the Manager of Purchasing to negotiate the supply of a portable building at the Chandler Community Centre, to an upset limit of $95,000." - and - COUNCIL MINUTES APRIL 23, 2001 - 145 - CITY OF KITCHENER "That Expression of Interest E01-028, Consultant Services - Site Assessment and Remediation of Ralgreen Crescent, be awarded to Frontline Environmental Management Inc., Kitchener, at their estimated fee of $278,200., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That the Policy for the Selection of Consultants and Professional Services be waived and that Council award the project for Development Assessment of Downtown Block (bounded by King Street, Young Street, Duke Street and Ontario Street) to KPMG Chartered Accountants, Toronto, Ontario, at an estimated fee of $75,000.,subject to a satisfactory contract being negotiated and an upset fee being established." Carried. Mr. Don Chapman, Facilitator of Special Events, Community Services Department, appeared as a delegation to present the Festival and Events Ontario Marketing Award for the City's Festival of the Night undertaking. Mayor C. Zehr and Ms. Joan MacDonald accepted the Award on behalf of the City and Mayor Zehr expressed Council's appreciation to staff for their effort and achievement in making the Festival such a success. Councillor B. Vrbanovic also added his personal congratulations to staff in the City's Marketing Section for this and other events. Mr. Sid Nassif appeared as a delegation concerning grass-cutting charges that had been added to his property tax bill as a result of violation of property standards regulations with respect to property he owns on Amherst Drive. He indicated that the land parcel was approximately two acres and that it takes him over eight hours to cut the grass which he was only able to cut one hour at a time as a result of his lawn mower overheating. In response to Councillor J. Ziegler, he indicated that the City's bill was $500. - $600. Councillor Ziegler commented that this was not a first time offense and questioned the rationale for the City applying the standard of a cut lawn to a vacant field. He questioned why the majority of the lands could not be left as a field provided there were no weeds and suggested that the grass cutting charges be forgiven. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the request of Mr. Sid Nassif for relief from grass cutting charges imposed by the City relative to his property on Amherst Drive be deferred and referred to the May 14, 2001 Finance and Administration Committee meeting, to allow staff to present pictures of the subject property and address why the majority of the property, exclusive of the lands around the home, could not be treated as a field." Carried. Pastor K.J. Weinberger, The Dwelling Place, appeared as a delegation in support of Item B.3 of the Committee of the Whole agenda pertaining to a request to permit tethered hot air balloon rides in Gzowski Park. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Council approve the request from The Dwelling Place to permit tethered hot air balloon rides in Gzowski Park on May 6, 2001." Carried. Mr. Orville Thacker, President, Waterloo Regional Council of Union Retirees, appeared as a delegation to read a submission which was circulated this date as further comment in follow-up to their petition opposing the wage and benefit package which Council approved and subsequently reduced. His presentation disputed the position taken by the members of City Council that the Provincial government was at fault in respect to the compensation issue due to its legislated reduction COUNCIL MINUTES APRIL 23, 2001 - 146 - CITY OF KITCHENER in the size of City Council. Mr. Thacker indicated support for establishing a representative citizens' committee to review Council compensation as set out in the April 2, 2001 Council resolution. He then left petitions that he indicated contained the signatures of another 2,000 residents opposing the compensation increase that Council originally awarded itself in January 2001. Mayor C. Zehr re- affirmed Council's commitment to comply with the resolution approved April 2, 2001. In response to Mr. Thacker's comment that the previous committee had been stacked with business representatives, he pointed out that the earlier Compensation Committee had included a mixture of representation from the public at large. Before making his presentation, Mr. Steve Vogel offered remarks in respect to the matter affecting Mr. Sid Nassif. He pointed out that following a similar circumstance involving his property, the City of Kitchener was supposed to have had a policy in place respecting naturalization which would address Mr. Nassif's problem. Mr. Vogel then advised that in appearances before meetings of Public Works and Transportation Committee and Special Council on March 26, 2001 which dealt with the Highway 7 expansion project, he had requested 'comparable costs' be obtained and asked that the second paragraph on Page 105 of the Special Council minutes should reflect this as part of the amendments and should also be set out within the second last paragraph of the resolution on Page 106. He noted that the resolution seeks costs only with regard to the technically preferred alternative and does not request costs for the RW4 alternative. Mayor C. Zehr noted that it was Council's position to deal only with the Highway 7 Project within Kitchener and at the point of the Grand River crossing. Mr. Vogel stated that there was a need for more open debate and that cost should be a large part of the consideration of this matter. Councillor B. Vrbanovic expressed the view that the March 26, 2001 resolution of Special Council reflects the issue and from the perspective of concerns relevant to the City of Kitchener. He commented that elected members of the Provincial Parliament were equally accountable in respect to this Project which was under Provincial jurisdiction and suggested that if information was unobtainable that such matter be brought to the attention of local MPPs. Mayor Zehr advised Mr. Vogel that he would make an attempt to obtain additional information from officials of the Ministry of Transportation of Ontario and the Region of Waterloo relative to costs of alternative proposals. Mr. Tim McCabe, Green Scheels Pidgeon Planning Consultants, appeared as a delegation on behalf of Lutheran Homes with respect to Council's April 2, 2001 resolution pertaining to the matter of development charges related to the Lutheran Homes of Kitchener - Waterloo 'Trinity Village' Continuum Care Facility at 2727 Kingsway Drive. He commented that he thought Council direction was clear on this matter. However, a draft agreement dealing with deferral of development charges prepared by the City's Legal Department assesses interest charges respecting 85 units and is silent on 35 additional units which suggests payment is required at this time; whereas, consideration of development charges for the 35 units was temporarily deferred and referred to the June 4, 2001 Finance and Administration Committee meeting. Mr. McCabe referred to a Legal Department staff report addressing issues relative to the development agreement and circulated correspondence dated April 18, 2001 from the Regional Clerk advising of an April 11, 2001 resolution of Regional Council regarding deferral of Regional development charges. In summary, Mr. McCabe requested that as direction to staff, Council re-affirm its April 2, 2001 resolution. This would involve deferral based on a credit arrangement without interest on 85 units; and, in reference to the 35 units, Mr. McCabe indicated his client would reluctantly agree to development charges being imposed at the time of building permit issuance for conversion of the existing facility. Councillor J. Ziegler concurred with Mr. McCabe's understanding relative to this matter and noted that the draft agreement did not reflect Council intent. Mayor C. Zehr commented that timing was critical for this project to proceed and Councillor Ziegler noted that it was not necessary for an agreement to be executed prior to building permit issuance. Mr. J. Shivas offered comment as to revision of the draft agreement acknowledging the redevelopment allowance approach and not assessing any interest charges. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That Clause 2 of the Finance and Administration Committee report adopted by Council on April 2, 2001 respecting the Lutheran Homes of Kitchener-Waterloo 'Trinity Village' continuum care facility at 2727 Kingsway Drive, be re-affirmed; and, COUNCIL MINUTES APRIL 23, 2001 - 147 - CITY OF KITCHENER That the draft Development Charges Deferral Agreement be revised to acknowledge the re- development allowance respecting 85 lodging units and that no interest charges apply on the 85 lodging units to replace the 85 lodging units in the existing building and no interest charges apply on the 35 additional units until the time that building permits are issued for the conversion of the existing building to its proposed use; and further, That the Legal Department incorporate wording in the Agreement in accordance with the intent of Council's resolutions pertaining to this matter." Carried. Mr. Ron Power appeared as a delegation with regard to Clause 1 and Clause 2 of the Finance and Administration Committee report, the latter dealing with his request to operate a hot dog cart at 520 King Street West. Mayor C. Zehr advised that Council was circulated with a memorandum from the Manager of Licensing advising of a verbal objection received this date from the operator of the Subway sandwich business on the opposite side of King Street. Mr. Power indicated that he had previously talked with a Subway staff person who had no objection and advised that neither Zeke's nor McDonald's restaurants had any objection to his request. Councillor J. Smola acknowledged the objection received this date but was of the view that any objection must be in writing. Accordingly, he suggested this matter be deferred to allow for a written objection to be filed. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler "That consideration of Clause 2 of the Finance and Administration Committee report be deferred and referred to the April 30, 2001 meetings of the Finance and Administration Committee and Special Council for consideration of any written objection to the operation of a hot dog cart at 520 King Street West." Carried. Councillor J. Ziegler requested that staff determine if a requirement for such written objection was in Municipal Code Chapter 586 (Refreshment Vehicles) and if not, that a by-law to amend the Code be enacted to provide that only written objections will be considered. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Clause 1 of the Finance and Administration Committee report be adopted." Carried. Mr. Ernest Lucy appeared as a delegation with respect to Clause 1 of the Heritage Kitchener report dealing with the one-way vehicular restriction on Doon Village Road. He acknowledged that the Traffic Division was undertaking a study in this regard but asked that two issues be kept in mind given that Doon Village Road had the width of two lanes but did not have any shoulders. Firstly, he noted that in the wintertime, children walk in the middle of the road almost out of necessity but also do the same in summer. Secondly, Mr. Lucy commented on protection of the Heritage District and noted that it was expected as Upper Doon developed, traffic would be disrupted on Doon Village Road. He referred to the history of the one-way operation which he indicated was to be temporary until the Doon Village Road By-pass was constructed. Accordingly, he requested that the one-way restriction remain in place at this time. Mr. R. Haalboom was also registered as a delegation but declined to make a presentation. Councillor M. Galloway advised that the staff report from the Traffic and Parking Division was intended to be considered at the April 30, 2001 Public Works and Transportation Committee meeting but may be scheduled for the following meeting on May 14, 2001. Clause 1 of the Heritage Kitchener report was moved by Councillor M. Galloway, seconded by Councillor B. Vrbanovic, who accepted a friendly amendment proposed by Councillor J. Ziegler to COUNCIL MINUTES APRIL 23, 2001 - 148 - CITY OF KITCHENER reflect that Council receive the recommendation as information so as not to construe that Council was endorsing the Heritage Kitchener position. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That Clause 1, as amended, of the Heritage Kitchener report be adopted." Carried. Mr. Dimitri Nenkov appeared as a delegation respecting Application #261 listed as Items 59 & 60 of the Summary of Applications for Cancellation, Refund, Reduction or Levy of Taxes listed on the agenda for consideration this date. He was of the view that the calculations related to a financial adjustment were not correct based on the rate applied to the commercial and residential assessment categories. Following comment from Ms. P. Houston, Councillor J. Ziegler recommended Council approve the adjustment amounts outlined in the Summary and that following staff consultation with Mr. Nenkov, a further adjustment could be made, if warranted, at the April 30, 2001 Special Council meeting. Mr. Nenkov then posed questions with respect to legislated assessment policy relating to reduction of the commercial ratio and the method by which home businesses are dealt with. Mayor C. Zehr remarked on business taxes being rolled into the tax levy in 1998 and the Provincial guidelines establishing a fairness ratio which were dealt with by the Region of Waterloo on behalf of all municipalities within the Region. Mayor C. Zehr requested that at the time Ms. Houston meets with Mr. Nenkov to address his calculation concerns, that an explanation also be given as to how the ratio has affected his property. Mr. Laverne Kocher appeared as a delegation with regard to tax reduction Application #295 & 296 listed as Items #28 & 29 of the Summary of Applications for Cancellation, Refund, Reduction or Levy of Taxes. He advised that since purchasing his home he had questioned his property assessment each year as he was aware of neighbours having substantially lower assessment but had been continually assured by assessment officials that valuations were correct. He noted that as a result of a recent appraisal of his property, which was some $40,000. less than the assessed valuation, Ontario Property Assessment Corporation officials have now confirmed that his property had been over-assessed. Mr. Kocher stated that in his opinion he was entitled to a refund covering all of the years that he had been over-assessed but had been advised that legally this could not be done, which he maintained was unfair. Ms. P. Houston confirmed that Provincial legislation limits such tax adjustment applications to the current tax year plus two prior years. Council then dealt with the recommendations in the tax adjustment summary including the applications of Mr. Dimitri Nenkov (Items #59 & 60) and Mr. Laverne Kocher (Items #28 & 29). Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "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. As a final comment, Mr. Kocher indicated that he had requested, but not yet received, information from the Ontario Property Assessment Corporation detailing how its' staff assess properties and what features were included. Ms. Linda Homeniuk appeared as a delegation with respect to Clause 3 of the Finance and Administration Committee report adopted by Council on April 2,2001 in which it approved the request of Homeniuk Rides to hold a midway at Weiland Ford April 19-22, 2001. Due to the inclement weather on the weekend of April 19-22, 2001, Ms. Homeniuk requested an extension of her approval so as to operate on April 26-29, 2001, inclusive in accordance with the same terms and conditions of the earlier approval. COUNCIL MINUTES APRIL 23, 2001 - 149 - CITY OF KITCHENER Councillor J. Ziegler advised that the neighbourhood was not objecting to the midway operation and that Homeniuk Rides had been very cooperative in adhering to the conditions imposed with respect to the operation. As well, he indicated that staff of Homeniuk Rides have volunteered to clean up neighbourhood litter from the block of land on which McDonald's is situated. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the request of Homeniuk Rides Inc. for an extension to their midway at Weiland Ford, 707 Ottawa Street South, from April 26-29, 2001 be approved subject to the same conditions as set out in Council's original approval given April 2,2001." Carried. Ms. Jodie Desbiens appeared as a delegation in respect to her escort service business which in her opinion was being negatively impacted by other escort services which she suggested are offering services of a sexual nature. She questioned whether escort service businesses that were advertising in The Record had obtained a Master Business Licence so as to meet the newspaper's advertising policy requirement. Further, she expressed concern that there are no regulations governing the operation of escort services and that a tracking system was needed for employees of these businesses to address such issues as earnings, taxation and other matters. In response to Mayor C. Zehr, Mr. G. Sosnoski advised that City staff were working on a report to address the operations of such businesses for consideration by Council in May, and noted that other municipalities have expressed similar concerns. Ms. Desbiens requested that escort services providing in-call services be shut down and Councillor B. Vrbanovic suggested Mayor C. Zehr bring the matters raised by the delegation to the attention of the Waterloo Regional Police Services Board. Mr. Roy Paiva, Vice-President, Kitchener Portuguese Club Inc., appeared as a delegation in support of the Club's April 16, 2001 request for permission to serve food on July 14, 2001 in connection with an event to raise monies for a building fund to improve and build new facilities in the Club. Council was in receipt of Corporate Services Department report CRPS-01-062 dated April 23, 2001 from J. Koppeser pertaining to this matter. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway "That the City of Kitchener grant the request of the Kitchener Portuguese Club to operate a refreshment stand at the Kitchener Portuguese Club, 1548 Fischer-Hallman Road, Kitchener, on July 14, 2001, provided the necessary licence, including Health and Fire approvals, is obtained." Carried. 1. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the report of the Planning and Economic Development Committee be adopted." Carried. 2. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. 3. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the report of the Finance and Administration Committee be adopted." COUNCIL MINUTES APRIL 23, 2001 - 150 - CITY OF KITCHENER Voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried. Clause 2 - Dealt with under Delegations and action deferred and referred to the April 30, 2001 meetings of the Finance and Administration Committee and Special Council. Clause 9 - Motion redundant and not considered as waste material was removed. Balance of report - Carried. 4. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. 5. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Carried. Councillor J. Smola advised that he has received complaints from residents living in the Ellen/Mansion Street area who have expressed concern regarding the late night noise at The Centre in the Square and the volume of bus traffic, including school buses, in the immediate area. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic "That the Board of Directors of the Centre in the Square be requested to direct their staff to hold a public meeting with Kitchener residents within the Civic Centre Neighbourhood Association boundary to address concerns relating to noise between the hours of 11 :00 p.m. and 7:00 a.m., and the volume of bus traffic on Ellen and Mansion Streets." Carried. Councillor B. Vrbanovic questioned how property standards violations were recorded in the City's records and how such information would be conveyed to potential property purchasers. Mr. J. Witmer advised that any violation is inserted into the municipal address file and that upon request from a lawyer acting for a client, the Department would issue a compliance letter which would include any recorded offences. He advised that to date the City has not registered violations on title. Councillor Vrbanovic suggested that consideration be given to registering the addresses of chronic violations on title. Staff were directed to prepare a report on the mechanics and costs of registering property standards violations on title for consideration at a future Finance and Administration Committee meeting. In reference to the City's upcoming consideration of revisions to the Sign By-law, Councillor C. Weylie was of the view that signs such as the large outdoor TV-style screen situate at the delta intersection in Cambridge should be considered within the by-law review. COUNCIL MINUTES APRIL 23, 2001 - 151 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That large outdoor TV-style signs be addressed by way of regulations as part of the review of revisions to the City's Sign By-law." Carried. Councillor C. Weylie noted that the deadline for nominations for the Mayor's Advisory Council for Kitchener Seniors "Awards of Distinction" is April 30, 2001. Councillor C. Weylie advised that a KOR Gallery fundraising event was being held on Monday, April 30, 2001 from 7:30 - 9:30 p.m to preview an exhibition of miniature musical instruments. Councillor G. Lorentz expressed appreciation for the efforts of staff in the promotion of the City's Earth Week activities and the events that took place at Trillium Park. Councillor Lorentz commented that it was almost six months since the 2000 Municipal Elections were held and requested that a meeting be arranged between Kitchener Councillors and Kitchener representatives sitting on Regional Council to discuss issues of mutual concern. Mayor C. Zehr fully agreed and indicated that he was attempting to set a date that would be suitable to as many elected representatives as possible. Councillor Lorentz also suggested consideration be given to holding a meeting for Kitchener Councillors to meet with senior Kitchener-Wilmot Hydro staff so as to obtain a better understanding of the Utility's operations. Mayor C. Zehr advised that the Annual Report of Kitchener-Wilmot Hydro would be presented shortly and also noted that information on the Utility's operations was readily available upon request from any Councillor. Mayor C. Zehr provided a brief update on the issue of tax policy that will be addressed April 25, 2001 at Regional Council. He noted that a number of municipalities indicated they would be unable to meet the April 30, 2001 deadline in this regard and the Province has extended it by one month. Mayor Zehr advised that Provincial changes in regard to tax ratios will result in a shift from commercial/industrial to residential assessment with an impact on the average residential taxpayer of approximately 2%. Ms. P. Houston confirmed that the 2% education reduction has not been implemented by the Province at this time. Councillor C. Weylie requested Council's endorsement of the appointment of Councillor B. Vrbanovic to the Federation of Canadian Municipalities Board of Directors. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Council endorse the appointment of Councillor B. Vrbanovic to the Board of Directors of the Federation of Canadian Municipalities." Carried. At the request of Mr. G. Sosnoski, the by-law listed on the agenda under Item 10(b) and 13(b) dealing with authorizing the City to remove waste from the property known as 191 Benton Street was withdrawn from the agenda as the property owner has now completed the required cleanup. 6. Moved by Councillor B. Vrbanovic 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 By-law 93-200 being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency. (b) To confirm all actions and proceedings of the Council. (c) Being a by-law to expand the Community Improvement Project Area for the Downtown. COUNCIL MINUTES APRIL 23, 2001 - 152 - CITY OF KITCHENER (d) Being a by-law to amend the Downtown Kitchener Community Improvement Plan. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - John Ordiway - Victoria Street South. (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Elfriede Czerlinski - Woolwich Street. (g) Being a by-law to repeal By-law 2001-58. (h) Being a by-law to provide for the establishing and laying out of part of Windrush Trail as a public highway in the City of Kitchener (i) To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (j) To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 7. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler "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. 8. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 93-200 being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency. (By-law No. 2001-71) (b) To confirm all actions and proceedings of the Council. (By-law No. 2001-72) (c) Being a by-law to expand the Community Improvement Project Area for the Downtown. (By-law No. 2001-73) (d) Being a by-law to amend the Downtown Kitchener Community Improvement Plan. (By-law No. 2001-74) (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - John Ordiway - Victoria Street South. (By-law No. 2001-75) COUNCIL MINUTES APRIL 23, 2001 - 153 - CITY OF KITCHENER (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Elfriede Czerlinski - Woolwich Street. (By-law No. 2001-76) (g) Being a by-law to repeal By-law 2001-58. (By-law No. 2001-77) (h) Being a by-law to provide for the establishing and laying out of part of Windrush Trail as a public highway in the City of Kitchener. (By-law No. 2001-78) (i) To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2001-79) (j) To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2001-80) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:20 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 23, 2001 - 154 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. That Zone Change Application ZC 00/33N/BS (163-165 Victoria Street South - John Ordiway) requesting a change in zoning from Convenience Commercial Zone (C-1) to Convenience Commercial Zone (C-1), with Special Use Provision 291 U, on lands legally described as Part of Lot 2, Registered Plan 104, municipally known as 163-165 Victoria Street, be approved, in the form shown in the attached "Proposed By-law", dated March 6, 2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 2. That Zone Change Application ZC 00/35/W/BS (268 Woolwich Street - Elfriede Czerlinski) requesting a change in zoning from Agricultural Zone (A-1) to Residential Three Zone (R-3), with Special Regulation Provisions 307R and 349R, on lands legally described as Part of Lots 66 and 125, German Company Tract, municipally known as part of 268 Woolwich Street, be approved, in the form shown in the attached "Proposed By-law", dated March 5, 2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 3. That Council direct the Business & Planning Services Department to review the land uses around the new Kitchener Market site as part of the Official Plan up-date, in conjunction with the new Market process. 4. That the City accept the Offer to Purchase from Costa Verde Construction Inc. for Part 6 on Reference Plan 58R-11564. The site has an approximate area of 1.59 acres (.64 hectares) and the offering price is $119,250; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. 5. That Council receive Business and Planning Services report BPS-01-052 (2000 Annual Report - Delegated Approval Activity) for information; and That BPS-01-052 be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement regarding Delegated Authority. COMMUNITY SERVICES COMMITTEE - 1. That Council accept and thank the Civic Centre Neighbourhood Association for their donation of $500. toward the installation of a flag pole in Hibner Park. 2. That the Mayor and Clerk be authorized to execute a revised agreement with Mike Teppo and Paul Parks to include operation of the Boathouse Tea Room, as well as concession rights, in Victoria Park, in a form satisfactory to the City Solicitor. 3. That authority be given to staff to reduce the amount of the debt owed to the City of Kitchener, as of December, 2000, by Mike Teppo, relative to his operation of the Boathouse Tea Room at Victoria Park; subject to staff's analysis of complete financial statements. 4. That the City of Kitchener continue to support the International Year of Volunteers initiatives; and, That the City officially recognize the collaborative work of the Community Wide International Year of Volunteers Committee; and further, That the City adopt the following four national values on a Municipal level as a means of celebrating International Year of Volunteers, and to guide future planning and program implementation: COUNCIL MINUTES APRIL 23, 2001 - 155 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) Value #1 Value #2 Volunteerism is a fundamental value in a civil society. Volunteerism benefits both volunteers and the causes they embrace. Dynamic growth in volunteerism is dependent on good volunteer program management. Knowledge development is an important element of growing volunteerism. Value #3 Value #4 5. That a grant of $5,000. be approved for the Community Wide International Year of Volunteers Committee, to assist with the cost of creating and installing a mural in downtown Kitchener to commemorate the International Year of Volunteers. 6. That Council adopt a by-law, in the form as attached to staff report KFD-01-002, to further amend By-law 93-200, The City of Kitchener Emergency Plan. 7. That the General Manager of Community Services; the Manager of Administrative Services, Community Services Department; or one of their alternates be authorized to execute the 'Use of Victoria Park Pavilion (V.P.P.) Offices - Letter of Understanding', in the form as attached to staff report CSD-01-052, for those groups currently using office space in the Victoria Park Pavilion, and any groups that may use office space there in the future. 8. That the City of Kitchener thank Kitchener-Wilmot Hydro Inc. for the 2001 grant of $25,000. to be used for tree planting in Kitchener; and further, That Council acknowledge Kitchener-Wilmot Hydro Inc. for the 11 years of financial contributions which, since 1990, have totalled $300,000. worth of tree planting and naturalization programs in Kitchener. 9. That the 'Cemeteries Sales and Marketing Plan', dated April, 2001 be approved; and further, That a Cemetery Services Associate be hired to implement the plan. FINANCE AND ADMINISTRATION COMMITTEE- 1. That the appeal of Ron Power to locate a hot dog cart at the Sunoco Car Shine, 945 Victoria Street North, be denied. (Dealt with under Delegations and Carried) 2. That the appeal of Ron Power to operate a hot dog cart at 520 King Street West be circulated to the neighbouring property owners for comment and be considered by Council on April 23, 2001. (Dealt with under Delegations and action deferred and referred to the April 30, 2001 meetings of Finance and Administration Committee and Special Council) 3. That Council reaffirm its November 2, 1998 resolution and conditions as they relate to acquisition of the Jungle Fries business by Ms. Cindy Ertel; and further, That her request for extension of permission to operate a chip wagon at 1615 Strasburg Road in 2001 be granted and be reviewed on a year to year basis; however, should the applications for an Official Plan Amendment and Zone Change be unsuccessful, the applicant shall be permitted to operate the subject business until the end of the current year. 4. That the request of the Angels Softball Club to sell food and souvenirs at the Peter Hallman Ball Yard on June 22, 23 and 24, 2001, be granted, provided the necessary licence, including Health and Fire approvals, is obtained; and further, That the Special Event licence fee of $25.00 be applicable. COUNCIL MINUTES APRIL 23, 2001 - 156 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 5. That the request of the Twin Cities Tackle Football League to sell food and beverages at the Bridgeport Park Football Field during league games from September to November 2001, be granted provided the necessary licence, including Health and Fire approvals, is obtained; and That this approval be subject to the conditions outlined in a letter dated March 21, 2001 from J. Cooper, Supervisor of Athletics - Community Services Department, being met; and further, That the Special Event licence fee of $25.00 be applicable. 6. That the Canadian Polish Congress of Kitchener-Waterloo, Cambridge and Guelph be granted permission to sell crafts and food at City Hall and Civic Square on May 27, 2001, provided the necessary licence, including Health and Fire approvals, is obtained. 7. That vacant land measuring approximately 58 feet x 150 feet described as Part of Lot 484, Plan 378 situated between 98 and 106 Strange Street, be declared surplus to the City's needs. 8. That part of the property located at the southeast corner of Sydney Street South and Mill Street described as Lot 348, Registered Plan 262, measuring about 27 feet x 117 feet be declared surplus to the City's needs; and further, That the balance of Lot 348, Plan 262, being about 13 feet x 117 feet be retained by the City for the widening of Mill Street. 9. That City Council consider a by-law at its meeting of April 23, 2001 authorizing the removal of waste material from 191 Benton Street, at the property owner's expense, if this has not been done by the owner on or before April 22,2001. (Motion redundant and not considered as waste material was removed) 10. That K-W Oktoberfest Inc. be granted permission to circulate Oktoberfest coins as trade dollars from June 1 to October 31, 2001. 11. That the revised Human Resources Policy 11-46 (Electronic Mail) and 11-95 (Internet-Acceptable Use), be approved as outlined in Corporate Services Department report CRPS-01-051 (D. Paterson), dated April 5, 2001, subject to revision reflecting that employees designated by the Chief Administrative Officer are authorized users of the electronic mail systems and resources. HERITAGE KITCHENER- 1. That Council receive as information the Heritage Kitchener report advising it does not support removing the one-way restriction along Doon Village Road; as such action would not be in keeping with the policies of By-law 88-17 'Upper Doon Heritage Conservation District'; and further, That the two written submissions of Mr. Richard Haalboom, submitted at the Heritage Kitchener meeting of April 6, 2001, and the written submission of Mr. David Jones, dated March 29, 2001, be forwarded to the staff of the Traffic and Parking Division for their consideration in preparing a report for Council. (Dealt with under Delegations and Carried, as Amended) 2. That pursuant to Section 43 of the Ontario Heritage Act, Council approve the application of the owner to alter the designated property municipally known as 253 Queen Street South (Foti Gallery) located in the Victoria Park Area Heritage Conservation District, as outlined in his Alteration Application dated March 6, 2001 and drawings A3.1 and A3.2 prepared by Robert Dyck, Architect; including the use of a 'natural grey' coloured exterior insulation finishing system, and the conversion of the window in the gable to a door; and further, COUNCIL MINUTES APRIL 23, 2001 - 157 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 2. (Cont'd) That the applicant give consideration to the following: a) revising the balcony railings to a vertical design, b) including a fenestration pattern on the south elevation; and, c) including transom lights over the balcony doors. PUBLIC WORKS AND TRANSPORTATION COMMITTEE- 1. That yield controls be converted to stop controls at the following locations: . Talbot Street at Patricia Avenue (facing northbound traffic) . Adelaide Street at Patricia Avenue (facing northbound traffic) . Circa Drive at Wellington Street (facing westbound traffic); and, That yield controls be removed from the following locations: . Carwood Avenue at Carwood Avenue (facing southbound traffic) . Courtland Avenue at Park Street (facing westbound traffic) . Shirley Avenue at Riverbend Drive (facing southbound traffic); and, That a stop control be installed on Carwood Avenue at Carwood Avenue (facing westbound traffic); and further, That the Uniform Traffic By-law be amended accordingly. 2. That an all-way stop be installed at the intersection of Vanier DrivelWalton Avenue; and further, That the Uniform Traffic By-law be amended accordingly. 3. That parking be prohibited on the south side of Belmont Avenue East from Queen's Boulevard to a point 156 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 4. That stopping be prohibited between the hours of 8:00 a.m. and 4:30 p.m. weekdays on the east side of Erinbrook Drive from Faircrest Court to a point 35 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES APRIL 23, 2001 - 158 - 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. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER- 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Stacy-Jo Hewitt, Jennifer Urquhart and Michelle Malott, employed at 1127 King Street East, Kitchener, be granted 2001 Adult Entertainment Parlour Attendant Licences." - and - "That Coretta Black, Pamela Volasko and Angela Cybulski, employed at 2271 Kingsway Drive, Kitchener, be granted 2001 Adult Entertainment Parlour Attendant Licences." - and - "That Kerim Fuentes-Coreas, employed at 4-808 Courtland Avenue East, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence." ii) Permanent Vendor It was resolved: "That a 2001 Permanent Vendor Licence be granted to Vincent Firetto for a business to operate at 210 Lorraine Avenue, Unit 1 B, Kitchener, under the name 'Cobblestone Estate Wines Inc.'." iii) Permanent Vendor/Place of Refreshment It was resolved: "That 2001 Permanent Vendor and Place of Refreshment Licences be granted to Andy Carvalho for a business to operate at 560 Fairway Road South, Kitchener, under the name 'AF.C. Hospitality Inc.'." iv) Ice Cream Vehicle Driver It was resolved: "That Tom Williamson be granted a 2001 Ice Cream Vehicle Driver Licence." v) Charitable Refreshment Stand It was resolved: "That the City of Kitchener grant the request of Habitat for Humanity Waterloo Region Inc., for permission to operate a refreshment stand on April 28, 2001, outside of the Queensmount Arena, 1260 Queens Blvd., Kitchener, provided the necessary licence, including Health and Fire approvals, is obtained; and further, COUNCIL MINUTES APRIL 23, 2001 - 159 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 1. Licences - (Cont'dl v) Charitable Refreshment Stand - (Cont'd) That the nominal fee of $10.00 be applicable." 2. EnQineerinQ AQreement - Stantec ConsultinQ Limited It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Hearthwood Subdivision, Stage 2, Plan 30T -87033." 3. Tethered Hot Air Balloon Approval ReQuests - Sundance Balloons/The DwellinQ Place It was resolved: "That Council approve the request from Sundance Balloons to permit tethered hot air balloon rides at the Kitchener Memorial Auditorium on May 6,2001." The request of The Dwelling Place regarding hot air balloon rides in Gzowski Park was dealt with under Delegations. 4. Addendum to MarketinQ Services AQreement - Quarrv InteQrated Communi- cations Inc. It was resolved: "That Council approve, and the Mayor and Clerk be authorized to sign to the satisfaction of the City Solicitor, an Addendum to the Marketing Agreement dated June 14, 2000, with Quarry Integrated Communications Inc. amending the 'terminating date' to March 1, 2002." 5. Execution of Quit Claim Deed - 43 Barclav Avenue It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all the rights of the City contained in Instrument No. A-3921, as renewed by Instrument Nos. B- 14408 and 1445149, respecting Lot 274, Registered Plan 230 and municipally known as 43 Barclay Avenue, Kitchener." 6. Various Tenders Dealt with under Delegations. 7. Committee of Adiustment The Committee was in receipt of correspondence from J. Billett, Secretary-Treasurer, Committee of Adjustment, dated April 4, 2001, recommending approval of a sign variance. It was resolved: "That Council ratify and confirm the April 3, 2001 decision of the Committee of Adjustment recommending approval of Submission No. SG 2001-004 --Lorchrist Properties Limited (276 King Street West)." COUNCIL MINUTES APRIL 23, 2001 - 160 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 8. Joint Enforcement of BuildinQ Code Act/ReQulation - Wilmot Township The Committee was in receipt of Business and Planning Services Department report BPS-01-058 (J. Witmer/ B. Stanley), dated April 17, 2001. It was resolved: "That Council approve the offer of services for plan examination/building inspection to assist in permit processing and inspection to the Township of Wilmot and that the Chief Building Official assume the duties of enforcement of the Building Code Act and the regulation for both municipalities for the contracted two year period, and further, That Council approve the hiring of a contract building/plumbing inspector for the two year term to complete the inspection and plan examination duties for the joint enforcement program with Wilmot Township." 9. Sale of Raffle Tickets - Heart & Stroke Foundation of Ontario The Committee was in receipt of Corporate Services Department report CRPS-01-055 (J. Koppeser), dated April 12, 2001. 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 June 7, 2001 to June 28, 2001 at the Global Television Studio, 81 Barber Green Rd., Don Mills, Ontario." 10. Sale of Raffle Tickets - K-W Sexual Assault Support Centre / Planned Parenthood Waterloo ReQion The Committee was in receipt of Corporate Services Department report CRPS-01-057 (J. Koppeser), dated April 18, 2001. It was resolved: "That the City of Kitchener has no objection to Kitchener-Waterloo Sexual Assault Support Centre (K-W SASC) and Planned Parenthood Waterloo Region (PPWR), both located at 151 Frederick St., Kitchener, Ontario, N2H 2M2, being granted permission to operate a raffle in the City of Kitchener on June 28, 2001 at 151 Frederick St., Kitchener, Ontario." 11. Community SiQnificance - Open Ears Festival of Music and Sound The Committee was in receipt this date of Corporate Services Department report CRPS-01-060 (J. Koppeser), dated April 23, 2001. It was resolved: "That the Open Ears, Kitchener's Festival of Music & Sound to be held in downtown Kitchener for the period May 2-6, 2001 inclusive be declared an "Event of Community Significance" as a celebration of the arts to allow the community as a whole to experience music." COUNCIL MINUTES APRIL 23, 2001 - 161 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 12. Refreshment Stand Licence - Kitchener PortuQuese Club The Committee was in receipt this date of Corporate Services Department report CRPS-01-062 (J. Koppeser), dated April 23, 2001. It was resolved: "That the City of Kitchener grant the request of the Kitchener Portuguese Club to operate a refreshment stand at the Kitchener Portuguese Club, 1548 Fischer Hallman Rd., Kitchener, on July 14, 2001 provided that the necessary licence, including Health and Fire approvals, is obtained." 13. Encroachment AQreement - Tress Salon (1 KinQ Street West) The Committee was in receipt this date of Legal Department report LEG-01-042 (L. MacDonald), dated April 23, 2001, recommending execution of an encroachment agreement. It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner of 1 King Street West, described as part of Part Lot 1, Registered Plan 381, and its tenant, the operator of Tress Salon, to permit the installation and maintenance of a projecting sign on the existing building which will encroach 30", more or less, over the Queen Street road allowance." 14. EnQineerinQ AQreement - Earth Tech (Canada) Inc. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Earth Tech (Canada) Inc. regarding the Victoria Street North Sanitary Sewer at Lackner Boulevard Local Improvement." COUNCIL MINUTES APRIL 23, 2001CITY 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 Yvonne Jarsch, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held April 2, 2001, and special meeting held April 9, 2001, 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, pecuniary interests were disclosed at an in-camera meeting of City Council held April 23, 2001 as follows: · Councillor B. Vrbanovic - labour relations matter · Councillor G. Lorentz - solicitor-client privilege matter · Councillor M. Galloway - solicitor-client privilege matter COMMUNICATIONS REFERRED DIRECTLY TO FILE – NIL (a)Letter dated March 29, 2001, from T. Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council’s resolution concerning Provincial funding for repairs to the Conestoga Dam and advising of a letter of support forwarded to the Ontario Superbuild Corporation. COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE – (a)Letter dated April 18, 2001, from G. Sosnoski, City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. He requested consideration of two additional matters as outlined in his memoranda dated April 23, 2001, distributed this date, dealing with: Expression of Interest E01-028, Consultant Services – Site Assessment and Remediation of Ralgreen Crescent and a request to waive policy relative to the selection of consultants and professional services and award the project for Development Assessment for a Downtown block to KPMG Chartered Accountants. Mr. William Kennaley appeared as a member of the Ralgreen Consultant Selection Committee to express his objection to the method utilized to recommend a consultant after evaluation of the two finalists. He noted that in the absence of Mr. Brad Yasui, the Committee had made a selection which was subsequently changed after Mr. Yasui was invited to make a selection. Mr. Kennaley maintained that Mr. Yasui had a responsibility to be present at the consultant selection meeting in order to have input into a recommendation. He suggested that the process agreed to was subverted and the City did not live up to its agreement with the non-plaintiffs. Ms. Tammy Zettel appeared as a member of the Ralgreen Consultant Selection Committee and advised that she had attended the selection meeting and that both she and Mr. Yasui favoured Frontline Environmental Management Inc. Councillor G. Lorentz commented on the process to date and stressed that the Selection Committee was attempting to conform to the terms of the Settlement Agreement. He noted that at the conclusion of the meeting, the Committee was faced with making a selection from two excellent firms and he had suggested Conestoga Rovers be chosen. He pointed out that Mr. J. Witmer had reached Mr. Yasui after the meeting who favoured selecting Frontline Environmental Management Inc. Councillor Lorentz supported Mr. Yasui’s choice on the basis that the plaintiffs should have the last word on the final selection. He commented that it would appear Mr. Kennaley was the only Committee member that was unhappy with the outcome and requested Council support the recommendation to approve Frontline Environmental Management Inc. Mr. J. Witmer also appeared as a delegation to accept full responsibility for the breakdown in communication with Mr. Yasui who was an integral part of the selection process. Councillor J. Ziegler fully supported Councillor Lorentz’s remarks and agreed that the selection decision follow the wishes of the plaintiff. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic A-1 Hydrant Services Ltd., “That Tender T01-040, Watermain Cleaning, be awarded to Scarborough, Ontario , at their tendered price of $96,855.30, plus G.S.T.” COUNCIL MINUTES APRIL 23, 2001144CITY OF KITCHENER - - - and - “That Tender T01-027, Fleet Vehicles (Tandem Rear Axle Cabs & Chassis) be awarded as Team Truck Centres, Kitchener, Ontario follows to, at their tendered price of $477,575., plus P.S.T. & G.S.T. Item #1 – Four (4) 58,000 lb. G.V.W. Tandem Rear Axle Conventional Cabs & Chassis, complete to specification CKF-310, at their tendered price of $361,432., plus G.S.T. and P.S.T. Item #2 – One (1) 58,000 lb. G.V.W. Tandem Rear Axle Conventional Cab & Chassis with a 15.4 cubic yard heated dump body, complete to specification CKF-281, at their tendered price of $116,143., plus G.S.T. and P.S.T.” - and - Turf Care Products “That Tender T01-044, Golf Cars & Beverage Cars, be awarded to Canada, Newmarket Ontario , at their tendered price of $77,782., which includes a trade in of $59,000. for twenty used golf cars, plus applicable taxes.” - and - ONX Incorporated, Toronto, “That Tender T01-051, Sun Network Server, be awarded to Ontario , at their tendered price of $75,377.15, plus P.S.T, and G.S.T.” - and - “That Expression of Interest E01-035, Consultant Services - Construction of Doon Village Stantec Consulting Ltd., Kitchener Road (Bechtel Drive to Tilt Drive), be awarded to at their estimated fee of $413,445., including G.S.T., and a contingency of $41,344., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That Tender T01-029, Fleet Vehicles (Automobile, Vans and Pick-up Truck) be awarded as follows: Item #1 – Two (2) Seven Passenger Mini Window Vans complete to specification CKF- Weiland Ford Sales Ltd., Kitchener, 95 - to at their tendered price of $46,916., plus G.S.T. and P.S.T. Steve Scherer Item #2 – One (1) Mini Cargo Van complete to specification CKF-83 - to Pontiac Buick, Kitchener, at their tendered price of $20,323., plus G.S.T. and P.S.T. Item #3 – One (1) Dual Rear Wheel Crew Cab and Chassis complete to specification Weiland Ford Sales Ltd., Kitchener, CKF-242 - to at their tendered price of $27,066., plus G.S.T. and P.S.T. Item #4 – One (1) Compact Four (4) Door Sedan complete to specification CKF-65 not be awarded at this time pending further investigation by the Fleet Division.” - and - “That Council waive the tendering procedure and allow the Manager of Purchasing to negotiate the supply of a portable building at the Chandler Community Centre, to an upset limit of $95,000.” - and - COUNCIL MINUTES APRIL 23, 2001145CITY OF KITCHENER - - “That Expression of Interest E01-028, Consultant Services – Site Assessment and Frontline Environmental Management Remediation of Ralgreen Crescent, be awarded to Inc., Kitchener, at their estimated fee of $278,200., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor.” - and - “That the Policy for the Selection of Consultants and Professional Services be waived and that Council award the project for Development Assessment of Downtown Block (bounded by King KPMG Chartered Accountants, Street, Young Street, Duke Street and Ontario Street) to Toronto, Ontario , at an estimated fee of $75,000.,subject to a satisfactory contract being negotiated and an upset fee being established.” Carried. Mr. Don Chapman, Facilitator of Special Events, Community Services Department, appeared as a delegation to present the Festival and Events Ontario Marketing Award for the City’s Festival of the Night undertaking. Mayor C. Zehr and Ms. Joan MacDonald accepted the Award on behalf of the City and Mayor Zehr expressed Council’s appreciation to staff for their effort and achievement in making the Festival such a success. Councillor B. Vrbanovic also added his personal congratulations to staff in the City’s Marketing Section for this and other events. Mr. Sid Nassif appeared as a delegation concerning grass-cutting charges that had been added to his property tax bill as a result of violation of property standards regulations with respect to property he owns on Amherst Drive. He indicated that the land parcel was approximately two acres and that it takes him over eight hours to cut the grass which he was only able to cut one hour at a time as a result of his lawn mower overheating. In response to Councillor J. Ziegler, he indicated that the City’s bill was $500. - $600. Councillor Ziegler commented that this was not a first time offense and questioned the rationale for the City applying the standard of a cut lawn to a vacant field. He questioned why the majority of the lands could not be left as a field provided there were no weeds and suggested that the grass cutting charges be forgiven. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler “That the request of Mr. Sid Nassif for relief from grass cutting charges imposed by the City relative to his property on Amherst Drive be deferred and referred to the May 14, 2001 Finance and Administration Committee meeting, to allow staff to present pictures of the subject property and address why the majority of the property, exclusive of the lands around the home, could not be treated as a field.” Carried. Pastor K.J. Weinberger, The Dwelling Place, appeared as a delegation in support of Item B.3 of the Committee of the Whole agenda pertaining to a request to permit tethered hot air balloon rides in Gzowski Park. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That Council approve the request from The Dwelling Place to permit tethered hot air balloon rides in Gzowski Park on May 6, 2001.” Carried. Mr. Orville Thacker, President, Waterloo Regional Council of Union Retirees, appeared as a delegation to read a submission which was circulated this date as further comment in follow-up to their petition opposing the wage and benefit package which Council approved and subsequently reduced. His presentation disputed the position taken by the members of City Council that the Provincial government was at fault in respect to the compensation issue due to its legislated reduction COUNCIL MINUTES APRIL 23, 2001146CITY OF KITCHENER - - in the size of City Council. Mr. Thacker indicated support for establishing a representative citizens’ committee to review Council compensation as set out in the April 2, 2001 Council resolution. He then left petitions that he indicated contained the signatures of another 2,000 residents opposing the compensation increase that Council originally awarded itself in January 2001. Mayor C. Zehr re- affirmed Council’s commitment to comply with the resolution approved April 2, 2001. In response to Mr. Thacker’s comment that the previous committee had been stacked with business representatives, he pointed out that the earlier Compensation Committee had included a mixture of representation from the public at large. Before making his presentation, Mr. Steve Vogel offered remarks in respect to the matter affecting Mr. Sid Nassif. He pointed out that following a similar circumstance involving his property, the City of Kitchener was supposed to have had a policy in place respecting naturalization which would address Mr. Nassif’s problem. Mr. Vogel then advised that in appearances before meetings of Public Works and Transportation Committee and Special Council on March 26, 2001 which dealt with the Highway 7 expansion project, he had requested ‘comparable costs’ be obtained and asked that the second paragraph on Page 105 of the Special Council minutes should reflect this as part of the amendments and should also be set out within the second last paragraph of the resolution on Page 106. He noted that the resolution seeks costs only with regard to the technically preferred alternative and does not request costs for the RW4 alternative. Mayor C. Zehr noted that it was Council’s position to deal only with the Highway 7 Project within Kitchener and at the point of the Grand River crossing. Mr. Vogel stated that there was a need for more open debate and that cost should be a large part of the consideration of this matter. Councillor B. Vrbanovic expressed the view that the March 26, 2001 resolution of Special Council reflects the issue and from the perspective of concerns relevant to the City of Kitchener. He commented that elected members of the Provincial Parliament were equally accountable in respect to this Project which was under Provincial jurisdiction and suggested that if information was unobtainable that such matter be brought to the attention of local MPPs. Mayor Zehr advised Mr. Vogel that he would make an attempt to obtain additional information from officials of the Ministry of Transportation of Ontario and the Region of Waterloo relative to costs of alternative proposals. Mr. Tim McCabe, Green Scheels Pidgeon Planning Consultants, appeared as a delegation on behalf of Lutheran Homes with respect to Council’s April 2, 2001 resolution pertaining to the matter of development charges related to the Lutheran Homes of Kitchener – Waterloo ‘Trinity Village’ Continuum Care Facility at 2727 Kingsway Drive. He commented that he thought Council direction was clear on this matter. However, a draft agreement dealing with deferral of development charges prepared by the City’s Legal Department assesses interest charges respecting 85 units and is silent on 35 additional units which suggests payment is required at this time; whereas, consideration of development charges for the 35 units was temporarily deferred and referred to the June 4, 2001 Finance and Administration Committee meeting. Mr. McCabe referred to a Legal Department staff report addressing issues relative to the development agreement and circulated correspondence dated April 18, 2001 from the Regional Clerk advising of an April 11, 2001 resolution of Regional Council regarding deferral of Regional development charges. In summary, Mr. McCabe requested that as direction to staff, Council re-affirm its April 2, 2001 resolution. This would involve deferral based on a credit arrangement without interest on 85 units; and, in reference to the 35 units, Mr. McCabe indicated his client would reluctantly agree to development charges being imposed at the time of building permit issuance for conversion of the existing facility. Councillor J. Ziegler concurred with Mr. McCabe’s understanding relative to this matter and noted that the draft agreement did not reflect Council intent. Mayor C. Zehr commented that timing was critical for this project to proceed and Councillor Ziegler noted that it was not necessary for an agreement to be executed prior to building permit issuance. Mr. J. Shivas offered comment as to revision of the draft agreement acknowledging the redevelopment allowance approach and not assessing any interest charges. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie “That Clause 2 of the Finance and Administration Committee report adopted by Council on April 2, 2001 respecting the Lutheran Homes of Kitchener-Waterloo ‘Trinity Village’ continuum care facility at 2727 Kingsway Drive, be re-affirmed; and, COUNCIL MINUTES APRIL 23, 2001147CITY OF KITCHENER - - That the draft Development Charges Deferral Agreement be revised to acknowledge the re- development allowance respecting 85 lodging units and that no interest charges apply on the 85 lodging units to replace the 85 lodging units in the existing building and no interest charges apply on the 35 additional units until the time that building permits are issued for the conversion of the existing building to its proposed use; and further, That the Legal Department incorporate wording in the Agreement in accordance with the intent of Council’s resolutions pertaining to this matter.” Carried. Mr. Ron Power appeared as a delegation with regard to Clause 1 and Clause 2 of the Finance and Administration Committee report, the latter dealing with his request to operate a hot dog cart at 520 King Street West. Mayor C. Zehr advised that Council was circulated with a memorandum from the Manager of Licensing advising of a verbal objection received this date from the operator of the Subway sandwich business on the opposite side of King Street. Mr. Power indicated that he had previously talked with a Subway staff person who had no objection and advised that neither Zeke’s nor McDonald’s restaurants had any objection to his request. Councillor J. Smola acknowledged the objection received this date but was of the view that any objection must be in writing. Accordingly, he suggested this matter be deferred to allow for a written objection to be filed. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler “That consideration of Clause 2 of the Finance and Administration Committee report be deferred and referred to the April 30, 2001 meetings of the Finance and Administration Committee and Special Council for consideration of any written objection to the operation of a hot dog cart at 520 King Street West.” Carried. Councillor J. Ziegler requested that staff determine if a requirement for such written objection was in Municipal Code Chapter 586 (Refreshment Vehicles) and if not, that a by-law to amend the Code be enacted to provide that only written objections will be considered. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That Clause 1 of the Finance and Administration Committee report be adopted.” Carried. Mr. Ernest Lucy appeared as a delegation with respect to Clause 1 of the Heritage Kitchener report dealing with the one-way vehicular restriction on Doon Village Road. He acknowledged that the Traffic Division was undertaking a study in this regard but asked that two issues be kept in mind given that Doon Village Road had the width of two lanes but did not have any shoulders. Firstly, he noted that in the wintertime, children walk in the middle of the road almost out of necessity but also do the same in summer. Secondly, Mr. Lucy commented on protection of the Heritage District and noted that it was expected as Upper Doon developed, traffic would be disrupted on Doon Village Road. He referred to the history of the one-way operation which he indicated was to be temporary until the Doon Village Road By-pass was constructed. Accordingly, he requested that the one-way restriction remain in place at this time. Mr. R. Haalboom was also registered as a delegation but declined to make a presentation. Councillor M. Galloway advised that the staff report from the Traffic and Parking Division was intended to be considered at the April 30, 2001 Public Works and Transportation Committee meeting but may be scheduled for the following meeting on May 14, 2001. Clause 1 of the Heritage Kitchener report was moved by Councillor M. Galloway, seconded by Councillor B. Vrbanovic, who accepted a friendly amendment proposed by Councillor J. Ziegler to COUNCIL MINUTES APRIL 23, 2001148CITY OF KITCHENER - - reflect that Council receive the recommendation as information so as not to construe that Council was endorsing the Heritage Kitchener position. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That Clause 1, as amended, of the Heritage Kitchener report be adopted.” Carried. Mr. Dimitri Nenkov appeared as a delegation respecting Application #261 listed as Items 59 & 60 of the Summary of Applications for Cancellation, Refund, Reduction or Levy of Taxes listed on the agenda for consideration this date. He was of the view that the calculations related to a financial adjustment were not correct based on the rate applied to the commercial and residential assessment categories. Following comment from Ms. P. Houston, Councillor J. Ziegler recommended Council approve the adjustment amounts outlined in the Summary and that following staff consultation with Mr. Nenkov, a further adjustment could be made, if warranted, at the April 30, 2001 Special Council meeting. Mr. Nenkov then posed questions with respect to legislated assessment policy relating to reduction of the commercial ratio and the method by which home businesses are dealt with. Mayor C. Zehr remarked on business taxes being rolled into the tax levy in 1998 and the Provincial guidelines establishing a fairness ratio which were dealt with by the Region of Waterloo on behalf of all municipalities within the Region. Mayor C. Zehr requested that at the time Ms. Houston meets with Mr. Nenkov to address his calculation concerns, that an explanation also be given as to how the ratio has affected his property. Mr. Laverne Kocher appeared as a delegation with regard to tax reduction Application #295 & 296 listed as Items #28 & 29 of the Summary of Applications for Cancellation, Refund, Reduction or Levy of Taxes. He advised that since purchasing his home he had questioned his property assessment each year as he was aware of neighbours having substantially lower assessment but had been continually assured by assessment officials that valuations were correct. He noted that as a result of a recent appraisal of his property, which was some $40,000. less than the assessed valuation, Ontario Property Assessment Corporation officials have now confirmed that his property had been over-assessed. Mr. Kocher stated that in his opinion he was entitled to a refund covering all of the years that he had been over-assessed but had been advised that legally this could not be done, which he maintained was unfair. Ms. P. Houston confirmed that Provincial legislation limits such tax adjustment applications to the current tax year plus two prior years. Council then dealt with the recommendations in the tax adjustment summary including the applications of Mr. Dimitri Nenkov (Items #59 & 60) and Mr. Laverne Kocher (Items #28 & 29). Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic “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. As a final comment, Mr. Kocher indicated that he had requested, but not yet received, information from the Ontario Property Assessment Corporation detailing how its’ staff assess properties and what features were included. Ms. Linda Homeniuk appeared as a delegation with respect to Clause 3 of the Finance and Administration Committee report adopted by Council on April 2, 2001 in which it approved the request of Homeniuk Rides to hold a midway at Weiland Ford April 19-22, 2001. Due to the inclement weather on the weekend of April 19-22, 2001, Ms. Homeniuk requested an extension of her approval so as to operate on April 26-29, 2001, inclusive in accordance with the same terms and conditions of the earlier approval. COUNCIL MINUTES APRIL 23, 2001149CITY OF KITCHENER - - Councillor J. Ziegler advised that the neighbourhood was not objecting to the midway operation and that Homeniuk Rides had been very cooperative in adhering to the conditions imposed with respect to the operation. As well, he indicated that staff of Homeniuk Rides have volunteered to clean up neighbourhood litter from the block of land on which McDonald’s is situated. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz “That the request of Homeniuk Rides Inc. for an extension to their midway at Weiland Ford, 707 Ottawa Street South, from April 26-29, 2001 be approved subject to the same conditions as set out in Council’s original approval given April 2, 2001.” Carried. Ms. Jodie Desbiens appeared as a delegation in respect to her escort service business which in her opinion was being negatively impacted by other escort services which she suggested are offering services of a sexual nature. She questioned whether escort service businesses that were advertising in The Record had obtained a Master Business Licence so as to meet the newspaper’s advertising policy requirement. Further, she expressed concern that there are no regulations governing the operation of escort services and that a tracking system was needed for employees of these businesses to address such issues as earnings, taxation and other matters. In response to Mayor C. Zehr, Mr. G. Sosnoski advised that City staff were working on a report to address the operations of such businesses for consideration by Council in May, and noted that other municipalities have expressed similar concerns. Ms. Desbiens requested that escort services providing in-call services be shut down and Councillor B. Vrbanovic suggested Mayor C. Zehr bring the matters raised by the delegation to the attention of the Waterloo Regional Police Services Board. Mr. Roy Paiva, Vice-President, Kitchener Portuguese Club Inc., appeared as a delegation in support of the Club’s April 16, 2001 request for permission to serve food on July 14, 2001 in connection with an event to raise monies for a building fund to improve and build new facilities in the Club. Council was in receipt of Corporate Services Department report CRPS-01-062 dated April 23, 2001 from J. Koppeser pertaining to this matter. Moved by Councillor G. Lorentz Seconded by Councillor M. Galloway “That the City of Kitchener grant the request of the Kitchener Portuguese Club to operate a refreshment stand at the Kitchener Portuguese Club, 1548 Fischer-Hallman Road, Kitchener, on July 14, 2001, provided the necessary licence, including Health and Fire approvals, is obtained.” Carried. 1.Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler “That the report of the Planning and Economic Development Committee be adopted.” Carried. 2.Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic “That the report of the Community Services Committee be adopted.” Carried. 3.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance and Administration Committee be adopted.” COUNCIL MINUTES APRIL 23, 2001150CITY OF KITCHENER - - Voted on Clause by Clause. Dealt with under Delegations and Clause 1 – Carried. Dealt with under Delegations and Clause 2 - action deferred and referred to the April 30, 2001 meetings of the Finance and Administration Committee and Special Council. Motion redundant and not considered Clause 9 – as waste material was removed. Carried. Balance of report – 4.Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That the report of Heritage Kitchener be adopted.” Voted on Clause by Clause. Dealt with under Delegations and Clause 1 – Carried, as Amended. Carried. Balance of report – 5.Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That the report of the Public Works and Transportation Committee be adopted.” Carried. Councillor J. Smola advised that he has received complaints from residents living in the Ellen/Mansion Street area who have expressed concern regarding the late night noise at The Centre in the Square and the volume of bus traffic, including school buses, in the immediate area. Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That the Board of Directors of the Centre in the Square be requested to direct their staff to hold a public meeting with Kitchener residents within the Civic Centre Neighbourhood Association boundary to address concerns relating to noise between the hours of 11:00 p.m. and 7:00 a.m., and the volume of bus traffic on Ellen and Mansion Streets.” Carried. Councillor B. Vrbanovic questioned how property standards violations were recorded in the City’s records and how such information would be conveyed to potential property purchasers. Mr. J. Witmer advised that any violation is inserted into the municipal address file and that upon request from a lawyer acting for a client, the Department would issue a compliance letter which would include any recorded offences. He advised that to date the City has not registered violations on title. Councillor Vrbanovic suggested that consideration be given to registering the addresses of chronic violations on title. Staff were directed to prepare a report on the mechanics and costs of registering property standards violations on title for consideration at a future Finance and Administration Committee meeting. In reference to the City’s upcoming consideration of revisions to the Sign By-law, Councillor C. Weylie was of the view that signs such as the large outdoor TV-style screen situate at the delta intersection in Cambridge should be considered within the by-law review. COUNCIL MINUTES APRIL 23, 2001151CITY OF KITCHENER - - Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That large outdoor TV-style signs be addressed by way of regulations as part of the review of revisions to the City’s Sign By-law.” Carried. Councillor C. Weylie noted that the deadline for nominations for the Mayor’s Advisory Council for Kitchener Seniors “Awards of Distinction” is April 30, 2001. Councillor C. Weylie advised that a KOR Gallery fundraising event was being held on Monday, April 30, 2001 from 7:30 – 9:30 p.m to preview an exhibition of miniature musical instruments. Councillor G. Lorentz expressed appreciation for the efforts of staff in the promotion of the City’s Earth Week activities and the events that took place at Trillium Park. Councillor Lorentz commented that it was almost six months since the 2000 Municipal Elections were held and requested that a meeting be arranged between Kitchener Councillors and Kitchener representatives sitting on Regional Council to discuss issues of mutual concern. Mayor C. Zehr fully agreed and indicated that he was attempting to set a date that would be suitable to as many elected representatives as possible. Councillor Lorentz also suggested consideration be given to holding a meeting for Kitchener Councillors to meet with senior Kitchener-Wilmot Hydro staff so as to obtain a better understanding of the Utility’s operations. Mayor C. Zehr advised that the Annual Report of Kitchener-Wilmot Hydro would be presented shortly and also noted that information on the Utility’s operations was readily available upon request from any Councillor. Mayor C. Zehr provided a brief update on the issue of tax policy that will be addressed April 25, 2001 at Regional Council. He noted that a number of municipalities indicated they would be unable to meet the April 30, 2001 deadline in this regard and the Province has extended it by one month. Mayor Zehr advised that Provincial changes in regard to tax ratios will result in a shift from commercial/industrial to residential assessment with an impact on the average residential taxpayer of approximately 2%. Ms. P. Houston confirmed that the 2% education reduction has not been implemented by the Province at this time. Councillor C. Weylie requested Council’s endorsement of the appointment of Councillor B. Vrbanovic to the Federation of Canadian Municipalities Board of Directors. Moved by Councillor C. Weylie Seconded by Councillor J. Smola “That Council endorse the appointment of Councillor B. Vrbanovic to the Board of Directors of the Federation of Canadian Municipalities.” Carried. At the request of Mr. G. Sosnoski, the by-law listed on the agenda under Item 10(b) and 13(b) dealing with authorizing the City to remove waste from the property known as 191 Benton Street was withdrawn from the agenda as the property owner has now completed the required cleanup. 6.Moved by Councillor B. Vrbanovic 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 By-law 93-200 being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency. (b)To confirm all actions and proceedings of the Council. (c) Being a by-law to expand the Community Improvement Project Area for the Downtown. COUNCIL MINUTES APRIL 23, 2001152CITY OF KITCHENER - - (d)Being a by-law to amend the Downtown Kitchener Community Improvement Plan. (e)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – John Ordiway – Victoria Street South. (f)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Elfriede Czerlinski – Woolwich Street. (g)Being a by-law to repeal By-law 2001-58. (h)Being a by-law to provide for the establishing and laying out of part of Windrush Trail as a public highway in the City of Kitchener (i)To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (j)To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 7.Moved by Councillor J. Smola Seconded by Councillor J. Ziegler “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. 8.Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz “That the by-laws listed on the agenda for third reading, namely: (a)Being a by-law to amend By-law 93-200 being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency. (By-law No. 2001-71) (b)To confirm all actions and proceedings of the Council. (By-law No. 2001-72) (c) Being a by-law to expand the Community Improvement Project Area for the Downtown. (By-law No. 2001-73) (d)Being a by-law to amend the Downtown Kitchener Community Improvement Plan. (By-law No. 2001-74) (e)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – John Ordiway – Victoria Street South. (By-law No. 2001-75) COUNCIL MINUTES APRIL 23, 2001153CITY OF KITCHENER - - (f)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Elfriede Czerlinski – Woolwich Street. (By-law No. 2001-76) (g)Being a by-law to repeal By-law 2001-58. (By-law No. 2001-77) (h)Being a by-law to provide for the establishing and laying out of part of Windrush Trail as a public highway in the City of Kitchener. (By-law No. 2001-78) (i)To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2001-79) (j)To further amend By-law 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2001-80) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 9:20 p.m. MAYORCLERK COUNCIL MINUTES APRIL 23, 2001154CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1.That Zone Change Application ZC 00/33/V/BS (163-165 Victoria Street South - John Ordiway) requesting a change in zoning from Convenience Commercial Zone (C-1) to Convenience Commercial Zone (C-1), with Special Use Provision 291U, on lands legally described as Part of Lot 2, Registered Plan 104, municipally known as 163-165 Victoria Street, be approved, in the form shown in the attached “Proposed By-law”, dated March 6, 2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan. 2.That Zone Change Application ZC 00/35/W/BS (268 Woolwich Street - Elfriede Czerlinski) requesting a change in zoning from Agricultural Zone (A-1) to Residential Three Zone (R-3), with Special Regulation Provisions 307R and 349R, on lands legally described as Part of Lots 66 and 125, German Company Tract, municipally known as part of 268 Woolwich Street, be approved, in the form shown in the attached “Proposed By-law”, dated March 5, 2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan. 3.That Council direct the Business & Planning Services Department to review the land uses around the new Kitchener Market site as part of the Official Plan up-date, in conjunction with the new Market process. 4.That the City accept the Offer to Purchase from Costa Verde Construction Inc. for Part 6 on Reference Plan 58R-11564. The site has an approximate area of 1.59 acres (.64 hectares) and the offering price is $119,250; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. 5.That Council receive Business and Planning Services report BPS-01-052 (2000 Annual Report - Delegated Approval Activity) for information; and That BPS-01-052 be submitted to the Regional Municipality of Waterloo in fulfillment of Clause 22.1 of the Administrative Agreement regarding Delegated Authority. COMMUNITY SERVICES COMMITTEE – 1. That Council accept and thank the Civic Centre Neighbourhood Association for their donation of $500. toward the installation of a flag pole in Hibner Park. 2. That the Mayor and Clerk be authorized to execute a revised agreement with Mike Teppo and Paul Parks to include operation of the Boathouse Tea Room, as well as concession rights, in Victoria Park, in a form satisfactory to the City Solicitor. 3. That authority be given to staff to reduce the amount of the debt owed to the City of Kitchener, as of December, 2000, by Mike Teppo, relative to his operation of the Boathouse Tea Room at Victoria Park; subject to staff’s analysis of complete financial statements. 4. That the City of Kitchener continue to support the International Year of Volunteers initiatives; and, That the City officially recognize the collaborative work of the Community Wide International Year of Volunteers Committee; and further, That the City adopt the following four national values on a Municipal level as a means of celebrating International Year of Volunteers, and to guide future planning and program implementation: COUNCIL MINUTES APRIL 23, 2001155CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 4.(Cont’d) Value #1 – Volunteerism is a fundamental value in a civil society. Value #2 – Volunteerism benefits both volunteers and the causes they embrace. Value #3 – Dynamic growth in volunteerism is dependent on good volunteer program management. Value #4– Knowledge development is an important element of growing volunteerism. 5. That a grant of $5,000. be approved for the Community Wide International Year of Volunteers Committee, to assist with the cost of creating and installing a mural in downtown Kitchener to commemorate the International Year of Volunteers. 6. That Council adopt a by-law, in the form as attached to staff report KFD-01-002, to further amend By-law 93-200, The City of Kitchener Emergency Plan. 7. That the General Manager of Community Services; the Manager of Administrative Services, Community Services Department; or one of their alternates be authorized to execute the ‘Use of Victoria Park Pavilion (V.P.P.) Offices – Letter of Understanding’, in the form as attached to staff report CSD-01-052, for those groups currently using office space in the Victoria Park Pavilion, and any groups that may use office space there in the future. 8. That the City of Kitchener thank Kitchener-Wilmot Hydro Inc. for the 2001 grant of $25,000. to be used for tree planting in Kitchener; and further, That Council acknowledge Kitchener-Wilmot Hydro Inc. for the 11 years of financial contributions which, since 1990, have totalled $300,000. worth of tree planting and naturalization programs in Kitchener. 9. That the ‘Cemeteries Sales and Marketing Plan’, dated April, 2001 be approved; and further, That a Cemetery Services Associate be hired to implement the plan. FINANCE AND ADMINISTRATION COMMITTEE – 1. That the appeal of Ron Power to locate a hot dog cart at the Sunoco Car Shine, 945 Victoria Street North, be denied. (Dealt with under Delegations and Carried) 2. That the appeal of Ron Power to operate a hot dog cart at 520 King Street West be circulated to the neighbouring property owners for comment and be considered by Council on April 23, 2001. (Dealt with under Delegations and action deferred and referred to the April 30, 2001 meetings of Finance and Administration Committee and Special Council) 3. That Council reaffirm its November 2, 1998 resolution and conditions as they relate to acquisition of the Jungle Fries business by Ms. Cindy Ertel; and further, That her request for extension of permission to operate a chip wagon at 1615 Strasburg Road in 2001 be granted and be reviewed on a year to year basis; however, should the applications for an Official Plan Amendment and Zone Change be unsuccessful, the applicant shall be permitted to operate the subject business until the end of the current year. 4. That the request of the Angels Softball Club to sell food and souvenirs at the Peter Hallman Ball Yard on June 22, 23 and 24, 2001, be granted, provided the necessary licence, including Health and Fire approvals, is obtained; and further, That the Special Event licence fee of $25.00 be applicable. COUNCIL MINUTES APRIL 23, 2001156CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE – (CONT’D) 5. That the request of the Twin Cities Tackle Football League to sell food and beverages at the Bridgeport Park Football Field during league games from September to November 2001, be granted provided the necessary licence, including Health and Fire approvals, is obtained; and That this approval be subject to the conditions outlined in a letter dated March 21, 2001 from J. Cooper, Supervisor of Athletics - Community Services Department, being met; and further, That the Special Event licence fee of $25.00 be applicable. 6. That the Canadian Polish Congress of Kitchener-Waterloo, Cambridge and Guelph be granted permission to sell crafts and food at City Hall and Civic Square on May 27, 2001, provided the necessary licence, including Health and Fire approvals, is obtained. 7. That vacant land measuring approximately 58 feet x 150 feet described as Part of Lot 484, Plan 378 situated between 98 and 106 Strange Street, be declared surplus to the City’s needs. 8. That part of the property located at the southeast corner of Sydney Street South and Mill Street described as Lot 348, Registered Plan 262, measuring about 27 feet x 117 feet be declared surplus to the City’s needs; and further, That the balance of Lot 348, Plan 262, being about 13 feet x 117 feet be retained by the City for the widening of Mill Street. 9. That City Council consider a by-law at its meeting of April 23, 2001 authorizing the removal of waste material from 191 Benton Street, at the property owner’s expense, if this has not been done by the owner on or before April 22, 2001. (Motion redundant and not considered as waste material was removed) 10. That K-W Oktoberfest Inc. be granted permission to circulate Oktoberfest coins as trade dollars from June 1 to October 31, 2001. 11. That the revised Human Resources Policy II-46 (Electronic Mail) and II-95 (Internet-Acceptable Use), be approved as outlined in Corporate Services Department report CRPS-01-051 (D. Paterson), dated April 5, 2001, subject to revision reflecting that employees designated by the Chief Administrative Officer are authorized users of the electronic mail systems and resources. HERITAGE KITCHENER – 1. That Council receive as information the Heritage Kitchener report advising it does not support removing the one-way restriction along Doon Village Road; as such action would not be in keeping with the policies of By-law 88-17 ‘Upper Doon Heritage Conservation District’; and further, That the two written submissions of Mr. Richard Haalboom, submitted at the Heritage Kitchener meeting of April 6, 2001, and the written submission of Mr. David Jones, dated March 29, 2001, be forwarded to the staff of the Traffic and Parking Division for their consideration in preparing a report for Council. (Dealt with under Delegations and Carried, as Amended) 2. That pursuant to Section 43 of the Ontario Heritage Act, Council approve the application of the owner to alter the designated property municipally known as 253 Queen Street South (Foti Gallery) located in the Victoria Park Area Heritage Conservation District, as outlined in his Alteration Application dated March 6, 2001 and drawings A3.1 and A3.2 prepared by Robert Dyck, Architect; including the use of a ‘natural grey’ coloured exterior insulation finishing system, and the conversion of the window in the gable to a door; and further, COUNCIL MINUTES APRIL 23, 2001157CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – (CONT’D) 2.(Cont’d) That the applicant give consideration to the following: a) revising the balcony railings to a vertical design, b) including a fenestration pattern on the south elevation; and, c) including transom lights over the balcony doors. PUBLIC WORKS AND TRANSPORTATION COMMITTEE – 1. That yield controls be converted to stop controls at the following locations: · Talbot Street at Patricia Avenue (facing northbound traffic) · Adelaide Street at Patricia Avenue (facing northbound traffic) · Circa Drive at Wellington Street (facing westbound traffic); and, That yield controls be removed from the following locations: · Carwood Avenue at Carwood Avenue (facing southbound traffic) · Courtland Avenue at Park Street (facing westbound traffic) · Shirley Avenue at Riverbend Drive (facing southbound traffic); and, That a stop control be installed on Carwood Avenue at Carwood Avenue (facing westbound traffic); and further, That the Uniform Traffic By-law be amended accordingly. 2. That an all-way stop be installed at the intersection of Vanier Drive/Walton Avenue; and further, That the Uniform Traffic By-law be amended accordingly. 3. That parking be prohibited on the south side of Belmont Avenue East from Queen’s Boulevard to a point 156 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 4. That stopping be prohibited between the hours of 8:00 a.m. and 4:30 p.m. weekdays on the east side of Erinbrook Drive from Faircrest Court to a point 35 metres north thereof; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES APRIL 23, 2001158CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 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. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – 1.Licences i)Adult Entertainment Parlour Attendant It was resolved: “That Stacy-Jo Hewitt, Jennifer Urquhart and Michelle Malott, employed at 1127 King Street East, Kitchener, be granted 2001 Adult Entertainment Parlour Attendant Licences.” - and - “That Coretta Black, Pamela Volasko and Angela Cybulski, employed at 2271 Kingsway Drive, Kitchener, be granted 2001 Adult Entertainment Parlour Attendant Licences.” - and - “That Kerim Fuentes-Coreas, employed at 4-808 Courtland Avenue East, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence.” ii)Permanent Vendor It was resolved: “That a 2001 Permanent Vendor Licence be granted to Vincent Firetto for a business to operate at 210 Lorraine Avenue, Unit 1B, Kitchener, under the name ‘Cobblestone Estate Wines Inc.’.” iii)Permanent Vendor/Place of Refreshment It was resolved: “That 2001 Permanent Vendor and Place of Refreshment Licences be granted to Andy Carvalho for a business to operate at 560 Fairway Road South, Kitchener, under the name ‘A.F.C. Hospitality Inc.’.” iv)Ice Cream Vehicle Driver It was resolved: “That Tom Williamson be granted a 2001 Ice Cream Vehicle Driver Licence.” v)Charitable Refreshment Stand It was resolved: “That the City of Kitchener grant the request of Habitat for Humanity Waterloo Region Inc., for permission to operate a refreshment stand on April 28, 2001, outside of the Queensmount Arena, 1260 Queens Blvd., Kitchener, provided the necessary licence, including Health and Fire approvals, is obtained; and further, COUNCIL MINUTES APRIL 23, 2001159CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 1.Licences – (Cont’d) v)Charitable Refreshment Stand – (Cont’d) That the nominal fee of $10.00 be applicable.” 2.Engineering Agreement - Stantec Consulting Limited It was resolved: “That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Hearthwood Subdivision, Stage 2, Plan 30T-87033.” 3.Tethered Hot Air Balloon Approval Requests – Sundance Balloons/The Dwelling Place It was resolved: “That Council approve the request from Sundance Balloons to permit tethered hot air balloon rides at the Kitchener Memorial Auditorium on May 6, 2001.” The request of The Dwelling Place regarding hot air balloon rides in Gzowski Park was dealt with under Delegations. 4.Addendum to Marketing Services Agreement - Quarry Integrated Communi- cations Inc. It was resolved: “That Council approve, and the Mayor and Clerk be authorized to sign to the satisfaction of the City Solicitor, an Addendum to the Marketing Agreement dated June 14, 2000, with Quarry Integrated Communications Inc. amending the ‘terminating date’ to March 1, 2002.” 5.Execution of Quit Claim Deed – 43 Barclay Avenue It was resolved: “That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all the rights of the City contained in Instrument No. A-3921, as renewed by Instrument Nos. B- 14408 and 1445149, respecting Lot 274, Registered Plan 230 and municipally known as 43 Barclay Avenue, Kitchener.” 6.Various Tenders Dealt with under Delegations. 7.Committee of Adjustment The Committee was in receipt of correspondence from J. Billett, Secretary-Treasurer, Committee of Adjustment, dated April 4, 2001, recommending approval of a sign variance. It was resolved: “That Council ratify and confirm the April 3, 2001 decision of the Committee of Adjustment recommending approval of Submission No. SG 2001-004 -–Lorchrist Properties Limited (276 King Street West).” COUNCIL MINUTES APRIL 23, 2001160CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 8.Joint Enforcement of Building Code Act/Regulation – Wilmot Township The Committee was in receipt of Business and Planning Services Department report BPS-01-058 (J. Witmer/ B. Stanley), dated April 17, 2001. It was resolved: “That Council approve the offer of services for plan examination/building inspection to assist in permit processing and inspection to the Township of Wilmot and that the Chief Building Official assume the duties of enforcement of the Building Code Act and the regulation for both municipalities for the contracted two year period, and further, That Council approve the hiring of a contract building/plumbing inspector for the two year term to complete the inspection and plan examination duties for the joint enforcement program with Wilmot Township.” 9.Sale of Raffle Tickets – Heart & Stroke Foundation of Ontario The Committee was in receipt of Corporate Services Department report CRPS-01-055 (J. Koppeser), dated April 12, 2001. It was resolved: “That the City of Kitchener has no objection to the Heart and Stroke Foundation of th Ontario, 1920 Yonge St., 4 Flr., 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 June 7, 2001 to June 28, 2001 at the Global Television Studio, 81 Barber Green Rd., Don Mills, Ontario.” 10.Sale of Raffle Tickets – K-W Sexual Assault Support Centre / Planned Parenthood Waterloo Region The Committee was in receipt of Corporate Services Department report CRPS-01-057 (J. Koppeser), dated April 18, 2001. It was resolved: “That the City of Kitchener has no objection to Kitchener-Waterloo Sexual Assault Support Centre (K-W SASC) and Planned Parenthood Waterloo Region (PPWR), both located at 151 Frederick St., Kitchener, Ontario, N2H 2M2, being granted permission to operate a raffle in the City of Kitchener on June 28, 2001 at 151 Frederick St., Kitchener, Ontario.” 11.Community Significance – Open Ears Festival of Music and Sound The Committee was in receipt this date of Corporate Services Department report CRPS-01-060 (J. Koppeser), dated April 23, 2001. It was resolved: “That the Open Ears, Kitchener’s Festival of Music & Sound to be held in downtown Kitchener for the period May 2-6, 2001 inclusive be declared an “Event of Community Significance” as a celebration of the arts to allow the community as a whole to experience music.” COUNCIL MINUTES APRIL 23, 2001161CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 12.Refreshment Stand Licence – Kitchener Portuguese Club The Committee was in receipt this date of Corporate Services Department report CRPS-01-062 (J. Koppeser), dated April 23, 2001. It was resolved: “That the City of Kitchener grant the request of the Kitchener Portuguese Club to operate a refreshment stand at the Kitchener Portuguese Club, 1548 Fischer Hallman Rd., Kitchener, on July 14, 2001 provided that the necessary licence, including Health and Fire approvals, is obtained.” 13.Encroachment Agreement – Tress Salon (1 King Street West) The Committee was in receipt this date of Legal Department report LEG-01-042 (L. MacDonald), dated April 23, 2001, recommending execution of an encroachment agreement. It was resolved: “That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner of 1 King Street West, described as part of Part Lot 1, Registered Plan 381, and its tenant, the operator of Tress Salon, to permit the installation and maintenance of a projecting sign on the existing building which will encroach 30”, more or less, over the Queen Street road allowance.” 14.Engineering Agreement – Earth Tech (Canada) Inc. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Earth Tech (Canada) Inc. regarding the Victoria Street North Sanitary Sewer at Lackner Boulevard Local Improvement."