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HomeMy WebLinkAboutCouncil Minutes - 2001-09-17COUNCIL MINUTES SEPTEMBER 17, 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 Dana Wagner, King School of Vocal. Mayor C. Zehr, reflecting on the horrific tragedy which occurred in the United States on Tuesday, September 11, 2001, reiterated comments made at a Memorial Service held at City Hall on September 14, 2001, expressing emotions of disbelief, sorrow and anger, and offering sympathy and support to all who experienced loss in this senseless acts of terrorism. At the request of Mayor Zehr, the Council and those in attendance stood to observe a minute of silence out of respect for the victims and rescue workers who lost their lives during the course of these tragic events, and in support of their grieving families. On motion by Councillor J. Smola, the minutes of the regular meeting held August 27, 2001, and special meetings held August 27 and September 10, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE (a)Letter dated August 16, 2001, from Hon. Michael Harris, Premier of Ontario, acknowledging receipt of Council’s resolution concerning municipal rights-of-ways. (b)Letter dated August 17, 2001, from T. Arnott, MPP – Waterloo-Wellington, acknowledging receipt of Council’s resolution concerning a postponement request concerning standardized municipal tax bills. Mr. L. Gordon, Manager of Purchasing, attended with respect to the tenders listed on the Committee of the Whole agenda. Council was also in receipt this date of three additional reports pertaining to: Expression of Interest E01-098, Consultant Services - Stonegate Watercourse Erosion Control and Slope Stabilization Study; Expression of Interest E01-107, Prequalification of General Contractors – Kitchener Memorial Auditorium Complex Renovations and Additions; and, waiving of the tendering requirement and award of a contract for replacement parts for City Hall elevators. In response to Councillor M. Galloway, Mr. S. Gyorffy advised that discussions with engineering staff are pending regarding the use of trap rock for road resurfacing in the Upper Doon Conservation District. He stated that trap rock would be a more expensive treatment and suggested that it not be included in Tender T01-004 for slurry seal resurfacing this year to allow staff an opportunity to further investigate. Mayor C. Zehr disclosed a pecuniary interest and abstained from all discussion with respect to the awarding of Expression of Interest E01-098, Consultant Services - Stonegate Watercourse Erosion Control and Slope Stabilization Study, as his residence backs on to the proposed work area. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler Miller Paving Limited, “That Tender T01-004, Slurry Seal Resurfacing, be awarded to Gormley, Ontario at their reduced tendered price of $95,000., including G.S.T.” - and - “That Expression of Interest E01-082, Consultant Services - Schneider Creek Remediation, be Stantec Consulting Ltd., Kitchener awarded to at their estimated fee of $69,391.29, including G.S.T., 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 - COUNCIL MINUTES SEPTEMBER 17, 2001347CITY OF KITCHENER - - “That Expression of Interest E01-091, Prequalification of General Contractors – Waterloo Regional Children’s Museum, be approved and that the following list of General Contractors be issued tender packages for the project: Ball Construction Inc., Kitchener Beatty-Hall Construction Co. Ltd., Hamilton Reid & DeLeye Contractors Ltd., Courtland Ross Clair/Division of R.O.M. Contractors Inc., Toronto The Atlas Corporation, Concord Torcom Construction Inc., North York .” - and - “That Expression of Interest E01-097, Consultant Services - Sandrock Greenway Sanitary Dillon Consulting, Cambridge Trunk Sewer Flood Relief Study, be awarded to at their estimated fee of $84,423. including G.S.T., 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 Expression of Interest E01-107, Prequalification of General Contractors – Kitchener “ Memorial Auditorium Complex Renovations and Additions, be approved and that the following list of General Contractors be issued tender packages for the project: Ball Construction Inc., Kitchener CGC Enterprises Design, London Melloul-Blamey Construction, Waterloo Southside Group of Companies, London The Atlas Corporation, Concord .” - and - That Council waive the tendering requirement and award a contract for City Hall elevator “ Thyssen Dover Elevators, Burlington, Ontario maintenance to at a negotiated price of $44,940. per year, including G.S.T., for a five year period, and that after a two-year period from the date of the agreement, the contract may be increased by a maximum of 3% should hourly labour rates increase and further, ; That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor. ” Carried. Councillor J. Smola was appointed as Chair by Mayor C. Zehr who previously disclosed a pecuniary interest in regard to Expression of Interest E01-098 and abstained from all voting and discussion in this regard. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler That Expression of Interest E01-098, Consultant Services, Stonegate Watercourse Erosion “ McCormick Rankin Corporation, Control and Slope Stabilization Study, be awarded to Kitchener at their estimated fee of $61,005.00, including G.S.T., 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. ” Carried. COUNCIL MINUTES SEPTEMBER 17, 2001348CITY OF KITCHENER - - Mayor C. Zehr then reassumed the Chair. The following individuals received Awards of Merit and Certificates of Service in recognition of their serving on Special Committees and Boards under the jurisdiction of City Council. Many of the recipients were in attendance this date and personally received their Awards/Certificates which were presented by Mayor C. Zehr and individual members of Council. A Certificate of Service is given for up to five years of service and an Award of Merit for service in excess of five years. Awards of Merit Robert BraunVeronica KerrNancy Brawley Jean KnowltonWilliam DahmsKen Koebel Alex GallowayBruce MacNeilMarlene Guttensohn J. Ronald McGill Certificates of Service Sam AlfieriGreg HertzbergerCiaran Murray Kevin BechardSheila HultquistRon Pallister Susan CampbellJames KayBarb Reidl Richard ChristyHarold LinsemanVeronica Ross Manfred ConradBrenda LuckhardtRay Royce Jack CountrymanAlexis MarsdenSamuel Sykes Ken CressmanJohn MartinBrenton Toderian Lisa Dal BelloStephen MaxwellPaul Verleyen Mary DrandzykCraig McWhinnieMarshall Ward Harry FroklageJane Merling Councillor C. Weylie presented the ‘Senior of the Year’ Award to Ms. Eileen Woodworth. Councillor Weylie spoke of Ms. Woodworth’s leadership in contributing to a higher quality of life for seniors and the underprivileged in our community, as well as her many accomplishments as a volunteer within various community organizations. Mayor C. Zehr presented the International Biographical Centre ‘Official Order Medallion’ to Dr. Judith- Anne Williams Chapman in recognition of her admittance to membership of the International Order of Merit and a testimonial plaque in recognition of her contributions to cancer research. Mayor Zehr spoke of his admiration for Dr. Chapman’s achievements, noting that only 500 persons world wide have received such an honour. He extended congratulations and also presented her with a recognition certificate, as well as a book entitled ‘Women of Waterloo County’. Dr. J. Chapman expressed her appreciation and encouraged all women to take time to follow the simple steps of breast cancer prevention. Mr. T. Potworka provided an overview of the Communities in Bloom competition which began in Kitchener in 1995 and recognizes community participation in beautification, heritage and environmental awareness as part of its judging criteria. He advised that the City of Kitchener had received a National 4 Bloom rating for Outstanding Achievement. Mayor C. Zehr and Councillor G. Lorentz, assisted by Messrs. T. Boutilier and B. Page, presented the 2001 Business Awards to the property owner; designer and maintenance firm for the winning properties of the Communities in Bloom competition as follows: Business Awards Program Large Scale Commercial · 227 King Street South – Judith Chopra (Clarica Life Insurance Company); Charmaine Fangard and Roger Farwell (The Walter-Fedy Partnership); Jim Maloney (Clintar Groundskeeping Services) COUNCIL MINUTES SEPTEMBER 17, 2001349CITY OF KITCHENER - - Small Scale Commercial · 638 Belmont Avenue West – Greg and Graham Oliver (Tim Horton’s); Paul Puopolo and Bill Gurney (Planning and Engineering Initiatives); Dick and Peter Kaune (Dick Kaune Property Maintenance) Industrial · 851 Wilson Avenue – Donna Diebel (Kuntz Electroplating); Steve Snider (Grobe Nurseries); Daryl Boudreau and Dan Noble (Twin City Interloc) Multi-Residential · 71 Bankside Drive – Brad Lawrence and Lyn Fisher (Terraces by Hallman); Steve Snider (Grobe Nurseries) as designer and maintenance firm Mr. T. Boutilier then thanked members of the Business Awards Committee for their contribution to this event. Mr. Boutilier introduced Ms. Brenda Luckhardt who provided a brief overview of the Residential Awards Program. Ms. Luckhardt advised that this program utilizes Canada Post Letter Carriers to seek nominations which are then narrowed down according to judging criteria. The individual Ward Councillors then presented awards to the residential winners as follows: Residential Awards Program · Hans and Rosemary Silbermann – 593 Krug Street · Gerry & Betty Lou Chambers – 236 Nomad Court · Ken & Rachel Flood – 155 Edgehill Drive · John & Elaine Wilfong – 5 Mitierra Drive · Arnold & Gerry Reed – 98 Lakeside Drive · Lavern & Margaret Asmussen – 201 Claremont Avenue City Champion – Residential · Lavern & Margaret Asmussen – 201 Claremont Avenue The Letter Carrier Award was presented to Mr. Pete Klein, representing all Canada Post Letter Carriers who contributed to the residential awards selection process. Mr. Henning Grumme introduced the members of the Communities in Bloom Program Committee, thanking them for their efforts. He also expressed appreciation to all the corporate and supporting sponsors. Mayor C. Zehr added his comments of appreciation on behalf of Council to all those involved in the program. Mayor C. Zehr presented certificates to team members of the Kitchener Panthers, who were in attendance along with Mr. John Weber, Vice-President and General Manager, in recognition of their recent victory at the Inter-County Baseball League Championship. Mayor Zehr noted that this is the fourth time in the last six years that this team has won the Championship and on behalf of Council extended congratulations. Mr. J. Weber expressed appreciation for Council’s recognition, adding that despite newspaper reports, this was not an upset. He stated that his team members were champions going into the game and coming out, noting that Toronto had committed five errors resulting in a win for the Kitchener team and expressed the opinion that this win was a credit to all team members, the organization and administrative staff. Mr. F. Pizzuto provided a brief overview of the progress of the Walter Bean Grand River Trail, noting that Phase 1 construction is progressing which will result in 10 km of trail within the City limits. He also noted that the Walter Bean Grand River Trail Foundation has accumulated approximately $280,000. for the work completed this Summer in fundraising and donations. Mr. Pizzuto expressed appreciation to the Foundation and all donors. COUNCIL MINUTES SEPTEMBER 17, 2001350CITY OF KITCHENER - - Mr. D. Letson, President of the Walter Bean Grand River Trail Committee, advised that sponsorship for 14 access points along the Trail have been completed, of which 11 are in Kitchener and 3 in Cambridge. He noted that this would probably be the last time that the Corporation would make a presentation to Council and extended appreciation for the support given. Mr. Letson also acknowledged Mr. F. Pizzuto, Mr. D. Daly, Mr. B. Trushinski and staff for their assistance throughout this project. He further acknowledged the work of Mr. C. Ormsted, Vice-President and Mr. D. Graham, Treasurer, of the Trail Foundation, who were also in attendance this date. Mr. Letson advised that $3.8M in cash pledges, gifts and in-kind grants have been received to date and that of the 40 km of trail to be laid, more than half will be in the City of Kitchener. He then presented a cheque to Mayor Zehr in the amount of approximately $280,000. for work completed on this project over the summer months. Mr. F. Pizzuto then called upon Judith Chopra and Vern Hall of Clarica, as well as Milton and Eleanor Good, to come forward and be recognized for their contributions in sponsorship of the Clarica Natural Trailway and Access Point No. 8 – Natchez Hill, to be named the ‘M.R. Good Family Trailway’, both to be located on the Walter Bean Grand River Trail. Mayor C. Zehr presented prints entitled ‘Grand Vista’ to the representatives from Clarica and to Mr. & Mrs. Good. Mayor Zehr expressed appreciation for their contributions and commented on the significance of completion of the 76 km of trail to residents of the Region. Councillor B. Vrbanovic advised that while attending the Federation of Canadian Municipalities (FCM) Annual Conference in Banff, Alberta this year, he was pleased to learn the City of Kitchener was the recipient of FCM’s ‘Outstanding International Volunteer Contribution’ Award for its participation in international programs involving partnerships with the Cities of Windhoek, Namibia and Cebu, Philippines. Councillor Vrbanovic introduced Ms. S. Tranter who provided an overview of the City’s history of involvement in international programs with FCM, including the following highlights: · 25 Canadian delegates participated in 43 exchanges, including politicians, municipal staff and various representatives from the community; · goal of exchanges has been to promote business partnerships with overseas countries; · in Windhoek, activities involved support in implementing democratic change, as well as technical exchanges and development of municipal/community services; and · in Cebu, activities involved completion of two, 2-year Protocol Agreements resulting in establishment of a training facility, outreach programs, a Human Resources Department and development of a Municipal Code. Ms. Tranter commented that the City’s experience, as well as individual growth, has proven to be rewarding and that participation in these types of programs is felt to be well worth continuing. Councillor B. Vrbanovic then presented the ‘Outstanding International Volunteer Contribution’ Award to Mayor C. Zehr, who expressed appreciation to all who had participated in the partnerships with Windhoek and Cebu. Mr. Fred Lehman of the Foodbank of Waterloo Region attended to express appreciation to the City of Kitchener for its support of the Municipal Food Drive Challenge. Mr. Lehman advised that the Food Drive Challenge is a competition between neighbouring municipalities to determine which can contribute the largest amount of food in terms of poundage. He noted that this year 7,600 lbs. of food plus donations were contributed as a result of the Challenge, with 4,600 pounds of food being collected overall in this year’s Foodbank Drive. Mr. Lehman advised that for the second year in a row, Kitchener won the municipal competition and through continued municipal support, the Foodbank is able to continue its challenge in providing a hunger-free Waterloo Region. Mr. Lehman presented the Winner’s Plaque to Ms. Mary Murphy, who was instrumental in coordinating this event for the City of Kitchener. Mayor Zehr extended appreciation to all those who had participated in this year’s Municipal Food Drive Challenge. Ms. R. Aicher of the Waterloo Region Childrens’ Museum was in attendance to support Clause 1 of the Finance and Administration Committee report to be considered by Council this date. Ms. Aicher introduced Mr. Patrick Flynn and Ms. Valene Hall who were also in attendance. Ms. Aicher then provided a slide presentation outlining the design features for the front elevation and interior of the Museum. In particular, the use of sandstone provided from the City’s surplus and the pediment from COUNCIL MINUTES SEPTEMBER 17, 2001351CITY OF KITCHENER - - the old City Hall were highlighted. Ms. Aicher pointed out that use of these materials connect and identify this building with the City of Kitchener and link it to the institutional and cultural face of King Street. Mr. P. Flynn advised that the Childrens’ Museum Board is excited about this project and the nature of its partnership with the City. In addition, he advised that the Board intends to acknowledge the contributions made by Ms. Sybil Frenette, who until her death was Chair and President of the Board. He noted that it is intended to dedicate a portion of the Museum to her memory and the Board is determined to bring a world-class structure and museum to the City’s Downtown. Several members of Council expressed support for the project, commenting on the benefits such a facility will bring to the Downtown. Mayor Zehr commented that it should be noted Council is involved in the approval of the architectural design and financing as the building remains under ownership of the City. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That Clause 1 of the Finance and Administration Committee report (Regular meeting of September 10, 2001) be adopted.” Carried. Mr. John Markvart and Ms. Donna Kuehl of the Civic Centre Neighbourhood Association were in attendance to raise concerns regarding the quality of life for residents in the area of Queen Street North and Margaret Avenue. Specifically, Mr. Markvart noted concerns relating to increased density of traffic resulting from new development in the area and the speed of traffic. He noted that from Weber Street to Lancaster Street there are no stop controls on Queen Street North, allowing vehicles to gain speed. He expressed concern for children and seniors who cross Queen Street at Margaret Avenue to go to school or to the neighbourhood park. Mr. Markvart acknowledged that ongoing studies have been undertaken as early as 1996; however, to date no action has been taken. Accordingly, the Association felt it necessary to request Council to investigate the situation and Mr. Markvart presented a petition signed by approximately 150 area residents. The petition requests Council to make improvements at the intersection of Queen Street North and Margaret Avenue by either installing: stop lights; all-way stop signs; and/or a crosswalk. Mr. Markvart referred to improvements made by the City of Waterloo with respect to Lincoln Avenue and advised that the Association is hoping for similar improvements at Queen Street North and Margaret Avenue. In response to Councillor J. Ziegler, Mr. Markvart advised that the Association would prefer traffic lights; however, would be satisfied with a three-way stop control and/or crosswalk. Councillor M. Galloway pointed out that speeding is enforced by the Waterloo Regional Police and suggested the delegation also approach Regional Council to address concerns relative to speeding. For the information of the delegation, Councillor J. Smola advised that Council has requested staff to investigate use of all-way stop controls in other cities relative to pedestrian and traffic safety, and a report will be tabled for consideration at a future meeting of the Community Services Committee. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler “That in response to the request of the Civic Centre Neighbourhood Association on behalf of area residents, staff be directed to prepare a report for consideration at a future meeting of the Community Services Committee, relative to improvements at the intersection of Queen Street North and Margaret Avenue by either installing: traffic control signals; a three-way stop control; or a crosswalk.” Carried. Mr. George Crozier was in attendance to express concern relative to his fall on ice at the Registry Office in January of this year. He described the area in which the fall took place, noting that on the day of the incident melting ice had frozen and had been covered over with a fresh snowfall, concealing the icy conditions. Mr. Crozier explained that, while he had been well looked after by the building superintendent on the day of the fall, his attempts to seek compensation after the incident have been very frustrating and that following a meeting with the insurance adjusters, his claim was denied. Mr. Crozier questioned if the City had any responsibility in its approval of the building COUNCIL MINUTES SEPTEMBER 17, 2001352CITY OF KITCHENER - - structure or to ensure the safety of citizens attending the facility to do business. He further noted that, as a landlord, he had been fined for a minor Building Code infraction that did not pose any risk to tenants, suggesting that this incident had more serious implications. Mr. Crozier requested Council’s assistance in proceeding with his claim and noted he could not afford legal assistance. Mayor C. Zehr explained to Mr. Crozier that the City had no liability in this matter as the incident occurred on private property rather than on a City sidewalk and pointed out that the building is privately owned and leased to the Province. Mayor Zehr advised that in order to proceed, Mr. Crozier would have to seek compensation by private means and suggested that he contact Legal Aid Services. Mayor Zehr also suggested that Mr. Crozier contact staff of the Registry Office to request information respecting the landlord of the property. Mr. & Mrs. Bart Boeckner appeared in support of Committee of Adjustment Submission FN 2001-010, listed in Item B.13 on the Committee of the Whole agenda of this date. Councillor B. Vrbanovic requested that all decisions referred to in Item B.13 be dealt with. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That Council ratify and confirm the September 11, 2001 decisions of the Committee of Adjustment recommending approval of: · Submission No. SG 2001-011-Mary Karidas (82 King Street West); · Submission No. SG 2001-013 -Corporation of the City of Kitchener (Downtown Boundary); · Submission No. FN 2001-009 -Jason & Angela Haelzle (374 Misty Crescent); · Submission No. FN 2001-010-Bart & Danette Boeckner (561 Veronica Drive).” Carried. Mr. Brad Blain and Dr. Ian Rowlands, University of Waterloo, appeared in support of Clause 1 of the Environmental Committee report dealing with continued support of the Residential Energy Efficiency Project (REEP), Phase II. A motion to adopt the Environmental Committee report was moved by Councillor B. Vrbanovic and seconded by Councillor M. Galloway. Councillor B. Vrbanovic advised that he and Councillor Galloway had been unable to attend the Environmental Committee meeting as they were out-of-province at a Federation of Canadian Municipalities function, and requested Mr. B. Stanley to provide a brief overview with regard to the recommendation before Council. Mr. B. Stanley advised that representatives of REEP attended the Environmental Committee’s meeting of September 6, 2001 and as a result of their presentation, the Committee agreed to endorse continuation of the program, together with funding in the amount of $20,000. During the course of the discussion, Mr. Stanley noted that it was determined the financial request was to be funded over a period of two years, with $10,000. in each of 2002 and 2003. Mr. Stanley also pointed out that representatives of REEP intend to request similar funding from Hydro One and Kitchener Utilities as both deal with energy related operations in their own right. Mr. Stanley suggested that the Committee recommendation be referred to the 2002 Budget deliberations. In response to Councillor B. Vrbanovic, Mr. B. Stanley advised that in 1999 a grant in the amount of $5,000. was approved for REEP, with the funds expended in 2000. 1.Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That the report of the Environmental Committee be amended to add a clause requiring referral of the REEP funding request to the 2002 Budget deliberations, and be adopted.” Carried. Mr. Cory Comer appeared as a delegation in opposition to the decision of the Dog Designation Appeal Committee affirming the Prohibited Dog designation of his dog. Mr. Comer advised that as a COUNCIL MINUTES SEPTEMBER 17, 2001353CITY OF KITCHENER - - result of the Appeal Committee hearing, he had been given until November 6, 2001 to either remove the dog from the City or turn it over to the Humane Society to be euthanized. He questioned the Humane Society’s ability to determine the dog was in fact an American Staffordshire Terrier, given its young age. Mr. Comer advised that he had made the decision to give up his current employment and move back to Nova Scotia and accordingly, requested an extension to the time period stipulated in the decision until December 24, 2001. Councillor J. Ziegler introduced the recommendation listed in Item B.3 of the Committee of the Whole agenda of this date relative to the decision of the Dog Designation Appeal Committee regarding an appeal by Cory Comer, wherein the Committee affirmed the Prohibited Dog designation. Councillor J. Ziegler stated that the decision had been based on evidence which indicated the dog was unregisterable as it is a prohibited breed under the City’s by-law. He pointed out that the Committee had implemented shorter timeframes for removal because of problems experienced in the past with other Prohibited Dog designations. In this regard, he noted that Mr. Comer had been advised he would have to approach Council to request an extension. Councillor J. Ziegler further pointed out that Mr. Comer had been advised neighbouring municipalities, such as Cambridge, do not prohibit the breed, giving him the option to relocate with the dog and retain his employment. It was generally agreed to amend the recommendation by granting an extension of the deadline to remove the dog owned by Cory Comer from the City of Kitchener to December 24, 2001. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola “That the August 27, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Cory Comer, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed, save and except the time period allowed to remove the dog from the City of Kitchener which is extended to December 24, 2001.” Carried. 2.Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler “That the report of the Planning and Economic Development Committee be adopted. Mayor C. Zehr asked that wording be added to Clause 3 to provide that the deed for Site 132 be kept separate from that of the Homestead lands, and that the donation be subject to the City having first right of refusal at a nominal cost in the event the lands bequeathed to the J. Steckle Heritage Homestead Foundation is not transferred to the Foundation. This request was accepted as a friendly amendment. Councillor J. Ziegler advised that with respect to Clause 2 he had been contacted by Mr. Barry Bauman requesting assurance with respect to the staging of development of his property which abuts the Bost Properties Inc. lands. Councillor Ziegler advised that staff have given assurance Mr. Bauman is in control of the staging of his property and the easement over the Bost Properties lands. He further advised that he would be in contact with Mr. Bauman to relay staff’s comments. The report was voted on Clause by Clause. Carried, as Amended. Clause 3 – Carried. Balance of report – 3.Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic “That the report of the Community Services Committee be adopted.” Carried. COUNCIL MINUTES SEPTEMBER 17, 2001354CITY OF KITCHENER - - Councillor G. Lorentz requested Mr. F. Pizzuto provide an update regarding the improvements being made to the Peter Hallman Ball Yard. Mr. Pizzuto advised that upgrades totalling $1.2 M are proposed for the Ball Yard with work to commence this week. He noted that a schedule was provided to Council which gives assurance that the upgrades will be completed in time for next year’s baseball season and staff are hoping to run a first-class tournament. In response to Councillor M. Galloway, Mr. Pizzuto advised that he had provided a copy of the Ball Yard work schedule to Mr. T. Clancy, Chair of the International Softball Congress, who was satisfied the upgrades would be completed in a timely manner. Mr. Pizzuto indicated that he would continue to share information with the benefiting groups. 4.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance and Administration Committee (Special Meeting of September 10, 2001) be adopted.” Carried. 5.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the report of the Finance and Administration Committee (Regular Meeting of September 10, 2001) be adopted.” Councillor J. Ziegler asked that Clause 7 be amended to provide direction to staff to review the feasibility of requiring licensed establishments to hire paid duty officers as a condition of obtaining a licence and this request was accepted as a friendly amendment. Councillor B. Vrbanovic disclosed a pecuniary interest with respect to Clause 4 as he is associated with an organization that derives income from bingos; however, Mr. G. Sosnoski advised that Clause 4 is redundant as it was previously considered at the special Council meeting held on September 10, 2001. Accordingly, Clause 4 was not considered. Voted on Clause by Clause. Dealt with under Delegations and Clause 1 – Carried. Recommendation Redundant – Dealt Clause 4 – with previously at the special Council meeting held on September 10, 2001. Carried, as Amended. Clause 7 – Carried. Balance of report – 6.Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That the report of Heritage Kitchener be adopted.” Councillor M. Galloway requested that Clause 2 be amended to include the phrase “if budget is permitting”. Mayor Zehr requested an explanation as to what trap rock is and the cost involved. Mr. S. Gyorffy advised that trap rock is a hard stone imported from Ottawa and has never been used on City streets. He noted that it is usually a surface treatment used on Provincial highways. Mr. Gyorffy advised that it is a more costly treatment and as he has not seen what it looks like, would prefer to further investigate before using it. He noted that the City no longer has surface treatment equipment; however, the work could be tendered out in future. In response to Mayor Zehr, Mr. Gyorffy advised that he was uncertain when the last major resurfacing was undertaken; however, regular maintenance involving tar and chip resurfacing has been done. He COUNCIL MINUTES SEPTEMBER 17, 2001355CITY OF KITCHENER - - stated that it would be too late this year to undertake trap rock resurfacing and staff would be commencing with a slurry seal treatment shortly. Councillor B. Vrbanovic stated that he did not consider Councillor Galloway’s request to be a friendly amendment, preferring not to support Clause 2 as there appeared to be no justification to proceed with trap rock treatment. Several members of Council agreed with Councillor Vrbanovic’s comments, and, accordingly, Councillor Galloway’s request to amend the motion was not accepted. Councillor Galloway indicated he was also in agreement with not supporting Clause 2, noting that he did not believe there was a need to use the trap rock treatment. Voted on Clause by Clause Motion Lost. Clause 2 – Carried. Balance of report – 7.Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That the report of the Public Works and Transportation Committee be adopted.” Carried. Councillor C. Weylie raised a number of items including ongoing discussions with the Region relative to the widening of Victoria Street to four lanes. She noted that it now appears the portion of Victoria Street South from King Street to Park Street, scheduled for widening this year, will be further delayed, possibly until 2003. Mayor Zehr commented that he believed the project was being affected by an environmental assessment relative to underground servicing. Mr. S. Gyorffy confirmed that an environmental assessment process is ongoing and roadwork cannot proceed until issues of underground servicing are resolved as they will impact on the final road configuration. Councillor Weylie then referred to parking concerns raised by seniors at the Victoria School Centre and requested staff investigate possible use of the parking area between Kitchener Housing Inc. Mr. F. Pizzuto agreed to look into this matter and provide a report at a future date. Councillor Weylie also referred to concerns raised by the Mayor’s Advisory Council for Kitchener Seniors related to responsibility for service club signs and Mr. Pizzuto agreed to provide Council with information regarding this matter. Councillor Weylie also requested that staff re-instate joint meetings between neighbourhood associations for the purpose of sharing information with each other and staff. As well, she noted it would provide a forum for the Associations to raise their concerns relative to the appointments to the Downtown Advisory Committee. Mr. Pizzuto agreed to pursue this matter. Councillor C. Weylie then commented on the quality of volunteers within the City given the awards presented to Dr. J. Chapman this evening; she noted that approximately 5,200 people visited the Downtown area to participate in chess tournaments; and, praised Theatre & Company for providing a first-class facility within the Downtown. Several other members of Council echoed Councillor Weylie’s comments with respect to the Theatre & Company facility. Councillor M. Galloway advised that he had been approached by residents of the Caryndale community requesting information relative to the City’s role respecting Provincial downloading of responsibility for wellwater systems. Mayor C. Zehr commented that this was a Regional matter; however, Councillor Galloway indicated that residents are of the understanding the City is to play some role in the transition. Mr. S. Gyorffy stated it may have to do with the distribution system and suggested that Utilities staff be approached for comment. Councillor Galloway also raised concern regarding graffiti, noting he had received calls from residents who have been unsuccessful in having action taken to remove graffiti from their fences. Mr. Pizzuto advised that the City is not responsible for removing graffiti from private property, save and except in instances where the graffiti is located adjacent to public areas and is of an offensive or slanderous nature. Councillor M. Galloway expressed appreciation to Ms. Rosemary Pitfield and Ms. Michele Bulin for their coordination of a memorial service held at City Hall on September 14, 2001 in response to the tragedies that occurred in the United States on September 11, 2001. Councillor G. Lorentz advised that an Open House is to be held at Resurrection High School relative to the Region’s design proposal for Ira Needles Boulevard and invited area residents to attend. COUNCIL MINUTES SEPTEMBER 17, 2001356CITY OF KITCHENER - - He then commented on the inability to access the Conestoga Expressway from the west end of the City and Waterloo and questioned why the ring road had never been completed. Councillor Lorentz stated that he would like the City to follow in the footsteps of those who originated plans for the expressway by beginning a process that would see completion of the ring road, perhaps over the next 10-15 years. He suggested that such a process begin with research to determine why the expressway was not completed and then proceed to undertake discussions with the Region and the Province. Councillor Lorentz expressed the opinion that completing the expressway would result in significant benefit in the long run. Mayor Zehr commented that he had also raised this issue at the Region. He noted that it is partly a matter of design routing and, in particular, pointed out that while Ira Needles Boulevard is expected to alleviate some of the congestion, it is not properly placed to connect with the expressway. Mayor Zehr indicated that such a proposal would require acquisition of lands to protect corridors for future road development and would involve crossing boundaries. He stated that the likely reason the expressway was never completed had to do with financing and also pointed out that Provincial highways either stop at, or go beyond, the expressway. In this regard, he anticipated that any expansion would be at the expense of the municipal taxpayer. Councillor G. Lorentz then commented on the recent tragedies in the United States and proposed that the City consider sponsoring some form of memorial. In particular, he suggested that staff look at sponsoring a memorial garden in which residents could plant trees in memory of the victims and rescue workers who lost their lives. Mayor Zehr agreed with Councillor Lorentz’s comments and requested staff to prepare a report for consideration at a future date. Mayor Zehr also advised that fundraising efforts have accumulated approximately $72,000. locally for the relief fund and commended the City’s firefighters who were instrumental in raising some of these funds during a weekend car wash. Councillor B. Vrbanovic raised concern that the Province has expended its budget for highway improvements, resulting in projects that were expected to be undertaken in the near future, being halted. In particular, he referred to the Highway 8 / Franklin Street bridge reconstruction. Mr. S. Gyorffy advised that he had not received any recent information indicating delays to highway improvements and would enquire with the Ministry of Transportation. Councillor B. Vrbanovic then referred to the sign variance application for K-W Oktoberfest Inc., listed as Item B.12 on the Committee of the Whole agenda this date. In this regard, he requested staff to review these types of requests in terms of developing a policy to delegate approval authority to staff and prepare a report for consideration at a future meeting of the Development & Technical Services Committee. In response to Councillor Vrbanovic, Mayor Zehr advised that the Ministry of Transportation recently held an Open House in Guelph relative to the Highway 7 project and anticipated new information would be forwarded to the City in the near future. At the request of Councillor Vrbanovic, Mr. F. Pizzuto provided a brief update relative to construction of the Stanley Park Community Centre, noting that a site has been selected in the area of Ottawa Street, Franklin Boulevard and Midland Park. The City is also working in partnership with the Waterloo Catholic District School Board and the St. Anthony Daniel Church, and discussions are being undertaken with other potential partners. He stated that staff are in the process of shortlisting architects and funding to build the structure is in the 2002 Capital Budget. Councillor J. Smola advised that residents in the area of the reconstruction project on Locust Street, Mansion Street and Gordon Avenue, have organized a street party in recognition of their appreciation for the work undertaken by staff. Councillor Smola thanked the residents for their recognition and congratulated Mr. Gyorffy, as well as his staff, on successful completion of this project. In response to Councillor J. Ziegler, Mr. F. Pizzuto advised that staff will be undertaking work at the Kingsdale Community Centre this week; however, the portable will not be in place until the following week. He noted that the portable is being donated by the House of Friendship and placement of the portable must fit within a contractor’s schedule. In reference to Regional issues, Mayor C. Zehr advised that a package of information dealing with the Regional water and sewer report generated little discussion and was presented in the form of background information. Mayor Zehr stated that he would continue to follow this issue. COUNCIL MINUTES SEPTEMBER 17, 2001357CITY OF KITCHENER - - At the request of Mr. G. Sosnoski, it was agreed to add the following by-laws to the agenda for three readings this date: a Part Lot Control Exemption By-law relative to Activa Avenue; a Municipal Plan Amendment and three Zoning By-laws relative to implementation of the new Commercial Policy Structure; and a capital expenditure by-law. 8.Moved by Councillor M. Galloway Seconded by Councillor C. Weylie “That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a)To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b)To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c)To further amend By-law 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d)Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (e)Being a by-law to extend the time for conveyance of lands pursuant to By-law 2001-27 to close and sell the public lane, for pedestrian use only, between Larkspur Crescent and Fischer-Hallman Road in the City of Kitchener. (f)To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (g)To confirm all actions and proceedings of the Council. (h)Being a by-law to exempt certain lots from Part Lot Control – Part Block 25, Registered Plan 58M-132 – Activa Avenue. (i)Being a by-law to adopt Amendment No. 36 to the Municipal Plan – New Commercial Policy Structure. (j)Being a by-law to amend By-law 85-1 as amended, known as the Zoning By-law for the City of Kitchener – Commercial Campus (C-8) Zone, Gateway Park. (k)Being a by-law to amend By-law 81-5 as amended, known as the Zoning By-law for the City of Kitchener – Voisin Developments – Fischer-Hallman Road. (l)Being a by-law to amend By-law 85-1 as amended, known as the Zoning By-law for the City of Kitchener – CRAFT Construction – Strasburg Road. (m)Being a by-law to approve a Capital Expenditure for the undertaking of various construction or renovation projects, at a total estimated cost of $5,162,000. and for the borrowing of money therefore. 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. COUNCIL MINUTES SEPTEMBER 17, 2001358CITY OF KITCHENER - - 9.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. 10.Moved by Councillor M. Galloway Seconded by Councillor C. Weylie “That the by-laws listed on the agenda for third reading, namely: (a)To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2001-164) (b)To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. By-law No. 2001-165) (c)To further amend By-law 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2001-166) (d)Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2001-167) (e)Being a by-law to extend the time for conveyance of lands pursuant to By-law 2001-27 to close and sell the public lane, for pedestrian use only, between Larkspur Crescent and Fischer-Hallman Road in the City of Kitchener. (By-law No. 2001-168) (f)To further amend By-law No. 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. 2001-169) (g)To confirm all actions and proceedings of the Council. (By-law No. 2001-170) (h)Being a by-law to exempt certain lots from Part Lot Control – Part Block 25, Registered Plan 58M-132 – Activa Avenue. (By-law No. 2001-171) (i)Being a by-law to adopt Amendment No. 36 to the Municipal Plan – New Commercial Policy Structure. (By-law No. 2001-172) (j)Being a by-law to amend By-law 85-1 as amended, known as the Zoning By-law for the City of Kitchener – Commercial Campus (C-8) Zone, Gateway Park. (By-law No. 2001-173) COUNCIL MINUTES SEPTEMBER 17, 2001359CITY OF KITCHENER - - (k)Being a by-law to amend By-law 81-5 as amended, known as the Zoning By-law for the City of Kitchener – Voisin Developments – Fischer-Hallman Road. (By-law No. 2001-174) (l)Being a by-law to amend By-law 85-1 as amended, known as the Zoning By-law for the City of Kitchener – CRAFT Construction – Strasburg Road. (By-law No. 2001-175) (m)Being a by-law to approve a Capital Expenditure for the undertaking of various construction or renovation projects, at a total estimated cost of $5,162,000. and for the borrowing of money therefore. (By-law No. 2001-176) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 10:15 p.m. MAYORCLERK COUNCIL MINUTES SEPTEMBER 17, 2001360CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1.That the request by DesRosiers Property Management Ltd. to lift holding provision 38H of By- law 99-225 on lands legally described as Part of Lot 20, Registered Plan 1004, (491 Highland be deferred Road West) in the City of Kitchener, until such time as the City is in receipt of the acknowledgment of a Record of Site Condition from the Ministry of Environment regarding the environmental condition of the property. 2. That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, Chapter P 13 as amended, and delegation By-law 97-061, grant draft approval to Plan of Subdivision Application 30T-01203 (Huck Crescent / Udvari Crescent) in the City of Kitchener, for Bost Properties Inc., subject to the following conditions: 1.That this approval applies to Plan of Subdivision 30T-01203 for Bost Properties Inc. as shown on the plan prepared by Cumming Cockburn Limited, dated February 14, 2001, and as shown on the attached Plan of Subdivision prepared by the City of Kitchener dated June 21, 2001, which shows the following: Single Detached DwellingsLots 1-35 Future DevelopmentBlock 36 2.CITY OF KITCHENER CONDITIONS: 2.1That the Subdivider shall enter into a City Standard Residential Subdivision Agreement, as approved by City Council, respecting those lands shown outlined on the attached Plan of Subdivision dated June 21, 2001 and which shall contain the following special conditions: Section 3Prior to Servicing 3.15The Subdivider acknowledges that sidewalks are required to be constructed on both sides of all streets within the subdivision, including the easterly side of the future Ira Needles Boulevard, in accordance with the City’s Sidewalk Location Policies. Section 4Prior to the Issuance of Building Permits 4.22 The SUBDIVIDER agrees that no building permits shall be issued for Block 36 until it is consolidated with Block 14 (Stage 5) in the adjacent Plan of Subdivision 30T-86016. 4.23 The SUBDIVIDER agrees that no dwelling units in this plan of subdivision will be constructed with finished floor elevations greater than 377 MASL in order to maintain adequate water pressure. Section 6Other Time Frames 6.10The SUBDIVIDER agrees that construction traffic to and from the proposed subdivision shall be restricted to using Huck Crescent southeasterly to Highgate Road and Victoria Street only and prohibited from using other internal residential streets in the community. The SUBDIVIDER agrees to advise all relevant contractors, builders and other persons of this requirement with the SUBDIVIDER being responsible for any required signage, all to the satisfaction of the CITY’S Assistant General Manager of Engineering Services. 2.2That prior to final approval of the plan to be registered, the Subdivider shall fulfill the following conditions: 1.The City Standard Residential Subdivision Agreement be registered on title. COUNCIL MINUTES SEPTEMBER 17, 2001361CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 2.Cont’d 2. The SUBDIVIDER shall submit copies of the plan for registration to the CITY'S Assistant General Manager of Business and Planning Services and to obtain approval of such applications therefrom. 3. The SUBDIVIDER agrees to commute all local improvement charges outstanding on any part of the lands and to pay all outstanding taxes on the lands. 4. The SUBDIVIDER shall install within the subdivision any required geodetic monuments under the direction of the CITY'S Assistant General Manager of Engineering Services, with co-ordinate values and elevations thereon and submit for registration the plans showing the location of monuments, their co-ordinate values, elevations and code numbers as prescribed by the Surveyor General of Ontario. 5. The SUBDIVIDER shall make satisfactory arrangements with HYDRO for the provision of permanent electrical services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 6. The SUBDIVIDER shall make satisfactory arrangements for the provision of permanent telephone services to the subdivision and/or the relocation of the existing services. Further, the SUBDIVIDER acknowledges that this may include the payment of all costs associated with the provision of temporary services and the removal of such services when permanent installations are possible. 7. The SUBDIVIDER shall make arrangements for the granting of any easements required for utilities and municipal services. The SUBDIVIDER agrees to comply with the following easement procedure: (a)to provide copies of the subdivision plan proposed for registration and reference plan(s) showing the easements to the COMMISSION, and telephone companies and the CITY'S Assistant General Manager of Business and Planning Services. (b)to ensure that there are no conflicts between the desired locations for utility easements and those easement locations required by the CITY'S Assistant General Manager of Engineering Services for municipal services; (c)to ensure that there are no conflicts between utility or municipal service easement locations and any approved Tree Preservation/Enhancement Plan; (d)if utility easement locations are proposed within lands to be conveyed to, or presently owned by the CITY, the SUBDIVIDER shall obtain prior written approval from the CITY'S Assistant General Manager of Engineering Services, or, in the case of parkland, the CITY'S General Manager of Community Services; and (e) to provide to the CITY'S Assistant General Manager of Business and Planning Services, a clearance letter from each of the COMMISSION and telephone companies. Such letter shall state that the respective utility company has received all required grants of easement, or alternatively, no easements are required. COUNCIL MINUTES SEPTEMBER 17, 2001362CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 2.Cont’d 8. The SUBDIVIDER shall dedicate all roads, road widenings and public walkways to the CITY by the registration of the Plan of Subdivision. 9. The SUBDIVIDER shall erect and maintain a subdivision billboard sign at each major entrance to the subdivision, in accordance with a plan approved by the CITY'S Assistant General Manager of Business and Planning Services, in accordance with the following criteria: (a) The sign shall be located outside the required yard setbacks of the applicable zone and outside the corner visibility triangle, with the specific, appropriate location to be approved by the CITY’s Assistant General Manager of Business and Planning Services; (b) The sign shall have a minimum clearance of 1.5 metres, a maximum height of 6 metres, and a maximum area of 13 square metres; (c) Graphics shall depict the features within the limits of the subdivision including, without limiting the generality of the foregoing, approved street layout, including emergency access roads, zoning, lotting and specific land uses, types of parks, storm water management areas, hydro corridors, trail links and walkways, potential or planned transit routes and bus stop locations, notification regarding contacts for school sites, noise attenuation measures, environmentally sensitive areas, tree protection areas, special buffer/landscaping areas, water courses, flood plain areas, railway lines and hazard areas and shall also make general reference to land uses on adjacent lands including references to any formal development applications, all to the satisfaction of the CITY'S Assistant General Manager of Business and Planning Services; (d) Approved subdivision billboard locations shall be conveniently accessible to the public for viewing. Low maintenance landscaping is required around the sign and suitable parking and pedestrian access may be required between the sign location and public roadway in order to provide convenient accessibility for viewing; and, (e) The SUBDIVIDER shall ensure that the information is current as of the date the sign is erected. Notice shall be posted on the subdivision billboard signs advising that information may not be current and to obtain updated information, inquiries should be made at the CITY'S Department of Development & Technical Services. 10. To expedite the approval for registration, the SUBDIVIDER shall submit to the CITY'S Assistant General Manager of Business and Planning Services, a detailed written submission documenting how all conditions imposed by this approval that require completion prior to registration of the subdivision plan(s), have been satisfied. 11. The SUBDIVIDER agrees that the registration of the subdivision must proceed concurrently with Stage 5 of Draft Plan of Subdivision 30T-86016. 3.REGIONAL MUNICIPALITY OF WATERLOO CONDITIONS That the Subdivider satisfy the following conditions to the satisfaction of the Regional Municipality of Waterloo Commissioner of Planning, Housing and Community Services: COUNCIL MINUTES SEPTEMBER 17, 2001363CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 2.Cont’d 1.That the owner agrees to stage the development of this subdivision in a manner satisfactory to the Regional Commissioner of Planning, Housing and Community Services. 2.That the subdivision agreement be registered by the City of Kitchener against the land to which it applies and a copy of the registered agreement be forwarded to the Regional Commissioner of Planning, Housing and Community Services prior to final approval of the subdivision plan. 3. a)That the owner enter into an Agreement for Servicing with the Regional Municipality of Waterloo to preserve access to municipal water supply and municipal wastewater treatment services prior to final approval or any agreement for the installation of underground services, whichever occurs first. Where the owner has already entered into an agreement for the installation of underground servicing with the area municipality, such agreement shall be amended to provide for a Regional Agreement for Servicing prior to registration of any part of the plan. The Regional Commissioner of Engineering shall advise prior to an Agreement for Servicing that sufficient water supplies and wastewater treatment capacity is available for this plan, or the portion of the plan to be registered. b) That the owner include the following statement in all agreements of lease purchase and sale that may be entered into pursuant to Section 52 of the Planning Act, prior to the registration of the plan: “The lot, lots, block or blocks which are the subject of this agreement of lease or purchase and sale are not yet registered as a plan of subdivision. The fulfilment of all conditions of draft plan approval, including the commitment of water supply and sewage treatment services thereto by the Region and other authorities, has not yet been completed to permit registration of the plan. Accordingly, the purchaser should be aware that the vendor is making no representation or warranty that the lot, lots, block or blocks which are the subject of this agreement or lease or purchase and sale will have all conditions of draft approval satisfied, including the availability of servicing, until the plan is registered.” 4.That a lot grading and drainage plan and stormwater management report be submitted for approval, for the entire draft plan of subdivision to the satisfaction of the Regional Commissioner of Planning, Housing and Community Services where lands drain to a Regional facility. 5.That the owner enter into an agreement with the City of Kitchener that no dwelling units in this plan of subdivision will be constructed with finished floor elevations greater than 377 MASL in order to maintain adequate water pressure. 6.That prior to registration the owner confirm that adequate water pressure is available to meet fire flow requirements under all water demand scenarios. 7.That the owner prepare an updated Noise Study to indicate to the Regional Municipality of Waterloo methods to be used to abate traffic noise levels from the future Ira Needles Boulevard and if necessary, shall enter into an agreement with the Regional Municipality of Waterloo to provide for the implementation of the approved noise study attenuation measures prior to the issuance of building permits. 8.That the owner enter into an agreement with the Regional Municipality of Waterloo to erect a 1.82 metre high permanent, maintenance free fence 0.15 metres inside the Regional road allowance along the future Ira Needles Boulevard in accordance with Regional policies and procedures. COUNCIL MINUTES SEPTEMBER 17, 2001364CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 2.Cont’d 4.CLEARANCE CONDITIONS 1.That prior to the signing of the final plan by the City's Assistant General Manager of Business and Planning Services, the Assistant General Manager shall be advised by the Regional Commissioner of Planning, Housing and Community Services that Conditions 3.1-3.8 inclusive have been carried out to the satisfaction of the Regional Municipality of Waterloo. The clearance letter from the Region shall include a brief statement detailing how each condition has been satisfied. 2.That prior to the signing of the final plan by the City’s Assistant General Manager of Business and Planning Services the Assistant General Manager shall be advised by the telephone company that Conditions 2.2.5 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 3.That prior to the signing of the final plan by the City’s Assistant General Manager of Business and Planning Services the Assistant General manager shall be advised by HYDRO that Conditions 2.2.6 and 2.2.7 have been carried out satisfactorily. The clearance letter should contain a brief statement as to how the condition was satisfied. 5.NOTES Development Charges 1. The owner/developer is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality are applicable. Registry Act 2.The final plans for Registration must be in conformity with Ontario Regulation 43/96, as amended, under The Registry Act. Review 3.Draft approval will be reviewed by City of Kitchener Council from time to time to determine whether draft approval should be maintained. Updated Information 4.It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo and the City of Kitchener of any changes in ownership, agent, address and phone number. Agreement 5.Most of the Regional Municipality of Waterloo conditions can be satisfied through an agreement. The onus is on the owner to contact Regional staff in writing to request the preparation of such an agreement. A copy of a reference plan showing the lands to be registered that are affected by the agreement and the conditions to be covered by the agreement should be provided. The fees for the preparation and registration of this agreement, payable to the Regional Municipality of Waterloo, are currently $375.00 and $50.00 respectively. Regional Fees 6.The owner/developer is advised that the Regional Municipality of Waterloo has adopted By-Law 96-025, pursuant to Section 69 of the Planning Act, R.S.O. 1990 c. P.13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of subdivision. COUNCIL MINUTES SEPTEMBER 17, 2001365CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 2.Cont’d Approvals for Servicing System 7.The proposed water distribution system meets the definition of a "water works" as defined in the Ontario Water Resources Act. Prior to the construction of the proposed water supply system. The proponent must ensure that the application for approval of water works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Stormwater Management 8.The proposed stormwater management system meets the definition of a "sewage works" as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under Section 53 of the Ontario Water Resources Act prior to the construction of the proposed stormwater management system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Sewage System 9.The proposed sanitary sewage collection system meets the definition of a "sewage works' as defined in the Ontario Water Resources Act. Therefore, approval of the Director must be obtained under section 53 of the Ontario Water Resources Act prior to the construction of the proposed sanitary sewage collection system. The proponent must ensure that the application for approval of sewage works, and appropriate supporting information, are submitted to the Ministry of the Environment for approval. Planning Act Applicability 10.This draft plan was received on or after May 22, 1996 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c. P.13, as amended by S.O. 1996, c.4 (Bill 20). Regional Servicing Agreement 11.The owner/developer is advised that draft approval is not a commitment by The Regional Municipality of Waterloo to water and wastewater servicing capacity. To secure this commitment the owner/developer must enter into an "Agreement for Servicing" with The Regional Municipality of Waterloo by requesting that the Region's Planning and Culture Department initiate preparation of the agreement. When sufficient capacity is confirmed by the Region's Commissioner of Engineering to service the density as defined by the plan to be registered, the owner/developer will be offered an "Agreement for Servicing". This agreement will be time limited, define the servicing commitment by density and use. Should the "Agreement for Servicing" expire prior to plan registration, a new agreement will be required. The owner/developer is to provide the Regional Municipality of Waterloo with two print copies of the proposed plan to be registered along with the written request for a servicing agreement. Registration Release 12.To ensure that a Regional Release is issued by the Regional Commissioner of Planning, Housing and Community Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff can not ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. COUNCIL MINUTES SEPTEMBER 17, 2001366CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT’D) 2.Cont’d Final Plans 13.When the survey has been completed and the final plan prepared, to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of approval, and we have received an assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the City’s Assistant General Manager of Business and Planning Services’, signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration. The following is required for registration and under The Registry Act and for our use: One(1)original mylar Four(4)mylar copies Four(4)white paper prints It is the opinion of this Committee that approval of this application is proper planning for the City. 3.That Site 132 fronting McIntyre Drive in the Huron Business Park be donated to the J. Steckle Heritage Homestead Foundation for the purpose of supporting the future initiatives of the Homestead as outlined in the submission presented to the September 10, 2001 Planning and Economic Development Committee meeting; and, That the deed for Site 132 be kept separate from that of the Homestead lands proper and the above donation be subject to the City having first right of refusal on Site 132 at a nominal purchase cost of $1.00 in the event the lands bequested to the J. Steckle Heritage Homestead Foundation are not transferred to the Foundation at a future date; and further, That staff be directed to enter into discussions with the Homestead Board for the purpose of developing an agreement, satisfactory to the City Solicitor, outlining recognition of City support and provide a detailed recommendation in this regard at a future Committee meeting. (As Amended) 4. That City of Kitchener staff be directed to develop a community-based program of events, activities, and tours for Earth Week 2002 in partnership with the Region of Waterloo and the Grand River Conservation Authority; and further, That Earth Week program funding be established on an on-going basis commencing in 2002 as follows: · $20,000 – Operating Budget of the Environmental Committee · $25,000 – Capital Budget of the Community Services Department 5.That those standards set out in Appendix ‘A’ attached to Development and Technical Services Department report BPS-00-173 be adopted as the City of Kitchener’s digital requirements for submission and processing of Plans of Subdivision, Plans of Condominium, Part Lot Control, Consent and Site Plan applications. Further, that staff be authorized to make administrative and minor changes as required to maintain currency with industry standards, provided that any significant changes be submitted to Council for consideration and approval; and further, That Business and Planning Services and Legal be authorized to make the necessary minor changes to the City’s Standard Residential Subdivision Agreement to reflect the digital submission requirements. COUNCIL MINUTES SEPTEMBER 17, 2001367CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – 1.That Council approve naming of Access Point No. 8 - Natchez Hill, located near the Ottawa Street North and Otterbein Road intersection of the Walter Bean Grand River Trail, as the 'M.R. Good Family Trailway'. 2.That Council acknowledge Clarica for their generous sponsorship of the Clarica Natural Trailway to be located on the Walter Bean Grand River Trail between Schneider Park at Freeport and the Doon Valley Golf Course. 3.That Prueter Public School be awarded a one-time community playground grant in 2001 in the amount of $750. for construction of a new creative playground located within the school campus. 4.That the Centreville Chicopee Neighbourhood Association be awarded a one-time community playground grant in 2001 in the amount of $1,500. for construction of a new creative playground located at the Centreville Chicopee Community Centre. 5.That Council direct staff to add the Victoria Park Historical Committee to the City's Minor Sports/Neighbourhood Association insurance policy. 6.That Council approve the Acknowledgement Form for use in the Senior Day Program, as attached to Community Services Department report CSD-01-145. 7.That the Mayor and Clerk be authorized to execute, with K-W Oktoberfest Inc., an Accreditation Agreement, as well as an agreement dated July 31, 2001 for provision of keg tapping and a band, for the 7th Annual Oktoberfest Party for Seniors, with both agreements to be to the satisfaction of the City Solicitor. 8.That the City of Kitchener co-host the 2002 Ontario Summer Games with the City of Waterloo; and, That the Province of Ontario be requested to contribute a minimum of $500,000. to the cost of hosting the Games; and, That any financial surplus realized by hosting the Games be reinvested in the City's sports communities through a Games Legacy Fund, with details to be developed in co-operation with the participating sports groups and approved by Council at a later date; and further, That any financial loss incurred by hosting the Games be shared on a 50/50 basis between the Cities of Kitchener and Waterloo. 9.That approval be granted to include a general capital provision for food and beverage upgrades in the 10 Year Capital Forecast for the Kitchener Memorial Auditorium Complex and Community Arenas; and further, That staff be directed to proceed with immediate concession upgrades to an upset limit of $172,000. for the Kitchener Memorial Auditorium Complex and $33,000. for the Community Arenas, to be funded through an advance on the 2002 Capital Budget. 10.That the grant requested by the Children's Safety Village of Waterloo Region in the amount of $3,000. to off-set the cost of green fees to hold a Charity Golf Tournament and Silent Auction on September 12, 2001, not be approved. ENVIRONMENTAL COMMITTEE – 1.That Council be advised the Environmental Committee endorses continued support of the Residential Energy Efficiency Project (R.E.E.P.) Phase II, as well as funding support up to a maximum of $20,000. over a two year period; and further, That this matter be referred to the 2002 Budget deliberations. (Dealt with under Delegations and Carried, As Amended) COUNCIL MINUTES SEPTEMBER 17, 2001368CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE (Special Meeting of September 10, 2001) – 1. That the Telecommunications Strategy as outlined in Community Services Department report CSD-01-146 be approved in principle; and, That staff be authorized to request proposals for a new telecommunications infrastructure from qualified vendors; and, That staff be authorized to purchase the necessary components from CLASS Software Solutions Limited to implement the Customer Service Delivery Program; and, That staff be authorized to commence negotiations of a web site development partnership agreement with the City of Markham/Orion Technologies; and further, That capital funding for the above initiatives be provided from the Telephone Reserve Fund. FINANCE AND ADMINISTRATION COMMITTEE (Regular Meeting of September 10, 2001) – 1. That a purchase order be authorized for additional fees for architectural services in the amount of $187,500. plus GST, to reflect the revised construction budget for the Waterloo Region Children’s Museum project; and, That the City assume responsibility for the cost of the firewall; and, That the sandstone and Old City Hall pediment, requested by the architect on behalf of the Children’s Museum, be provided by the City with the installation costs for these materials, estimated at $18,500., being a further contribution by the City of Kitchener to the Museum; and further, That staff proceed to tender construction of the Waterloo Region Children’s Museum based on reassurances that the Museum board can finance the additional costs associated with the revised construction program. (Dealt with under Delegations and Carried Unanimously) 2. That notwithstanding the separation requirements of Municipal Code Chapter 586 (Refreshment Vehicles) the appeal of Carl Trieb for a licence to locate a hot dog cart at 2644 King Street East, Kitchener, be approved. 3. That the City of Kitchener has no objection to a Bingo Lottery Licence being issued to the Kitchener Waterloo Rowing Club to operate bingos at Kitchener Charities Bingo Palace, 29 King Street East, Kitchener. 4. That the document titled “City of Kitchener Response to Proposal of Bingo Strategic Working Group (July 2001) Prize Board Strategy”, as attached to Corporate Services Department report CRPS-01-157 be forwarded to the Alcohol and Gaming Commission of Ontario. (Recommendation Redundant - Dealt with at the special Council meeting of September 10, 2001) 5. That with respect to the membership of all the City’s advisory committees as approved on August 27, 2001, in each instance where an advisory committee membership includes one member from “Inner City Resident”, the list of neighbourhoods include the Mount Hope- Breithaupt Neighbourhood. 6. That the request of Fellowship Christian School for a grant to cover some or all of the fees and charges paid to the City of Kitchener and the Region of Waterloo, associated with the development and construction of the school, be denied. COUNCIL MINUTES SEPTEMBER 17, 2001369CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE – (Regular Meeting of September 10, 2001) - (CONT’D) 7. That Legal Services and Licensing include as part of their overall review of business licences, for those businesses which also have liquor licences, the issue of whether the City can produce a by-law or other legal controls that would restrict and/or control all ages dances in downtown Kitchener; and, That this review also include the effectiveness and feasibility of suspending the business licences of licensed establishments that violate regulations such as: smoking and noise by- laws, fire and safety regulations, and particularly to evaluate the feasibility of suspending the business licence of establishments whose liquor licences have been suspended by the Province; and further, That staff review the feasibility of requiring licensed establishments to hire paid duty officers as a condition of obtaining a licence. (As Amended) 8. That a permanent Geographic Information System (GIS) be created within Information Services, reporting to the Manager of Database Administration and GIS, as outlined in staff report FIN-01-009; and, That the existing contract positions of GIS Technician, GIS Technologist, GIS Application Specialist and GIS Project Manager be made permanent full-time positions effective August 1, 2001; and further, That future staffing requirements and funding proposal as outlined in staff report FIN-01-009, be approved in principle and referred to the operating budget process for 2002 and subsequent years. HERITAGE KITCHENER – 1. That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to designate the real property known as the Freeport Bridge as being of historic and architectural significance; and, That the designation include the following specific features: all molded concrete trusses (chords), all concrete bowstrings (or hangers), decorative concrete handrails, six-foot wide sidewalk, concrete piers, and concrete beams; and, That the designating by-law provide that any alteration in the nature of routine maintenance and repair work, emergency repair work, or alteration required in order to comply with all applicable requirements at law do not affect the reasons for designation, and accordingly will not require the owner to obtain Council approval under Section 33 of the Ontario Heritage Act in respect of such work; and further, That other than emergency repairs, the Region of Waterloo be requested to submit the specifications for all major repairs, required for the bridge to meet all applicable requirements at law, to City staff and in turn Heritage Kitchener for review and comment, prior to undertaking such work. 2.That Engineering Rehabilitation staff be requested to use trap rock as part of the slurry seal resurfacing of roads within the Upper Doon Heritage Conservation District, in an effort to match the existing tar and chip surface as closely as possible. (Motion Lost) COUNCIL MINUTES SEPTEMBER 17, 2001370CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE – 1.That parking be prohibited on the south side of Forwell Road from a point 44 metres east of Centennial Drive to the east limit; and further, That the Uniform Traffic By-law be amended accordingly. 2. That a southbound facing stop control be installed on St. Jerome Avenue at the intersection of St. Jerome Crescent; and further, That the Uniform Traffic By-law be amended accordingly. 3.That based on project costs within a tender that closed August 23rd, 2001, Council re-initiate a revised local improvement under Section 12 of the Local Improvement Act for the construction of a sanitary sewer and connections on both sides of Victoria Street North, from the westerly limit of 1392 Victoria Street North to Lackner Boulevard. COUNCIL MINUTES SEPTEMBER 17, 2001371CITY 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 CHIEF ADMINISTRATIVE OFFICER – 1.Licence i)Refreshment Stand It was resolved: “That M & M Meats be granted permission to operate a refreshment stand, in the Civic Square, on October 12, 2001, provided the necessary licence is obtained, including Fire and Health approvals; and further, That the nominal fee of $10.00 be applicable.” 2.Compliance with Restrictions – 16-82 McBrine Place It was resolved: “That on September 17, 2001, the property described as Unit 18, Level 1, W.N.C.C. Plan 170 and municipally known as 18-62 McBrine Place, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 961067.” 3.Dog Designation Appeal Decisions The decision with respect to the appeal filed by Cory Comer was dealt with under Delegations. It was resolved: “That the August 27, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Jamie Burt, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed.” - and - “That the August 27, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Denis Migneault, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed.” 4.Amendment to Lease Agreement – 106 King Street West It was resolved: “That the Mayor and Clerk be authorized to execute an Amendment to Lease, dated September 1, 2001 with Wasilah Khan carrying on business in the name and style of 'J.H. Sports' to revise the existing Lease dated June 8, 2000.” COUNCIL MINUTES SEPTEMBER 17, 2001372CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 5.Pink Circling Arbitration Award – CUPE Local 791 It was resolved: “That effective the date of ratification Council adopt a 50% Pink Circle Policy for the CUPE Local 791, Non-Union, Management (Grade 20 and below) and 9000 Series Employee Groups in the form appended to Strategic Services Department report SSD- 01-006; and further, That Council approve the extension of retroactive pay to pink circled CUPE Local 791, Non-Union, Management (Grade 20 and below) and 9000 Series employees (current staff on payroll only) in the same manner as CUPE Local 791 grievors received as a result of the Pink Circling Arbitration Award.” 6.Encroachment Agreement – 28 Samuel Street It was resolved: “That the Mayor and Clerk be authorized to execute an encroachment agreement with the owner(s) of the property municipally known as 26 Samuel Street to permit the construction and maintenance of a fence that will encroach 4 feet, more or less, into the Samuel Street road allowance.” 7.Release of Easement Rights – South Drive, Pleasant Avenue, Queensmount Crescent 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 Nos. A-13921 and B-14408, as renewed by Instrument Nos. A-73991 and B-31862 and 1445149, respecting Lots 78, 81, 82, 83, 212, 213, 260, 261, 262, 263, 270, 271, 272, 273, 303, 304, 305, 306, 321, 322, 323, 337, 338, 339. 340 and Block B according to Registered Plan 230.” 8.Various Tenders Dealt with under Delegations. 9.Security Officers as Provincial Offences Officers – Trespass Offence Notices Council was in receipt of Corporate Services Department report CRPS-01-150 (G. Melanson), dated September 5, 2001. It was resolved: “That the City of Kitchener renew its request, adopted by resolution dated May 29, 1999, that the City’s Security Officers be designated by the Province (the Ministry of the Solicitor General) as Provincial Offences Officers to issue Provincial Offences Notices (tickets) and Part I and Part III summonses for offences under the Trespass to Property Act; and further, That the City’s Legal Services continue efforts to assist the application for designation; and further, That a copy of this resolution and report be sent to the local Members of Provincial Parliament, the Minister of Consumer and Business Relations (the Honorable Norman Sterling) to be reviewed in the context of his Ministry’s initiative “Building Safer Communities – Safer Communities Through Co-Operative Enforcement” and the City of Mississauga for their information and assistance; and further COUNCIL MINUTES SEPTEMBER 17, 2001373CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 9.Security Officers as Provincial Offences Officers – Trespass Offence Notices – (Cont’d) That Council affirm that: (a) Council Policy I-314 has been in effect since March 29, 1999, save for section 4(d) (relating to the City’s Security Officers ability to issue Provincial Offence Notices under the Trespass to Property Act) which shall become effective upon receipt of the legal authority from the Province to have the City's Security Officers designated as Provincial Offences Officers, and bearing in mind the Police have the power to issue Provincial Offences Notices, and (b) Six months following receipt of the legal authority from the Province to have the City's Security Officers designated as Provincial Offences Officers, Staff shall prepare a report for submission to the Finance and Corporate Services Committee reviewing the experience of Policy I-314. “ Councillor B. Vrbanovic expressed frustration due to the lack of support and action by the Province for an initiative which has already been undertaken by other Ontario municipalities. He suggested that it may be necessary for Council to meet with local members of Provincial Parliament to discuss the matter further, and suggested that it should not take two years to resolve such a simple matter. 10.Sale of Tickets – Victorian Order of Nurses Council was in receipt of Corporate Services Department report CRPS-01-158 (J. Koppeser), dated September 5, 2001, recommending endorsement. It was resolved: “That the City of Kitchener has no objection to the Victorian Order of Nurses Waterloo- Wellington-Dufferin Branch, 255 Woodlawn Rd. W., Suite 201, Guelph, Ontario, N1H 8J1, being granted permission to sell tickets in the City of Kitchener for a raffle draw to be held on October 31, 2001 at 255 Woodlawn Rd. W., Suite 201, Guelph, Ontario.” 11.Sale of Tickets – Canadian Diabetes Association, Ontario Division Council was in receipt of Corporate Services Department report CRPS-01-168 (J. Koppeser), dated September 12, 2001, recommending endorsement. It was resolved: “That the City of Kitchener has no objection to the Canadian Diabetes Association, Ontario Division, 15 Toronto Street, Suite 800, Toronto, Ontario, M5C 2E3, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held from November 5, 2001-January 4, 2002 at the Canadian Diabetes Association, 15 Toronto Street, Suite 800, Toronto, Ontario.” 12.Sign Variance Application SG 2001-014 – K-W Oktoberfest Inc. – Benton Street at Charles Street Council was in receipt this date of Development & Technical Services Department report BPS-01-116, recommending approval of a request from K-W Oktoberfest Inc. for permission to locate a portable sign on City-owned lands on the south-east corner of Benton and Charles Streets. COUNCIL MINUTES SEPTEMBER 17, 2001374CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 12.Sign Variance Application SG 2001-014 – K-W Oktoberfest Inc. – Benton Street at Charles Street – (Cont’d) It was resolved: “That notwithstanding Section 680.26.1 of the Municipal Code (Sign By-law), and given the temporary nature of the sign variance request, Council approve Submission SG2001-014 requesting permission to locate a portable sign with electronic readerboard at 19 Benton Street in Oktoberfest Platz in a D-1 zone, as shown on the drawing appended to Development & Technical Services Department report BPS-01-16, for the period from October 1 to October 13, on municipally owned property and within 23 metres of a traffic signal; and, That Council waive any notice requirements; and further, That Council consider the request of K-W Oktoberfest to refund the Minor Variance application fee and waive the Sign Permit fee, as requested in the letter appended to report BPS-01-116.” 13.Committee of Adjustment Decisions – Various Dealt with under Delegations. 14.Special Event / Refreshment Stand Licence – Retail Sales Tax Office Council was in receipt this date of Corporate Services Department report CRPS-01-171 (J. Koppeser), dated September 17, 2001, recommending approval of a request from the Retail Sales Tax Office. It was resolved: “That the request of the Retail Sales Tax Office to sell food at 305 King St. W., on October 10, 2001, be granted, provided the necessary licence, including is obtained Health and Fire approvals; and further, That the Special Event licence fee of $25.00 be applicable.”