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HomeMy WebLinkAboutCouncil Minutes - 2001-10-02COUNCIL MINUTES OCTOBER 2, 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 Victoria Whitman, King School of Vocal. Council was in receipt this date of correspondence from S. Gyorffy requesting clarification of wording in the September 17, 2001 minutes (regular meeting). On motion by Councillor G. Lorentz, the minutes of the regular meeting held September 17, 2001, were amended on Page 355, with respect to the delay in widening Victoria Street South between King and Park Streets, to record that the delay is due to the fact that underground servicing cannot proceed until completion of the current Environmental Assessment with respect to the road work. On motion by Councillor G. Lorentz, the minutes of the regular meeting held September 17, 2001, as amended, and special meetings held September 17 and 24, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE – (a)Letter dated September 26, 2001, from G. Sosnoski, City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Ms. P. Houston, General Manager of Financial Services, attended with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler “That Expression of Interest E01-105, Architect Services - Stanley Park Community Centre, be Levitt Goodman - Oleson Worland Architects, Toronto, Ontario awarded to at their estimated fee of $141,454., 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 Tender T01-083 – Residential Appliance Service Protection Plan, be awarded to Integrated Warranty Systems Inc., London , Ontario, at a five (5) year projected cost of $511,850.00., plus G.S.T. and P.S.T. “ Upon questioning, Ms. P. Houston advised that the tender for the Residential Appliance Service Protection Plan is specialized work and only one tender was expected and received. Councillor B. Vrbanovic noted that the architect chosen for the Stanley Park Community Centre is the same architect who is designing the Waterloo Region Children’s Museum. Carried. The tenders were then voted on and Council was in receipt this date of correspondence from R. Haalboom dated October 1, 2001 containing comments relative to the City of Kitchener by-law for Upper Doon and Monarch Construction. 1.Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler “That the report of the Planning and Economic Development Committee be adopted.” Carried. COUNCIL MINUTES OCTOBER 2, 2001378CITY OF KITCHENER - - 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.” Ms. P. Houston commented on Clause 9 of the report advising that this is the third time in four years that the Province has delayed the tax billing process and not the second time as noted in the resolution. The information provided by Ms. Houston was accepted by the mover and seconder of Clause 9 as a friendly amendment that was agreed to by Council. Voted on Clause by Clause. Carried, as Amended. Clause 9 – Carried. Balance of report – 4.Moved by Councillor J. Smola Seconded by Councillor B. Vrbanovic “That the report of the Public Works and Transportation Committee be adopted.” Carried. Councillor G. Lorentz advised of concerns raised by residents relative to the City’s curbside leaf clean-up program which, this year covers only part of the City. He noted that there are heavily treed areas in the City which appear not to be covered by the Program this year and which in the past required front end loaders to remove leaves. Councillor Lorentz questioned staff as to the rationale for the collection areas and requested Council be provided with a list of streets covered by the Program. Mr. F. Pizzuto noted that staff are working on a communications program to advise residents of those areas covered by the Leaf Collection Program, acknowledging that having selected curbside leaf collection areas is a change to the program from previous years. He also noted that leaves will be cleared on other streets, as the situation warrants; however, there are no identified exemptions at this time. He asked that Councillors refer all calls from constituents to the Community Services Department. Mr. S. Gyorffy advised that next year the Region will be responsible for leaf collection, and at that time all leaves will have to be bagged, as there will no longer be municipal curbside clean- up of leaves. He also noted that Supervisors can exercise discretion regarding additional streets requiring leaf clean-up. Councillor J. Ziegler referred to a concern raised some time ago about the use of jake brakes by trucks within the City of Kitchener, and advice from staff that the Province will not allow a municipality to post signs on Provincial highways prohibiting their use. He referred to signs he had seen on Highway 6, in Espanola recently, which note the municipality’s by-law prohibiting the use of jake brakes. He advised that he will provide staff with the by-law number and directed them to review the matter and report back to Council. Councillor M. Galloway referred to an issue previously raised by him relative to drainage problems at 89 Chapel Hill Drive, as a direct result of the recent development on adjacent properties. Councillor Galloway provided the City Clerk with four information packages outlining these drainage problems and asked that they be distributed to the appropriate of staff for resolution. Mayor C. Zehr referred to a court action in the Province of Quebec with respect to pesticide use, and noted that there are a number of groups in this area promoting a review of pesticide use, and that the Region is prepared to co-ordinate a review by area municipalities. Councillor Vrbanovic confirmed that this matter will be discussed at the November meeting of the Environmental Committee. COUNCIL MINUTES OCTOBER 2, 2001379CITY OF KITCHENER - - Councillor C. Weylie noted members of the audience are in attendance relative to their applications for cancellation, refund, reduction or levy of taxes. Council then dealt with the tax adjustments listed as Clause 10 on the Committee of the Whole agenda of this date. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway “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.” Mr. Dimitri Nenkov appeared relative to his applications (Items 95 & 96) for his property at 528 Lancaster Street West. He advised that he had received a reduction in assessment eleven months ago for this property and questioned why it took the City so long to adjust his tax bill. He also gave notice that he would be closing his business at this address in September, 2002. Ms. Houston advised that the City is required to base its tax bills on the assessment in effect on December 31, the year prior to the tax billing. If a property’s assessment has been reduced subsequent to December 31, the only way to receive a reduction or refund of those taxes is by application to Council, as is being done at this meeting. The motion by Councillor Weylie to adopt the staff recommendations relative to the cancellation, Carried. reduction, refund or levy of taxes was voted on and On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 5.Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “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. The meeting recessed at 7:50 p.m. and re-convened at 8:30 p.m. with all members present. Mr. Dean Feltham attended to request that Council pass a by-law to lift Holding Provision 38H of By- law 99-225 in respect to the property he proposes to develop at 491 Highland Road West. In this regard, Councillor C. Weylie put forward a motion to give three readings to a by-law to lift the Holding Provision; subject to the lifting of the Provision taking effect upon receipt by the City of a letter of acknowledgement from the Ministry of the Environment of their receipt of a Record of Site Condition for Parts 1, 2 and 5, Reference Plan 58R-13178; and, subject to receipt of a letter from the Region of Waterloo that conditions outlined in their correspondence dated October 1, 2001, have been fulfilled. Mr. Feltham addressed Council, identified the subject property, and advised that with one exception, the soil and groundwater remediation on the site has been completed. He described his difficulty in obtaining a response from the Ministry of the Environment on the Record of Site Condition, the difficulty this causes him as winter approaches, and the fact that his construction contract is due to start this week. He advised that the site clean-up work to date has cost $150,000. Mr. David Estrin, Gowling Lafleur Henderson LLP – Toronto, solicitor for Mr. Feltham, referenced the Holding Provision in the City’s by-law, and the fact that a letter of acknowledgement from the Ministry of the Environment is required to lift the Provision. He pointed out the delay experienced in receiving such a letter from the Ministry of the Environment and advised that they hoped to meet the City’s by- law requirement with respect to lifting the Holding Provision through conditions in their agreement with the Region. He suggested this would meet the spirit and intent of the by-law and asked that the motion put forward by Councillor Weylie be amended to remove the requirement for a letter of acknowledgement from the Ministry of the Environment. COUNCIL MINUTES OCTOBER 2, 2001380CITY OF KITCHENER - - Councillor C. Weylie questioned the City’s position with respect to any audit which may be required by the Ministry, should Council comply with Mr. Estrin’s request. Mr. Estrin responded that the City would be protected as the developer must sign an agreement with the Region and provide them with security; and further stated that this client, and not the City, would be responsible should the Ministry require an audit. Mr. J. Shivas advised Council that the wording of the motion put forward by Councillor Weylie is the wording which ought to be considered by Council. He indicated that the Ministry of the Environment has requested five changes to the submitted Record of Site Condition for this property and have not yet advised that they are satisfied with the changes proposed by the developer. He pointed out the by-law states that the Holding Provision cannot be lifted until a letter has been received from the Ministry stating that they are satisfied with the Record of Site Condition. Mr. Shivas suggested that the City wait for a letter from the Ministry; pointing out that to do otherwise would put Council in the realm of amending the by-law without giving the required public notice. Mr. Kevin Eby, Director of Community Planning, Region of Waterloo, advised Council that there is only a small portion of the property for which acknowledgement by the Ministry of a Record of Site Condition is required. He pointed out that the remainder of the property has been remediated and a Record of Site Condition has been acknowledged by the Ministry of the Environment for the larger part of the property. He advised that the agreement proposed between the owner and the Region relates only to the smaller portion of the property for which acknowledgement from the Ministry has not yet been received. Mr. Eby recommended that if the City is to depend on the Regional agreement as the condition by which the Holding Provision will be lifted, the agreement would have to be expanded. Council discussed various options to assist the developer in meeting his construction schedule. Mr. David Estrin suggested that Council enact a by-law to lift the Holding Provision on this property, subject to the Region receiving acknowledgement from the Ministry of the Environment that they have a Record of Site Condition, as outlined in the Regional agreement. Further, he suggested that the City deem that the intent of By-law 99-225 will have been met by this action. Mr. J. Shivas advised Council that the City should await the letter of acknowledgement from the Ministry of the Environment. However, if Council is determined to address the matter at this meeting, and keeping in mind the City’s objective to improve the appearance of the property, he suggested Council could pass a motion to lift the Holding Provision subject to the Region’s receipt of a letter from the Ministry of the Environment acknowledging the Record of Site Condition for this property; and deeming that this fulfills the requirement of By-law 99-225. Based on the advice of Mr. Shivas, Councillor Weylie withdrew her previous motion and put forward a new motion. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz “That Council give three readings this date to the by-law lifting Holding Provision 38H in respect to 491 Highland Road West, subject to the action of lifting the Holding Provision coming into effect upon the City receiving a letter from the Regional Municipality of Waterloo confirming that the conditions outlined in the Regional letter dated October 1, 2001 to the City have been fulfilled pursuant to an agreement with the Region with respect to the site described as Parts 1, 2, 3, 4 and 5 on Reference Plan 58R-13178; and further, That upon fulfilment of the above condition; the City, in accordance with provisions of the Regional Official Policies Plan related to development on contaminated land, deems the intent of Section 4 of By-law 99-225 to have been met in lieu of the requirement that the City receive acknowledgement from the Ministry of the Environment of the Record of Site Condition.” Carried. Council agreed to a request from Mr. G. Sosnoski to add five additional by-laws to the agenda for three readings this date: the first by-law dealing with the appointment of the City’s Auditor as directed in Clause 6 of the Finance and Administration Committee report; two by-laws with respect to a Municipal Plan Amendment and Zone Change at 21 Krug Street as directed in Clause 1 of the Planning and Economic Development Committee report; a by-law to establish and lay out part of Old COUNCIL MINUTES OCTOBER 2, 2001381CITY OF KITCHENER - - Mill Road; and, a by-law with respect to the Holding Provision in the Zoning By-law relative to the property at 491 Highland Road West. 6.Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That the by-laws listed on the agenda this date, namely: (a)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. 2001-180) (b)To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities. (By-law No. 2001-181) (c)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. 2001-182) (d)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting the appointment of Staff. (By-law No. 2001-183) (e)To confirm all actions and proceedings of Council. (By-law No. 2001-184) (f)Being a by-law to amend Chapter 103 of The City of Kitchener Municipal Code regarding the appointment of an Auditor. (By-law No. 2001-185) (g)Being a by-law to adopt Amendment No. 37 to the Municipal Plan – 21 Krug Street. By-law No. 2001-186) (h)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – Krug Street – Len Gibson. (By-law No. 2001-187) (i)Being a by-law to provide for the establishing and laying out of part of Old Mill Road as a public highway in the City of Kitchener. (Bylaw No. 2001-188) (j)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener – D.G.F. Management Ltd. – Highland Road West (By-law No. 2001-189) be taken as read a first, second and third time, be finally passed and number serially by the Clerk.” Carried. On motion, the meeting adjourned at 9:07 p.m. COUNCIL MINUTES OCTOBER 2, 2001382CITY OF KITCHENER - - MAYORCLERK COUNCIL MINUTES OCTOBER 2, 2001383CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1.A.That Council approve Municipal Plan Amendment Application MP 01/03/K/ET (21 Krug Street - Len Gibson), being an amendment to the King Street East Secondary Plan to: i) Add new Policy 13.2.3.5 (Part 3), thereto as follows: “13.2.3.5.Notwithstanding the Low Rise Conservation land use designation on the lands known as 21 Krug Street, a multiple dwelling having a maximum of 6 dwelling units shall be permitted.” ii) Revise Map 10, King Street East Neighbourhood Secondary Plan, by adding special policy area “5” to the property known as 21 Krug Street. It is the opinion of this Committee that approval of this application is proper planning for the City. B.That Zone Change Application ZC 00/25/K/ZJ (21 Krug Street - Len Gibson) requesting the addition of a new Special Regulation Provision 362R to the existing Residential Five Zone (R-5) on the land legally described as Part of Lot 24, Municipal Compiled Plan of Subdivision of Lot 2, German Company Tract, municipally known as 21 Krug Street, be approved, in the form shown in the “Proposed Zoning By-law”, dated August 28, 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 a recommended Amendment (MP 01/03/K/ET) to the City’s Municipal Plan. 2.That Council reaffirm that land use related policies of the Upper Doon Heritage Conservation District Plan not apply to lands located within the heritage district boundary situated south of the cul de sac off of Oregon Court and forming part of Draft Plan of Subdivision 30T-95018 (Doon Mills - Monarch Construction Limited), as shown on the map attached as Appendix “C” to Development and Technical Services Department report BPS-01-120. 3.That Council consider the recommendations of the Compass Kitchener Committee as outlined in Compass Kitchener Committee Report, dated September 20, 2001 and relating to Direction #1 (City/Citizen Relationship); and, That following consideration by Council, and where appropriate, the recommendations be referred to staff or an advisory committee for further exploration and/or implementation; and, That staff report to Council by December 1, 2001 as to what recommendations can be implemented in the short-term; and further, That in September 2002, a staff report be presented to Council indicating progress on the recommendations. COMMUNITY SERVICES COMMITTEE – 1. That a one-time grant of $750.00 be approved for the Board of the Serbian Language School ‘St. Sara’, Kitchener- Waterloo, to assist with the expenses related to hosting a Serbian cultural event, to be held November 8, 2001. 2. That Council’s policy of March 2000 with respect to ‘% for Art’ be amended so as to apply to those civic buildings or other civic projects intended for general public use, where the project budget is $100,000. or more; and, That the Policy Implementation Guidelines attached as Appendix 'A' to Community Services Department report CSD-01-157 be approved, as amended, to apply this policy to new construction of and additions to civic buildings and civic projects having a project budget of at least $100,000.; and further, COUNCIL MINUTES OCTOBER 2, 2001384CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 2.(Cont’d) That libraries be added to the list of civic buildings and projects to which this policy applies. FINANCE AND ADMINISTRATION COMMITTEE – 1. That the request of Peyman Jabari for a reduction of the penalty and interest charges on tax arrears for his properties at 19 King Street East be denied. 2. That $5,000. plus G.S.T. be allocated in 2001, as a capital budget over expenditure, for the purchase and installation of automatic door openers on the set of doors located in the City Hall parking garage, P1 level Tower Elevator Lobby, adjacent to the designated parking for disabled persons; and further, That $10,000. be allocated annually in the capital budget in 2002 – 2005 for the installation of automatic door openers on 2 sets of doors each year in the City Hall parking garage, as outlined in Community Services Department report CSD-01-166. 3. That the request of the Community Services Department to allow three food vendors to operate in Civic Square during the Oktoberfest Opening Ceremonies on October 5, 2001, be approved, subject to obtaining the necessary ‘Special Event’ licence including Health and Fire approvals. 4. That consideration of Corporate Services Department report CRPS-01-172 (Non-Erotic be deferred and referred to the October 15, 2001 Finance Massage – Licensing By-law) and Corporate Services Committee meeting ; and further, That staff provide the Committee with copies of the Town of Richmond Hill by-law concerning Complementary Health Modalities, and advise the Committee of recent changes made to the City of London by-law. 5. That the request of the German Pioneers Day Committee for a food vendor to locate in Civic Square on October 9, 2001, during the German Pioneers Day event be approved, subject to obtaining the necessary ‘Special Event’ licence including Health and Fire approvals. 6. That consideration be given, during 2002 budget deliberations, including the following Fire Service capital items in the City’s capital forecast: (a) Replacement Plan for MPA portable radios; · 2002 – approximately $35,000. to replace six portable radios; · 2003 – approximately $69,000. to replace twelve portable radios; · 2004 – approximately $69,000. to replace twelve portable radios; · 2005 – approximately $75,000. to replace thirteen portable radios; · total cost of replacing radios - $248,000. including taxes. (b) 2002 – $161,000. including taxes, to purchase Building Collapse and Trench Rescue Equipment and required training to support Emergency Rescue Operations. (c) 2005 – $400,000. acquisition of land for proposed Fire Station #7. 7. That Council consider a by-law, in the form attached to Financial Services Department report FIN-01-021, at its October 2, 2001 meeting, to amend Municipal Code Chapter 103 (Auditor) to reappoint Ernst and Young as Auditors for the City of Kitchener, its Boards and Enterprises, for 2001, 2002, 2003. COUNCIL MINUTES OCTOBER 2, 2001385CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE – (CONT’D) 8. That effective October 1, 2001, the staff complement for Accounting, Financial Services Department, be increased by one part-time Accounting Clerk; with the net funding for this position being included in the 2002 operating budget; and further, That the request of Accounting, Financial Services Department for one additional full-time Accounting Analyst be deferred and referred to 2002 Budget deliberations. 9. That the request of Bethany Evangelical Missionary Church for an exemption to Municipal Code Chapter 450 (Noise) relative to their Christmas Pageant to be held from 6-9 p.m. on December 6-9, 2001, be approved. 10. WHEREAS for the third time in the last 4 years the Province of Ontario has brought about last minute changes which have had an impact on Municipal taxes, and as a result Municipal cash flow; THEREFORE BE IT RESOLVED THAT the City of Kitchener invoice the Province of Ontario for the cost of programming changes resulting from Provincial standardization of the Municipal tax bill and the loss of interest income resulting from billing delays; and further, That this resolution be forwarded to the Association of Municipalities of Ontario and they be requested to encourage all Ontario municipalities, who may have incurred costs or lost revenue due to last minute changes, to invoice the Province. (As Amended) PUBLIC WORKS AND TRANSPORTATION COMMITTEE – 1. That an all-way stop control be installed on Rittenhouse Road, at the southerly intersection of Folkstone Crescent / Rosebank Crescent; and further, That the Uniform Traffic By-law be amended accordingly. 2. That the Mayor and Clerk be authorized to execute an agreement dated January 24, 2001, satisfactory to the City Solicitor, with Warmth for all Charitable Corporation (Share the Warmth). 3. That Council waive the consultant selection process and retain Planning & Engineering Initiatives Limited as the engineering consultant to undertake a Section B - Class Environmental Assessment for the naturalization of the Henry Sturm Watercourse XV, being undertaken in conjunction with Highland West Community Subdivision; and further, That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, for the provision of professional engineering services between the City of Kitchener and Planning & Engineering Initiatives Limited. 4. That Kitchener Utilities be authorized to sponsor the Residential Energy Efficiency Program (REEP) through the Demand Side Management Program. COUNCIL MINUTES OCTOBER 2, 2001 386CITY OF KITCHENER - - COMMITTEE OF THE WHOLE A. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – 1.Licence i)Massagists It was resolved: “That Lisa Williams, Crystal Thagard and Janice Langenegger, employed at 2271 Kingsway Drive, Kitchener, be granted 2001 Adult Entertainment Parlour Attendant licences.” 2.Engineering Agreement – Stantec Consulting Limited (Laurentian Village Subdivision) 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 Laurentian Village – Stages 1 & 2, Plan 30T-96001.” 3.Appointment of Chief Administrative Officer – J. Fielding It was resolved: “That Jeff Fielding be appointed as the Chief Administrative Officer for the City of Kitchener effective October 22, 2001, with R.W. Pritchard to continue to fill the role of Interim Chief Administrative Officer until that date.” 4.Dog Designation Appeal Decision It was resolved: “That the September 17, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Elisabeth Szenyi, wherein the Committee rescinds the Restricted Dog designation, be ratified and confirmed.” 5.Sale of Fire Hall – 15 Ottawa Street North It was resolved: “That City Council approve the bid under Tender T01-102 received from the Kitchener Mennonite Brethren Church for the former Fire Hall #3 located at 15 Ottawa Street North; and further, That staff prepare and return with the executed Offer of Purchase and Sale for Council approval.” 6.Various Tenders Dealt with under Delegations. 7.Sale of Tickets – Alzheimer Society of Ontario Council was in receipt of Corporate Services Department report CRPS-01-177 (J. Koppeser), dated September 19, 2001, recommending endorsement. It was resolved: “That the City of Kitchener has no objection to the Alzheimer Society of Ontario, 1200 Bay Street, Suite 202, Toronto, Ontario, M5R 2A5, being granted permission to sell COUNCIL MINUTES OCTOBER 2, 2001 387CITY OF KITCHENER - - COMMITTEE OF THE WHOLE A.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 7.Sale of Tickets – Alzheimer Society of Ontario – (Cont’d) tickets in the City of Kitchener for a series of draws to be held from December 4 to December 18, 2001 at the offices of KPMG, 200 Consumers Rd., Willowdale, Ontario, M2J 4R4.” 8.Sale of Tickets – Canadian Cancer Society, Ontario Division Council was in receipt of Corporate Services Department report CRPS-01-175 (J. Koppeser), dated September 18, 2001, recommending endorsement. It was resolved: “That the City of Kitchener has no objection to the Canadian Cancer Society, Ontario Division, 1639 Yonge Street, Toronto, Ontario, M4T 2W6, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held from December 6, 2001 to December 19, 2001 at the offices of the KPMG, 200 Consumer Road, Suite 500, Willowdale, Ontario, M2J 4R4.” 9.Sale of Tickets – Heart & Stroke Foundation of Ontario Council was in receipt of Corporate Services Department report CRPS-01-179 (J. Koppeser), dated September 21, 2001, recommending endorsement. It was resolved: “That the City of Kitchener has no objection to the Heart & Stroke Foundation of th Ontario, 1920 Yonge St., 4 Floor, Toronto, Ontario, M4S 3E2, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held from February 19, 2002 to March 4, 2002 at the Global Television Studio, 81 Barber Green Rd., Don Mills, Ontario.” 10.Applications for Cancellation, Refund, Reduction or Levy of Taxes – October 2, 2001 Hearing Dealt with under Delegations. 11.Director of By-law Enforcement Council was in receipt this date of Corporate Services Department report CRPS-01-183 (G. Sosnoski), dated October 2, 2001, recommending ratification of previous in-camera direction. It was resolved: “That the position of Director of By-law Enforcement be created effective October 2, 2001.”