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HomeMy WebLinkAboutCouncil Minutes - 2001-10-22COUNCIL MINUTES OCTOBER 22, 2001CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor C. Weylie. The meeting began with the singing of “O Canada” by Kaitlyn McQuaid and Jina Savatdy, King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held October 2, 2001, and special meetings held October 2 and 15, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE – (a)Letter dated October 17, 2001, from G. Sosnoski, City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. COMMUNICATION REFERRED TO FILE – (a)Correspondence from Hon. E. Witmer, MPP, dated July 11, 2001, acknowledging receipt of Council’s resolution concerning designation of security officers as Provincial Offences Officers. Mr. L. Gordon, Manager of Purchasing, attended with respect to the tenders listed on the Committee of the Whole agenda. In response to a question from Councillor J. Ziegler regarding Expression of Interest E01-099, Consultant Services – Parking Garage Design, Mr. Gordon advised that there is no standard design available that can be guaranteed to withstand the elements and the effects of road salt to which parking structures are subjected. He stated that as long as concrete is used and the structure is exposed to road salt from the cars that park inside, maintenance problems will occur. He pointed out that Read Jones Christoffersen Ltd., who are known as leaders in the industry, has been chosen for their expertise, and their design is felt to be the most effective in meeting the City’s needs. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler “That Tender T01-108, Montgomery Creek Pedestrian Bridge Structure Replacement and 935623 Ontario Limited (o/a Moorefield Concrete Abutment Modifications, be awarded to Excavating), Palmerston, Ontario at their tendered price of $89,283.48, including P.S.T. & G.S.T.” - and - “That Expression of Interest E01-099, Consultant Services - Parking Garage Design, be Read Jones Christoffersen Ltd., Toronto, Ontario awarded to at their estimated fee of $449,119.13, including disbursements and 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. Mayor C. Zehr introduced Mr. Jeff Fielding, the newly appointed Chief Administrative Officer. Mr. Fielding stated that he looked forward to working with Council and the community, and hoped to bring forward new ideas from his experience working in other communities. Ms. P. Houston attended to announce that the Waterloo Regional Education & Public Network (WREPNet), to which the City is a founding partner, was the recipient of the “Diamond Award” given by the Showcase Ontario 2001 Awards of Excellence program. Ms. Houston noted that WREPNet is a high speed, fibre optic community information network, created in partnership with the two local school boards, area municipalities, local libraries and private sector technology partners. It is the largest community network project of its kind in the world connecting 227 sites in local schools, municipal offices, libraries and other public organizations throughout the Region. WREPNet is recognized as one of the best examples in the Province of excellence in information technology and was awarded the top prize in the “Working Together” category. COUNCIL MINUTES OCTOBER 22, 2001403CITY OF KITCHENER - - Ms. Houston then presented the “Diamond Award” to Mayor C. Zehr who accepted on behalf of the City. Mayor Zehr expressed appreciation to staff, noting that the success of the project has provided a vehicle for information sharing among numerous public organizations within the Region and has drawn the attention of others outside the Region. Mr. D. Shafer, Executive Vice-President and General Manager of Torstar Media Group, appeared as a delegation regarding an application by Torstar to the Canadian Radio and Telecommunications Commission (CRTC) for approval to launch a local television station, “Hometown Television”, in Kitchener-Waterloo, Hamilton and Toronto. He advised that “Hometown Television” would be a full service television station offering programming specific to the local community and, of the 298 jobs created in the 3 market areas, 84 will be in Kitchener-Waterloo. Mr. Shafer further advised that Torstar has the resources and financial backing to undertake this project, with $10.6M in spending proposed for programming and a commitment of over $5M in capital. Mr. Shafer commented that Torstar has years of experience in these markets and research has indicated support within the community for this type of television programming. Accordingly, Mr. Shafer requested Council to write to the CRTC in support of Torstar’s application. Concerns were raised with the creation, whether real or perceived, of a media monopoly with the current Kitchener Record and proposed television station. Mr. Shafer advised that the CRTC shares this concern. He pointed out that in response, it is intended editorial management will be kept separate between newsrooms of the newspaper and the television station. He noted, however, that it makes sense to share infrastructures such as payroll and administration. In addition, he noted that information could be shared on occasion, citing examples of film footage that may be appropriate for inclusion in the newspaper’s website; or, within the newspaper’s archives there may be materials suitable for a television documentary. Concerns were also raised respecting the viability of the project to sustain itself within existing markets. In this regard, Mr. Shafer pointed out that considerable research has been undertaken and Torstar is convinced their model is sustainable. He stated that this model is primarily of Canadian content requiring less operating costs and less shares in the marketplace. He further advised that this station will have regular programming schedules that will generate a more commercial environment than the local cable network station. In respect to a question regarding Torstar’s commitment to the area relative to the jobs created, Mr. Shafer advised that commitment has been made to the CRTC and based on experience it would be difficult to run the station with fewer than the staff proposed. In response to further questions, Mr. Shafer stated that determining the optimum number of stations in a given market is difficult, requiring delicate balancing. He advised that research indicates there are 17 frequencies available, 3 of which are within the proposed market, and it is Torstar’s belief that their model will enhance and fill a need within the community that does not presently exist. He further advised that while he was not certain as to the specific criteria of evaluation used by the CRTC, he felt it would be important to consider firstly, if the project is sustainable within the market and, secondly, if it has been proven there is need for the type of service offered. Mr. Shafer stated that Torstar believes their model is viable and will provide real benefit to the community. Mayor C. Zehr thanked Mr. Shafer for his presentation and advised that he would be provided with Council’s response in due course. Mr. Hugh Handy, Zelinka Priamo Limited, Guelph, attended in support of Clause 5 of the Development & Technical Services Committee report regarding Municipal Plan Amendment application MP/01/04/S/GR, dealing with the widening of Strasburg Road. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That Clause 5 of the Development & Technical Services Committee report be adopted.” Carried. Mr. George Demetriou, owner of Felicity’s Night Club, attended to express concern with respect to the City’s Early Closing Hours By-law. Mr. Demetriou indicated that he had attended several meetings in opposition to the By-law as he believed it would adversely affect his business and his livelihood. He pointed out his facility functions primarily as an after hours business and prior to the by-law being passed this was a permitted use. He stated that he has tried to comply with the By-law; however, did not COUNCIL MINUTES OCTOBER 22, 2001404CITY OF KITCHENER - - understand why the changes had been made. Mr. Demetriou questioned if any thought had been given as to the negative impact this By-law would have on existing businesses and, in particular, his own livelihood. Mayor C. Zehr advised that Mr. Demetriou’s concerns also relate to Item B.7 of the Committee of the Whole agenda respecting the striking of a tribunal to consider whether to suspend, revoke or impose conditions with respect to the business licence issued for the operation of the Felicity’s Night Club. In response to questions from Councillor B. Vrbanovic, Mr. Demetriou advised that he had tried to comply with the by-law; however, he felt his business was being adversely affected and re-opened on several occasions, including this past weekend. This resulted in charges being brought against him on four occasions. In response to further questions, he advised that he operates the business from 9:00 p.m. to 6:00 a.m. and does not display a sign advertising the hours of operation. Councillor B. Vrbanovic then brought forward for consideration the recommendation in Item B.7 of the Committee of the Whole agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola “That a tribunal be struck under the authority of the Municipal Act, to conduct a hearing to determine whether to suspend, revoke or impose conditions with respect to business license No. 211250 issued to 1384885 Ontario Inc. operating as 'Felicity's', 1 Queen Street N.; and, That Councillors B. Vrbanovic, J. Ziegler and M. Galloway be appointed as members of the tribunal and Councillor J. Smola be appointed as an alternate member; and further, That the hearing be scheduled, and notice given, for Tuesday November 6, 2001 at 9:30 a.m. at Kitchener City Hall, following which a report will be submitted to Council for its consideration.” Carried. Mayor C. Zehr advised that the tribunal hearing would be held on November 6, 2001 at 9:30 a.m. in the Caucus Room at City Hall and invited Mr. Demetriou to attend the hearing to speak to his issues concerning the operation of Felicity’s Night Club. 1.Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That the report of the Development & Technical Services Committee be adopted.” Voted on Clause by Clause. Dealt with under Delegations and Clause 5 – Carried. Carried. Balance of report - 2.Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “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 Corporate Services Committee be adopted.” Carried. COUNCIL MINUTES OCTOBER 22, 2001405CITY OF KITCHENER - - 4.Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That the report of Heritage Kitchener be adopted.” Carried. 5.Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That the report of the Safe City Committee be adopted, as amended.” Council agreed to the request of Councillor B. Vrbanovic to amend Clause 1 of the Safe City Committee report by inserting in the second paragraph of Clause 1 immediately following the words ‘be approved’, the phrase ‘as allocated in the Safe City Committee budget’. Carried. Mayor C. Zehr commented on Regional issues including the allocation of $40M to the Region from the Province’s SuperBuild Fund and concerns relative to the Highway 8 widening and reconstruction project. Councillor B. Vrbanovic proposed that a resolution be forwarded to the Ministry of Transportation strongly urging the Ministry to proceed with the Highway 8 widening and reconstruction project in 2002, and that as part of the project, the removal and replacement of the Franklin Street bridge be completed within no more than one year’s time. He further requested that the resolution be forwarded to local MPPs. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz “That Council strongly urges the Ministry of Transportation to proceed in 2002 with the Highway 8 widening and reconstruction project, from the Conestoga Parkway to Fergus Avenue, with timing controls to be included in the contract so as to shorten the length of time for construction where possible and, in particular, to restrict the construction time for removal and replacement of the Franklin Street bridge to no more than one year; and further, That this resolution be forwarded to local MPPs.” Carried. Councillor G. Lorentz referred to a letter dated October 12, 2001 from the Regional Municipality of Waterloo advising of a resolution passed by Regional Council on September 26, 2001 relative to the use of pesticides for cosmetic purposes. The resolution indicates that the Region will be approaching local municipalities to determine if there is an interest in participating in a working group to discuss development of a co-ordinated process to reduce and possibly regulate cosmetic pesticide use. Mayor C. Zehr advised that this letter had been forwarded to Councillor Vrbanovic for discussion at the next Environmental Committee meeting. Councillor Vrbanovic commented that the issue would be discussed at the November 1, 2001 meeting of the Environmental Committee with a recommendation to be forwarded to Council at its meeting to be held on November 5, 2001. Councillor G. Lorentz inquired if the term “cosmetic” included agricultural uses and Mayor C. Zehr advised that agricultural land was being dealt with separately through development of a new Farm Practices policy. Councillor B. Vrbanovic further pointed out for clarification that the Environmental Committee does not intend to discuss the issue of pesticide use or a ban on pesticides; rather, discussion is intended only to determine the merits of participating in the process proposed by the Region. 6.Moved by Councillor J. Smola Seconded by Councillor G. Lorentz “That leave be given the Mover and Seconder to introduce the following by-laws, namely: COUNCIL MINUTES OCTOBER 22, 2001406CITY OF KITCHENER - - (a)Being a by-law to provide for the establishing and laying out of part of Hearthwood Drive and Hearthwood Crescent as public highways in the City of Kitchener. (b)Being a by-law to provide for the establishing and laying out of part of Hidden Creek Drive and Hollyridge Crescent as public highways in the City of Kitchener. (c)To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (d)To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (e)To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (f)Being a by-law to exempt certain lots from Part Lot Control – Lots 12, 13 and 14, Blocks 1 to 11 inclusive and Part of Block 15, Registered Plan 58M-209 – Mountain Laurel Crescent, Blue Lace Crescent and Berry Moss Street. (g)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting Appointment of Staff. (h)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. (i)Being a by-law to adopt Amendment No. 38 to the Municipal Plan – Strasburg Road Widening. (j)Being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (k)Being a by-law to amend Chapter 569 of The City of Kitchener Municipal Code with respect to Old Gold and Precious Metals. (l)Being a by-law to amend Chapter 583 of The City of Kitchener Municipal Code with respect to Public Halls. (m)Being a by-law to amend Chapter 584 of The City of Kitchener Municipal Code with respect to Refreshment Places. (n)Being a by-law to provide for the establishing and laying out of part of Old Chicopee Drive as a public highway in the City of Kitchener. (o)To confirm all actions and proceedings of the Council. 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 7.Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. COUNCIL MINUTES OCTOBER 22, 2001407CITY OF KITCHENER - - 8.Moved by Councillor J. Smola Seconded by Councillor G. Lorentz “That the by-laws listed on the agenda for third reading, namely: (a)Being a by-law to provide for the establishing and laying out of part of Hearthwood Drive and Hearthwood Crescent as public highways in the City of Kitchener. (By-law No. 2001-191) (b)Being a by-law to provide for the establishing and laying out of part of Hidden Creek Drive and Hollyridge Crescent as public highways in the City of Kitchener. (By-law No. 2001-192) (c)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. 2001-193) (d)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. 2001-194) (e)To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. By-law No. 2001-195) (f)Being a by-law to exempt certain lots from Part Lot Control – Lots 12, 13 and 14, Blocks 1 to 11 inclusive and Part of Block 15, Registered Plan 58M-209 – Mountain Laurel Crescent, Blue Lace Crescent and Berry Moss Street. (By-law No. 2001-196) (g)Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting Appointment of Staff. (By-law No. 2001-197) (h)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. 2001-198) (i)Being a by-law to adopt Amendment No. 38 to the Municipal Plan – Strasburg Road Widening. (By-law No. 2001-199) (j)Being a by-law to amend Chapter 505 of The City of Kitchener Municipal Code with respect to Adult Entertainment Parlours. (By-law No. 2001-200) (k)Being a by-law to amend Chapter 569 of The City of Kitchener Municipal Code with respect to Old Gold and Precious Metals. (By-law No. 2001-201) COUNCIL MINUTES OCTOBER 22, 2001408CITY OF KITCHENER - - (l)Being a by-law to amend Chapter 583 of The City of Kitchener Municipal Code with respect to Public Halls. (By-law No. 2001-202) (m)Being a by-law to amend Chapter 584 of The City of Kitchener Municipal Code with respect to Refreshment Places. (By-law No. 2001-203) (n)Being a by-law to provide for the establishing and laying out of part of Old Chicopee Drive as a public highway in the City of Kitchener. (By-law No. 2001-204) (o)Being a by-law to change the name of a certain street in the City of Kitchener. (By-law No. 2001-205) (p)To confirm all actions and proceedings of the Council. (By-law No. 2001-206) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 8:00 p.m. MAYORCLERK COUNCIL MINUTES OCTOBER 22, 2001409CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Councillor C. Weylie be appointed Chair of the Development & Technical Services Committee for a term to expire November 30, 2002. 2. That Councillor B. Vrbanovic be appointed Vice-Chair of the Development & Technical Services Committee for a term to expire November 30, 2002. 3.That Council approve in principle the acceptance of the use of Kitchener Fire equipment and vehicles without fee to Conestoga College for the purpose of conducting the Pre-Service Fire Training Program. 4.That Development and Technical Services Department report DTS-01-007 (Waterloo Region Emergency Services Training & Research Complex - Wrestrc update) be received for information purposes only. 5.That Council approve Municipal Plan Amendment Application MP 01/04/S/GR (Strasburg Road - City-initiated) being an amendment to Schedule “D” of the Municipal Plan as follows: Schedule D “Roads To Be Widened” is amended by deleting the following: ‘Strasburg Road- from Chandler Drive to Ottawa Street20m’ and replacing it as follows: ‘Strasburg Road- from Ottawa Street South to approximately 245 metres west of Ottawa Street South;23m - from 245 metres west of Ottawa Street South to Chandler Drive20m’ It is the opinion of this Committee that approval of this application is proper planning for the City. (Dealt with under Delegations and Carried.) 6.That Zone Change Application ZC 01/09/N/SV (31 Nelson Avenue - Dieter Iden) to permit a garden suite for a temporary period of time at 31 Nelson Avenue, be approved in the form shown in the attached “Proposed By-Law”, dated September 11, 2001 subject to the following conditions being satisfied prior to any reading of the by-law by Council: 1)That the owner enter into an agreement with the City of Kitchener under Section 207.2 of the Municipal Act in respect of the proposed Garden Suite, which shall generally provide for the following: - the naming of the occupant(s) of the garden suite - the installation, servicing, maintenance and insurance of the garden suite - the removal of the garden suite after the 10 year period unless the term is extended under the provisions of the Planning Act. - locating the garden suite in accordance with the regulations of the zoning by-law, as reflected in the plan to be attached to the agreement. 2) That owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-law relative to the Zone Change Application ZC01/09/N/SV by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan. COUNCIL MINUTES OCTOBER 22, 2001410CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT’D) 7.That Demolition Control Application DC 01/07/B/SV (South Estate Farms Limited & Norris Morton Estate) requesting approval for the demolition of the single detached dwelling located at 1531 Bleams Road, legally described as Lot 1 Plan 1469, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 8.That the Council of the City of Kitchener strongly encourage the Ministry of Municipal Affairs and Housing to combine the review of and any subsequent revisions to the Provincial Policy Statement with the development of the Provincial Smart Growth strategy to ensure that the Provincial Policy Statement is consistent with and implements the Province’s Smart Growth strategy; and further, That the City of Kitchener continue to be consulted, as appropriate, throughout the review of and revision to the Provincial Policy Statement. COMMUNITY SERVICES COMMITTEE – 1. That Councillor G. Lorentz be appointed Chair of the Community Services Committee for a term to expire November 30, 2002. 2.That Councillor J. Smola be appointed Vice-Chair of the Community Services Committee for a term to expire November 30, 2002. 3.That a one-time grant be approved in the amount of $14, 500. to the Cameron Communities and Schools Project to be funded by the Community Development Infrastructure Program. 4.That on-street bicycle lanes be established on both sides of Block Line Road, from Homer Watson Boulevard to Hanover Street; and further, That the Uniform Traffic By-law be amended accordingly. 5.That parking be prohibited at any time on the north-west side of Veronica Drive, from a point 28 metres south of Bettina Place to a point 57 metres south-west thereof; and further, That the Uniform Traffic By-law be amended accordingly. 6.That the speed limit on Huron Road, between Strasburg Road and Homer Watson Boulevard, be established at 60 km/h; and further, That the Uniform Traffic By-law be amended accordingly. 7.That parking be prohibited on the west side of Shirley Avenue, from a point 344 metres north of Riverbend Drive to the northerly limit; and further, That the Uniform Traffic By-law be amended accordingly. 8.That subject to the 2002 budget deliberations, a permanent position be approved for a Summer Playground Program Supervisor at a cost of $23,803. on an annualized basis. 9.That subject to the 2002 budget deliberations, funding be approved up to a maximum of $15,000. to operate Doon Skatium in 2002, with additional sponsorships and fundraising to be solicited to assist in off-setting operating costs. 10.That a general provision grant be approved in the amount of $12,000. for the 2001 Christkindl Market Festival to be held December 6 to 9, 2001; and, COUNCIL MINUTES OCTOBER 22, 2001411CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 10.(Cont’d) That the City of Kitchener assume responsibility for any operating surplus or deficit resulting from the 2001 event; and further, That $10,000. be budgeted in the annual operating grant account for future Christkindl Markets. 11.That an exemption be granted to Chapter 210, Section 11.1, of the Municipal Code (Cemeteries) for an existing monument located in Woodland Cemetery, Section W, Lot #155. 12. That Community Services Department report CSD-01-174 regarding a proposal to develop a boardwalk at Williamsburg Cemetery to be known as the ‘Freedom Walk’, in memory of the be deferred and tragic events which occurred in the United States on September 11, 2001, referred to the October 29, 2001 Community Services Committee meeting; and further, That staff provide additional alternatives to memorialize the events of September 11th, including other locations, for consideration at the October 29th Community Services Committee meeting. 13.That Council approve the hiring of a commissioned sales person on a contract basis to sell corporate suites at the Kitchener Memorial Auditorium Complex in accordance with the general terms set out in Community Services Department report CSD-01-176; and further, That the contract agreement shall be subject to the satisfaction of the City Solicitor. FINANCE & CORPORATE SERVICES COMMITTEE – 1. That Councillor J. Ziegler be appointed Chair of the Finance & Corporate Services Committee for a term to expire November 30, 2002. 2. That Councillor M. Galloway be appointed Vice-chair of the Finance & Corporate Services Committee for a term to expire November 30, 2002. 3. That approval be given to the request of Clara Grosselfuenger for a temporary exemption to City of Kitchener Municipal Code Chapter 408(Animals-Regulation) to permit her to keep up to 2 chickens or ducks on her property at 94 Locust Street, Kitchener, and to slaughter them on the property, subject to the following conditions: a) That the birds be limited to those of the female sex; b) That this exemption be permitted only until July 31, 2003; c) That this exemption shall only apply to the property at 94 Locust Street, and only as long as it is owned and occupied by Clara Grosselfuenger; d) That this exemption is subject to further resolutions of Council either reversing or modifying the exemption should the City receive further complaints or evidence of health concerns; and, e) That the animals shall be housed and cared for, either inside the house or inside the garage, in a manner satisfactory to the Kitchener-Waterloo and North Waterloo Humane Society, whose staff shall be permitted unannounced inspections during reasonable hours and as frequently as they deem necessary. 4. That staff prepare a by-law for consideration by Council to license and regulate Complementary Health Care Practitioners, which will exempt those practitioners from obtaining a licence who are regulated by a governing body that meets the City’s criteria; and, COUNCIL MINUTES OCTOBER 22, 2001412CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE – (CONT’D) 4.(Cont’d) That staff develop criteria to determine which Complementary Health Care Associations will be eligible for exemption to facilitate preparation of a list of those associations that have provided evidence that they can and will enforce a code of ethics acceptable to the City; and, That the by-law include the provision that any Complementary Health Care Practitioner who practices more than one modality, if they are regulated by a governing body that meets the City’s criteria for any one of the modalities, will be exempt from City of Kitchener licensing for all modalities practiced; and further, That the proposed licensing by-law be provided to all who have shown an interest in this matter, prior to it being presented to Council for adoption. 5. That effective November 1, 2001, the supply price for the natural gas commodity be decreased to 23.8 cents per cubic meter from 27.160 cents per cubic meter for City of Kitchener system gas customers. 6. That effective November 1, 2001, the proposed rates for natural gas delivery outlined in Appendix “A” to Financial Services Department report FIN-01-033 be implemented. 7. That the policy titled “40 Hour Premium Payment” attached as Appendix 1 to Strategic Services Department report SSD-01-007, being a revised method to compensate supervisory and non-union positions scheduled to work a 40 hour workweek be implemented effective November 1, 2001. 8. That effective November 1, 2001, CUPE Local 791 employees scheduled to work a 40 hour workweek, and identified in the current collective agreement as eligible to work a 40 hour workweek, be eligible for the same method of compensation as outlined in the policy titled “40 Hour Premium Payment” attached as Appendix 1 to Strategic Services Department report SSD-01-007. 9. That the surplus designation for Part of Bechtel’s Tract, Lot 44 and Part of Lots 42 and 43, Registrar’s Compiled Plan 1478, designated as Part 4, Reference Plan 58R-9738, be rescinded; and, That land located on Homer Watson Boulevard, described as Part of Bechtel’s Tract, Lot 44 and Part of Lots 42 and 43, Registrar’s Compiled Plan 1478, designated as Part 1, Reference Plan 58R-13131; and Part of Lots 31 and 41, Registrar’s Compiled Plan 1478, designated as Parts 2 and 9, Reference Plan 58R-9738, be declared surplus to the City’s needs and transferred to the Regional Municipality of Waterloo for bridge and road construction on these lands; and further, That the Mayor and Clerk be authorized to execute all documentation in this regard as approved by the City Solicitor. 10. That the 2002 Schedule of Council and Standing Committee Meetings in Corporate Services Department report CRPS-01-184 be approved. 11. That a ‘Consent Agenda’ be implemented as part of all Standing Committee agendas; with City Clerk’s staff to consult with the Committee Chair as to which items are to be included in the Consent Agenda portion. COUNCIL MINUTES OCTOBER 22, 2001413CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER – 1. That pursuant to Section 33 of the Ontario Heritage Act, approval be given to the application of 977323 Ontario Limited to alter the designated property municipally known as 20 College Street (part of St. Jeromes High School), as outlined in correspondence dated October 5, 2001, from Cambridge Engineering and Planning Consultants Limited, and amended at the Heritage Kitchener meeting of October 5, 2001; and further, That prior to undertaking any work on the property, the applicant shall do either of the following: a) become the registered owner of the subject property and provide evidence of same to the City Clerk, or, b) obtain written authorization from the registered owner of the subject property to undertake the full scope of the work identified in the correspondence and as amended, and provide the written authorization to the City Clerk. 2.That the Region of Waterloo be advised that the property municipally known as 748 Zeller Drive (Woolner Farm), designated under Part IV of the Ontario Heritage Act and over which the City of Kitchener has a heritage easement, is located within the study area for the Class Environmental Assessment – Fairway Road Extension from Zeller Drive to Fountain Street. SAFE CITY COMMITTEE – 1.That Kitchener City Council endorse, in principle, the Ethno-cultural Family Safety Network’s (EFSN) Youth Empowermental Safety and Support (YESS) project, outlined in a grant application dated July 12, 2001 to the Ontario Trillium Foundation, as presented on October 2, 2001 to the Safe City Committee; and, That funding in the amount of $5,000. be approved, as allocated in the Safe City Committee budget, in favour of the EFSN in support of their proposed YESS project; and further, That the EFSN be requested to provide a 6-month progress report on the YESS project to the City’s newly established Safe & Healthy Community Advisory Committee. (As Amended) COUNCIL MINUTES OCTOBER 22, 2001 414CITY OF KITCHENER - - COMMITTEE OF THE WHOLE ND A. BY-LAWS LISTED ON THE AGENDA – 2 READING – It was resolved: “That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment.” B. REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – 1.Licence i)Adult Entertainment Parlour Attendant It was resolved: “That Georgiana Nedelescu, employed at 2271 Kingsway Drive, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence.” 2.Engineering Agreement – Cumming Cockburn Limited (Highland West 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 Cumming Cockburn Limited, regarding Highland West Subdivision, Stages 2 & 3, Plan 30T- 86016.” 3.Dog Designation Appeal Decisions It was resolved: “That the September 26, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Christina Werner, wherein the Committee rescinds the Prohibited Dog designation, be ratified and confirmed.” - and - “That the October 10, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Stephanie Dreher, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed.” - and - “That the October 10, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Travis MacDonald, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed.” - and - “That the October 10, 2001 decision of the Dog Designation Appeal Committee regarding an appeal filed by Jason Crocker and Iona Bell, wherein the Committee rescinds the Prohibited Dog designation, be ratified and confirmed.” 4.Offer to Purchase – 15 Ottawa Street North (Former Fire Hall No. 3) It was resolved: “That the City accept the executed offer from the Kitchener Mennonite Brethren Church dated October 9, 2001 to purchase the City’s former Fire Hall No. 3 municipally known as COUNCIL MINUTES OCTOBER 22, 2001 415CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 4.Offer to Purchase – 15 Ottawa Street North (Former Fire Hall No. 3) – (Cont’d) 15 Ottawa Street North for $140,000.00, and described as Lots 32, 33, 34 and 44, Registered Plan 316; and further, That the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor to complete this transaction.” 5.Consent to Mortgage – 508 Riverbend Drive It was resolved: “That the City consent to a mortgage from 879115 Ontario Limited to The Toronto- Dominion Bank for the property described as Parts 5, 23, 24 and 25, Plan 58R-7231 and Part 1, Plan 58R-11808, municipally known as 508 Riverbend Drive, Kitchener.” 6.Infrastructure Funding Consideration of the following Association of Municipalities of Ontario resolution was requested by Mayor C. Zehr and Councillor M. Galloway. It was resolved: “WHEREAS public infrastructure is the backbone of a successful, dynamic economy; and, WHEREAS Federal and Provincial financial support is essential for public infrastructure upgrades, replacement and expansion; and, WHEREAS the current slowing of the economy combined with the tragic events of September 11, 2001 have created substantial uncertainty in the Canadian economy, particularly in Ontario; and, WHEREAS the City of Kitchener welcomes the Ontario Government’s renewed commitment towards supporting public infrastructure with its recent announcement of financial assistance for public transit and roads and bridges which is long overdue; and, WHEREAS the current Federal share of the Infrastructure Canada Program in Ontario is significantly less than that of the Province and municipalities; THEREFORE BE IT RESOLVED THAT the City of Kitchener calls on the Federal and Provincial Governments to commit themselves to a higher level of funding for public infrastructure; and, FURTHER, BE IT RESOLVED THAT the City of Kitchener calls on both the Federal and Provincial Governments to speed up the existing infrastructure funding process under the Canada-Ontario Infrastructure Program (COIP) and SuperBuild in order to provide a much needed economic stimulus in the face of the current economic downturn; and, FURTHER THAT the City of Kitchener supports the call from the Association of Municipalities of Ontario for the Federal and Ontario Governments to return to a straightforward 1/3 – 1/3 – 1/3 funding formula for COIP and SuperBuild funded projects.” 7.Business Licence Tribunal – Felicity’s Night Club Dealt with under Delegations. COUNCIL MINUTES OCTOBER 22, 2001 416CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 8.Various Tenders Dealt with under Delegations. 9.Tag Day Request – Royal Canadian Sea Cadets #94 WARSPITE Council was in receipt of correspondence from Ms. S. Bushfield, Tag Day Coordinator, K-W Navy League Branch, dated September 23, 2001, requesting permission to conduct Tag Days on November 30 and December 1, 2001. It was resolved: “That Council grant the request of the Royal Canadian Sea Cadets #94 WARSPITE for permission to conduct Tag Days on the evening of November 30 and all day December 1, 2001, at various malls, grocery stores and liquor store entrances, as outlined in correspondence from S. Bushfield, dated September 23, 2001.” 10.Request to Hire – Executive Assistant (Strategic Services Department) Council was in receipt of Chief Administrative Officer’s report CAO-01-006 (R.W. Pritchard), dated October 19, 2001, requesting approval to hire an Executive Assistant in the Strategic Services Department. It was resolved: “That staff be authorized to immediately engage the services of a new Executive Assistant in the Department of Strategic Services.” 11.Cedar Hill Housing Partnership Proposal Council was in receipt of Financial Services Department report FIN-01-032 (P. Houston), dated October 17, 2001, recommending support of a partnership proposal with Kitchener Housing Inc. and the Region of Waterloo to provide affordable housing in the Cedar Hills neighbourhood. It was resolved: “That the City of Kitchener supports the Cedar Hill Housing Partnership Proposal with Kitchener Housing Inc. and the Regional Municipality of Waterloo, as outlined in report FIN-01-032; and, That funding of approximately $672,000 be provided for this project to cover land costs, City development charges, building permit fees, and interest and property taxes during construction of the project; and, That the City-owned property at 33 Cedar Street be transferred to Kitchener Housing Inc. as part of this project proposal; and further, That all of the above recommendations are approved, subject to the Regional Municipality of Waterloo’s approval of their financial participation in the project.” 12.Mayfair Hotel Improvements Council was in receipt of Financial Services Department report FIN-01-034 (P. Houston), dated October 17, 2001, recommending funding for tenant improvements. COUNCIL MINUTES OCTOBER 22, 2001 417CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 12.Mayfair Hotel Improvements – (Cont’d) It was resolved: “That $56,000. be allocated for tenant improvements at 11 Young Street, from the rental revenues generated.” 13.Sale of Tickets – Children’s Hospital of Western Ontario Foundation Council was in receipt of Corporate Services Department report CRPS-01-188 (J. Koppeser), dated October 17, 2001, recommending endorsement of a request to sell raffle tickets. It was resolved: “That the City of Kitchener has no objection to the Children’s Hospital of Western Ontario Foundation, 746 Base Line Rd. E., Suite 406, London, Ontario, N6C 5Z2, being granted permission to sell tickets in the City of Kitchener for a draw to be held on February 8, 2002 at White Oaks Mall, 1105 Wellington Road, London, Ontario.” 14.Sponsorship Agreement – Ministry of Economic Development and Trade Council was in receipt of Development & Technical Services Department report DTS- 01-019 (K. Smith), dated October 16, 2001, recommending execution of a sponsorship agreement. It was resolved: “That the City enter into, and the Mayor and Clerk be authorized to execute, a Letter of Agreement dated October 22, 2001 with the Province of Ontario as represented by the Ministry of Economic Development and Trade with respect to the operation and funding of the Business Enterprise Centre.” 15.Agreement for Fee Based Supervision – Ministry of Consumer and Business Services Council was in receipt of Development & Technical Services Department report DTS- 01-020 (K. Smith), dated October 16, 2001, regarding supervision of Provincial staff. It was resolved: “That the City enter into, and the Mayor and Clerk be authorized to execute, an Agreement dated October 22, 2001, for a one year period beginning September 17, 2001, with the Province of Ontario as represented by the Ministry of Consumer and Business Services, to provide day-to-day supervision of the Waterloo Region Government Information Centre staff by the Manager of the Business Enterprise Centre on a monthly fee for service basis.” 16.Policy – Council Expense Reimbursement and Reporting Council was in receipt of Financial Services Department report FIN-01-029 (P. Houston), dated September 19, 2001, recommending expense reporting policies. It was resolved: “That the Policy for Council Expense Reimbursement and Reporting be approved in the form appended to Financial Services Department report FIN-01-029, dated September 19, 2001.” COUNCIL MINUTES OCTOBER 22, 2001 418CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.REPORT OF THE INTERIM CHIEF ADMINISTRATIVE OFFICER – (CONT’D) 17.Applications for Cancellation, Refund, Reduction or Levy of Taxes – October 22, 2001 Hearing Council was in receipt of correspondence from G. Sosnoski, City Clerk, dated October 17, 2001, relative to applications for cancellation, refund, reduction or levy of taxes. It was resolved: “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.”