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HomeMy WebLinkAboutCouncil Minutes - 2001-11-26COUNCIL MINUTES NOVEMBER 26, 2001CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the playing of “O Canada” by theSunnyside Public School Brass Quintet, comprised of band leader and teacher, Mr. Gingerich, and students Heather Blake, Paul Reginato, Reid Burnhearth and Audrey Schurr. Following the playing of ‘O Canada’, the Quintet entertained Council with a rendition of ‘Amazing Grace’. On motion by Councillor C. Weylie, the minutes of the regular meeting held November 5, 2001, and special meetings held November 5 and 19, 2001, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE (a)Letters dated November 5, 6 & 7, 2001, from T. Arnott – MPP, Waterloo-Wellington, acknowledging receipt of Council resolutions concerning: the construction of Highway 8; the Canada-Ontario Infrastructure Program/SuperBuild programs; and, receipt of tax-related information by municipalities to allow for timely issuance of tax bills. (b)Letter dated November 8, 2001, from T. Sweeting, Assistant Deputy Minister of Finance, denying Council’s request for financial assistance with costs to implement standard tax bills. Mr. L. Gordon, Manager of Purchasing, 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 Tender T01-073, Residential Water and Gas Monthly Meter Reading Service, be Olameter Incorporated, Mississauga (formerly known as Epcor Inc.) awarded to , at their Option 2 tendered price of $253,800., plus G.S.T. for one (1) year, with an option to renew for two (2) additional one (1) year periods.” - and - Unistrut “That Tender T01-119, Fall Arrest System – Dom Cardillo Arena, be awarded to Canada Limited, Ajax, Ontario at their tendered price of $122,895., plus G.S.T. “ Carried. Ms. Meg Davis and Mr. John Herhalt, KPMG, gave a presentation on the ‘Organizational Review of the Fire Department’ report. Ms. Davis explained that in conjunction with a working group of the Fire Department, they have reviewed the services and operations of the Department and have made comparisons with other municipal Fire Departments of similar size and services. From this process, the final report offers recommendations for improvements and efficiencies in operating and service delivery of the Kitchener Fire Department. Ms. Davis concluded her presentation stating it is recognized that the costs to implement all the recommendations of the report may be such that a phased-in approach would be the best plan of action. If the recommendations are phased-in it was suggested that certain items be dealt with immediately, including the hiring of at least two Deputy Fire Chiefs, formation of an implementation group, the change from Platoon Chief to Platoon Captain and the proposed Fire Alarm Monitoring Program. Mayor C. Zehr thanked the delegation for their presentation adding there was a considerable amount of information to be analyzed before any recommendations could be adopted. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler “That the report entitled ‘Organizational Review of the Fire Department’ be referred to staff for further analysis and a report to the Development & Technical Services Committee on December 3, 2001.” Carried. COUNCIL MINUTES NOVEMBER 26, 2001444CITY OF KITCHENER - - Ms. Linda Nagel, Chair, and Mr. Peter Cameron, Project Manager, of the Waterloo Region Co-op Council, attended to present a new informational map and advise of a website of co-ops and credit unions in Waterloo Region. Mr. Cameron gave Council an overview of co-operatives and credit unions stating they are a community based business with positive effects on the local community. Ms. Nagel informed Council that through the co-operation of various co-operatives and credit unions in the Waterloo Region, a new promotional brochure containing a map of all the locations of these institutions has been developed. Also, a website of the co-ops and credit unions in the Waterloo Region has been developed and is now online. Mayor C. Zehr extended Council’s appreciation for the informative presentation made by Ms. Nagel and Mr. Cameron. Councillor G. Lorentz also extended his appreciation for the information stating it was exciting to be the first in Canada with such a map and website. Councillor Lorentz asked that Mr. F. Pizzuto look into promoting the map by having it placed in public places within City facilities. Mr. Lloyd Clare, 1466 Highland Road West, attended in regard to Clauses 2 and 3 of the Finance and Corporate Services Committee report dealing with property standards orders for the property at 1466 Highland Road West. Mr. Clare informed Council that since he had last met with them, he has made every attempt to comply with the orders by having the property cleaned up and the materials removed but the completion of the work was still approximately two days away. Mr. Clare requested a Councillor be appointed to work with him in order to see what he was attempting to accomplish and to report back to Council on the work regarding the clean-up of the property. When asked by Council, Mr. Clare explained he was first notified that the property was not in compliance in June and since then has spent over $22,000. in cleaning up the property and removing the material. Mr. Clare estimated he would require up to two more days in order to be in compliance. Councillor C. Weylie asked about the removal of the hazardous chemicals and other dangerous materials from the property. Mr. Clare indicated the hazardous material has been removed and is now stored in a compound west of the property. Councillor Weylie raised a concern regarding this situation indicating the by-law to have the property cleaned up must contain a more permanent solution with respect to the hazardous material so that it cannot be returned and stored on the site in future. Ms. K. Bimm, Municipal By-law Enforcement Officer, attended informing Council she had inspected the property this morning and found it still was not in compliance with the by-law and it would take approximately one and a half days to remove the remaining material. When asked, Ms. Bimm stated Mr. Clare starting removing and clearing the property in August and has been working fairly steadily since then. Ms. Bimm however did raise a concern as to where the material was going and did not know whether the propane and oil tanks were being stored in the trailers which are now situated on the property. A motion was put forward by Councillor J. Ziegler and seconded by Councillor M. Galloway to adopt Clauses 2 and 3 of the Finance & Corporate Services Committee report. Councillor C. Weylie raised a concern regarding the by-law with respect to the hazardous material that may or may not be stored on the property and requested the recommendation be amended to ensure that once the hazardous materials have been removed they are not returned to the property. Councillor J. Ziegler stated that Mr. Clare has made an effort to clean the property and was very close to being in compliance with the by-law, therefore he would like to amend the recommendation extending the date for compliance to November 30, 2001. Councillor G. Lorentz stated it was important to ensure that the hazardous material was being removed from the property and not being stored on any of the trailers therefore he requested that the recommendations be further amended. Council generally agreed to add as a condition of the November 30, 2001 extension, that the Fire Department be allowed to inspect the property for any hazardous or dangerous materials. Clauses 2 and 3 of the Finance & Corporate Services Committee report were then voted on, as amended. COUNCIL MINUTES NOVEMBER 26, 2001445CITY OF KITCHENER - - Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That pursuant to Kitchener Municipal Code Chapter 665 (Property Standards for Maintenance and Occupancy), a by-law be given three readings this date authorizing the removal of hazardous chemicals and other dangerous materials from the interior and exterior areas of 1466 Highland Road West, at the property owner’s expense, this bylaw to reflect that once removed, hazardous material cannot be returned to the property; and That the Fire Department be directed to inspect the property, including any vehicles or trailers, for storage of hazardous and/or dangerous materials; and further, That staff be directed not to execute their authority under the by-law until November 30, 2001 unless the tenant and/or property owner refuses to allow the inspections by the Fire Department, in which case staff are to take immediate action to bring the property into compliance. “ Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway “That pursuant to Kitchener Municipal Code Chapter 665 (Property Standards for Maintenance and Occupancy), a by-law be given three readings this date authorizing remedial repairs to the dwelling at 1466 Highland Road West, as set out by the Property Standards Order, as well as the removal of waste material from the property, at the property owner’s expense; and That the Fire Department be directed to inspect the property, including any vehicles or trailers, for storage of hazardous and/or dangerous materials; and further, That staff be directed not to execute their authority under the by-law until November 30, 2001 unless the tenant and/or property owner refuses to allow the inspections by the Fire Department, in which case staff are to take immediate action to bring the property into compliance.” Carried. Mr. George Demetriou attended in regard to Item B.3 of the Committee of the Whole agenda in which the Licence Tribunal is recommending a one-week suspension of licence. Mr. Demetriou requested that Council consider moving the week his club is to be suspended from December 17-23, 2001 to a week in mid to late February. Mr. Demetriou explained that by the end of this month, he will be opening his club during the day and would not wish to close the club after just opening with the new hours. Councillor B. Vrbanovic asked Mr. Demetriou if Felicity’s has been open after 3:00 a.m. since the hearing. Mr. Demetriou stated it has not and further explained that last Saturday he did have a conversation with Police who had attended the club at 3:00 a.m. but the reason for being open at that time was to allow the disc jockeys to pack up their equipment. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway “That Business Licence 211250 issued to 1384885 Ontario Ltd. operating as Felicity’s, 1 Queen Street N. be suspended for 7 business days, commencing Monday December 17, 2001 at 12:01 a.m. up to and including Sunday December 23, 2001 at 11:59 p.m.” Councillor J. Ziegler stated that although he was a member of the Tribunal he will not be supporting the recommendation because during the hearing there were no statistics given on other clubs with respect to non-compliance with the by-law and, in his opinion, Mr. Demetriou should have been allowed to be grandfathered when the by-law to restrict the hours of operation was adopted. Councillor Ziegler stated he believed that the by-law was aimed strictly at this club and it was not only unfair but could be legally challenged. COUNCIL MINUTES NOVEMBER 26, 2001446CITY OF KITCHENER - - Councillor B. Vrbanovic stated he would support the recommendation because the question before the Tribunal involved whether Mr. Demetriou would continue to operate in contravention of the by-law and from the evidence given, it would appear so. Councillor M. Galloway stated the evidence heard at the hearing was overwhelming that Felicity’s understood it was not in compliance with the by-law and continued to operate and, in his opinion, it is important that the community understand the need to abide by all laws whether they be Provincial or Municipal. Councillor G. Lorentz raised a concern with the week selected for the suspension stating it may be unfair to force the closure of this or any business just before Christmas and that he would support the motion only if the dates were changes to sometime in January or February. Carried The motion of Councillor B. Vrbanovic was then voted on and on a recorded vote. In Favour: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, B. Vrbanovic and J. Smola Contra: Councillors J. Ziegler and G. Lorentz Mayor C. Zehr informed Council there were members of the public in attendance regarding Item B.5 of the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola “That Council ratify and confirm the November 20, 2001 decision of the Committee of Adjustment recommending approval of Submission No. SG 2001-015 – 1232111 Ontario Inc. (178 Weber Street East).” Carried. 1. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic “That the report of the Development & Technical Services Committee be adopted.” Carried. 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.” The report was then voted on Clause by Clause. Dealt with under Delegations Clauses 2 and 3 – and Carried, as Amended. Carried. Balance of report – Councillor B. Vrbanovic introduced a motion of which notice had been given regarding marijuana ‘home-grow’ operations. Councillor Vrbanovic explained he was introducing this motion in an attempt to start a broad-scale consultation process into this dangerous and growing situation. The information he has received through the media and from the Police Services indicated there are over 200 ‘home-grow’ operations existing currently in the Waterloo Region generating over $10M in illegal revenue. Safety concerns in regard to these operations put the community at risk and have a significant social cost. In addition, these operations siphon revenue from the community, increase police costs to combat this illegal activity and create hazards as a result of hydro meter tampering. COUNCIL MINUTES NOVEMBER 26, 2001447CITY OF KITCHENER - - Councillor G. Lorentz pointed out that in the Westheights area, a fire took place where members of the Fire Department found the hydro meter was arcing because it had been removed and was hot- wired in order to camouflage the use of the house as a ‘home-grow’ operation. Councillor J. Ziegler stating that he would not support the motion because it goes too far in some cases and does not give enough background and support to some of the facts and allegations. He questioned the information provided by other Regions and whether the City has written confirmation of the alleged facts. Councillor Ziegler suggested that perhaps some of the information is based on speculation and not solid fact. Councillor J. Smola stated that he was in agreement with the motion, pointing out there are people in the community making a significant amount of illegal money yet the current Police budget is $60M per annum and growing. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz “WHEREAS marijuana "home-grow" operations are becoming a significant source of concern across this country, and particularly in communities of all sizes in Ontario and British Columbia; AND WHEREAS in Ontario, police services in Waterloo Region, Stratford, Guelph, Brantford, Hamilton, Durham Region, York, Peel Region, Ottawa, London, Windsor, Chatham-Kent, and other locations are finding it almost impossible to devote the staffing required to keep up with the exponential growth in this criminal activity; AND WHEREAS, the existence of these “home-grow” operations is damaging to the safety and security of our communities threatening the lives of children living in some of these situations, the safety of neighbouring homes due to the electrical hazards associated with many of them resulting from the illegal wiring of electrical systems; and is exposing our police, fire and various social services personnel to a significant level of safety risk due to the nature of these operations and the suspected 'organized-crime' element behind them; AND WHEREAS within Waterloo Region itself, some of the following facts are known about this industry: · Since these grow operations were first discovered in June 2000, over 60 have been shutdown in all parts of Waterloo Region; · It is estimated that from any urban part of the Region, you are not more than a 10 minute walk from a “home-grow” operation, meaning there are likely 200 or more of these in our community according to some published media reports; · One of these grows, on average, can net 3 crops per year of 500 plants each, netting the operator $1 million of tax-free cash that can then be used within the criminal system; · On average, it takes police a minimum of 120 hours of staff time, to shut one of these operations down, meaning that it could take over 12 officers working full-time for over a year to shut down all of the known operations in Waterloo Region at a cost to the Region of approximately $1 million, excluding any officer time spent on proceeds of crime investigations or investigating possible links to organized crime with these operations; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City of Kitchener petitions the provincial and federal governments to undertake the following actions as quickly as possible, namely: · To pursue making the necessary legislative changes in order to prescribe a minimum 5 year mandatory jail sentence for anyone tried and convicted of engaging in one of these grow operations; · The streamlining of both the federal and provincial processes associated with proceeds of crime legislation so that the proceeds from these operations can quickly be put to use in the fight against drugs and; and that this streamlining include provisions to ensure that a greater percentage of the dollars obtained at the municipal level stay with local police services in order to augment their resources in this area; · That provincial governments investigate the possibility of giving additional powers to fire prevention officials in conducting inspections on residential properties where the potential safety hazards endanger adjoining properties and/or their occupants; · That in light of the fact the U.N. states that Canada is a source country for marijuana, that Health Canada states that drug use amongst young people is on the rise, and that COUNCIL MINUTES NOVEMBER 26, 2001448CITY OF KITCHENER - - the type of marijuana grown in these "home grows" is more potent and is often used as an entry-level drug by young people, we strongly urge the federal government to not pursue the decriminalization of marijuana; · And that we urge the Prime Minister and the provincial first ministers to make the issue of the links between drugs and organized crime, drugs and other criminal issues in our communities like prostitution, break and enters and physical violence and the growth in drug use by our youth a topic of discussion at their next First Ministers meeting; with the intent of providing adequate resources to fight this burgeoning criminal activity and source of concern for our country's future; AND FURTHER, BE IT RESOLVED that this resolution be circulated as an Emergency Resolution to the Federation of Canadian Municipalities (FCM) December Board meeting, Association of Municipalities of Ontario (AMO), the Federal Solicitor General and Provincial Attorney-Generals, Local MP's and MPP's and to the Waterloo Regional Council and other municipalities within Waterloo Region for consideration as soon as possible.” Carried. Council agreed to a request from the City Clerk to add four by-laws to the agenda for three readings this date: the first relative to amending Chapter 270 of the City of Kitchener Municipal Code regarding parks; the second dealing with a zone change relative to Hidden Valley Road; the third dealing with a zone change relative to Deer Ridge Crescent; and, the fourth dealing with property standards relative to 1466 Highland Road West. All relate to recommendations adopted by Council this date. 4.Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That leave be given the Mover and Seconder to introduce the following by-laws, 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. (b)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. (c)Being a by-law to exempt certain lots from Part Lot Control – Lot 111, Registered Plan 1773 – Schueller Street. (d)Being a by-law to amend By-law 2001-152, a by-law to repeal and replace Chapter 503 of The City of Kitchener Municipal Code. (e)Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (f)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. (g)To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (h)To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (i)To confirm all actions and proceedings of the Council. (j)Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code regarding Parks. (k)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law – Hidden Valley Road. (l)Being a by-law to amend by-law 85-1, as amended, known as the Zoning By-law – Deer Ridge Crescent. COUNCIL MINUTES NOVEMBER 26, 2001449CITY OF KITCHENER - - (m)Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code – 1466 Highland Road West. and that the same be taken as read a first time and stand referred to the Committee of the Whole.” Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 5.Moved by Councillor C. Weylie Seconded by Councillor M. Galloway “That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed.” Carried. 6.Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic “That the by-laws listed on the agenda for third reading, 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. 2001-220) (b)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. 2001-221) (c)Being a by-law to exempt certain lots from Part Lot Control – Lot 111, Registered Plan 1773 – Schueller Street. (By-law No. 2001-222) (d)Being a by-law to amend By-law 2001-152, a by-law to repeal and replace Chapter 503 of The City of Kitchener Municipal Code. (By-law No. 2001-223) (e)Being a by-law to amend various Chapters of The City of Kitchener Municipal Code. (By-law No. 2001-224) (f)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. 2001-225) (g)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. 2001-226) COUNCIL MINUTES NOVEMBER 26, 2001450CITY OF KITCHENER - - (h)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. 2001-227) (i)To confirm all actions and proceedings of the Council. (By-law No. 2001-228) (j)Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code regarding Parks. (By-law No. 2001-229) (k)Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law – Hidden Valley Road. (By-law No. 2001-230) (l)Being a by-law to amend by-law 85-1, as amended, known as the Zoning By-law – Deer Ridge Crescent. (By-law No. 2001-231) (m)Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code – 1466 Highland Road West. (By-law No. 2001-232) be taken as read a third time, be finally passed and numbered serially by the Clerk.” Carried. On motion, the meeting adjourned at 8:40 p.m. MAYORCLERK COUNCIL MINUTES NOVEMBER 26, 2001451CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1.That Zone Change Application ZC 01/09/N/SV (Dieter Iden) to permit a garden suite for a temporary period of time at 31 Nelson Avenue be withdrawn and that no further action be taken. 2.That Zone Change Application ZC 01/14/H/BS (Hidden Valley Road - Donald Targosz / Hugh Hicks) respecting the request on behalf of the owner, Donald Targosz, to lift the Holding Provision [11h] on lands legally described as Part Lot 17, Registered Plan 1523, in the City of th Kitchener, be approved,in the form shown in the “Proposed By-law” dated October 15, 2001, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. 3.That Zone Change Application ZC 01/15/D/ET (Deer Ridge Crescent - JHS Properties Limited / MHBC Planning Limited) requesting a change in zoning from “Residential Three Zone” (R-3) with Special Use Provision 235U and Special Regulation Provision 230R and 260R to “Golf Course Zone” (P-4) with Special Regulation Provision 246R on the subject lands legally described as Part of Block 1 and 2, Registered Plan 58M-88, more particularly described as Parts 1, 3, 5, 7, 9 and 11 on Plan 58R-12718, municipally known as part of 18, 22, 28, 34 & 38 Deer Ridge Crescent, be approved, in the form shown in the “Proposed By-law” dated October 11, 2001, without conditions. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City’s Municipal Plan. 4.That Development and Technical Services Department report DTS-01-035-BPS dealing with the request of Mr. T. McCabe, on behalf of Werner Bromberg Limited, for Kitchener Council to ‘reaffirm their previous decision’ to include lands located at the northwest corner of Fischer- be deferred and Hallman Road and Huron Road in the expanded Urban Area Boundary referred to the December 3, 2001 Development and Technical Services Committee meeting . 5.That the new road to be built as the Doon Village Road Diversion be named ‘Doon Mills Drive’ extending within the limits referenced in Clause 6 1)b) of the November 5, 2001 Development and Technical Services Committee report with respect to the City portion and the portion applicable to Street ‘A’ within Plan of Subdivision 30T-95018 (Doon Mills - Monarch Construction Limited). COMMUNITY SERVICES COMMITTEE – 1. That a school bus loading zone be established on the north side of Sherwood Avenue from a point 130 metres east of Rosemount Avenue to a point 40 metres east thereof; and further, That the Uniform Traffic By-law be amended accordingly. 2. That a stop control be installed on Settlers Court at the intersection of Settlers Drive facing southbound traffic; and further, That the Uniform Traffic By-law be amended accordingly. 3. That no action be taken on the request of the Elizabeth Fry Society for a grant in the amount of $519. to cover rental costs of the Victoria Park Pavilion on May 5, 2002 for a silent and live auction fundraising event. 4. That no action be taken on the request of the Canadian Clay and Glass Gallery for a cash grant in the amount of $5,000. to assist in costs associated with the Gallery’s operations and programming. COUNCIL MINUTES NOVEMBER 26, 2001452CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE – (CONT’D) 5. That a one-time general provision grant in the amount of $3,000. for the ‘eyeGO to the Arts’ organization be approved. 6. That Community Services Department report CSD-01-194, 2001 Civic Square Chess Program Annual Update, be received; and further, That staff be directed to investigate future options for continuation of programming for the Civic Square Chess Program. 7.That the 2001 loan payment of the Heritage Lawn Bowling Club required under the Agreement dated February 18, 1997, in the amount of $5,000., be deferred to November 1, 2007; and, That the Heritage Lawn Bowling Club be granted an additional loan in the amount of $10,000. towards the cost of purchasing a portable unit and site servicing with such money payable in equal installments on or before November 1, 2008 and November 1, 2009; and, That the Agreement with Heritage Lawn Bowling Club be amended so that the initial term and the time to repay all loan money be therefore extended by three (3) years, with the option term remaining at ten (10) years; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an amending agreement with the Heritage Lawn Bowling Club. 8.That the schedule of structural repairs and maintenance for the Duke & Ontario and City Hall parking garages, as outlined in Table 1 of Community Services Department report CSD-01- 205, be approved; and further, That funding necessary to complete this work be referred to the 2002 Capital budget deliberations. 9.That Councillor C. Weylie be appointed to the New Parking Garage Steering Committee to assist with the design process. 10.That appropriate signs be updated and/or installed in all parking lots within City parks to identify that they are governed under By-law No. 88-170 (Private Property - Municipal) and that parking is prohibited between the hours of 2:30 a.m. and 6:00 a.m.; and further, That Clause 3.1 (k) of Chapter 270 (Parks) of the Municipal Code be amended to read as follows: ‘3.1(k)park any motor vehicle in any park or natural park, except within a parking lot and, in any event, not between 2:30 a.m. and 6:00 a.m.’. 11.That 55 Joseph Street be demolished at no additional cost under the Winter Works Program; and further, That subject to the 2002 Capital budget deliberations, the current parking lot at David and Joseph Streets be expanded at a cost of $45,000. for the use of Victoria School Centre. 12.That Councillor G. Lorentz be appointed to the 2002 Ontario Summer Games Executive Committee. COUNCIL MINUTES NOVEMBER 26, 2001453CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE – 1. That the request of the Festival of the Night Organizers for a maximum of five food vendors to operate on December 31, 2001, on Civic Square and King Street in front of City Hall, be approved, provided the necessary licence, including Health and Fire approvals, is obtained; and further, That the Festival of the Night be exempt from the provisions of the City of Kitchener Municipal Code Chapter 450 (Noise), Section 8 (Music, Singing and Pyrotechnics), during the hours of 7:30 p.m. to 12 midnight on December 31, 2001. 2. That pursuant to Kitchener Municipal Code Chapter 665 (Property Standards for Maintenance and Occupancy), a by-law be given three readings this date authorizing the removal of hazardous chemicals and other dangerous materials from the interior and exterior areas of 1466 Highland Road West, at the property owner’s expense, this bylaw to reflect that once removed, hazardous material cannot be returned to the property; and That the Fire Department be directed to inspect the property, including any vehicles or trailers, for storage of hazardous and/or dangerous materials; and further, That staff be directed not to execute their authority under the by-law until November 30, 2001 unless the tenant and/or property owner refuses to allow the inspections by the Fire Department, in which case staff are to take immediate action to bring the property into compliance. (Dealt with under Delegations and Carried, as Amended) 3. That pursuant to Kitchener Municipal Code Chapter 665 (Property Standards for Maintenance and Occupancy), a by-law be given three readings this date authorizing remedial repairs to the dwelling at 1466 Highland Road West, as set out by the Property Standards Order, as well as the removal of waste material from the property, at the property owner’s expense; and That the Fire Department be directed to inspect the property, including any vehicles or trailers, for storage of hazardous and/or dangerous materials; and further, That staff be directed not to execute their authority under the by-law until November 30, 2001 unless the tenant and/or property owner refuses to allow the inspections by the Fire Department, in which case staff are to take immediate action to bring the property into compliance. (Dealt with under Delegations and Carried, as Amended) be deferred and 4.That appointment of a member to the Kitchener Public Library Board referred to the Council meeting of December 10, 2001 ; and further, That the Deputy City Clerk re-advertise for appointments to the Library Board and present all applications to Council on December 10, 2001. 5.That the implementation of the IIMS (Integrated Infrastructure Management System) be expanded to the Community Services Department and Facilities Management; and further, That the necessary capital and operating funding for expansion of this system, as outlined in Financial Services Department report FIN-01-201, be referred to the Budget process. 6.That the proposed 2002 Fees and Charges, as contained in the 2002 Comprehensive Fee Review attached to Financial Services Department report FIN-01-038, be approved; and, That staff forward the Cemetery Tariff of Fees and Charges to the Ministry of Consumer and Commercial Relations for filing, in order that the proposed fees become effective January 1, 2002; and further, COUNCIL MINUTES NOVEMBER 26, 2001454CITY OF KITCHENER - - REPORTS ADOPTED BY COUNCIL FINANCE & CORPORATE SERVICES COMMITTEE – (CONT’D) 6.(Cont’d) That Legal Services prepare the necessary by-laws to amend City of Kitchener Municipal Code Chapters for fees pertaining to licensing, planning applications and Committee of Adjustment applications. 7.That the Sponsorship and Fundraising Procedures and Policies, October 2001 to October 2002, attached to Strategic Services Department report SSD-01-008, be approved as amended with respect to procedure #9, to grant signing authority to the Director of Communications and Marketing rather than the Facilitator of Sponsorship and Fundraising; and further, That the draft Sponsorship Agreement attached to Strategic Services Department report SSD- 01-008 be approved for use with the Director of Communications and Marketing being given signing authority. 8.That the City of Kitchener Municipal Code Chapter 170 (Purchasing and Materials Management) be repealed and replaced with a by-law in the form as attached to Financial Services Department report FIN-01-037. 9.That additional funding of $1,249,000. be added to the ten year Capital Forecast for new sidewalk construction; and, That during Budget deliberations, further funding for new sidewalks be considered; and, That $200,000. be provided for new sidewalk construction in 2002; and further, That staff provide Council with a priority list of sidewalks to be constructed in 2002. 10.That additional expenditures of $114,149.59 (including G.S.T.) be approved for the construction of Blockline Road from Homer Watson Boulevard to Hanover Street. COUNCIL MINUTES NOVEMBER 26, 2001455CITY 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. ADMINISTRATIVE REPORTS – 1.Licences i) Adult Entertainment Parlour Attendants It was resolved: “That Andree Meunier, employed at 2271 Kingsway Drive, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence.” - and - “That Jessica Matte, employed at 280 Victoria Street North, Kitchener, be granted a 2001 Adult Entertainment Parlour Attendant Licence.” ii) Charitable Refreshment Stand It was resolved: “That the request of Rogers Cable to sell Christmas CDs and to invite one food vendor to provide food at a community skate on December 11, 2001 from 4-8 p.m., at the Civic Square be granted, providing the necessary Licence is obtained.” 2.Land Purchases – Tilt Drive It was resolved: “That the City of Kitchener accept the Offer to Sell dated November 19, 2001 from John Percival Tilt respecting the lands north of Tilt Drive only generally described as being Tract Biehns Pt Lot 3, for the purposes of the Doon Village Road Diversion.” - and - “That the City of Kitchener accept the Offer to Sell dated November 19, 2001 from George Robert Tilt respecting the vacant lands north of Tilt Drive generally described as being Tract Biehns Pt Lot 2 and 3, for the purposes of the Doon Village Road Diversion.” - and - “That the City of Kitchener accept the Offer to Sell dated November 19, 2001 from Charles Russell Tilt respecting the vacant lands north of Tilt Drive generally described as being Tract Biehns Pt Lot 3, for the purposes of the Doon Village Road Diversion.” 3.Business Licensing Tribunal Hearing – 1 Queen Street North Dealt with under Delegations. 4.Various Tenders Dealt with under Delegations. COUNCIL MINUTES NOVEMBER 26, 2001456CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – 5.Committee of Adjustment Decision Dealt with under Delegations. 6.Provincial Lottery Licence – Beth Jacob Congregation Council was in receipt of Corporate Services Department report CRPS-01-207 (J. Koppeser), dated November 14, 2001, recommending approval to conduct a social gaming event. It was resolved: “That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Ave. S., Kitchener, on June 19, 2002.” 7.Ontario Heritage Act Alteration Application – 29 Heins Avenue Council was in receipt of Development & Technical Services Department report DTS- 01-013-BPS (L. Bensason/C. Ladd/B. Stanley), dated November 15, 2001, recommending approval of an application to construct a single car garage at 29 Heins Avenue. Alteration applications are typically reviewed by Heritage Kitchener prior to being considered by Council; however, in this instance, a recommendation is being made by staff to accommodate the owner’s request to fast track the application in order to obtain Council approval closer to the date when a building permit could be issued. It was resolved: “That pursuant to Section 43 of the Ontario Heritage Act, Council approve the application of the owner to alter the designated property municipally known as 29 Heins Avenue located in the Victoria Park Area Heritage Conservation District, as outlined in the Alteration Application dated November 7, 2001 and on drawings date stamped November 5, 2001 as attached to Building Permit Application 01 108794.” 8.Development of City of Kitchener Logo and Crest Council was in receipt of Strategic Services Department report SSD-01-012 (R. Pitfield/R.W. Pritchard), dated November 23, 2001, recommending a consultative process in regard to a new logo and crest. It was resolved: “That the Corporate Communications and Marketing Division be charged with developing a new City of Kitchener word-mark logo through an open and consultative process with staff and members of the public as outlined: · No less than 3 focus groups · Public advertising campaign that provides residents and staff of the City of Kitchener with an opportunity to vote for their preferred logo; and further, That the City of Kitchener Shield/Crest be updated with application made to register the shield/crest as the official coat of arms of the City of Kitchener.” COUNCIL MINUTES NOVEMBER 26, 2001457CITY OF KITCHENER - - COMMITTEE OF THE WHOLE B.ADMINISTRATIVE REPORTS – 9.Sale of Tickets – Knights of Columbus Council was in receipt this date of Corporate Services Department report CRPS-01-218 (J. Koppeser), dated November 26, 2001, recommending approval of request to sell tickets. It was resolved: “That the City of Kitchener has no objection to the Knights of Columbus, Father Funcken Council No. 1504, 110 Manitou Dr., Kitchener, Ontario, N2C 1L3, and St. Marks Council # 9276, Kitchener, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council’s raffle draws to be held at the International Plaza Hotel, 655 Dixon Road, Etobicoke, Ontario on May 19, 2002.” 10.In-Camera Meeting Authorization It was resolved: “That an in-camera meeting be held immediately following adjournment of the regular meeting this date to consider a matter subject to solicitor-client privilege.”