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HomeMy WebLinkAboutCouncil Minutes - 2002-04-22 COUNCIL MINUTES APRIL 22, 2002 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "0 Canada" by the Rockway Glee Club. On motion by Councillor J. Smola, the minutes of the regular meeting held April 8, 2002, and special meetings held April 8, 12 & 15, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE- (a) Letter dated April 17, 2002, from G. Sosnoski, General Manager of Corporate Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. COMMUNICATION REFERRED DIRECTLY TO FILE- (a) Letter dated March 21, 2002, from Hon. David Turnbull, Solicitor General, denying the City's request to designate By-law Enforcement Officers as Provincial Offences Officers. (b) Letter dated April 5, 2002 from T. Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council's resolution concerning proposed changes to the Cemeteries Act and forwarding same to the Minister of Consumer and Business Services. (c) Letter dated April 4, 2002 from F. Cuda, Manager of Gaming Registration - Lotteries, Alcohol & Gaming Commission of Ontario, concerning the disbursement of funds relative to a recent gaming audit of the Family Awareness Centre and denying the City's request for reimbursement of audit costs. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda and in support of an additional tender. Council was in receipt this date of a memorandum from Mr. L. Gordon, dated April 18, 2002, recommending awarding of Tender T02-016 - Fleet Vehicles. Councillor M. Galloway, in commenting on Tender T02-022 - Food and Concession Paper Products, suggested that the volume of products in the tender and the inflexibility in permitting companies to bid on only some of the products, as well as the inability to substitute products, made it prohibitive for some local companies to submit a bid. He asked that the tendering process be reviewed to allow more flexibility, which may encourage more qualified bids being submitted. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Tender T02-022, Food and Concession Paper Products, be awarded to Sysco Food Services of Ontario, Peterborough, Ontario at their tendered price of $284,754.07, plus P.S.T. & G.ST" - and - "That, due to a cancellation of the upgrade advantage program by Microsoft Corporation and the inability of GE Capital IT Solutions, Mississauga, to provide the product at their tendered price, Council rescind its resolution of Monday March 18th, 2002 and award the tender to Software House International, London Ontario, at their tendered price of $301,358., plus G.ST and P.S.T., for full package option for a period of one (1) year with an option to renew for two (2) additional twelve month periods." - and - "That Tender T02-016, Fleet Vehicles (Dual Wheel Cab & Chassis, Pick-Up Trucks, Mini Cargo Vans and Cab Over Engine Cab & Chassis), be awarded as follows: . Item #1 - Two (2) - 5,080 kg./11 ,200 Ib.G.V.W., Dual Wheel Cab & Chassis, complete to Specification CKF-242-2002, to Weiland Ford Sales, Kitchener, at their tendered price of $55,356., plus G.S.T. & P.ST Budget Estimate was $59,000.; COUNCIL MINUTES APRIL 22, 2002 - 161 - CITY OF KITCHENER . Item #2 - Two (2) - 4,173 kg./9,200 lb. G.V.w., All Wheel Drive Pick Up Trucks c/w Snowplow, complete to Specification CKF-288A-2002, to Parkway Ford, Waterloo, at their tendered price of $63,786., plus G.S.T. & P.ST Budget Estimate was $92,000.; . Item #3 - One (1) - 8,000 kg./17,600 lb. Cab Over Engine Design Cab & Chassis with 16' Aluminum Van Body, complete to Specification CKF-253-2002, to Denomme Automotive Ltd., Kitchener, at their tendered price of $57,535., plus G.S.T. & P.ST Budget Estimate was $60,000.; . Item #4 - Two (2) - 2,086 kg/4,600 lb. GVw. Compact Extended Cab Pickup Trucks c/w 589 kg/ 1,300 lb. payload capacity, complete to Specification CKF-306-2002, to Steve Scherer Pontiac Ltd., Kitchener, at their tendered price of $35,668., plus G.S.T. & P.ST Budget Estimate was $48,000.; and, . Item #5 - Two (2) - 2,540 kg./5,600 lb., GVW. Mini Cargo Vans, complete to Specification CKF-83-2002, to Steve Scherer Pontiac Ltd., Kitchener, at their tendered price of $39,180., plus G.S.T. & P.ST Budget Estimate was $64,000." Carried. Mr. Gerry Thompson, Chief Administrative Officer; Mr. Larry Kotseff, Commissioner of Planning, Housing & Community Services; Mr. Graham Vincent, Director of Transportation Planning, Region of Waterloo; and Mr. Malcolm Lobban, Architect, were in attendance to present a report on the Region's Growth Management Strategy and the Region's application for Canada Strategic Infrastructure funding for a Light Rail Transit System. Council was in receipt of Development & Technical Services Department report DTS-02-084 (G. Stewart/C. Ladd), dated April 19, 2002, with respect to the Region's Growth Management Strategy, and Development & Technical Services Department report DTS-02-087 (D. Corks/G. Borovilos), dated April 17, 2002, with respect to the Region's application for Canada Strategic Infrastructure funding for a Light Rail Transit (LRT) Proposal. The delegation advised that a Growth Management Strategy beyond the Region's existing Official Plan (2016) is necessary as substantial population growth in the Region is inevitable due to its location vis-a-vis the Greater Toronto Area and the U.S. border. Part of the strategy proposed is to encourage growth in the urban centres rather than extending new development beyond the existing urban boundary. This strategy is a balanced approached to growth management which will provide for safe, sustainable and healthy urban environments. Another part of the strategy to encourage and manage increased populations in the urban centres is through the provision of improved forms of public transit. Mr. G. Vincent then presented the Region's proposal for a Light Rail Transit System (LRTS) that, when completed, would service the Region from the City of Cambridge to the Village of Elmira along the Highway8/King Street corridor. Mr. Vincent advised that the first phase of the LRTS would be between Downtown Kitchener and University Avenue/Conestoga Mall, which currently has the highest ridership of the Grand River Transit. Four further phases are proposed as follows: second phase --Downtown Kitchener to Fairview Mall; third phase - Fairview Mall to Preston; fourth phase - Preston to Galt; and fifth phase - St. Jacobs to Elmira. The total cost of phase one will be $256M, consisting of the following: $141 for ten kilometres of track and six stations; $29M for trains; and $86M for the intermodal station, conference centre and parking lot at Victoria and King Streets. Mr. Thompson advised that the Region has applied for Canada Strategic Infrastructure funding for this project, and the next step is to present this proposal to the Deputy Prime Minister. He emphasized the project is in the conceptual stage, presentations will be made to other municipalities in the Region, and there is ample opportunity for municipal and public input, especially through the environmental assessment process. Councillor Ziegler questioned the cost of the proposed LRTS, and whether the need for such a system could be tested with special transit buses using dedicated lanes, and emulating the proposed LRTS. Mr. Vincent responded that such a test would not be accurate, as it has been proven that an LRTS is much more attractive to existing and potential users than a bus system. COUNCIL MINUTES APRIL 22, 2002 - 162 - CITY OF KITCHENER Councillor B. Vrbanovic referred to the volume of traffic between the south end of Kitchener and Cambridge. However, Mr. Thompson advised that the greatest ridership on Grand River Transit is currently between Downtown Kitchener and University Avenue, being the reason this section of the transit system has been chosen as Phase 1. He also commented that the LRTS would complement Kitchener's focus on Downtown redevelopment. Councillor G. Lorentz questioned whether the ring-road concept for the Conestoga Parkway will be completed, and was advised by Mr. Thompson that it will not be completed due to cost but that Ira Needles Boulevard may be completed. Councillor Vrbanovic requested that before Council endorses the LRTS proposal, presentations be made to the City's Environmental Committee, Downtown Advisory Committee, and Economic Development Advisory Committee, with their comments to be presented to Council through a staff report. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "That consideration of Development & Technical Services Department report DTS-02-087 with respect to the Region of Waterloo's proposal for a Light Rail Transit System, be deferred and referred to the Council meeting of May 27, 2002, pending presentations to and receipt of comments from the Environmental Committee, Economic Development Advisory Committee and the Downtown Advisory Committee." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the Region of Waterloo be requested to undertake an extensive public and municipal consultation process prior to undertaking detailed study and implementation strategies for the preferred growth options outlined in their Smart Growth Strategy, to ensure all possible options have been considered." Carried. Mr. Orville Thacker, President, Waterloo Regional Council of Union Retirees, was in attendance to request Council's endorsement of a motion requesting the Province to delay deregulation of the electricity industry. Mr. Thacker noted that the resolution has been endorsed by many Ontario municipalities. Mayor C. Zehr questioned whether the intent of the resolution is to oppose only deregulation, or to include the sale of the Province's hydro-electric power corporations. Mr. Thacker confirmed that the resolution should deal with both deregulation and the sale of the Province's power corporations. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "WHEREAS the Ontario government's plan to sell, deregulate and privatize the electricity industry will: 1. Result in higher consumer and industrial electricity rates; 2. Put increase pressure on municipal council budgets; 3. Make hydro generation ownership vulnerable to foreign control; and, 4. Reduce Ontario's economic advantage, threaten jobs and pose a substantial threat to our environment; THEREFORE, BE IT RESOLVED that this Council urges the Ontario Government and the Premier to immediately delay deregulation of Ontario's electricity system, and the sale of Hydro One Inc., its subsidiaries, and Ontario Power Generation Inc., and consult with local municipalities to answer concerns regarding the production of energy as it relates to electricity rates; and further, COUNCIL MINUTES APRIL 22, 2002 - 163 - CITY OF KITCHENER THAT this resolution be forwarded to the Association of Municipalities of Ontario for circulation to municipalities having populations greater than 5,000, and to all area MPPs." Carried Unanimously. Ms. Linda Homeniuk, Homeniuk Rides Incorporated, was in attendance to request approval to operate a midway at 707 Ottawa Street South, on April 23 & 24, 2002. In this regard, Council was in receipt this date of Corporate Services Department report CRPS-02- 093 (J. Koppeser), dated April 19, 2002. The report notes that Homeniuk Rides Incorporated has already received Council's approval to operate a midway at 707 Ottawa Street South on April 18-21 & 25-28, 2002. Should Council agree to the request, the report recommends that the hours of operation be 4:00 - 9:30 p.m., with the music being turned off by 8:00 p.m. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That the request of Homeniuk Rides Incorporated to operate a midway at Weiland Ford, 707 Ottawa Street South, on April 23 and 24, 2002, be approved subject to the following: (a) the required licence is obtained; (b) the hours of operation shall be 4:00 p.m. to 9:30 p.m.; and, (c) the music shall be turned off at 8:00 p.m. each day." Carried. Mr. & Mrs. C. Papenhuyzen were in attendance pertaining to Clause 5 of the Development & Technical Services Committee report dealing with a zone change application for the property known as 342 Frederick Street, consideration of which was deferred and referred directly to Council. The delegation advised that they still oppose the re-zoning and that the situation between themselves and their neighbours has not changed since their appearance before the Development & Technical Services Committee meeting of April 15, 2002. Mr. Papenhuyzen spoke of errors in the staff report for this application, raised by him on April 15, 2002, and asked that corrections be made to the report. He was advised by Mayor Zehr that the requested corrections are recorded in the Development & Technical Services Committee minutes. Mr. G. Stewart advised that staff met with the two neighbours separately, but they were unable to reach a compromise. It was noted by Councillor J. Smola that on advice from staff, Council does not have the authority, in this instance, to require screening of the proposed garage. Ms. D. Koebel, applicant, was in attendance in support of the recommendation for in Development & Technical Services Department report DTS-02-057-BPS. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That Zone Change Application ZC 01/25/F/BS (Diane Koebel/Tash Goka) requesting a change in zoning from Commercial-Residential One Zone (CR-1), with Special Use Provision 128U and Special Regulation Provision 114R to Commercial-Residential One Zone (CR-1), with Special Use Provisions 128U and 303U and Special Regulation Provisions 114R and 366R on lands legally described as Lot 2 and Part of Lot 3, Registered Plan 117 and municipally known as 342 Frederick Street, in the City of Kitchener, be approved, in the form shown in the Proposed By-law dated March 15, 2002, without conditions." Carried. 1. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development & Technical Services Committee be adopted." COUNCIL MINUTES APRIL 22, 2002 - 164 - CITY OF KITCHENER Voted on Clause by Clause. Clause 5 - Dealt with under Delegations and Carried. Balance of Report - Carried. 2. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. 3. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Services Committee, be adopted." Carried. Councillor M. Galloway advised that a hearing impaired child has moved into the Caryndale community and requested Community Services staff install signage in the community geared to the needs of the hearing impaired. Councillor J. Smola spoke of concerns raised by Downtown business owners related to vibrations from automobile radios played at an extremely high volume, and Councillor Vrbanovic raised concerns about noise from vehicles with poorly functioning mufflers. G. Sosnoski was directed to contact Regional Police and/or the City's By-law Enforcement staff to address these issues. In addition to the information contained in his report, Mayor C. Zehr advised that the Region has adopted an idling policy for Regional vehicles, which is stricter than the City's policy. It was noted that staff are already working with the Environmental Committee on amendments to the City's idling policy. Mayor Zehr then advised Regional Council has endorsed the Kyoto Protocol and requested that it be considered by the Environmental Committee at its May 9, 2002 meeting. At the request of Mr. G. Sosnoski, City Clerk, it was agreed to add four additional by-laws for three readings dealing with Clauses 4,5 and 6 of the Development & Technical Services Committee report and Clause 9 of the Finance and Corporate Services Committee report. 4. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (c) Being a by-law to amend By-law 2002-053 regarding By-law Enforcement. (d) Being a by-law to amend Chapter 213 of the City of Kitchener Municipal Code with respect to Columbaria and Mausolea in Municipal Cemeteries. (e) To confirm all actions and proceedings of the Council. (f) Being a by-law to adopt Amendment No. 40 to the Municipal Plan - New Kitchener Market, 149 and 155 Duke Street East, 11 to 29 Eby Street North. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Market Block. COUNCIL MINUTES APRIL 22, 2002 - 165 - CITY OF KITCHENER (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Diane Koebel/Tash Goka - Frederick Street. (i) Being a by-law to license Street Vendors in Victoria Park and at specific street intersections, expiring December 31 , 2002. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 5. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. 6. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2002-75) (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2002-76) (c) Being a by-law to amend By-law 2002-053 regarding By-law Enforcement. (By-law No. 2002-77) (d) Being a by-law to amend Chapter 213 of the City of Kitchener Municipal Code with respect to Columbaria and Mausolea in Municipal Cemeteries. (By-law No. 2002-78) (e) To confirm all actions and proceedings of the Council. (By-law No. 2002-79) (f) Being a by-law to adopt Amendment No. 40 to the Municipal Plan - New Kitchener Market, 149 and 155 Duke Street East, 11 to 29 Eby Street North. (By-law No. 2002-80) (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener - Market Block. (By-law No. 2002-81) COUNCIL MINUTES APRIL 22, 2002 - 166 - CITY OF KITCHENER (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Diane Koebel/Tash Goka - Frederick Street. (By-law No. 2002-82) (i) Being a by-law to license Street Vendors in Victoria Park and at specific street intersections, expiring December 31 , 2002. (By-law No. 2002-83) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:25 p.m. MAYOR CLERK COUNCIL MINUTES APRIL 22, 2002 - 167 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That the closure of an unnamed lane between Ottawa Street South and Borden Avenue South be approved in principle, and that the Corporate Services Department be instructed to proceed with the ordering of a reference plan, preparation of a by-law and for the necessary advertising in the local newspaper for the closing of the aforementioned lane. The lane closure is subject to the following conditions: 1) That a reference plan be completed and deposited prior to the passing of the lane closure by-law. 2) That the entire area of the lane to be closed be subject to easements in favour of Bell and Rogers for telephone and cable operations respectively. 3) That the purchasers pay $2.00 per square foot. 4) That the purchasers be responsible on a proportionate basis for all of the costs related to the reference plan, legal, registration and advertising associated with the closure of the lane. 2. That a 15 minute loading zone 8:00 a.m. to 9:00 p.m. be established on the north side of Halls Lane East between a point 6 metres east of Water Street to a point 12 metres east thereof; and, That on-street parking be prohibited on the east side of Water Street from a point 44 metres north of King Street to Halls Lane East; and further, That the Uniform Traffic By-law be amended accordingly. 3. That an all-way stop control be installed at the intersection of Old Chicopee Drive at Edenbridge Drive; and further, That the Uniform Traffic By-law be amended accordingly. 4. That Zone Change Application ZC 02/09/K/CB (1780 King Street East - Vahe Bederian), to change the zoning on the subject lands, legally described as Lot 36 Part Lots 32, 35, 37 Plan 765, in the City of Kitchener, from Commercial-Residential Zone Four (CR-4) to Commercial- Residential Four Zone (CR-4) with Special Use Provision 311 U to permit retail uses up to 1000 square metres of gross floor space, be approved, in the form shown in the Proposed By-law dated March 25, 2002, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 5. That Zone Change Application ZC 01/25/F/BS requesting a change in zoning from Commercial-Residential One Zone (CR-1), with Special Use Provision 128U and Special Regulation Provision 114R to Commercial-Residential One Zone (CR-1), with Special Use Provisions 128U and 303U and Special Regulation Provisions 114R and 366R on lands legally described as Lot 2 and Part of Lot 3, Registered Plan 117 and municipally known as 342 Frederick Street, in the City of Kitchener, be approved, in the form shown in the Proposed By- law, dated March 15, 2002, without conditions. (Dealt with under Delegations and Carried.) 6. A. That Council approve Municipal Plan Amendment Application MP 02/01/D/GR (New Kitchener Market - Duke Street East / Eby Street North - Barrel Works Kitchener Limited), being an amendment to: i) revise Map 7, Downtown Land Use Districts, to change the designation of the lands located at 149 and 155 Duke Street East, as well as 11, 13, 17, 21, 27 and 29 Eby Street North from Market Village to East Market. COUNCIL MINUTES APRIL 22, 2002 - 168 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 6. Cont'd It is the opinion of this Committee that approval of this application is proper planning for the City. B. That Zone Change Application ZC 02/03/D/GR requesting a change in zoning from "Market Village Zone (D-3)" to "East Market Zone (D-2)" on lands legally described as Part of Lot 12, Marked "N.Zieglar" according to B.Eby's Survey, North of King Street and West of Cedar Street, Registered Plan 364, City of Kitchener, be approved, in the form shown in the "Proposed By-law" dated April 2, 2002, 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 (MPA Application 02/01/D/GR - New Kitchener Market) to the City's Municipal Plan. 7. That Development and Technical Services Department report DTS-02-082 (Highway 8 Widening, Conestoga Parkway to Fergus Avenue) be received as information; and That the Ministry of Transportation be requested to investigate the feasibility of maintaining one east bound lane during construction on Kingsway Drive, by constructing a by-pass lane over private property. 8. That the current financial incentives provided to our citizens through local Garden Centres under the 'Trees for Our Future Program', be discontinued; and further, That the balance of funding previously set aside in the Capital Forecast for the 'Trees for Our Future Program' be re-allocated for tree planting in conjunction with the City's annual Earth Day Festival. COMMUNITY SERVICES COMMITTEE - 1 . That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Co-operative Agreement with Kitchener Seniors Tennis for use of the Victoria School Centre, as approved and attached to Community Services Department report CSD-02-084. 2. That a general provision grant to a maximum of $10,000. be approved for the 2002 City Hall Chess Program. 3. That staff be directed to proceed with the process of hiring a consultant for the McLennan Park project and the general scope of the consultant's work be approved as outlined in Community Services Department report CSD-02-085; and further, That a request for proposal to complete conceptual designs for McLennan Park be approved, in principle. 4. That Community Services Department report CSD-02-089 respecting removal of a tree located at 14 Bingeman Street be deferred and referred to a future Community Services Committee meeting, pending receipt of 3 written quotations from the owner of the subject property detailing costs associated with removal of the tree. 5. That the Auditorium Neighbourhood Association be permitted to use the former Hydro Substation 7, 311 East Avenue and that the building located on the subject property be maintained by the Association at its own expense, subject to the Association receiving the necessary grant funding from the Kitchener and Waterloo Community Foundation, or such other funding as is acceptable to the General Manager of Community Services; and further, COUNCIL MINUTES APRIL 22, 2002 - 169 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 5. (Cont'd) That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a License to Use agreement with the Auditorium Neighbourhood Association for such use of the subject property (Phase 1 only), as outlined in Community Services Department report CSD-02-091. FINANCE AND CORPORATE SERVICES COMMITTEE- 1. That the application of Mr. Peter Martin for a Grant-in-Lieu of Building Permit Fees, under the Downtown Financial Incentives Program, in the amount of $1 ,853.50, for renovations at 45 King Street West, be approved. 2. That the request of the Forest Heights Community Association to hold a fireworks display and sell food at Meadowlane Park, 236 Forestwood Drive, on May 20, 2002, be approved, subject to the Association obtaining the necessary licence and fireworks display permit. 3. That the request of Kitchener Minor Baseball to sell hotdogs, pop and water during their events, as follows, be approved: a) Lions Park, 20 Rittenhouse Road on May 11 & August 2-5, 2002; and, b) Breithaupt Park, 350 Margaret Avenue, on June 1, 2, 8, 9, 15 & 16, and July 20 & 21, 2002. 4. That with respect to the 2002 World Softball Championships to take place at the Peter Hallman Ballyard, August 9-17,2002, the host committee be granted: a) permission to sell food, liquor and merchandise during the event; and, b) an exemption from Municipal Code Chapter 450 (Noise) for the period of the event; and further, That the 2002 World Softball Championships, which is a major world class fastball event, be designated an event of "Municipal Significance" for the purpose of applying for a Liquor Licence. 5. That the request of the Waterloo-Wellington Regional Pride Committee to hold the Pride Day Celebration in Victoria Park, on June 9, 2002, be granted and include the following: a) location of a beer tent in Victoria Park for the event. b) invitation of a maximum of 12 food and merchandise vendors to sell at the event, provided the necessary licence is obtained, at a reduced fee of $1 0.00; and, c) an exemption to Municipal Code Chapter 450 (Noise) for the event; and further, That as this event is a celebration of community harmony and diversity, it be designated an event of "Municipal Significance" for the purpose of applying for a Liquor Licence. 6. That the 2002-2003 Budget for the Belmont Improvement Area as attached to correspondence from Pamela Ridley, Treasurer, dated April 1 0, 2002, be approved. 7. That the proposed 2002 Budget for the Kitchener Downtown Business Association, as attached to correspondence from Marty Schreiter, Executive Director, dated April 2, 2002, be approved. 8. That the consultant selection process be waived with respect to the Activity Based Costing Program, and it be awarded to Ernst & Young at the quoted price of $48,000. plus G.S.T; and further, That the Mayor and Clerk be authorized to execute an agreement in this regard satisfactory to the City Solicitor. COUNCIL MINUTES APRIL 22, 2002 - 170 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 9. That the 2002 Street Vendors' By-law be considered at the April 22, 2002 Council meeting, in the same form as By-law 2001-51 , save for the following amendments: a) "King Street West in front of 10-22 King Street West" location be removed; and, b) a new location be added to the by-law which is across King Street from the Bargain Shop at 53 King Street East, at the small park in front of the parking lot, with the stipulation that the hotdog cart at this location maintain a minimum distance separation of 10 feet from any trees. 10. That the request of Sunnyside Inc. (a Conklin Group) to hold a Midway at 419 Fairway Road South on May 9-12,2002, be approved subject to the following: a) that the hours of operation of the Midway shall be: Thursday - 4:00 p.m. to 11 :00 p.m. Friday & Saturday - 11 :00 a.m. to 10:00 p.m. Sunday - 11 :00 a.m. to 6:00 p.m. 11 . That the City's Project Manager be authorized to process various purchase orders and change orders to accommodate the new power requirements for the Children's Museum, as approved by the Children's Museum Board. 12. That effective June 1, 2002, a policy with respect for the late payment penalty for Utility billings be established as follows: a) A one-time delayed payment charge of 2% be levied 17 days after the date the bill is issue, if unpaid on the 1 ih day. b) Wording on utility bills indicate that bills are due when issued, and there will be a one-time penalty charge of 2% as noted above. c) The tenant deposit be increased to $50.00 for residential water customers and $150.00 for residential gas customers; with the interest rates paid on these deposits being prime plus 1 %, as in effect at the beginning of each calendar year. d) Where the utility customer and the property owner are the same, and utility charges are outstanding in excess of 60 days, the outstanding utility account be added to the tax roll for collection. 13. That the full-time complement in the Information Services Division be increased by one Programmer who will be dedicated to the Tax/Utility Billing System Project Team, for a period of five years; and further, That the additional capital allocation requirement for this project, as detailed in Financial Services Department report FIN-02-017, be referred to the Capital Budget process for 2003. COUNCIL MINUTES APRIL 22, 2002 - 171 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY -LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant Council was in receipt this date of Corporate Services Department report CRPS- 02-091 (J. Koppeser), dated April 18, 2002, with respect to an additional Adult Entertainment Parlour Attendant Licence for 2002. It was resolved: "That Rena Omar, employed at 280 Victoria Street North (Cleopatra), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Dawn Marie Frandsen, employed at 4-808 Courtland Avenue East (Taj Mahal), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Brittany Roberts, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." 2. Quit Claim Deed - 130 Havward Avenue It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all the rights of the City contained in Instrument No. 508604 respecting Part Lot 2, Plan 757 designated as Parts 3 and 5 on Plan 58R-12301 and Part 1 on Plan 58R-720, municipally known as 130 Hayward Avenue, Kitchener." 3. Encroachment Aareements - Sidewalk Patios Council was in receipt of correspondence from L. MacDonald, on behalf of the Kitchener Downtown Business Association, requesting deferral of the request of Dandy's Restaurant for an encroachment agreement to allow for further discussion with the owner. It was resolved: "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31 , 2002; and, That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Big City Donut, located at 24 COUNCIL MINUTES APRIL 22, 2002 - 172 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 3. Encroachment Aareements - Sidewalk Patios - (Cont'd) Gaukel Street, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31 , 2002; and, That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of the restaurant located at 271 King Street West, currently known as Da Vinci's but subject to a name change, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to October 31 , 2002; and, That staff be directed to incorporate a new requirement in the encroachment agreement for sidewalk patios, requiring all patio operators to install a City issued sign on their sidewalk patio listing a phone number for the public to call to lodge comments about the operation of the patio; and further, That consideration of an Encroachment Agreement for Dandy's Restaurant, 85 King Street West, for the operation of a sidewalk patio be deferred and referred to the April 29, 2002 Finance and Corporate Services Committee meeting." 4. Various Tenders Dealt with under Delegations. 5. Temporarv Vehicle Loan Aareement - Fanshawe Colleae Council was in receipt of Financial Services Department report FIN-02-016 (C. Pomeroy/Po Houston), dated April 9, 2002, endorsing the placement of a municipal truck at Fanshawe College for use as a training aid in support of transportation technology skills development. Councillor G. Lorentz questioned whether staff had offered the vehicle to Conestoga College. P. Houston agreed to investigate and report. It was resolved: "That consideration of the recommendation to loan a municipal truck to Fanshawe College be deferred to the May 6, 2002 Committee of the Whole meeting pending a further staff report." 6. Liaht Rail Transit Proposal - Application for Canada Strateaic Infrastructure Fundina - Reaional Municipalitv of Waterloo Dealt with under Delegations. 7. Communitv Festival / Temporarv Retail Market Licence - K-W Multicultural Festival Council was in receipt of Corporate Services Department report CRPS-02-090 (J. Koppeser), dated April 17, 2002, recommending declaration of the Multicultural Festival as a 'Community Festival' and issuing of a licence. It was resolved: "That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park Saturday, June 22, 2002 and Sunday June 23, 2002, the period of June 22, to July 2, 2002, inclusive be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a "Community Festival' within Kitchener, and further, COUNCIL MINUTES APRIL 22, 2002 - 173 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Communitv Festival / Temporarv Retail Market Licence - K-W Multicultural Festival - (Cont'd) That the Kitchener-Waterloo Multicultural Centre Inc., be granted a Temporary Retail Market licence, provided that the necessary licence is obtained, including Health and Fire approvals." 8. Application for Cancellation. Refund. Reduction or Levv of Taxes Council was in receipt of correspondence from G. Sosnoski, General Manager of Corporate Services & City Clerk, dated April 17, 2002, relative to applications for cancellation, refund, reduction or levy of taxes. Mayor C. Zehr asked staff to provide further information on how tax rebates for vacant industrial properties will be processed. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, refund, reduction or levy of taxes be disposed of as recommended therein." 9. Enaineerina Aareement - Activa Holdinas Inc. - Laurentian Forest 3 Council was in receipt this date of a memorandum from D. Mansell, dated April 18, 2002, recommending execution of agreements with Stantec Consulting Limited for professional engineering services with respect to Laurentian Forest 3. 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, Laurentian Forest 3, Stages 4,9, 10& 11, Plan 30T-95015."