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HomeMy WebLinkAboutCouncil Minutes - 2002-05-06 COUNCIL MINUTES May 6, 2002 CITY OF KITCHENER The Council of the City of Kitchener met this date, Chaired by Acting Mayor G. Lorentz and with all members present except Mayor C. Zehr. The meeting began with the singing of "0 Canada" by The Gilbert & Sullivan Ensemble. It is noted for the record that pursuant to Section 25.8.9 of Chapter 25 (Council Procedure) of the Municipal Code, Councillor B. Vrbanovic disclosed a pecuniary interest relative to a labour relations matter at an in-camera meeting of City Council held earlier this date. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held April 22, 2002, as amended, and special meetings held April 22, 24 & 29, 2002, as mailed to the Mayor and Councillors, were accepted. The minutes of the regular meeting held April 22, 2002, as adopted, included an amendment to add the following paragraph to the bottom of Page 161 : "In response to various questions from Councillor Ziegler, Mr. Vincent advised that, depending on the number of cars purchased, the technology used, and the amount of funding, the LRT could accommodate 80-160 passengers per car, and could potentially transport 16,000 passengers per hour. He estimated the operating cost recovery at 55% but could not estimate the cost to the average taxpayer." COMMUNICATION REFERRED DIRECTLY TO FILE- (a) Letter dated April 12, 2002, from Hon. James Flaherty, Minister of Finance, acknowledging receipt of T. Arnott's letter of support regarding Council's request to speed the approval process for Canada-Ontario Infrastructure Program and SuperBuild funding of public infrastructure. (b) Letter dated April 18, 2002, from Hon. Art Eggleton, Minister of Defence, acknowledging receipt of Council's resolution advising of the development of a Military Leave Policy. Mr. L. Gordon, Manager of Purchasing, attended with respect to the tenders listed on the Committee of the Whole agenda. Council was also in receipt this date of two reports with recommendations, both dated May 6,2002, from Mr. Gordon regarding Tender T02-025 and Quotation Q02-041. Moved by Councillor M. Galloway Seconded by Councillor J. Ziegler "That Tender T01-012, Triple Combination Pumper, be awarded to Dependable Emergency Vehicles, Brampton, Ontario, at their tendered price of $549,158.88, plus G.S.T." - and - "That Tender T02-024, Fleet Vehicles (Tandem Axle Conventional Cabs and Chassis), be awarded to Team Truck Centres, Kitchener, at their adjusted tendered price of $288,327., plus $100. air conditioning tax per unit, plus P.S.T. & G.ST" - and - "That Tender T02-032, Wabanaki Drive Construction - Phase 1 (Hidden Valley Road to Fairway Road), be awarded to Brantford Engineering and Construction Limited, Brantford, Ontario, at their tendered price of $1,558,739.09, including contingencies of $127,280. and G.S.T." - and - "That Tender T02-025, Two (2) Fiveplex Lightweight Fairway Mowers complete to specification CKF-295-2002, be awarded to Turf Care Products Canada Limited, Newmarket, at their tendered price of $86,730.50, plus P.ST and G.ST" - and - COUNCIL MINUTES MAY 6, 2002 - 192 - CITY OF KITCHENER "That Quotation Q02-041, Resurface Running Track - Centennial Stadium, be awarded to Marathon Athletic Surfaces Inc., Surrey, British Columbia, at their reduced quoted price of $113,065., plus G.S.T. " Carried. Councillor B. Vrbanovic, Co-Chair, Safe and Healthy Community Advisory Committee, with assistance from Superintendent Anne McConnell - Waterloo Regional Police, Randy Kalan - Kitchener Fire Department and John Prno - Waterloo Regional Emergency Medical Services, presented grants under the Annual Youth Issues Grants and Award Program to representatives of the organizations listed below: . Anishnabeg Outreach, Employment & Training Centre - "Whispering Eagle Singers Youth Drum Group" . Mill-Courtland Neighbourhood Association - "Summer Youth Program" . Victoria Hills Community Centre - "Youth Drop-In" . COPS 2002 - "Chicopee Outreach Program Summer 2002" . Cedar Hill Community Group - "Kids Club" . Mt. Hope/Breithaupt Park Neighbourhood Association - "Movie Night" . Forest Heights Community Association - "Youth Drop-In" . Mill-Courtland Neighbourhood Association 0- "After School Program" . Forest Heights Community Association - "Pre-School Program" . Every Kid Counts - "Summer Playgrounds" . Chandler Mowat Community Centre - "Youth Drop-In" . K-W Sexual Assault Support Centre - "Youth Information Sharing Session" . Kitchener Public Library - "Kitchener Teen Reads" . Country Hills Community Centre - "Urban Art Project" . Highland-Stirling Community Group - "You Go Girl Program" Councillor B. Vrbanovic expressed appreciation for the hard work of these groups and reminded Council and the public that the Annual 911 Charity Golf Tournament would be held on June 19, 2002 at a cost of $80. with proceeds going to youth issues. Acting Mayor G. Lorentz extended thanks on behalf of Council to the recipient groups. Ms. J. Hutchison, Acting Facilitator - Seniors, Leisure Programs and Volunteer Resources, and Mr. J. Cooper, Coordinator of Athletics, were in attendance to advise of the Kitchener recipients of the Parks and Recreation Ontario Awards for Volunteerism. Ms. Hutchison explained that Parks and Recreation Ontario is a not-for-profit corporation with over 1,000 members dedicated to enhancing the quality of life, health and wellbeing of people and their communities and attempts to influence public policy in these matters. Acting Mayor G. Lorentz and Councillor J. Smola then presented awards to the following people: Achievement Award - 20 Years of Service Peter von Harpe - Senior Day Program Pat Muller - Doon Pioneer Park Community Association Honorarv Award -15 Years of Service Don and Gwen Bowman - Rockway Centre Don McDonald, Mike Krysko Dr. Jim Massecar, Dave Parsons - Kitchener Minor Hockey Association Certificate of Merit - 8 Years of Service Mark and Catherine Kekanovich, Eunice Shantz - Breithaupt Centre Gail Reynolds - K-W Synchronized Swimming Don MacKinnon - Waterloo Region Nordic Sports Club COUNCIL MINUTES MAY 6, 2002 - 193 - CITY OF KITCHENER Kitchener Memorial Auditorium Complex Wall of Historv Committee Donna Weber Pat Doherty Bud Stanley Don Cameron Ed Davies Ray Alviano Dave Birnstihl Certificate of Recoanition - 5 Years of Service Kitchener Memorial Auditorium Complex Special Events Committee Bud Stanley Art Diegel Bill Brown Ray Alviano Don Herner John Weber Ed Davies Dave McLelland Wally Delahey Bucky Miller Mark Psutka Pat Doherty Donna Weber Certificate of Thanks - 2 Years of Service Kitchener Memorial Auditorium Complex 50th Anniversarv Committee Gary Doyle Fred Hasen Ed Davies Don Cameron Dave McLelland Donna Lloyd Sara Salverda Pat Doherty Ray Alviano Don Herner Marilyn Johnny Eleanor Gough, Orval Reist - Victoria School Centre Innovation for Proaram and Desian Award Community Justice Initiatives Mr. G. Stewart, General Manager of Development & Technical Services, introduced Mr. Robert Browning, the City's new Fire Chief. Mr. Browning has 23 years of experience in various facets of firefighting including time with the Office of the Fire Marshall and most recently with the City of Greater Sudbury. Mr. Stewart also extended appreciation and gratitude to Fire Chief B. Kuntz for his many years of dedicated service to the City and for remaining as the Fire Chief until his successor was hired. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That Robert Browning be appointed Fire Chief effective May 6, 2002, and that the appropriate Chapters of the Municipal Code be amended accordingly." Carried. Ms. R. Pitfield, Director of Communications/Marketing, attended giving a presentation on the 2002 market strategy for the Direct Detect program. Ms. Pitfield advised that the objectives for 2001 of 1,200 residential and 50 commercial units sold were surpassed and that the strategy is to increase the number of dealers selling the Direct Detect service and to create more partnerships such as the program's new partner Digital Security Systems Inc. (DSSI). Mr. Dave Broughton, General Manager of DSSI, attended and advised that his company is excited about working with Fire Services and is ready to launch a new marketing campaign to sell both the services of the Direct Detect program along with home security. In response to questions raised by members of Council, Ms. Pitfield advised that the cost of the Direct Detect program of $9.11 per month would be in addition to the cost for home security services and that the partnership with DSSI was not exclusive. COUNCIL MINUTES MAY 6, 2002 - 194 - CITY OF KITCHENER Mr. D. Chapman attended introducing the 'One Book, One Community' literacy program that encourages everyone to read the same book at the same time to create a kind of region-wide book club. Mr. Chapman explained that Waterloo Region is only one of two communities in Canada that have adopted 'One Book' programs, a concept based on successful programs in several U.S. cities. The book that has been chosen is 'No Great Mischief' by Alistair McLeod, a Canadian author, who will be attending a 'Meet the Author' program at the Kitchener Public Library on September 26, 2002. Mr. Chapman advised that each member of Council has been given a copy of the book. He then presented Acting Mayor G. Lorentz with an official copy of the book. Mr. Eric Hagedorn attended expressing concern over the Region's proposed Light Rail Transit System (LRT) and the assumption that there is no other alternative with respect to the transit system. Mr. Hagedorn then provided a presentation on his Bus Rapid Transit (BRT) System whereby the Region would be delineated into natural neighbourhoods serviced by smaller local buses running on natural gas, which would transport passengers to express terminals. Larger full-sized buses would then transport passengers between these express terminals using efficient express routes and without stopping between terminals. Mr. Hagedorn added that the small local buses could be modified to allow both able and disabled passengers thereby eliminating the need for a separate Mobility Plus system. Mr. Hagedorn pointed out some of the advantages to his proposed BRT System through: costs savings, currently a full-sized bus costs $4.36 per kilometre to run whereas a van typically costs .28 cents per kilometre; faster and more flexible service with the use of local neighbourhood buses and express buses; environmentally friendly with all of the local buses running on natural gas and positioned to take advantage of fuel cell technology or charged electric power when it becomes available; unobstructed service, if the LRT encounters an accident, the entire line is stopped whereas a bus simply drives around or takes an alternate route; start up costs, the total cost of the LRT is unknown whereas development of the BRT would only require purchase of local buses at approximately $50,000. each; and, it would take at least three years for the LRT to commence operation whereas the BRT could be in service within six months. Mr. Hagedorn concluded his presentation advising that the Region needs the City's support for the grant and therefore needs to include the City in its plans for the transit system. He requested that Council urge the Region to consider all options not just the proposed LRT System. Councillor J. Ziegler expressed his appreciation to Mr. Hagedorn for providing an alternative to the proposed LRT System. He also pointed out that Mr. Hagedorn was able to provide an estimated impact on the taxpayers whereas under the Region's proposal, this could not be done. In response to a question raised by Councillor M. Galloway, Mr. Hagedorn advised that he has over 25 years of experience in the courier business and, therefore, has experience in transporting goods but he does not have any direct experience with respect to municipal transit. Councillor Galloway added that the two proposals were conceptual and still in the preliminary stages but both proposals have merit and should be investigated. Council agreed with a suggestion from Councillor Ziegler that staff be directed to prepare a report on the proposed BRT System for the May 27, 2002 Council meeting when Council will consider Development & Technical Services Department report DTS-02-087 and Advisory Committee comments regarding the Region's proposed Light Rail Transit System. Mr. George Demetriou, Felicity's Night Club, attended advising that on May 3, 2002, two Regional Police Officers came to his bar and instructed him to remove from open sight all beverages and food including non-alcoholic beverages by 2:45 a.m. They asked for a copy of his cash register tape which he provided at 3:04 a.m. and was informed that a summons would be in themail.Mr. Demetriou added that this situation takes place every Friday and Saturday, when he is open, and he believes that Council is instructing the Police in this regard and that this action constitutes harassment. Mr. Demetriou stated that he is trying to keep his business clean and to comply with the by-law while he awaits the decision of the courts. In conclusion, Mr. Demetriou stated that he did not need this aggravation every Friday and Saturday and requested that he and the City come to an agreement until the courts deal with the by-law. Councillor J. Ziegler advised that Council passed the by-law requiring the 3:00 a.m. closing which Mr. Demetriou is challenging in the courts. He noted that in his opinion the by-law is unfair and he did not support it. Mr. Demetriou responded that he is in compliance and that there have been no transactions after 3:00 a.m., and asked the City to stop the Police from harassing him. Councillor Ziegler advised that the City does not control the Police and suggested that Mr. Demetriou contact the Chief of Police Services or the Police Services Board and lodge a complaint. COUNCIL MINUTES MAY 6, 2002 - 195 - CITY OF KITCHENER Mr. Orville Thacker attended requesting Council's support for a resolution regarding support for Canada's public health care system and the proclamation of May 15, 2002 as 'National Public Medicare Day'. Mr. Thacker explained that currently the Federal government, through the Romanow Commission, is studying the health care system in Canada and it is important that a message regarding the necessity for a stable public Medicare system be conveyed to the Federal government through the Commission. He further requested that the motion be amended to add local MPs and MPPs to the circulation list. Councillor B. Vrbanovic pointed out that the City has discontinued the practice of proclamations and suggested an appropriate change in the motion wording. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler 'WHEREAS residents of Kitchener and Canadians alike pride ourselves on the fact that Canada has provided universal, publicly accessible health care to its citizens for over 30 years; and, WHEREAS the principles of the Canada Health Act are the basis upon which our public health system was formed and have provided public access to life saving and life enhancing care for over a generation; and, WHEREAS Canadians are challenged as we have never been before to protect, restore and upgrade where necessary our public Medicare system; THEREFORE BE IT RESOLVED that Kitchener City Council supports Canada's public health care system and the principles of the Canada Health Act; BE IT FURTHER RESOLVED that Kitchener City Council hereby indicates its support for the Federal Government proclaiming May 15, 2002 as National Public Medicare Day; and, BE IT FINALLY RESOLVED that a copy of this resolution be sent to Mr. Roy Romanow; Right Honourable Jean Chretien; Honourable Ernie Eves; Honourable Anne McLellan; Honourable Tony Clement; and all local MPPs and MPs." Carried. Ms. R. Pitfield, Director of Communications/Marketing, attended providing a presentation on the City's Brand Management Program. Ms. Pitfield explained that the Program deals with the use of the City's new logo and Corporate seal and incorporates the City's colours as a means of establishing and ensuring consistent use of City identifiers. Ms. Pitfield then gave an overview of various uses for the logo on such items as letterhead, envelopes, badges, fleet vehicles and City flags. Through her presentation, Ms. Pitfield was able to provide examples of the new logo and presented the updated Corporate seal. Acting Mayor G. Lorentz, on behalf of Council, expressed appreciation to staff for the excellent work done on creating the new logo and the Brand Management Program. Councillor C. Weylie advised that staff have requested an amendment to Item 6 of the Development & Technical Services Committee report regarding the extension of a public road to support lands in the Huron Business Park by changing the date the staff report is required from May 13, 2002 to June 24, 2002. 1. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development & Technical Services Committee be adopted." The report was then voted on Clause by Clause. Clause 6 - Carried, as Amended. Balance of report - Carried. COUNCIL MINUTES MAY 6, 2002 - 196 - CITY OF KITCHENER 2. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler "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 Service Committee be adopted." Councillor J. Smola requested that Clause 7 be voted on separately explaining that it deals with encroachment agreements with respect to restaurant patios on City property. He added that in this particular case, the restaurant in question, Dandy's at 85 King Street West, has not shown much cooperation with the City or in enhancing the Downtown area and in consideration of the fact that these encroachment agreements are a privilege and not a right, he would not be supporting this clause. Clause 7 - Carried. Balance of report - Carried. Councillor J. Ziegler presented a Tax Arrears Mitigation Proposal; the object of which is to reduce the longest or oldest outstanding arrears and to offer interest rate relief on arrears to some of the owner occupied residents who need assistance. Councillor Ziegler explained that interest rates are at the lowest levels in 40 years yet the City and other municipalities maintain close to credit cards rates for arrears. The nature of municipal taxes has changed in the past 15 years and today they now account for a large part of everyone's income. He also pointed out that there is no systematic breakdown of taxes to assist Council in analyzing the affordability of the program from year to year and although it is assumed that business and residential arrears are equal, in fact only 34 percent of the arrears are from residential assessment. Councillor Ziegler advised that the proposal is made up of three components: 1) the introduction of a system of tracking arrears by breaking them down as to residential, and type of residential; commercial and industrial; and, the age of the arrear; 2) the introduction of an application which would entitle mortgagees, for a fee, to tax notices for the term of the mortgage; 3) introduction of a program to offer owner occupied single family residential units interest relief upon certain conditions being fulfilled, namely one half of the interest charged upon the completion of a credit counselling course. This offer could only be applied for once every ten years. Councillor Ziegler advised that at this time, he was requesting that Council agree in principle with the three recommendations and direct staff to report back on the proposal. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Council agree, in principle, with the three recommendations contained in the Tax Arrears Mitigation Proposal submitted by Councillor J. Ziegler; and further, That staff be directed to review the Proposal and report back to the Finance and Corporate Services Committee on June 24, 2002." Carried. Councillor M. Galloway requested that staff provide him with information regarding the installation of the traffic lights at Fischer-Hallman Road and Activa Drive. Councillor Galloway advised that the Association of Municipalities of Ontario have received information from other municipalities regarding the designation of By-law Enforcement Officers as Provincial Offences Officers and will be lobbying the Province to make changes to its policy in this matter. Councillor B. Vrbanovic advised that the Waterloo Region Catholic School Board will no longer participate in the Community Use Agreements making it extremely difficult for community groups COUNCIL MINUTES MAY 6, 2002 - 197 - CITY OF KITCHENER looking for space to use. He requested that staff investigate a strategy to have the Province review its funding of schools for community use and to bring back a report at a future meeting of the Community Services Committee. Councillor C. Weylie inquired as to the procedures regarding a resignation from the Economic Development Advisory Committee. Mr. G. Sosnoski advised that if there were no applications on file for appointment to this Committee, Council could advertise for applicants. Councillor Weylie requested that staff include the resignation on the next agenda of the Economic Development Advisory Committee. Councillor B. Vrbanovic requested that staff provide a brief update on the current Downtown projects. Mr. F. Pizzuto advised that Barrel Works Inc. was now on site preparing to begin demolition tomorrow. He also advised that an Open House will be held on May 7, 2002 at City Hall regarding the Market Block site. Mr. G. Borovilos advised that demolition has begun at the Lyric Theatre on the Centre Block and that all local businesses have been contacted. Councillor agreed to a request from Mr. G. Sosnoski, City Clerk, to add four additional by-laws to the agenda for three readings this date: the first by-law dealing with the appointment of Jeff Wilmer as Director of Planning; a by-law to amend Chapter 110 of the Municipal Code respecting By-law Enforcement; a by-law to appoint Robert Browning as the City's Fire Chief; and, a by-law to provide for the widening of part of Old Chicopee Drive as a public highway. 4. Moved by Councillor J. Ziegler Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 2002-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (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 provide for the establishing and laying out of Munroe Street as a public highway in the City of Kitchener. (d) To confirm all actions and proceedings of the Council. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code respecting By-law Enforcement. (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (h) Being a by-law to provide for the widening of part of Old Chicopee Drive as a public highway in the City of Kitchener. 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 Acting Mayor G. Lorentz appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Acting Mayor G. Lorentz occupied the Chair. COUNCIL MINUTES MAY 6, 2002 - 198 - CITY OF KITCHENER 5. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "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. Smola Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 2002-159, 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. 2002-87) (b) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2002-88) (c) Being a by-law to provide for the establishing and laying out of Munroe Street as a public highway in the City of Kitchener. (By-law No. 2002-89) (d) To confirm all actions and proceedings of the Council. (By-law No. 2002-90) (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2002-91) (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code respecting By-law Enforcement. (By-law No. 2002-92) (g) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2002-93) (h) Being a by-law to provide for the widening of part of Old Chicopee Drive as a public highway in the City of Kitchener. (By-law No. 2002-94) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 9:20 p.m. MAYOR CLERK COUNCIL MINUTES MAY 6, 2002 - 199 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1 . That yield controls at the following locations be converted to stop controls: . Queen's Boulevard northbound left turn channel . Queen's Boulevard southbound left turn channel; and further, That the Uniform Traffic By-law be amended accordingly. 2. That Demolition Control Application DC 02/05/F/GR (Voisin Developments Ltd.) requesting approval for the demolition of a single family residential dwelling located at 621 Fischer Hallman Road, and legally described as Part of Lot 47, German Company Tract, Part 1, Plan 58R-1399, in the City of Kitchener, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 3. That the Tourism Strategy Report dated April 18, 2002 as prepared by Wayne Hussey Consulting Inc., be received as information and that it be circulated to the tourism industry for review and comment, and That staff report back to Council by July 2, 2002 with final recommendations with respect to the next steps; and further, That the City of Kitchener, along with its funding partner at the City of Waterloo, request a 6 month extension (to December 31, 2002) to the Greater Kitchener Waterloo Chamber of Commerce for the provision of tourism information services. 4. That the Offer to Purchase from AT SA Corporation Inc. not be accepted for Lot 4 on Registered Plan 58M-98, being a parcel of land in the Huron Business Park having an area of approximately 2.5 acres at the price of $80,000 per acre for 2.5 acres, resulting in a total purchase price of $200,000.00. 5. That the Offer to Purchase from Blue Top Properties Ltd. be accepted for Lot 4 on Registered Plan 58M-98, being a parcel of land in the Huron Business Park having an area of approximately 2.5 acres at the price of $80,000 per acre, resulting in a total purchase price of $200,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. 6. That staff be directed to explore the extension of a public road from Strasburg Road to support the subdivision of 12.0 acres of land in the Huron Business Park legally described as Parts 6, 7 and 8 of Reference Plan 58R-12683; and further, That staff report back with a detailed report analysing the financial implications at the June 24, 2002 Development and Technical Services Committee meeting. (As Amended) 7. That Demolition Control Application DC 02/04/F/BS (Ron Solowka) for which the owner is requesting approval for the demolition of 209, 211-215, 219-221 and 223 Frederick Street and 122 Lancaster Street, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 8. That red brick be chosen as the major component of the fayade design for the parking garage structure at Charles and Benton Streets. 9. That Development and Technical Services Department report DTS-02-102 (2001 Downtown Monitoring Report) be received as information. COUNCIL MINUTES MAY 6, 2002 - 200 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - 1. That standard pre-approved "Service Provider - Special Events" and "Performer" contracts be amended to also delegate signing authority to Facilitators in Community Programs and Services, the Facilitator of Special Events and the Director of Community Programs and Services, subject to a total payment/consideration limit not exceeding $7,000. 2. That the Co-operative / License Agreement between the City of Kitchener and the House of Friendship of Kitchener for use of the Kingsdale Community Centre be approved in the form as attached to Community Services Department report CSD-02-096; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute the Co-operative / License Agreement with the House of Friendship of Kitchener. 3. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an amended "Grant and Chess Program" Agreement with the Kitchener-Waterloo Chess Club for continuation and expansion of the City Hall Chess Program, with the terms generally as set out in joint Development and Technical Services Department and Community Services Department report DTS-02-075/ CSD-02-092. 4. That the final commission of Andrew Wright, 2001 Artist in Residence, be approved as recommended by the Public Arts Committee and installed at a site affiliated with the City of Kitchener; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute the "Artist in Residence - Year 2001 Commission" Agreement, in the form as attached to Community Services Department report CSD-02-095. 5. That Sandra Martin be named as the 2002 Artist in Residence, as recommended by the Arts and Culture Advisory Committee / Public Art Working Group; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute the "License for Artist's Studio Kitchener City Hall" with Sandra Martin for use of City Hall facilities in 2002 - 2003, in the form as attached to Community Services Department report CSD-02-094. 6. That the Heather Kocsis Exhibit consisting of 14 paintings, be approved for display at various locations within City Hall over a two year period; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an "Exhibit" Agreement with Peter Lerner on behalf of Reinsurance Risk Management, owner of the collection of paintings and in accordance with the terms as set out in Community Services Department report CSD-02-093. 7. That a one-time grant in the amount of $1,500. be approved in support of the "From the Ground Up: Building Healthy Communities in Waterloo Region" initiative. 8. That the process for review of annual, general provision and minor sports grants be approved, as set out in Community Services Department report CSD-02-097; and further, That staff be directed to prepare a report for consideration by the Community Services Committee in September 2002 outlining recommendations resulting from the grant review process. 9. That policies and procedures related to the Automated Program Registration System be approved, as set out in the attachment to Community Services Department report CSD-02- 101. COUNCIL MINUTES MAY 6, 2002 - 201 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE- 1 . That the request of World Partnership Walk to sell food during their event on May 26, 2002 at Victoria Park be approved, provided the necessary licence, at the reduced fee of $10.00, including Health and Fire approvals is obtained and further, That the request of World Partnership Walk for an exemption from City of Kitchener Municipal Code Chapter 450 (Noise), for their event to take place in Victoria Park on May 26, 2002, be approved. 2. That the request of the Optimist Club of Southwest Kitchener to operate a hog dog cart at their events at Southwest Optimist Sportsfield during 2002 be approved, provided the necessary licence, at the reduced fee of $1 0.00, including Health and Fire approvals is obtained. 3. That the request of Central Frederick Neighbourhood Association to sell food during their 10th Annual Summer Festival on August 11, 2002 at Weber Park be approved, provided the necessary licence, at the reduced fee of $10.00, including Health and Fire approval is obtained; and further, That the request of Central Frederick Neighbourhood Association for an exemption from City of Kitchener Municipal Code Chapter 450 (Noise) for their event at Weber Park on August 22, 2002, be approved. 4. That the request of Les Halat to operate 2 hot dog carts, one at 215 Lennox Crescent and one at 273 Stoke Drive, during the annual Community Garage Sale on May 4, 2002 be approved, provided the necessary licence, including Health and Fire approval is obtained. 5. That the application of Maria & Nicolau Silva for an exemption from Municipal Code Chapter 408 (Animals - Regulation) to allow them to keep pigeons on the property municipally known as 53 Highbrook Street, be approved. 6. That vacant land measuring approximately 7 by 7 metres at the following 3 sites, be declared surplus to the City's needs, and easements on these lands be conveyed to Bell Canada for the purpose of constructing remote switch boxes: a) River Road (part of Stanley Park Conservation Area); b) Victoria Street South (part of Filsinger Park West); and, c) Rittenhouse Road (part of Lions Sportsfield). 7. 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 owner(s) of Dandy's Restaurant located at 85 King Street West, for the operation of a sidewalk patio for the period commencing the date the Agreement is signed by all parties to June 30, 2002; and, That consideration of an extension to the Encroachment Agreement with the owner(s) of Dandy's Restaurant take place at the Finance & Corporate Services Committee and Special Council meetings of June 24, 2002; and further, That any and all complaints received with respect to the operation of sidewalk patios be provided to the owner(s), in writing, within 5 business days of receipt. 8. That the Council policy respecting Military Leave attached to Strategic Services Department report SSD-02-08 be approved, as revised, to allow military leave to a maximum of 1 year. 9. That subject to the agreement of the City of Waterloo and the Townships of Wellesley, Wilmot and Woolwich, the City's agreements with these municipalities for Computer Aided Dispatch be extended until a new Computer Aided Dispatch System is purchased and new agreements are negotiated. COUNCIL MINUTES MAY 6, 2002 - 202 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 10. That consideration of Development & Technical Services Department report DTS-02-095 [CriSys Ltd. - Computer Aided Dispatch (CAD) and Records Management System (RMS) for Kitchener Fire Department] be deferred and referred to the Committee of the Whole meetina scheduled for Mav 6. 2002. 11. That no action be taken to oppose the application for a liquor licence by Elvis Ellison and Elton Russell (the 'Applicants') at 24 Charles Street West, Kitchener, based on the Applicants agreeing to the following: The Applicants agree to voluntarily request the following conditions be added to their liquor licence. In the event the Alcohol and Gaming Commission of Ontario, at its discretion, does not add the following conditions to the licence, the Applicants agree to have these conditions added to and form part of the 'private agreement conditions' and understands the City's non- objection to the issuance of their liquor licence is based on that agreement and continued compliance. CONDITIONS The Applicants agree to: (a) post in a conspicuous place and abide by the Downtown Licensed Establishments Code of Conduct; (b) become a member of the Downtown Business Association's License & Entertainment Committee and attend its meetings; (c) set a 40% monthly ratio of alcohol sales to gross refreshment sales (including food and other sundries) as set out in their application (alcohol sales will be limited to 40% of gross refreshment sales); (d) stop serving alcohol by 1 :00 a.m. daily; (e) voluntarily surrender the liquor licence to the AGCO should one or both of the Applicants cease to operate this establishment; (f) notify the Clerk of the City of Kitchener of any applications to change the licence, in writing and at the time the application for the change is made to the Alcohol and Gaming Commission, and not expand the licensed establishment without consent of the City's Council; and, (g) these conditions shall bind all successors, assigns and subsequent licence holders (if any). COUNCIL MINUTES MAY 6, 2002 - 203 - 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) Permanent Vendor It was resolved: "That a 2002 Permanent Vendor Licence be granted to Tina Jolanda Pace, to operate a tanning salon at 1005 Ottawa Street North, Kitchener." ii) Cvcle Refreshment Vehicle Driver It was resolved: "That a 2002 Cycle Refreshment Vehicle Driver Licence be granted to Andrew Anthony Jeffrey." iii) Adult Entertainment Parlour Attendant It was resolved: "That Jennifer Pankhurst, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." - and - "That Crystal Thompson, employed at 280 Victoria Street North (Cleopatra), Kitchener, be granted a 2002 Adult Entertainment Parlour Attendant Licence." 2. Doa Desianation Appeal Decision It was resolved: "That the April 16, 2002 decision of the Dog Designation Appeal Committee regarding an appeal filed by Cheryl Ford and Arthur Linhares, wherein the Committee rescinds the Prohibited Dog designation, be ratified and confirmed." 3. Encroachment Aareements - Sidewalk Patios 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 Mostly Organic Juice Bar Cafe, located at 119 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 further, 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 Stages, located at 312 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." COUNCIL MINUTES MAY 6, 2002 - 204 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Tenders Dealt with under Delegations. 5. Waiver of Reauirement for Expressions of Interest - Fire Department Computer- Aided Dispatch and Records Manaaement Svstem Council was in receipt of Development & Technical Services Department report DTS- 02-095 (N.E. Kuntz/K. Wellsman), dated April 19, 2002, recommending waiving of the purchasing requirements and authorizing purchase from CriSys Ltd. Consideration of this matter was deferred and referred by the Finance and Corporate Services Committee to the meeting this date pending further review by staff. It was resolved: "That Council authorize staff to procure the goods and services of CriSys Ltd. for the purposes of providing a Computer Aided Dispatch (CAD) system and a Records Management System (RMS) for the Kitchener Fire Department and hereby waives the requirement under Chapter 170 of the City of Kitchener Municipal Code to call for expressions of interest; and, That Legal, Information Technology, Purchasing and the Fire Department collaborate in the drafting of an agreement to purchase, with the Mayor and Clerk authorized to execute any required documentation; and further, That the agreement to purchase be within the upset limit of $750,000., requested by Fire Chief N.E. Kuntz, for the 2002 Capital Budget approved by Council." 6. Committee of Adiustment Decisions - Various Council was in receipt of minutes and other background information from J. Billett, Secretary-Treasurer, Committee of Adjustment. It was resolved: "That the application of Phil & Cathy Clayton requesting permission to construct a wrought iron fence 0 m from the lot line adjacent to Darlington Place commencing from the rear lot line and continuing along the side yard a distance of 11.71 m (38.44 ft.), having a maximum height of 1.62 m (5.31 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 76, Registered Plan 1608, 54 Edenbridge Drive, Kitchener, Ontario, BE APPROVED." - and - "That the application of David Gascho requesting permission to replace an existing legal non-conforming billboard sign with a new billboard in the same location and with the same dimensions having a rearyard setback from Charles Street of 1.37 m (4.5 ft.), rather than the required 7.5 m (24.6 ft.); a separation distance from a residential zone of 34 m (111.54 ft.), rather than the required 150 m (492.12 ft.); and a separation distance from another billboard sign located at 387-397 King Street East of 166 m (544.61 ft.), rather than the required 300 m (984.25 ft.), on Lot 23 and Part Lot 24, Registered Plan 365, 481 King Street East & 24 Cameron Street South, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1 . That the variances as approved in this application shall be generally in accordance with the drawings submitted with Sign Variance Application, Submission No. SG 2002-006." COUNCIL MINUTES MAY 6, 2002 - 205 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 7. Temporarv Vehicle Loan Aareement - Fanshawe Colleae Council was in receipt of Financial Services Department report FIN-02-023 (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. It was resolved: "That the City of Kitchener endorse the Fleet Division's recommendation to place a municipal truck at Fanshawe College to be used as a training aid in support of transportation technology skills development; and further, That the Mayor and City Clerk be authorized to execute the Temporary Loan Agreement with Fanshawe College." 8. Cooperative Aareement - Kitchener Seniors Tennis Council was in receipt of Community Services Department report CSD-02-104 (F. Pizzuto/W. Hughes), dated May 1, 2002, requesting an amendment to a recommendation approved at the Council meeting of April 22, 2002. It was resolved: "That Council amend its resolution of April 22, 2002, (Community Services Department report CSD-02-084) in regard to the Cooperative Agreement between Kitchener Seniors Tennis and the City of Kitchener, Victoria School Centre, to read as follows: That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a Cooperative Agreement with Kitchener Seniors Tennis for use of the Highland Tennis Courts, as approved and attached to Community Services Department report CSD-02-084." 9. Amendment - Job Creation Partnership Aareement - Human Resources Development Canada It was resolved: "That the Mayor and Clerk be authorized to sign an amendment to the previously approved Job Creation Partnership Agreement dated December 27, 2001, involving a re-allocation of the participant positions with respect to the 2002 Ontario Summer Games." 10. Appointments - Federation of Canadian Municipalities / Association of Municipalities of Ontario Council was informed that both Councillor B. Vrbanovic and Councillor M. Galloway were seeking re-election to the Boards of Directors of the Federation of Canadian Municipalities and the Association of Municipalities of Ontario respectively and were requesting Council's endorsement of these appointments. It was resolved: "That Kitchener City Council endorses the appointment of Councillor B. Vrbanovic to the Board of Directors of the Federation of Canadian Municipalities, and upon election, agrees to pay any costs associated with attendance at Board meetings." - and - COUNCIL MINUTES MAY 6, 2002 - 206 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Appointments - Federation of Canadian Municipalities / Association of Municipalities of Ontario - (Cont'd) "That Kitchener City Council endorses the appointment of Councillor M. Galloway to the Board of Directors of the Association of Municipalities of Ontario, and upon election, agrees to pay any costs associated with attendance at Board meetings." 11. Consent to Application for First Reaistration in Land Titles Svstem - 24-26 Mansion Street Council was in receipt this date of Corporate Services Department report CRPS-02-107 (J. Shivas), dated May 6, 2002, requesting execution of a Consent and Waiver of Notice to expedite an Application for First Registration in Land Titles by Johnson Developments Inc. It was resolved: "That the Mayor and Clerk be authorized to execute a Consent and Waiver of Notice to expedite an Application for First Registration in Land Titles by Johnson Developments Inc. registered as Instrument No. 1489676, respecting lands described as Lots 12 an 13, John R. Eden's Survey, Registered Plan 436, designated as Parts 1 and 2 on a draft reference plan attached to the application, being 24 - 26 Mansion Street, Kitchener." 12. Downtown Centre Block Proiect Call- Terms of Reference Council was in receipt this date of Strategic Services Department report SSD-02-010 (C. Ladd/G. Borovilos), dated May 6, 2002, requesting approval of Terms of Reference for the Downtown Centre Block Project Call and waiving of the requirement for the standard Request for Proposals. It was resolved: "That City Council approve the Terms of Reference for the 'Downtown Centre Block Project Call - Terms of Reference'; and, That City Council waive the requirement for the standard Request for Proposals and proceed under the 'Pre-Qualification Procedure' for retaining consulting services."