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HomeMy WebLinkAboutCouncil Minutes - 2002-08-26 COUNCIL MINUTES AUGUST 26, 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 "O Canada" by Jenny Smith and Lindsey Hunt, K-W Youth Philharmonic Choir. On motion by Councillor J. Smola, the minutes of the regular meeting held July 2, 2002, and special meetings held July 2 & 4 and August 12, 2002, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.8.9 (Council Procedure) of the Municipal Code, Councillor B. Vrbano¥ic disclosed pecuniary interests at the in-camera meetings of City Council held August 12 and 26, 2002, in respect to a matter involving labour relations. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (a) Letter dated August 21, 2002, from G. Sosnoski, General Manager of Corporate Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. COMMUNICATIONS REFERRED TO DIRECTLY TO FILE - (a) Letters dated July 9, 2002, from K. Redman, MP - Kitchener-Centre, acknowledging receipt of Council's resolutions regarding community use of school facilities and regarding support for the ratification of the Kyoto Protocol. (b) Letter dated July 12, 2002, from B. Andreatta, Deputy Clerk, City of Windsor, acknowledging receipt of Council's resolution regarding community use of school facilities. (c) Letter dated July 18, 2002, from the Hon. D. Anderson, Minister of the Environment, acknowledging receipt of Council's resolution regarding support for the ratification of the Kyoto Protocol. (d) Letter dated July 25, 2002, from S. Poirier, Executive Correspondence Officer, Office of the Prime Minister, acknowledging receipt of Council's resolution regarding support for the ratification of the Kyoto Protocol. (e) Letter dated July 25, 2002, from G. Hallman, City Clerk, City of London, acknowledging receipt of Council's resolution regarding community use of school facilities. (f) Letter dated July 30, 2002, from Hon. E. Eves, Premier of Ontario, acknowledging receipt of Council's resolution regarding support for the ratification of the Kyoto Protocol. (g) Letter dated August 2, 2002, from S. Harper, Leader of the Opposition, acknowledging receipt of Council's resolution regarding support for the ratification of the Kyoto Protocol. (h) Letter dated August 8, 2002, from T. Arnott, MPP, Waterloo-Wellington, acknowledging receipt of Council's resolution regarding community use of school facilities. (i) Letter dated August 15, 2002 from E. Witmer, MPP, Deputy Premier, Minister of Education, acknowledging receipt of Council's resolution regarding the after-hours use of school board facilities by community activity groups. Gordon, Manager of Purchasing, was in attendance with respect to the tenders listed on the Mr. L. Committee of the Whole agenda. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Proposal P02-005, Supply and Maintenance of Analog and/or Digital Photocopy Equipment (Co-operative), be awarded to Toshiba of Canada Ltd., Markham, Ontario at their proposed price of $483,844.22, plus G.S.T. & P.S.T., based on a three year contract, with options to renew for a further two (2) - one year terms." - and - COUNCIL MINUTES AUGUST 26, 2002 - 321 - CITY OF KITCHENER "That Proposal P02-027, Exclusive Supplier Agreements for the Kitchener Memorial Auditorium Complex, Rockway and Doon Valley Golf Courses and Community Arenas, be awarded to Kitchener Beverages Limited, Kitchener/Quaker Tropicana Gatorade, Kitchener at their proposed fee of $40,000. per year for a five year term, Schneider Foods, Kitchener at their proposed fee of $3,000. per year for a two year term and Molson Canada, Etobicoke at their proposed fee of $65,000. per year for a three year term. - and - "That Expression of Interest E02-052, Consultant Services - McLennan Park Master Plan Study, be awarded to the consulting team of Green Scheels Pidgeon Planning Consultants Limited, Kitchener, Conestoga-Rovers & Associates, Waterloo and David A. Clark Consulting Inc., Lakefield, Ontario at their estimated fee of $51,018., including disbursements and G.S.T." Carried. Mr. Trevor Wilkinson was in attendance in support of the Committee of Adjustment decision for Submission No. FN 2002-010 regarding his property at 3 Shadyridge Place which was listed under Item B.10 of the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the application of Trevor and Cathy Wilkinson, FN 2002-010, requesting permission to legalize an existing wooden fence setback 0.3 m (1 ft.) from the lot line adjacent to Westforest Trail, from the rear lot line and continuing along the sideyard a distance of 19.25 m (63.16 ft.), having a maximum height of 2.13 m (7 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 65, Registered Plan 1689, 3 Shadyridge Place, Kitchener, Ontario, BE APPROVED." Carried. Council was in receipt this date of Community Services Department report CSD-02-183 (Video Score Clock Purchase and Loan), dated August 26, 2002, recommending the City enter into an agreement with the Kitchener Rangers for the purchase and installation of a video score clock for the Kitchener Memorial Auditorium Complex. In addition, the report recommends an interest-bearing loan of $800,000. to the Kitchener Rangers to assist with the purchase. Mr. Steve Bienkowski of the Kitchener Rangers was in attendance in support of the staff recommendation, and provided background information in this regard. He explained that the City's financial contribution to the score clock would not exceed the amount previously approved by Council for this purpose. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the Mayor and Clerk be authorized to execute an agreement with the Kitchener Rangers, in a form satisfactory to the City Solicitor, regarding the purchase of a video score clock to be installed at the Kitchener Memorial Auditorium Complex, and a loan to the Kitchener Rangers, as set out in Community Services Department report CSD-02-183; and further, That no funds be forwarded to the Kitchener Rangers until the agreement has been signed by both parties." Carried Unanimously. It was noted that Ms. Deborah Kugler was registered as a delegation in support of the Committee of Adjustment decision for Submission No. FN 2002-014 regarding her property at 119 Westforest Trail which was listed under Item B.10 of the Committee of the Whole agenda, but was not in attendance. Mr. Jim Beingessner addressed Council on behalf of the Board of Directors of Canada's Technology Triangle (CTT) in connection with Item B.15 on the Committee of the Whole agenda. He noted that in January of this year, Council had requested regular communications from the CTT. In this regard, Council has been provided with an information package, and Mr. Beingessner reviewed highlights from this package. COUNCIL MINUTES AUGUST 26, 2002 - 322 - CITY OF KITCHENER With respect to some of the recent challenges faced by the CTT, Mr. Beingessner advised that they had reworked their 2002 budget and to date, have managed to work within that revised budget. He also advised that their staffing issues will soon be completely resolved. Mr. Beingessner then advised that the Cities of Cambridge and Waterloo have offered continued support for CTT, and the CTT Board has accepted the funding proposal which is before Council this date. Councillor C. Weylie requested information be provided as to how many of the CTT's active project files are in the City of Kitchener. She also questioned the level of private funding and was advised that the level has been Iow due to the economic climate and concerns about CTT's stability. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That the City of Kitchener and the funding municipalities commit to three year rolling funding; and, That Canada's Technology Triangle (CTT) request funding for 2003 as follows: City of Cambridge $134,000 City of Kitchener $134,000 City of Waterloo $134,000 Region of Waterloo $400,000 Total $$02,000; and, That the CEO and the Board of Directors of CTT commit to improved advocacy on behalf of CTT with all of its partners and funders in the Region of Waterloo; and further, That the Board of Directors be restructured in such a way that the positions on the Board allocated to each of the cities and the Region be filled by the CAO's of the three funding cities and the Region of Waterloo according to the option available under the by-laws of the Corporation." Carried Unanimously. Ms. Cindy Squires, Executive Director, Achievement in Motion (AIM), 310 Charles Street East, was in attendance to advise Council of provincial funding cuts to this organization effective September 20, 2002, and that the funding will now be provided to the Canadian Mental Health Association - Waterloo Region. Ms. Squires provided members of Council, this date, with an information package containing various correspondence including a letter from AIM to City Council, dated August 26, 2002, requesting that the City of Kitchener do the following: a) provide a letter of support for Achievement in Motion; b) send a letter to the Ministry of Health and Long Term Care to provide AIM with answers to those unaddressed questions contained in correspondence from their solicitor, and requesting they remove the funding deadline of September 20, 2002; and, c) that Council request an independent organizational review of AIM. Several members of Council recommended Ms. Squires work directly with area MPPs on this matter, as it is a Provincial responsibility. Ms. Nancy Stark, a member of AIM, also addressed Council asking for their support and stating what a loss it would be to the community if AIM could no longer function. Moved by Councillor M. Galloway Seconded by Councillor J. Ziegler "That a letter be sent to the Minister of Health and Long Term Care in support of the valuable services currently provided to the community by Achievement in Motion; and further, That area MPPs be encouraged to also recognize the value of these services." Carried. COUNCIL MINUTES AUGUST 26, 2002 - 323 - CITY OF KITCHENER Mr. Richard Wolf was in attendance to oppose Clause 13 of the Finance and Corporate Services Committee report with respect to his claim against the City for an incident involving his vehicle which took place on Park Street on June 11,2002. Council was in receipt this date of a written submission from Mr. Wolf which he reviewed. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Clause 13 of the Finance and Corporate Services Committee report be adopted." Carried. Mr. Bob Starr was in attendance in support of Clause 8 of the Development & Technical Services Committee report with respect to all-way stop controls at Bruce Street and Fife Avenue. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Clause 8 of the Development & Technical Services Committee report be adopted." Carried. Mr. F. Pizzuto was directed to have these all-way stop controls installed as soon as possible given that the school year is about to start. Mr. Carl Lenny was in attendance to advise of his concerns with respect to the Downtown, which included: garbage on the streets; swearing; soliciting; and, a lack of police action in addressing these problems. Mayor C. Zehr assured Mr. Lenny that City staff are working towards a solution to this ongoing issue. Mr. Marty Schreiter, Kitchener Downtown Business Association addressed Council with respect to a Liquor Licence Application for Caper's Sports Bar, 1 Queen Street North, listed as Item B.13 on the Committee of the Whole agenda. In this regard, Council was in receipt this date of Development & Technical Services Department report DTS-02-180, dated August 16, 2002, submitted by the Liquor Licence Application Review Committee, in which they request Council's direction as to how to respond to the Alcohol and Gaming Commission on this Liquor Licence Application. Mr. Schreiter commented on the changing nature of this City block and the adjacent block where the Children's' Museum is being constructed. With respect to the Liquor Licence Application, he advised that the operator has no previous experience with this type of business and is aiming at a market which is already saturated. Mr. Schreiter concluded by asking Council to object to the application on the basis that it does not serve the community's interest. Upon questioning, Ms. C. Heal advised there have been behaviour and loitering problems associated with the applicant's previous business; however, there is no formal information about criminal activity there. Ms. Heal advised that Council's current criteria for commenting on Liquor Licence Applications does not include community or social issues. She advised Council has three options when commenting on a Liquor Licence Application: to support the application; to object to the application, in which case a hearing would be held; or to not object to the application and negotiate conditions. She stated the Committee does not believe community/social issues can be addressed through conditions. Councillor Weylie suggested Council object to this Liquor Licence Application on the basis that there are enough bars of this type in Downtown Kitchener. Councillor B. Vrbanovic offered support for this position but had concerns that the opportunity to ask for conditions will have passed if the Liquor Licence is approved. Councillor B. Vrbanovic put forward a motion, seconded by Councillor J. Ziegler, to go into an in- camera session to receive legal advice on this matter, which was voted on and Lost. Councillor G. Lorentz stated this bar is not desirable for the Downtown and Council should object to the application. He also asked staff to be more forthright in their position on Liquor Licence Applications when reporting to Council. Mr. J. Shivas advised that if Council objects to the COUNCIL MINUTES AUGUST 26, 2002 - 324 - CITY OF KITCHENER application, the Alcohol and Gaming Commission will hold a hearing and there will be an opportunity to negotiate conditions, if necessary, at the hearing. Moved by Councillor C. Weylie Seconded by Councillor J. Smola "That the Alcohol and Gaming Commission of Ontario be advised that the Council of the Corporation of the City of Kitchener objects to the issuance of a Liquor Licence to Dominic Tortola for Caper's Sports Bar, 1 Queen Street North, Kitchener, on the basis that there is an over abundance of this type of establishment in Downtown Kitchener." Councillor J. Ziegler indicated concern with the over-regulation of businesses in this area. He offered the opinion that Council has no grounds to oppose the application. He noted that even though there are enough of these types of businesses in the Downtown this should be left to the marketplace to regulate, and suggested Council request that conditions be placed on the licence to address concerns rather than request that the Commission deny the applicant a liquor licence. Mayor C. Zehr pointed out that Council is not the agency which grants this application, but a commenting agency and the Alcohol and Gaming Commission can accept or reject Council's comments. A recorded vote was requested on Councillor Weylie's motion. In Favour: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, B. Vrbanovic, G. Lorentz and J. Smola. Contra: Councillor J. Ziegler Motion Carried. Mr. Robert Eby appeared with respect to Clause 9 of the Development & Technical Services Committee report, dealing with a Zone Change Application for 539 Bridgeport Road, and specifically staff's recommendation that the existing garage be demolished to allow for the redevelopment of a rear parking area. In this regard, Council was in receipt this date of internal correspondence from C. Bluhm, dated August 26, 2002. Mr. Eby asked Council for another deferral of this matter, to the September 9, 2002 Development & Technical Services Committee meeting, to allow further opportunity for the applicant to work with staff in this regard. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That Clause 9 of the Development & Technical Services Committee report be deferred and referred to the September 9, 2002 Development & Technical Services Committee meeting." Carried. Mr. Roman Szydlowski was in attendance with respect to Clauses 10 and 16 of the Development & Technical Services Committee report regarding student housing in Lower Doon and Group Home registration, respectively. He conveyed his support for Clause 10 and requested clarification of what constitutes a group home. Councillor J. Ziegler clarified that the reference is to institutional group homes which are permitted anywhere in the City with proper zoning and a 400 metre separation distance. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That Clauses 10 & 16 of the Development & Technical Services Committee report be adopted." Carried. AUGUST 26, 2002 COUNCIL MINUTES - 325 - CITY OF KITCHENER Mr. Chris McNabb, Spadina Apartments Inc., was in attendance with respect to Clause 12 of the Development & Technical Services Committee report, and specifically his request for deferral of payment of the City's development charges for an affordable seniors housing project at 19-55 Spadina Road East. Council was in receipt of a legal opinion from A. Menon, Associate City Solicitor, with respect to the request. Councillor J. Ziegler spoke in support of a 6-month deferral of development charges for affordable housing projects, noting that development charge relief is available for construction in Downtown Kitchener. He stated his support is based on a desire to have affordable housing projects distributed around the City rather than concentrated in the Downtown. He suggested a policy be established which would allow for a 6-month, interest-free deferral of development charges for affordable housing projects. He also noted social housing is a Regional responsibility and there ought to be a Region- wide policy in this regard. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That Clause 12 of the Development & Technical Services Committee report be amended and adopted as follows: 'That the request of Chris McNabb for deferral of the City's development charges relative to the Spadina Apartments Inc. seniors' residence at 19-55 Spadina Road East be approved subject to the following: a) b) deferral of development charges be for a maximum of 6 months; and, appropriate security shall be provided to the satisfaction of the City Solicitor.'" Carried. Mr. J. Shivas was recognized by Mayor C. Zehr and Mr. J. Fielding for 31% years of service to the City of Kitchener, this being the last Council meeting prior to his retirement. On behalf of Council and the administration, Mayor Zehr thanked Mr. Shivas for his dedicated service to the City and wished him well in his retirement. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development & Technical Services Committee be adopted." Moved by Councillor G. Lorentz Seconded by Councillor J. Smola Voted on Clause by Clause. Clauses 8 & 16 - Dealt with under Delegations and Carried. Clauses 9 & 12 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. "That the report of the Community Services Committee be adopted." Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Carried. COUNCIL MINUTES AUGUST 26, 2002 - 326 - CITY OF KITCHENER Councillor G. Lorentz asked Council to support Clause 18 of the report, suggesting if Council received annual inflationary increases, they would not find themselves in the same position of requiring periodic major adjustments in remuneration, as was the case in 2001. He also suggested an Ad Hoc Committee to review Council remuneration would not be required if inflationary increases were approved annually, as is done for staff as the recommended base amount is adequate. This position was supported by Councillor J. Ziegler, noting that Regional Council has been giving itself annual inflationary increases. Councillor B. Vrbanovic advised that although he agrees with Councillors Lorentz and Ziegler, he would support Clause 17 of the Finance and Corporate Services Committee report establishing an ad hoc committee and not Clause 18, as Clause 17 was the commitment Council made to the public. Councillor M. Galloway supported the forming of an ad hoc committee to review compensation, noting that this group could recommend annual inflationary increases if this is appropriate. Mayor C. Zehr agreed that Council members ought to receive annual inflationary increases; however, it should have been considered in 2001 when Council honourariums were last dealt with. He stated this is not an appropriate time to vote an inflationary increase and Council should approve the Ad Hoc Committee process recommended in Clause 17. A recorded vote was requested on Clauses 18 and 17 of the report. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Clause 18 of the Finance and Corporate Services Committee report be adopted." In Favour: Councillors J. Ziegler, C. Weylie, G. Lorentz Contra: Mayor C. Zehr and Councillors M. Galloway, B. Vrbanovic and J. Smola Motion Lost. Moved by Councillor B. Vrbanovic Seconded by Councillor C. Weylie "That Clause 17 of the Finance and Corporate Services Committee report be adopted." In Favour: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, B. Vrbanovic, J. Smola and G. Lorentz. Contra: Councillor G. Lorentz Motion Carried. Councillor B. Vrbanovic requested that Clause 7 of the Finance and Corporate Services Committee report be voted on separately as he has a pecuniary interest with this matter. The balance of the report was then voted on Clause by Clause. Clause 7 - Carried. Clause 13 - Dealt with under Delegations and Carried. Balance of report - Carried. Recorded Pecuniary Interest and Abstention: Clause 7 - Councillor B. Vrbanovic as his wife is employed by the City of Kitchener. COUNCIL MINUTES AUGUST 26, 2002 - 327 - CITY OF KITCHENER = Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Carried. Councillor G. Lorentz commented on Heritage Kitchener's handling of a Heritage Permit Application for 17 Lorne Crescent, noting consideration of the Application was deferred by Heritage Kitchener pending receipt of a scaled drawing of the porch to be constructed on this house. He suggested this to be an onerous requirement given the application is only for a porch, noting residents of the St. Mary's Heritage Conservation District are not yet used to this process. Councillor C. Weylie advised of calls recently received by her with respect to licensing cats, and staff were directed to provide Councillor Weylie with the last report submitted on this subject. Councillor Weylie also advised of phone calls received regarding tree removal at Westmount Golf Club, noting this situation comes under the Region's Tree By-law. Mayor C. Zehr advised that although trees are being removed, 300 trees are to be replaced on the property; and saplings are being made available to members of the Club and the public. Councillor M. Galloway referred to correspondence dated July 26, 2002, from the City of Ottawa, outlining their concerns and containing a resolution with respect to the Ontario Municipal Board (OMB). He advised the Association of Municipalities of Ontario (AMC)) is looking to their members for support of this resolution. With respect to Clause 1 of the City of Ottawa resolution recommending consideration to the establishment of a Local Appeal Board; several members of Council suggested such a Board may not be neutral or arms length from the issue under appeal. Council did generally agree with Clause 2 of the resolution which requested that the OMB change its procedures and not deal with appeals before the City had had an opportunity to satisfactorily complete its development approval process. Councillor Galloway advised that AMC) wishes to make submissions to the Province in this regard by late October. It was generally agreed this matter be referred to J. Shivas or L. MacDonald for the wording on an appropriate motion. Council agreed to a request from Mr. G. Sosnoski, General Manager of Corporate Services & City Clerk, to add one by-law for first and second reading with respect to Clause 7 of the Development & Technical Services Committee report, and five by-laws for three readings this date, relating to Clauses 10, 13, 14 and 16 of the Development & Technical Services Committee report, a by-law to amend Municipal Code Chapter 101 and a by-law to delegate authority under the Planning and Condominium Acts. = Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "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) To further amend By-law 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 - Part of Blocks 58, 62 and 64, Registered Plan 58M-90 - Candle Crescent. (d) Being a by-law to adopt Amendment No. 14 to the Municipal Plan - John and Mary Albrecht - 595 and 599 Park Street. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - John and Mary Albrecht - Park Street. COUNCIL MINUTES AUGUST 26, 2002 - 328 - CITY OF KITCHENER (f) Being a by-law to provide for the establishing and laying out of Hanover Street as a public highway in the City of Kitchener. (g) Being a by-law to provide for the establishing and laying out of part of Block Line Road as a public highway in the City of Kitchener. (h) Being a by-law to repeal and replace Chapter 505 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlour Regulation. (i) Being a by-law to amend Chapter 712 of the City of Kitchener Municipal Code with respect to Cross-Bows - Long-Bows. (j) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 11 inclusive, Registered Plan 58M-238 - Peach Blossom Crescent and Peach Blossom Court. (k) Being a by-law to exempt certain lots from Part Lot Control - Block 10 and part Blocks 3, 4 and 9, Registered Plan 58M-55 - Foxglove Crescent, Wake Robin Crescent and Windflower Drive. (I) Being a by-law to provide for the widening of part of Duke Street as a public highway in the City of Kitchener. (m) Being a by-law to provide for the widening of part of Cedar Street as a public highway in the City of Kitchener. (n) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (o) To confirm all actions and proceedings of the Council. (p) Being a by-law to close & sell part of the public highway known as Glasgow Street in the City of Kitchener. (q) Being a by-law to amend Chapter 430 of the City of Kitchener Municipal Code regarding Group Homes - Registration. (r) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - B. Grewal - Doon Village Road. (s) Being a by-law to adopt Amendment No. 45 to the Municipal Plan - City of Kitchener - City Initiated - Lower Doon. (t) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Lower Doon. (u) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- City-Initiated Reduction of Setbacks from Arterial Roads. (v) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (w) Being a by-law to delegate certain authority under the Planning and Condominium Acts. 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. AUGUST 26, 2002 6. COUNCIL MINUTES - 329 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "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." Moved by Councillor B. Vrbanovic Seconded by Councillor M. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) d) Being a by-law to amend Chapter 101 respecting the Appointment of Staff. Carried. To further amend By-law 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. 2002-144) Being a by-law to exempt certain lots from Part Lot Control - Part of Blocks 58, 62 and 64, Registered Plan 58M-90 - Candle Crescent. (By-law No. 2002-145) Being a by-law to adopt Amendment No. 14 to the Municipal Plan - John and Mary Albrecht - 595 and 599 Park Street. (By-law No. 2002-146) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - John and Mary Albrecht - Park Street. (By-law No. 2002-147) Being a by-law to provide for the establishing and laying out of Hanover Street as a public highway in the City of Kitchener. (By-law No. 2002-148) Being a by-law to provide for the establishing and laying out of part of Block Line Road as a public highway in the City of Kitchener. (By-law No. 2002-149) Being a by-law to repeal and replace Chapter 505 of the City of Kitchener Municipal Code with respect to Adult Entertainment Parlour Regulation. (By-law No. 2002-150) Being a by-law to amend Chapter 712 of the City of Kitchener Municipal Code with respect to Cross-Bows - Long-Bows. (By-law No. 2002-151) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 11 inclusive, Registered Plan 58M-238 - Peach Blossom Crescent and Peach Blossom Court. (By-law No. 2002-152) of The City of Kitchener Municipal Code (By-law No. 2002-143) AUGUST 26, 2002 (k) (m) (n) (o) (P) (q) (r) (s) (t) (u) (v) COUNCIL MINUTES - $$0 - CITY OF KITCHENER Being a by-law to exempt certain lots from Part Lot Control - Block 10 and part Blocks 3, 4 and 9, Registered Plan 58M-55 - Foxglove Crescent, Wake Robin Crescent and Windflower Drive. (By-law No. 2002-153) Being a by-law to provide for the widening of part of Duke Street as a public highway in the City of Kitchener. (By-law No. 2002-154) Being a by-law to provide for the widening of part of Cedar Street as a public highway in the City of Kitchener. (By-law No. 2002-155) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2002-156) To confirm all actions and proceedings of the Council. (By-law No. 2002-157) Being a by-law to amend Chapter 430 of the City of Kitchener Municipal Code regarding Group Homes - Registration. (By-law No. 2002-158 Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - B. Grewal - Doon Village Road. (By-law No. 2002-159 Being a by-law to adopt Amendment No. 45 to the Municipal Plan - City of Kitchener - City Initiated - Lower Doon. (By-law No. 2002-160 Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Lower Doon. (By-law No. 2002-161 Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- City-Initiated Reduction of Setbacks from Arterial Roads. Being a by-law to amend Chapter 101 respecting the Appointment of Staff. (By-law No. 2002-162 of the City of Kitchener Municipal Code (By-law No. 2002-163 Being a by-law to delegate certain authority under the Planning and Condominium Acts. (By-law No. 2002-164) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. AUGUST 26, 2002 COUNCIL MINUTES - $$1 - On motion, the meeting adjourned at 9:50 p.m. CITY OF KITCHENER MAYOR CLERK COUNCIL MINUTES AUGUST 26, 2002 - 332 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. CITY OF KITCHENER That the Active and Safe Routes to School (A.S.R.T.S) Program be endorsed including the use of the City logo on A.S.R.T.S literature. That an all-way stop control be installed at the intersection of Daimler Drive at Briarmeadow Drive/Briarmeadow Place; and, That the uniform Traffic Bylaw be amended accordingly; and, That staff continue to monitor traffic volumes and speeds on Daimler Drive and Briarmeadow Drive; and further, That the Waterloo Regional Police be requested to enforce the existing 50km/h speed limit on Daimler Drive. That parking be prohibited on the east side of Cameron Street from Weber Street to Troy Street; and, That parking be permitted for three (3) consecutive hours on the west side of Cameron Street between Weber Street and Troy Street; and further, That the Uniform Traffic By-law be amended accordingly. That the speed limit on Old Mill Road between Pinnacle Drive and Doon Valley Drive be reduced to 40 km/h; and further, That the Uniform Traffic By-law be amended accordingly. That the current 'No Parking Anytime, April 1 to July 31' prohibition on the north/south/east (odd-numbered) side of Old Park Lane from Highview Drive to a point 152 metres east thereof be replaced with 'No Parking 4:00 p.m. to 8:00 p.m., April 1 to July 31 '; and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop control be installed at the intersection of Activa Avenue at Bush Clover CrescentNVilderness Drive; and further, That the Uniform Traffic By-law be amended accordingly. That Road Closure Application LA 02/01/G/SV (Sunvest Development Corporation) be approved in principle, and that the Corporate Services Department be instructed to proceed with the preparation of a By-law and necessary advertising in the local newspaper for the closing of a portion of Glasgow Street that runs between West Hill Drive and the previously closed portion of Glasgow Street (west of Resurrection Drive), shown as Part 1 on the attached Reference Plan 58R-13625. The road closure is subject to the following condition: 1) That the purchasers be responsible for all costs related to survey, legal, registration and advertising associated with the closure of the road. That all-way stop controls be installed at the intersections of Bruce Street at Fife Avenue and Cambridge Avenue at Heather Avenue; and, That the Uniform Traffic By-law be amended accordingly; and further, That Transportation Planning continue to monitor vehicle speeds and through traffic concerns within the Rosemount Community. (Dealt with under Delegations and Carried) COUNCIL MINUTES AUGUST 26, 2002 - 333 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) That the following staff recommendation from report DTS-02-159 be deferred and referred to the September 9, 2002 Development & Technical Services Committee meeting for consideration: That Zone Change Application ZC 02/02/B/CB (539 Bridgeport Road - Hoiker Inc.), to change the zoning on the subject lands, legally described as Plan 674 Lot 28, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 320U, be approved, in the form shown in the 'Proposed By-law' dated July 15, 2002 subject to readings of the By-law being withheld until the owner of the property has completed the following conditions: 1) 2) That the garage be demolished so as to allow the for the development of a rear parking area; and, That the owner of the property enter into a site plan agreement with the City, to be approved by the Manager of Design & Development, and that the site be developed in accordance with said plan. (Dealt with under Delegations and Carried, as Amended) 10. That Council adopt the following recommendations as a result of the comprehensive study completed relative to student housing issues in Lower Doon: 1) That Report DTS-02-167 be accepted as the required study pursuant to Section 38 (1) of the Planning Act. 2) That the Enforcement Division continue its efforts to educate residents, landlords and students in the Lower Doon area, with respect to City bylaws, and enforcement procedures. 3) That the residents of Lower Doon create a neighbourhood association consisting of residents, landlords, students and college representatives to provide a basis for regular communication and problem resolution. City staff will participate in meetings on an "as needed" basis upon a request from the neighbourhood association. 4) That the Parking Division undertake the necessary surveys/studies with the neighbourhood in order to determine the most appropriate approach to regulating on street parking in Lower Doon by December 31,2002. 5) That Grand River Transit staff be requested to continue improvements to service for Conestoga College students. 6) That Conestoga College be requested to continue to make students aware of the existing Code of Conduct. 7) That the College be requested to work with City staff to develop a procedure to develop a rating/inspection procedure for units in the College Housing Registry by December 31, 2002. That Council give their general support to development applications, within close proximity to Conestoga College, that may provide additional housing for students outside of the Lower Doon study area. The approval of such applications shall be subject to regular circulation and review and will be recommended for approval only if considered by Planning staff to be appropriate development. 9) That Municipal Plan Amendment Application MP 02/09/TC/DR (Lower Doon - City Initiated) be approved, being an amendment to: a) Amend Part 3, Section 12, by adding Special Policy 38 as follows: COUNCIL MINUTES AUGUST 26, 2002 - 334 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 10. Cont'd 11. 12. 13. CITY OF KITCHENER 38. Notwithstanding the Low Density Residential Designation, on lands in Lower Doon, duplexes shall not be permitted and second dwelling units shall not be permitted in semi-detached houses. b) Amend Map 8 to include Special Policy Area 38, to the Lower Doon lands as shown on Schedule A attached to report DTS-02-167. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. ii) That Zone Change Application ZC 02/24/TC/DR (Lower Doon - City Initiated) requesting a change in zoning from R-3 and R-4 to R-3 and R-4 with Special Use Provision 319U, be approved in the form shown in the "Proposed By-law" dated July 18, 2002. 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 (Lower Doon - City Initiated) to the City's Municipal Plan. (Dealt with under Delegations and Carried) That as a follow-up to Development and Technical Services Department report DTS-02-177 (90 Woodside Avenue - Zoning By-law Interpretation) and the August 12, 2002 presentation of Ms. Heather Thomson, planning staff prepare a report for consideration at a future Development and Technical Services Committee meeting to formalize the following requests outlined by Ms. Thomson: a) to delete the temporary use provision at 90 Woodside Avenue from the zoning by-law at the earliest opportunity. b) to have staff continue a city / residents consultation process, including informal consultations before formal consideration of any issue involving 90 Woodside Avenue. c) to develop a standard process requiring consultation with and questioning of Ministry of the Environment Officials in respect to matters posted on the Ministry's Environmental Registry (EBR). That the request of Chris McNabb for deferral of the City's development charges relative to the Spadina Apartments Inc. seniors' residence at 19-55 Spadina Road East be approved subject to the following: a) deferral of development charges be for a maximum of 6 months; and, b) appropriate security shall be provided to the satisfaction of the City Solicitor. (Dealt with under Delegations and Carried, as Amended) That Zone Change Application ZC 02/15/D/CB (953 Doon Village Road - B. Grewal), to change the zoning on the subject lands legally described as Tract Biehn's Part Lot 2, RP58R- 10869, Part 1, for the City of Kitchener, from Residential Two Duplex Zone (R-2D) to Residential Five Zone (R-5) be approved, in the form shown in the 'Proposed By-law' dated July 8, 2002. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. COUNCIL MINUTES AUGUST 26, 2002 - 335 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 14. That Zone Change Application ZC 02/25/TC/SV (City Initiated) for the purpose of reducing the required 12.0 metre setback for all multiple dwellings containing a minimum of six dwelling units located on an arterial road or any residential building taking primary access from such arterial road, be approved in the form shown in the 'Proposed By-law', dated July 15th, 2002 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. 15. That Demolition Control Application DC 02/07/Z/TMW (Rockway Holdings Limited), requesting approval for the demolition of a single detached dwelling, located at 658 Zeller Drive, on land legally described as Part of Lots 9, 14 and 16, Registered Plan 591, and Part of Lot 117, German Company Tract, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. 16. That the proposed amendment to Chapter 430 (Group Homes - Registration) of the Municipal Code to incorporate a notification procedure as part of the registration process for group homes be approved, in the form shown in the Proposed By-law attached to Development and Technical Services Department report DTS-02-168. (Dealt with under Delegations and Carried) 17. That the matter of introduction of a notification policy for institutional site plan approvals (report DTS-02-172) be referred back to planning staff for discussion with Councillor B. Vrbanovic prior to preparation of a further staff report for consideration by the Development and Technical Services Committee in October 2002. 18. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with Conestoga College of Applied Arts and Technology, regarding fully equipped fire vehicles being rented to Conestoga College for the purpose of conducting the Pre-Service Fire Training Program as set out in Development and Technical Services Department report DTS- 02-175. COMMUNITY SERVICES COMMITTEE- That expenditures of approximately $8,010. be approved to cover the costs for preservation of, and signage for, the City's current permanent Public Art Collection, as outlined in Community Services Department report CSD-02-169. That the "Affiliation Policy for City of Kitchener Neighbourhood Associations" be approved as attached to Community Services Department report CSD-02-157; and further, That the Neighbourhood Associations listed in the attachment to report CSD-02-157 be recognized as affiliated Neighbourhood Associations. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute exclusive supplier agreements for the Kitchener Memorial Auditorium Complex, municipal golf courses and community arenas with Kitchener Beverages Limited and Schneider Foods and a sponsorship agreement with Molson's Canada, as outlined in Community Services Department report CSD-02-164. That subject to approval of the Alcohol and Gaming Commission of Ontario, serving of alcohol be expanded at the Kitchener Memorial Auditorium Complex to seating and concourse areas for concerts and to the concourse areas for Kitchener Ranger games, as outlined in Community Services Department report CSD-02-167. COUNCIL MINUTES AUGUST 26, 2002 - 336 - REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE- (CONT'D) 5. CITY OF KITCHENER That the Community Services Department discontinue grant approvals under the 2002 General Provision Grant Budget and for the remainder of 2002 advise all agencies requesting a grant that they may appear before City Council to appeal for funding; and, That as part of the 2003 grant review process, staff consider alternative methods of allocating grant monies; including dividing total grant monies in 4 equal installments to ensure monies are available in each ¼ year, as well as the appropriateness of disbursing grant monies from the General Provision Grant Budget to organizations such as the Theatre & Co and the Homer Watson House Foundation; and further, That staff prepare a report for consideration at a future meeting of the Community Services Committee. That the Winter Works Program process, as attached to Strategic Services Department report SSD-02-019, be endorsed. That staff be directed to begin the Request for Proposal process to engage a consultant to undertake a study of various management options for the new Kitchener Market and to make recommendation of a preferred option for Council's consideration. That National Hockey League style end zone safety netting be installed for hockey games at the Kitchener Memorial Auditorium Complex to an upset limit of $45,000. and that the cost of installation be allocated as a first charge against the 2003 Capital Budget. FINANCE AND CORPORATE SERVICES COMMI'I-DEE - 1. That the City of Kitchener accept the Offer to Renew a lease of vacant City land having an area of approximately 420 square metres, legally described as Part of Lot 95, Plan 786 and Part of Lot 16, Plan 1004; to be used in conjunction with the adjacent commercial property at 470 Highland Road West, for a 10 year term, at an annual rent of $2,000.; and further, That the Mayor & Clerk be authorized to execute all documentation required by the City Solicitor. 2. That a by-law be considered at the August 26, 2002, Council meeting to repeal and replace Schedule 'A' to Municipal Code Chapter 712 (Cross-Bows - Long-Bows) with a new Schedule 'A' in the form as attached to Corporate Services Department report CRPS-02-195. 3. That the organizing committee of the 'Word on the Street Outdoor Fair' be granted: a) permission to hold a Temporary Retail Market in Victoria Park on September 29, 2002, provided the necessary licence, including Fire and Health approvals, is obtained; and, b) an exemption from Municipal Code Chapter 450 (Noise) for this event. 4. That Pastor K.J. Weinberger, The Dwelling Place, be granted permission to operate a Community Carnival on September 14, 2002, at Victoria Hills Community Centre and Gzowski Park subject to the following: a) the necessary Special Event Licence, including Fire and Health approvals, is obtained; and, b) provide the City with proof of insurance naming the City as an additional insured; and, c) provide the City with certificates of inspection for the rides prior to the Special Event Licence being issued. 5. That $3,127,862. be added to the Capital Forecast, in 2007, for construction of Fire Station #7. COUNCIL MINUTES AUGUST 26, 2002 - 337 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITFEE - (CONT'D) That the transportation component of the natural gas rates be increased to 4.334 cents per cubic metre, from 4.267 cents, effective September 1,2002. That the City continue providing Long Term Disability (LTD) recipients who have a minimum of 10 years service with the City of Kitchener, with Extended Health Care and Dental coverage from the time they start receiving LTD until they reach the age of 65, at no cost to the recipient. That the City purchase an upgrade to the basic 'Automatic Call Distribution' (ACD) software and an 'Integrated Voice Response' (IVR) system from Bell Gateways at a cost of $185,146. plus applicable taxes, to be paid from the Telephone Reserve Fund. That consideration of Corporate Services Department report CRPS - 02 - 185 (Appointment to Kitchener Power Corporation Board of Directors for 2003) be deferred and referred to the September 9, 2002 Finance and Corporate Services Committee meeting, to allow staff an opportunity to investigate and report on how other municipalities have structured their Power Corporation Boards of Directors. 10. That the following former Hydro-Electric Commission of Kitchener-Wilmot properties be declared surplus to the City's needs: a) Substation No. 3, at 406 Courtland Avenue East, legally described as Part Lot 18, Plan 404; b) Substation No. 17, at 520 Franklin Street North consisting of approximately 6,924 square metres, legally described as Lot 1, Plan 1152, save and except Part 5, Reference Plan 58R-3942, and subject to a combined easement in favour of the Bell Telephone Company of Canada and the Public Utilities Commission of the City of Kitchener; and, c) Vacant land on Patrick Street legally described as Lots 29, 30 and 31, Plan 244; and, That Legal Services be directed to secure reasonable offers to purchase for presentation to Council; and further, That a clause be inserted into the Agreements of Purchase and Sale and deeds for 520 Franklin Street North and 406 Courtland Avenue East requiring the purchaser to have redevelopment plans submitted and permits applied for within 12 months of the date of purchase, with redevelopment to be completed within 24 months of date of purchase; if these dates are not met the land will revert to the City at 80% of the original selling price. 11. That the appeal of Sari Rezaly, Markham Concession, of the decision of the Manager of Licensing not to issue him a licence pursuant to Municipal Code Chapter 586 (Refreshment Vehicles) to operate a Hot Dog Cart outside the main dining room at Conestoga College, 299 Doon Valley Drive, be granted, subject to the following: a) the appellant shall provide the Manager of Licensing with a letter from the Manager of Food Services, Conestoga College, giving him permission to operate a Hot Dog Cart on the Campus, prior to receiving a licence from the City; and, b) the appellant shall apply for and receive a licence, including Fire and Health approvals, from the Manager of Licensing prior to operating the Hot Dog Cart. 12. That staff report at the Finance and Corporate Services Committee meeting of September 9, 2002 on appropriate amendments to the definition of "Driveway Visibility Triangle" in Municipal Code Chapter 842 (Hedges, Other Objects and Traffic Hazards); and, That staff investigate the possibility of exemptions to the driveway visibility triangle requirements in certain areas of the City; and further, COUNCIL MINUTES AUGUST 26, 2002 - 338 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMI'I-DEE - (CONT'D) 12. (Cont'd) 13. 14. 15. 16. 17. 18. CITY OF KITCHENER That staff also present an enforcement policy relative to hedges and fences, whereby staff would investigate properties in the vicinity of a complaint property, and the complainant be so advised. That the request of Richard Wolf, 75 John Street East, Waterloo, for compensation from the City of Kitchener in connection with City of Kitchener Claim File #02-0665, be denied. (Dealt with under Delegations and Carried) That a by-law be considered at the August 26, 2002 Council meeting to licence Adult Entertainment Parlours and Attendants in the form dated 'Draft July 26, 2002', as attached to Corporate Services Department report CRPS-02-190. That the appeal of Effat M, Alraian International Inc., of the decision of the Manager of Licensing not to issue him a licence to operate a Food Trailer on the vacant lot at the corner of Victoria and Weber Streets, pursuant to Municipal Code Chapter 586 (Refreshment Vehicles) be denied. That the appeal of Steve Krofchick of the decision of the Manger of Licensing not to issue him a licence to operate a Hot Dog Cart outside The Beer Store, 2644 King Street East, be granted. That an Ad Hoc Citizens Advisory Committee to review Council remuneration be established in accordance with Option #1, outlined in Corporate Services Department report CRPS - 02 - 184 (Review of Council Remuneration), with the following amendments: a) criteria for appointment to the Ad Hoc Citizen Advisory Committee be the same as the criteria for candidates in Municipal Elections; b) the Ad Hoc Citizen Advisory Committee shall hold at least one general public meeting to solicit comments from the public on Council remuneration; and, c) the Ad Hoc Citizen Advisory Committee's mandate include consideration of an annual inflationary increase in the salary for Mayor and Councillors. That effective August 2, 2002, all members of Council receive a 2.5% inflationary salary increase. (Motion Lost) HERITAGE KITCHENER- 1. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owner (HPA #2002-V-20) to demolish the barn located on the property municipally known as 1021 noon Village Road located in the Upper noon Heritage Conservation District, be approved, subject to the following: a) the City's Heritage Planner undertake a photographic recording of the barn prior to it being dismantled; b) the foundation of the barn not be demolished; and, c) the owner(s) consider expressions of interest from the parties who may be interested in salvaging the materials from the barn. AUGUST 26, 2002 A= B= COUNCIL MINUTES - 339 - COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: CITY OF KITCHENER "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." ADMINISTRATIVE REPORTS - 1. Licences i) Adult Entertainment Parlour Attendant Council was in receipt this date of Corporate Services Department report CRPS- 02-205 (J. Koppeser), dated August 22, 2002, with respect to an additional Adult Entertainment Parlour Attendant Licence for 2002. It was resolved: "That Nicole Edwards, Zuzana Polak, Julie Good, Shari-Ann Becking, Suzanne Growen, Lory Stack and Jacqueline Woods, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences." ii) Alternative Massage Centre It was resolved: "That the application of Yen Thi Kim Nguyen for an Alternative Massage Centre Licence to operate at 153 Country Hill Drive, Kitchener, be approved." 2. Appointment - Actinq City Solicitor Councillor J. Ziegler put forward a revision to the staff recommendation that Lesley MacDonald be appointed Acting City Solicitor, suggesting the appointment be limited to three months. It was generally agreed the organizational review of Legal Services would be completed within that timeframe. It was resolved: "That Lesley MacDonald be appointed Acting City Solicitor for a three-month period commencing August 31,2002, pending completion of the organizational review of Legal Services." 3. Doq Desiqnation Appeal Committee Decision It was resolved: "That the August 14, 2002 decision of the Dog Designation Appeal Committee regarding an appeal filed by Chad Dougay, wherein the Committee rescinds the Dangerous Dog designation, be ratified and confirmed." 4. Tender Approvals - Chief Administrative Officer It was resolved: "That Council ratify the Chief Administrative Officer's decisions, undertaken according to policy respecting Council's summer meeting schedule, awarding Tenders/Expressions of Interest as follows: COUNCIL MINUTES AUGUST 26, 2002 - 340 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Tender Approvals - Chief Administrative Officer - (Cont'd) i) T02-014 - Pandora Avenue, Maynard Avenue & Young Reconstruction Awarded to: Terracon Underground Ltd., Brantford ON Reduced tender price: $768,265.01 including contingencies and G.S.T. Street ii) T02-033 - Victoria Street North Sanitary Sewer Installation Awarded to: 969774 Ontario Limited, St. Thomas ON Tender price: $306,089.59 including contingencies of $30,201.45 and G.S.T. iii) T02-045 - Roy Street Reconstruction (Young to Queen) Awarded to: Steed and Evans Limited, Kitchener ON Tender price: $526,625.75 including provisional items and contingencies of $62,503. and G.S.T. iv) T02-050 - Louisa Street Reconstruction (Weber to Margaret) Awarded to: Sierra Construction (Woodstock) Limited, Woodstock ON Adjusted tender price: $1,000,403.99 including provisional items contingencies of $78,957.50 and G.S.T. and v) T02-062 - Chapel Hill Drive & Evenstone Avenue Watermain Replacement Awarded to: Robert M. Simon Construction Ltd., Waterford ON Tender price: $343,597.73 including provisional items and contingencies of $79,137 and G.S.T. vi) E02-038 - Consultant Services - Chapel Hill Drive & Evenstone Avenue Watermain Replacements Awarded to: Cumming Cockburn Limited, Waterloo ON Estimated fee: $39,429.50 including a contingency of $3,350. and G.S.T. vii) E02-040 - Prequalification of General Contractors - Construction of a New Parking Garage at Charles and Benton Streets, Kitchener List of General Contractors: Bird Construction Company, Etobicoke Buttcon Limited, Concord Dineen Construction Corporation, Toronto Eastern Construction Company Limited, Toronto Ellis Don Corporation, London Kenaidan Contracting Ltd., Mississauga Ledcor Construction Limited, Mississauga E02-044 - Consultant Services - Construction of the Victoria Street North Sanitary Sewage Pumping Station Awarded to: Conestoga-Rovers & Associates, Waterloo ON Estimated fee: $348,450.85 including a contingency of $29,603. and G.S.T. ix) E02-051 - Consultant Services - Huron Business Park Stormwater Management Ponds - Retrofit of Ponds lA, 2 and Bleams Road at Thistledown Drive Awarded to: McCormick Rankin Corporation, Kitchener ON Estimated fee based on a satisfactory contract being negotiated and an upset fee being established: $70,832.93 including a contingency of $5,500. and G.S.T." AUGUST 26, 2002 COUNCIL MINUTES - 341 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 5. CITY OF KITCHENER Municipal License Agreement with Regional Municipality of Waterloo as Agent for Statistics Canada Respecting Use of Digital 2001 Census Data It was resolved: "That the City enter into a Municipal Licence Agreement with the Regional Municipality of Waterloo as agent for Statistics Canada respecting use of digital 2001 Census Data and that the General Manager of Corporate Services and City Clerk be designated the City's Municipal Licence Administrator and authorized to execute the said agreement on behalf of the City." Local Improvement Petition - Sanitary Sewer & Connection Victoria Street North (North Side) It was resolved: "That we grant the petition of Mr. Lawrence Bingeman on behalf of Bingemans Inc. to construct a sanitary sewer and connection as a Local Improvement on Victoria Street North, north side, from 70 metres west of Smetana Drive to 90 metres west of Smetana Drive." Various Tenders Dealt with under Delegations. Sale of Lottery Calendar - Canadian National Institute for the Blind Council was in receipt of Corporate Services Department report CRPS-02-176 (J. Koppeser), dated July 11, 2002, recommending the granting of permission to sell lottery calendars. It was resolved: "That the City of Kitchener has no objection to The Canadian National Institute for the Blind - Ontario Division, 303 York Street, Sudbury, ON P3E 2A5, being granted permission to sell lottery calendars in the City of Kitchener for a series of draws to be held from February 10 - December 31,2003." Sale of Tickets - Canadian Cancer Society Council was in receipt of Corporate Services Department report CRPS-02-198 (J. Koppeser), dated August 9, 2002, indicating no objection to the sale of tickets by the Canadian Cancer Society. It was resolved: "That the City of Kitchener has no objection to the Canadian Cancer Society, 1639 Yonge St, Toronto, ON M4T 2W6, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held December 12, 2002 - January 10, 2003 and taking place at the Offices of KPMG, 200 Consumers Rd, Ste. 500, Toronto Ontario." 10. Committee of Adjustment Decisions - Various Council was in receipt of minutes and other background information from J. Billett, Secretary-Treasurer, Committee of Adjustment, regarding the meetings held on July 23, 2002 and August 20, 2002. COUNCIL MINUTES AUGUST 26, 2002 - 342 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Committee of Adiustment Decisions - Various - (Cont'd) It was resolved: "That the application of Kurt & Diana Sinding, FN 2002-009, requesting permission to legalize an existing wooden fence setback 1.2 m (4 ft.) from the lot line adjacent to Westforest Trail, from the rear lot line and continuing along the sideyard a distance of 20.11 m (66 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 64, Registered Plan 1689, 2 Shadyridge Place, Kitchener, Ontario, BE APPROVED." - and - "That the application of Petr Litvak, FN 2002-011, requesting permission to legalize an existing wooden fence setback 0.91 m (3 ft.) from the lot line adjacent to Greengable Way, from the rear lot line and continuing along the sideyard a distance of 23.68 m (77.69 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 101, Registered Plan 1688, 39 Westforest Trail, Kitchener, Ontario, BE APPROVED." - and - "That the application of Martin Vermeer, FN 2002-012, requesting permission to construct a wooden fence 0 m from the northwesterly lot line adjacent to Cedar Crest Street, from the rear lot line and continuing along the sideyard a distance of 25.6 m (84 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 100, Registered Plan 1463, 61 Cedar Crest Street, Kitchener, Ontario, BE APPROVED, subject to the following condition: That subject to the satisfaction of Traffic & Parking Services, the fence shall be modified to provide a 3.04 m (10 ft.) corner visibility triangle at the northwest corner of the subject property adjacent to the property at 35 Cedar Crest Street." - and - "That the application of Thurai Thiagarajah, FN 2002-013, requesting permission to legalize an existing wooden fence setback 1 m (3.3 ft.) from the lot line adjacent to Westforest Trail, from the rear lot line and continuing along the sideyard a distance of 15.24 m (50 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 82, Registered Plan 1688, 3 Greencroft Court, Kitchener, Ontario, BE APPROVED." - and - "That the application of Deborah Kugler, FN 2002-014, requesting permission to legalize an existing wooden fence setback 0 m from the lot line adjacent to Greengable Way, from the rear lot line and continuing along the sideyard a distance of 19.35 m (63 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 84, Registered Plan 1688, 119 Westforest Trail, Kitchener, Ontario, BE APPROVED." - and - "That the application of Rai & Mirza Nabbi, FN 2002-015, requesting permission to legalize an existing wooden fence setback 3.65 m (12 ft.) from the lot line adjacent to Westforest Trail, from the rear lot line and continuing along the sideyard a distance of 15.54 m (51 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 81, Registered Plan 1688, 2 Greencroft Court, Kitchener, Ontario, BE APPROVED." COUNCIL MINUTES AUGUST 26, 2002 - 343 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Committee of Adiustment Decisions - Various - (Cont'd) - and - "That the application of Max Becker Enterprises Limited, SG 2002-008, requesting permission to install 2 pylon signs (at the northwesterly/ southeasterly corners) each having a solid panel within the required sign clearance and a sign clearance from grade of 1.416 m (4.64 ft.), rather than the required 2.44 m (8 ft.), on Part of Lot 6, Registered Compiled Plan 1470, designated as Part 1 on Reference Plan 58R-11423, 1170 Fischer-Hallman Road, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variances as approved in this application shall be generally in accordance with the plans submitted with Sign Variance Application, Submission No. SG 2002- 008." - and - "That the application of McKnight Holdings Ltd./Gemini Jaguar Ltd., SG 2002-009, requesting permission to install a pylon sign at the northwesterly corner of the subject property setback 0.4 m (1.31 ft.) from the lot line adjacent to Manitou Drive, having skirting within the required sign clearance, on Lot 14, Registered Plan 1525, 26 Manitou Drive, Kitchener, Ontario, BE APPROVED, subject to the following condition: That the variance as approved in this application shall be generally in accordance with the revised sign drawing and site plan dated by facsimile transmission on August 13, 2002." Submission No. FN 2002-010 was dealt with under delegations. 11. Sale of Tickets - Alzheimer Society of Ontario Council was in receipt of Corporate Services Department report CRPS-02-200 (J. Koppeser), dated August 14, 2002, indicating no objection to the sale of tickets by the Alzheimer Society of Ontario. It was resolved: "That the City of Kitchener has no objection to the Alzheimer Society of Ontario, 1200 Bay Street, Suite 202, Toronto ON M5R 2A5, being granted permission to sell tickets in the City of Kitchener for a series of draws to be held December 19, 2002 - January 3, 2003 and taking place at the Offices of KPMG, 200 Consumers Rd., Ste. 500, Ontario." 12. Sale of Tickets - Trillium Health Centre Foundation Council was in receipt of Corporate Services Department report CRPS-02-199 (J. Koppeser), dated August 13, 2002, indicating no objection to the sale of tickets by the Trillium Health Centre Foundation. It was resolved: "That the City of Kitchener has no objection to the Trillium Health Centre Foundation, 100 Queensway St. W., Mississauga, ON L5B 1B8, being granted permission to sell tickets in the City of Kitchener for a draw to be held on October 30, 2002 at the Trillium Health Centre, 100 Queensway St. W., Mississauga." 13. Liquor Licence Application Review - Caper's Sports Bar (1 Queen Street North) Dealt with under Delegations. AUGUST 26, 2002 COUNCIL MINUTES - 344 - COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) CITY OF KITCHENER 14. Surplus Land - Reconvey to the Owners of 453 Glasqow Street, Kitchener Council was in receipt of Corporate Services Department report CRPS-02-202 (J. Shivas), dated August 19, 2002, requesting to declare Part 7 on Reference Plan 55R- 2415 surplus to the City's needs and reconvey to the owners of 453 Glasgow Street, Kitchener. It was resolved: "That Part of Lot 6, Plan 402 described as Part 7 on Reference Plan 58R-2418 be designated as surplus to the City's needs and reconveyed for nominal consideration to the owners of 453 Glasgow Street." 15. Canada's Technoloqy Trianqle (CTT) Fundinq Request Dealt with under Delegations. 16. Tourism Service Fundinq Council was in receipt of Development & Technical Services Department report DTS-02- 173 (G. Borovilos), dated August 12, 2002, recommending an allocation of funds for Tourism Services. Noting the substantial increase of $115,000. for the provision of tourism services, and the fact that the service provider has not been determined, Councillor Ziegler recommended this matter be deferred to 2003 Budget deliberations. He confirmed with staff that basic tourism services have been approved to December 31,2002. Mayor C. Zehr stated a commitment on tourism funding cannot wait until year end, as preparations must be made this Fall for next year's program. Mr. J. Fielding then suggested the matter be deferred to the end of October, by which time the necessary organizational structure will be in place. It was resolved: "That consideration of Development & Technical Services Department report DTS-02- 173 be deferred and referred to the Finance and Corporate Services Committee meeting on or before October 28, 2002, pending formalization of the structure of the organization that will provide tourism services for the City of Kitchener in 2003." 17. Marqaret Avenue Bridqe No. 820 Load Restriction Council was in receipt of Development & Technical Services Department report DTS-02- 186 (H. Gross), dated August 20, 2002, recommending a load restriction on the Margaret Avenue bridge. It was resolved: "That the Margaret Avenue Bridge No. 820 be posted with a 25 tonne maximum load limit; and, That the structure be monitored every six months to check for additional deterioration." 18. Applications for Cancellation, Refund, Reduction or Levy of Taxes - August 26, 2002 Hearing Council was in receipt of correspondence from G. Sosnoski, City Clerk, dated August 21,2002, relative to applications for cancellation, refund, reduction or levy of taxes. COUNCIL MINUTES AUGUST 26, 2002 - 345 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 18. Applications for Cancellation, Refund, Reduction or Levy of Taxes - August 26, 2002 Hearing - (Cont'd) Upon questioning, Ms. P. Houston advised that the remaining properties on Ralgreen Crescent will be handled through the regular reassessment process in the Spring. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 19. Letter of Aqreement - CIBC - Bankinq Services It was resolved: "That the City enter into, and the Mayor and Clerk be authorized to execute, the Letter of Agreement with the Canadian Imperial Bank of Commerce, dated July 30, 2002, regarding banking services." 20. Hearinq - Lodqinq House Licence - 78 Waterloo Street Council considered a recommendation arising from an in-camera meeting held this date with respect to a hearing date in connection with Lodging House Licence M221572 for 78 Waterloo Street. It was resolved: "That further to the resolution adopted by Council at its' special meeting held August 12, 2002 regarding a hearing into the Lodging House Licence for 78 Waterloo Street; that a hearing be held under the authority of the Municipal Act, to determine whether to suspend, revoke or impose conditions with respect to Lodging House Licence No. M221572 for 78 Waterloo Street, Kitchener, issued to Yiannkis, Marios and Christalla ©dysseos; and, That Councillors J. Ziegler, G. Lorentz and M. Galloway be appointed as members of the tribunal; and further, That the hearing be scheduled, and notice be given, for Wednesday, September 18, 2002 at 2:00 p.m. at Kitchener City Hall, following which a report will be submitted to Council for its consideration." 21. Salary and Frinqe Benefit Adjustments - Non-Union and Manaqement Employees Council considered a recommendation arising from an in-camera meeting held this date with respect to salary and fringe benefit adjustments for non-union and management staff. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from in any discussion or voting with respect to this matter as his wife is employed by the City of Kitchener. It was resolved: "That Council approve salary and fringe benefit adjustments for Non-Union and Management employees for the period 2002-2005 at the rate of 3%, 3% and 2.5%, pending further in-camera discussion on September 9, 2002 relative to any pay equity issues involving job grades 1 through 21 ." It was noted that the effective date will be retroactive from April 1,2002.