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HomeMy WebLinkAboutCouncil Minutes - 2002-09-16SEPTEMBER 16, 2001 COUNCIL MINUTES 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 Jina Savatdy and Kaitlyn McQuaid, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held August 26, 2002 and special meetings held August 26 and September 9, 2002, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED DIRECTLY TO FILE - NIL Mr. L. Gordon, Manager of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Expression of Interest E02-036, Consultant Services - Utilities Marketing, be awarded to Quarry Integrated Communications Inc., Waterloo, at their estimated fee of $90,000., including G.S.T." - and - "That Proposal P02-042, Plumbing Services, be awarded to Conestogo Mechanical Inc., Kitchener, Ontario, and Dave Hurst Plumbing & Heating Inc., Kitchener, Ontario, at their proposed hourly rates for a one year period. The estimated value of this contract is $146,000., plus G.S.T. and P.S.T." - and - "That Proposal P02-059, Chain Link Fencing, be awarded to 1077860 Ontario Inc. (cia Town & Country Fencing), Ariss, Ontario at their proposed unit prices for one year, with an option to renew for two (2) additional one year terms. The estimated value of this contract is approximately $100,000./year, plus G.S.T." Carried. Mayor C. Zehr advised that Council intended to recognize those individuals who were responsible for Kitchener hosting the recent International Softball Championships (ISC) which were coordinated by a Committee led by Mr. Tom Clancy. Mayor Zehr read the contents of a letter of appreciation received from ISC tournament officials. Councillor G. Lorentz commented that while the City of Kitchener had been fortunate to host the tournament, it was the volunteers that had made it a first class event. Mayor C. Zehr and Councillor G. Lorentz then presented Certificates of Appreciation to Committee Tournament members, many of whom were in attendance: Ray Alviano Don Chapman Dave Clinton Gareth Cunningham Donna Heer Laverne Reichert Doug Davies Tom Galloway Larry Lynch Chris Moore Joe Staubitz John Thompson Mike Brown Paul Brown Rick Boyd Wayne Clements Larry Cox Bernie Daly Sue Sherry Ann Bilodeau Jim Farwell Dennis Hartlieb Brian MacDonald Mark Schedewitz Bud Stanley Roy Wuertele Donna Weber Tom Clancy A special recognition in the form of a print by local artist Peter Etril Snyder was presented to Mr. Tom Clancy for his work as Committee Chair. SEPTEMBER 16, 2002 COUNCIL MINUTES - 366 - CITY OF KITCHENER Mr. G. Sosnoski introduced Mike Bolger, Manager of Business Systems and Services, and advised of the Diamond Award of Excellence from Showcase Ontario 2002 which was recently received by the City's Information Technology Division in the category of 'Business Solutions Through Information Technology' for the development of the City's Fleet and Inventory System. Mr. Bolger referred to the team members comprised of staff from both the Information Technology and Fleet Divisions and commented that at the beginning, the main exercise of the undertaking was to update old technology to current practices. However, because of the teamwork that took place, the project grew and evolved into an advanced system that would match business flow of the City's fleet/garage operations. Mayor C. Zehr thanked Mr. Bolger and the staff team for their efforts and presented the award. Mr. Lawrence Bingeman was in attendance in support of a sign application listed as Item B.6iv) in the Committee of the Whole agenda. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the application of the City of Kitchener (Lawrence Bingeman) (SG 2002-012) requesting permission to locate a 3rd party pylon sign on City-owned lands having a partial panel within the required sign clearance and an electronic message board on the sign to be located 14 m (45.93 ft.) from the intersection of Victoria Street North and Lackner Boulevard, rather than the required 23 m (75.45 ft.), on Part Lot 123, German Company Tract, designated as Part 1 on Reference Plan 58R-2024, 1464 Victoria Street North/Lackner Boulevard extension, Kitchener, Ontario, BE APPROVED, subject to the following conditions: That the variances as approved in this application shall be generally in accordance with the plans submitted with Sign Variance Application, SG 2002-012. 2. That the owner shall obtain a sign permit prior to installing the sign. That the owner shall receive Council approval to locate the 3rd party sign on City- owned lands and shall enter into an appropriate encroachment agreement to the satisfaction of the City Solicitor." Carried. Mr. Don Tortola attended in support of the notice given by Councillor J. Smola at the September 9, 2002 Finance and Corporate Services Committee meeting that he would introduce a Motion to Reconsider Council's resolution of August 26, 2002, regarding an objection to the liquor licence application for Caper's Sports Bar, 1 Queen Street North, made on the basis there is an overabundance of such establishments in the Downtown. Mr. Tortola commented that he had been a merchant within the Downtown for seven years and has substantially renovated the subject property with the intent that it would complement Downtown Kitchener. Moved by Councillor J. Smola Seconded by Councillor J. Ziegler "That Council reconsider its resolution of August 26, 2002, regarding an objection to the Liquor Licence Application for Caper's Sports Bar, 1 Queen Street North, on the basis that there is an overabundance of such establishments in the Downtown." A recorded vote was taken. In Favour: Councillors C. Weylie, G. Lorentz, J. Ziegler and J. Smola Contra: Mayor C. Zehr and Councillors B. Vrbanovic and M. Galloway Motion Lost (2/3 majority required). Mayor C. Zehr explained to Mr. Tortola that the City's role was as a commenting agency with respect to the license application and that it was likely a formal hearing would be held by the Province. SEPTEMBER 16, 2002 COUNCIL MINUTES - 367 - CITY OF KITCHENER Mr. John Foden, Senior Director, Public Affairs, Toronto Hydro Energy Services Inc., attended with respect to Clause 2 of the Finance and Corporate Services Committee report dealing with a process recommended by staff pertaining to natural gas direct purchase contract verification. Mr. Foden circulated correspondence dated September 16, 2002 and a copy of his presentation this date regarding the direct purchase disclosure form. He indicated that he was in agreement with the City's objectives to protect consumers but suggested that the disclosure information form process was not the best way to serve the consumer. It was his view that the form duplicates a process already mandated in Bill 58 and limits customer choice because it fails to expose consumers to the benefits of price competition. As well he suggested that an additional form would only add to the confusion currently being experienced by customers. Mr. Foden did suggest that if Council was committed to use of the form, that it amend Clause 2 of the report to provide for discretionary use of the form. In summary, he noted that Bill 58 covers all the objectives the City was attempting to achieve and that the Kitchener form was redundant and contrary to the spirit of industry de-regulation. Following questions by Council to the delegation, Mr. Dwayne Quinn, Director of Utilities, commented that Bill 58 was in its infancy and that the Ontario Energy Board expects to add to the regulatory process next year. Further, he acknowledged that while there was a third form, two forms could be signed on the first visit by a retailer. As well, he indicated that staff were willing to consider industry feedback of issues within the energy market but that until such time as the Ontario Energy Board fully regulates in this area, he recommended Kitchener utilize the verification form. Moved by Councillor J. Ziegler Seconded by Councillor M. Galloway "That Clause 2 of the Finance and Corporate Services Committee report be amended to provide that the contract verification process be reviewed by the Finance and Corporate Services Committee in April, 2003, as to relevance to then current regulations of the Ontario Energy Board and that Clause 2, as amended, be adopted." Carried. Mr. Brad Baumbach, Phoenix, attended with regard to the matter of Adult Entertainment Parlours and read a letter to Council in that regard. He expressed concern with enforcement activity to which licensed massage parlours were being subjected while numerous operators were listed in the local newspaper as providing 'adult services' or 'adult massage' and complained that City of Kitchener staff and Waterloo Regional Police have ignored complaints about these operators from licensed operators. He indicated that he had discussed this matter with the City's Manager of Licensing. Recommendations from two Committees were scheduled for consideration this date involving a heritage permit application and a demolition application submitted by Drewlo Holdings Ltd. respecting a proposed apartment development at 530, 540-560 Queen Street South. Clause 4 of the Heritage Kitchener report opposes the Heritage Permit Application pertaining to the proposed development shown as 'Concept D' in a Heritage Impact Assessment prepared by Mayer Heritage Consultants Inc. Clause 1 of the Development & Technical Services Committee report arising from its meeting of February 18, 2002 refers consideration to Council this date of report DTS- 02-031, dated January 30, 2002, dealing with Demolition Control Application DC 01/09/Q/DR to demolish a single detached dwelling known municipally as 560 Queen Street South in order to construct a 17-storey apartment building on the site. Consideration of the staff report pertaining to the demolition has been deferred on several occasions. Council was in receipt of a brief summary of the history of the applications as outlined in internal correspondence dated September 13, 2002 from R. Gosse, Deputy City Clerk, to which the following staff reports were attached: · DTS-02-196 dated September 11, 2002 regarding Heritage Permit Application 2002-V-03 for 530, 540-560 Queen Street South · DTS-02-031 dated January 30, 2002 regarding Demolition Control Application DC 01/09/Q/DR - 560 Queen Street South Mr. J. Willmer provided comment with respect to the following: summary of activity that has been undertaken in respect to heritage issues and processes, density of development permitted under existing zoning and the site plan approval process, the co-operative approach of area residents in SEPTEMBER 16, 2002 COUNCIL MINUTES - 368 - CITY OF KITCHENER addressing their opposition to the development based primarily on density and height of the proposed building, and the relationship of the Victoria Park Secondary Plan with the Victoria Park Heritage Conservation District Plan. Mr. Willmer pointed out that staff support approval of the Heritage Permit Application as a result of the changes that have been made to the original development proposal and in consideration of the existing zoning. Ms. Jennifer Voss summarized the major site design changes that have been made in response to concerns over the impact of the development on the area. She noted that staff consider 'Concept D' to incorporate significant changes as the building height was reduced by 3 storeys to 14 and also steps down to the 13th and 12th story to further lessen impact on adjacent residential. She noted that the proposed v-shape does provide for a wider building facade to accommodate the decrease in height requested by neighbourhood residents. Ms. Voss then commented on building design issues and noted that shadow guidelines have been satisfied for the most part. Finally, she pointed out that the density of the site was an established right as reflected in the 'Concept D' proposal. In response to a question from Council, she advised that zoning of the site was established in January, 1994. Mr. Ron Green attended representing Heritage Kitchener, along with Mrs. Pat Wagner, Co-Chair of Heritage Kitchener, in support of Clause 4 of the Heritage Kitchener report pertaining to the Heritage Permit Application of Drewlo Holdings. Mr. Green read aloud the entire Committee recommendation and stated it was the opinion of Heritage Kitchener that the developer had not satisfied the requirements of the Heritage Impact Assessment, as well as noting that the proposal was not moderate development as referenced in the Heritage District Plan. The Kitchener Neighbours for Appropriate Development (KNAD) group composed of Mr. Dill Morrison, Ms. Deb Westman, Ms. Jill Armstrong, Ms. Lorna Ferguson, Ms. Michele Cadotte, Ms. Carol Morrison, Mr. Bruce Berry and Mr. Marc Plumb made a joint co-ordinated presentation in support of Clause 4 of the Heritage Kitchener report which opposes the Heritage Permit Application of Drewlo Holdings. The delegates, two of whom provided a PowerPoint presentation, spoke individually to voice the following points, concerns and/or objections to the proposed apartment development: · Consideration of the Heritage Permit Application is the issue and not zoning · Not opposed to development · Height and scale of the development is inappropriate for the Heritage District as well as the neighbourhood and has a substantial impact · Encouraged lowering of the height of the building to 10 storeys by increasing site coverage · Developer was fully aware of height concerns · The development is a standard off-the-shelf design that is insensitive to the character and features of properties, and is not compatible in the Victoria Park neighbourhood · Other new development in the neighbourhood does not tower over adjacent properties · If Council was to approve the development, many more conditions as outlined in a submission by KNAD should be added as part of the approval · Heritage Kitchener was extremely thorough in its consideration of issues relating to the Heritage Permit Application and has been vitally important to the process · Deficiencies in the Heritage Impact Assessment were raised and it was recommended Council request the Heritage Impact Assessment be completed · The City's Municipal Plan sets high standards for site design in harmony with existing development which should be adhered to · The City needs vision and conviction to support the Victoria Park neighbourhood · Zoning of Part Lot 82 is Iow density, Iow-rise development and the Planning Act discourages split zone properties · The size of the development was never intended for this site and amalgamation of zones does not provide for high density development · The development represents an encroachment into the Heritage District which the residents anticipate the Ontario Municipal Board would be sensitive to · Heritage Kitchener understands the Heritage District while the developer does not and Council has a duty to follow the advice of Heritage Kitchener · The development was block busting that will harm the Victoria Park Community · The question of regulating the development in consideration of heritage issues has not been addressed and it was stressed that the developer was not being denied an opportunity to build as a building could be constructed according to zoning but with regard to design issues COUNCIL MINUTES SEPTEMBER 16, 2002 - 369 - CITY OF KITCHENER The KNAD group circulated a submission dated September 16, 2002, supporting Heritage Kitchener's recommendation to refuse the heritage permit application. However, should Council support the application, a list of eleven conditions was included that would have the development meet minimal standards of acceptability. Also, after each of the presentations made by KNAD delegates, Mayor C. Zehr inquired if each delegate understood the risk of losing the current changes to the development as negotiated with the developer should the application be denied and an appeal filed by the developer with the Ontario Municipal Board. Ms. Miriam Sokvitne attended regarding the Drewlo Holdings apartment proposal and noted she had provided a submission to Council in this regard. Concern was expressed that the development would overwhelm and have a negative impact on the Joseph Schneider House. Ms. Sokvitne asked that Council do everything possible to protect this historic asset. Mr. Daryl Fletcher, Co-Chair of the Victoria Park Neighbourhood Association, attended to request that the Heritage Permit Application for the Drewlo Holdings development be refused. Ms. Lesley Clair attended to request that the Drewlo Holdings proposal be denied on the basis of negative impacts that would de-stabilize the rejuvenation that has taken place in the neighbourhood. Mr. Dominic Whelan attended and commented on the results of surveys taken which indicate 100% of area residents were opposed to the Drewlo Holdings development proposals but that 50% would consider a modified version. Mr. Marty Schreiter attended on behalf of and along with a number of residents of the apartment building at 310 Queen Street South to voice property maintenance and other concerns over the quality of living experienced by tenants in a Drewlo Holdings owned property. He indicated that their requests in this regard had received only nominal response and that consequently building residents had formed a tenants group to further address problems. Mr. Mark Yantzi attended with respect to the Drewlo Holdings development proposal to comment on both favourable and unfavourable legacies that past heritage decisions of City Councils have left on the community. He noted that Kitchener did not have a very good reputation on heritage issues, except for a few exceptions where Council rejected proposals even though there was no legal basis to do so. It was Mr. Yantzi's view that Council had a basis to reject the current proposal. Mr. Bernie Hermsen, MacNaughton Hermsen Britton Clarkson Planning, representing Drewlo Holdings Ltd., attended with respect to the development matters involving 530, 540-560 Queen Street South. Scale models of three of the building proposals were placed in the Council Chamber along with various illustration drawings. He commented on the zoning and merits of the site, which supported intensified residential use. Mr. Hermsen pointed out that the City of Kitchener had developed eight points which drove the Heritage Impact Assessment Study and commented on merits of the project such as pedestrian scale, location, density and height, not a modern slab-style building, building materials including roof style, windows, verandahs and colours, and landscaping. He indicated that his client was in support of the staff recommendation in report DTS-02-196 to approve the development. He briefly remarked on a few inaccuracies presented by delegations in referencing earlier development concepts and referrals to the development as a slab-style building. He advised that many good changes have been made in response to neighbourhood suggestions and that the building impact conforms to shadow guidelines except for a short period on December 21. Mr. Hermsen also stated that it was his understanding that the Peer Review Consultants consider the Terms of Reference have been substantially met. He commented that the proposal had a maximum density of 3.75 rather than 4 and that the zoning issue was not irrelevant as suggested by the delegations. Finally, he pointed out that City building officials have found nothing wrong with the building location at 310 Queen Street south in response to Mr. Schreiter's remarks. Councillor B. Vrbanovic commented that history of the applicant's reputation in respect to management and maintenance of existing rental properties has probably shaped the opinions and views of many people in relation to the current development proposal. Mr. Hermsen advised that Drewlo Holdings has attempted to respond to tenant concerns and that Council had only heard the tenants side of the story. In response to Councillor B. Vrbanovic who expressed concern on outstanding matters, Mr. Hermsen noted that height and density were dealt with in zoning and that the developer had tried to address community concerns by undertaking changes to the original concept. He advised that the developer was not willing to reduce the height of 'Concept D', thereby reducing density. COUNCIL MINUTES SEPTEMBER 16, 2002 - 370 - CITY OF KITCHENER Councillor J. Ziegler pointed out the Secondary Plan which pre-dates the 1994 zoning supports the proposal whereas the Heritage Plan followed in 1997. Councillors M. Galloway and C. Weylie proposed a motion to adopt Clause 4 of the Heritage Kitchener report and requested a recorded vote. Several Councillors spoke in favour of the motion and outlined many reasons for support. Councillor J. Ziegler opposed the Heritage Kitchener recommendation as the property was zoned in 1994 and purchased on the basis of zoning while the Heritage District Plan was implemented later. A request for clarification was made with respect to Heritage Kitchener's position on the various development concepts presented and Mrs. Pat Wagner advised that Heritage Kitchener opposed all of the concepts. Councillors M. Galloway and C. Weylie amended their motion to adopt Clause 4 of the Heritage Kitchener report so as to reference Concepts A, B, C and D in paragraphs 1, 2 and 5 of Clause 4. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That Clause 4 of the Heritage Kitchener report, as amended, be adopted." In Favour: Mayor C. Zehr and Councillors J. Smola, B. Vrbanovic, M. Galloway, C. Weylie and G. Lorentz. Contra: Councillor J. Ziegler Motion Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That pursuant to Section 43 of the Ontario Heritage Act, Heritage Permit Application #2002-V- 03, as modified by City Council on September 16, 2002, to construct a maximum 10-storey apartment building at 530, 540-560 Queen Street South, a portion of which is located in the Victoria Park Area Heritage Conservation District, be deferred for three weeks and referred to the October 7, 2002 meetin.qs of the Development & Technical Services Committee and special Council in order to provide an opportunity for Drewlo Holdings and the community to engage in dialogue with respect to the list of suggested conditions provided by the Kitchener Neighbours for Appropriate Development group that would have the building meeting minimal standards of acceptability." A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors B. Vrbanovic, M. Galloway and J. Ziegler. Contra: Councillors G. Lorentz, C. Weylie and J. Smola. Motion Carried. Councillor J. Ziegler requested that staff list discussion of a policy on the use of electronic media to poll Council on a future Finance and Corporate Services Committee agenda. Councillor Ziegler was of the opinion that this form of communication deprives Council of the ability to debate an issue and hear the rationale for the views of other Councillors. Councillor J. Ziegler submitted his resignation as Ward 3 (Fairview-Gateway) Councillor effective midnight this date and after 22 years of service. He commented that he has served with all members of Council during all of the years they have sat on Council and appreciated working with them and City Hall staff. He specifically mentioned that he would like the public to know how hard working Council is in its determination to serve the public. Councillor Ziegler advised that he had another career opportunity and that his future employer would be making an announcement in that regard later this week. Mayor C. Zehr remarked on Councillor Ziegler's dedication, integrity and respect that he had maintained during his years on City Council. Other Councillors commented on their appreciation of SEPTEMBER 16, 2002 COUNCIL MINUTES - 371 - CITY OF KITCHENER his leadership abilities and willingness to offer advice and make suggestions on various matters in order to better serve the community. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That with great regret but also with best wishes we accept the resignation of Councillor J. Ziegler from City Council effective 11:59 p.m. on September 16, 2002." Moved by Councillor C. Weylie Seconded by Councillor M, Galloway Carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the report of the Development & Technical Services Committee (meeting of September 9, 2002) be adopted." Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the report of the Community Services Committee be adopted." Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That the report of the Finance and Corporate Service Committee be adopted." Voted on Clause by Clause. Clause 2 - Dealt with under Delegations and Carried, as Amended. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause. Clause 4 - Dealt with under Delegations Carried, as Amended. Balance of report - Carried. Carried. Carried. and Carried. "That the report of the Development & Technical Services Committee (meeting of February 18, 2002), be amended to defer and refer the demolition request to the October 7, 2002 meetings of Development & Technical Services Committee and special Council following further consideration of various conditions respecting a motion pertaining to a maximum 10-storey apartment building at 530, 540-560 Queen Street South, and the report, as amended, be adopted." SEPTEMBER 16, 2002 COUNCIL MINUTES - 372 - CITY OF KITCHENER Councillor M. Galloway circulated correspondence dated September 13, 2002 received from Maureen Gorloff with regard to traffic safety concerns of school patrols and children attending Blessed Kateri Catholic School. Attached to the correspondence were statistics recorded from a speed device. Councillor Galloway requested that staff review the matter and prepare a report for consideration at the October 7, 2002 Development & Technical Services Committee meeting. Council agreed to a request from Mr. G. Sosnoski, City Clerk, to add three by-laws to the agenda this date: the first by-law being for 1st and 2nd readings and relating to Clause 3 of the Development & Technical Services Committee report of September 9, 2002, would change the name of a certain street and the remaining two by-laws for three readings relate to Clauses 5 & 8 of the Development & Technical Services Committee report. Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (d) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e) Being a by-law to provide for the establishing and laying out of part of Copper Leaf Crescent as a public highway in the City of Kitchener. (f) Being a by-law to provide for the establishing and laying out of part of Bridlewreath 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 Berry Moss Street as a public highway in the City of Kitchener. (h) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (i) To confirm all actions and proceedings of the Council. (j) Being a by-law to change the name of a certain street in the City of Kitchener. (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 410 King Properties Limited - King Street West. (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Zevest Development Corporation - Courtland Avenue East. 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. SEPTEMBER 16, 2002 COUNCIL MINUTES - 373 - CITY OF KITCHENER Moved by Councillor G. Lorentz 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." Moved by Councillor J. Ziegler Seconded by Councillor J. Smola "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) (J) Carried. To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2002-168) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2002-169) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2002-170) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2002-171 ) Being a by-law to provide for the establishing and laying out of part of Copper Leaf Crescent as a public highway in the City of Kitchener. (By-law No. 2002-172) Being a by-law to provide for the establishing and laying out of part of Bridlewreath Street as a public highway in the City of Kitchener. (By-law No. 2002-173) Being a by-law to provide for the establishing and laying out of part of Berry Moss Street as a public highway in the City of Kitchener. (By-law No. 2002-174) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2002-175) To confirm all actions and proceedings of the Council. (By-law No. 2002-176) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 410 King Properties Limited - King Street West. (By-law No. 2002-177) SEPTEMBER 16, 2002 COUNCIL MINUTES - 374 - CITY OF KITCHENER (k) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Zevest Development Corporation - Courtland Avenue East. (By-law No. 2002-178) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 11:35 p.m. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 16, 2002 - 375 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of February 18, 2002) That consideration of Demolition Control Application DC 01/09/Q/DR (Drewlo Holdings Ltd.), for which the owner is requesting approval for the demolition of a single detached dwelling at 560 Queen Street South be deferred and referred to the October 7, 2002 meetings of the Development & Technical Services Committee and Council following further consideration on October 7, 2002 of various conditions respecting a motion pertaining to construction of a maximum 10-storey apartment building at 530, 540-560 Queen Street South. (As Amended) DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (Meeting of September 9, 2002) That Demolition Control Application DC 02/ll/G/BS (Nico Euteneier-Ludwig), requesting approval for the demolition of one single detached dwelling located at 1864 Glasgow Street, legally described as Part of Lot 38, German Company Tract, more specifically Part 1, Plan 58R-4944, be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That the August 12, 2002 Development & Technical Services Committee minutes be amended so as to reference the letter dated August 12, 2002 from Richard A. Hardie & Associates distributed at the meeting on behalf of his client, Mr. & Mrs. M. Ferraz, pertaining to Municipal Plan Amendment Application MP 02/09/TC and Zone Change Application ZC 02/24ITC/DR (Lower Doon - City Initiated). That Deilcraft Place be renamed Chandaria Place and the Legal Services Division and the Legislated Services Division be instructed to prepare the necessary by-law and proceed with the legal name change process. That any Development & Technical Services Department reports greater than three pages in length, not including appendices, include a two to three paragraph Executive Summary indicating the reason for the report, the process, and any key issues or complications (for subdivision reports, the Executive summary will precede Recommendations). This Executive Summary along with preceding recommendations will provide the reader an outline of the issue and recommended course of action. That Zone Change Application ZC 02/27/K/CB (410 King Street West [Kaufman] - 410 King Properties Limited), to change the zoning on the subject lands, legally described as Lots 56 to 62 inclusive, 110 to 113 inclusive, 115 to 118 inclusive and Par of Lots 114 and 119, and Lot 2 of Streets and Lanes, Registered Plan 374, to delete section (a), subsection (i), of Special Use Provision 138U, of Appendix "C", be approved, in the form shown in the Proposed By-law dated August 9, 2002, as revised September 9, 2002 to add a Clause 2 to read as follows: Clause a) of Section 138 of Appendix "C" to By-law 85-1 is hereby amended by deleting subclause iv) c) and substituting therefor the following: "shall in no case, be located on the ground floor abutting King Street, except for access." 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. That Zone Change Application ZC 02/21/P/CB (59 Plymouth Road - Nga Tien Hoang), to change the zoning on the subject lands, legally described as Plan 842 Lot 28, for the City of Kitchener, from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Use Provision 317U, be refused. COUNCIL MINUTES SEPTEMBER 16, 2002 - 376 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE (Cont'd) (Meeting of September 9, 2002) - 6. (Cont'd) It is the opinion of this Committee that refusal of this application is proper planning for the City as this application is not desirable for the appropriate use of the property and does not maintain the general intent and purpose of the City of Kitchener Zoning By-law. That a refund of the applicable fee be approved in respect to Zone Change Application ZC 02/21/P/CB (59 Plymouth Road - Nga Tien Hoang). That Zone Change Application ZC 02/23/C/CB (844 Courtland Avenue East Zevest Development Corporation), to change the zoning on the subject lands, legally described as PLAN 695 PT LT 5 RP58R866 PART 1, for the City of Kitchener, from General Industrial Zone (M-2) to Service Industrial Zone (M-3), be approved, in the form shown in the Proposed By-law dated August 13, 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. 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) That the garage be demolished so as to allow for the development of a rear parking area; and, 2) 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. 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. 10. That the City accept the conditional Offer to Purchase from Roman Pentsa In Trust for Part 4 Reference Plan 58R- 6949 (Site 82b, McBrine Drive). The site has an approximate area of 1.5 acres (.6 hectares) and the offering price is $114,000.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. 11. That Mayor C. Zehr, on behalf of Kitchener City Council, be authorized to request the Minister of Transportation to approve reimbursement of approximately $110,000. to the City of Kitchener for the temporary Kingsway Drive by-pass construction and removal costs as part of the cost of the M.T.O. Highway #8 widening project; said by-pass costs as outlined in Development and Technical Services Department report DTS-02-147. COMMUNITY SERVICES COMMITTEE - That pursuant to Council Policy 1-945 (Fencing - Walkways), a one time City contribution in the amount of $362.20 for provision of shared costs on a 50/50 basis for walkway fencing be approved for the property owner(s) of 34 West Acres Crescent. That the decision of the jury for the Forest Heights Pool '% for Art Policy' Competition, awarding an artist commission to local artist and past City of Kitchener Artist-in-Residence, Carol Bradley, for her mosaic panel submission, be endorsed; and further, COUNCIL MINUTES SEPTEMBER 16, 2002 - 377 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an agreement with Carol Bradley respecting her artist commission, conditions of delivery and acceptance of installation of her winning entry at Forest Heights Pool, as set out in Community Services Department report CSD-02-184. That an Event Contract be entered into with the Canadian Hockey Association (CHA) and the Ontario Women's Hockey Association (OWHA) to host the 4 Nations Cup International Women's Hockey Championship, tentatively scheduled for November 1 to 10, 2002; and further, That subject to the satisfaction of the City Solicitor, the Director of Enterprise be retroactively authorized to execute the contract with the CHA and OWHA. That Council's resolution of June 10, 2002 respecting an agreement to be entered into with 1517230 Ontario Limited (Dave Pigeau) to operate the Victoria Park Boat House food and beverage concession, be clarified to reflect the following changes and additional information: · that the Victoria Park Food and Beverage Service Agreement be with the numbered company, 1517230 Ontario Limited, and not with Dave Pigeau personally; · that the agreement be for a term of 5 years plus an option for an additional 5 years less a day due to the restrictions under the Public Parks Act; that the hours of operation for the concession be no earlier than 9 a.m. and no later than 10 p.m. (not till dusk as set out in the memorandum attached to Community Services Department report CSD-02-124); that the Licensee can operate a maximum of 2 ice cream stands in Victoria Park (not just in the playground area); however, its exclusivity to so operate does not apply when there are municipally sponsored or permitted events in the park. That a travel assistance grant in the amount of $600. be approved for the Kitchener Klassics Softball Team to attend the Eastern Canadian National Women's Championship in New Brunswick from August 22 to 25, 2002. That an in-kind facility grant in the amount of $240.65 be approved as a one-time contribution to the Zonta Club of Kitchener-Waterloo to hold a Person's Day Breakfast at Kitchener City Hall on October 25, 2002. That a grant in the amount of $5,000. not be approved for the Opening New Doors in Waterloo Region to assist with program expenses, and further, That the Region of Waterloo be requested to give serious consideration to the application for grant funding requested by the Opening New Doors in Waterloo Region. That a loan in the amount of $75,000. be approved to the Kiwanis Club of the Twin Cities for the renovation of the Kiwanis Park pump house, to be repaid in full from Kiwanis Club operating surplus; and, That the loan be repaid on an annual basis, based on a yearly review of the operating surplus; and further, That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute the loan agreement with the Kiwanis Club of the Twin Cities. COUNCIL MINUTES SEPTEMBER 16, 2002 - 378 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That the process, as outlined in Community Services Department report CSD-02-190, for allocation of City of Kitchener internal resources to the Waterloo Regional Police Service's community mobilization concept, be approved. FINANCE AND CORPORATE SERVICES COMMITTEE - That fees be waived for a portable sign permit issued to Wings Up, 2399 Kingsway Drive, for a sign installed at location #2, as shown in Development and Technical Services Department report DTS-02-194 (corner of Kingsway Drive and Eighth Avenue), during the construction of Highway 8 and the reconstruction of the Franklin Street Bridge. That staff follow the process contained in Appendix A to Financial Services Department report FIN-02-035 (Natural Gas Direct Purchase Contract Verification) to facilitate direct purchase of natural gas for customers on the City of Kitchener distribution system; and further, That the process be reviewed by the Finance and Corporate Services Committee in April, 2003, as to relevance to then current regulations of the Ontario Energy Board. (Dealt with under Delegations and Carried, as Amended) That the request of the Aids Committee of Cambridge, Kitchener, Waterloo and Area (ACCKWA) to sell merchandise during Aids Walk 2002, in Victoria Park on September 22, 2002 be approved, subject to obtaining the necessary licence. That an application be made to the Ministry of the Attorney General to increase the set fine in the Disabled Persons Parking By-law 88-172 to $300.; and further, That a by-law be considered at a future Council meeting to amend the Disabled Persons Parking By-law 88-172 to provide for a minimum fine of $300. That Homeniuk Rides Inc. be granted permission to operate a Midway at Weiland Ford, 707 Ottawa Street South, from October 3-6, 2002, subject to the following: a) that the hours of operation be: Thursday & Friday - 3:30 p.m. -11:00 p.m. Saturday - 10:00 a.m.- 11:00 p.m. Sunday - 12 noon - 10:00 p.m.; and, b) that the music at the Midway be turned off one hour before closing time excepting those evenings (Thursday and Saturday) preceding school days when it shall be turned off at 8:00 p.m.; and, c) the music at the Midway be turned down at 8:00 p.m. on Friday and Saturday evenings; and, d) that parking arrangements be reviewed with Traffic Planning staff to ensure adequate off-street parking will be provided; and further, e) that the required licence be obtained prior to operating the Midway. That Homenuik Rides Inc. be granted permission to operate a Midway in the parking lot at Southwest Optimist Sports Park from September 19-22, 2002, as a fund raising event for the Pioneer Park School Playground Committee, subject to the following: a) that the hours of operation be: Thursday - 4:00 p.m. - 9:00 p.m. Friday - 4:00 p.m. - 10:00 p.m. Saturday - 11:00 a.m.- 10:00 p.m. Sunday - 11:00 a.m. - 8:00 p.m.; and, COUNCIL MINUTES SEPTEMBER 16, 2002 - 379 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 6. (Cont'd) b) that the music at the Midway be turned off one hour before closing time except those evenings (Thursday and Saturday) preceding school days when it shall be turned off at 8:00 p.m.; and, c) that the music at the Midway be turned down at 8:00 p.m. on Friday and Saturday evenings; and, d) that the required licence be obtained prior to operating the Midway; and further, That the request of the Pioneer Park School Playground Committee to waive the licence fees for this event, be denied. That the Mayor and one Councillor be appointed in 2003 to the Board of Directors of the Kitchener Power Corporation as part of the City's five annual appointments as authorised in the Shareholder's Agreement, dated August 1, 2000; and That in 2004, the Mayor and two Councillors be appointed to the Board of Directors as part of the City's five annual appointments; and That a Policy be considered at the September 23, 2002 Finance and Corporate Services Committee meeting which would bring into effect: · the annual appointments to the Board of Directors to include, the Mayor, two Councillors and two lay members; · the interim transitional appointment of two Councillors over a two-year period (2003-2004); · the replacement of one director each year; and further That the nomination of the two lay members for Council's consideration be made by the Kitchener Power Corporation Nominating Committee in accordance with the Shareholders Agreement. That staff prepare an Enforcement Policy, for consideration at a future Finance and Corporate Services Committee meeting, with respect to Municipal Code Chapters 630 (Fences) and 842 (Hedges, Other Objects and Traffic Hazards) which will include advising complainants that Enforcement staff will inspect 8 properties either side of and properties across the street from complaint properties for similar violations. HERITAGE KITCHENER- That pursuant to Section 43 of the Ontario Heritage Act, the application of the owner (HPA #2002-V-21) to demolish the house located on the property municipally known as 14 Church Street, located in the Victoria Park Area Heritage Conservation District, be approved subject to the following: a) the City's Heritage Planner prepare a photographic recording of the building prior to demolition; and, b) the building materials be salvaged. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owner (HPA #2002-V-22) to construct a front porch on the property municipally known as 72 Lorne Crescent, located in the St. Mary's Heritage Conservation District, be approved subject to the following: COUNCIL MINUTES SEPTEMBER 16, 2002 - 380 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 2. (Cont'd) a) the porch be constructed in accordance with the plans attached to and forming part of Building Permit Application #02 108063. That pursuant to Section 43 of the Ontario Heritage Act, the application of the owner to alter the designated property municipally known as 466 Queen Street South (Joseph Schneider Haus), located in the Victoria Park Area Heritage Conservation District, to construct a wood shed, privy and spring house as shown on the plans (Job No. 0116) prepared by John Clinckett, Architect, be approved. WHEREAS due to its location, proximity, design, mass, height, shadow impact, public realm, and pedestrian scale, the construction of the proposed Concepts A, B, C or D for the apartment building at 530, 540-560 Queen Street South will adversely affect and have a significant negative impact on: the Victoria Park Area Heritage Conservation District, Victoria Park, houses designated under the Ontario Heritage Act, the nationally designated Joseph Schneider Haus, and the Queen Street South streetscape; and, WHEREAS the Concept A, B, C or D proposals will also precipitate the demolition of a heritage house and outbuildings on the property municipally known as 560 Queen Street South, and set a poor example for future high rise development; and, WHEREAS designation of the Victoria Park Area Heritage Conservation District by City Council was a commitment to those residents to protect and conserve the natural, cultural and built heritage of the District; and, NOTWITHSTANDING that Heritage Kitchener appreciates the efforts of the developer to incorporate some of their recommendations into the design of the proposed development; THEREFORE BE IT RESOLVED that Heritage Kitchener opposes the application of Drewlo Holdings Ltd. (Heritage Permit Application # 2002-V-03), made pursuant to Section 43 of the Ontario Heritage Act, to construct an apartment building at 530, 540-560 Queen Street South, shown as "Concepts A, B, C or D" in the Heritage Impact Assessment prepared by Mayer Heritage Consultants Inc., dated Revised August 8, 2002. (Dealt with under Delegations and Carried, as Amended) COUNCIL MINUTES SEPTEMBER 16, 2002 - 381 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. ADMINISTRATIVE REPORTS- 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Dawn Silbernagel and Brenda Burtch, employed at 2271 Kingsway Drive (Phoenix), Kitchener, be granted 2002 Adult Entertainment Parlour Attendant Licences." 2. Encroachment Aqreements - 60 Baird Avenue and 118 Pandora Avenue It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of 60 Baird Avenue to legalize that portion of an existing 6' high wooden fence that encroaches 1 foot, more or less, into the Bettley Crescent road allowance." - and - "That the Mayor and Clerk be authorized to enter into an encroachment agreement with the registered owner(s) of the property municipally known as 118 Pandora Avenue to permit the construction and maintenance of a 3' high wooden picket fence that will encroach 2 feet, more or less, into the Samuel Street and Pandora Avenue road allowances." Hedge Exemption - Municipal Code Chapter 842 (Hedges, Other Objects, Traffic Hazards) Council was in receipt of a memorandum dated September 16, 2002 from S. Turner, prepared in response to discussion that took place at the September 9, 2002 Finance and Corporate Services Committee meeting dealing with Corporate Services Department report CRPS-02-208 (Amendments to Municipal Code Chapter 842 - Hedges, Other Objects, Traffic Hazards). Councillor J. Ziegler indicated he was in agreement with the wording of the staff recommendation. It was resolved: "That staff prepare an amendment to Municipal Code Chapter 842 (Hedges, Other Objects, Traffic Hazards), and a corresponding Council Policy Resolution, that would allow for owners of properties that have been developed prior to January 1, 1952, to seek an exemption from the provisions of Article 842.2.2, relating to the maximum height of a hedge within a driveway visibility triangle" 4. Various Tenders Dealt with under Delegations. COUNCIL MINUTES SEPTEMBER 16, 2002 - 382 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 5. Fair or Exhibition Gaminq Event - Kitchener-Waterloo Oktoberfest Council was in receipt of Corporate Services Department report CRPS-02-212 (J. Koppeser), dated September 4, 2002, advising of no objection to the issuance of a Provincial lottery licence. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to Kitchener-Waterloo Oktoberfest to hold a Fair or Exhibition Gaming Event from October 11-19, 2002, at Marshall Hall, Bingeman Park, 1380 Victoria Street North, Kitchener." 6. Committee of Adjustment Decisions - Various Council was in receipt of minutes and other background information from J. Billett, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held on September 10, 2002. It was resolved: "That the application of Michael and Mary Farrell (FN 2002-016) requesting permission to legalize an existing wooden fence setback 0.6 m (1.96 ft.) from the lot line adjacent to Greengable Way from the rear lot line and continuing along the sideyard a distance of 24.48 m (80.31 ft.), having a maximum height of 1.82 m (6 ft.), rather than the permitted 0.91 m (3 ft.), on Lot 135, Registered Plan 1688, 86 Greengable Way, Kitchener, Ontario, BE APPROVED, subject to the following condition: 1. That the variance as approved in this application shall be generally in accordance with the drawings submitted with Fence Variance Application, Submission No. FN 2002-016." - and - "That the application of Petro-Canada/TDL Group Ltd. (SG 2002-010) requesting permission to erect a ground sign setback 1 m (3.28 ft.) from the lot line adjacent to Frederick Street rather than the required 3 m (9.84 ft.); a maximum height of 3 m (9.84 ft.) rather than the permitted 1.5 m (4.92 ft.); and a maximum sign area of 3.25 m2 (34.98 sq. ft.) rather than the permitted 3 m2 (32.29 sq. ft.), on Part Lots 1 to 3 and Part Lot 5, Registered Plan 392, 197 Frederick Street, Kitchener, Ontario, BE APPROVED, subject to the following conditions: 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 2002-010. That no other freestanding ground or pylon signs shall be permitted on the property." - and - "That the application of Conestoga College of Applied Arts & Technology (SG 2002- 011) requesting permission to locate a total of 7 signs consisting of 3 existing fascia signs, 2 existing ground signs and 2 new ground signs on the subject property, rather than the permitted 2 signs; and, permission for the 2 new ground signs to be setback 0 m from the lot line adjacent to Doon Valley Drive rather than the required 3 m (9.84 ft.) and each having a maximum sign height of 1.82 m ( 6 ft.) rather than the permitted 1.5 m (4.92 ft.); on Part Lots 9 & 10, Beasley's Old Survey and Part Unnumbered Biehn's COUNCIL MINUTES SEPTEMBER 16, 2002 - 383 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 6. Committee of Adjustment Decisions - Various - (Cont'd) Tract, 299 Doon Valley Drive, 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 2002-011 ." Submission No. SG 2002-012 was dealt with under Delegations. 7. Compliance with Restrictions - 56 Dumart Place Council was in receipt this date of Corporate Services Department report CRPS-02-220 (L. MacDonald), dated September 16, 2002. It was resolved: "That on September 16, 2002, the property described as Part 1 on Reference Plan 58R- 5001 and municipally known as 56 Dumart Place, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 860580." Consent and Waiver of Notice for First Registration in Land Titles System - Krizsanderson Developments Limited- Winifred Street Council was in receipt this date of Corporate Services Department report CRPS-02-221 (L. MacDonald), dated September 16, 2002. It was resolved: "That the Mayor and Clerk be authorized to execute a ConsentNVaiver of Notice and draft reference plan to expedite an Application for First Registration in Land Titles by Krizsanderson Developments Limited respecting lands described as Part of Lot 10, Beasley's Broken Front Concession, designated as Part 1 on the draft reference plan attached to the application, being land in the vicinity of Winifred Street, Kitchener." 9. Temporary Retail Market Licence - Waterloo Reqion Take Back The Niqht March Council was in receipt this date of Corporate Services Department report CRPS-02-218 (J. Koppeser), dated September 12, 2002, recommending approval of the required licence. It was resolved: "That the request of Take Back the Night March to sell food and merchandise in Victoria Park on Thursday September 19, 2002 be approved providing that the necessary Temporary Retail Market Licence is obtained, including Health and Fire approvals; and further, That the nominal fee of $10.00 be applicable." 10. Si.qnin.q Authority - Railway Occupancy License A.qreement Council was in receipt this date of Financial Services Department report FIN-02-036 (L. Jones/P. Houston), dated September 12, 2002, recommending execution of a Occupancy License Agreement. COUNCIL MINUTES SEPTEMBER 16, 2002 - 384 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Si.qnin.q Authority - Railway Occupancy License Aqreement - (Cont'd) It was resolved: "That the City enter into the Agreement dated July 9, 2002 with Goderich-Exeter Railway Company, Limited (GEXR) regarding the Occupancy License Agreement for an 200mm diameter (8") natural gas pipeline and a 300mm diameter (12") water main railway crossing at Lackner Boulevard; and further, That the General Manager of Financial Services be authorized to sign such Agreement, subject to the satisfaction of the City Solicitor." 11. Ad Hoc Steerinq Committee - Centre Block Redevelopment Council considered a recommendation discussed in-camera this date. It was resolved: "That Council appoint an Ad Hoc Steering Committee to assist in the proposal call process for the Downtown Centre Block, said Committee to be comprised of Hans Pottkamper, Ray Robinson, Craig Robson, Carla Ladd, George Borovilos and Pauline Houston." 12. Centre Block Outstandinq Matters Council was in receipt of Development & Technical Services Department report DTS-02- 201 (G. Borovilos/C. Ladd), dated September 13, 2002 and referred consideration of the staff recommendation to the September 30, 2002 Council meeting.