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HomeMy WebLinkAboutCouncil - 2007-10-22COUNCIL MINUTES OCTOBER 22, 2007 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Mayor C. Zehr. The meeting began with the singing of "O Canada" by Victoria Whiteman, King School of Vocal. On motion by Councillor G. Lorentz, the minutes of the regular meeting held October 1, 2007 and special meetings held September 17 & 24 and October 1 & 15, 2007, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE -NIL Mr. L. Gordon, Director of Purchasing, was in attendance with respect to the tenders listed on the Committee of the Whole agenda. Councillor J. Gazzola expressed concerns with regard to the amounts budgeted versus actual costs as it relates to Tenders T07-077 (Tandem Rear Axle Conventional Cab & Chassis) and Tender T07- 078 (Medium Duty Vehicles). He expressed the opinion that there is more in the Equipment Reserve Fund than is needed. Ms. P. Houston, General Manager, Financial Services & City Treasurer, advised that the balance of funds is used to equip the vehicles with what is needed to operate in the field. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That Tender T07-077, Three (3) - 29,937 kg (66,000 Ib.) G.V.W. Tandem Rear Axle Conventional Cab and Chassis, complete to Specification CKF-310-2007, be awarded to Highway Sterling Western Star Inc., Ayr, Ontario at their tendered price of $284,862., including G.S.T. and P.S.T." -and- "That Tender T07-078, Medium Duty Vehicles, be awarded as follows: • Item 1 -One (1) - 7,935 kg (17,500 Ib.) G.V.W. Dual Rear Wheel Crew Cab and Chassis, complete to Specification CKF-264-2007, be awarded to Steve Scherer GMC Ltd., Kitchener, Ontario at their tendered price of $44,073.54, including G.S.T. and P.S.T. • Item 2 -One (1) - 6,577 kg (14,500 Ib.) G.V.W. Cut-Away R.V. Cab and Chassis with a 4.32 Meter (14 Foot) Fiberglass Van Body, complete to Specification CKF-91-2007, be awarded to Steve Scherer GMC Ltd., Kitchener, Ontario at their tendered price of $64,479.54, including G.S.T. and P.S.T. • Item 3 -Three (3) - 5,080 kg (11,200 Ib.) G.V.W. Dual Rear Wheel Crew Cab and Chassis, complete to Specification CKF-242-2007, be awarded to Colombo Motors LP, Woodbridge, Ontario at their tendered price of $82,345.39, including G.S.T. and P.S.T." -and- "That Proposal P07-045, Corporate Records Management System, be awarded to OmniRIM Solutions Inc., Vancouver, B.C., at their proposed price of $154,373.10, including P.S.T. & G.S.T., subject to successful contract negotiations." -and- "That the City of Kitchener's portion of the City of Guelph's Tender Ref. No. 07-063, Highway Coarse Salt, be awarded to Sifto Canada Inc., Mississauga, Ontario for afour-year term at the estimated annual cost of $783,836.54, plus P.S.T. and G.S.T., with an option to renew for one (1) additional year." -and- "That Quotation 007-059, Hydraulic Hammers, be awarded to Toromont Cat, Cambridge, Ontario at their quoted price of $45,528.18, including G.S.T. & P.S.T." Carried. COUNCIL MINUTES OCTOBER 22, 2007 - 260 - CITY OF KITCHENER Mr. Joe Artinger was listed as a delegation on the agenda this date to speak to enforcement of neighbourhood issues related to cars and noise, but did not attend the meeting. Nabel Rana, Chief Planning Officer, and Syed Anwar, Public Relations Manager, World Religions Conference, attended in support of Clause 4 of the Community Services Committee report of this date, dealing with a grant request for the 2007 World Religions Conference to be held November 24, 2007. On motion by Councillor G. Lorentz, seconded by Councillor K. Galloway, Clause 4 of the Community Services Committee report was brought forward for consideration to approve aone-time general grant of $4,000. to the Ahmadiyya Movement in Islam to assist with expenses for the 2007 World Religions Conference; a request to plan to hold the 2008 Conference in Kitchener and any potential grant request made well in advance; and a report on results of the 2007 Conference to be made to the Arts & Culture Advisory Committee. At the request of Councillor K. Galloway, it was agreed to amend the motion by deleting from the first line of the second paragraph the phrase `plan to hold' and replacing it with the phrase `consider planning to hold'. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That Clause 4 of the Community Services Committee report, as amended, be adopted." Carried. Ms. Kathy Durst, Chair, and Sandra Hanmer, CEO, Waterloo Wellington Local Health Integration Network (WWLHIN) provided an overview of the organization's activities, including development of a three-year local strategic Integrated Health Service plan. The WWLHIN is anon-profit organization funded by the Provincial government through the Ministry of Health and Long-term Care who has responsibility to oversee local health care systems and community support services in the Waterloo Region, Wellington County and South Grey areas. The delegation encouraged the municipality to look for innovative opportunities within its resources to participate in collaborative governance of the health care system. Acting Mayor B. Vrbanovic advised that pursuant to the Municipal Act 2001, a Notice of Intention to consider this date enactment of a by-law to rename a part of Zeller Drive to Old Zeller Drive; and a by-law to close and convey and to close and retain portions of a public highway known as Zeller Drive, listed as Items 10 f) and g), and 13 f) and g), on the Council agenda, was published in The Record on October 12, 2007. Ms. Nicolette Horne, MHBC Planning Limited, attended in support of the by-laws related to Zeller Drive. Councillor J. Gazzola questioned what benefits the City is gaining in accepting from the developer the conveyance of the lands known as ESPA 25. Mr. A. Pinard, Manager, Long Range and Policy Planning, advised that the lands in question have no development potential; however, placing the lands under City ownership is deemed best for stewardship and protection of the environmental features. Ms. L. MacDonald, Director of Legal Services & City Solicitor, clarified that the conveyance of lands between the developer and the City is part of the terms of a settlement under Order of the Ontario Municipal Board. She added that an appraised value of the lands in question is not known at this time. Councillor Gazzola stated that he would prefer adoption of these by-laws to be deferred pending receipt of additional information concerning the value of the lands to be exchanged. Ms. N. Horne noted that the road alignment is the last piece in what has been a lengthy planning process and deferral of the by-laws would result in delay of the issuance of building permits. A motion by Councillor J. Gazzola to defer to the November 13, 2007 Council meeting, adoption of the by-laws listed as Items 10 f) and g) and 13 f) and g), relative to renaming and closure / conveyance of parts of Zeller Drive, was not voted on as it failed to receive a Seconder. COUNCIL MINUTES OCTOBER 22, 2007 - 261 - CITY OF KITCHENER Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That the by-laws listed as Items 10 f) and g), and 13 f) and g), on the Council agenda this date, relative to renaming and closure /conveyance of parts of Zeller Drive, be taken as read a first time." A recorded vote was requested. In Favour: Acting Mayor B. Vrbanovic and Councillors G. Lorentz, J. Smola, K. Galloway and C. Weylie Contra: Councillor J. Gazzola Absent: Mayor C. Zehr Motion Carried. Mr. Bill Pegg, Past Chair, K-W Gaming Centres Sponsors Association, attended in respect to Clause 5 of the Finance and Corporate Services Committee report, to express concerns with respect to the proposed increase in licence fees charged to organizations conducting bingos in Kitchener. He stated that municipal prize boards have basically remained the same at a maximum of $3,000. per session and it was his belief that the maximum licence fee of $165. allowed by the Alcohol & Gaming Commission of Ontario (AGCO) was based on larger municipalities having higher prize boards. He acknowledged that with the new bingo model and amalgamation of the two bingo halls into one, the City has experienced a revenue loss of approximately $140,000. but noted that the proposed licence fee increase will result in a loss of $62,000. to the charities involved. Mr. Pegg advised that ideally he would like to see the licence fees remain at $90. as it did not appear there was any other reason to increase the fees other than to address the City's revenue shortfall. He added that the new bingo hall at the Krug Street location is doing well and to his knowledge there have been no issues raised by the surrounding neighbourhood. Council considered a memorandum (P. Harris), dated October 17, 2007, relative to Clause 5 of the Finance and Corporate Services Committee report, in response to a written submission received from the K-W Gaming Centres Sponsors Association regarding the proposed increase in bingo licence fees. Ms. P. Harris, Manager of Licensing, advised that bingo licence fees have not been raised for over 20 years and the proposed increase still does not provide full cost recovery for the City. She also noted that the bingo hall operator has opportunity to further increase revenues through promotion to increase attendance at games; the revenues of which the City does not share in as the City is limited to applying a flat licensing fee per event. She added that the proposed increase is already considered a compromise and represents aphased-in approach given that the City could charge up to a maximum of $165. per bingo event. Ms. Harris advised that the suggestion put forward by the K-W Gaming Centres Sponsors Association to charge a base fee of $90. per event and then a 3% fee on actual bingo prizes paid on municipal games, is not permitted under the new bingo revenue model. The AGCO determined that a municipality could charge a flat fee per bingo event up to a maximum of $165. and did not provide for any other option. Mr. R. Gosse stated that staff is of the opinion this proposal provides a good solution for all parties involved, pointing out that the charities are achieving higher revenues and will continue to do so even if the increased fee is approved. He stressed that the increased fee still does not allow the City to break even and that bingo operations have been subsidized over a significant period of time. Mr. Gosse added that while the two halls have merged, the work has not decreased because the same number of charities still exist to be serviced by staff in review of their bingo reports, and staff has no other means of raising revenue other than by increasing the flat fee. Ms. Harris added that the intervals and number of reports to be reviewed has actually increased with the new revenue model resulting in added workload to staff. Mr. Gosse stated that staff is trying to ensure that the charities still make money while at the same time, recovering a portion of the City's lost revenues. COUNCIL MINUTES OCTOBER 22, 2007 - 262 - CITY OF KITCHENER Mr. Pegg acknowledged that the charities' revenues have increased but suggested that it was a matter of fairness as to how much of the revenue is shared and questioned who would make up the difference if revenues fall. Councillor K. Galloway inquired as to the feasibility of increasing game prices paid by patrons by .50 cents to compensate for the increased licence fee. Mr. Pegg suggested that while doing better, bingo operations remain on tenuous footing and an increase in players' fees may not be well received. Mr. Pegg acknowledged that the average share to the charities is $851. per event, of which $90. covers the current licence fee and did not foresee a reversal of the sustaining trends. Ms. P. Harris advised that the increased fee is being proposed at this time because 2008 licences must be issued by November 1, 2007, being 60 days before the year end; and approval now will allow the City to apply, and receive revenues from the new rate consistently throughout 2008. She added that it is intended that a review of the new rate be conducted in one year's time to determine the impact to all interested parties. On motion by Councillor J. Smola, seconded by Councillor G. Lorentz, Clause 5 of the Finance and Corporate Services Committee report of this date was brought forward for consideration to approve an increase to $130. in the fee per bingo event charged to organizations conducting bingos in Kitchener. On motion by Councillor J. Gazzola, seconded by Councillor G. Lorentz, a motion to amend Councillor Smola's motion was brought forward for consideration to provide for an increased fee of $120. rather than $130. Councillor J. Gazzola expressed the opinion that the amended fee is a minor compromise but still represents a substantial increase and there would be opportunity to review the impact in one year's time. Councillor G. Lorentz supported the proposed amendment as an act of good faith, acknowledging that the charities have come through rough times and are only recently on the road to recovery. Ms. P. Harris advised that the amended fee would result in a loss of $22,000. in projected revenue to the City. The motion to amend Councillor Smola's motion was then voted on and Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That Clause 5 of the Finance and Corporate Services Committee report, as amended, be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Gazzola "That the report of the Development and Technical Services Committee be adopted." Council received this date correspondence from Kathleen & Adolfo Putzu, residents of Maynard Avenue, relative to Clause 3 of the Development and Technical Services Committee report, dealing with designation of the Civic Centre Neighbourhood (CCN) as a Heritage Conservation District. The Putzus asked that 16 Maynard Avenue be exempt from inclusion in the CCN Heritage Conservation District as it was their opinion it was not of heritage interest. Council also considered correspondence from Mr. & Mrs. J. Douglas Coleman, dated October 18, 2007, in respect to properties they own at 28 and 32 Maynard Avenue and 78-80 and 72 Ahrens Street West. They also requested that these properties be exempt from inclusion in the CCN Heritage Conservation District as it was their opinion they were not of heritage interest. Mr. L. Bensason, Heritage Planner, advised that 16 Maynard Avenue is classified as a Group `A' property having significant architectural value and is centrally located within the boundary of the CCN Heritage Conservation District, directly opposite Hibner Park. The property at 32 Maynard Avenue is COUNCIL MINUTES OCTOBER 22, 2007 - 263 - CITY OF KITCHENER classified as a Group `B' property and 28 Maynard Avenue and 78-80 & 82 Ahrens Street West are classified as Group `C' properties. All properties owned by the Colemans are also centrally located within the District boundary and are considered to be of heritage interest. He noted that to be exempt from inclusion in the Heritage Conservation District, the properties would primarily have to be classified as Group `D' properties, having no architectural and / or historical significance and be located on the outer periphery of the District boundary. Councillor J. Gazzola stated that the Civic Centre Neighbourhood is an important part of the community and expressed the opinion that designation would have a positive affect on properties within the District boundary by improving and preserving the neighbourhood for future generations. The Development and Technical Services Committee report was then voted on Clause by Clause. Clause 3 -Carried Unanimously on a recorded vote by all members present. Balance of report -Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Galloway "That the report of the Community Services Committee be adopted." Council considered a memorandum (M. Hildebrand), dated October 17, 2007, relative to Clause 6 of the report, dealing with approval of the Kingsdale Community Centre Business Case. The memorandum provided additional information relative to the section of the business case addressing community profile and growth projections. The Community Services Committee report was then voted on Clause by Clause. Clause 4 - Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the report of the Finance and Corporate Services Committee be adopted." Voted on Clause by Clause. Clause 5 -Dealt with under Delegations and Carried, as Amended. Balance of report -Carried. Moved by Councillor J. Gazzola Seconded by Councillor G. Lorentz "That the report of Heritage Kitchener be adopted." In respect to Clause 3 of the report, concerning withdrawal of the Notice of Intention to designate 72 Victoria Street South, Mr. L. Bensason provided clarification of the difference between designation of a property versus listing of a property on the Heritage Register. The Heritage Kitchener report was then voted on and Carried. Councillor G. Lorentz asked that matters concerning decisions of the Committee of Adjustment relative to the Fence By-law considered at the October 1, 2007 Council meeting and deferred and referred to the November 5, 2007 Development and Technical Services Committee meeting, be further deferred to the December 3, 2007 Development and Technical Services Committee meeting as several members of Council are unable to attend on November 5, 2007. COUNCIL MINUTES OCTOBER 22, 2007 - 264 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That notwithstanding Council's resolution of October 1, 2007, ratification of the decisions of the Committee of Adjustment relative to Fence Variance Applications, Submission Nos. FN 2007-007 (3 Mahogany Street), FN 2007-008 (501 Bridlewreath Court), and FN 2007-010 (78 Max Becker Drive), be deferred and referred to the December 3, 2007 Development and Technical Services Committee meeting, to allow further consideration of the broader issues of non-compliance corner fences and to receive a report from staff outlining options on how to deal with the matter." Carried. At the request of Acting Mayor B. Vrbanovic, staff was directed to report to a future Development and Technical Services Committee meeting on the use of LED lighting in the Downtown and other areas where feasible. At the request of Councillor K. Galloway, Traffic staff was directed to report to a future Development and Technical Services Committee meeting on options to address traffic issues in the area of Doon Mills Drive and Doon South Drive. Council previously gave first reading to two by-laws shown as Items 10 f) and g) on the agenda, concerning a name change and closure /conveyance of parts of Zeller Drive. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) To further amend By-law 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) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. (e) Being a by-law to assume certain lands within the City of Kitchener as a public highway. (h) Being a by-law to exempt certain lots from Part Lot Control -Blocks 5, 6, 7, 8, 9, 10, 12, 22, and Part of Block 19, Registered Plan 58M-364 -Old Zeller Drive (i) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1, 2, 3, 4 and 6, Registered Plan 58M-369 -Old Zeller Drive (j) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 2, Registered Plan 58M-290 - Templewood Drive. (k) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 52 to 62 inclusive, 124, 125, 128 to 131 inclusive and 134 to 139 inclusive, Registered Plan 58M- 426 - Parkvale Drive (I) Being a by-law to amend By-law 2007-138, a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (m) Being a by-law to provide for the establishing and laying out of part of Windale Crescent as a public highway in the City of Kitchener. (n) Being a by-law to change the composition of Kitchener City Council. COUNCIL MINUTES OCTOBER 22, 2007 - 265 - CITY OF KITCHENER (o) To confirm all actions and proceedings of the Council. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Acting Mayor B. Vrbanovic appointed Councillor G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Acting Mayor B. Vrbanovic occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor J. Smola Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law 88-170, being a by-law to prohibit unauthorized parking of motor vehicles on private property. tBy-law No. 2007-185) (b) To further amend By-law 88-171, being a by-law to designate private roadways as fire routes and to prohibit parking thereon. tBy-law No. 2007-186) (c) To further amend By-law 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. tBy-law No. 2007-187) (d) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs. tBy-law No. 2007-188) (e) Being a by-law to assume certain lands within the City of Kitchener as a public highway. tBy-law No. 2007-189) (f) Being a by-law to change the name of part of Zeller Drive to Old Zeller Drive in the City of Kitchener. tBy-law No. 2007-190) (g) Being a by-law to close and convey and to close and retain parts of the public highway known as Zeller Drive in the City of Kitchener. tBy-law No. 2007-191) COUNCIL MINUTES OCTOBER 22, 2007 - 266 - CITY OF KITCHENER (h) Being a by-law to exempt certain lots from Part Lot Control -Blocks 5, 6, 7, 8, 9, 10, 12, 22, and Part of Block 19, Registered Plan 58M-364 -Old Zeller Drive. tBy-law No. 2007-192) (i) Being a by-law to exempt certain lots from Part Lot Control -Blocks 1, 2, 3, 4 and 6, Registered Plan 58M-369 -Old Zeller Drive. tBy-law No. 2007-193) (j) Being a by-law to exempt certain lots from Part Lot Control -Part of Block 2, Registered Plan 58M-290 - Templewood Drive. tBy-law No. 2007-194) (k) Being a by-law to exempt certain lots from Part Lot Control -Part of Lots 52 to 62 inclusive, 124, 125, 128 to 131 inclusive and 134 to 139 inclusive, Registered Plan 58M- 426 - Parkvale Drive. tBy-law No. 2007-195) (I) Being a by-law to amend By-law 2007-138, a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. tBy-law No. 2007-196) (m) Being a by-law to provide for the establishing and laying out of part of Windale Crescent as a public highway in the City of Kitchener. (n) Being a by-law to change the composition of Kitchener City Council. (o) To confirm all actions and proceedings of the Council. tBy-law No. 2007-197) tBy-law No. 2007-198) tBy-law No. 2007-199) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned at 8:25 p.m. MAYOR CLERK COUNCIL MINUTES OCTOBER 22, 2007 - 267 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - 1. That Public Works Canada and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 -Construction Work, during the retaining wall work at the Federal Building, 15 Duke Street East, for weekends during the period of October 15 to December 3, 2007, only between the hours of 7:00 p.m. and 7:00 a.m. 2. That the Ministry of Transportation and its contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6 -Construction Work, during structural repairs on the KW Expressway overpass at Homer Watson Boulevard, for 2 consecutive weekends during the month of November 2007, only between the hours of 7:00 p.m. and 7:00 a.m. 3. That pursuant to subsection 41(1) of the Ontario Heritage Act, Legal Services staff be directed to prepare a by-law to designate as a Heritage Conservation District that part of the Civic Centre Neighbourhood area as identified in the map entitled "Recommended Heritage Conservation District Boundary -Civic Centre Neighbourhood Heritage Conservation District" attached as Appendix A to Development & Technical Services Department report DTS-07-151; and further, That the Civic Centre Neighbourhood Heritage Conservation District Plan, dated August 2007, prepared by Stantec Consulting Limited, Nexus Architects, Ecoplans, and Michael Baker Historian Inc., attached as Appendix B to Development & Technical Services Department report DTS-07-151, be adopted and constitute Council's intent with respect to the conservation of the Civic Centre Neighbourhood area. (Carried Unanimously on a recorded vote by all members present.) 4. That the City of Kitchener supports delegation of authority to Regional Council to select the Source Protection Committee member for the Region of Waterloo, in accordance with the approach outlined in Waterloo Region Report E-07-102, dated September 25, 2007, attached to Development & Technical Services Department report DTS-07-161. 5. That Development & Technical Services Department report DTS-07-163 (King Street and City Centre District Streetscape Master Plan -Project Update) be accepted as information; and, That staff continue with the master plan process and project schedule for King Street and the City Centre District, as outlined in that staff report ;and further, That on November 5, 2007, staff report to the Development & Technical Serviced Committee providing functional design drawings for King Street, a concept recommendation for Speakers Corner and a vision for the City Centre District. COMMUNITY SERVICES COMMITTEE - 1. That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the Church of St. John the Evangelist and The Incorporated Synod of the Diocese of Huron, granting approval for a scattering garden at the Church's municipal address of 23 Water Street North; and further, That Kitchener Council consents to a reduction in the Ministry of Consumer and Commercial Relations care and maintenance fund standard for new cemeteries from $100,000. to $5,000. for the scattering garden to be located at 23 Water Street North, Kitchener and has no objection on grounds of public interest to such reduction. 2. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a License Agreement Renewal (5 years) with Ontario Realty Corporation (formerly Hydro One Networks Inc.) relating to lands in the Forest Heights community, more particularly described as Part of Lot 37, German Company Tract, giving the City a license to use and allow the public to use those lands. COUNCIL MINUTES OCTOBER 22, 2007 - 26$ - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute a License Agreement Renewal (5 years) with Ontario Realty Corporation (formerly Hydro One Networks Inc.) relating to lands in the Victoria Hills community, more particularly described as Part of Lots 35 and 20, German Company Tract, giving the City a license to use and allow the public to use those lands. 4. That a one time general provision grant in the amount of $4,000., be approved to the Ahmadiyya Movement in Islam, to assist with expenses related to the 2007 World Religions Conference to be held at the University of Waterloo on November 24, 2007; and, That Conference organizers consider planning to hold the 2008 World Religions Conference in the City of Kitchener, with any potential grant request to be made well in advance of the date of that Conference; and further, That the World Religions Conference organizers be invited to attend the January 2008 Arts and Culture Advisory Committee meeting to report on the results of the 2007 Conference and provide additional information regarding their organization and its program. (Dealt with under Delegations and Carried, as Amended.) 5. That the updated Places to Play Campaign Cabinet report, as outlined in Community Services Department report CSD-07-090, be received. 6. That the Kingsdale Community Centre Business Case, presented by Monteith Brown Planning Consultants and Green Propeller Design, as attached to Community Services Department report CSD-07-089, be approved; and, That subject to future Council deliberations, the adaptive re-use of Patrick J. Doherty Arena be approved as the site for the Kingsdale Community Centre; and further, That subject to 2009 operating budget deliberations, staffing support for the Kingsdale Community Centre be approved. 7. That the detailed conditions for the four cornerstone deliverables, as outlined in Community Services Department report CSD-07-097, be included in the Request for Proposals (RFP) for a private management firm to operate the Kitchener Market; and further, That an RFP be issued subject to the satisfaction of the Director of Purchasing and the City Solicitor. FINANCE AND CORPORATE SERVICES COMMITTEE - 1. That the request of the Minor Bantam Boys AAA Junior Rangers Hockey Team to operate a barbecue at Grand River Arena, 555 Heritage Drive and Don McLaren Arena, 61 Green Street, at the Blueline Tournament on November 23 & 24, 2007 be approved, provided the necessary licence, including Health approval is obtained. 2. That the contract for the CIS consultant (John Little) be extended by 12 months to the end of 2008 to complete the system design requirements for Phase II of the Gas Distribution Access Rule (GDAR) Implementation. 3. That Option No. 3 attached to Corporate Services Department report CRPS-07-132, dated October 1, 2007, as amended to provide for Standing Committee meetings to be held on February 11, 2008 instead of the newly declared Statutory Holiday on February 18, be approved as the 2008 schedule of Council and Standing Committee meetings; and further, That the 2008 Council Budget day be moved from January 28, 2008 to February 4, 2008 to coincide with the regularly scheduled Council meeting of the same date. COUNCIL MINUTES OCTOBER 22, 2007 - 269 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. That the terms of reference for the Ward Boundary Review, attached to Corporate Services Department report CRPS-07-134, be approved; and further, That the approved terms of reference form the basis for a Request For Proposal to retain the services of a consultant to lead a public process, develop options and make final recommendations for Council's consideration. 5. That the fee per bingo event being charged to organizations conducting bingo in Kitchener be increased from $90. to $120. for licences coming into effect January 1, 2008. (Dealt with under Delegations and Carried, as Amended.) 6. That the Financial Report as of August 31, 2007 be received for information, as attached to Financial Services Department report FIN-07-115; and further, That staff be authorized to exceed the 60% portfolio limit for investment in Schedule I banks as outlined in Corporate Policy 1-605 (Investment Policy) until such time as the policy may be updated and approved by Council, but for a period of no more than six months. 7. That Chief Administrator's Office report CAO-07-048 (Creating a Culture of Safety for Kitchener: Future Search Summary and Next Steps), dated October 8, 2007, be received. HERITAGE KITCHENER - 1. That pursuant to Section 33(5) of the Ontario Heritage Act, the timeframe for formal consideration of Heritage Permit Application HPA 2007-IV-009 (307 Queen Street South) be extended to January 31, 2008 to provide additional time for the applicant to examine possible alternatives to replacing all of the building's window systems. 2. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-005 (541 Queen Street South) be approved to permit the alteration of the front porch of the existing building, in accordance with the design drawings considered at the October 2, 2007 Heritage Kitchener meeting. 3. That the notice of intent to designate 72 Victoria Street South under Part IV of the Ontario Heritage Act, be withdrawn, as outlined in Development and Technical Services Department report DTS-07-092; and further, That staff be directed to initiate proceedings to list 72 Victoria Street South as a non- designated property of cultural heritage value or interest on the Municipal Heritage Register, and report back to Heritage Kitchener by January 2008. 4. That pursuant to Section 42 of the Ontario Heritage Act, Heritage Permit Application HPA 2007-V-007 (24 Dill Street) be approved, subject to the exterior design details of the proposed addition including cladding and fenestration design and materials being considered and approved by the City's Heritage Planner. COUNCIL MINUTES OCTOBER 22, 2007 - 270 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - On motion by Councillor J. Smola, the by-laws as listed on the agenda this date were brought forward to be taken as read a second time and be recommended for enactment. Councillor J. Gazzola brought forward a subsequent motion to defer to the November 13, 2007 Council meeting consideration of the by-laws listed as Items 10 f) and g) and 13 f) and g), dealing with a street name change and road closure /conveyance of parts of Zeller Drive, pending additional information from staff concerning the conveyance of the lands. Councillor Gazzola's motion was voted on and LOST. The motion of Councillor J. Smola was then voted on and 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. Canadian Hearing Society -Request for Fundraising Bake Sale At the request of staff, it was agreed to amend the staff recommendation by removing the phrase `on October 23, 2007' and replacing it with `on a date between October 29 and November 2, 2007'. It was resolved: "That the request of the Canadian Hearing Society, Waterloo Region to hold a bake sale on a date between October 29 and November 2, 2007 at the Kitchener City Hall Rotunda be approved, provided the necessary licence, including Health approval, is obtained." 2. Various Tenders Dealt with under Delegations. 3. Committee of Adiustment Decision Council considered minutes and other background information from D. Gilchrist, Secretary-Treasurer, Committee of Adjustment, regarding a meeting held October 16, 2007. Councillor J. Gazzola referred to comments made by a member of the Committee of Adjustment that the application is in total violation of the new Sign By-law. Mr. A. Pinard, Manager, Long Range and Policy Planning, advised that the applicant requires a variance regardless of whether permitted under the old or new Sign By-law and the variance request was deemed to be minor in nature. It was resolved: "That the application of Concordia Club (Submission No. SG 2007-012 - 429 Ottawa Street South) requesting permission to add an automatic changing copy panel to an existing pylon sign that is located 16m (52.5') from a residential zone rather than the required 150m (492.13'), on Lots 20 & 26, and Part Lots 21, 23, 24, 25 & 27, Plan 791, 429 Ottawa Street South, Kitchener, Ontario, BE APPROVED." 4. Tag Dav Request - Roval Sea Cadets #94 WARSPITE Council considered correspondence from Ms. Ellen Bailey, Coordinator, K-W Navy League Branch, dated September 23, 2007, requesting permission to conduct Tag Days on December 14 & 15, 2007. COUNCIL MINUTES OCTOBER 22, 2007 - 271 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 4. Tag Dav Request - Roval Sea Cadets #94 WARSPITE - tCont'd) It was resolved: "That the request of the Royal Sea Cadets #94 WARSPITE to conduct Tag Days on Friday, December 14 and Saturday, December 15, 2007, at various locations, as outlined in correspondence from E. Bailey, dated September 23, 2007, be granted." 5. Offer to Purchase -Redundant Portions of Zeller Drive Council considered Corporate Services Department report CRPS-07-136 (L. MacDonald), dated October 17, 2007. It was resolved: "That the City accept an offer from Hallman Construction Limited to purchase redundant portions of Zeller Drive, adjacent to Registered Plan 58M-364 and described as Parts 130 to 145 inclusive and Parts 151, 153, 154, 155 and 156 on Reference Plan 58R- 15709, for $1.00 plus all costs incurred by the City to close and convey the affected parts of Zeller Drive; and further, That the Mayor and Clerk be authorized to execute any documentation in this regard required by and to the satisfaction of the City Solicitor."