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HomeMy WebLinkAboutCouncil Minutes - 2003-03-17 COUNCIL MINUTES MARCH 17, 2003 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 Victoria Whiteman, King School of Vocal. On motion by Councillor J. Smola, the minutes of the regular meeting held February 24, 2003, and special meetings held February 24 and March 3, 2003, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that pursuant to Section 25.$.9 (Council Procedure) of the Municipal Code, Councillor J. Smola disclosed a pecuniary interest at the in-camera meeting of City Council held March 17, 2003, in respect to a matter involving labour relations. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) (b) (c) Letter dated February 26, 2003, from Hon. Elizabeth Witmer, Minister of Education, acknowledging receipt of Council's resolution supporting the identification of the City's major transportation needs. Letter dated March 4, 2003, from T. Arnott, MPP, Waterloo-Wellington, expressing thanks for support of initiative to identify the City's major transportation needs. Letter dated March 5, 2003, from Hon. John Baird, Minister of Energy, acknowledging receipt of Council's resolution and certificate affirming that Kitchener-Wilmot Hydro Inc. continue to operate on a for-profit basis. Mayor C. Zehr noted that this is the last Council meeting Mr. Bob Pritchard, Deputy Chief Administrative Officer, will attend prior to his retirement. Mayor Zehr acknowledged the dignity and expertise with which Mr. Pritchard performed varying duties over the span of his 38 year career, most notably as the former General Manager of Corporate Services and City Clerk. Mr. Pritchard responded that it was an honour and pleasure to have served the community in his professional capacity and expressed appreciation for the opportunities extended to him during his tenure. He acknowledged Council and colleagues that he has been associated with, commenting that friends and fond memories will carry with him into this next phase of life. Members of Council and those in attendance then stood in recognition of Mr. Pritchard and wished him well. Mr. G. Stewart introduced Mr. Robert Shamess recently appointed as Director of Engineering and commented on the professional expertise he brings with him to the Corporation from his prior experience in the private sector, as well as with the City of Hamilton. Members of Council and those in attendance welcomed Mr. Shamess to the Corporation. 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 pointed out that in both tenders T02-079 (Supply of Gas Meters) and T03-005 (Lydia Street Reconstruction), the bid awarded is less than the budget set aside for the project and questioned what would become of the surplus funds. Mr. Gordon pointed out that funding for gas meters is an ongoing account to provide for future purchases and any funds remaining following completion of the Lydia Street Reconstruction project would be returned to the Capital Surplus account for use in other projects. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That Tender T02-079, Supply & Deliver Rotary Gas Meters, be awarded as follows: · Items 1, 2, 4, 5, 6, 8, 10, 12, 13, 14, 15 to Romet Limited, Mississauga, at their tendered price of $165,347., including G.S.T. & P.S.T; · Items 3, 7, 9, 11, to DI Canada, Inc., Mississauga, at their tendered price of $45,850., including G.S.T. & P.S.T." - and - "That Tender T03-005, Lydia Street (Frederick Street to Krug Street) & Bingeman Street (Lydia Street to East Avenue) Road Reconstruction, be awarded to J. Weber Contracting Limited, COUNCIL MINUTES MARCH 17, 2003 - 79 - CITY OF KITCHENER Breslau, at their adjusted tendered price of $1,095,489.01, including contingencies of $108,580.00 and G.S.T.; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Expression of Interest E03-009, Consultant Services - Doonbrook Place (Doon Valley Drive to End) Watermain Replacement, be awarded to Planning & Engineering Initiatives Ltd., Kitchener at their estimated fee of $25,810.20, including a contingency of $2,206.00 and G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That a standard engineering agreement be executed." Carried. Mr. Mark Nash, Director, The Canadian Peregrine Foundation, attended in support of Item B.8 of the Committee of the Whole agenda of this date, concerning a request for City participation in the 2003 Peregrine Hack Release and Tracking Project. He advised that the Foundation is a registered non- profit group, established in 1996 for the purpose of facilitating the recovery and rehabilitation of endangered and threatened raptor species in Canada for release back into the wild. Mr. Nash displayed 'Qetesh', a senior peregrine falcon retired from the Canadian Wildlife Federation captive breeding program who acts as the Foundation's mascot and has been used extensively in fundraising / educational programming. He commended the City of Kitchener for its past support of the hack box program and asked that the City once again host a peregrine family by permitting the Foundation to place a hack box on the roof of City Hall from May - November, 2003. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That subject to the Canadian Peregrine Foundation providing a current Certificate of Insurance, the City of Kitchener participate in the 2003 Peregrine Hack Release and Tracking Project; and, That the Foundation be permitted to place a peregrine hack box on the roof of Kitchener City Hall from early May, 2003 until approximately October 31, 2003, with the City providing in-kind services in the form of installation and dismantling of the hack box; and further, That Corporate Communications and Marketing assist with public relations and promotions for the project." Carried. Ms. Shelley Adams attended with respect to presentations to be made to winning entries of the Diversity Beacon Statement contest undertaken by the Community Inclusion Group. She commented that the organizations and individuals involved with the Group share a vision of a community that is fully inclusive, accessible and safe, and views diversity as a strength. She pointed out that contestants were asked to submit a word, phrase or sentence that said; regardless of our differences, all belong and the community is richer for its diversity. Ms. Adams advised that approximately 100 entries were received from which a selection panel chose four finalists. Mayor C. Zehr acknowledged representatives of the Group consisting of each of the three area cities, the Region of Waterloo, both School Boards, Waterloo Regional Police Services, Kitchener Downtown Business Association, Wilfrid Laurier University, Cameron Heights Collegiate, the Multicultural Centre, The Record, Crosscultures Magazine, K-W Barrier Free Committee representative and numerous community individuals. Mayor Zehr, Ms. Lynn Haddrall, Editor of The Record, and Ms. Kay Crawford, City of Kitchener, then presented gifts of appreciation to the following individuals for their winning entries: · Ms. Anna Marie Cipriani - Waterloo "United In Our Diversity" COUNCIL MINUTES MARCH 17, 2003 - 80 - CITY OF KITCHENER · Ms. Donna Anderson -Waterloo "Make A Difference - Applaud Our Diversity" Ms. Genevene MacLeod - Cambridge (Preston High School) "Embrace Our Diversity - The Essence Of Community" "Celebrate Diversity - Everyone Is Someone" Ms. Lynn Haddrall congratulated all those involved in the project and stated that The Record was pleased to have been a sponsor and active participant. She encouraged continued dialogue on the subject of inclusion and celebration of diversity. Mayor C. Zehr also extended appreciation to all those involved and encouraged those interested to contact the City for information on how to use the Beacon Statements. Ms. Kim Kugler attended with respect to presentations to be made to the 2003 Scott Tournament of Hearts Executive Committee in recognition for their work in successfully organizing the Canadian Women's Curling Championship. Mayor C. Zehr and Councillor G. Lorentz presented plaques depicting Victoria Park Lake to the following members of the 2003 Scott Tournament of Hearts Executive Committee: · Mr. Jerry Finnen, President · Ms. Audrey Cook, Honourary Past Chair · Mr. Bob Cheyne, Event Co-ordinator · Mr. Andy Henry, Sponsorship Administrator · Mr. Don Lidstone, Vice-President- Facilities · Ms. Deb Salonen, Vice-President - Special Events and Volunteers · Ms. Barb Sutherland, Vice-President - Heartstop Lounge · Ms. Cynthia Roth, Vice-President- Hosting · Mr. Terry Reidel, Vice-President - Finance Mayor C. Zehr advised that one other member of the Executive Committee, Mr. Rich Hodgson, Vice- President - Business, was unable to attend this evening. Mr. Jerry Finnen expressed appreciation for the recognition given to the Executive Committee, who were well deserving having achieved the third highest attendance ever recorded for this event. Mr. Finnen then presented Ms. Kim Kugler, Manager of the Kitchener Memorial Auditorium Complex, and Mr. Keith Baulk, Director of Enterprise, with token Bavarian hats adorned with collections of pins distributed at the event, in recognition of their outstanding support and assistance to the Executive Committee. Mr. Finnen also thanked City administration and Council for its foresight and vision in undertaking recent upgrades to the Auditorium and advised that the upgrades have ensured that this event will be held again in Kitchener within a short period of time. He then presented a commemorative plaque of the 2003 Scott Tournament of Hearts Canadian Women's Curling Championships for placement in the Auditorium Complex. Mayor C. Zehr assured that the plaque would be placed appropriately within the Auditorium and also extended recognition to more than 700 community volunteers who were an integral part of the success of this event. Ms. Kugler presented an update on the status of the Kitchener Memorial Auditorium Complex (KMAC) upgrades and financial targets that have been achieved one month after completion of the project. She pointed out that the KMAC is renowned as one of Ontario's premier sports and entertainment venues and to remain competitive, Council made a strategic decision to invest in the upgrades. These included a new restaurant, 25 new corporate suites, a new concourse lounge and bar area, larger concessions, a Williams Coffee Pub and new dressing rooms. She pointed out that staff also worked extensively with area residents on exterior improvements which included landscaping and a new parking access to address traffic safety issues. Ms. Kugler stated that the success of the upgrades is evidenced by the financial targets achieved within one month of completion of the project which include: 100% suites leased; 75% restaurant seating sold; 100% inner arena advertising sold; 69% increase in user spending per capita; and increased beverage sales. She noted that the upgrades have been completely self-financing and the increased revenue has contributed to non-revenue producing improvements such as paving, lighting, air-conditioning and dressing rooms. She further noted that the Kitchener Rangers were inspired by the upgrades to purchase a new video score clock which has further enhanced the ability to showcase events. She commented that in the last year alone, the building's profile has increased to Provincial, National and Global levels by attracting quality events such as the Scott Tournament of Hearts and these events have generated substantial benefits to the community. Ms. Kugler acknowledged all those who were COUNCIL MINUTES MARCH 17, 2003 -81 - CITY OF KITCHENER involved with this project, thanking them for helping to enhance the reputation of the facility and provide the community with a living legacy. Mayor C. Zehr and Councillor G. Lorentz then presented Ms. Kim Kugler and Mr. Keith Baulk with framed prints of Victoria Park Lake in recognition of their excellence in facilitating the rejuvenation of the Auditorium to a state-of-the-art facility. Councillor M. Galloway also extended his appreciation to staff for their dedication to this project as demonstrated by the financial returns achieved. Councillor J. Gazzola noted that he had intended to raise issues of concern in discussion with Mr. Steve Bienkowski, Kitchener Rangers Hockey Club, who was registered as a delegation this evening with respect to the Auditorium renovations. Mayor C. Zehr advised that he had been notified earlier that Mr. Bienkowski was unable to attend. Councillor Gazzola acknowledged the excellence of the Auditorium facility, as well as the efforts of staff in completing this project and while his comments would be of a differing view, he stressed that they were not intended to take any recognition away from staff. He stated that he had never been in favour of all of the expansion project and was not in agreement with the priority status it had been given. He expressed the opinion that while the project has had success, the community should be made aware of the financial costs and impact to the taxpayer. Councillor Gazzola noted that the renovations cost approximately $8M of which $7.2M is to be debentured over a period of 15 years which will require revenues upwards of $700,000. per year to meet the annual debt. He further pointed out that annual subsidy amounting to $1.2M is required to maintain the facility over and above the debt accrued for the renovations, and questioned the appropriateness of undertaking additional debt at this time. Councillor B. Vrbanovic expressed strong disappointment with the remarks of Councillor Gazzola, commenting that this project had been supported by both current and past administrations. Councillor Vrbanovic pointed out that the decision to proceed had been based on sound fiscal management; the upgrades not only proved to be self-financing, they have also financed additional improvements that otherwise would have been paid for by the taxpayer; and, at the conclusion of the debenture period, the additional revenues will provide opportunity to decrease subsidization. Mayor C. Zehr agreed and in reassurance to the public clarified that the project had been paid for outside of the tax base. He again thanked staff and encouraged them to continue their efforts. Mr. David Lippert attended on behalf of residents of Wood Street regarding Clause 5 of the Development and Technical Services Committee report of this date, concerning a proposed 'Permit Only Parking' program for the St. Mary's and Grand River Hospital areas. Mr. Lippert pointed out that Wood Street residents were originally of the understanding that a section of their street between Park and York Streets would be included in the Grand River Hospital area permit program. However, they had since been notified that as a result of a neighbourhood survey indicating a majority of residents were opposed, this section of Wood Street was no longer to be included. He advised that in discussing the issue with City staff and Councillor C. Weylie it was determined the neighbourhood survey had been flawed as many Wood Street residents had not been contacted. He noted that City staff then undertook a personal survey of all affected residents by telephone, in addition to two residents undertaking another survey. The end result was that a majority of Wood Street residents were, in fact, in favour of the program and he requested that the section of the street between Park Street and York Street be included. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That Clause 5 of the Development and Technical Services Committee report of this date be adopted." Councillor C. Weylie advised that she was in agreement with the comments of Mr. Lippert concerning results of the new survey and extended an apology to the residents of Wood Street for the misunderstanding. She pointed out that the results also indicated that residents of Mt. Hope Street, between Park and York Streets, were also in favour of the program. She further advised that residents of Wood Street have undergone numerous surveys and parking changes in the past and have asked that their area not be subjected to change for the considerable future. On motion by Councillor C. Weylie, seconded by Councillor M. Galloway, it was agreed to amend Clause 5 (B) of the Development and Technical Services Committee report to include the sections of Wood Street and Mt. Hope Street between Park Street and York Street. COUNCIL MINUTES MARCH 17, 2003 - 82 - CITY OF KITCHENER Mr. Allan Poyntz, a resident of Binscarth Road, also attended with respect to Clause 5 of the Development and Technical Services Committee report concerning the St. Mary's Hospital area and advised that he owned a legal non-conforming multi-residential dwelling. He stated that he did not receive notification of the 'Permit Only Parking' proposal or a copy of the original survey and only became aware of the issue as a result of receiving a copy of the new survey. He advised that he had responded in opposition as he believed expansion of the St. Mary's Hospital parking lot would reduce parking problems associated with on-street parking by hospital employees and time should be given to assess its impact. He further had concern with multi-residential dwellings not being eligible to receive Residential Visitor Parking Permits. He pointed out that as an owner of a non-conforming dwelling, he is unable to conform to current parking standards and cannot accommodate visitor parking on site. Accordingly, he requested on behalf of himself and the owner of a neighbouring legal non-conforming property, that the proposal for permit parking not be accepted until equal provision is made with respect to legal non-conforming multi-residential dwellings. In response to questions, Mr. Poyntz advised that he was living at the subject residence at the time the original survey is dated but did not receive it. Councillor C. Weylie pointed out that only single family households had been circulated as it had not been the intent to include multi-residential dwellings in the permit program. Mr. Ken Carmichael confirmed that only single residential households were surveyed, as it was assumed multi-residential dwellings either do or should have visitor parking on site and parking complaints had only been received from single residential households. He pointed out that a number of highrise apartments are located in the affected areas and to consider providing parking permits to these establishments would further add to on-street parking problems. He agreed, however, that small legal non-conforming multi-residential dwellings such as that owned by the delegation could be considered for eligibility. He suggested that the difference between the number of existing parking spaces on the subject site and what would be required to conform with current parking regulations be used to derive the number of parking permits the property would be eligible to receive. Councillor G. Lorentz requested that the two legal non-conforming multi-residential dwellings on Binscarth Road be included in the motion to permit them to be eligible to receive parking permits on the basis outlined by Mr. Carmichael. Councillor C. Weylie expressed the opinion that if an exception is to be made, all legal non-conforming multi-residential dwellings should be treated equal and included. Councillor Lorentz suggested that the motion go forward with the two properties in question and additional sites could be dealt with as and when problems arise. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, it was agreed to amend Clause 5 of the Development and Technical Services Committee report to include provision for legal non-conforming multi-residential households located at 147 and 152 Binscarth Road to be provided, on an annual basis, with Residential Visitor Parking Permits equivalent to the difference between the number of existing parking spaces on the subject site and what would be required to conform with current parking regulations. Clause 5 of the Development and Technical Services Committee report, as amended, was then voted on and Carried. Mr. Joel Klassen attended to present a petition signed by community residents in opposition to Canadian participation in current economic sanctions and impending war against the country of Iraq. The petition was received and the delegation circulated a copy of a proposed resolution outlining reasons for, and declaration of, opposition to Canadian participation in any form with respect to either war or continued enforcement of sanctions against Iraq. Mr. Klassen raised questions of the legality of the United States (US) approach to the escalation of war outside United Nations (UN) sanction. He stated that the US is proposing aggression against a country that poses no immediate threat and advised that many communities across the US, in other countries and in Vancouver, British Columbia, have endorsed a similar resolution. He further pointed out that while the Canadian government has declared it does not support war without UN sanction, the country is actively participating in sanctions against Iraq and is cooperating with plans for war by positioning Canadian military in the Persian Gulf. He commented on alleged devastation caused by sanctions which are believed to have led to substantial civilian deaths within Iraq. In response to Councillor J. Gazzola, Mr. Klassen advised that he did not have specific numbers relating to polls of Kitchener residents; however, those organizing public events in the Region to promote opposition to the war have received good response from the community. COUNCIL MINUTES MARCH 17, 2003 - 83 - CITY OF KITCHENER Councillor B. Vrbanovic advised that while he understood the gravity of the situation and points raised by the delegation, he was of the opinion that the proposed resolution concerns broader issues. He suggested that Council could make a statement in support of the Canadian government's stance against war without UN sanction. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Smola "WHEREAS the imminent threat of war is a concern for many residents of the City of Kitchener and for all Canadians within our multicultural mosaic; and, WHEREAS Canada has a rich history of a proud military that has served this country in both the preservation of democracy and in the pursuit of peace; THEREFORE BE IT RESOLVED that the City of Kitchener supports the Canadian government in continuing to both play a significant leadership role in attempting to achieve a peaceful resolution to the situation in Iraq and in maintaining its position that any military action against Iraq must occur under the auspices of the United Nations; and, BE IT FURTHER RESOLVED that this Council urge our American municipal counterparts through the US League of Cities to urge their federal government to consider this resolution; and, BE IT FINALLY RESOLVED that this resolution also be shared with the Federation of Canadian Municipalities, the Prime Minister, and local MPs." Councillor B. Vrbanovic's motion was then voted on and Carried Unanimously. Mr. John Tennant, CEO of Canada's Technology Triangle (CTT), attended to make a presentation respecting the CTT's 2003 Business Plan, copies of which were distributed this date. Mr. Tennant advised that the CTT is a not-for-profit organization of public and private economic development partnerships, whose mandate is to market the Region of Waterloo and local municipalities to the world; and whose vision is to position the CTT as a leading location in the world for investment, and to attract the most innovative businesses, entrepreneurs and talent. During his presentation he touched on the importance of economic regions in fostering global investment competition; reference studies and comparative ratings of the Region to other major urban areas within and outside Canada; and, priority sectors and markets. Highlights of the 2003 Business Plan strategies include: targeted investment prospecting; focus on technological and training excellence of post-secondary institutions; sectoral initiatives in the fields of information / communication technology and bio-technology; capitalize on growing interest in the Region by the realty and property development community; promotional awareness; and development of an informative, user friendly, website. In response to Councillor J. Gazzola, Mr. Tennant commented that the issue of targeted investment prospecting will be an important goal for CTT and by aligning with the Region's educational institutions to develop high quality technological programs, it is hoped that the area will be able to offer the best and brightest employment pool to leading edge businesses. Council was in receipt this date of a letter dated March 17, 2003 from Mr. Richard Haalboom with regard to Clauses 5 and 6 of the Heritage Kitchener report of this date, dealing with Heritage Permit Applications submitted by Monarch Construction Limited for properties known municipally as 14 and 18 Buerkle Court in the Upper Doon area. Attached to the letter is a copy of Ontario Superior Court of Justice File No. C-434/02 (Applicant's Factum). Mayor C. Zehr noted that Mr. Haalboom had previously registered to speak to his concerns but was not in attendance. It is noted in the letter that Mr. Haalboom contends that the underlying plan of subdivision for the lots upon which the proposed homes will be constructed contradicts the City's By-law No. 88-17 and Official Plan. Mr. Grant Vickers attended to raise several concerns respecting the proposed widening of Pioneer Drive in the area of Homer Watson Boulevard; Iow income housing related to the Centre Block proposal; and restaurant inspections. Mayor C. Zehr advised that he would have his staff contact Mr. Vickers with information on the status of the Pioneer Drive widening project and that his questions regarding restaurant inspection should be directed to the Waterloo Regional Health Unit. Mayor Zehr also advised that while a previous process related to the Centre Block has been discontinued, the City is continuing to look at alternatives for development within the Block. COUNCIL MINUTES MARCH 17, 2003 - 84 - CITY OF KITCHENER Mr. Jeff Willmer attended to make a presentation respecting Development and Technical Services Department report DTS-03-004, dated March 7, 2003, dealing with the City's response to the Regional Growth Management Strategy (RGMS), Waterloo in the 21st Century - Planning Our Future: Phase 2. He advised that the report is being tabled at this time for information purposes, to be followed by opportunity for public input and full debate of the issue at the March 24, 2003 Development and Technical Services Committee meeting. It was also noted that it is anticipated Council will make a final decision on the matter at its March 31, 2003 meeting and Regional Council is scheduled to consider a final report in May. Mr. Willmer stated that the purpose of the RGMS is to identify when, where and how future growth should occur and does not necessarily mean expansion. He reviewed three preliminary concepts developed under Phase 1 of the strategy process identified as Dispersed, Concentrated and Balanced. The focus of Phase 2 has been on the Balanced approach and two options, Moderate and Intensive Re-urbanization, have been developed to demonstrate how a Balanced approach could be achieved. He pointed out that both options favour intensification with limited greenfield development, which will make more efficient use of existing infrastructure as well as reduce per capita operating costs. It will also give competitive advantage to infill and brownfield developments by limiting opportunity for new housing stock in greenfield areas. He commented that the City will have to look at initiatives and incentives to encourage intensification, adaptive re-use and redevelopment opportunities and enhance its working relationship with the Region to promote intensification in the Downtown core. The strategy will also have to have a balanced approach between transit initiatives and new and existing transportation infrastructure, particularly as it relates to the Breslau area and southwest Kitchener. Mr. Willmer advised that staff support the Balanced approach to the RGMS and in particular, the Moderate Re-urbanization option, which will greatly benefit the City and its Downtown core. Moved by Councillor C. Weylie Seconded by Councillor M. Galloway "That the report of the Development and Technical 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 B. Vrbanovic Seconded by Councillor M. Galloway "That the report of the Finance and Corporate Service Committee be adopted." Councillor B. Vrbanovic referred to Clause 5 of the report dealing with the Centre Block proposal and requested that subclause b) with the support of a seconder, be amended to designate the Library representatives as the Chief Executive Officer of the Library and the Chair of the Library Board. Councillor J. Gazzola requested that Clause 5 be dealt with separately and raised concern that the concept of a central library has become the main focus for the Centre Block. He expressed the opinion that by appointing representatives of the Library to the Steering Committee, it gives the appearance that a decision has already been made. He stated that he was of the understanding that the next stage would be to study different concepts with a preference toward private sector involvement and pointed out that there is no funding in the Capital budget for a new library. In response to Councillor M. Galloway, Mr. F. Pizzuto advised that the library concept is only one option that the Steering Committee intends to investigate and will continue to seek other development options. He further advised that the Steering Committee will bring forward a work plan for consideration at the March 24, 2003 Finance and Corporate Services Committee meeting. Councillor B. Vrbanovic commented that representatives of the Library need to be part of the process to ensure all information is brought to the table and issues fully researched. Councillor J. Gazzola suggested that input could be received from the Library without having representatives on the Steering Committee and encouraged an open-mind approach to development options. Councillor G. Lorentz expressed the opinion that regardless of the proposal, the final decision will be made by Council with respect to redevelopment of the Centre Block and he had no objection to the Library's COUNCIL MINUTES MARCH 17, 2003 - 85 - CITY OF KITCHENER participation. Mayor C. Zehr commented that it was at the suggestion of the consultants that a public / private concept be pursued to encourage private sector involvement. The report was then voted on Clause by Clause. Clause 5b) - A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors C. Weylie, M. Galloway, B. Vrbanovic, G. Lorentz and J. Smola. Contra: Councillor J. Gazzola Motion Carried, as Amended. Balance of Clause 5 - Carried. Balance of report - Carried. Moved by Councillor M. Galloway Seconded by Councillor B. Vrbanovic "That the report of Heritage Kitchener be adopted." Councillor M. Galloway requested that Clause 1 of the report dealing with a heritage designated property at 31 Young Street (John Forsyth Factory) be dealt with separately. He advised that this recommendation was previously deferred at the Council meeting of May 27, 2002 pending consideration of the subject property within the context of proposed redevelopment of the Centre Block. Councillor B. Vrbanovic suggested that it was premature to consider the recommendation at this time as the Centre Block Steering Committee has been mandated this date to continue its investigation and explore a broader range of options. On motion by Councillor B. Vrbanovic, Seconded by Councillor C. Weylie, it was agreed to defer and refer Clause 1 of the report to a future meeting for consideration within the context of proposed redevelopment of the Centre Block. Councillor J. Gazzola requested that Clauses 5 and 6 be dealt with separately. In light of correspondence received earlier this date from Mr. Richard Haalboom concerning the Heritage Permit Applications by Monarch Construction for the properties at 14 and 18 Buerkle Court, Councillor Gazzola suggested that the matter be deferred to allow Mr. Haalboom an opportunity to present his concerns to Council. In response to Mayor C. Zehr, Mr. J. Willmer advised that delaying consideration will affect building permits which are ready to be issued and pointed out that the concerns raised in Mr. Haalboom's correspondence are similar to those already received and considered by Council concerning these matters. A motion by Councillor J. Gazzola to defer and refer Clauses 5 and 6 of the report to the March 24, 2003 special Council meeting to allow Mr. Haalboom an opportunity to present his concerns to Council was not voted on as it did not receive a Seconder. The Heritage Kitchener report was then voted on Clause by Clause. Clause 1 - Action deferred and referred to a future meeting for consideration within the context of proposed redevelopment of the Centre Block, King Street East from Ontario Street to Young Street. Clauses 5 & 6 - Carried. Balance of report - Carried. Mayor C. Zehr advised that Regional Council recently forwarded a recommendation to the Provincial Government concerning the Beaubien Report on Property Assessment and Classification which COUNCIL MINUTES MARCH 17, 2003 - 86 - CITY OF KITCHENER recommends no action be taken at this time to eliminate the multi-residential property class or to implement mandatory graduated tax rates for the commercial class. In response to Councillor J. Gazzola, Mayor C. Zehr commented on the Region of Waterloo's decision to terminate its contract for administration of Ontario Works dental services. He advised that responsibility for the administration will be assumed by Regional Public Health and while a slight increase in the cost to process claims is anticipated, streamlining the process will provide better customer service. Mayor Zehr stated that initially he was not in favour of proceeding outside the proposal call process; however, following public input from representatives of the dental industry and review of information provided by staff, he was satisfied that a proposal call would have no valuable purpose. Councillor G. Lorentz referred to a recent newspaper article concerning Regional roads considered to be safety hazards by the community. In particular, he referred to the section of Highland Road West, between Fischer-Hallman Road and Westmount Road, which does not meet warrant standards that would require widening of the road but noted that avoidance may be reason for warrant criteria not being met. Mayor C. Zehr agreed that this stretch of roadway poses a traffic safety hazard and advised that he would raise this issue with the Region. Councillor G. Lorentz raised concern with the lack of dialogue between Regional Councillors at large and City Councillors, pointing out that both represent the same constituents and suggested the current separated Council system of government is not working. Mayor C. Zehr agreed that better communication is needed and suggested an informal discussion take place between the two levels of Council representation. Councillor M. Galloway suggested that staff prepare a report for future consideration to provide alternatives that could be used to open dialogue with MPPs and other Provincial Government agencies concerning this issue. Councillor B. Vrbanovic pointed out that the Province has made its position clear that resolution to governance issues must take place locally and was not in favour of taking staff time to prepare a report on issues that have already been considered and will require the political will to deal with. Councillor J. Gazzola raised concern with comments made in a recent newspaper article concerning donations to his 2002 by-election campaign and expressed disappointment that his integrity was called into question. He stated that he was aware of, and had fully adhered to the rules and regulations governing election campaign financing. He commented that campaign fundraising is an important part of the democratic process and raised concern that this kind of reporting will negatively impact any candidate's ability to obtain financial support during future campaigns. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) 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. (b) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (c) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (d) 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. (e) Being a by-law to exempt certain lands from Part Lot Control - Lot 405, Registered Plan 1426 - Meadow Woods Crescent. Being a by-law to amend By-law No. 2001-66 to extend the time period for exemption from Part Lot Control on Part Lot 1 and Part Blocks 6, 11, 12 and 13, Registered Plan 1831; Part Blocks 2, 3, 5, 6 and 9, Registered Plan 1832 and Part Block 1, Registered Plan 1834 - Rush Meadow Court and Marl Meadow Crescent. COUNCIL MINUTES - 87 - MARCH 17, 2003 CITY OF KITCHENER (g) Being a by-law to provide for the establishing and laying out of part of Apple Ridge Drive as a public highway in the City of Kitchener. (h) Being a by-law to adopt Amendment No. 47 to the Municipal Plan - City of Kitchener - Community Improvement Area. (i) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff. (j) 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 Mayor C. 7ehr appointed Councillor J. Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. 7ehr occupied the Chair. 5. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) 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. 2003-43) (b) To further amend By-law No. $$-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2003-44) (c) To further amend By-law No. $$-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2003-45) (d) To further amend By-law No. $$-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. 2003-46) (e) Being a by-law to exempt certain lands from Part Lot Control - Lot 405, Registered Plan 1426 - Meadow Woods Crescent. (By-law No. 2003-47) (f) Being a by-law to amend By-law No. 2001-66 to extend the time period for exemption from Part Lot Control on Part Lot 1 and Part Blocks 6, 11, 12 and 13, Registered Plan MARCH 17, 2003 (g) (h) (i) COUNCIL MINUTES - 88 - CITY OF KITCHENER 1831; Part Blocks 2, 3, 5, 8 and 9, Registered Plan 1832 and Part Block 1, Registered Plan 1834 - Rush Meadow Court and Marl Meadow Crescent. (By-law No. 2003-48) Being a by-law to provide for the establishing and laying out of part of Apple Ridge Drive as a public highway in the City of Kitchener. (By-law No. 2003-49) Being a by-law to adopt Amendment No. 47 to the Municipal Plan - City of Kitchener - Community Improvement Area. Being a by-law to amend Chapter 101 respecting the Appointment of Staff. (By-law No. 2003-50) of the City of Kitchener Municipal Code (By-law No. 2003-51) d) To confirm all actions and proceedings of the Council. (By-law No. 2003-52) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. Mr. Jeff Fielding, Chief Administrative Officer, addressed Council on behalf of all employees of the Corporation to point out that staff do not necessarily understand the subtleties and nuances of political arguments that take place on the floor of Council but do understand a job well done. He commented on the importance of recognition, asking that Council applaud their successes as well as point out things they see that could be done better. More importantly, he requested Council to always show respect for their employees and to uphold their respect during debate on the floor of Council. On motion, the meeting adjourned at 10:35 p.m. MAYOR CLERK COUNCIL MINUTES MARCH 17, 2003 - 89 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - That Schedules 1 ("No Parking") and 10 ("Through Highways") of the Uniform Traffic By-law be amended to reflect the following list of roadways that have been cul-de-saced south of Weber Street due to the permanent closure of old King Street necessitated by the Highway 8 widening: · RossAvenue · Arlington Boulevard · Wilfred Avenue · FergusAvenue · DellroyAvenue · new KinzieAvenue That subject to the satisfaction of the City Solicitor, the Mayor and Clerk be authorized to execute an Amending Agreement, with MuirTec Inc. regarding certain amendments (including fees) to the Professional Consulting Services Agreement entered into with MuirTec Inc. dated November 25, 2002 for the provision of consultant/engineering services for the Margaret Avenue Bridge Evaluation and Rehabilitation, as set out in Development & Technical Services Department report DTS-03-031. That the normal procedure for the selection of consultants be waived and Stantec Consulting Limited be retained, as the City's Engineering Consultant to undertake an Environmental Assessment, Middle Strasburg Creek On Line Flood Control Structure (Weir), required for the development of Activa-Huron Subdivision 30T-01201 as well as upstream lands, at their upset fee of $19,275.00 (excluding G.S.T.). That Strategic Services Department report SSD-03-005 (City of Kitchener Lure Brochure/Direct Mail Campaign) be received. That the following sections of roadways in the St. Mary's Hospital area implement the 'Permit Only Parking' program, as outlined in Development and Technical Services Department report DTS-03-037: Belmont Avenue West - Marlborough Avenue to Queens Boulevard North Drive - Marlborough Avenue to Queens Boulevard Patricia Avenue - Highland Road West to Spadina Road West Van Camp Avenue - Highland Road West to Spadina Road West Garden Avenue - Highland Road West to Spadina Road West Spadina Road West - Belmont Avenue West to Patricia Avenue Belmont Avenue East- Queens Boulevard to South Drive South Drive - Queens Boulevard to Belmont Avenue East Barclay Avenue - Queens Boulevard to Glen Road Pleasant Avenue - Queens Boulevard to Glen Road Binscarth Road - Barclay Avenue to Pleasant Avenue Glen Road - South Drive to Pleasant Avenue Rex Drive - Queens Boulevard to Glen Road Marlborough Avenue - Belmont Avenue West to North Drive; and, That the St. Mary's Hospital area 'Permit Only Parking' program be in effect during the hours of 8:00 a.m. to 8:00 p.m. daily; and further, That existing parking regulations be maintained during evening hours after 8:00 p.m. daily, including parking on both sides of Patricia Avenue. That the following sections of roadways in the Grand River Hospital area implement the 'Permit Only Parking' program, as outlined in Development and Technical Services Department report DTS-03-037: York Street - Union Boulevard to west limit York Street - Union Boulevard to Mount Hope Street Gildner Street - Park Street to York Street Wood Street - Park Street to York Street Mt. Hope Street - Park Street to York Street; and, COUNCIL MINUTES MARCH 17, 2003 - 90 - REPORTS ADOPTED BY COUNCIL DEVELOPMENT & TECHNICAL SERVICES COMMITTEE - (CONT'D) 5. Cont'd CITY OF KITCHENER That the Grand River Hospital area 'Permit Only Parking' program be in effect during the hours of 8:00 a.m. to 6:00 p.m., Monday to Friday; and further, That existing parking regulations be maintained during evening hours after 6:00 p.m., Monday to Friday and all day on weekends. That the existing on-street parking regulations in the Freeport Hospital area remain in place. That each single family household residing on the roadways recommended to implement the 'Permit Only Parking' program be provided, on an annual basis, with two (2) Residential Visitor Parking Permits at no cost to the residents; and, That notwithstanding the above, 2 legal non-conforming multi-residential households, located within the St. Mary's Hospital area 'Permit Only Parking' program, known municipally as 147 and 152 Binscarth Road be provided, on an annual basis, with Residential Visitor Parking Permits equivalent to the difference between the number of existing parking spaces on the subject site and what would be required to conform with current parking regulations under the City's Zoning By-law; and further, That all eligible households be advised that any abuse of the program will result in Residential Visitor Parking Permits being revoked and not replaced. That the Uniform Traffic By-law be amended accordingly. That the 'Permit Only Parking' programs in the hospital areas be monitored, with any serious problems reported immediately to the Development and Technical Services Committee; and full review of the programs be undertaken within one year of implementation. (Dealt with under Delegations and Carried, as Amended) FINANCE AND CORPORATE SERVICES COMMITTEE - That with regret, the resignations of Rahim Akabakhsh, Fred Bishop and Nathan Hallman from the Safe and Healthy Community Advisory Committee be accepted; and, That new members to fill the three vacancies be appointed from the list of interested individuals submitted to the Committee Co-Chairs; or failing this, staff be instructed to advertise to fill these vacancies. That a member of the Safe and Healthy Community Advisory Committee not be appointed to the Youth Opportunities Plan Committee; and further, That the City's Youth Co-Ordinator be requested to report monthly to the Safe and Healthy Community Advisory Committee on items of interest and to solicit input pertaining to the Youth Opportunities Plan, as required. That the Director of By-law Enforcement be authorized to sign the Certificates Requesting A Conviction, in accordance with subsection 18.2 (1.1) of the Provincial Offences Act, RSO 1990, c.P. 33. That consideration of the following recommendation from the February 18, 2003, Safe and Healthy Community Advisory Committee be deferred and referred to a future Finance and Corporate Services Committee meeting when a report from D. Paterson, Director of Human COUNCIL MINUTES MARCH 17, 2003 - 91 - REPORTS ADOPTED BY COUNCIL FINANCE AND CORPORATE SERVICES COMMITTEE - (CONT'D) 4. CITY OF KITCHENER (Cont'd) Resources, is considered with respect to the City's potential involvement with the Business and Education Partnership of Waterloo Region: 'That the Safe and Healthy Community Advisory Committee supports the City of Kitchener establishing a partnership with the Business and Education Partnership of Waterloo Region; and, That a City financial contribution of $5,000. be considered; and further, That the Business and Education Partnership of Waterloo Region be requested to provide a report to the City within one year outlining how the City's funds have contributed to positively improving the career opportunities of youth in the community.' That Council not shortlist any of the expressions of interest received for the redevelopment of Centre Block, on the basis that the proposals received failed to adequately meet the requirements for Stage 1 of the Proposal Call; and, That the Proposal Call for the Centre Block be formally discontinued; and, That the Centre Block Steering Committee be directed to undertake a public process to test the vision for the redevelopment of the Centre Block which includes the relocation of the Main Kitchener Public Library Branch as a component of redevelopment; and, That the composition of the Centre Block Steering Committee for the public process be as follows: (a) Continued membership for the 3 lay members of the current Centre Block Steering Committee - Craig Robson, Ray Robinson and Hans Pottkamper; (b) The Chief Executive Officer and the Chair of the Kitchener Public Library; and, (c) Jeff Fielding, CAO, Carla Ladd and Frank Pizzuto; and further, That the Centre Block Steering Committee be directed to prepare a plan and budget for the public process to test the vision for the redevelopment of the Centre Block, and report to the March 24, 2003 Finance and Corporate Services Committee meeting. (As Amended) That consideration of the following staff recommendation be deferred and referred to the March 24, 2003 Finance and Corporate Services Committee meeting, to be considered in conjunction with a presentation by and discussion with the Region with respect to the Regional Emergency Medical Services Waiting Station: 'That Part of Lots 13 and 14, Plan 760, located at the northwest corner of Ottawa Street North and Nottingham Avenue, be declared surplus to the City's needs.' HERITAGE KITCHENER - WHEREAS City Council previously indicated its willingness to preserve the historic and architecturally significant building municipally known as 31 Young Street (John Forsyth Factory) by designating it pursuant to the Ontario Heritage Act, against the wishes of the owner; THEREFORE BE IT RESOLVED that Heritage Kitchener strongly urges Council to set an example for other owners of designated properties by maintaining the designation under the COUNCIL MINUTES MARCH 17, 2003 - 92 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 1. (Cont'd) Act, preserving the John Forsyth Factory by repairing the drainage pipes to prevent further water damage, and requiring preservation of this building as a condition of any redevelopment. (Action deferred and referred to a future meeting for consideration within the context of proposed re-development of the Centre Block, King Street East from Ontario Street to Young Street) That Jill Armstrong be appointed a member of Heritage Kitchener for a term to expire November 31,2003, to fill the vacancy created by the resignation of Ron Green. That pursuant to Section 43 of the Ontario Heritage Act, Heritage Permit Application HPA 2003-V-05 be approved to permit the demolition of 69 Joseph Street, located within the Victoria Park Area Heritage Conservation District. That Staff be directed to take the necessary steps to amend the legal description contained in Schedule 'A' of By-law No. 92-242, which designates the Harry Class Pool pursuant to Part IV of the Ontario Heritage Act, so that the designation applies only to the land municipally known as 115 Woodside Avenue [PIN 22498-0029(LT)]. That pursuant to Section 43 of the Ontario Heritage Act, Heritage Permit Application 2003-V-04 be approved to permit the construction of a new single family dwelling on Lot 63 of Registered Plan 58M-226 (14 Buerkle Court), located in the Upper Doon Heritage Conservation District, as shown on the plans submitted with the application, subject to the subdivider installing the required landscaping as per the approved landscape easement plan by June 1, 2003, and use of the following building materials and colours: Shingles: Main Brick: Stone: Main Siding: Soffit/Fascia/Trough: Shutters: Front Door: Garage Doors: 2 Tone Black Colonial Willow Mist Citadel Traditional Grey Stone Canyon Clay Canyon Clay Black Black Black That pursuant to Section 43 of the Ontario Heritage Act, Heritage Permit Application 2003-V-06 be approved to permit the construction of a new single family dwelling on Lot 64 of Registered Plan 58M-226 (18 Buerkle Court), located in the Upper Doon Heritage Conservation District, as shown on the plans submitted with the application, subject to the subdivider installing the required landscaping as per the approved landscape easement plan by June 1, 2003, and use of the following building materials and colours: Shingles: Main Brick: Soffit/Fascia/Trough: Front Door: Garage Doors: ©akwood Colonial Oregon Almond Country Rose 849 Country Rose 849 MARCH 17, 2003 COUNCIL MINUTES - 93 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." ADMINISTRATIVE REPORTS - 1. Licences i) Adult Entertainment Parlour Attendant It was resolved: "That Andrea Giuliani and Tashelle Nielsen, employed at 1412 Victoria Street North, Kitchener, (Mystique) be granted 2003 Adult Entertainment Parlour Attendant Licences." - and - "That Brenda Burtch, employed at 2271 Kingsway Drive, Kitchener, (Phoenix) be granted a 2003 Adult Entertainment Parlour Attendant Licence." ii) Refreshment Stand It was resolved: "That the 45th Kitchener Scouts (c/o Rebecca Rueckwald, 39 Countryside Crescent, Kitchener, Ontario N2E 2S8), be granted permission to operate a refreshment stand at the Country Hills Community Centre on April 13, 2003 from 2 p.m. to 4. p.m. at the annual Country Hills Recreation Association Family Fun Day Event, provided that the necessary Licence is obtained, including Health and Fire approvals." 2. Enqineerinq Aqreement - JHS Properties Inc - Deer Ridqe Estates It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Deer Ridge Estates Subdivision, Stage 7, Draft Plan 30T- 94009." 3. Request to Install Monitorinq Wells - Hayward Avenue Road Allowance It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the registered owner(s) of 146 Hayward Avenue to permit the installation of two monitoring wells in the Hayward Avenue road allowance in the vicinity of 146 Hayward Avenue, Kitchener." 4. Encroachment Aqreement - St. Joseph's Health System This matter was withdrawn at the request of staff. MARCH 17, 2003 COUNCIL MINUTES - 94 - CITY OF KITCHENER COMMITTEE OF THE WHOLE ADMINISTRATIVE REPORTS - (CONT'D) 5. Encroachment Aqreement - 72 Victoria Street South It was resolved: "That subject to the owner obtaining a sign permit, the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of the property municipally known as 72 Victoria Street South to permit the installation and maintenance of a projecting sign that will encroach 41", more or less, into the Victoria Street South road allowance." 6. Various Tenders Dealt with under Delegations. 7. Taq Day Request - Canadian Cancer Society Council was in receipt of correspondence from B. Robinson, Chair, Air Cadets' Scott Wilson Tag Day for Cancer, dated February 27, 2003, requesting permission to conduct a Tag Day on April 12, 2003, at specified locations. It was resolved: "That Council grant the request of the Royal Canadian Air Cadets - Scott Wilson Tag Day for Cancer for permission to request donations on behalf of the Canadian Cancer Society at the following locations on Saturday, April 12, 2003, as outlined in correspondence from B. Robinson, dated February 27, 2003: · King Street - between Ontario Street and Frederick Street; · Ontario and Queen Streets - within one block either side of King Street; · Scott and Frederick Streets - outside the Kitchener Farmers' Market entrances; and, · Outside the Kitchener Memorial Auditorium Complex." 8. 2003 Hack Release - Canadian Pereqrine Foundation Dealt with under Delegations. 9. Community Festival / Temporary Retail Market Licence / Multicultural Festival Council was in receipt of Corporate Services Department report CRPS-03-033 (J. Koppeser), dated February 25, 2003, recommending declaration of the Multicultural Festival as a 'Community Festival' and issuance of a licence. It was resolved: "That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park on Saturday, June 21 and Sunday, June 22, 2003, the period of June 21 to July 2, 2003, inclusive be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a 'Community Festival' within Kitchener; and further, That the Kitchener-Waterloo Multicultural Centre Inc., be granted a Temporary Retail Market Licence, provided that the necessary licence is obtained, including Health and Fire approvals." 10. Sale of Tickets - Canadian Red Cross Council was in receipt of Corporate Services Department report CRPS-03-036 (J. Koppeser), dated March 5, 2003, recommending approval. COUNCIL MINUTES MARCH 17, 2003 - 95 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. ADMINISTRATIVE REPORTS - (CONT'D) 10. Sale of Tickets - Canadian Red Cross - (Cont'd) It was resolved: "That the City of Kitchener has no objection to the Canadian Red Cross, Ontario Zone, 5700 Cancross Court, Mississauga, ON, L5R 3E9, being granted permission to sell tickets in the City of Kitchener for two draws to be held on June 12, 2003 and June 26, 2003 with the draws taking place at the Offices of Bearing Point, 200 Consumers Rd., Ste. # 500, Willowdale, ON." 11. Licensinq Tribunal - Draqon & Drawbridqe Council was in receipt of Corporate Services Department report CRPS-03-037 (R. Gosse), dated March 5, 2003, regarding the holding of a hearing. Councillors J. Gazzola and G. Lorentz advised that they would be unable to attend on the hearing date proposed for Wednesday, April 30, 2003. Mr. R. Gosse advised that a specific hearing date could be excluded from the recommendation and once determined, appropriate details will be included in the notice of hearing. Accordingly, it was agreed to amend the recommendation by deleting reference to a specific hearing date. It was resolved: "That a hearing be held under the authority of the Municipal Act, 2001, to determine whether or not to renew, with or without conditions, the Business Licence issued to Dragon and Drawbridge Inc. for the business located at 1508 King Street East; and, The Councillors J. Smola, J. Gazzola, B. Vrbanovic and G. Lorentz (alternate) be appointed as members of the Tribunal; and further, That the hearing be scheduled, and notice of the scheduled hearing be given, following which a report will be submitted to Council for its consideration." 12. Independent Contractor Authorization - Your Kitchener Store Council was in receipt of Chief Administrator's Office report CAO-02-003 (R. Pitfield), dated March 10, 2003, recommending execution of an agreement to provide services. It was resolved: "That authority be granted for the City of Kitchener to enter into agreement with Brenda Grimm to operate and manage the City of Kitchener tourism visitor information services in Your Kitchener Store under the terms and as set out in report (CAO-02-003); and further, That authority be given to the Director of Corporate Communications and Marketing to execute the agreements subject to the satisfaction of the City Solicitor and the Director of Human Resources."