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HomeMy WebLinkAboutCouncil Minutes - 2000-04-03COUNCIL MINUTES APRIL 3, 2000 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 Cassandra Theune, King School of Vocal. On motion by Councillor J. Ziegler, the minutes of the regular meeting held March 20, 2000 and special meetings held March 20 and March 27, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Correspondence from Michael D. Harris, Premier of Ontario, acknowledging receipt of Council's resolution dated February 14, 2000, concerning the possible establishment of a Federal/Provincial Infrastructure Renewal Program. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That Expression of Interest E00-035, Consultant Services, Ottawa/Manchester/Montgomery Trunk Sanitary System Study, be awarded to Dillon Consulting Limited, Cambridge, Ontario, at their estimated fee of $247,919.00, including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established; and further, That the Mayor and City Clerk be authorized to execute an agreement satisfactory to the City Solicitor." - and - "That Tender T00-037 Food Products, be awarded to SERCA Foodservice, Kitchener, at their tendered price of $88,305.60 plus G.S.T. and P.S.T." - and - "That Tender T00-006, Digital Scanning of Maps and Drawings, be awarded as follows: Part A - Scanning of Small Format Documents, be awarded to Lason Canada of Cambridge, at their total bid price of $1,956.00 plus G.S.T. and P.S.T. Part B - Scanning of Large Format Documents, be awarded to IKON Document Service of Mississauga, at their total bid price of $12,792.00 plus G.S.T. and P.S.T. Part C - Scanning of Document Sets (Preparation Included), be awarded to N.C. PestiII Ltd. of Kitchener, at their total bid price of $53,180.00 plus G.S.T. and P.S.T." - and - "That Tender T00-014, Cherry Street Reconstruction (Strange Street to Park Street), be awarded to J. Weber Contracting, Breslau, at their tendered price of $435,397.00 including G.S.T., and a contingency allowance of $40,110.00." Carried. Mr. William Poole, Chair of the Centre in the Square Board of Directors, and Mr. Jamie Grant, General Manager- Centre in the Square, appeared and announced that in conjunction with its twentieth anniversary in September, the Centre will host a community festival competition involving up to six days of performances free of charge. Mr. Poole encouraged all performing arts groups in the City to submit a proposal, with the deadline for applications being May 1,2000. Councillor K. Taylor-Harrison, in her capacity as Co-Chair of the Safe City Committee, introduced the First Annual Youth Issues Awards and Grant Program. Grants are intended to assist small groups in APRIL 3, 2000 COUNCIL MINUTES - 176 - CITY OF KITCHENER establishing projects and programs having a direct impact on the community. She also advised that on June 21, 2000, Rockway Golf Course will host a fund-raising golf tournament in support of the City-Wide Youth Issues Committee and its related initiatives. Councillor K. Taylor-Harrison, with assistance from Superintendent Brian Koepke, Waterloo Regional Police; Captain Peter McGough, Kitchener Fire Department; and, John Prno, Regional Community Health Services, presented the 2000 Youth Issues Award and Grants to representatives of the organizations listed below: Grant Recipients · The Betty Thompson Youth Centre - "Suspension Alternatives for Youth" · Victoria Hills Neighbourhood Association - "Friday Night Youth Program" · Mt. Hope/Breithaupt Park Neighbourhood Association -"Family Movie Night" · King Belmont Neighbourhood Association-"Youth Drop-In Program" · Doon Community Awareness Council (DCAC) -"Youth Mural Project" · Forest Heights Community Association -"Youth Drop-In Program" · Cedar Hill Community Group-"Kids Club" · Mill-Courtland Neighbourhood Association - "Summer Youth Initiative & Tuesday/Thursday Youth Group" · COPS 2000 -"Chicopee Outreach Program Summer 2000" Award Recipient The Working Centre -"Recycle Cycles" Mayor C. Zehr extended thanks to the recipients and the funding agencies, and Councillor B. Vrbanovic thanked the representatives from Police Services, the Fire Department and the Regional Ambulance Service for their participation and assistance. Councillor K. Taylor-Harrison thanked Pizza Pizza and Williams Coffee Pub for the food and drinks provided at the reception, and Cameron Heights Collegiate for the entertainment. Ms. Cathie Schwark, appeared on behalf of Marillac Place and in support of Clause 1 of the Finance and Administration Committee report of this date recommending a capital grant for Marillac Place. Ms. Schwark thanked the Finance and Administration Committee for its favourable recommendation, the grant to assist in expanding the current premises at 109 Young Street. Ms. Schwark also advised that Marillac Place is hosting its first Charity Dinner at the Knights of Columbus Hall on Manitou Drive on May 29, 2000. Councillor G. Lorentz advised that Marillac Place will also be approaching the Region of Waterloo for funding assistance. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Clause 1 of the Finance and Administration Committee report be adopted." Carried. Mr. Fred Galloway, Fred Galloway and Associates Inc., presented the recommendations in his "Summary Report for the City of Kitchener Parks and Recreation Department Operational Review" dated March, 2000, and which appear as Clause 1 of the Community Services Committee report of this date. In addition to the recommendations, he also outlined the major structural elements of the new Department of Community Services as identified in the recommended Organizational Design Model No. 3. He noted that the proposed changes reflect not only leadership changes within the Department, but changes in service delivery models and trends. Council was also in receipt this date of correspondence from D. Bourgeois (April 2, 2000) and Isabella Stefanescu (March 30, 2000) concerning the proposed re-organization. Councillor J. Haalboom questioned the rationale for positioning arts and culture services under the Community Programs and Services Division. Mr. F. Galloway responded that there is a very strong relationship with the other entities within that Division in terms of outcome. Also, that arts and culture COUNCIL MINUTES APRIL 3, 2000 - 177 - CITY OF KITCHENER is one of five elements within the Division which require capacity to deliver services focused on the interests of participants, and not purely marketing or entrepreneurial initiatives. Councillor K. Taylor- Harrison offered the opinion that the Plan is very positive, not only in terms of the Department but also the community and neighbourhoods. Mr. F. Pizzuto advised that the Department will evaluate all programming, and he does not foresee a loss of service in any area, but rather additional service enhancements. Councillor G. Lorentz introduced Clause 1 of the Community Services Committee report, noting that the reference to Table 8-1 in subsection 1 should be changed to 3-1. He also asked that the recommendation be amended to reflect that the Committee is recommending Organizational Design Model No. 3 from among the other options in the report. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 1 of the Community Services Committee report be adopted, as amended." Councillor T. Galloway noted that some may question why the City is restructuring a Department as successful as Parks and Recreation; however, he suggested that even the best of organizations need to re-invent themselves from time to time. This re-organization is repositioning the Department to set out new priorities and redistribute resources. Councillor Galloway further noted that notwithstanding the proposed changes, the Parks and Recreation Department is among the most effective and comprehensive in the Province. Councillor G. Lorentz personally thanked Fred Galloway for his efforts to date, as well as City staff who worked with Mr. Galloway. He also thanked newly appointed Department General Manager Frank Pizzuto for his efforts in assisting Mr. Galloway, while at the same time becoming accustomed to his new position. Councillor Lorentz inquired as to when the recommendations would be implemented. Mr. Pizzuto replied that if approved by Council, he will act quickly to staff the upper management positions, and subsequently the remainder of the staff complement. Implementation details will then be discussed with an update to Council every two months. Mr. Pizzuto advised that he expects to have a workplan before the Community Services Committee by late April or early May of this year. He further advised that a communications strategy is in place, and subject to Council approval, the Department name will change tomorrow. The motion by Councillor G. Lorentz, seconded by Councillor T. Galloway, to adopt Clause 1 of the Community Services Committee report, as amended, was voted on and Carried Unanimously. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion and voting concerning the salary and classification survey for the employee groups not included in the City of Kitchener Revised Management Salary Structures Project report, as his wife is employed in the City's Information Services Division. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That Council re-consider its February 14, 2000 resolution instructing staff to conduct a salary and classification survey among comparable employers within the Region for a number of employee groups not included in the City of Kitchener Revised Management Salary Structures Project report dated November 30, 1999 by MacCrimmon and Associates and approved by Council on December 13, 1999." Councillor J. Ziegler noted that this motion was originally passed by only a single vote, with three members of Council absent. He also advised that he would like consideration of an additional motion, should the re-consideration motion not pass. A recorded vote was requested. The motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, to re-consider Council's February 14, 2000 resolution concerning a salary and classification survey was voted on and Lost on a tie vote. In Favour: Mayor C. Zehr, Councillors J. Ziegler, C. Weylie, J. Haalboom and M. Yantzi. COUNCIL MINUTES APRIL 3, 2000 - 178 - CITY OF KITCHENER Contra: Councillors K. Taylor-Harrison, John Smola, Jake Smola, T. Galloway and G. Lorentz. Councillor B. Vrbanovic did not vote on the Motion of Reconsideration, as he previously disclosed a pecuniary interest, since his wife is employed in the City's Information Services Division. Councillor J. Ziegler indicated his willingness to put forward a second motion placing limitations on how the survey would be used in relation to union contracts. Mayor C. Zehr advised that in accordance with Council's Procedural By-law, Notice of Motion would be required prior to Council consideration. NOTICE OF MOTION Councillor J. Ziegler gave formal Notice of Motion that at the April 17, 2000 Council meeting, he would introduce a motion that notwithstanding the salary and classification survey to be conducted for unionized employees, the results not be used to open existing union contracts to raise salaries or change benefits prior to the expiration of said contracts, with the survey to be used for information purposes only. Councillor Ziegler also submitted his proposed motion in written form. Mark Charbonneau, Canadian Union of Public Employees, was in attendance to speak to Councillor Ziegler's proposed Motion for Reconsideration, but did not address Council. Ms. Sandra Millar, Kitchener-Waterloo Tourism, appeared and provided a quarterly tourism update as well as an update on the organization's Cherish and Celebrate Millennium Project. Council members were in receipt of an information package from Kitchener-Waterloo Tourism which included a year- end report and a quarterly overview. Ms. Millar advised that Kitchener-Waterloo Tourism increased its membership in 1999 to almost 100, and made approximately 89,000 referrals. She also referred to their "What's Happening" guide on the tourism website which outlines community activities. Ms. Millar indicated that to date only seven commitments to corporate sponsorship have been received for the Millennium Project, which is less than anticipated. Consequently, the event planned for the Centre in the Square will be cancelled. Ms. Millar asked that Council consider allowing the use of the previously approved $10,000 program grant for the millennium project generally rather than specifically for the proposed Centre in the Square event. She assured Council that all of the $10,000 grant would be used for marketing. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That Council agree to the use of the $10,000 grant for the Cherish and Celebrate Millennium Project, approved by Council on February 14, 2000, for general marketing of the project rather than to fund an event which was to be held at the Centre in the Square and has now been cancelled." Carried. Mr. Mike Murray, Commissioner of Engineering - Regional Municipality of Waterloo, was in attendance and presented the Regional Long Term Water Strategy Study. The Study examines supply capacity and demand and the impact of water conservation initiatives. Mr. Murray advised that approximately 33 different pipeline options were evaluated, and he reviewed in detail two of the short-listed options as well as the preferred strategic plan approach. He noted that the latter would increase capacity while making the best use of existing infrastructure and would involve construction in 2035 of a large capacity pipeline to one of the Great Lakes as a long term water supply solution. He further advised that in April or May of this year, Regional Council will hear recommendations and allow public input in this regard. Councillor C. Weylie questioned whether partnerships in respect to the construction costs of a pipeline are being considered, and Mr. Murray replied that partners have been identified along the route, but staff are awaiting Council direction before initiating discussions. Councillor M. Yantzi indicated his concern over the impact a pipeline would have on the traditional, local approach to water management and conservation. Mr. Murray replied that, in his opinion, conservation initiatives would continue to be favoured as they defer the need for capacity expansion and reduce the flow to sewage treatment plants and the Grand River. Councillor Yantzi noted that the same benefits of conservation APRIL 3, 2000 COUNCIL MINUTES - 179 - CITY OF KITCHENER may not continue to apply if a pipeline is constructed, and Mr. Murray responded that pipelines have a finite capacity, so that the benefits of water conservation would continue to apply. He added that the municipality would have to continue to protect groundwater as an alternate supply, and in some areas of the City this would continue to be the primary water source. Councillor John Smola inquired as to the proposed method of financing pipeline construction and the ratio of current taxes to debenture issues. Mr. Murray replied that one method of financing which was discussed would involve 50% of the cost accruing from user rates for fifteen years in advance of construction. He added that there are many variations and strategies which could be considered, but staff are awaiting a financing policy decision from Regional Council. Mr. Lloyd G. Ertel appeared concerning Council's February 14, 2000 decision to construct a concrete barrier in the area of Hearth Crescent and Westmount Road West. Mr. Ertel advised that he resides in one of the units which would be affected, and noted that Council had defeated a staff recommendation to install a walkway, and instead voted to construct a wall of unspecified design and material. Mr. Ertel advised that the people who live in the townhouse development were not made aware of this last minute change in direction prior to the February 14, 2000 decision. Mr. Ertel asked that he be given answers to the following specific concerns: what is to become of the City-owned lot; the location of the proposed wall, as well as its design and the materials proposed; whether a survey has been done in relation to the private and public lands; and, why a light is not being proposed for installation at the end of the wall. It was generally agreed that Mr. S. Gyorffy would respond to Mr. Ertel's questions and concerns in writing the week of April 3, 2000, and provide a copy of this correspondence to each member of Council. Mr. Gyorffy also advised that, to date, locates have only been determined for the soil work and wall engineering, and that staff are not in a position to begin construction of the wall at this time. Mr. Ertel reiterated his concern that the decision to construct a wall was made on the same date as a recommendation was to be considered to construct a walkway, and the public was given no opportunity for further input. Mayor C. Zehr noted that, should any member of Council wish, a Motion for Reconsideration of the decision could be put forward at a future meeting. Mr. G. Borovilos, Director of Economic Development, advised that this evening the Waterloo Catholic District School Board voted in favour of relocating St. Mary's High School to a new site at the corner of Homer Watson Boulevard and Block Line Road. He added that the Board motion includes the City's offer to establish a task force to consider the re-development potential of the St. Mary's site. Council then dealt with a recommendation in the Planning and Economic Development Committee report of this date in respect to the proposed closing, renovation or moving of St. Mary's High School. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 6 of the Planning and Economic Development Committee report of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "WHEREAS it is critical to the ongoing efforts to revitalize Downtown Kitchener that the entire community work together to develop creative, sustainable solutions to the issues that affect the core area; AND WHEREAS the St. Mary's High School site provides significant opportunities to enhance the re-development of Downtown Kitchener; THEREFORE BE IT RESOLVED, that a Task Force be struck consisting of representatives from the City of Kitchener, the Waterloo Catholic District School Board, the Diocese of Hamilton, the Congregation of the Resurrection, St. Jerome's College (University of St. Jerome's), the Kitchener Downtown Business Association and other affected parties to develop a plan for the re-development of the St. Mary's High School site, and a continued educational institution presence on the site." Carried. COUNCIL MINUTES APRIL 3, 2000 - 180 - CITY OF KITCHENER Councillor C. Weylie put forward a motion, seconded by Councillor M. Yantzi, to adopt Clause 7 of the Planning and Economic Development Committee report of this date concerning Adult Sex Film Theatres. Councillor Weylie also advised that the Clause should be amended to include reference to any further public notice in respect to revisions of the draft Zoning By-law involving the 300m separation distance from Family and Children's Services and the Waterloo Region District School Board located on Ardelt Avenue. Councillor J. Ziegler suggested a separation between different classes of sexually oriented businesses. Mr. J. Shivas responded that other sexually oriented uses are not currently permitted in the M-4 Zone, though this separation may be advisable in other areas of the City. Councillor T. Galloway offered the opinion that though some members of Council may wish to ban this type of business outright, any such action would likely be overturned in appeal; and, the next best solution is to impose an appropriate separation distance. Council then voted on the motion to adopt Clause 7, as amended. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 7 of the Planning and Economic Development Committee report be adopted, as amended." Carried. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That Legal Department staff be directed to create a requirement for distance separation between various classes of sexually oriented businesses in order to prevent clustering of these within a particular area of the City; and, That they investigate and report on the feasibility of limiting the number of adult sex film theatres permitted in the City; and further, That the City request that the Province of Ontario, possibly in conjunction with the new Municipal Act, consider allowing municipalities to ban sexually oriented businesses if the local Council feels this is appropriate." Carried. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee be adopted." Council agreed to a suggested amendment by Councillor J. Ziegler in regard to Clause 4 to reflect that the cutting, burning or destruction of trees in woodlots would apply either to the entire Region or to urban areas alone. Voted on Clause by Clause Clauses 4 & 7 - Carried, as Amended. Clause 6 - Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee be adopted." COUNCIL MINUTES APRIL 3, 2000 - 181 - CITY OF KITCHENER Council agreed to a suggested amendment by Councillor T. Galloway in regard to Clause 5 to reflect that the grant to the National Youth Bowling Council would be used to host a specific event during the upcoming Championship. Voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried, as Amended. Clause 5 - Carried, as Amended. Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee be adopted." Councillor J. Haalboom inquired as to the meaning of "regular cleaning" in respect to the Street Vendors By-law referred to in Clause 6. Mr. J. Shivas replied that the dictionary definition applies, and would reflect what is considered appropriate at the time. Councillor Haalboom asked that it be recorded in the minutes that the City does not presently have a definition of "regular cleaning", and urged Council to adopt a high standard of cleanliness in regard to street vendor operations. Mayor C. Zehr suggested that the intent of the By-law is that the area utilized by street vendors be kept clean. Councillor Haalboom asked that in future by-laws "regular cleaning" be defined. Councillor M. Yantzi also encouraged staff to rigorously interpret the term "regular cleaning". Voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Councillor T. Galloway asked that Clause 1 dealing with the direction of additional sewer surcharge revenues to fund infrastructure projects be dealt with separately as he believes the user rate system should be self-funding and not be used to fund other projects. Councillor J. Ziegler pointed out that these projects would alternatively have to be funded from the tax levy, and that maintaining the City's infrastructure through the method proposed in the report is a prudent course of action. Councillor B. Vrbanovic concurred that maintaining the infrastructure on a ongoing basis saves taxpayers money in the longer term. Mayor C. Zehr also advised that he does not support Clause 1 as it is his belief that any sewer surcharge savings should be passed along to the customer. Voted on Clause by Clause. Clause 1 - Carried. Balance of report - Carried. Councillor T. Galloway asked that staff respond concerning the graffiti elimination strategy which has been put in place. Mr. J. Gazzola advised that a team headed by Julie Dean of the Business and Planning Services Department, and including the Safe City Committee and the Kitchener Downtown Business Association, will develop a program for reporting and removing graffiti on non-City owned properties. A graffiti hotline (741-2320) has been established for use by City staff and the public to advise of graffiti and request removal. The City will receive these calls and forward to the proper agency. City workers will immediately remove graffiti from City-owned properties. Councillor Galloway indicated his hope that, with Police assistance, the individuals responsible for graffiti can be identified. Mr. Gazzola further advised that staff are considering some form of reward program. APRIL 3, 2000 COUNCIL MINUTES - 182 - CITY OF KITCHENER Councillor K. Taylor-Harrison advised that she would request discussion of a reward program by the Safe City Committee. Councillor J. Ziegler referred to his earlier e-mail to Council concerning a recent incident on Century Hill Drive involving a dog attacking a child. He advised that there are approximately 83 children in the housing complex, and he is proposing to bring forward a recommendation to the Finance and Administration Committee on April 10, 2000, which would have the effect of permitting the Humane Society to require compliance with a Dangerous Dog designation prior to any appeal hearing conducted by the City. Councillor Ziegler also suggested that the Humane Society should have the power to prevent the dog from being returned to the owner prior to any appeal hearing, should this be advisable. He also suggested that the Dog Designation Appeal Committee should have more discretion in terms of applying an appropriate designation. Councillor J. Ziegler updated the viewing audience on various activities taking place in his Ward. Council agreed to a request from Mr. G. Sosnoski, Deputy City Clerk, to add three additional by-laws for three readings this date; namely: the year 2000 Street Vendors By-law; a Zoning By-law Amendment pertaining to Breckenridge Drive; and, an amendment to Chapter 101 of the Municipal Code respecting the appointment of staff. = Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to establish retention periods and disposition methods for records of the municipality. (b) Being a by-law to repeal and replace Chapter 569 of The City of Kitchener Municipal Code with respect to Old Gold and Precious Metals. (c) Being a by-law to adopt Amendment No. 28 to the City of Kitchener Municipal Plan - City Initiated - Adult Sex Film Theatres. (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Adult Sex Film Theatres. (e) Being a by-law to amend Chapter 593 of the City of Kitchener Municipal Code respecting Theatre -Adult Sex Film (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Small Fry Snack Foods Limited - King Street East. (g) To confirm all actions and proceedings of the Council. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- 1368308 Ontario Inc. - Breckenridge Drive (i) Being a by-law to license Street Vendors in Victoria Park and at specific street intersections, expiring December 31, 2000. (j) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting the Appointment of Staff. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. Councillor B. Vrbanovic inquired as to the status of the City's request that the Province grant additional authority to the municipality's Security Officers. Mr. J. Shivas responded that the Province was asked to consider this in the Spring of 1999, and advised in December of 1999 that it would be examining this in conjunction with similar requests from other municipalities. There has been no response since then. APRIL 3, 2000 COUNCIL MINUTES - 183 - CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) e) (f) (g) (h) (i) Carried. Being a by-law to establish retention periods and disposition methods for records of the municipality. (By-law No. 2000-50) Being a by-law to repeal and replace Chapter 569 of The City of Kitchener Municipal Code with respect to Old Gold and Precious Metals. (By-law No. 2000-51) Being a by-law to adopt Amendment No. 28 to the City of Kitchener Municipal Plan - City Initiated - Adult Sex Film Theatres. (By-law No. 2000-52) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Adult Sex Film Theatres. (By-law No. 2000-53) City of Kitchener Municipal Code Being a by-law to amend Chapter 593 of the respecting Theatre -Adult Sex Film (By-law No. 2000-54) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Small Fry Snack Foods Limited - King Street East. (By-law No. 2000-55) To confirm all actions and proceedings of the Council. (By-law No. 2000-56) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- 1368308 Ontario Inc. - Breckenridge Drive (By-law No. 2000-57) and at specific street Being a by-law to license Street Vendors in Victoria Park intersections, expiring December 31, 2000. (By-law No. 2000-58) APRIL 3, 2000 COUNCIL MINUTES - 184 - CITY OF KITCHENER (J) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code respecting the Appointment of Staff. (By-law No. 2000-59) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES APRIL 3, 2000 - 185 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Zone Change Application ZC 99/27/K/BH (3065 King Street East - Small Fry Snack Foods Limited) requesting a change in zoning to add special regulation 321R to the current Service Industrial Zone (M-3) with special provision 112U on lands legally described as Part of Lots 31 and 33, Municipal Compiled Plan 986, be approved in the form shown in the attached "Proposed By-law", dated February 29, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application ZC 99/12/B/ZJ (155 Breckenridge Drive- 1368308 Ontario Inc.) requesting a change in zoning from Residential Six Zone (R-6) to Convenience Commercial Zone (C-1) with special use provision 271U on lands legally described as Part of Lot 31, Registered Plan 1307, and more specifically described as Part 1, 58R-2288 in the City of Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated December 23, 1999, subject to the following conditions being satisfied prior to any readings of the By-law by Council: a) That a Record of Site Condition be filed with and acknowledged by the Ministry of the Environment and Energy and filed with the Regional Municipality of Waterloo. b) The owner acknowledges that condition 1 is required to be satisfied no later than seven months after Council having approved by resolution Zone Change Application 99/12/B/ZJ. In the event this resolution is not fulfilled within the seven months period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That staff report BPS 00/37 (Commercial Policy Review Study - Implementation Strategy) be received for information. That Kitchener City Council rely upon the provisions of the "Regional Tree By-law" for the protection of woodlands within the City and not proceed to develop a similar by-law and procedures, as provided for by Section 223.3 of the Municipal Act, for the Destruction or Injury of Trees; and further, That the Regional Municipality of Waterloo be requested to consider amending the Regional Tree By-law to reduce the minimum size requirement for tree cutting, burning, or other means of destruction, in woodlots from 2 acres to ½ an acre either for the entire Region or urban areas alone, whichever is more appropriate. (As Amended) That City Council rely upon its current regulatory mechanisms to control the site alterations and not pursue any further methods pursuant to opportunities presented by Bill 163; and further, That staff be directed to investigate the possibility of approaching the Provincial Government to request reinstatement of Ministry of Environment involvement in the remediation process for former gas station sites and/or contaminated sites, with a report to be brought back to a future meeting of the Environmental Committee. That with respect to the proposed closing, renovating, or moving of St. Mary's High School, the Waterloo Catholic District School Board be requested to delay their decision to allow for exploration of all options and, in consultation with City staff, develop alternatives for an on-going high school presence in the Downtown area. COUNCIL MINUTES APRIL 3, 2000 - 186 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D) 7. 1. That Council approve Municipal Plan Amendment Application MP 00/02/TC/GR (City- Initiated - Adult Sex Film Theatres), being an amendment to: a) amend Part 3, Section 5.2 by including subsection 5. as follows: Adult Sex Film Theatres shall be permitted within Heavy Industrial areas provided they are separated from any property on which a residential use, day care facility, educational establishment, religious institution, or other uses as set out in the Zoning By-law, is located by a minimum distance of 300 metres. In addition, adult sex film theatres shall be separated a minimum of 300 metres from any lands zoned for residential uses in accordance with the Zoning By-law. In order to prevent an undue concentration of adult sex film theatres in any Heavy Industrial designation, adult sex film theatres shall be separated a minimum distance of 300 metres from another property containing an adult sex film theatre." It is the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. That Zone Change Application ZC 00/03/TC/GR (Adult Sex Film Theatres - City Initiated) proposing a change to the Heavy Industrial Zone (M-4) to permit adult sex film theatres subject to regulations governing location and separation requirements, be approved in the form shown in the attached "Proposed By-law" dated March 9, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (City-Initiated - Adult Sex Film Theatres) to the City's Municipal Plan. That Chapter 593 (Theatre - Adult Sex Film) of the Municipal Code be amended to stipulate that adult sex film theatres only be permitted in Heavy Industrial Zone (M-4) subject to minimum separation requirements from specific uses and zones as set out in the Zoning By-law, and that the Legal Department be directed to prepare the necessary amendments to Chapter 593 for Council approval. That staff be directed to review the City's Sign By-law as it relates to signage for Adult Sex Film Theatres and report back to Council on the need for any amendments to the by-law for said theatres. That Council has determined that no further public notice is required respecting revisions made to the draft Zoning By-law to include a 300m separation distance between any Adult Sex Film Theatre and the Family and Children's Services and the Waterloo Region District School Board, located on Ardelt Avenue. (As Amended) COMMUNITY SERVICES COMMITTEE - That Council adopt the contents of the "Summary Report for the City of Kitchener Parks and Recreation Department Operational Review" prepared by F.J. Galloway Associates Inc. and dated March 2000 including the following recommendations: That the services and delivery intensity profiles outlined in Table 3-1 be the basis for the strategic priorities and directions of the Department for the next 5 years, and be the basis for the development of the Department's organizational design. 2. That the name of the Department be changed to the Department of Community Services. COUNCIL MINUTES APRIL 3, 2000 - 187 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 1. (Cont'd) That the community recreation centres be repositioned as community resource centres to be operated in partnership with Iocal/neighbourhood organizations and developed individually to reflect the unique range of needs and opportunities that exist within their individual service areas. That the Department reduce its recreational programming over the next five years, repositioning its priorities to facilitating and supporting the development of community- based program delivery capacity. a) That the Facilities Management Division of the City of Kitchener become involved with Parks and Recreation facilities on the following basis: Continued responsibility for capital project management; and, ii) Preventative maintenance of major building systems (mechanical, electrical, structural, instrumentation, energy, etc.); and, iii) Development and monitoring of City facility maintenance standards in Parks and Recreation facilities. b) That the Plant Engineer at the Kitchener Memorial Auditorium Complex, and any other staff positions based on negotiations, be transferred to the Facilities Management Division. c) That the Facilities Management Division not become involved in facility operational responsibilities, ie: where the use of staff to operate facilities and service customers is integrated or in situations where customer service could be impacted. That the Department sustain an in-house marketing capacity to support the various responsibilities and initiatives of the Department, with technical and related services being provided by the Corporate Communications Unit on an integrated basis. That the Department develop an Environment Services Unit within its Parks Operations Division to undertake the tree, horticulture and the increasing environmental management responsibilities. That the Department develop an Information and Registration Call Centre on a one telephone number basis for all special event, program registration, scheduling, tree and related activities. That an enhanced administrative services capacity be developed within the Department to better integrate the diversity of program and operational activities and sights across the Department and to improve interdepartmental administrative practices; and further, That Organizational Design Model #3 as outlined in the report of Fred Galloway and Associates Inc. be approved as the future organizational structure of the Department of Community Services. (Dealt with under Delegations and Carried, as Amended) That consideration of the request of Vivian Berkeley and George Shepherd for an in-kind grant in the amount of $155.85 for rental of the all purpose room at Lyle Hallman Pool on January 30, 2000, be deferred and referred to the Community Services Committee meeting scheduled for April 10, 2000, pending further information including the amount of money raised at their event. COUNCIL MINUTES APRIL 3, 2000 - 188 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That the request of the Kitchener Lawn Bowling Club for a cash grant in the amount of $5,000.00 to assist in the purchase of a greensmower be deferred and referred to the Community Services Committee meeting scheduled for April 10, 2000, pending further information including the possibility of the City purchasing a greensmower and leasing it to the Club. That no action be taken on the request of The AIDS Committee of Cambridge, Kitchener, Waterloo and Area for a grant in the amount of $1,400.00 to cover the cost of renting the Rotunda, various rooms at City Hall and equipment for their event held on April 19, 2000. That Council approve the request of the Local Committee of the National Youth Bowling Council for a cash grant of $1,000.00 to assist in hosting a specific event during the National Five Pin Bowling Championships in May 2000. (As Amended) That the City name the open space area located at the intersection of Shirley Avenue and Victoria Street North and adjacent to the Grand River as "Stanley Park Optimist Natural Area"; and further, That the Mayor and Clerk be authorized to execute an agreement with The Optimist Club of Stanley Park, in a form satisfactory to the City Solicitor, with respect to the Club's financial commitment to the park, collateral issues with respect to naming the park, in-kind services, event usage and funding arrangements from external sources, all as negotiated by staff. That the City name the open space area located at the end of Centennial Court and adjacent to the Grand River as "Kolb Park". That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, renewing the agreement between "The Trustees of the Carmel Church, A Society of The General Church of the New Jerusalem" and The Corporation of the City of Kitchener, dated November 1, 1986, with the following modifications: a) The term of the agreement be 10 years plus an additional 10 years if both parties agree to the extension; and, b) Clause 5 "Termination" be deleted; and further, c) Any other modifications necessary to effect the proposed change to the playground area. FINANCE AND ADMINISTRATION COMMITTEE - That Council approve a cash grant for Marillac Place equal to the City's Development Charges and Building Permit Fees for their development at 109 Young Street, Kitchener, totaling approximately $5,200.00. (Dealt with under Delegations and Carried) That Council refuse the request of Ken Kondert for an exemption to Municipal Code Chapter 586 (Refreshment Vehicles) to locate a chip wagon at 702 King Street West, Kitchener. That the Manager of Licensing, in conjunction with the Legal Department, prepare a revised Amusement Arcade By-law to comply with Bill 26, to be considered for enactment in conjunction with a related Zoning By-law Amendment, and to include the following changes: a) Removal of the provision that the By-law does not include premises licensed under the Liquor Licence Act; APRIL 3, 2000 COUNCIL MINUTES - 189 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 3. (Cont'd) b) Provide for a new class of licence for Arcades in D-1 and D-2 zones, including criteria which is consistent with the zoning amendment; c) Provide a grandfathering clause for those Arcades in operation at the time the by-law is enacted; and, d) Restrict the hours of operation. That Council adopt the revised Old Gold By-law attached to the report of J. Koppeser, Manager of Licensing, dated March 22, 2000. That Council adopt the Flyer/Sample Distribution Policy attached to the report of J. Koppeser, Manager of Licensing, dated March 22, 2000, subject to an amendment to Clause 4 requiring notices to be sent by registered mail. That Council adopt the Year 2000 Street Vendors By-law as attached to the report of J. Koppeser, Manager of Licensing, dated March 22, 2000. That Council approve the Revenue Division reorganization as outlined in the report of P. Houston, Chief Financial Officer and City Treasurer, dated March 22, 2000. That the standard charge of $60.00 per poster be confirmed to remove posters contrary to the City's Sign By-law, from highways, rights-of-way and walkways; and further, That, at the discretion of staff, first time offenders who display posters contrary to the City's Sign By-law may have their invoice reduce by up to 25%. That the Sound of Faith Broadcasting Inc. be permitted to install a transmitter and antenna in the City Hall Cooling Tower at no charge, subject to the Legal Department issuing a "non- exclusive licence to use" letter to provide for indemnification. 10. That the Facilities Management Division be permitted to hire one additional electrician. 11. That the following events be exempt from Municipal Code Chapter 450 (Noise): Event Location Date Time Block Party Civic Square and June 2 5 p.m. - 11 p.m. surrounding block Civic Square June 17 Victoria Park June 24, 25 Civic Square July 4, 11, 18, 25 Civic Square July 7, 8 or 8, 9 King Street July 14 Civic Square July 15, 20, 27 Victoria Park July/August Big Band Saturday Night K-W Multicultural Festival Tooney Tuesdays Salsa Cruise Night World Beat Sunday Concerts 7 p.m. - 10:30 p.m. 10 a.m. - 11 p.m. 6:30 p.m. - 8:45 p.m. 12 p.m. - 11 p.m. 5 p.m. - 11 p.m. 6 p.m. - 10:30 p.m. 2 p.m. - 4 p.m. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That additional sewer surcharge revenues of approximately $556,000.00 annually be used to increase the City dividend to fund infrastructure projects as opposed to the sewer capital provision; and, That revenues in 2000 be used to fund an anticipated shortfall in current infrastructure projects; and further, APRIL 3, 2000 COUNCIL MINUTES - 190 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - {CONT'D) 1. (Cont'd) That future revenues be used to fund additional projects in the Capital Program and the City share of a Federal/Provincial Infrastructure Renewal Program, should one be established. That Council initiate a Local Improvement under Section 12 of the Local Improvement Act for the construction of a sanitary sewer and connections on both sides of Victoria Street North, from the westerly limit of 1392 Victoria Street North to Lackner Boulevard. That Council enter into a lease with Kitchener Dairies Limited for the use of land at 201 King Street East (Lot 23) for the purpose of providing both metered and monthly parking; and further, That the Mayor and City Clerk be authorized to execute a lease with Kitchener Dairies Limited satisfactory to the City Solicitor. That an Intersection Pedestrian Signal be installed at the intersection of Highland Road and Eagen Drive; and, That the Capital Budget be adjusted to reflect an over-expenditure of no more than $12,000.00 towards the cost of the Intersection Pedestrian Signal; and, That the Operating Budget be adjusted to reflect an over-expenditure of $2,000.00 for the annual maintenance of the Intersection Pedestrian Signal; and, That the Region of Waterloo be pursued to contribute to the capital cost and/or the annual operating cost of the Intersection Pedestrian Signal; and, That an Adult Crossing Guard Facility be established in conjunction with the Intersection Pedestrian Signal, effective September 2000; and further, That the Adult Crossing Guard Operating Budget be adjusted to reflect an over-expenditure of $1,200.00. COUNCIL MINUTES APRIL 3, 2000 - 191 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Charitable Refreshment Stand It was resolved: "That the Greek Orthodox Community of K-W, be granted permission to operate a refreshment stand, on their premises at 527 Bridgeport Road East, Kitchener, on June 10 & 11, 2000, for a nominal fee of $10.00, provided the necessary Licence, including Fire and Health approvals, is obtained; and further, That this Festival be declared an event of 'Municipal Significance' for the purpose of liquor licensing." ii) Massagist Licences "That Jody Parks and Karen Allin, who are employed at 1412 Victoria St. N., Kitchener, be granted Massagist Licences for the year 2000." - and - "That Janice Lynn Flechner, employed at 280 Victoria Street North, Unit 7, be granted a Massagist Licence for the year 2000." 2. Encroachment Aqreements - Sidewalk Patios/Hotdoq Cart Council was in receipt this date of correspondence from L. MacDonald, Assistant City Solicitor, dated March 30, 2000, relating to concerns raised by Denise Strong, Manager - Walper Terrace Hotel, and her tenants in regard to the operation of a hotdog cart in front of 1 King Street West by Arnie Attwooll, owner of Reggie's. It was resolved: "That consideration of an Encroachment Agreement with the owner(s) of Felicity's, 215-219 King Street West, for the operation of a sidewalk patio for the 2000 season be deferred and referred to the April 10, 2000 in-camera meeting of Council." It was resolved: "That consideration of an Encroachment Agreement with the owner(s) of Reggie's to operate a hotdog cart in front of Reggie's at 1 King Street West for the 2000 season be deferred and referred to the April 10, 2000 meeting of the Finance and Administration Committee, to allow the applicant to attend and satisfy Council that the hotdog cart will be operated in accordance with the requirements and standards set out in the Agreement." It was resolved: "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Go Intemet Cafe to permit the use of COUNCIL MINUTES APRIL 3, 2000 - 192 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 2. Encroachment Aqreements - Sidewalk Patios/Hotdoq Cart - (Cont'd) six feet, six inches (6'6"), more or less, of sidewalk directly in front of Go Internet Cafe, located at 10 King Street East, for the operation of a sidewalk patio for the 2000 season." - and - "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of The Strand to permit the use of four feet eleven inches (4'11"), more or less, of sidewalk directly in front of The Strand located at 185 King Street West, for the operation of a sidewalk deck for the 2000 season." - and - "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Dandy's Restaurant to permit the use of five feet (5') of sidewalk directly in front of Dandy's Restaurant located at 85 King Street West, for the operation of a sidewalk patio for the 2000 season". - and - "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Slices Restaurant to permit the use of eleven feet seven inches (11'7"), more or less, of sidewalk directly in front of Slices Restaurant located at 300 King Street West, for the operation of a sidewalk patio for the 2000 season." - and - "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Big City Donut to permit the use of six feet (6'), more or less, of sidewalk directly in front of Big City Donut located at 24 Gaukel Street, for the operation of a sidewalk patio for the 2000 season." - and - "That subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Stages to permit the use of seven feet, six inches (7'6"), more or less, of sidewalk directly in front of Stages located at 312 King Street West, for the operation of a sidewalk patio for the 2000 season." - and - "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Da Vinci's to permit the use of 8 feet, more or less, of sidewalk directly in front of Da Vinci's located at 271 King Street West and Jovana's located at 273 King Street West, for the operation of a sidewalk patio for the 2000 season." 3. Various Tenders The tenders were dealt with under Delegations. APRIL 3, 2000 COUNCIL MINUTES - 193 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Fla.q Request - Canadian Labour Conqress Day of Mourninq Council was in receipt of correspondence from K. Oulds dated February 22, 2000, requesting that a memorial flag be flown at City Hall on April 28, 2000. It was resolved: "That permission be granted to fly the Canadian Labour Congress - Day of Mourning memorial flag at half mast at City Hall on April 28, 2000, as outlined in correspondence from K. Oulds, Waterloo Regional Labour Council, dated February 22, 2000." 5. Charitable Refreshment Stand - 38th Kitchener Scouts Group Council was in receipt of correspondence from J. Koppeser, Manager of Licensing, concerning a request for permission to hold Barbeques at two locations on a series of dates. It was resolved: "That the 38th Kitchener Scouts be granted permission to hold Barbeques at the locations and on the dates listed below, provided the necessary licences, including Health and Fire approvals, are obtained: · Zehrs- Highland Hills (875 Fischer-Hallman Road) April 1 and 2, 2000 May 13 and 14, 2000 June 10 and 11,2000 · Canadian Tire (563 Highland Road West) April 15 and 16, 2000 May 19 and 20, 2000." 6. Licensinq Agreement - 156 Kinq Street West Council was in receipt this date of a memorandum from J. Shivas, City Solicitor, dated March 30, 2000, recommending execution of a Licensing Agreement for the temporary re-location of a business which suffered smoke and water damage during the recent Downtown fire. It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement, dated March 30, 2000 with Paul Szasz, carrying on business as Golden Tiger School of Kung Fu to rent temporarily for the sum of $2,600.00, the 2nd and 3rd floors of 156 King Street West, from April 1 to May 31,2000, for the purpose of a martial arts school." 7. Compliance with Restrictions- 255 McBrine Drive Council was in receipt this date of a memorandum from J. Shivas, City Solicitor, dated April 3, 2000, in response to a request that the City confirm the subject property complies with title control restrictions. APRIL 3, 2000 COUNCIL MINUTES - 194 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Compliance with Restrictions - 255 McBrine Drive - (Cont'd) It was resolved: "That on April 3, 2000 the property described as Part Lot 16, Registrar's Compiled Plan 1471 designated as Part 1 on Plan 58R-6266 and being part of the property municipally known as 255 McBrine Drive, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 955113."