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HomeMy WebLinkAboutCouncil Minutes - 2000-03-20COUNCIL MINUTES MARCH 20, 2000 CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillors C. Weylie and K. Taylor-Harrison. The meeting began with the singing of "O Canada" by Miss Pamela Theune of the King School of Vocal. Mayor C. Zehr thanked Miss Theune for presenting her rendition of the National Anthem this date. Prior to considering adoption of the February 28, 2000 Council minutes, on motion by Councillor J. Haalboom, seconded by Councillor T. Galloway, it was agreed to amend page 74 of the minutes to correct the surname of the owners of 39 Doon Valley Drive from Chelski to Taleski. On motion by Councillor M. Yantzi, the minutes of the regular meeting held February 28, 2000, as amended this date, and special meetings held February 28 and March 6, 2000, as mailed to the Mayor and Councillors, were adopted. COMMUNICATION REFERRED DIRECTLY TO FILE (1) G.R.C.A. 2000 Budget & Supporting Information, Financial Statements as of December 31, 1999 and Minutes of February 25, 2000 General Meeting. Councillor J. Ziegler referred to his Notice of Motion given on February 28, 2000 as listed on the agenda this date for introduction of a Motion for Reconsideration pertaining to Council's February 14, 2000 decision to conduct a salary and classification survey for unionized and selected non-union employee groups. Councillor Ziegler advised that he would like to defer and refer this issue to the next regular Council meeting for consideration subject to there being full attendance by members of Council. He asked that the Mayor's Office staff determine if any member of Council was going to be absent at the April 3, 2000 regular Council meeting and if so he would like the matter deferred to the following Council meeting. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from all discussion respecting this matter as his wife is employed by the City of Kitchener. Councillor Jake Smola stated that he would like the Notice of Motion dealt with at this meeting. Mayor C. Zehr suggested there was an issue of fairness that should be exercised in accommodating the wish of a member of Council with respect to their Notice of Motion. Mr. R.W. Pritchard provided comment with regard to the technical aspect of the request as contained in Section 25.7.15 of the Municipal Code and on the issue of fairness. Mayor C. Zehr stated that he considered Councillor Jake Smola's request to be highly unusual and ruled that he would accept Councillor J. Ziegler's request to defer consideration of the Notice of Motion to the April 3, 2000 Council meeting, subject to all members of Council being present. Mr. Larry Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. He asked that Council consider an additional matter outlined in his memorandum dated March 20, 2000, circulated this date, dealing with authorization to negotiate the purchase of a mud jacking sidewalk lifter. Councillor John Smola referred to Tender T00-002 regarding road and surface construction and the City's 20 percent reduction in the proposed work to meet budget financing. Mr. E. Kovacs commented that the cost of oil was significantly impacting the price of asphalt and advised that he would be preparing a full report and revised list of work projects for presentation to the Public Works and Transportation Committee. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That Tender T00-032, for Domestic Gas Meters, be awarded to Canadian Meter Co., Milton, Ontario at the tendered price of $142,200.00 plus G.S.T. and P.S.T." - and - "That Expression of Interest E00-008, Consultant Services, Entrance Features Site Design And Development Williamsburg Cemetery, be awarded to Hilton Landmarks Inc., Waterloo, COUNCIL MINUTES MARCH 20, 2000 - 157 - CITY OF KITCHENER at their estimated fee of $13,953.00, including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Proposal P00-005, for Digital Ortho Imagery, be awarded to Northway-Photomap inc. of Don Mills at their proposed price of $119,716.00 plus G.S.T. The City of Kitchener portion of this project is $52,232.70 plus G.S.T." - and - "That tender T00-002, Road and Surface Construction be awarded to Capital Paving lnc., Guelph at their reduced tendered price of $2,434,180. Including G.S.T." - and - "That tender T00-023 - Closed Circuit TV Inspection of Gravity Sewers, be awarded to Uniflow Drain Services Inc., Hamilton at their reduced tendered price of $208,564. including all applicable taxes." - and - "That tender T00-003 - Rubber Tire 4 Wheel Drive Diesel Powered Articulated Tractor, be awarded as follows: One unit from Champion Road Machinery, Brampton, Ontario at their tendered price of $65,800., optional salt and sand spreader at $3,700. and optional front mounted rotary mower at $12,900. plus P.S.T. and G.S.T. One unit from Work Equipment Ltd., Courtland, Ontario at their tendered price of $68,517.00 plus G.S.T. and P.S.T." - and - "That Tender T00-024, for the Preventative maintenance and Deliming of Rental Water Heaters be awarded to Delta Deliming of Kitchener, Ontario at the tendered price of $108,000.00 for a two year period." - and - "That Tender T99-099, for Structural Steel Upgrades, be awarded to G.M. Gest Group Ltd., Thornhill, Ontario at the tendered price of $93,333.00 plus G.S.T." - and - "That Council waive the requirement for Public Tendering and authorize the Manager of Purchasing to negotiate the purchase of a Mud Jacking Sidewalk Lifter with Pioneer North Concrete Raising Inc., Guelph, at an estimated cost of $59,400.00, rock drill $5,545.00 plus G.S.T. and P.S.T." Carried. Ms. Lorna Ferguson, Millennium Projects Co-ordinator, was in attendance to request endorsement of a Millennium Steering grant application to Main Street Ontario for an additional project as outlined in a staff report dated March 20, 2000 attached to the agenda. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That Council give final approval for the Millennium Selection and Steering Committee's October 4, 1999 recommendations for projects totalling $91,100.00 to be included in an application to the Province's Main Street Ontario Millennium Funding Program, the projects having met the conditions as set out in the October 4, 1999 Main Street Ontario Millennium Funding Report to Council; and, COUNCIL MINUTES MARCH 20, 2000 - 158 - CITY OF KITCHENER That Council give approval for an additional millennium project on behalf of the K-W Multicultural Centre for $3,000.00 to be included in the application to the Main Street Ontario Millennium Funding Program; and further, That a letter of endorsement for the Multicultural Centre project be prepared by staff and signed off by the Mayor on behalf of Council, as required for inclusion in the application; and further, That Council approve the purchase of special event insurance from the original millennium budget at the maximum cost of $2,500.00 if deemed necessary by the Committee following an investigation." Carried. Ms. Cindy Ertel was in attendance to request extension of Council's November 2, 1998 resolution in which permission was granted to Mr. Chris Wynes to continue operation of a chip wagon at the corner of Strasburg Road and Battler Road. Ms. Ertel advised that she was purchasing the business and wished to obtain assurance as to extension of the current authorization. Mr. B. Stanley reviewed the history of the chip wagon operation. He stressed that the November 2, 1998 resolution was a rare instance where occupancy was permitted even though the use was not allowed under the Municipal Plan and where no specific time frame was given with respect to finalization of a zone change application. He advised that the matter would eventually be dealt with within the context of the Official Plan review and staff support continuation of the use. However, the purchaser is being made aware that an official plan amendment and zone change is required and no assurances could be given that approvals would be forthcoming in this regard. Ms. Ertel advised that she wishes to proceed to purchase the business with the requested extension and was fully aware of the risks in this matter. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That Council's November 2, 1998 resolution and conditions be re-affirmed as it relates to acquisition of the Jungle Fries business by Ms. Cindy Ertel; and further, That her request for extension of permission to operate be granted for 2000 and reviewed on a year-to-year basis; however, should the applications for official plan amendment and zone change not be successful, the applicant shall be permitted to operate the subject business until the end of the then current year." Carried. Moved by Councillor M. Yantzi Seconded by Councillor Jake Smola "That the report of the Planning and Economic Development Committee be adopted." Councillor J. Haalboom advised that she was opposed to Clause 1 of the report and requested that it be dealt with separately. The report was voted on clause by clause. Clause 1 - Carried. Balance of report - Carried. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That the report of the Community Services Committee be adopted." On motion by Councillor G. Lorentz, seconded by Councillor John Smola, it was agreed to amend Clause 3 of the report so as to also refer to Chapter 213 (Columbaria and Mausolea in Municipal Cemeteries). COUNCIL MINUTES MARCH 20, 2000 - 159 - CITY OF KITCHENER The Community Services Committee report was voted on clause by clause. Clause 3 - Carried (As Amended) Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the report of the Finance and Administration Committee be adopted." Councillor J. Haalboom requested that Clause 4 be dealt with separately by recorded vote. A report dated March 20, 2000 from Ms. L. MacDonald was circulated with respect to Clause 4. On motion by Councillor J. Ziegler, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 4 in accordance with the recommendation outlined in Ms. MacDonald's report dealing with execution of an Encroachment Agreement for a sidewalk patio in front of the Mayfair Hotel. Councillor John Smola requested to be recorded as opposed to Clause 5 as it relates to the appointment process for Kitchener appointees to the new Hydro Electric Corporation Board of Directors. On motion by Councillor T. Galloway, seconded by Councillor G. Lorentz, it was agreed to amend Clause 5(b) so as to appoint Councillors B. Vrbanovic and J. Haalboom as the two Kitchener Council representatives. In reference to Clause 3, Councillor Jake Smola withdrew a request to have it referred to the April 6, 2000 Environmental Committee meeting and alternatively requested documentation relative to the GROUP grant be circulated as information to the Environmental Committee on April 6, 2000. The report was voted on clause by clause. Clause 4 - A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, J. Ziegler, T. Galloway and G. Lorentz. Contra: Councillor J. Haalboom Motion Carried (As Amended) Clause 5 - Carried (As Amended) Balance of report - Carried. For the record, Councillor John Smola was recorded as being opposed to Clause 5. Moved by Councillor Jake Smola Seconded by Councillor M. Yantzi "That the report of the Environmental Committee be adopted." Mr. B. Stanley explained the rationale behind Clause 2(b) of the report noting that in 1999 a significant amount of internal costs were absorbed to promote Earth Day but there was no allocation of these costs by department. He advised that Management Committee was in support of expenditure overruns with respect to the Earth Day activities. Ms. P. Houston acknowledged that there would be overexpenditures but commented that was already the case last year and that the initiative now was to develop a better overall picture of the event with respect to budget impact and analysis. Mr. Stanley categorized the nature of the costs for Earth Day activities and provided examples of direct and in-kind expenses. Councillor J. Haalboom referred to Clause 2(a) of the report as discussed in the Committee meeting minutes and suggested it appears the City does not have any municipal staff to address the site alterations problem. Accordingly, she suggested that the City should be appealing to the Region of COUNCIL MINUTES MARCH 20, 2000 - 160 - CITY OF KITCHENER Waterloo to get involved in this issue. Mr. B. Stanley noted that site alteration was a complex issue and suggested it would be best if full discussion took place when the matter is considered by the Planning and Economic Development Committee at its March 27, 2000 meeting. The report of the Environmental Committee was then put to a vote and Carried. Councillor G. Lorentz raised the matter of graffiti on all forms of public and private fixtures and advised that the problem was very rapidly getting much worse in Forest Heights. Mr. B. Stanley advised that a financial grant to institute the anti-graffiti program has been approved and includes many components relative to implementation. Mr. E. Kovacs noted that Public Works operations staff would commence graffiti cleanup activities when they were made aware of specific locations. It was also noted that Ms. J. Dean is developing a reporting mechanism involving City departments, Bell Canada and Kitchener-Wilmot Hydro that would identify and document instances of graffiti that would involve the Regional Police prior to staff undertaking removal. Mr. J. Gazzola commented on the anti- graffiti program and structure as now developed and pointed out it was a question of funding to address the problem. Councillor T. Galloway echoed many of Councillor G. Lorentz's comments as to the fact that the graffiti problem only recently became much worse and asked that an effort be made to undertake cleanup as quickly as possible as a means to discourage more graffiti. Following this discussion, the graffiti matter was left with Mr. J. Gazzola to develop an action plan in the interim pending commencement of the full anti-graffiti program. It was noted that this was the last Council meeting that Fire Chief J. Hancock would be attending and Mayor C. Zehr and several Councillors officially expressed their appreciation to Mr. Hancock for his work and contribution to the Kitchener Fire Service. Mayor Zehr noted that full recognition of Chief Hancock's community contribution would take place at an event being held March 21, 2000. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the City purchase Parcel 5 being approximately 18.34 acres of land at $75,000 per acre from the Huron Woods Development Corporation for a total purchase price of approximately $1,375,000 to close June 30, 2000. In return the Huron Woods Development Corporation will be responsible for the completion of grading and servicing of the site prior to closing; and further, That the Mayor and Clerk be authorized to sign an Agreement of Purchase satisfactory to the City Solicitor." Carried. Prior to consideration of the by-laws, Council consented to a request from Mr. B. Stanley that the by- law listed on the agenda as item 9(e) and 12(e) referring to Amendment No. 26 to the Municipal Plan be corrected to No. 27 as Amendment No. 26 was already designated. Moved by Councillor J. Ziegler Seconded by G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (b) Being a by-law to authorize the conveyance of part of Closed Lane and to fix the consideration thereof (Old Chestnut). (c) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Activa Development Corporation - Activa Avenue. (d) Being a by-law to designate part of the property municipally known as 176 Victoria Street North in the City of Kitchener as being of historical and architectural value. MARCH 20, 2000 COUNCIL MINUTES - 161 - CITY OF KITCHENER (e) (f) (g) Being a by-law to adopt Amendment No. 27 to the City of Kitchener Municipal Plan - Revised Road Classification and Road Width. Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal. Being a by-law to amend Chapter 213 of the City of Kitchener Municipal Code with respect to Columbaria and Mausolea in Municipal Cemeteries. (h) 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 Whole." the Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor M. Yantzi as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor M. Yantzi Seconded by Councillor Jake Smola "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) Carried. To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. Being a by-law to authorize the conveyance of part of Closed consideration thereof (Old Chestnut). (By-law No. 2000-41) Lane and to fix the Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Activa Development Corporation - Activa Avenue. (By-law No. 2000-43) Being a by-law to designate part of the property municipally known as 176 Victoria Street North in the City of Kitchener as being of historical and architectural value. (By-law No. 2000-44) Being a by-law to adopt Amendment No. 27 to the City of Kitchener Municipal Plan - Revised Road Classification and Road Width. (By-law No. 2000-45) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal. (By-law No. 2000-46) (By-law No. 2000-42) MARCH 20, 2000 COUNCIL MINUTES - 162 - CITY OF KITCHENER (g) (h) Being a by-law to amend Chapter 213 of the City of Kitchener Municipal Code with respect to Columbaria and Mausolea in Municipal Cemeteries. To confirm all actions and proceedings of the Council. (By-law No. 2000-47) (By-law No. 2000-48) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK MARCH 20, 2000 COUNCIL MINUTES - 163 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That City Council adopt Municipal Plan Amendment Application MP 98/2/C/GR (Huron Road - Revised Road Classification and Road Width, City - Initiated) being an amendment to: a) Revise Map 4 -"Transportation" by changing the classification of Huron Road between Trussler Road and Westmount Road, as shown on Schedule 'A' attached to the amendment, from a Primary Arterial Road to a Scenic-Heritage Road. b) Revise Schedule 'D' -"Roads to be Widened" by including Huron Road between Trussler Road and Westmount Road, as having an ultimate width of 26 metres. c) Revise Part 2, Section 8.3.3 -"Scenic Roads", by adding the following section: 8.3.3.9. viii)Huron Road between Trussler Road and Westmount Road. It is acknowledged that the scenic-heritage designation of Huron Road is based purely on historic grounds and as such, widening of the carriage way, changes to the surface treatment, and other changes may be permitted. This plan recognizes the present Secondary Arterial function of Huron Road until such time as plans for future urban development abutting the roadway are proposed, at which time the necessary planning, transportation or traffic studies shall be undertaken to re-examine the functional operation of the road and the impact of development on its historic significance. Further, every effort shall be made to maintain the existing road profile (rolling/undulating topographical characteristics) in recognition of the historical significance of the road. 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 Section 3 (a) (Membership and Organization) of Council Policy 1-90 (Kitchener Downtown Advisory Committee - Terms of Reference) be amended as follows: · Reduce the number of Council members from 3 to 2, and · Delete representatives from Cherry Hill and King-Belmont Neighbourhood Associations, and · Add representation from King East, Mill-Courtland, Mt. Hope/Breithaupt and Victoria Park Neighbourhood Associations, and · Add one representative from each of the Kitchener Public Library and the Waterloo Regional Police Services And further, that the quorum of the Downtown Advisory Committee be reduced from 14 to 10 members. That Zone Change Application ZC O0/02/AILM (Activa Avenue - Activa Development Corporation) requesting a change in zoning to from Neighbourhood Institutional Zone (I-1) to Residential Six Zone (R-6) with Special Regulation Provision 287R on lands legally described as Part of Block 28, Registered Plan 58M-132 for the City of Kitchener, be approved, in the form shown in the attached "Proposed By-law", dated January 18, 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 Road Closure Application LA 99/4/P/JG (Remnant parts of Pioneer Tower Road) be approved subject to the following conditions: a) That the Legal Department and the Corporate Services and City Clerk's Department be instructed to proceed with the preparation of a By-law and necessary advertising in the local newspaper for the closing of Parts 3, 5 and 6 of Plan 58M-8433 as shown generally on the Map attached. MARCH 20, 2000 COUNCIL MINUTES - 164 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE {CONT'D) 4. Cont'd b) That the applicant make suitable arrangements with Kitchener Wilmot Hydro for the establishment of easements over Part 3 and prepare the required reference plan showing the easements to the satisfaction of Kitchener Wilmot Hydro. c) That the purchaser pay $1.00/square foot as determined by the City's Legal Department for Parts 5 and 6 and $0.50 per square foot for Part 3, all of Plan 58R-8433, and that the proceeds of the sale be designated to re-establish the log cabin formerly located at 146 Pioneer Tower Road now under City ownership and presently in storage. d) That the purchaser be responsible for all costs related to survey, legal, registration and advertising associated with the closure of the parts of the road. That the membership composition of the judging panel for the City's Urban Design Awards be amended to the following: · Chair of the Planning and Economic Development Committee · President of the Waterloo Region Home Builders Association · a practising Architect, and · a practising Landscape Architect. That Demolition Control Application DC 9912NIZJ (1575 Victoria Street North - Ivan and Zora Koraca) requesting approval of the demolition of the vacant single detached dwelling at 1575 Victoria Street North, legally described as Part of Lot 123, German Company Tract, b.~e approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That the City of Kitchener agrees to be a Community Partner in the establishment of a Community - University Research Alliance under the Pilot Program of the Social Sciences and Humanities Research Council of Canada related to undertaking studies and research to improve our knowledge base for Municipal decision making for planning the Mid-sized City with an emphasis and focus on the Waterloo Region Core areas; and further That the Mayor be authorized to sign a Letter of Intent jointly with the proposed partner to become a Community Partner in the undertaking. That the City of Kitchener continue to plan co-operatively with both the Waterloo Catholic District School Board and the Waterloo Region School Board to ensure the adequate provision of schools in the City of Kitchener to meet the needs of residents in existing and new communities and, where possible, to continue to plan and develop joint school and park sites to facilitate the most efficient use of land and facilities. COMMUNITY SERVICES COMMITTEE - That Council approve an operating grant for the Twin Cities Minor Tackle Football Association in the amount of $2,500.00 to cover field rental, equipment replacement and coaching development costs for the year 2000; and further, That future funding requests from the Twin Cities Minor Tackle Football Association be processed as part of the annual Minor Sports Grants operating budget. That the City of Kitchener allocate 1% of the budget for construction costs of civic buildings or other civic projects intended for general public use, to a maximum of $300,000.00, to be used toward the commission of art to be displayed in public areas or as part of the building structure; and, COUNCIL MINUTES MARCH 20, 2000 - 165 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. Cont'd That the City of Kitchener encourage new commercial and institutional construction or renovation with values over $1M to allocate 1% of the construction budget for the provision of public art; and, That the standard for public art found in the Urban Design Manual be used to provide assistance in determining location and selection of theme, kind and nature of the art form; with the Public Art Committee to be available as a resource in this regard; and further, That a representative from the Public Art Committee or designate be involved with the design process for all new civic facilities at the earliest possible point, to ensure that the location for the work is well integrated in the building and maximizes its public exposure. That Council approve amendments to Chapter 210 (Cemeteries) and Chapter 213 (Columbaria and Mausolea in Municipal Cemeteries) of the City of Kitchener Municipal Code as outlined in the draft by-laws attached to the report of Mr. G. Kett, Manager of Cemetery and Golf Course Operations, dated February 28, 2000; and, That Council approve an amendment to the Cemeteries Tariff of Charges to provide for fees to be charged for the Dedication Centre niche units, as attached to the report of Mr. G. Kett, Manager of Cemetery and Golf Course Operations, dated February 28, 2000; and further, That staff be directed to forward copies of the approved by-laws and the amendment to the Cemeteries Tariff of Charges to the Registrar of the Cemeteries Regulations Branch. (As Amended) That the report of Mr. J. Coish, Manager of Alarm Monitoring, dated March 6, 2000, with respect to residential market plan for "Direct Detect" Fire and Carbon Monoxide Alarm Monitoring serve as a guide to the Kitchener Fire Department's market strategy and the development of marketing programs, which will remain subject to budget approvals; and, That the Residential Alarm Monitoring Rate Schedule contained in Appendix A of the report of Mr. J. Coish, Manager of Alarm Monitoring, dated March 6, 2000, be accepted for the year 2000, with any future changes being brought forward during the annual budget review process; and, That the Legal Department prepare any and all agreements necessary to meet the City of Kitchener's Direct-to-Fire Alarm Monitoring Program; and further, That the Fire Chief and Deputy Fire Chief be given signing authority for all customer, dealer and product purchase agreements. FINANCE AND ADMINISTRATION COMMITTEE - That the request of Barbara McLeod for an exemption for Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code, to permit her to locate a Refreshment Vehicle at The Beer Store, 2644 King Street East, Kitchener, be approved, provided that the necessary licence with Health and Fire approval is obtained. That the licence fee for the Herb Fair on April 29 & 30, 2000, and the Handwerk Craft Show on August 19, 2000, taking place at the Joseph Schneider Haus be reduced to $10.00; and further, That the Joseph Schneider Haus be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code during Handwerk: A Waterloo County Craft Show & Sale to be held on August 19, 2000 from 1:00 p.m. to 5:00 p.m. That Council approve a Community Development Infrastructure Grant up to $1,500.00 for the GROUP (Get Rid of Urban Pesticides) to run a pesticide awareness program; further, COUNCIL MINUTES MARCH 20, 2000 - 166 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 3. (Cont'd) That an evaluation of the program be undertaken with a final report to be prepared and presented to City Council. That notwithstanding the Mayfair Hotel does not operate under a restaurant licence, staff process their request to operate a sidewalk patio in the year 2000, outside their premises at the corner of King Street and Young Street; and further, That subject to obtaining all necessary approvals and the payment of all required license fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of the Mayfair Hotel to permit the use of five feet (5'), more or less, of sidewalk directly in front of the Mayfair Hotel, located at 11 Young Street, for the operation of a sidewalk patio for the 2000 season. (As Amended) That Council approve the following process for selection of City of Kitchener appointees to the new Hydro-Electric Corporation Board of Directors: (a) A consultant be retained to advertise for members of the Board of Directors in accordance with the qualifications contained in the shareholders agreement, and to review the applications to determine which ones meet the qualifications; and, (b) The consultant report to and provide the applications of qualified applicants to a working committee comprised of Mayor C. Zehr, Councillors B. Vrbanovic and J. Haalboom, the Chief Administrative Officer and the General Manager of Public Works and Transportation; and, (c) Mr. R. Charie, General Manager of Kitchener-Wilmot Hydro act in an advisory capacity to the working committee; and further (d) The working committee recommend appointees to the new Hydro-Electric Corporation Board of Directors for consideration by City Council. (As Amended) That the City of Kitchener maintain its existing Capital Policy, as outlined in the report of P. Houston, Chief Financial Officer and City Treasurer, dated February 22, 2000. ENVIRON MENTAL COM M ITTEE - That the Planning and Economic Development Committee be advised the Environmental Committee endorses the following recommendation contained in staff report BPS 2000/19 (Bill 163 Legislation Relating to Tree Cutting By-law for Woodlots): 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. a) That the Planning and Economic Development Committee be advised the Environmental Committee endorses the following recommendation contained in staff report BPS 2000/20 (Bill 163 Legislation to Regulate Site Alteration), as revised: 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, COUNCIL MINUTES MARCH 20, 2000 - 167 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRONMENTAL COMMITTEE- (CONT'D) 2. (Cont'd) a) (Cont'd) 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. b) That the draft Earth Day 2000 Program be endorsed and the previously approved $6,000.00 budget be increased by an additional $12,450.00 to provide for an expenditure of up to $18,450.00, as presented to the Environmental Committee at its meeting held on March 9, 2000. COUNCIL MINUTES MARCH 20, 2000 - 168 - 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) Provincial Lottery Licence It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Beth Jacob Congregation to conduct a social gaming event at the Beth Jacob Synagogue, 161 Stirling Ave. S., Kitchener, on June 21, 2000." ii) Permanent Vendor Licence It was resolved: "That Michael Verrette be granted a 2000 Permanent Vendor Licence to operate a business known as VVVVVV. Powerdot.net Limited at 825 Weber Street East, Unit #5, Kitchener." iii) Massagists It was resolved: "That Anne Jacques, who is employed at 1412 Victoria Street North, Kitchener be granted a Massagist Licence for the year 2000." - and - "That Roxanne Dander, who is employed at #4-808 Courtland Avenue East, Kitchener, be granted a Massagist Licence for the year 2000." 2. A.qreement- Emmanuel Villaqe Homes (Kitchener) Inc. It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with Emmanuel village Homes (Kitchener) Inc. satisfactory to the City Solicitor for the placement of a privacy fence between land known municipally as 1250 Weber Street east, Kitchener, Ontario and the city-owned Woodland Cemetery. Downtown Financial Incentives - 255 Kinq Street West - ROCKWAY-VICTORIA WARD It was resolved: "That a "Grant-in-lieu of Building Permit Fee" in the amount of $33,887 and a "Rehabilitation and Redevelopment Tax Rebate" in the amount of $78,322 be approved under the Downtown Financial Incentive Program for the 1998 renovations to the King Centre, subject to the finalization of the sale of the property." COUNCIL MINUTES MARCH 20, 2000 - 169 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) Consent to Lease and Mortqa.qe - 630 Riverbend Drive - BRIDGEPORT-NORTH WARD It was resolved: "That, on March 20, 2000, the property described as Part Lot 59 of the German Company Tract designated as Parts 1, 2 & 3 on Plan 58R-11437 and municipally known as 630 Riverbend Drive, Kitchener complied with the restrictions set out in Schedule "A" to Instrument No. 1393140; and further That the City consents to a mortgage from lan Cook Construction Limited to Clarica Life Insurance Company and leases between lan Cook Construction Limited and Manulife Financial, Johnston and Cardy LLP Accountants and First Suburban/Foxboro Green for the property described as Part Lot 59 of the German Company Tract designated as Parts 1, 2 & 3 on Plan 58R-11437 and municipally known as 630 Riverbend Drive, Kitchener." 5. Tan Day It was resolved: "That the Royal Canadian Air Cadets be allowed to conduct the annual Air Cadet Scott Wilson Tag Day for Cancer in Kitchener on Saturday, April 15, 2000: King Street, from Ontario Street to Frederick Street; Ontario and Queen Streets, within one block of either side of King Street; Scott and Frederick Streets outside the Kitchener Farmers' Market entrances; and, outside the Kitchener Memorial Auditorium Complex." 6. Encroachment Aqreement Request - Siqn - CENTRE WARD It was resolved: "That, subject to the issuance of a sign permit, the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner of Parts 4, 5, 6, 7, 8 and 9 on Plan 58R-2619, municipally known as 256 King Street East, to permit the construction and maintenance of a sign which will encroach 1 foot, more or less, over the King Street East road allowance." 7. Re-orqanization - Traffic and Parkinq At Councillor B. Vrbanovic's request, it was agreed to delete a portion of the recommendation referring to a reduction of one part-time parking attendant being imposed effective immediately. It was resolved: "That John McBride be appointed Director of Parking retro-active to January 4, 2000." 8. Various Tenders The tenders were dealt with under Delegations. COUNCIL MINUTES MARCH 20, 2000 - 170 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) A.qreement - Fire Dispatch and Direct Fire Alarm Monitorinq Service - Township of Woolwich It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, dated January 1, 2000 with the Township of Woolwich, to provide for fire dispatch and direct fire alarm monitoring service to Woolwich." 10. Sale of Tickets The Committee considered memoranda dated March 16 and 17, 2000 from the Manager of Licensing pertaining to requests by the Canadian Red Cross Society and the Heart and Stroke Foundation of Ontario. It was resolved: "That the City of Kitchener has no objection to The Canadian Red Cross Society, 5700 Cancross Court, Mississauga, Ontario L5R 3E9, being granted permission to sell tickets in the City of Kitchener for a raffle draw to be held on June 30, 2000. The draw will be held at KPMG, 200 Consumers Rd., #500, Toronto, Ontario." - and - "That the City of Kitchener has no objection to the Heart and Stroke Foundation of Ontario, 1920 Yonge Street, 4th Floor, Toronto, Ontario, being granted permission to sell tickets in the City of Kitchener for a raffle draw to be held on June 29, 2000. The draw will be held at KPMG, 200 Consumers Rd., #500, Toronto, Ontario." 11. Encroachment Aqreement (Fence) - 19 Troy Street The Committee was in receipt of a memorandum dated March 20, 2000 from L. MacDonald, Assistant City Solicitor. It was resolved: "That subject to verification by the property owner that there are no utilities located in the area to be encroached upon, the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner(s) of Part Lots 12 & 13, Plan 90, municipally known as 19 Troy Street, to permit the construction and maintenance of a three foot (3') high wooden fence along the northwest property line that will encroach eight feet (8'), more or less, into the Troy Street road allowance." 12. Special Council Meetinq -April 10, 2000 - Environmental Committee Hi.qhway 7 Recommendations Earlier in the Council meeting, Councillor Jake Smola requested the recommendations dealing with Highway 7 from the April 6, 2000 Environmental Committee meeting be dealt with at the April 10, 2000 special Council meeting. Councillor B. Vrbanovic suggested that since the topic could generate significant discussion the matter be dealt at the end of the day on April 10, 2000. It was resolved: "That the mid-day April 10, 2000 special Council meeting agenda provide for the meeting to recess and re-convene at approximately 4:30 p.m. or immediately following MARCH 20, 2000 COUNCIL MINUTES - 171 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 12. Special Council Meetinq -April 10, 2000 - Environmental Committee Hi.qhwa¥ 7 Recommendations - (Cont'd) the Planning and Economic Development Committee meeting, to consider recommendations of the Environmental Committee relative to the Highway 7 project/~