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HomeMy WebLinkAboutCouncil Minutes - 2000-06-05COUNCIL MINUTES J U N E 5, 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 Sheridan King and Kennedy King of the King School of Vocal. Mayor C. Zehr expressed the City's appreciation for their appearance this date. On motion by Councillor T. Galloway, the minutes of the regular meeting held May 23, 2000, and special meetings held May 23 and 29, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE (1) Letter dated May 23, 2000, from Hon. Michael Harris, Premier of Ontario, acknowledging receipt of T. Arnott's letter supporting the City's resolution requesting the Province to re-invest in transit capital infrastructure. (2) Various letters dated May 11, 2000, from Hon. Elizabeth Witmer - MPP, Kitchener-Waterloo, acknowledging receipt of Council resolutions concerning amendments to Section 225 of the Municipal Act regarding adult entertainment services; the proposed six-Ward boundary configuration; Bill 79 (Education Levy); and, litter and debris along Provincial highways. Councillor G. Lorentz noted that at the last Council meeting it had been requested that certain correspondence from local MPPs be circulated to members of Council and asked that this be done. Mr. L. 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 a request outlined in his June 5, 2000 memorandum to waive the requirement for public tendering respecting purchase of water heater/air handler combination units to be used for conversion of a 72-unit townhouse project from electric to gas service. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That Tender T00-064, Industrial Tractor Loader and Tractor Loader Backhoe, be awarded to Advance Construction Equipment Ltd., Kitchener, at their tendered price of $164,878., plus G.S.T. and P.S.T." - and - "That Council waive the requirement for Public Tendering and authorize the purchase of seventy-two State water heater/air handler combination units, from Energy Products Groups, Waterloo, at an approximate cost of $85,000. plus G.S.T. and P.S.T." Carried. Mr. Ken Seiling, Chair- Region of Waterloo, appeared as a delegation to present a cheque in the amount of $50,000. as Kitchener's share out of a $300,000. fund for development of the City's section of the Trans-Canada Trail. He noted that this was the second year that the Region had actively participated with local municipalities in this undertaking. As well, he pointed out that Kitchener had developed 27.5 km of trail with 19 km to be completed. Mayor C. Zehr accepted the financial contribution on behalf of the City. Mr. Arnie Boehm appeared as a delegation for the purposes of introducing Mr. Artur Binkowski of Kitchener who as Canadian Super Heavyweight Boxing Champion has now qualified to compete in the 2000 Olympic Games in Sydney, Australia. He noted that the Western Hemisphere was allowed only three entrants to the Olympics and explained the qualification process in that regard. Mr. A. Binkowski stated that it was his hope to put Kitchener-Waterloo and Canada in the spotlight at the Olympic Games and thanked the City for its support of his boxing club. Mr. Barney Tracy, Chair of the K-W Sport Council appeared as a delegation along with approximately 20 athletes to provide a brief overview of the International Children's Games Millennium Festival being held in Hamilton from July 1-7, 2000. He listed financial costs of approximately $8,200. for registration fees and $1,500. - $2,000. for uniforms in order for the children to participate and noted that the organization has raised more than $3,000. of their $10,000. goal which is to send a team at COUNCIL MINUTES J U N E 5, 2000 - 290 - CITY OF KITCHENER no cost to the participants. In this regard, he advised that the group was holding a car wash at the Kitchener Memorial Auditorium Complex on June 17-18 and was also selling MacDonald's coupon books to raise funds. Mr. Tracy advised that Council would be invited to a June 30 team send-off event. Councillor G. Lorentz suggested that the organization approach the City after the Games were complete if they incurred a shortfall of revenue to expenses. In response to Councillor T. Galloway, Mr. Tracy indicated that the Games in Hamilton were sanctioned by the Olympic Committee and that he would obtain information on any bid opportunities for future games that he would pass on to Kitchener officials. Mr. B. Stanley introduced Mr. Mark Van Dongen who is President of the Waterloo Region Homebuilders' Association and advised that he would be making a presentation on the evolution of housing in Kitchener that was presented to the Association a few months ago. Mr. Van Dongen, utilizing the overhead projection system, gave a lengthy presentation explaining how the nature of housing stock first developed in Kitchener and then evolved thereafter. He illustrated examples of building size, architecture and lot characteristics of homes from the earliest beginning of the City through to the present noting benchmark years where the character of dwellings changed. He emphasized that today all segments of the dwelling market were experiencing growth. Mr. Van Dongen specifically referenced the issue of garages and emphasized that the market demands that every home including starter homes have a single car garage feature. As well throughout his presentation he referenced how the ratio of cost of the lot to dwelling has changed over the years from 15% to 85% in the 1960s to 40% to 60% currently. He also remarked on the neo- traditional thinking in housing design, demographic trends, retirement trends and costs of subdivision infrastructure. In response to Councillors on the infrastructure issue he advised that currently a number of possible cost saving alternatives were under discussion with City staff. Messrs. Barry Scanlon and Dennis Berg, Correctional Officers employed by Corrections Ontario, appeared as a delegation to present a submission distributed with the agenda that speaks against the concept of privatization of Ontario jails and to request Council's support to keep jails as publicly administered institutions. Mr. Scanlon then provided a detailed summary of his submission outlining the rationale as to why they were asking all Ontario municipalities to oppose private prisons and support professional, publicly-run correctional services in Ontario. A draft resolution regarding the privatization of correctional services in Ontario was circulated by the delegation for Council endorsement. Councillor B. Vrbanovic stated that he had a concern with the privatization initiative given the significant cost that the Region of Waterloo would be faced with to transfer prisoners back and forth from Milton for court appearance purposes. In response to Councillor Jake Smola, Mr. Scanlon referred to the penalties that taxpayers would be forced to pay under the North American Free Trade Agreement if the Province, after having embraced privatization attempted to revert back to publicly-run correctional facilities. Councillor T. Galloway concurred that there was a place for privatization of some municipal services but that the correctional field was not one of them. Councillor G. Lorentz pointed out that the accountability of privately-run correctional services was non-existent. Moved by Councillor K. Taylor-Harrison Seconded by Councillor B. Vrbanovic "WHEREAS the Government of Ontario says it intends to privatize the operation of provincial correctional facilities; and WHEREAS privately-operated jails have been shown in other jurisdictions to be dangerous to the life, health, and safety of inmates, correctional staff and local citizens; and WHEREAS the private facilities have a very poor record of accountability to voters and their elected representatives; and WHEREAS there is no evidence that private jails will save money for taxpayers; and WHEREAS private prison corporations from outside Canada will export their profits at the expense of our local economies; and COUNCIL MINUTES JUNE 5, 2000 - 291 - CITY OF KITCHENER WHEREAS the North American Free Trade Agreement would make jail privatization difficult, if not impossible, to undo; and WHEREAS the Towns of Midland and Penetanguishene have called on all Ontario municipalities to join it in passing resolutions opposing prison privatization; THEREFORE BE IT RESOLVED that the Council of the City of Kitchener opposes private ownership and operation of provincial correctional facilities (including jails, correctional centres, detention centres and strict discipline facilities); AND FURTHER that the Council of the City of Kitchener supports provincial correctional facilities run by and for the Ontario government, staffed with professional, public correctional workers, and fully accountable to the government and citizens of Ontario." Carried Unanimously. Mr. John Huemiller was registered as a delegation to make a presentation further to his July 5 and October 4, 1999 appearances before City Council but was not in attendance. Mr. Mark Grossman, Shuh, Cline & Grossman, Barristers and Solicitors, appeared as a delegation on behalf of the property owner of 231 Grand River Boulevard in regard to Clause 6 of the Finance and Administration Committee report dealing with consideration of Business and Planning Services staff report BPS-00-062 (By-law to authorize repairs at 231 Grand River Boulevard). Mr. Grossman apologized for his inability to attend the May 29, 2000 Finance and Administration Committee meeting to represent his client as his was involved in a hearing relative to the same matter. He advised that an arbitration approach has been invoked relative to insurance matters and that both sides had agreed upon appointment of Mr. Douglas F. Cutbush as an Umpire under the Insurance Act to resolve the dispute between the parties. Mr. Grossman indicated that he was not opposing the passing of the proposed by-law with respect to repair at 231 Grand River Boulevard but did wish to request that Council make the effective date of the by-law 30 days after its passing. He noted that his client was about to receive a final engineering report from Stantec Consulting by the end of this week. He suggested that once that report is in his client's hand it would be incumbent on his client to act promptly to meet the requirements of the Insurance Act and the by-law if passed by Council. Councillor B. Vrbanovic commented that it was three years since the fire occurred at 231 Grand River Boulevard and questioned what attempts had been made to comply with the property standards orders. Mr. Grossman indicated that the matter was a complex one and different approaches had been proposed. Councillor Jake Smola inquired why the matter had taken so long and Mr. Grossman summarized it as a disagreement with the insurance company over a proper course of action as the cause of delays. Mr. Grossman noted that at this stage only a few items were not resolved. Councillor G. Lorentz questioned to what minimum standard the property had been kept since being vacant and was advised that the property had been maintained as to grass cutting and snow removal. On further inquiry, Mr. Grossman advised that the grass had been cut only once this year but noted that the front yard was not a traditional lawn. Mr. Grossman also pointed out that some of the repair being required in the property standards order would not materially improve the appearance of the property. Councillor J. Ziegler suggested that a better approach might be for Council to give first and second reading this date and failing resolution by the applicant, give third reading to the by-law at Council's July 4, 2000 meeting. Councillor M. Yantzi expressed a concern as to how Council would deal with the matter if only a little work was undertaken to partially restore the property and Mr. Grossman suggested that Council would then have to elect as to how it wishes to proceed. Ms. Lan Lai-Minh appeared as a delegation to support Council passing a by-law to repair the property. She commented that the owners had 1,000 days to repair the property and expressed concern as to the impact of the property on the health and safety of the community residents. Councillor C. Weylie indicated she would introduce the recommendation outlined in the staff report. Councillor B. Vrbanovic stated that if the by-law was passed, the City's tendering process would take several weeks to complete and the property owner would gain some additional time to resolve the matter without City involvement. Mr. Stanley indicated it would probably take 30 days to work through the tendering process. In response to Councillor Ziegler, he suggested that the tender could alert bidders to the possibility that the owner might take action to engage a contractor before the City could award a tender to authorize repairs. Mayor C. Zehr commented that the City could not delay resolving this matter should some small change to the condition of the property take place and noted J U N E 5, 2000 COUNCIL MINUTES - 292 - CITY OF KITCHENER that if the property owner was to proceed with repair or demolition, a bonafide contractor must be in place. Councillor T. Galloway expressed concern with safety issues that the property presented in its current abandoned condition. In response to Councillor Jake Smola, Mr. Grossman indicated that two engineering reports had previously been received by his client and he agreed to ensure that the City had all engineering reports as well as contractor reports with deletion of dollar amounts. Councillor M. Yantzi still expressed concern regarding who would define what sufficient repair progress meant in respect to this property and Councillor Vrbanovic suggested that it would be up to Council to evaluate terms of any agreement between the property owner and a contractor as to the work timelines and commitments for payment. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That Council pass a by-law this date authorizing the repairs at 231 Grand River Boulevard as set out by the amended Order of the Property Standards Committee and at the expense of the property owner." A recorded vote was requested and the motion was carried Unanimously. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee be adopted." Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Clause 6 of the Community Services Committee report be adopted." Pecuniary Interest and Abstention: Councillor T. Galloway as a family effected. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the balance of the Community Services Committee report be adopted." Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee be adopted." Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic Carried. member is Voted on Clause by Clause. Clause 6 - Motion redundant and not considered as the matter was dealt with under Delegations. Balance of report - Carried. Carried. "That Clauses 1 and 2 of the Public Works and Transportation Committee report be adopted." J U N E 5, 2000 COUNCIL MINUTES - 293 - CITY OF KITCHENER On motion by Councillor G. Lorentz, seconded by Councillor B. Vrbanovic, it was agreed to amend Clause 1 so as to request the Region to expedite the passing of a by-law and enforcement initiatives. Voted on Clause by Clause. Clause 1 - Carried, as Amended. Clause 2 - Carried. Moved by Councillor J. Ziegler Seconded by Councillor J. Haalboom "That the balance (Clause 3) of the Public Works and Transportation Committee report be adopted." Councillor John Smola advised that he was opposed to the Committee recommendation due to the problems and liabilities presented by the joint use of sidewalks by pedestrians and cyclists and the waste of staff resources to study this matter. Councillors G. Lorentz and T. Galloway were in support of Councillor John Smola on this matter. Councillor J. Ziegler maintained that roads such as Fairway Road were too small to provide for cyclists and suggested that the City regulate cycling on sidewalks in specific instances as required. Further, he noted that the City had policies in place to encourage cyclists but had no space to accommodate them. He pointed out that the recommendation was simply asking staff to investigate the issue further. Councillor J. Haalboom also emphasized that the initiative was simply to investigate what could be done in certain situations only and suggested that there was an opportunity to look at the problem and address how signage and education could be effected. Councillor Jake Smola recommended that an alternate approach be taken that would have staff report back on portions of the Bikeway Study that deal with this issue before considering it further. Clause 3 of the Public Works and Transportation Committee report was then put to a recorded vote. In Favour: Councilors B. Vrbanovic, J. Haalboom, J. Ziegler and M. Yantzi. Contra: Mayor C. Zehr and Councillors K. Taylor- Harrison, John Smola, Jake Smola, T. Galloway, G. Lorentz and C. Weylie. Motion Lost. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (LACAC) be adopted." Carried. In reference to the 50th Anniversary of the Kitchener Memorial Auditorium, Councillor John Smola provided a brief history of the facility. He noted that a celebration of the event was planned for the remainder of this year through to May, 2001, and listed the following activities: a Wall of History was to be unveiled, a baseball weekend/Conklin Shows event would be hosted on June 15-18, 2000, a time capsule would be set on September 19, 2000, and a Kitchener Rangers hockey event would take place November 10-12, 2000 and plans were underway for events to be held in January and May, 2001. Councillor John Smola announced that the official opening of Firehall #2 at Lancaster and Guelph Streets would take place from 11:00 a.m.- 3:00 p.m. on June 17, 2000. Councillor T. Galloway raised the matter of the effects of hydro de-regulation on consumers and commented it was unfortunate rate increases were necessary because of the de-regulation. He expressed concern that the Ministry of the Environment suggests the rate increases are not needed when the facts tell a different story. Further he noted that Hydro One, which is a creation of the J U N E 5, 2000 COUNCIL MINUTES - 294 - CITY OF KITCHENER Province, has just received a 9-10% increase in rates. He asked if the Mayor could explain what the issues were regarding this entire matter. Mayor C. Zehr commented that hydro de-regulation was a complex process and that all Ontario public utilities were required to go through transition to a corporate status. Further, there are a number of regulations that the Province has not yet defined that have left utilities in the dark as to their future operating costs. He pointed out that Provincial legislation authorizes the utilities to receive a return on the assets of the investment in the utility and a percentage of the rate increase relates to maintaining the worth of the utilities' investment. Mayor Zehr noted that 43% of the rate increase relates to taxes that have to be paid to retire the stranded debt of the former Ontario Hydro. He advised that at the special Council meeting to be held June 12, 2000, documents would be introduced to effect the formation of the local hydro utility corporation. Finally, he indicated that in the longer term rates may decrease due to possible economies on the commodities/production side of the electrical business but not in the distribution side. Councillor T. Galloway referred to the contamination of the Town of Walkerton's water supply and the relief efforts in this regard. He suggested that the City request the Region to provide assistance on behalf of all municipalities within the Region of Waterloo. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That in support of relief efforts in the Town of Walkerton related to the recent water quality problem, the City of Kitchener request the Regional Municipality of Waterloo to provide a financial contribution to the Brockton Response Centre on behalf of all residents and businesses of the Region of Waterloo." Carried. In response to Councillor Jake Smola, Mr. F. Pizzuto advised that the Departments of Community Services and Public Works collaborated to collect water for Walkerton and that three van loads of water bottles were sent to the pick-up point at Conestoga Mall. Councillor B. Vrbanovic advised that he had been working with staff on grass cutting enforcement under the property standards regulations. He noted that the process was not as effective as that utilized in respect to sidewalk snow removal and suggested a similar approach be adopted to address grass cutting. Mr. B. Stanley confirmed that staff would review the matter and noted that the City did have a standing order with a lawn service company to cut grass on request. Accordingly, he indicated that staff would review the process to achieve compliance with enforcement staff and prepare a report for consideration at a future meeting of the Planning and Economic Development Committee. Councillor J. Haalboom noted that the Doon-Pioneer Neighbourhood Association had won the 1999 Festival of Neighbourhoods Award and had obtained and hosted a mobile skateboard park. Based on the success of that event, she suggested there was a need for a mobile skateboard facility available to the community. Mr. F. Pizzuto advised that discussions have taken place regarding such a proposal and indicated that a meeting of neighbourhood associations would be convened to discuss this initiative. Councillor K. Taylor-Harrison announced that the Second Annual Youth Charity Golf Tournament would take place on Wednesday, June 21, 2000, and was being supported by Police, Fire and Ambulance officials. She noted that the goal this year was to raise $10,000. and that volunteers were needed to assist in the event. Councillor Jake Smola referred to the Residential Energy Efficiency Program (REEP) and noted that 1,000 energy audits have now been completed in Waterloo under the program. He encouraged homeowners to take advantage of the $25. cost of the audit and indicated that he has invited REEP officials to update City Council in September. Councillor Jake Smola advised that he was in receipt of a letter from Local 785 of the Central Ontario Regional Council of Carpenters, Drywall and Allied Workers dealing with the subject of local hire opportunities in regard to publicly-funded construction projects. Mayor C. Zehr advised that he was in the process of dealing with the matter. J U N E 5, 2000 COUNCIL MINUTES - 295 - CITY OF KITCHENER Councillor Jake Smola referred to the use of cell phones by automobile drivers and concern of this practice as a public safety issue. He suggested that staff look into the jurisdictional authority of a by- law that would address this problem. A motion by Councillor Jake Smola, seconded by Councillor John Smola, to request staff to investigate municipal authority to regulate cell phone use in automobiles was put to a vote and Lost. At the request of Mr. R.W. Pritchard Council consented to the addition of four by-laws for three readings to the agenda this date. Two of the by-laws relate to the City's 2000 tax levy, a third by-law relates to a request for an extension agreement pursuant to the Municipal Tax Sales Act respecting the property known as 62 Waterloo Street and the fourth by-law relates to Council's action this date concerning property standards matters at 231 Grand River Boulevard. Moved by Councillor John Smola Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act. (b) Being a by-law to amend Chapter 110 of The City of Kitchener Municipal Code regarding By-law Enforcement. (c) Being a by-law to close, retain and transfer part of Pioneer Tower Road in the City of Kitchener. (d) Being a by-law to set and levy the rates of taxation for City purposes for the year 2000 and to provide for the payment of taxes after interim taxes. (e) Being a by-law to set and levy the rates of taxation for City purposes for the year 2000 and to provide for the payment of taxes after interim taxes. (f) Being a by-law to authorize an extension agreement with Daniel Thompson Sharkoff and Marilyn Louise Sharkoff, the owners of 62 Waterloo Street, in accordance with the Municipal Tax Sales Act, permitting a further period of time in which the cancellation price may be paid with respect to tax arrears certificate registered on the title to the lands known municipally as 62 Waterloo Street, Kitchener, on June 10, 1999. (g) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 231 Grand River Boulevard, Kitchener. (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 the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole and Mayor C. Zehr appointed Councillor T. Galloway as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. J U N E 5, 2000 COUNCIL MINUTES - 296 - CITY OF KITCHENER Moved by Councillor John Smola Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to close, retain and transfer parts of Rothsay Avenue and to transfer part of adjacent one foot reserve in the City of Kitchener. (By-law No. 2000-88) (b) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act. (By-law No. 2000-89) (c) 110 of The City of Kitchener Municipal Code (d) (e) (f) (g) (h) Being a by-law to amend Chapter regarding By-law Enforcement. (By-law No. 2000-90) Being a by-law to set and levy the rates of taxation for City purposes for the year 2000 and to provide for the payment of taxes after interim taxes. (By-law No. 2000-91) Being a by-law to set and levy the rates of taxation for City purposes for the year 2000 and to provide for the payment of taxes after interim taxes. (By-law No. 2000-92) Being a by-law to authorize an extension agreement with Daniel Thompson Sharkoff and Marilyn Louise Sharkoff, the owners of 62 Waterloo Street, in accordance with the Municipal Tax Sales Act, permitting a further period of time in which the cancellation price may be paid with respect to tax arrears certificate registered on the title to the lands known municipally as 62 Waterloo Street, Kitchener, on June 10, 1999. (By-law No. 2000-93) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of The City of Kitchener Municipal Code with respect to the property municipally known as 231 Grand River Boulevard, Kitchener. To confirm all actions and proceedings of the Council. (By-law No. 2000-94) (By-law No. 2000-95) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK J U N E 5, 2000 COUNCIL MINUTES - 297 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That consideration of Zone Change Application ZC 99/8/0/GR (3040 Old Mill Road - Janet Kunsch and John Kinzie) be deferred and referred to the June 12, 2000 Planning and Economic Development Committee meeting. COMMUNITY SERVICES COMMITTEE - That Council, on behalf of the Kitchener Memorial Auditorium Complex, acknowledges the contribution of former Kitchener Dutchmen Junior 'B' President, Paul Collins, for his efforts on behalf of Junior 'B' Hockey within the municipality. That Council amend its resolution of October 4, 1999, concerning an agreement with Brown's Fine Foods to invest $50,000.00 in capital upgrades by changing the date the capital expenditure is to be complete from May 1,2000 to September 30, 2001 and by adding that $22,000.00 of the total capital expenditure be invested by September 30, 2000. That the previously approved $15,000.00 in-kind grant for the Multi-Cultural Festival being held June 24 & 25, 2000 be increased by $4,736.00 to provide for a total grant of $19,736.00 to cover the costs of installing or renting temporary services to allow the 2000 Festival to take place on the Clock Tower Green and Roos Island in Victoria Park; and, That an over-expenditure of the Community Services Department's 2000 Operating Budget for Special Events in the amount of $9,700.00 be approved to cover the costs of the entertainment to take place at the Clock Tower and surrounding area, in support of the enhancements to the 2000 Multi-Cultural Festival and the new partnership between the Multi-Cultural Centre, K-W Oktoberfest and the City; and further, That staff arrange to meet with area residents to inform them of plans for this year's Multi-Cultural Festival as soon as possible. That, pursuant to Council Policy 1-272, Council approve a one time contribution to the Trinity Village Care Centre in the amount of $910.00 for start-up costs for the Trinity Village Community Garden, consisting of an in-kind services grant (compost, rototilling) in the amount of $410.00 and a cash grant in the amount of $500.00. That $25,000.00 be approved for departmental restructuring of the Community Services Department to be funded from contingency funds and consisting of $5,000.00 for changes in signage on signs, vehicles and buildings, and $20,000.00 for office furnishings for the 3 new Director positions. That $5,000.00 be approved for departmental restructuring of the Community Services Department to be taken from contingency funds for additional consultant fees for team building sessions for management staff. That a contribution of $1,000.00 towards the cost of an extension of a wooden fence to be erected at the rear of 518, 522 and 526 Highbrook Court and 330 Highbrook Crescent, be approved; and further, That the wooden fence be installed on the properties of the residents who assume ownership and subsequent maintenance of the fence. FINANCE AND ADMINISTRATION COMMITTEE - 1. (a) That the following recommendation be deferred and referred to the June 12, 2000 meetings of the Finance and Administration Committee and special Council. That City Council consider a by-law at its special meeting of June 12, 2000 authorizing the removal of waste material at 5 Layton Street and at the expense of the property owner, if the work has not been done by the owner on or before June 12, 2000. J U N E 5, 2000 COUNCIL MINUTES - 298 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 1. (Cont'd) (b) And further, that the Property Standards Officer be instructed to inspect 5 Layton Street early on the morning of Monday, June 12, 2000 and report on the conditions of the property when the Committee deals with this matter on June 12, 2000. That the application of Mr. Sava Cupic, 939 Strasburg Road, requesting exemption to Chapter 408 (Animal - Regulations) of the City of Kitchener Municipal Code, be refused; and further, That the applicant take down and remove the pigeon coop structure from 939 Strasburg Road by June 19, 2000. That the request of the Kitchener Memorial Auditorium's 50th Anniversary Committee to hold a Fireworks Display on June 16, 2000 be approved, provided the necessary Fire Permit is obtained. That the City of Kitchener has no objection to a Provincial Licence being issued to the Big Brothers of Kitchener-Waterloo to conduct a Monster Bingo and Break-Open Ticket Lottery on October 9, 2000 at the Kitchener Memorial Auditorium Complex (Kiwanis Arena). That approximately 1,135 square feet of the property formerly known as 90 Heins Avenue, described as Part of Lot 3, Registered Plan 282 and adjacent to 94 Heins Avenue, be declared surplus to the City's needs; and further, That the City accept the offer of Fred and Virginia Frank dated February 22 and May 11, 2000 to purchase the parcel for $1.00 per square foot plus the cost of a reference plan. That consideration of Business and Planning Services staff report BPS-00-062 (By-law to authorize repairs at 231 Grand River Boulevard) be deferred and referred to the June 5, 2000 City Council meeting; and further, That Mr. Gary Windsor, owner of 231 Grand River Boulevard and Mr. Mark Grossman, Shuh Cline & Grossman, be notified this matter will be heard by City Council at 7:00 p.m. on Monday June 5, 2000 in order that he or another solicitor from the firm attend to represent their client. (Motion redundant and not considered as the matter was dealt with under Delegations) HERITAGE KITCHENER- That pursuant to Section 33 of the Ontario Heritage Act, Council approve the request of the owner to remove the paint from the exterior of the designated property at 108 Queen Street North (Sonneck House) as outlined in the alteration application and supporting documentation dated May 23, 2000; and further, That should it be required that the pressure wash exceed 700 lbs. per square inch, a special test patch be completed for approval by L. Bensason, Heritage Planner. That pursuant to Section 33 of the Ontario Heritage Act, Council approve the request of the Regional Municipality of Waterloo, owner of the designated property at 73 Queen Street North (Waterloo County Gaol and Governor's House), to alter the Governor's House and demolish the brick wall between the link structure and Courtyard No. 1 all as outlined in the application and correspondence from Brian Bechtel dated May 24, 2000 as well as the series of drawings prepared by the Ventin Group Limited - Architects, entitled "Waterloo Court House" and dated June 2, 2000 submitted to Heritage Kitchener at its meeting of June 2, 2000. That pursuant to Section 33 of the Ontario Heritage Act, Council approve the request of the owner to add a door and window on the front elevation of the Forge Barn, 811 Bleams Road (Steckle Heritage Homestead) and a new window on the laneway elevation as outlined in drawings A.05 and A.06 prepared by John Clinckett - Architect and dated May 17, 2000, all new material to be of wood construction and the windows to be double hung; and further, J U N E 5, 2000 COUNCIL MINUTES - 299 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER - (CONT'D) 3. (Cont'd) That Council also approve the installation of twelve storm windows in the upper storey and attic of the main house at 811 Bleams Road, the materials and configuration of these to be the same as the existing, original storm windows. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the City of Kitchener support the proposed service levels for garbage and recycling services, as presented to Public Works and Transportation Committee on April 10, 2000, with the following exceptions: 1) That used oil continue to be collected. 2) That all litter containers, including those in parks, be supplied and maintained by the Region. 3) That bulk container collection from municipal facilities be continued by the Region. 4) That the Region assume all responsibility for all leaf collection as part of its yard waste collection program; and further, That the Region of Waterloo be requested to expedite the passing of a by-law relative to this matter, as well as implementation of enforcement activity. (As Amended) That parking be prohibited anytime on both sides of Old Chicopee Drive from Morrison Road to the east limit; and further, That the Uniform Traffic By-law be amended accordingly. That staff investigate and report to the Public Works and Transportation Committee on the possibility of designating sidewalks along certain arterial roads for joint use by pedestrians and cyclists, with appropriate signage, the report to include how this initiative could be implemented. (Motion Lost.) COUNCIL MINUTES J U N E 5, 2000 - 300 - 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) Massagist Licences- New It was resolved: "That Jackie Bryce, employed at 4-808 Courtland Avenue East, Kitchener, be granted a Massagist Licence for the year 2000." -and - "That Donna Alexander, employed at 1412 Victoria Street North, Kitchener, be granted a Massagist Licence for the year 2000." 2. En.qineerinq A.qreement- Braun Consultinq En.qineers Ltd. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Braun Consulting Engineers Ltd., regarding the Lower Laurel Creek Slope Stabilization Works." 3. Chanqe of Location - Special Council Meetinq of June 19, 2000 It was resolved: "That pursuant to Section 25.4.3 of Chapter 25 (Council Procedure) of the Municipal Code, the special meeting of City Council on June 19, 2000 be held in the City Hall Rotunda rather than the Council Chamber." 4. Various Tenders The tenders were dealt with under Delegations. 5. Offer to Purchase It was resolved: "That vacant property adjacent to 42-50 Wilfred Avenue and 55 Ross Avenue flanking Weber Street East, described as Part of Lot 94, Municipal Compiled Plan No. 765 and designated as Part 2, Plan 58R-12250, be sold to Mario Radovic for the sum of $4,500.00 plus GST; and further, That the Mayor and Clerk are hereby authorized to execute documents relating to the sale as approved by the City Solicitor." COUNCIL MINUTES JUNE 5, 2000 - 301 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 6. Committee of Adjustment - WEST WARD It was resolved: "That Council ratify and confirm the May 30, 2000 decision of the Committee of Adjustment recommending approval of Submission No. FN 2000-005 - Brian and Carmen Hatton (274 Westforest Trail)." 7. A.qreement with Northwa¥-Photomap Inc. re: Diqital Ortho Rectified Imaqeqf The Committee considered a memorandum dated June 1, 2000 from L. Marshall relating to a geographical information systems project. It was resolved: "Further to Proposal P00-005 accepted by Council Resolution dated March 20, 2000, that the Mayor and Clerk be authorized to sign an Agreement dated May 4, 2000 between the Cities of Kitchener, Cambridge and Waterloo, and Northway-Photomap Inc, for aerial photography of the Cities of Kitchener, Cambridge and Waterloo and production of Digital Ortho Rectified Imagery for the purposes of a Geographical Information System project, subject to the Agreement being satisfactory to the City Solicitor; and further, That the amounts of the proposal price of Proposal P00-005, as recommended by Council on March 20, 2000, be corrected from $119,716.00 plus G.S.T., to $120,816.00 plus G.S.T., and further that the City of Kitchener portion of this project be corrected from $52,232.70 plus G.S.T. to $52,712.64 plus G.S.T." = 1045838 Ontario Inc. re: Consent to Application for First Reqistration in Land Titles System - Kehl Street The Committee considered staff report LEG-00-011, dated June 5, 2000, from J. Shivas. It was resolved: "That the Mayor and Clerk be authorized to execute a Consent and draft reference plan to expedite an Application for First Registration in Land Titles by 1045838 Ontario Inc. respecting lands described as Part of Lots 51 & 52 according to Municipal Compiled Plan 791 designated as Parts 1,2,3 & 4 on the draft reference plan attached to the application, being land on Kehl Street, Kitchener." 9. Quit Claim Deed - 189 Cedar Street South The Committee was in receipt of staff report LEG-00-012, dated June 5, 2000, from L. MacDonald. It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all of the City's interests as set out in an easement registered as Instrument No. 30945 and renewed by Instrument No. 1444310 respecting the property municipally known as 189 Cedar Street South." J U N E 5, 2000 COUNCIL MINUTES - 302 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 10. Consent to Lease - Ukcan II Inc. to MTM Precision Inc. re: 5 Washburn Drive 11. The Committee was in receipt of staff report LEG-00-013, dated June 5, 2000, from J. Shivas. It was resolved: "That the City consent to a lease from Ukcan II Inc. to MTM Precision Inc. for a portion of the property described as Parts 6 & 21 on Reference Plan 58R-7426, municipally known as 5 Washburn Drive, Kitchener." Massaqist Licence The Committee was in receipt of staff report CRPS-00-019, dated June 2, 2000, from J. Koppeser. It was resolved: "That Jennifer Huey, employed at 2271 Kingsway Drive, Kitchener, be granted a Massagist Licence for the year 2000."