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HomeMy WebLinkAboutCouncil Minutes - 2000-10-23OCTOBER 23, 2000 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor G. Lorentz. The meeting began with the singing of "O Canada" by Vanessa Senack, Victoria Whiteman and Lisa Henkel, all of whom are with the King School of Vocal. On motion by Councillor J. Ziegler, the minutes of the regular meeting held October 2, 2000 and special meeting held October 16, 2000, as mailed to the Mayor and Councillors, were accepted. It is noted for the record that, pursuant to Section 25.8.9.of Chapter 25 (Council Procedure) of the Municipal Code, Councillors J. Haalboom and B. Vrbanovic disclosed pecuniary interests at the in- camera meeting of City Council held October 23, 2000 with regard to separate matters involving solicitor-client privilege. COMMUNICATION REFERRED DIRECTLY TO FILE - (1) Correspondence dated October 4, 2000 from Ted Arnott, MPP - Waterloo-Wellington acknowledging receipt of Council's resolution concerning legislation for Ontarians with disabilities. COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated October 18, 2000, from G. Sosnoski, City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mayor C. Zehr introduced Sean Sasso, who has been appointed as Page to City Council, replacing Colleen Stuart. Ms. Sally Gunz appeared as a delegation representing the residents of the Cedar Hills neighbourhood to express their gratitude to Councillor Yantzi for his work, patience, dedication and courage in addressing neighbourhood issues over the years. Councillor Yantzi previously indicated that he would not be seeking re-election in the upcoming municipal election. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Mr. Gordon requested consideration of an additional tender outlined in his memorandum dated October 23, 2000 distributed this date, dealing with Quotation Q00- 181 - New Generator- Fire Hall No. 5. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That Proposal P00-083, Rental Natural Gas Water Heater Installation, be awarded to Columbia Mechanical Services Inc., Waterloo, Delta Inc., Kitchener and A.B. Mechanical, Waterloo at their proposed unit price schedules for a period of one (1) year commencing November 1, 2000 and terminating November 30, 2001 at an estimated annual cost of $530,000., with an option to renew for an additional year." - and - "That Proposal P00-084, Authorized Dealers - Natural Gas Appliance Financing Program, be awarded as follows for the contract period November 1, 2000 to November 30, 2001: Primary Heating Leads - Dunn Heating and Air Conditioning, Waterloo; Cronin-Emery Mechanical Ltd., Waterloo; Delta Air Systems Ltd., Waterloo; Columbia Mechanical Services Inc., Waterloo; and Overland Plumbing & Heating, Kitchener; Secondary Heating Leads - Conestogo Mechanical Inc., Kitchener; A.B. Mechanical, Waterloo; Best Value Mechanical, Heidelberg; Reitzel Heating, Waterloo; Accent Heating & Cooling Services, Kitchener; Amber Heating & Sheet Metal Ltd., Waterloo; Delta Inc., Waterloo; Kastl & Zuch Plumbing & Heating Ltd., Kitchener; Napoleon Home Comfort, Cambridge; Rob-Hart Mechanical, Kitchener; The Woodburner, Kitchener and Bast Burners, Waterloo; Primary Fireplace Leads- Bast Burners, Waterloo; Accent Heating & Cooling, Kitchener and The Woodburner, Kitchener." COUNCIL MINUTES OCTOBER 23, 2000 - 496 - CITY OF KITCHENER - and - "That Tender T00-100, Safety Footwear, be awarded to Iron Age Canada of Kitchener, at their tendered price of $47,868., plus G.S.T. & P.S.T., and Brian's Footwear of Brampton, at their tendered price of $49,980., plus G.S.T. & P.S.T." - and - "That Expression of Interest E00-069, Consultant Services, Structural Engineering Services - City Facilities, be awarded to Totten Sims Hubicki Associates, Waterloo, Sze Straka Engineers Limited, Waterloo and Giffels Associates Limited, Waterloo at an approximate total fee of $30,000., plus G.S.T." - and - "That Expression of Interest E00-085, Consultant Services - Security Services at City of Kitchener Facilities, be awarded to Stantec Consulting Ltd., Kitchener, Ontario at their proposed rates." - and - "That Quotation Q00-181, New Generator- Fire Hall #5, be awarded to Harold Stecho Electric Ltd., Waterloo, at their quoted price of $57,000., plus G.S.T." Carried. Ms. Rosemary Pitfield appeared before Council to introduce Carman Lagonia, Head Coach of the Under 11 Kitchener Spirit Girls Rep soccer team. Mr. Lagonia described the superlative season that the team had in winning the league championship as well as five of seven tournaments and placing as a finalist in the other two tournaments. He indicated that the overall season results were 50 wins, 3 losses and 4 ties. Following his remarks, Mayor C. Zehr presented Certificates of Congratulations and a pin to team players, coaches and the manager and trainer to commemorate the 2000 season. Mr. Frank Novak appeared as a delegation in support of the recommendation listed on the Committee of the Whole agenda in regard to fence variance Submission No. FN 2000-011 at 2 Ramblewood Way. Moved by Councillor J. Ziegler Seconded by Councillor John Smola "That Council ratify and confirm the October 3, 2000 decision of the Committee of Adjustment recommending approval of Submission No. FN 2000-011 - Frank Novak and Tracey Wrixon (2 Ramblewood Way)." Carried. Ms. Marian Weber appeared as a delegation to present a petition requesting that the neutering and spaying of animals be included in the City's Animal Control Contract which is currently under negotiation with the K-W Humane Society. She maintained that the Humane Society should sterilize every animal before they are adopted as a measure to control an overpopulation problem that the Society would be impacted by at a later date. It was her view the costs of the program could be covered by increasing the adoption fee. In summary, Ms. Weber asked that Kitchener and Waterloo City Councils not let a pro-active spay/neuter program get lost in new contract details. Councillor J. Ziegler advised that the subject has been under discussion and that it had been decided to deal with the issue separately in 2001. He noted that the anticipated cost of the program was $250,000. and that it was intended all involved parties meet to work out a cost-sharing arrangement early in 2001 as a separate agreement to the City's contract with the Society. He also indicated there would be direct cost to the City for such a program. Councillor Jake Smola suggested that such a program would not work as cats were allowed to roam at large and that owners would obtain cats from other sources rather than pay a significant adoption fee to the Humane Society. It was his view that for a spay/neuter program to work it would be necessary to have cats licensed. Further, he suggested that an evaluation take place of the Humane Society's view with regard to this issue. Councillor J. Ziegler requested that a copy of these minutes be forwarded to the Humane Society Committee that was dealing with this matter early in 2001. In regard to the issue of cats, Councillor OCTOBER 23, 2000 COUNCIL MINUTES - 497 - CITY OF KITCHENER Ziegler noted that cats have an impact on the rodent population and that enforcement of any regulations in respect to cats was likely to be extremely expensive. Mayor C. Zehr indicated that the Humane Society was prepared to deal with the issue and questioned what stage contract negotiations were at. Ms. A. Menon advised that the Humane Society Board was currently in the process of reviewing the contract and Councillor J. Ziegler noted that it would now appear that approval of the contract would have to be dealt with the new 2001 Council. Mr. Ted Bleaney appeared as a delegation in support of a recommendation contained in a memorandum from F. Pizzuto, dated October 19, 2000, pertaining to the Forest Heights Millennium Playground loan request and tender approval. Financing details of the undertaking were outlined in the memorandum. Mr. Bleaney illustrated the proposal and indicated that installation could now take place with landscaping to be finished in the spring. Councillor T. Galloway commented that this proposal reflects exactly what the City had in mind when it established the Community Loan Program. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the City of Kitchener approve a loan in the amount of $85,000 under the Community Loan Program to the Forest Heights Community Association for a destination playground with the payment terms as outlined in this report; and, That the Mayor and Clerk be authorized to execute the necessary loan agreement, to be completed to the satisfaction of the City Solicitor; and further, That the City approve the proposal P00-078 Playground Equipment - Forest Heights Community Centre. to Little Tykes Commercial Play Systems (Canada) Inc., Paris, Ontario at their proposal price of $80,554.29 plus GST." Carried. Mr. Tom Butt appeared as a delegation representing Budd Canada in regard to Item B.17 of the Committee of the Whole agenda dealing with the draft Regional Official Plan Amendment in respect to the Region's Groundwater Protection Strategy. He also indicated that he was speaking on behalf of Kuntz Electroplating Inc. and referenced a letter drafted by both companies as well as several others wherein they commit support to the principle of protection of groundwater resources. He advised Council that the latest proposal was new to the business community and noted that the protection strategy has been a moving target as a result of ongoing changes and revisions and emphasized that the business community needs time to study and fully understand the full implications of the proposed changes. He expressed confidence that proposals acceptable to both the Region and the business community could be found but that currently there was uncertainty that needs to be clarified. Accordingly, he requested that the vote on the amendment to the Regional Official Plan be delayed pending further input, discussion and clarification. Ms. Marilyn Wilkinson, Kuntz Electroplating, noted that the Region had undertaken a number of revisions over the last few months and as a result the business community requests adequate time to address the revisions and clarify implementation issues. She commented on how each proposed revision can affect various businesses in different ways. She emphasized that time was needed to assess what the document means and how it would work and that business needed to know the implementation approach that would be taken by area municipalities. Ms. Wilkinson noted that implementation concerns range from what words actually mean to how enforcement would take place and retaining an ability to grow and expand to meet future customer demands. Mr. Paul Kuntz, Kuntz Electroplating, referenced the wording of a recent revision that would make it impossible for small companies to expand as an issue that should be addressed. Councillor T. Galloway commented that while he supported the direction of the Region, deferral was appropriate at this time so as to allow for meaningful discussion in order to fine tune the Groundwater Protection Strategy. Councillor Galloway advised that he was prepared to move the recommendation outlined in staff report BPS-00-148 with respect to the Regional Groundwater Protection Strategy with Councillor B. Vrbanovic seconding such motion. Councillor J. Haalboom commented that she was uncomfortable with a deferral and Mr. B. Stanley responded that the deferral attempts to address concerns that have been expressed by Councillor Haalboom on this issue. Mr. Stanley noted that the intent of the deferral was to reach agreement on implementation guidelines that would be used to OCTOBER 23, 2000 COUNCIL MINUTES - 498 - CITY OF KITCHENER achieve consistency among municipalities and noted that input in this regard would take some time to finalize. Councillor J. Ziegler requested that staff work diligently on this matter and noted that he was in agreement with the concerns that have been expressed by industry representatives. Councillor Jake Smola commented that the Environmental Committee had toured the Kuntz Electroplating facility which has received an ISO 14000 certificate and commended that company on their environmental policies as well as Regional staff for their vision on this issue. Mayor C. Zehr requested that the Mover and Seconder consider an amendment to add an additional sentence to the recommendation outlined in the staff report that would read 'Further consultation between the Region of Waterloo, local municipalities and the private sector should be done as expeditiously as possible in order to complete the process in a timely manner'. Councillors T. Galloway and B. Vrbanovic accepted Mayor C. Zehr's request as a friendly amendment to the motion. A motion by Councillor J. Haalboom, seconded by Councillor C. Weylie, to amend Councillor Galloway's motion to provide that a completion target date be established as March 2001 for the Regional Amendment was put to a vote and Lost. Councillor J. Haalboom asked that Clause B. 17 of the Committee of the Whole agenda, as amended, be voted on in two parts. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That City Council reaffirm and reiterate their request to Regional Council as follows: 'That City Council advise the Regional Council that its supports the protection of the Region's water resources; and That City Council supports the restriction of the designation of lands to allow new, non- residential land uses in high sensitivity areas where the risk of impact to groundwater is the greatest and in this regard supports an amendment to the Regional Official Policies Plan to introduce policies restricting the designation of lands accordingly; and further, That City Council request that the Region of Waterloo defer adoption of an amendment to the Regional Official Policies Plan to restrict existing non-residential land uses in existing non- residentially designated areas until such time as implementation strategies have been considered in more detail. Further consultation between the Region of Waterloo, local municipalities and the private sector should be done as expeditiously as possible in order to complete the process in a timely manner.'" A recorded vote was previously requested by Councillor J. Ziegler. Paragraphs 1, 2 and 3 - Carried Unanimously. Paragraph 4 - Carried. In Favour: Mayor C. Zehr and Councillors Jake Smola, M. Yantzi, J. Ziegler, K. Taylor- Harrison, B. Vrbanovic, T. Galloway and John Smola. Contra: Councillors J. Haalboom and C. Weylie. Ms. Marie Morrison appeared as a delegation to present and request approval of the draft Terms of Reference for the Compass Kitchener Committee outlined in Business and Planning Services staff report BPS-00-150 (M. Morrison/B. Stanley), dated October 19, 2000. Ms. Morrison summarized the request noting the proposal is for a committee of ten members plus three staff acting in a support capacity. She indicated that, if approved by Council, the appointments could be advertised and completed as part of the Committee Appointment meeting of the 2001 Council-Elect. Moved by Councillor K. Taylor-Harrison Seconded by Councillor B. Vrbanovic OCTOBER 23, 2000 COUNCIL MINUTES - 499 - CITY OF KITCHENER "That Council adopt the Compass Kitchener Committee Terms of Reference, dated October 19, 2000, attached to staff report BPS-00-150." Carried Unanimously. Council did not deal with the September 25, 2000 report of the Planning and Economic Development Committee which was before it this date as the recommendation dealing with a Regional Official Plan Amendment pertaining to Groundwater Strategy was redundant. The matter was listed on the Committee of the Whole agenda of this date and was dealt with under Delegations. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee be adopted (October 16, 2000 meeting)." Carried. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That the report of the Community Services Committee be adopted." Carried. Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "That the report of the Environmental Committee be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the report of the Finance and Administration Committee be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Carried. A brief discussion took place concerning the status of the baseball diamond and backstop at the new Sandhills Public School. Mayor C. Zehr advised that the School Board is dealing with the matter this evening, and questioned when Council would discuss this matter further. Councillor C. Weylie referred to correspondence from Mr. K. Noonan, indicating the willingness of affected residents to contribute towards the relocation or removal. She noted that alternate uses in the form of a small soccer field or scrub baseball diamond have been discussed. Mr. Keith Baulk, attending on behalf of F. Pizzuto, General Manager of Community Services, indicated that he would refer the matter to staff for a response. Mayor Zehr pointed out that it was his understanding a scrub diamond was no longer under discussion. Councillor C. Weylie suggested that the City take steps now to remove the backstop and refer consideration of what will go in its place to the new Council. Mayor C. Zehr indicated his support for the removal of the backstop, and suggested that the timing of this be left to staff. He also noted that the cost of removing the backstop and putting a small soccer field in place of the baseball diamond is estimated at approximately $12,000. Councillor T. Galloway agreed that the baseball diamond has to be taken out of service, and suggested that the backstop be removed this Fall while the ground is still firm. OCTOBER 23, 2000 COUNCIL MINUTES - 500 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That City staff remove the backstop and baseball diamond at the new Sandhills Public School in the Fall of 2000, with consideration of whether a soccer field will be constructed in its place being referred to the new Council." Carried. Council was in receipt this date of correspondence from a number of residents of Susan Court in regard to the construction of the Zeller Drive Public School. The letter raises concerns over the lack of communication with the School Board and the City of Kitchener in respect to the site plan. Councillor C. Weylie noted that she has the document with the original signatures and asked that the City Clerk retain this correspondence. Council was in receipt of Business and Planning Services Department report BPS-00-151 (J. Witmer/B. Stanley), dated October 19, 2000, summarizing the events relative to a Refreshment Vehicle Licence application involving 471 King Street East (Norm's Chip Wagon). The applicant's appeal of the Manager of Licensing's decision to deny a licence was previously heard by Council and the appeal was denied. Councillor M. Yantzi pointed out that the applicant has spent in excess of $20,000. in anticipation of receiving a licence, and suggested that Planning and Economic Development staff consider the application as a new business and work with the owner to identify permitted and appropriate uses for the site. He further noted that if none of the allowable uses are amenable to the owner, the matter should be referred to the new Council. In order to facilitate the possible re-consideration of this matter prior to the new Council taking office, Councillor M. Yantzi indicated his willingness to put forward a Notice of Motion to Reconsider. A brief discussion took place as to an appropriate date at which time a special Council meeting to deal with this or any other matter prior to the limitation of the authority of the current Council under Section 107 of the Municipal Act which will take effect after the November 13, 2000 municipal election. It was generally agreed that a special meeting of City Council would be held on November 9, 2000 at 11:00 a.m. NOTICE OF MOTION Councillor J. Ziegler gave notice that at the special Council meeting on November 9, 2000, he would introduce a Motion for Reconsideration of Council's October 2, 2000 decision to take no action to exempt the proposed chip wagon at 471 King Street East from Chapter 586 (Refreshment Vehicles) of the City's Municipal Code. Councillor B. Vrbanovic referred to the Federation of Canadian Municipalities' Ten-Point Plan for Sustainable Communities, a copy of which was circulated to members of Council this date. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Haalboom "That Kitchener City Council hereby endorses the Federation of Canadian Municipalities' Ten- Point Action Plan for Sustainable Communities intended to recognize the key role of municipal governments in building the economic, social and environmental infrastructure needed for a better quality of life for Canadians; and further, That a copy of this resolution be forwarded to the Federation of Canadian Municipalities, and the leaders of all Federal and Provincial political parties." Carried. Councillor J. Haalboom referred to possible conflicting policies regarding heritage properties in the Downtown and rehabilitation of the City core for new residential housing. She referred to the conflict created in inner-city neighbourhoods with the encouraging of higher density residential uses in the Downtown. The preservation of existing heritage properties along Queen Street, Frederick Street, Mansion Avenue and Margaret Avenue could be adversely impacted. She questioned how staff planned to address this issue and asked that a report be submitted to the new Council for consideration. COUNCIL MINUTES OCTOBER 23, 2000 - 501 - CITY OF KITCHENER Mr. B. Stanley responded that though there appears to be a conflict, during the Secondary Plan process the density was lowered in central areas of the City and increased in the surrounding suburban areas. He further noted that a review of the inner-city Community Plans is anticipated early in 2001, and the concerns expressed by Councillor Haalboom could be addressed at that time. Councillor J. Haalboom urged staff to investigate the approaches taken by Ottawa, Meadowvale Village and Streetsville. Councillor C. Weylie referred to a recent housing policy session, and expressed an interest in knowing how the City could more strongly link its Department of Business and Planning Services with Kitchener Housing Inc. Councillor B. Vrbanovic advised that a Private Member's Bill will be introduced in the Legislature on October 26, 2000, officially designating the City of Ottawa as Canada's Technology Capital. He noted that the City of Markham has reacted with concern and have produced marketing materials in this regard. Councillor Vrbanovic asked staff to discuss the proposed legislation with representatives of Canada's Technology Triangle (CTT) and Communitech, and to advise as to whether a local response is advisable. He suggested that if required, this matter could be dealt with at the special Council meeting planned for November 9, 2000. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "WHEREAS Waterloo Region and surrounding area have taken up the marketing designation of Canada's Technology Triangle (CTT); AND WHEREAS a large part of the recent economic success of this Region has resulted from the high-tech business incubator which has developed here due to the universities and the success of a number of local high-tech businesses; THEREFORE BE IT RESOLVED, that Kitchener City Council express its concern to local members of the Provincial Legislature and to the leaders of all three political parties with the proposed private member's bill which will be introduced in the Legislature of Ontario to proclaim the City of Ottawa as the high-tech capital of Ontario; AND FURTHER, that City staff work with the CTT partner municipalities, CTT Executive Director Randy Ellis and Communitech Executive Director Greg Barrett, to formulate an official response from their organizations and the area municipalities as to an appropriate lobbying strategy." Carried. Moved by Councillor T. Galloway Seconded by Councillor J. Haalboom "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener. (b) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (c) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (d) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (e) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act. (f) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener - Butt, Qureshi and Kanda - Courtland Avenue East. COUNCIL MINUTES OCTOBER 23, 2000 - 502 - CITY OF KITCHENER (g) Being a by-law to adopt Amendment No. 32 to the Municipal Plan - Butt, Qureshi and Kanda - Courtland Avenue East. (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 673099 Ontario Limited - Huron Road. (i) Being a by-law to adopt Amendment No. 33 of the Municipal Plan - Strasburg Creek - South Branch Tributary. (J) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the property municipally known as 161 Ottawa Street South, Kitchener. (k) Being a by-law to provide for the establishing and laying out of part of Wake Robin Crescent as a public highway in the City of Kitchener. Being a by-law to repeal and replace Chapter 542 of The City of Kitchener Municipal Code with respect to Exhibition, Circus, Midway or Carnival. (m) Being a by-law to repeal and replace Chapter 524 and Chapter 588 of The City of Kitchener Municipal Code with respect to Places of Amusement. (n) Being a by-law to repeal Chapter 509 of The City of Kitchener Municipal Code with respect to Auctioneers. (o) Being a by-law to repeal and replace Chapter 518 of The City of Kitchener Municipal Code with respect to Billiard, Pool and Bagatelle Tables. (P) Being a by-law to repeal and replace Chapter 533 of The City of Kitchener Municipal Code with respect to Drain Layers. (q) Being a by-law to repeal and replace Chapter 536 of The City of Kitchener Municipal Code with respect to Driving School Operations Instructors and Employees. (r) Being a by-law to repeal and replace Chapter 545 of The City of Kitchener Municipal Code with respect to Food Shops. (s) Being a by-law to repeal and replace Chapter 515 of The City of Kitchener Municipal Code with respect to Barber Shops/Hairdressing. (t) Being a by-law to repeal and replace Chapters 527 and 551 of The City of Kitchener Municipal Code with respect to Laundries. (u) Being a by-law to repeal and replace Chapter 553 of The City of Kitchener Municipal Code with respect to Lodging Houses. (v) Being a by-law to repeal and replace Chapter 563 of The City of Kitchener Municipal Code with respect to Meat. (w) Being a by-law to repeal and replace Chapter 566 of The City of Kitchener Municipal Code with respect to Milk. (x) Being a by-law to repeal and replace Chapter 575 of The City of Kitchener Municipal Code with respect to Pet Shops. (Y) Being a by-law to repeal and replace Chapter 580 of The City of Kitchener Municipal Code with respect to Portable Signs. (z) Being a by-law to repeal and replace Chapter 583 of The City of Kitchener Municipal Code with respect to Public Halls. (aa) Being a by-law to repeal and replace Chapter 589 of The City of Kitchener Municipal Code with respect to Special Sale. OCTOBER 23, 2000 COUNCIL MINUTES - 503 - CITY OF KITCHENER (bb) (aa) (dd) (ee) (ff) (gg) (hh) (ii) (J J) (kk) Being a by-law to repeal and replace Chapter 592 of The City of Kitahener Municipal Code with respect to Street Photographers. Being a by-law to repeal and replace Chapter 594 of The City of Kitchener Municipal Code with respect to Theatres. Being a by-law to repeal and replace Chapter 596 of The City of Kitchener Municipal Code with respect to Transient Photographers. Being a by-law to repeal and replace Chapter 539 of The City of Kitchener Municipal Code with respect to Electrical Contractors and Master Electricians. Being a by-law to repeal and replace Chapter 578 of The City of Kitchener Municipal Code with respect to Plumbing/Plumbers. Being a by-law to amend Chapter 549 of The City of Kitchener Municipal Code with respect to Itinerant Temporary Vendor Permanent - Temporary Markets. To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities.) (11) 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 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 M. Yantzi "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. Moved by Councillor T. Galloway Seconded by Councillor J. Haalboom That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener. (By-law No. 2000-168) (b) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. OCTOBER 23, 2000 COUNCIL MINUTES - 504 - CITY OF KITCHENER (c) (d) (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) (By-law No. 2000-169) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement. (By-law No. 2000-170) To further amend By-law No. 2000-159, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener. (By-law No. 2000-171 ) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act. (By-law No. 2000-172) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law of the City of Kitchener - Butt, Qureshi and Kanda - Courtland Avenue East. (By-law No. 2000-173) Being a by-law to adopt Amendment No. 32 to the Municipal Plan - Butt, Qureshi and Kanda - Courtland Avenue East. (By-law No. 2000-174) Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a special charge on classes of buildings that impose or may impose a heavy load on the sewer or water system. (By-law No. 2000-175) Being a by-law to close, retain and transfer parts of a Lane between Guelph Street and Blucher Boulevard in the City of Kitchener. (By-law No. 2000-176) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 673099 Ontario Limited - Huron Road. (By-law No. 2000-177) Being a by-law to adopt Amendment No. 33 of the Municipal Plan - Strasburg Creek - South Branch Tributary. (By-law No. 2000-178) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of The City of Kitchener Municipal Code with respect to the property municipally known as 161 Ottawa Street South, Kitchener. (By-law No. 2000-179) Being a by-law to provide for the establishing and laying out of part of Wake Robin Crescent as a public highway in the City of Kitchener. (By-law No. 2000-180) Being a by-law to repeal and replace Chapter 542 of The City of Kitchener Municipal Code with respect to Exhibition, Circus, Midway or Carnival. (By-law No. 2000-181 ) OCTOBER 23, 2000 COUNCIL MINUTES - 505 - CITY OF KITCHENER (o) (P) (q) (r) (s) (t) (u) (v) (w) (x) (Y) (z) (aa) Being a by-law to repeal and replace Chapter 524 and Chapter 588 of The City of Kitchener Municipal Code with respect to Places of Amusement. (By-law No. 2000-182) Being a by-law to repeal Chapter 509 of The City of Kitchener Municipal Code with respect to Auctioneers. (By-law No. 2000-183) Being a by-law to repeal and replace Chapter 518 of The City of Kitchener Municipal Code with respect to Billiard, Pool and Bagatelle Tables. (By-law No. 2000-184) Being a by-law to repeal and replace Chapter 533 of The City of Kitchener Municipal Code with respect to Drain Layers. (By-law No. 2000-185) Being a by-law to repeal and replace Chapter 536 of The City of Kitchener Municipal Code with respect to Driving School Operations Instructors and Employees. (By-law No. 2000-186) Being a by-law to repeal and replace Chapter 545 of The City of Kitchener Municipal Code with respect to Food Shops. (By-law No. 2000-187) Being a by-law to repeal and replace Chapter 515 of The City of Kitchener Municipal Code with respect to Barber Shops/Hairdressing (By-law No. 2000-188) of The City of Kitchener Being a by-law to repeal and replace Chapters 527 and 551 Municipal Code with respect to Laundries. (By-law No. 2000-189) Being a by-law to repeal and replace Chapter 553 of The City of Kitchener Municipal Code with respect to Lodging Houses. (By-law No. 2000-190) Being a by-law to repeal and replace Chapter 563 of The City of Kitchener Municipal Code with respect to Meat. (By-law No. 2000-191 ) Being a by-law to repeal and replace Chapter 566 of The City of Kitchener Municipal Code with respect to Milk. (By-law No. 2000-192) Being a by-law to repeal and replace Chapter 575 of The City of Kitchener Municipal Code with respect to Pet Shops. (By-law No. 2000-193) Being a by-law to repeal and replace Chapter 580 of The City of Kitchener Municipal Code with respect to Portable Signs. (By-law No. 2000-194) OCTOBER 23, 2000 COUNCIL MINUTES - 506 - CITY OF KITCHENER (bb) (aa) (dd) (ee) (gg) (hh) (ii) (J J) (kk) (11) (mm) (nn) Being a by-law to repeal and replace Chapter 583 of The City of Kitahener Municipal Code with respect to Public Halls. (By-law No. 2000-195) Being a by-law to repeal and replace Chapter 589 of The City of Kitchener Municipal Code with respect to Special Sale. (By-law No. 2000-196) Being a by-law to repeal and replace Chapter 592 of The City of Kitchener Municipal Code with respect to Street Photographers. (By-law No. 2000-197) Being a by-law to repeal and replace Chapter 594 of The City of Kitchener Municipal Code with respect to Theatres. (By-law No. 2000-198) Being a by-law to repeal and replace Chapter 596 of The City of Kitchener Municipal Code with respect to Transient Photographers. (By-law No. 2000-199) Being a by-law to repeal and replace Chapter 539 of The City of Kitchener Municipal Code with respect to Electrical Contractors and Master Electricians. (By-law No. 2000-200) Being a by-law to repeal and replace Chapter 578 of The City of Kitchener Municipal Code with respect to Plumbing/Plumbers. (By-law No. 2000-201) Being a by-law to amend Chapter 549 of The City of Kitchener Municipal Code with respect to Itinerant Temporary Vendor Permanent - Temporary Markets. (By-law No. 2000-202) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (By-law No. 2000-203) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (By-law No. 2000-204) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. (By-law No. 2000-205) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities.) (By-law No. 2000-206) To confirm all actions and proceedings of the Council. (By-law No. 2000-207) OCTOBER 23, 2000 COUNCIL MINUTES - 507 - CITY OF KITCHENER be taken as read a third time, be finally passed and numbered serially by the Clerk. On motion, the meeting adjourned at 9:55 p.m.. Carried. MAYOR CLERK COUNCIL MINUTES OCTOBER 23, 2000 - 508 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (September 25, 2000 Meeting) That Kitchener City Council reaffirm and reiterate their request to Regional Council to defer adoption of an amendment (or part thereof) to establish policies in the Regional Official Policies Plan which restrict existing non-residential land uses in existing non-residential identified areas having sensitive groundwater resources, until such time as implementation strategies have been considered in more detail. (This referral motion from the October 2, 2000 Council meeting was redundant and not considered as the matter was listed on the Committee of the Whole agenda and dealt with under Delegations.) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (October 16, 2000 Meeting) That the City convey a 7 metre x 20 metre block of land to the Regional Municipality of Waterloo to allow for the installation of a Metering and Pressure Reducing Chamber with all required survey costs to be paid for by the Region; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. That the following September 6, 2000 recommendations of the Economic Development Advisory Committee (EDAC), as revised, be approved: That the City advance the scheduling of Shirley Avenue - Lackner Boulevard extension within the Capital Budget Forecast from 2006 to 2001/2002. 2) That the outstanding deferrals relating to the Westside (Bleams/Fischer Hallman) lands be resolved as soon as possible such that the lands south of Bleams Road and West of Fischer Hallman are designated for industrial development purposes. 3) That the City work with affected property owners in order to expedite necessary easements to facilitate the extension of the Middle Strasburg Trunk Sanitary Sewer. Further, that the City explore options together with property owners such that the construction of the trunk sanitary sewer may be expedited. 4) That the Township of Woolwich and the Region of Waterloo consider the designation of lands around the Waterloo Regional Airport for industrial purposes as part of the Regional Plan Review, and in the event this process is delayed that the Region be requested to initiate a Regional Plan Amendment no later than June 2001. That the issue of new school portable locations described in staff report BPS-00-129 be referred back to planning staff with direction to consider requirements for screening / landscaping so as to buffer the impact of new school portables, particularly in locations adjacent to residential properties; and further, That staff prepare recommendations in this regard as an Amendment to the City's 'Urban Design Guidelines' and/or any other policy document. That planning and legal staff be directed to investigate a City-Initiated zone change that would establish size limitations for bars in the City's downtown area. COMMUNITY SERVICES COMMITTEE - That the City of Kitchener recognize the efforts of the Cameron Heights Kiwanis Club and the Kitchener Senior Volunteer Services Inc., in the purchase of a passenger van for use by Kitchener seniors' programs. COUNCIL MINUTES OCTOBER 23, 2000 - 509 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That Council support Christkindl Market with an in-kind grant of $10,000. from the general provision account to help offset expenses related to actual costs incurred by the City to produce this event from December 7-10, 2000. That Council provide a general provision grant to the Waterloo Regional Arts Council in the amount of $1,418.22 to be applied against their facade loan issued on September 10, 1992. That Council provide a one-time general provision cash grant in the amount of $20,000. to the Art of Christmas Festival for the year 2000; and, That the City of Kitchener not provide in-kind services or access to charitable status to issue receipts for donations made to the festival; and further, That Festival organizers submit a full report to the Community Services Department in February 2001, outlining the outcome of the Festival from people participation and cost perspectives along with a vision for the future. That Frank Pizzuto, General Manager of Community Services, be authorized to sign a Letter of Understanding with the Kitchener-Waterloo Track and Field Association with respect to the lease of hurdles. That the City of Kitchener engage the services of a consultant to conduct a brief analysis of the food and beverage components of all Enterprise unit operations and recommend a preferred deliver model; and further, That the review be funded from current Enterprise unit capital budgets. That the Market Facilitator be authorized to sign an annual contract on behalf of the Corporation of the City of Kitchener with K-W Oktoberfest Inc., to include the Kitchener Farmers' Market as an official Oktoberfest event; and, That in the absence of the Market Facilitator, the Director of Business Enterprise be authorized to sign the contract on behalf of the City of Kitchener; and further, That this authorization include retroactive approval for inclusion in Oktoberfest 2000. That the Special Events Facilitator be authorized to sign an annual contract, in a form satisfactory to the City Solicitor, between the City of Kitchener and the Concordia Club allowing them to "lease" space from the City of Kitchener for the purpose of selling food and alcohol on Civic Square during Christkindl Market from December 7-10, 2000. That Council approve an overexpenditure of $52,000. for the 2000 Festival of the Night to be held in Civic Square and Victoria Park on December 31,2000. 10. That Council approve a cash grant of $700. to the Kitchener-Waterloo Branch, Ontario Registered Music Teachers' Association for their millennium concert to take place on November 25, 2000, which matches their combined grants from the City of Waterloo and the Township of Woolwich. 11. That Council approve a cash grant to the Kitchener-Waterloo Barrier Free Advisory Committee in the amount of $1,000. toward the cost of providing an American Sign Language interpretation services at monthly committee meetings and annual training of committee volunteers. 12. That Council grant permission to fly flags on the flag poles in front of City Hall and at the corner of Duke and Young Streets from December 5, 2000 to December 5, 2001 commemorating the United Nation's International Year of the Volunteer. 13. That the parcel of land located at the corner of Benton Street and Charles Street East (formerly a portion of Charles Green) be named "Oktoberfest Platz". OCTOBER 23, 2000 COUNCIL MINUTES - 510 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRON MENTAL COM M ITTEE - That the policy as outlined below and presented to the Environmental Committee at its meeting held on October 5, 2000, with respect to Environmental Committee member (lay appointee) attendance at conferences/seminars, be adopted, namely: a maximum of 2 members to attend per conference, subject to available funds; member attendance to be by nomination and approval of the Committee; each member may attend 1 conference per term; a member having attended a conference who has interest in another may attend provided there is no other interest on the part of other members; for in-Province conferences, registration fees and mileage (at current City rate) to be covered with any and all other costs to be borne by the member attending; all out-of-Province and/or out-of-Country attendance to be referred to the Environmental Committee for consideration and recommendation to Council; and further, That establishment of a conference budget for the Environmental Committee be considered as part of Council's 2001 budget deliberations. That the 'Smog Alert Day Strategies' forming part of the City of Kitchener Clean Air Plan be amended as follows: a) Smog Alert Day Strategies - what to do when the air quality index is 50 or greater: Is amended to read: Smog Alert Day Strategies - what to do when a Smog Alert/Advisory is issued predicting that the air quality index is to rise to 50 or greater: b) 1. In conjunction with other area authorities, announce the Smog Alert to the general population. Specific methodologies have not been listed, but should include the radio, newspaper, community centre windows and buses. For example, a spare bus marquee slot could state 'Smog Alert today - take the bus'. Is amended to read: In conjunction with other area authorities, announce the Smog Alert to general population. Specific methodologies have not been listed, but could include the radio, TV, newspapers, and notice in Community Centres. c) 2. Implement the reduced transit fare initiative. Currently under debate, the initiative could be for 'free' transit or $1 per ride or any other variation that comes to mind. Transit will provide detailed estimates of the cost (lost revenue) of such initiatives. Note that it is the intent to monitor the results of this initiative. With measurable results, the initiative should be modified to reduce the financial impact. Is amended to read: 2. Support the reduced transit fare initiative.; and further, That the 'Long Term Strategies' forming part of the City of Kitchener Clean Air Plan be amended as follows: a) 2. Develop incentives to encourage municipal staff and the general public to use public transportation and car pooling on a year round basis. Is amended to read: Develop incentives and programs to encourage municipal staff and the general public to use public transportation, car pooling, and car sharing on a year round basis." COUNCIL MINUTES OCTOBER 23, 2000 - 511 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - That staff be directed to write to the Alcohol and Gaming Commission stating Council's strong opposition, at this time, to the application for a liquor licence for the Metropolis to permit the serving of alcohol on an outdoor patio fronting onto King Street; and further, That any reconsideration of this application would only take place in conjunction with the submission of a comprehensive and firm redevelopment plan for the entire area with discussion of this plan involving City staff, the applicant, the property owner, the Kitchener Downtown Business Association and the Downtown Advisory Committee. That Council approve a Community Development Infrastructure Grant of up to $8,850. for The People's Car Co-operative to conduct an education and community awareness program concerning the benefits of car sharing, with a focus on its environmental benefits; and further, That an evaluation of the program be undertaken with a final report to be prepared and presented to City Council. That Council consider the by-laws attached to staff report CRPS-00-083, dated October 11, 2000, revising various Municipal Code Chapters related to licensing. That no action be taken at this time to develop a policy related to the appointment of staff as voting members on the City's Committees and Boards. That the City of Kitchener's mileage rate remain at $0.37 per kilometer to reflect the increasing cost of operating a vehicle; and further, That this rate be reviewed annually through the budget process. That Council consider a by-law at its meeting of October 23, 2000 authorizing the removal of waste material from 161 Ottawa Street South, at the property owner's expense, if this has not been done by the owner on or before October 20, 2000. That Council approve an application from Ziggy's Cycle for a "Grant-in-lieu of Building Permit Fee" in the amount of $750., under the Downtown Financial Incentive Program, for renovations to 417 King Street West, Kitchener. That Council approve an application from Sandhills Christian Community for a "Grant-in-lieu of Building Permit Fee", in the amount of $46,869.59, under the Downtown Financial Incentive Program, for construction of a new seniors' residential complex at 20 St. George Street, Kitchener. That Council take no action to oppose the application for a liquor license for Steven Bondy's Market Bistro, 7 Moyer Place, Kitchener. 10. That Council approve in principle the hiring of one additional Municipal Law Enforcement/Property Standards Officer and one summer student in the Building Division to assist in the processing and investigation of complaints related to the enforcement of the City of Kitchener Municipal Code, with the final decision being referred to the 2001 operating budget deliberations. 11. That Council approve the request of the organizers of Christkindl Market for a temporary retail exhibition at City Hall on December 7-10, 2000; and further, That this event be declared an event of Municipal Significance, in recognition of Kitchener's German heritage, the holding of a Christmas market being a tradition in Germany for approximately 400 years. OCTOBER 23, 2000 COUNCIL MINUTES - 512 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the Public Works Department carry out closed circuit television (CCTV) inspection of all private sewer service laterals, on Acacia Street, between Ottawa Street and Sydney Street, and where root intrusion is identified as a potential 'blockade' problem, such service will be relined from the sanitary main to the property line at no cost to the abutting owner; likewise, where CCTV inspections identify root intrusion between the property line and the building structure, the City will offer the extension of the lateral lining at a nominal cost of $250, representing approximately 5% of the total cost of the repair; and further, That where problems are identified in service laterals between the property line and the building structure that cannot be addressed by relining, staff investigate and report back with a recommendation for Council's consideration. That the Traffic and Parking Division discontinue the current coin counting service provided by Grand River Transit; and, That the Traffic and Parking Division assume the responsibility of processing the parking meter coin revenue including sorting, counting and packaging, effective January 1,2001; and further, That funds in the amount of $14,000 be approved for the purchase of the required coin counting, sorting, and packaging equipment. That a consultant be retained to develop a streetscape improvement plan on King Street from Frederick Street to the Goderich-Exeter Railway north of Victoria Street, in 2001; and further, That funding in the amount of $100,000 for this purpose be referred to the 2001 Capital Budget process. That Council support an overall review along the Lackner Boulevard corridor and associated intersections of traffic related issues resulting from an increased number of accidents and, as part of this review, also include the intersection of Fischer-Hallman Road and Activa Avenue; and, That staff investigate the possibility of reduced speed limits along the Lackner Boulevard corridor; and further, That the Waterloo Regional Police be requested to increase traffic enforcement along the Lackner Boulevard corridor and, in the interim, Traffic & Parking staff work with Councillors Jake Smola and B. Vrbanovic to implement the Speed Advisory Program. OCTOBER 23, 2000 COUNCIL MINUTES - 513 - CITY OF KITCHENER A= B= COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licenses i) Charitable Refreshment Stand Licence It was resolved: "That the City of Kitchener grant the request of the Foster Families Association for permission to operate a refreshment stand on November 25, 2000, at Kitchener City Hall, 200 King Street West, Kitchener, provided that the necessary Licence and Health and Fire approvals are obtained; and further, That the nominal fee of $10.00 be applicable." ii) Adult Entertainment Parlour Attendant Licence It was resolved: "That the following massagists employed at 1127 King St. E., Kitchener, be granted an Adult Entertainment Parlour Attendant licence for the year 2000: Alisa Blackmore Dawn Mighton Petra Michnova." - and - "That the following massagists employed at 2271 Kingsway Dr., Kitchener, be granted an Adult Entertainment Parlour Attendant licence for the year 2000: Souad Arrach Olga Roque." 2. Do.q Desi.qnation Appeal Decisions It was resolved: "That the October 2, 2000 decision of the Dog Designation Appeal Committee regarding an appeal filed by Brian Sills, wherein the Committee rescinds the Prohibited Dog designation, be ratified and confirmed." - and - "That the October 2, 2000 decision of the Dog Designation Appeal Committee regarding an appeal filed by Barry Kippenhuch, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." - and - "That the October 12, 2000 decision of the Dog Designation Appeal Committee regarding an appeal filed by Mark Roberge, wherein the Committee affirms the Prohibited Dog designation, be ratified and confirmed." OCTOBER 23, 2000 COUNCIL MINUTES - 514 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. Hydro Easement Restrictions - 8 Queen Street North and 10 Kinq Street West It was resolved: "That the Mayor and Clerk be authorized to execute an acknowledgment, satisfactory to the City Solicitor, pertaining to Part 5 on Reference Plan 58R-12285 for the purpose of ensuring that Kitchener-Wilmot Hydro Inc. is consulted prior to the undertaking of any repair, replacement or reconstruction of the hydro electric corridor encased in concrete through which hydro service shall be brought through 8 Queen Street North, the property owned by 1373515 Ontario Inc., to 10 King Street West, the property owned by the City." 4. Staff Complement Increase - Information Services Division It was resolved: "That effective October 23, 2000, the staff complement of the Information Services Division be increased as follows: one Business Systems Analyst for a three-year contract period, two Systems Analysts for a three-year contract period, and one Database Administrator on a permanent full-time basis." 5. Execution of Operatinq A.qreement -Budd Park It was resolved: "That Council approve the Agreement dated October 23, 2000 between the City of Kitchener, Kitchener Minor Soccer Inc. and Budd Canada Inc. with respect to the expansion and operation of Budd Park and that the Mayor and Clerk be authorized to sign the Agreement." 6. Execution of Aqreement - Security Services for Charles Street Transit Terminal It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, dated August 16, 2000, with the Regional Municipality of Waterloo, to provide security services to the Charles Street Transit Terminal." 7. Execution of Enqineerinq A.qreement - Deer Ridqe Estates It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding JHS Properties Inc., Deer Ridge Estates, R.P. 30T- 94009." 8. Execution of Enqineerinq A.qreement - Settler's Grove It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and Stantec Consulting Limited, regarding Krizsanderson Developments Limited, Settler's Grove, R.P. 30T-94008." COUNCIL MINUTES OCTOBER 23, 2000 - 515 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9. Renewal of Memorandum of Understandinq - Industry Canada & Business Enterprise Centre It was resolved: "That the Mayor and Clerk be authorized to execute a Memorandum of Understanding between Industry Canada, the Business Enterprise Centre and The Corporation of the City of Kitchener, for the period April 1, 2000 to March 31, 2001 in regard to administrative and cost sharing arrangements for maintaining and operating a regional access point for the Canada Business Service Centre network." 10. Sale of Raffle Tickets - Heart and Stroke Foundation of Ontario Council was in receipt of Corporate Services Department report CRPS-00-088 (J. Koppeser), dated October 17, 2000. It was resolved: "That the City of Kitchener has no objection to the Heart and Stroke Foundation of Ontario, 1920 Yonge St., 4th Floor, Toronto, Ontario, M4S 3E2, being granted permission to sell tickets in the City of Kitchener for a series of raffle draws to be held from February, 2001 to as late as March, 2001 ." 11. Various Tenders Dealt with under Delegations. 12. Letter of Understandinq/A.qreement - Traininq Consultants Council was in receipt of Corporate Services Department report CRPS-00-085 (D. Paterson), dated October 16, 2000. It was resolved: "That the Director of Human Resources or the Manager of Training and Workplace Safety be authorized to execute letters of understanding/agreement pertaining to the procurement of training consultants for the purposes of conducting training sessions for City employees provided budget allocation for such training has been authorized." 13. Quit Claim Deed - Wilson Avenue It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in Paragraph 5. of Schedule "A" to Instrument Numbers 290883 and 291669 respecting Part Lot 34, Registrar's Compiled Plan 1525 designated as Part 6 on Plan 58R-6243." OCTOBER 23, 2000 COUNCIL MINUTES - 516 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 14. Committee of Adjustment Council was in receipt of correspondence from J. Billett, Secretary-Treasurer, Committee of Adjustment, dated October 11, 2000. It was resolved: "That Council ratify and confirm the October 3, 2000 decision of the Committee of Adjustment recommending approval of Submission No. FN 2000-010 - Martin & Ellen Dilgert (8 Meadow Crescent)." Submission No. FN 2000-011- Frank Novak and Tracey Wrixon (2 Ramblewood Way) was dealt with under Delegations. 15. Land Acquisition - Randerson Avenue Parkette Council was in receipt of Legal Department report LEG-00-061 (J. Shivas), dated October 18, 2000. Councillor B. Vrbanovic asked that it be noted in the minutes that the City has come to an understanding with the Province that it can continue to utilize the remainder of the lands at issue for park purposes until such time as these are disposed of. J. Shivas, City Solicitor, further advised that the City is trying to negotiate a land exchange with the Province in regard to property needed for the Conestoga Parkway improvements. It was resolved: "That the City enter into an Agreement of Purchase and Sale with the Province of Ontario to acquire a parcel of land on Randerson Avenue described as Parts 1 and 2, Plan 58R-12677 for the sum of $37,000. plus reference plan costs, for park, sanitary sewer and watermain purposes; and further, That the City convey at no cost an easement to Kitchener-Wilmot Hydro Inc. over Part 1, Plan 58R-12677, for underground electrical conduits." 16. Transfer of Residential Rehabilitation Assistance Proqram (RRAP) to Reqion of Waterloo Council was in receipt of Business and Planning Services report BPS-00-146 (W. Pearce/D. Corks/B. Stanley/G. Borovilos), dated October 17, 2000. It was resolved: "That Council approve transfer of the delivery of the Residential Rehabilitation Assistance Program (RRAP) to the Regional Municipality of Waterloo." 17. Addendum - Draft Reqional Official Plan Amendment - Reqional Groundwater Protection Strateq¥ Dealt with under Delegations. 18. Extension of Conditional Time Period for Offer to Purchase - 737333 Ontario Inc. (Precision Robotics) Council was in receipt of Business and Planning Services Morgan/K. Bissell/G. Borovilos), dated October 18, 2000. report BPS-00-149 (R. OCTOBER 23, 2000 COUNCIL MINUTES - 517 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 18. Extension of Conditional Time Period for Offer to Purchase - 737333 Ontario Inc. 19. 20. 21. 22. (Precision Robotics) - (Cont'd) "That the City grant the following extensions in regard to the Offer to Purchase Site 75 (Huron Business Park) from 737333 Ontario Inc. (Precision Robotics): Extension of the date to waive conditions and examine title from October 24, 2000 to December 13, 2000; and, Extension of the date for closing from October 24, 2000 to December 20, 2000." Traffic Controls - Bleams Road and Centur~ Hill Drive Councillor J. Ziegler had requested consideration of a possible pedestrian crossing, school guard or City-funded traffic light at the above intersection to address vehicular and pedestrian safety concerns. area have grown worse, and that will be let off along Bleams Road indicated that in all likelihood, the He noted that over the years traffic problems in this Grand River Transit has recently decided that children and this will require them to cross that roadway. He intersection does not have the necessary warrants to require a traffic light, and asked staff to prepare a report for presentation to the new Council and for consideration by them prior to 2001 budget deliberations. Councillor J. Haalboom put forward a motion in this regard, and subsequently accepted a friendly amendment from Councillor T. Galloway to include a second intersection in the immediate vicinity. It was resolved: "That staff be directed to prepare a report for presentation to the new Council concerning a possible pedestrian crosswalk or traffic control signal at the intersection of Bleams Road and Century Hill Drive, and that they also examine as part of the same report, the four-way intersection at Bleams/Trillium/Thistledown, all for consideration prior to the year 2001 budget deliberations." Permanent Vendor Licence Application It was resolved: "That Stephen E. Shelton be granted a 2000 Permanent Vendor Licence for a business to be operated at 81 Yellow Birch Drive, Kitchener, under the name Digital Office Communication Solutions." Proposed Consolidation of Waterloo Reqional Fibretech Companies It was resolved: "That pursuant to Article 3.4 (Matters Requiring Shareholder Approval) of the Kitchener Power Corporation Shareholders' Agreement, that said Corporation be authorized to consolidate Fibretech (Kitchener) Inc. with Fibretech, Waterloo Inc. and Fibretech Telecommunications (Cambridge) Inc. to form a single company to be known as Fibretech Telecommunications Inc." Temporaqf Dele.qation of Licensin.q Authority Council was in receipt this date of Corporate Services Department report CRPS-00-090 (J. Koppeser), dated October 23, 2000, requesting authority to issue massagist licences and selected business licences during the period November 13, 2000 to December 11, 2000, when the current Council is constrained in its approval authority by Section 107 of the Municipal Act. COUNCIL MINUTES OCTOBER 23, 2000 - 518 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 22. Temporary Dele.qation of Licensin.q Authority - (Cont'd) It was resolved: "That between November 13, 2000 and December 11, 2000, the Manager of Licensing be delegated the authority to issue Massagists Licences, when the application is routine in nature and has not received an unfavourable Police report; and, That during the period November 13 to December 11, 2000 and notwithstanding the provisions of Chapter 500.2.15 of the Municipal Code, the Manager of Licensing be authorized to issue, at her discretion, business licences where an unfavourable Police report has been received and where the Police comments do not directly relate to the type or nature of the business proposed; and further, That should an application for a liquor licence in the downtown be received during the period November 13 to December 11, 2000, the members of the Liquor Licence Application Committee be directed to forward to the Alcohol and Gaming Commission a letter explaining Council's inability to act during the above period due to the constraints imposed by Section 107 of the Municipal Act." 23. Offer to Sell (Dundas and First Centre Limited) - Part of 209 Victoria Street South Council was in receipt this date of Legal Department report LEG-00-063 (G. Anderson), dated October 19, 2000, recommending that the City declare the subject lands surplus and accept the purchase offer. J. Shivas requested a minor revision to the staff recommendation to include the words "... plus the said access easement and..." in the last line of paragraph 2. It was resolved: "That the City declare surplus to its needs Part 1, Plan 58R-5755 for the purposes of an access easement to a storm water management pond on 209 Victoria Street South; and further, That the City accepts from Dundas & First Centre Limited a dedication of parkland and an offer to sell an over-dedication of parkland, consisting of approximately 8,220 square metres of land located at the rear of its property at 209 Victoria Street South and abutting Victoria Park, being designated as Part of Part 1, Plan 58R-8403, for the sum of $10,000.00 plus the said access easement and reference plan costs." 24. Extension - Offer to Purchase - lan Cook Construction Ltd. Council was in receipt this date of Business and Planning Services Department report BPS-00-152 (R. Morgan/K. Bissell/G. Borovilos), dated October 23, 2000, recommending an extension of the date to waive conditions, examine title and to close the sale in respect to Site 152 of the Huron Business Park. It was resolved: "That the City grant the following extensions to lan Cook Construction Ltd. in regard to the Offer to Purchase for Site 152, Huron Business Park: extension of the date to waive conditions from October 24, 2000 to December 8, 2000; extension of the date to examine title from October 10, 2000 to February 1, 2001; extension of the closing date from October 31, 2000 to February 28, 2001; and further, That the closing may occur earlier if agreed to by both parties." COUNCIL MINUTES OCTOBER 23, 2000 - 519 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 25. Adult Entertainment Parlour Attendant Licence - 1412 Victoria Street North Council was in receipt this date of Corporate Services Department report CRPS-00-089 (J. Koppeser), dated October 23, 2000, recommending approval of a year 2000 licence. It was resolved: "That Laura Goldthorpe, employed at 1412 Victoria Street North, Kitchener, be granted an Adult Entertainment Parlour Attendant Licence for the year 2000." 26. Encroachment Request (Si.qns) - 147 Kinq Street West (Petsche's Shoes) Council was in receipt this date of Legal Department report LEG-00-064 (L. MacDonald), dated October 23, 2000, recommending execution of an encroachment agreement to legalize a fascia sign and allow for encroachment of a projecting sign. It was resolved: "That, the Mayor and Clerk be authorized to execute an encroachment agreement with the property owner and tenant of Part Lots 11 & 12, Plan 380, municipally known as 147 King Street West, to legalize the existing fascia sign as it encroaches 18", more or less, over the King Street West road allowance and the installation and maintenance of a projecting sign which will encroach 6', more or less, over the said road allowance." 27. Loan Request/Tender Approval - Forest Heiqhts Millennium Play.qround Dealt with under Delegations. 28. Partial Write-off of Taxes - 471 Kinq Street East Council was in receipt this date of Legal Department report LEG-00-066 (L. MacDonald), dated October 23, 2000, recommending a partial write-off of taxes to reflect prior payment by the owner for below-ground remediation of the property. Councillor M. Yantzi raised questions regarding the wording of the staff recommendation, and P. Houston, Chief Financial Officer, clarified that no tax write-off will take place until the site is redeveloped, and that arrears will continue to accumulate until that time and be subsequently forgiven in the event of redevelopment. It was resolved: "That, upon the redevelopment of 471 King Street East, the City will write off a portion of the outstanding realty taxes attributable to 471 King Street East to reflect the total value of the paid invoices rendered up to September 11, 2000 for below ground remediation on said property, paid for by the registered owner, as substantiated by the City Treasurer, such that the write off will be calculated retroactively to the date of said payment(s)." 29. Permanent Vendor Licence - Darren Schmuck Council was in receipt of a Permanent Vendor Licence application dated October 19, 2000. It was resolved: "That Darren Schmuck be granted a year 2000 Permanent Vendor Licence in regard to a business to be conducted at 330 Gage Avenue, Units 1 and 2, under the name Puck Masters of Kitchener_Waterloo.,, OCTOBER 23, 2000 COUNCIL MINUTES - 520 - CITY OF KITCHENER B= COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 30. Applications for Cancellation, Refund, Reduction or Levy of Taxes - October 23, 2000 Hearinq Council was in receipt of correspondence from G. Sosnoski, City Clerk, dated October 18, 2000 relative to applications for the cancellation, refund, reduction or levy of taxes. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein."