Loading...
HomeMy WebLinkAboutCouncil Minutes - 2000-09-18SEPTEMBER 18, 2000 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by Victoria Whiteman of the King School of Vocal. Mayor C. Zehr extended Council's appreciation to Miss Whiteman for presenting her rendition of the National Anthem. On motion by Councillor Jake Smola, the minutes of the regular meeting held August 28, 2000 and special meetings held August 21 & 28 and September 11, 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, Councillor J. Haalboom disclosed a pecuniary interest at the in-camera meeting of City Council held September 11, 2000, in respect to a matter involving solicitor-client privilege. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Correspondence dated September 1, 2000 from the Honourable Elizabeth Witmer, acknowledging receipt of Council's August 28, 2000 resolution urging the Province of Ontario to enact the 'Ontarians With Disabilities Act' during the current term. Mr. Dan Daly, Director of Parks & Environmental Services appeared as a delegation to present to Mayor C. Zehr the Ontario Parks Association's 'Protecting Tomorrow Today' Award which was received jointly by the Cities of Kitchener, Cambridge and Waterloo for the 'Trees for Our Future' program. Mr. Daly briefly explained the program, the financial benefits to residents purchasing trees through this program and noted the involvement of Canada Trust Friends of the Environment Program. Mr. Glenn Richardson appeared as a delegation to announce the winners of the 2000 Urban Design Awards. Mr. Richardson advised of the purpose and criteria of the awards and the involvement of the judging committee, consisting of Councillor C. Weylie, Peter Civciura - Architect, Jull Yuzwa - Landscape Architect, and Mark Van Dongen - Past President of the Kitchener-Waterloo Homebuilders Association. Mr. Richardson advised that of nine finalists, four projects had been selected for Urban Design Awards this year and a video of these projects was viewed. Mayor C. Zehr and Councillor C. Weylie, assisted by Mr. Richardson and Mr. Brian Page, presented the following awards to those representatives of the companies who were in attendance: Awards of Merit 95 Washburn Drive · Huron Model and Gauge (owner) · Planning and Engineering Initiatives · Schiedel Construction 4296 King Street East · La-Z-Boy (owner) · Brian Shantz Limited · Grigg Landscaping Limited · Winnen Construction Group Park Street Revitalization · Clarica (owner) · Walter Fedy Partnership Award of Excellence Fire Department Headquarters- 270 Strasburg Road · City of Kitchener · Rieder Hymmen Lobban Architect · Planning and Engineering Initiatives COUNCIL MINUTES SEPTEMBER 18, 2000 - 441 - CITY OF KITCHENER Mayor C. Zehr presented the 'Senior of the Year' Award to Mrs. Betty Brown. Mayor C. Zehr spoke of Mrs. Brown's volunteer commitment to seniors and special needs groups since 1989. Messrs. Bill Thomas, Roger Farwell, Robert Blowes and Ms. Nancy Brawley appeared and gave a presentation on the results of the Feasibility Study for the Poseidon Project. The Project is a 122,830 sq. ft. aquatic centre combined with retail and office development proposed for the property at the intersection of Victoria and King Streets. Mr. Thomas acknowledged the contribution of the Geon Company and Mr. Lee Larsen, who are donating the land for the Project. Mr. Farwell spoke to the elements of the proposed facilities and Mr. Blowes outlined Project financing, noting that there would be a construction benefit to the community of between $25-28M and total annual benefits from taxation, employment, tourism and operations of between $28-31M. Mr. Thomas outlined the capital requirements of the Project and requested a conditional commitment from the City of Kitchener in the form of a $15M capital contribution, noting that the City would receive an annual return on investment of $200,000. in the form of taxes as well as indirect benefits of approximately $30M annually. It was noted that an annual operating surplus of $118,000. is anticipated. The capital contributors are estimated as follows: Geon Company ($3M); City of Kitchener ($15M); Province of Ontario ($8M); Federal Government ($7M); private contributions through fundraising ($6M). Mr. Thomas requested a reasonably quick response from the City, as this is required before making application for Provincial and Federal funding. Several members of Council commented that they were in favour of the Project but questioned the amount of the requested City contribution. Mr. Thomas clarified that the funding model depends on the Project receiving the entire $15M amount requested of the City. He commented that the net bottom line indicates the City will save money through the construction of this facility. He stated that the capital contribution of $6M anticipated from the private sector, over and above land and construction costs, is the maximum that can reasonably be attained. Mr. Blowes added that the total Project cost is approximately $60M, $39M of which pertains to the aquatic facility itself, with the remaining $21M pertaining to retail and office development to be funded by the private sector. Councillor T. Galloway inquired whether there was an opportunity to scale back the Project if less funding was available. Mr. Farwell responded that a scaled-back option would affect the ability of the Project to deliver a premier training facility. He further noted that the Project has already been scaled back in terms of the size of the three proposed pools, and any further reductions would directly impact the size of the water bodies. Councillor B. Vrbanovic inquired whether there had been a commitment from the National Training Centre and Mr. Thomas replied that the Project Team was led to believe there would be an enthusiastic response, as this facility could constitute a Regional-National Training Centre. In response to further questions, Mr. Thomas clarified that it is anticipated there will be no difficulty in attracting tenants for the retail and office components of the Project. In regard to the issue of community access, Mr. Thomas advised that it is anticipated there would be in excess of 100 hours per week for community use of the facility. He also confirmed that the City is only being requested to make a capital contribution, and there will be no subsequent requests for contributions toward operating expenses. Councillor G. Lorentz put forward a motion, seconded by Councillor Jake Smola, requesting a staff report, with a financing plan and an indication of how the Poseidon Project can be incorporated into the City's aquatics' programming. Councillor G. Lorentz indicated that he was impressed with the financial commitment made by the Geon Company to date, and felt that the $15M contribution requested of the City is not unreasonable. Mr. Robert Braun appeared as a Kitchener resident, business owner and member of the Kitchener Downtown Business Association. He expressed the opinion that the City needs a facility of this calibre and lent his support to the Project. Mr. Barney Tracey, President of the K-W Sports Council, appeared and indicated his support for the Project, noting that the facility will allow the City to host national and international swimming meets. Councillor J. Ziegler referred to the $30M contribution required of government sources and suggested that the private sector contribution should be increased. He suggested that staff should be asked to comment on how much financing the City of Kitchener can afford. Councillor B. Vrbanovic pointed out that the City needs to ensure that it has the resources and facilities to maintain its quality of life. He pointed out that Kitchener taxpayers are being asked to invest less than one-quarter of the cost of the Millennium Facility proposed by the City of Waterloo. COUNCIL MINUTES SEPTEMBER 18, 2000 - 442 - CITY OF KITCHENER Councillor G. Lorentz amended the motion before Council to reflect that staff are to report on what capital contribution can be made by the City and over what timeframe. Councillor John Smola expressed concern over the overall capital commitments of the City involving this and other projects. Councillor T. Galloway noted that enthusiasm for the Project should be balanced with fiscal responsibility, and asked that staff look at creative financing options for the capital portion of the Project. The motion, as amended, was then voted on. Moved by Councillor G. Lorentz Seconded by Councillor Jake Smola "That staff report as to the amount of the capital contribution the City could make and over what time period, as well as how the Poseidon Project could be incorporated into the City's aquatics' programming; and further, That staff work with the Poseidon Project Steering Committee as regards the appropriate reporting deadlines." Carried Unanimously. Ms. M. Walshe and Ms. H. Webb of the Kitchener Public Library and Mr. G. LeDuc of the Waterloo Catholic District School Board appeared as a delegation to officially announce a partnership between the Kitchener Public Library, the Waterloo Catholic District School Board and the City of Kitchener in the construction of a new branch library as part of the new Catholic secondary school to be located at Block Line Road and Homer Watson Boulevard. The delegation explained various aspects of the project and other proposed facilities for the school. Councillor B. Vrbanovic put forward a motion, seconded by Councillor Jake Smola, to approve in principle an agreement between the three partners for a joint-use public library at the new St. Mary's High School. Several members of Council spoke in support of the project and Councillor Vrbanovic's motion. Councillor J. Ziegler raised the issue of the deferral of projects for Block Line Road to Courtland Avenue and Hidden Valley Drive, due to the lack of monies in the Development Charges Fund. He indicated that though supportive of the partnership, he would not support deferral of either of these projects. Councillor T. Galloway spoke of the necessity to complete the road improvement projects in order to provide efficient access to the new school and library. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That Council approve, in principle, a partnership between the Waterloo Catholic District School Board, the City of Kitchener and the Kitchener Public Library to build a joint-use public library branch at the new St. Mary's High School, Block Line Road, in September of 2002; and further, That staff report on the financing of this initiative at the Council meeting of October 2, 2000." Carried. Mr. Barney Tracey, K-W Sports Council, appeared as a delegation in support of Clause 8 of the Community Services Committee report involving a request for funding to attend the International Children's Games Millennium Festival. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Clause 8 of the Community Services Committee report be adopted." Carried. SEPTEMBER 18, 2000 COUNCIL MINUTES - 443 - CITY OF KITCHENER Mr. Jeff Willmer, Planning and Engineering Initiatives, appeared as a delegation in support of Clause 4 of the Planning and Economic Development Committee report respecting Zone Change Application ZC 97/5/W/PB (350 Westmount Road West - Sunoco Inc.). Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 4 of the Planning and Economic Development Committee report be adopted." Carried. The following residents of Green Gable Court and Green Gable Way appeared as delegations in opposition to Clause 1 of the Community Services Committee report dealing with the location of a baseball diamond at the new Sandhills Public School: Mr. Mike Renchko, Ms. Bev Renchko, Ms. Anne Thorne, Mr. Andy Flanagan, Mr. Dave Wylie, Mr. Ken Noonan, Mr. Don Burn and Mr. Michael Deane. Mr. Mike Renchko suggested that the Community Services Committee recommendation is neither effective nor viable as it does not address traffic or safety issues raised by the residents of Green Gable Court and Green Gable Way. He suggested that allowing the test period will eventually lead to the diamond being permanently established in its present location. Mr. Renchko advised that on August 22 of this year, the initial stages of construction were underway, with the location of the diamond differing from that shown on the site plan. He suggested that the City and the School Board re-located the diamond without any input from area residents and requests for input were ignored. Mr. Renchko asked that the ball diamond be re-located to the alternate location suggested by area residents. He advised that this location would not result in damage to any trees, and the fact that the outfield would now be adjacent to the backyards of residential properties would not pose a problem as the 350 ft. distance is more than adequate given the anticipated level of players using the diamond. Mr. Renchko further advised that requests of the School Board to slow the construction process resulted in the development being accelerated. Ms. Bev Renchko circulated photographs of the diamond and backstop and suggested that it is visually offensive in terms of its size and proximity to the rear yards of some residences. She suggested that this results in a loss of privacy and limits resident enjoyment of their yards and homes. Ms. Anne Thorne spoke to the safety hazard created for neighbourhood children given the anticipated increase in traffic by users of the baseball diamond. She noted that, at present, there is minimal traffic on the Court and children have become accustomed to using it for various play activities. She offered the opinion that the Board and the City were presumptuous in assuming the re-oriented diamond would be a benefit to surrounding residents. She requested that the diamond be re- positioned to discourage parking on Green Gable Court. Councillor G. Lorentz inquired whether residents had considered assisting financially with the re-location of the diamond, and Ms. Thorne advised that all options are considered open at this time. Mr. Andy Flanagan raised concerns over the noise created by the use of the diamond for league baseball which would be programmed for five nights per week and Saturdays. He pointed out that the diamond backstop is 50 ft. from the closest backyard, noting that this distance would increase to 350 ft. if the diamond was re-oriented as requested. Mr. Dave Wylie expressed safety concerns, noting the likelihood that the interior portion of Green Gable Court would be used for parking in addition to the six legal parking spaces on the street. He suggested that this would be dangerous for children and that re-locating the diamond would make parking at the school preferable to parking on the Court. He offered the opinion that there was a major breakdown in communication and expressed his disappointment in the approach taken by the School Board. Councillor G. Lorentz pointed out that Green Gable Court is a public highway and that every resident of the City has a right to drive on municipal streets. He indicated his concern that residents feel children should have free access to roads as a play area. Mr. Wylie responded that he and other residents had chosen this location to live due to the minimal traffic and that over time children had become used to Iow traffic volumes on the Court. Mr. Ken Noonan displayed a drawing of the current and alternative locations for the diamond, outlining reasons why the location suggested by the residents is preferable, and noting that the COUNCIL MINUTES SEPTEMBER 18, 2000 - 444 - CITY OF KITCHENER playability of the field would be the same as the current location and safety hazards would be less. Mr. Noonan pointed out that neighbours prefer the threat of an occasional baseball in their backyards rather than the noise and other problems created by the current design. He characterized the Board as showing poor design planning and community relations. Mr. Noonan advised that the Board is prepared to re-locate the diamond at the City's expense, and the City has to accept responsibility for the current location as it was their recommendation. Councillor G. Lorentz inquired whether residents were prepared to sign a waiver absolving the City from any damages due from errant balls, and Mr. Noonan advised that he would be prepared to sign such a waiver. Mr. Don Burn referred to landscaping issues and the fact that the visual screening in place would take 10-15 years to mature. He voiced his support for the re-location of the diamond as suggested. Mr. Michael Deane appeared and indicated that much of the frustration of residents derives from the lack of public consultation, and referred to a petition signed by 30 residents requesting that the diamond be re-located. He stated that, in his opinion, the School Board could have halted construction at any time. Mr. Deane suggested that re-locating the diamond would reduce the amount of noise, the visual intrusion as well as shift the majority of parking to the school property. Mr. Chris Smith appeared on behalf of the Waterloo Region District School Board with respect to the baseball diamond at Sandhills Public School, to answer questions from Council. Councillor B. Vrbanovic questioned the development process, including communications with the neighbours and site plan approval. Mr. Smith advised that the Board had an approved site plan and noted that if there had been discussions with the neighbours and changes were requested, the Board might have approached the City to seek re-approval of the site plan but this would have resulted in construction delays. Mr. Smith pointed out that the neighbours were aware that this land would be a school site and that the elevation of the ball diamond has always been 10 feet higher than the abutting residences. Councillor Vrbanovic questioned the School Board's response when the neighbours requested a halt in construction of the diamond and suggested it would have been prudent to discuss changes with the residents affected. Mr. Smith responded that construction was not accelerated because of their request. He noted that the Board wanted the construction of the school site completed in time for school opening in September, 2000, and the already late construction schedule was part of the problem. Councillor T. Galloway suggested that responsibility for the location of the baseball diamond has to be shared by the City and the School Board. He questioned how programming of the site would be affected by the re-location proposed by the residents. Mr. Smith responded that a downgrade to a scrub diamond would address the school's needs and it could be moved to the approximate location proposed by the residents, but would have to be moved away from the bank and the school. He noted that such a decision may not address the City's programming needs. Councillor Galloway questioned, if money was available, whether the Board would agree to move the diamond to the location requested by the neighbours. Mr. Smith responded that it would be physically possible; however, there are some functional difficulties with this location. Councillor C. Weylie suggested deferral of Clause 1 of the Community Services Committee report to allow an opportunity for all parties to review the issue. Councillor J. Ziegler questioned the cost of the diamond and the cost of moving it and Mr. Smith offered an estimate of $15,000. to move the diamond and cited an initial construction cost of $12,000. Councillor Ziegler questioned whether, if the diamond was re-oriented, it would have to be downgraded, and Mr. Smith responded that this would have to be re-evaluated. Councillor Ziegler suggested that if the diamond had to be downgraded in either case, this could be done more cost effectively at the existing location. Councillor G. Lorentz put forward a motion, seconded by Councillor T. Galloway, to adopt Clause 1 of the Community Services Committee report. COUNCIL MINUTES SEPTEMBER 18, 2000 - 445 - CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That consideration of Clause 1 of the Community Services Committee report be deferred pending a further meeting involving Mayor C. Zehr, Councillors C. Weylie, G. Lorentz and T. Galloway and four representatives of the Waterloo Region District School Board to discuss the possible re-location of the baseball diamond at the Sandhills Public School and related issues." Carried. Mayor C. Zehr agreed to expeditiously organize the meeting referred to above. Councillor G. Lorentz then referred to Business and Planning Services staff report BPS-00-125, dated September 15, 2000, with respect to the site plan approval process and public consultation for sportsfields. Councillor Weylie requested that part 3 of the recommendation in the staff report be amended to include basketball courts, and the staff recommendation was then voted on, as amended. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the Department of Business and Planning Services continue with its existing Site Plan Approval process according to Section 41 of the Planning Act; and, That sportsfields associated with future site plans for school sites not be specifically shown on the approved site plan, but identified as 'sports activity area'; and further, That subject to the consideration and agreement of both the Public and Catholic District School Boards, neighbouring property owners be consulted subsequent to Site Plan Approval with respect to the actual design, placement and construction of individual sportsfields, such as baseball diamonds, soccer fields and basketball courts, prior to their implementation." Carried. The owners of Riverbend Auto Recyclers and Dusty's Auto appeared as delegations with respect to an encroachment on City-owned land between the rear of 355 Riverbend Drive and the Expressway. Members of Council commented on a staff report which they had received a week previously. Following a brief discussion, the delegates were requested to appear at the Finance and Administration Committee meeting of September 25, 2000, with staff to prepare a report for the meeting, with a copy to the delegates. Councillor G. Lorentz requested a copy of the survey of the subject property. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee be adopted." Voted on Clause by Clause. Clause 4 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee be adopted." On motion by Councillor Lorentz, seconded by Councillor T. Galloway, it was agreed that Clause 4 be deferred and referred to the Community Services Committee meeting of September 25, 2000. SEPTEMBER 18, 2000 COUNCIL MINUTES - 446 - CITY OF KITCHENER Voted on Clause by Clause. Clause 1 - Dealt with under Delegations and Action deferred pending further discussion with the School Board and residents concerning the proposed location of the baseball diamond. Clause 4 - Carried, as Amended. Clause 8 - Dealt with under Delegations and Carried. Balance of Report - Carried. Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "That the report of the Environmental Committee be adopted." Carried. Moved by Councillor Jim Ziegler Seconded by Councillor G. Lorentz "That Clause 2 of the report of the Finance and Administration Committee be adopted." Carried. Councillor John Smola referred to the staff report requested in regard to Clause 2 and suggested that the information in respect to lost municipal revenues as a result of other charitable gaming venues introduced by the Province should be forwarded to the Alcohol and Gaming Commission. Councillor Ziegler accepted Councillor Smola's suggestion as a friendly amendment. Clause 2 of the Finance and Administration Committee report, as amended, was then put to a vote and Carried. Recorded Pecuniary Interest and Abstention: Clause 2 Councillor M. Yantzi as his employer, Community Justice Initiatives, receives funds from charities and Councillor B. Vrbanovic as he is a member of an organization which conducts bingos. Councillor J. Ziegler referred to Clause 3 of the Finance and Administration Committee report and questioned staff as to whether the lot maintenance by-law for 101 Chapel Street is still required. Mr. B. Stanley advised that, to his knowledge, the by-law was still required. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That the balance of the Finance and Administration Committee report be adopted." Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener be adopted." Carried. COUNCIL MINUTES SEPTEMBER 18, 2000 - 447 - CITY OF KITCHENER Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." Councillor G. Lorentz referred to Clause 2 of the report and the wooden fence recently constructed at Raylene Drive, stating that there is no lock and no light. Mr. J. Gazzola advised that he will look into the matter. Councillor Jake Smola suggested that the fence should be extended along the rear of 50 Westmount Road, to avoid future problems. Councillor J. Haalboom advised of her concerns over the increased cost of natural gas as outlined in Clause 6 of the Committee report. She referred to the possibility of cushioning customers from the impact of the increase using a reserve fund. Mayor C. Zehr explained that no specific funds have been set aside to offset rate increases, rather the reserves referred to are for implementing changes in infrastructure and dealing with unforeseen problems. Councillor Haalboom inquired whether the rate would decrease if the supply cost of natural gas decreased and Mayor Zehr replied in the affirmative. Councillor Haalboom suggested that an insert be mailed with utility bills specifying that the increase will only be used to purchase supply, and Mayor Zehr advised that an advertisement and billing insert have already been prepared. Councillor B. Vrbanovic pointed out that gas utility customers have benefited from an approximately 13% reduction in the cost of delivery as a result of gas utility efficiencies which have been passed along to customers. Councillor T. Galloway further clarified that the City is required to segregate its supply and delivery costs and any form of cross subsidy in this regard would result in the loss of the City's gas utility license. Councillor Haalboom advised of her concerns with Clause 4 of the report and requested that it be voted on separately. She indicated that, in her view, the proposed all-way stop would help but not correct the traffic situation. The report was voted on Clause by Clause. Clauses 2, 4 and 6 - Carried. Balance of report - Carried. Councillor John Smola advised that he has filed his nomination as a candidate in the Bridgeport- Centre Ward during the upcoming Municipal Election. Councillor B. Vrbanovic also declared his intention to run as a candidate for the Chicopee-Grand River Ward. Councillor B. Vrbanovic asked that Mr. B. Stanley look into concerns expressed by residents in the area of Eastwood Collegiate concerning the appearance of newly erected portables in relation to the surrounding residential area. He asked that a report be brought to the Planning and Economic Development Committee for consideration at the October 16, 2000 meeting. Councillor B. Vrbanovic asked that Mr. S. Gyorffy work with traffic staff of both the City and Region to investigate concerns over the speed of traffic along the portion of old King Street which is presently under construction. He suggested that speeds in this area be posted at no more than 30-40 km/h. Councillor B. Vrbanovic asked for a report at an upcoming Public Works and Transportation Committee meeting outlining sidewalk repair/replacement projects which are in the Capital Budget and Forecast. Mr. Gyorffy responded that a list will be available at the November 20, 2000 meeting. Councillor C. Weylie referred to a plaque recently presented to the City by the Luft family for installation at the Victoria Hills Community Centre, and requested that Mayor C. Zehr send a letter of appreciation. Councillor Weylie also requested a report on the City's graffiti program which could be used to provide input for a Police Commission report. Councillor J. Ziegler referred to problems brought to his attention in respect to the City's gas and water utility billing system. He noted that he has received complaints related to billed amounts given that the City now estimates the amount owing for every two out of three months. Concerns were also raised that customers are having difficulty in getting a timely response to their inquiries. Ms. P. Houston explained that the problem with the billing amounts relates to the new billing software and an inadequate billing history. She advised that it is expected the problem will correct itself as billing history accumulates in the system. She further stated that staff are examining billing problems on an individual basis and are presently considering improvements to the phone inquiry system, including COUNCIL MINUTES SEPTEMBER 18, 2000 - 448 - CITY OF KITCHENER the possible hiring of temporary staff. Councillor Ziegler responded that in his view accumulating a billing history will not alleviate the problem due to the number of estimates as opposed to meter readings. He suggested that if the City continues to bill on a monthly basis, the meter should be read more often. He also indicated his interest in discussing a possible return to three-month billing when the staff report is considered at Committee. Councillor B. Vrbanovic suggested that a clearly articulated service commitment standard be investigated. Councillor J. Ziegler noted that he has filed his nomination as a candidate for the upcoming Municipal Election in respect to the Fairview-Gateway Ward. Councillor K. Taylor-Harrison requested that the Mayor correspond with the Minister of Municipal Affairs and Housing to request a review of the current Municipal Act and proposing changes which would allow the municipality, under certain circumstances, to either confiscate the property of landlords who continually ignore property standards requirements; or, take temporary possession of the property for purposes of repair and maintenance with such expenses to be deducted from the rent received. She noted that a conservative estimate of the costs relative to properties on Eby Street between Duke and Church Streets is in excess of $1M for a single year. Councillor K. Taylor-Harrison put forward a motion in regard to the above concerns which failed for lack of a seconder. Councillor M. Yantzi questioned the appropriateness of this course of action and cited the need for additional information as to how this problem has been handled in other jurisdictions. Councillor J. Ziegler indicated that he would not support a recommendation involving the confiscation of landlord property, and suggested that any further discussion in this regard incorporate input from the local landlord association. Moved by Councillor K. Taylor-Harrison Seconded by Councillor B. Vrbanovic "That staff report on the property standards and lot maintenance problems currently experienced as a result of irresponsible, absentee landlords, said report to include information on the methods and response of other municipal jurisdictions as well as a review of the current property standards process with suggestions to improve its effectiveness." Carried. Councillor M. Yantzi referred to the problems created by automobile repair businesses operating adjacent to residential zones. He asked that Planning staff review the regulations applicable to auto repair facilities, particularly those which maintain a stock of derelict vehicles for parts. Mr. B. Stanley advised that staff are aware of the problem, which relates to the issue of when a car on a garage lot is considered abandoned. Councillor J. Haalboom advised that the Mayor's Advisory Committee for Kitchener Seniors met to consider the Compass Kitchener recommendations, and has asked to be provided with regular updates and an opportunity to discuss related initiatives. Councillor Haalboom also inquired as to the possibility of an Advisory Committee member sitting on the Compass Kitchener Steering Committee. Mayor C. Zehr advised that the Steering Committee has disbanded and that the Transition Committee will consider the request. Councillor Jake Smola referred to an Olympic fundraising campaign currently underway to raise money for Canadian athletes through the sale of 'Canada' pins. Councillor Jake Smola also extended thanks to Evelyn and Lorne Miller, hosts of the golf fundraiser referred to as the 'Edelweiss Charity Golf Classic'. He noted that all money raised will be donated to the Grand River Cancer Centre. Councillor Smola also asked that the Mayor send a letter to the Millers acknowledging their efforts. Councillor C. Weylie inquired into the status of the City's review of the animal control contract, and Councillor J. Ziegler advised that a meeting of the review committee will be held September 26, 2000, after which a report will be brought forward for discussion at the Finance and Administration Committee. He indicated that the City is currently negotiating with the K-W Humane Society as they were the only respondent to the Request for Proposal. Mayor C. Zehr suggested that the response to the proposal request should have come back to the Standing Committee for discussion prior to beginning any negotiations. SEPTEMBER 18, 2000 COUNCIL MINUTES - 449 - CITY OF KITCHENER Council acceded to the request of Mr. G. Sosnoski to add four by-laws for three readings this date, all involving staff appointments and name changes reflected in various chapters of the Municipal Code. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property. (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon. (c) (d) To further amend By-law No. 88-172 being a by-law to authorize on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof. Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Rudy Meister- Victoria Street North. (e) Being a by-law to adopt Amendment No. 29 to the Municipal Plan - Rudy Meister - Victoria Street North. (f) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act. (g) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Waterloo Region District School Board - King Street West. (h) Being a by-law to adopt Amendment No. 30 to the City of Kitchener Municipal Plan - Waterloo Region District School Board - King Street West. (i) 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 101 Chapel Street, Kitchener. (J) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Jafar Konoodi - Queen Street South. (k) Being a by-law to adopt Amendment No. 31 to the Municipal Plan - Jafar Konoodi - Queen Street South. (I) To confirm all actions and proceedings of Council. (m) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the appointment of staff. (n) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code respecting parks. (o) Being a by-law to amend Chapter 690 of the City of Kitchener Municipal Code respecting trees. (p) Being a by-law to amend Chapter 554 of the City of Kitchener Municipal Code respecting lotteries. and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor Jake Smola as Chair. SEPTEMBER 18, 2000 COUNCIL MINUTES - 450 - CITY OF KITCHENER On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Jake Smola 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." Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) Carried. 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. 2000-143) 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. 2000-144) To further amend By-law No. 88-172 being a by-law to authorize 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. 2000-145) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Rudy Meister- Victoria Street North. (By-law No. 2000-146) Being a by-law to adopt Amendment No. 29 to the Municipal Plan - Rudy Meister - Victoria Street North. (By-law No. 2000-147) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act. (By-law No. 2000-148) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Waterloo Region District School Board - King Street West. (By-law No. 2000-149) Being a by-law to adopt Amendment No. 30 to the City of Kitchener Municipal Plan - Waterloo Region District School Board - King Street West. (By-law No. 2000-150) 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 101 Chapel Street, Kitchener. (By-law No. 2000-151 ) SEPTEMBER 18, 2000 COUNCIL MINUTES - 451 - CITY OF KITCHENER (J) (k) (m) (n) (o) (P) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener- Jafar Konoodi - Queen Street South. Being a by-law to adopt Amendment No. 31 Queen Street South. (By-law No. 2000-152) to the Municipal Plan - Jafar Konoodi - (By-law No. 2000-153) To confirm all actions and proceedings of Council. Being a by-law to amend Chapter 101 of the City respecting the appointment of staff. Being a by-law to amend Chapter 270 of the City respecting parks. Being a by-law to amend Chapter 690 of the City respecting trees. Being a by-law to amend Chapter 554 of the City respecting lotteries. (By-law No. 2000-154) of Kitchener Municipal Code (By-law No. 2000-155) of Kitchener Municipal Code (By-law No. 2000-156) of Kitchener Municipal Code (By-law No. 2000-157) of Kitchener Municipal Code (By-law No. 2000-158) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned at 11:55 p.m. MAYOR CLERK SEPTEMBER 18, 2000 COUNCIL MINUTES - 452 - CITY OF KITCHENER PLAN 1. REPORTS ADOPTED BY COUNCIL NING & ECONOMIC DEVELOPMENT COMMITTEE That the City accept the Offer to Purchase from First Response Restorations Inc. for Part 3, Reference Plan 58R-9683, (Site 151) on Washburn Drive, Huron Business Park. The site has an approximate area of 1.06 acres (.43 hectares) and the offering price is $75,000. per acre for a total purchase price of $79,500.; and further, That the Mayor and Clerk be authorized to execute any other necessary documentation required by the City Solicitor. That the City of Kitchener grant an extension to the closing date, from September 8, 2000 to November 30, 2000 respecting Huron Woods Development Corporation's Offer to Sell the City of Kitchener 18.43 acres of land (Strasburg Road). 1) That Council approve Municipal Plan Amendment Application MP 00/03/Q/TMW (744-746 Queen Street South - Jafar Konoodi), being an amendment to the Victoria Park Neighbourhood Secondary Plan by: a) Amending Map 14, by adding Special Policy 15 to the lands municipally known as 744-746 Queen Street South. b) Amending Section 13.5.4 by adding Special Policy 15 as follows: 15. Notwithstanding the Low Rise Multiple Residential designation, which applies to the lands at 744-746 Queen Street South, a personal service use shall also be permitted within the existing building. It is the opinion of this Committee that approval of this Amendment is proper planning for the City. 2) That Zone Change Application ZC 00/07/Q/TMW (744-746 Queen Street South - Jafar Konoodi) requesting a change in zoning from Residential Six Zone (R-6) to Residential Six Zone (R-6) with Special Use Provision 278U and with Special Regulation Provision 325R, on lands legally described as Lot 14, Registered Plan 158, be approved in the form shown in the attached "Proposed By-law", dated August 4, 2000, subject to the following conditions. That all tax and utility accounts related to the subject property be paid in full prior to Council giving three readings of the zone change by-law. The owner acknowledges that Condition 1 is to be satisfied no later than seven months after Council having approved by resolution Zone Change ZC 00/07/Q/TMW. In the event this resolution is not fulfilled within the seven-month period, Council shall consider rescinding the zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (744-746 Queen Street South - Jafar Konoodi) to the City's Municipal Plan. That Zone Change Application ZC 97/5NV/PB (350 Westmount Road West - Sunoco Inc.) requesting a change in zoning from Service Station Zone (C-7) with Special Regulation Provision 75R to Convenience Commercial Zone (C-1), with Special Use Provision 286U, Special Regulation Provision 339R, on lands legally described as Part of Lot 7, Registered Plan 1268 and Part of Lot 2, Municipal Compiled Plan 793, more particularly described as Parts 1 and 2, Reference Plan 58R-4532, be approved in the form shown in the attached "Proposed By-law", dated August 10, 2000, subject to the following conditions: 1) That a Record of Site Condition be completed on the subject property, and acknowledged by the Ministry of Environment and Energy, prior to Council giving any readings of the amending Zone Change By-law. SEPTEMBER 18, 2000 COUNCIL MINUTES - 453 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. (Cont'd) 2) The owner acknowledges that Condition 1 is to be satisfied no later than seven months after Council having approved by resolution Zone Change ZC 97/SNV/PB. In the event this resolution is not fulfilled within the seven month period, Council shall consider rescinding the zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. (Dealt with under Delegations and Carried) 5. Commercial Policy Review Study - That staff report BPS-00-116 (Status report re Implementation Strategy) be received for information. COMMUNITY SERVICES COMMITTEE - That staff investigate options for visual screening of the baseball diamond at Sandhills Public School from adjacent residences; and, That the baseball diamond be designated for use by minors only; and further, That staff program the ball diamond at Sandhills Public School for a one year period and report to the Community Services Committee at the end of that period on the effects, if any, that the use of the ball diamond has had on the adjacent residences. (Dealt with under Delegations and action deferred pending further discussion with the School Board and area residents concerning the proposed location of the diamond) That the City of Kitchener approve the request of The Dwelling Place for' tethered' hot air balloon rides at Gzowski Park on October 14, 2000. That the Country Hills Playground Partnership be recognized for their continued efforts in developing a new play space at the Country Hills Community Centre and that Council recognize and support their fundraising plan. That consideration of the request to rename the "K-W Civitans Softball Diamond" to the "Romitz Sports Field" be deferred and referred to the Community Services Committee meetinq of September 25, 2000. (As Amended) That Council approve the addition of K-W In-Line Hockey League Incorporated as an insured group in the City of Kitchener's Minor Sports third party liability insurance program; and further, That Council approve the League as an affiliated minor sport group with the City of Kitchener in accordance with the City's Minor Sport Affiliation Policy. That the City of Kitchener take no action to amend Chapter 210 (Cemeteries-Municipal), Article 11, Subsection 13, of the Municipal Code to allow photo attachments of non-breakable poly materials on upright memorials. That the City of Kitchener approve, in principle, the retention of a consulting firm to design and develop a call centre proposal for the Community Services Department. That Council approve the request for funding by the K-W Sports Council to offset costs of $1,211.53 associated with the municipal team entry in the International Children's Game Millennium Festival. (Dealt with under Delegations and Carried) SEPTEMBER 18, 2000 COUNCIL MINUTES - 454 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL ENVIRON MENTAL COM M ITTEE - That Councillor J. Haalboom be appointed as Vice-Chair of the Environmental Committee for a term to expire November 30, 2000, to replace Councillor T. Galloway who resigned from the Committee effective June 1,2000. That Councillor Jake Smola be appointed as the City of Kitchener Environmental Committee representative on the Residential Energy Efficiency Project (REEP) Advisory Board for a term to expire November 30, 2000. WHEREAS the Corporation of the City of Kitchener endorsed the Clean Air Plan in 1999, which committed the City to a number of initiatives to help reduce air pollution; and, WHEREAS car sharing is one such initiative that can significantly reduce private vehicle use and therefore air pollution; and, WHEREAS the said co-operative has demonstrated a viable plan to become a self-financing organization with a business plan by the end of its proposed project in July 2002; THEREFORE BE IT RESOLVED that the Environmental Committee recommends that Council support, in principle, partnering with the People's Car Co-operative in the 'Moving People to Cleaner Air' project proposal; and further, THAT the General Manager of the Department of Business & Planning Services be directed to prepare a report detailing the proposal for grant funding under the City's Community Infrastructure Grant Program and staff time commitment requested in support of the Co-op's project. That Council supports the establishment of a Pesticide Free Waterloo Region Committee and endorses, in principle, the draft Mission Statement of the Committee, as presented to the Environmental Committee at its meeting held on September 7, 2000, and which states as follows: 'Due to health concerns associated with our dependence on pesticides our mission is to educate, advocate and develop policies to progressively reduce pesticide use to zero in Waterloo Region.'; and, That, when finalized, the Mission Statement be brought back to a future meeting of the Environmental Committee for further consideration; and further, That Council encourage all other municipalities within the Region of Waterloo to support the Pesticide Free Waterloo Region Committee." FINANCE AND ADMINISTRATION COMMITTEE - That the property owner of 63 Old Carriage Drive remove the existing wood fence erected on City owned land at the rear of their property no later than October 31, 2000. That Council approve grants to charities conducting Bingos from September 1 to December 31, 2000, equal to the Bingo Licence fees less $1.00 per licence; and further, That staff correspond with the Alcohol and Gaming Commission advising them of the City's lost revenue, believed to be the result of other charitable gaming venues introduced by the Province. (As Amended) That Council consider a by-law at its meeting of September 18, 2000, authorizing the removal of waste material from 101 Chapel Street, at the owner's expense, if the work has not been done by the owner on or before September 15, 2000. COUNCIL MINUTES SEPTEMBER 18, 2000 - 455 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That Council direct staff to notify the Alcohol and Gaming Commission that the City of Kitchener does not oppose the application for a liquor licence by Chu Thi Tran for the Huong- Cang Cafe Karaoke Restaurant, 265 King Street East, Kitchener, provided that the owner requests that the conditions agreed upon in writing on September 7, 2000, which are described in Section h) of staff report BPS-00-118 be attached as a schedule to the liquor licence. That Council take no action to oppose the application for a liquor licence by Korner Deli, 25 Frederick Street, Kitchener. That Block 56, Registered Plan 58M-82 being a public walkway, be declared surplus to the City's needs for the purpose of granting a surface easement to an adjacent property owner for the purpose of an emergency access across said City land to the benefit of a new residential development; and further, That the Mayor and Clerk be authorized to execute documents as required and approved by the City Solicitor. HERITAGE KITCHENER- That Council approve the recommendations contained in the St. Mary's Heritage Conservation District Study, Heritage Assessment Report, dated Draft March 2000, prepared by Archaeological Services Inc., Wendy Schearer Landscape Architect Limited, and Uterman McPhail Associates; and further, That the consultants be directed to proceed with the preparation of the Heritage Conservation District Plan. That pursuant to Section 34 of the Ontario Heritage Act, Council approve the request of the owners of the property municipally known as 31 Young Street (Forsythe Property) to demolish the one storey structures attached to the easterly side of the property, as shown on the site plan prepared by L. Alan Grinham Architect Inc., dated August 28, 2000; and further, That pursuant to Section 33 of the Ontario Heritage Act, Council approve the request of the owner to alter the designated property municipally known as 31 Young Street (Forsythe Property) by replacing seven windows in the model suite located on the second floor in the southwest corner of the three storey building, with new aluminium clad wooden windows as considered by Heritage Kitchener on September 8, 2000; and as outlined in their Alteration Application dated August 25, 2000. That pursuant to Section 43 of the Ontario Heritage Act, Council approve the request of the owner to demolish the detached garage on the property municipally known as 15 Heins Avenue, (Victoria Park Area Heritage Conservation District) and construct a new garage, as outlined in his Alteration Application dated September 6, 2000. That the Mayor and Clerk be authorized to sign a Heritage Easement Agreement for the property municipally known as 393 Tilt Drive, dated September 8, 2000, between Monarch Construction Limited, Terry Reynolds, Virginia Reynolds and the Corporation of the City of Kitchener, subject to the agreement being satisfactory to the City Solicitor; and further, That the Mayor and Clerk be authorized to sign a Heritage Easement Agreement for the property municipally known as 5 Michael Street, dated September 8, 2000, between 1397036 Ontario Ltd. and the Corporation of the City of Kitchener, subject to the agreement being satisfactory to the City Solicitor. SEPTEMBER 18, 2000 COUNCIL MINUTES - 456 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the taxi cab stand in front of the former Tom'z Katz establishment on King Street East be eliminated; and, That a taxi cab stand on the east side of Water Street from a point 39 metres north of King Street to a point 12 metres thereof be installed; and further, That a taxi cab stand on the west side of Francis Street from a point 29 metres north of King Street West to a point 18 metres north thereof be installed. That the wooden fencing recently constructed by the City at Raylene Drive not be extended across the rear of the properties addressed as 115 and 119 Hearth Crescent. That the current parking prohibition on both sides of Orchard Mill Crescent, 8:00 a.m. to 8:00 p.m., Monday to Friday, remain in effect; and further, That the current parking prohibitions on the north side of Doon Valley Drive from Pinnacle Drive to Old Mill Road, 8:00 a.m. to 8:00 p.m., Monday to Friday, remain in effect. That an all-way stop control not be installed at the northerly intersection of Doon Valley Drive and Orchard Mill Crescent; and further, That staff be directed to review installation of the all-way stop control following completion of the Lower Doon Traffic Study. That Council agree to bind the Corporation to indemnify Clarica for any related claims relating to the construction of a temporary vehicular access ramp from Clarica's John Street parking lot to the dead-end portion of York Street. That the supply price for the natural gas commodity be increased to 16.9130 cents per cubic metre for system gas customers of the City of Kitchener effective October 1, 2000; and further, That staff of the Communications Division be directed to assist the Utilities Division in development of a press release that will clearly communicate the reason for the price increase to the City's gas customers. SEPTEMBER 18, 2000 COUNCIL MINUTES - 457 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Charitable Auction & Refreshment Stand Licence It was resolved: "That the YMCA of Kitchener-Waterloo, 333 Carwood Ave., Kitchener, Ontario, N2G 3C5, be granted permission to operate an auction and refreshment stand at the City of Kitchener Rotunda, Kitchener, on November 3, 2000, provided that the necessary Fire and Health approvals are obtained, and that the nominal fee be applicable." ii) Civic Celebration Licence It was resolved: "That the following applicants be permitted to operate in the area of Frederick Street to Benton Street and Charles Street to Duke Street and from the Central Meat Market property located at 760 King Street West, Kitchener, during Oktoberfest, October 6-14, 2000, inclusive, provided that the necessary licenses and Health and Fire approvals are obtained: Grain Harvest Breadhouse Ontario Pork Producers Marketing Board Vans Original Belgian Waffles Four Points Hotel K-W Oktoberfest Hans Haus Kevin Mcleod c/o J.M. Schneider Pretzels Sausage on a Bun Waffles Hot Dog Cart Decorations & Souvenirs Hot Dog Cart." iii) Adult Entertainment Parlour Attendant Licences It was resolved: "That the following massagists employed at 808 Courtland Avenue East - Unit 4, Kitchener, be granted Adult Entertainment Parlour Attendant Licences for the year 2000: Penny Marie Sampson Kelli Oakley Rachel Anna Brinac Dryngiewicz Sarah Oliver Lia Sellmani Monica Tobin Cara Pratt." - and - "That the following massagists employed at 1127 King Street East, Kitchener, be granted Adult Entertainment Parlour Attendant Licences for the year 2000: Christina Boehmer Kimberlee Maxwell." COUNCIL MINUTES SEPTEMBER 18, 2000 - 458 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 1. Licences - (Cont'd) iv) Social Gaming Event Licence It was resolved: "That the City of Kitchener has no objections to a Provincial licence being issued to Kitchener-Waterloo Oktoberfest to hold a Social Gaming Event from October 6 to 14, 2000 inclusive, at Marshall Hall, Bingeman Park, 1380 Victoria St. N., Kitchener." 2. Grand River Conservation Authority - Riverprize Award It was resolved: "WHEREAS, the Grand River Conservation Authority evolved from a Commission formed in the 1930's by municipalities in the Grand River Valley to address common river management problems; and, WHEREAS, the GRCA has demonstrated superior innovation in resolving a broad range of ecological issues, and has restored the Grand River in a region that supports a large industrial base and a productive agricultural sector; and, WHEREAS, as a result of its efforts, the GRCA has established a standard for excellence in watershed management; THEREFORE BE IT RESOLVED that the Council of the Corporation of the City of Kitchener formally congratulate the Grand River Conservation Authority for having been selected to receive the prestigious 2000 Thiess Environmental Services Riverprize award, representing international excellence in watershed management." It was requested that Mayor C. Zehr send correspondence in regard to the above motion to the Grand River Conservation Authority, and to Allan Holmes, the Authority's recently retired General Manager. 3. Compliance with Restrictions/Consent to Transfer- 2-20 Howard Place It was resolved: "That, on September 18, 2000, the property described as Unit 2, Level 1, W.N.C.C. Plan 95 and municipally known as 2 - 20 Howard Place, Kitchener complied with the restrictions set out in a Schedule to Instrument No. 845932; and further, That the City consent to a transfer from Nickormel Inc. to Edgar Melanson of the property described as Unit 2, Level 1, W.N.C.C. Plan 95 and municipally known as 2 - 20 Howard Place, Kitchener." 4. Si.qnin.q Authority for Chanqes to Aqreement - Northway-Photomap Inc. It was resolved: "That the Manager of Database Administration and GIS, or his designate, be given authority to sign for minor changes to the agreement between Northway-Photomap Inc., the City of Kitchener, the City of Waterloo and the City of Cambridge, dated May 4, 2000, relative to the production of aerial photographs and digital ortho rectified imagery." COUNCIL MINUTES SEPTEMBER 18, 2000 - 459 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Encroachment Aqreement - 61 West Avenue It was resolved: "That the Mayor and Clerk be authorized to execute an encroachment agreement with the registered owner(s) of the property municipally known as 61 West Avenue to permit the construction and maintenance of a 3' high wooden fence that will encroach 3', more or less, into the West Avenue road allowance." 6. Placement of Millennium Thumbprints Monument It was resolved: "That Council approve the placement of the Millennium Thumbprints monument on the granite wall facing Civic Square along the College Street ramp, with exact placement subject to input from Facilities Management and the artists; and, That the Mayor and Clerk be authorized to sign an agreement with Creative Design, the installers of the Millennium Thumbprints monument, subject to the satisfaction of the City Solicitor; and further, That the City accept an assignment of copyright from the artists, Charles Baker, Christopher Griffin and Marshall Ward." 7. Purchase of Properties for Road Wideninqs - Huron Road Construction It was resolved: "That the City accept the Offer to Sell from Jerome Zuber dated August 25, 2000 with respect to Parts 14 and 15, Reference Plan 58R-12556 for the purpose of road widening (Huron Road off Homer Watson Drive)." 8. Revised Loan and Lease - Reqistry Theatre (J.M. Drama) It was resolved: "That the loan to J.M. Drama for renovation work at the Registry Theatre, as approved by Council on February 14, 2000, be reduced from $224,000. to $149,000.; and further, That the City contribute $75,000. in landlord leasehold improvements to the Registry Theatre provided that J.M. Drama shall, in its lease with the City, pay the amount back as part of its rent over the first five years of the lease or earlier upon termination." 9. Committee of Adjustment (ROCKWAY-VICTORIA WARD) It was resolved: "That Council ratify and confirm the September 12, 2000 decision of the Committee of Adjustment recommending refusal of Submission No. FN 2000-009 - Tom & Sandi McQuaid (115 Highland Road West)." 10. TaR Day Request - Royal Canadian Sea Cadets No. 94 WARSPITE It was resolved: "That the Royal Canadian Sea Cadets No. 94 WARSPITE, Kitchener-Waterloo Branch, be granted permission to hold Tag Days on Friday, October 13 and Saturday, October 14, 2000, at various malls, grocery store and liquor stores entrances in the City of Kitchener, provided that permission is obtained from the manager or owner." COUNCIL MINUTES SEPTEMBER 18, 2000 - 460 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 11. Appointment - Doq Desi,qnation Appeal Committee It was resolved: "That Gary Goeree is appointed as the Veterinarian - Alternate on the Dog Designation Appeal Committee for a term to expire November 30, 2000." 12. Special Occasion Permits/Civic Celebration - K-W Oktoberfest "That K-W Oktoberfest, to be held October 6-14, 2000, be proclaimed a period of Civic Celebration; and further, That the City of Kitchener has no objection to a Special Occasion Permit being issued for the Oktoberfest Festhallen to be operated by Kitchener-Waterloo Oktoberfest Inc. during the period of Civic Celebration." 13. Waivinq of Planninq/Buildinq Fees - 106 Trillium Drive It was resolved: "That Council waive the site plan and building permit fees with respect to a proposed addition to the property at 106 Trillium Drive (Chief's Heavy Truck and Collision)." 14. Emer,qency Access - 2727 Kin,qsway Drive (Trinity Villa,qe) Councillor J. Ziegler withdrew his request that Council consider this date the proposed use of a stonedust surface with turf stone edges rather than a 4m wide asphalt surface for the emergency vehicle access to Trinity Village, off of Cedarwoods Drive. 15. Compliance with Restrictions - 301 Shoemaker Street Council was in receipt of Legal Department report LEG-00-053 (J. Shivas), dated September 18, 2000, recommending confirmation that the subject property complies with the restrictions set out in a deed from the City to Pioneer Tool & Die Co. Ltd. It was resolved: "That on September 18, 2000, the property described as Part Lot 3, Registrar's Complied Plan 1478 designated as Part 1 on Registered Plan 58R-5310 and municipally known as 301 Shoemaker Street, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 880443." 16. Compliance with Restrictions - 128 McBrine Place Council was in receipt of Legal Department report LEG-00-054 (J. Shivas), dated September 18, 2000, recommending confirmation that the subject property complies with the restrictions set out in a deed from the City to Gary Jeske, Gary Dietrich, Pat McDaid and Tim Hinsperger. It was resolved: "That on September 18, 2000, the property described as Part Lot 14, Registrar's Compiled Plan 1471 designated as Parts 6 & 25 on Reference Plan 58R-5840 and municipally known as 128 McBrine Place, Kitchener, complied with the restrictions set out in a Schedule to Instrument No. 1020357."