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HomeMy WebLinkAboutCouncil Minutes - 2000-05-23MAY 23, 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 Maria Heemskerk and Dana Vagnar of the King School of Vocal. Mayor C. Zehr extended the City's appreciation for their rendition of the National Anthem and then presented both individuals with Long Service Awards on behalf of City Council and Mrs. King for their participation in the Karing Kids Choir which originates from the King School of Vocal. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held May 8, 2000, and special meetings held May 8 and 15, 2000, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS REFERRED DIRECTLY TO FILE- (1) Letter dated April 26, 2000 from W. Wettlaufer, MPP - Kitchener Centre, acknowledging receipt of Council's April 10, 2000 resolutions concerning the proposed Highway 7 re- alignment. (2) Letters dated May 2 and 8, 2000 from W. Wettlaufer, MPP - Kitchener Centre and T. Arnott, MPP - Waterloo-Wellington, supporting Council's April 17, 2000 endorsement of the Town of Richmond Hill's resolution requesting authority for local Councils to prohibit businesses offering adult entertainment services within the municipality. (3) Letter dated May 3, 2000, from M. Plant, Area Operations Engineer - London (South-western Region), Ministry of Transportation, in response to Council's April 17, 2000 resolution requesting more frequent scheduling of litter and debris pickup along the Conestoga Parkway. (4) Letter dated May 8, 2000, from T. Arnott, MPP - Waterloo-Wellington, in support of Council's proposed six ward configuration. Councillor B. Vrbanovic requested that Council be circulated with copies of the correspondence referenced in Item 2. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation with respect to the tenders listed on the Committee of the Whole agenda. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Tender T00-044, Supply of Meter Bar Assemblies, be awarded to Bryan Donkin RMG Canada Ltd., Woodstock, Ontario at their tendered price of $123,610., plus G.S.T. & P.S.T." - and - "That Tender T00-048 - Tandem Rear Axle Cab & Chassis with a Combination Catchbasin Cleaner, Sewer Cleaner and Jet Rodder be awarded to Joe Johnson Equipment Inc., Barrie, Ontario at their tendered price of $326,837., less trade-in of 1990 Navistar model 4900 with Vactor unit of $75,000., plus optional Air Ride $1,495., Cab Extension $950., G.S.T. and P.S.T. being applicable to the entire amount." - and - "That Tender T00-055, Four (4) Dump Trucks and Snow Plow Equipment, be awarded to Team Truck Centre, Kitchener at their tendered price of $592,732., plus optional Air Ride $345. ea., AM/FM Radio $266. ea., Air Conditioning $859. ea,, G.S.T. and P.S.T." - and - "That Tender T00-046 - Self-Propelled Rotary Mowers be awarded as follows: Item #1 - CKF-309 - three (3) gas powered, self-propelled zero turn ride-on 1,524 mm (60") rotary mowers to G.C. Duke Equipment Ltd., Burlington, Ontario at their tendered price of $29,850., plus G.S.T. and P.S.T. MAY 23, 2000 COUNCIL MINUTES - 270 - CITY OF KITCHENER Item #2 - CKF -302 - one (1) Diesel powered, self propelled 1,524 mm (60") rotary mower to Turf Care Products, Newmarket, Ontario at their tendered price of $14,295.71, with optional four wheel drive $2,376.07, cab enclosure at $3,316.78 and 62" vertical discharge mower $700., with G.S.T. and P.S.T. being applicable to the entire amount." - and - "That Expression of Interest E00-039, Consultant Services AC Mitigation and Cathodic Protection 12" Diameter High Pressure Pipeline, be awarded to Correng Consulting Service Inc., Downsview, Ontario at their estimated fee of $22,738., including G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." - and - "That Tender T00-043, Remedial Work to Duke Street Garage Helix Ramp, be awarded to Road Savers 2000 Ltd., Rexdale, Ontario at their tendered price of $203,200., plus G.S.T." - and - "That Tender T00-052, Golf Cars, be awarded to Club Car Incorporated, Cambridge, Ontario at their tendered price of $97,890., plus G.S.T. & P.S.T." - and - "That Tender T00-041, Ready Mix Concrete, be awarded to Tri City Readymix Ltd., Kitchener at their tendered price of $110,580., plus G.S.T. & P.S.T." Carried. Mayor C. Zehr advised that Ken Seiling, Regional Chair, was unable to attend pertaining to the Trans Canada Trail and indicated that he would be present at a future meeting. Messrs. Victor Labreche, Planning & Engineering Initiatives and Thomas A. Richardson, Sullivan Mahoney, were in attendance in support of Clause 5 of the Planning and Economic Development Committee report pertaining to drive-through facility regulations. Mr. Labreche conveyed this support and advised that they had already been in touch with Planning staff pertaining to further regulations as they relate to the Downtown. Councillor M. Yantzi advised that he was opposed to the Committee recommendation relating to Clause 5 based on the preference the industry expressed for regulation rather than prohibition of Downtown drive-through facilities which he considered to be a more straightforward approach. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That Clause 5 of the Planning and Economic Development Committee report be adopted." Carried. Mr. Steve Walsh and Mrs. Tammy Walsh appeared as a delegation in regard to a recommendation listed under Item B2 of the Committee of the Whole agenda of this date dealing with a Dog Designation Appeal decision. The delegation indicated they did not wish to make a presentation but were in attendance to answer any questions. Moved by Councillor John Smola Seconded by Councillor J. Ziegler "That the April 26, 2000 decision of the Dog Designation Appeal Committee to affirm the Dangerous Dog designation applied to a dog owned by Tammy and Steve Walsh be ratified and confirmed." Carried Unanimously. MAY 23, 2000 COUNCIL MINUTES - 271 - CITY OF KITCHENER Mr. William Labron appeared as a delegation in support of Clause 3 of the Planning and Economic Development Committee report dealing with a zone change at 5 Michael Street. He advised that he did not wish to make a presentation but would answer questions if any. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That Clause 3 of the Planning and Economic Development Committee report be adopted." Carried. Mr. Don Bourgeois appeared as a delegation in support of Clause 3 of the Heritage Kitchener report. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That Clause 3 of the Heritage Kitchener report be adopted." Carried. Councillor B. Vrbanovic congratulated Mr. Bourgeois and his associates who were the only local group to be awarded a Millennium Grant. Mr. John McGraw and Mrs. Catharine McGraw appeared as a delegation in support of a recommendation outlined in Business and Planning Services staff report BPS-00-061. The report deals with exterior property standards and a proposed by-law to effect the outstanding repairs to 124 and 126 Overlea Drive as set out in Property Standard Orders issued in regard to these properties. The delegation indicated that they did not wish to make a presentation. Councillor G. Lorentz commented that there had been problems at 124 Overlea Drive for a few years and that a hole has existed in the roof since the beginning of this year. Mayor C. Zehr clarified that the recommendation would authorize the repairs to be undertaken at 124 Overlea Drive and Mr. B. Stanley indicated that he did not have any information as to whether the work had been done at this time. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Council consider a by-law at its May 23, 2000 meeting authorizing the repairs to 124 and 126 Overlea Drive as set out by the Property Standard Order(s) at the owner's expense, if this has not been done by the owners on or before May 23, 2000." Carried. 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. Clauses 3 and 5 - 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." Carried. MAY 23, 2000 COUNCIL MINUTES - 272 - CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Clause 3 of the report of the Finance and Administration Committee be adopted." Carried. Recorded Pecuniary Interest & Abstention: Councillor M. Yantzi as his employer, Community Justice Initiatives, receives funds from charities. Councillor B. Vrbanovic as he is a member of a board of an organization that would be affected by this decision. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That, excluding Clause 3, the report of the Finance and Administration Committee be adopted." The liquor license application referred to in Clause 2 was discussed and on motion by Councillor J. Ziegler, seconded by Councillor Jake Smola, it was agreed to amend Clause 2 to provide that Council take no action to oppose the liquor license application of Stix and Stones Cool Bar & Hot Grill on the understanding that the applicant was voluntarily agreeing to conditions as outlined in the memorandum dated May 23, 2000 to members of Council from Mr. T. Fox. Councillor T. Galloway noted that Item (e) of the conditions had been revised in that the ratio reference of alcohol to food sales had been changed to alcohol to gross sales. The balance of the report, excluding Clause 3, was voted on clause by clause. Clause 2 - Carried (As Amended) Balance of report - Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener be adopted." Voted on Clause by Clause. Clause 3 - Dealt with under Delegations and Carried. Balance of report - Carried. 5. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee be adopted." It was pointed out that Council was in receipt of Public Works staff report PW-00-007, proposing a revision to the Committee recommendation outlined in Clause 2 of the report dealing with the Carriage Service Contract with Union Gas. On motion by Councillor John Smola, seconded by Councillor B. Vrbanovic, it was agreed to slightly amend the wording of the recommendation as well as the term of the contract from the year 2004 to the year 2005. COUNCIL MINUTES MAY 23,2000 -273- CITY OF KITCHENER Councillor G. Lorentz referred to Clause 6 of the report dealing with the Trail Bike Program and questioned if a telephone number could be made available that members of Council or the public could call to inform of concerns or occurrences on the City's trails. Mr. J. Gazzola advised that staff were in the process of attempting to develop a one telephone number approach that would deal with a number of issues such as this one and also including graffiti and potholes. Mr. E. Kovacs advised that prior to such telephone number being implemented, the Public Works 24- hour dispatch line could handle after-hours calls. The Public Works and Transportation Committee report was then voted on clause by clause. Clause 2 - Carried (As Amended) Balance of report - Carried. Councillor C. Weylie advised that she had previously asked that when Glasgow Street was closed for reconstruction, that the Public Works Department arrange to install appropriate detour signage on adjacent roads, particularly Fischer-Hallman Road and noted such signage had not been erected. Mr. E. Kovacs indicated that he would take this matter under advisement. Councillor B. Vrbanovic noted that a property standards matter in respect to 231 Grand River Boulevard was listed on the Finance and Administration Committee agenda for its May 29, 2000 meeting. At his request, by general consent, it was agreed that any recommendation arising from the Committee's consideration of the staff report in that regard also be listed on the special Council agenda of May 29, 2000, for consideration. Councillor B. Vrbanovic commented on the problems that were being encountered with "raves" in the City of Toronto noting that an item in reference to this subject was in the Council weekend package. He suggested that the City should be proactive in acting to prevent similar problems in Kitchener and in this regard, recommended that staff of Fire, Building and Licensing review the matter with police officials and advise Council how raves should be dealt with. In response to Councillor G. Lorentz, Councillor Vrbanovic noted that there had been some documented occurrences in Kitchener relating to raves. A motion by Councillor B. Vrbanovic, seconded by Councillor T. Galloway, requesting that staff review the "rave" issue and provide advice to Council in this regard was put to a vote and Lost. Councillor T. Galloway commented that it would appear the public was under a misconception with respect to the loss of free use of public schools by community organizations and suggested that a communication plan be developed to explain the school board's actions that have brought this about. He stressed that staff should be asked to consider how to publicize the message that the City did not withdraw from the Reciprocal Use Agreement with the school board. Mr. F. Pizzuto indicated that a mailing had taken place last March to 600 organizations advising of the school board's actions and suggested that staff could now undertake a further mailing to community associations and sports groups to update them. Councillor G. Lorentz stated that it was his hope a meeting could be set up between Council with public school board members with the aim of seeking an understanding of how the board made its decision and investigating if there was any means to assist the board on this matter prior to September 1, 2000. Mayor C. Zehr agreed to arrange a meeting in this regard. Moved by Councillor T. Galloway Seconded by Councillor John Smola "That staff be directed to prepare a communication plan with respect to the Waterloo Region District School Board withdrawing from the Reciprocal Use Agreement with the City and the implications such action has on the City and groups that previously utilized such school facilities." Carried. MAY 23, 2000 COUNCIL MINUTES - 274 - CITY OF KITCHENER Councillor T. Galloway referred to the City's Development Agreement document as it relates to the provision of street trees. He noted that currently it was the responsibility of the developer who generally takes a very long time to fulfill their obligations and accordingly suggested that the City consider taking back control of this matter. Moved by Councillor T. Galloway Seconded by Councillor M. Yantzi "That staff be directed to review the City's standard Development Agreement as it relates to the provision for the planting of street trees with the objective of ensuring that such trees are planted in a timely manner by either setting out a stated installation time in the Development Agreement or having the City take back this responsibility; and further, That staff, in preparing a report on this matter, consult with the Waterloo Region Homebuilders' Association." Carried. Councillor J. Haalboom referred to a bulletin pertaining to the Province's $20 billion Superbuild Program, spanning a five-year period. She noted that a year ago, Council had by resolution, requested heritage structures be given consideration under the Superbuild Program and in this regard emphasized that Council Committees and staff be aware of the opportunity to obtain funding from the Program. Mayor C. Zehr commented that staff were investigating this Program as well as others. Councillor G. Lorentz expressed appreciation for the conduct of the successful fireworks display held in Forest Heights on May 22, 2000, and thanked staff for their participation. Councillor G. Lorentz advised that he has been receiving telephone enquiries because of the inability of staff to cut grass in the City's parks due to the ongoing wet conditions. He questioned if staff were considering an accelerated program to cut grass once the fields were dry. Mr. F. Pizzuto advised that staff would employ overtime to restore playing fields as quickly as possible and if necessary request assistance from Public Works Department staff. Councillor C. Weylie advised that Environmental Awards were being presented in the Council Chamber on June 8, 2000, between 5:30 - 7:00 p.m. She thanked Mr. B. Stanley and staff for their support of this project. Mayor C. Zehr noted that an ali-Councils meeting from within the Region would be held in Kitchener Council Chambers on Thursday, June 8 and Friday, June 9, 2000. Prior to consideration of the by-laws, Council consented to a request from Mr. G. Sosnoski to add four additional by-laws for three readings this date. The first by-law would authorize an Extension Agreement with the owner of 20 Eagen Drive in accordance with the Municipal Tax Sales Act and the three other by-laws would authorize repairs to 124 and 126 Overlea Drive in accordance with a resolution adopted earlier in this meeting. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to provide for the establishing and laying out of part of Wake Robin Drive and Windflower Drive as public highways in the City of Kitchener. (b) Being a by-law to provide for the establishing and laying out of part of Susan Crescent and Zeller Drive as public highways in the City of Kitchener. (c) Being a by-law to amend By-law 85-1, known as the Zoning By-law. (d) To confirm all actions and proceedings of the Council. MAY 23, 2000 COUNCIL MINUTES - 275 - CITY OF KITCHENER (e) Being a by-law to authorize an extension agreement with Renate Bracht, the owner of 20 Eagen Drive, in accordance with the Municipal Tax Sales Act, permitting a further period of time in which the cancellation price may be paid with respect to the tax arrears certificate registered on the title to the lands known municipally as 20 Eagen Drive, Kitchener, on June 10, 1999. (f) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 124 Overlea Drive. (g) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 124 Overlea Drive. (h) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 126 Overlea Drive. 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 B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "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 J. Ziegler Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to provide for the establishing and laying out of part of Wake Robin Drive and Windflower Drive as public highways in the City of Kitchener. (By-law No. 2000-78) (b) Being a by-law to provide for the establishing and laying out of part of Susan Crescent and Zeller Drive as public highways in the City of Kitchener. (By-law No. 2000-79) (c) Being a by-law to amend By-law 85-1, known as the Zoning By-law. (By-law No. 2000-80) (d) To confirm all actions and proceedings of the Council. (By-law No. 2000-81) MAY 23, 2000 COUNCIL MINUTES - 276 - CITY OF KITCHENER (e) Being a by-law to authorize an extension agreement with Renate Bracht, the owner of 20 Eagen Drive, in accordance with the Municipal Tax Sales Act, permitting a further period of time in which the cancellation price may be paid with respect to the tax arrears certificate registered on the title to the lands known municipally as 20 Eagen Drive, Kitchener, on June 10, 1999. (By-law No. 2000-82) (f) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 124 Overlea Drive. (By-law No. 2000-83) (g) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 124 Overlea Drive. (By-law No. 2000-84) (h) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 126 Overlea Drive. (By-law No. 2000-85 be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES MAY 23,2000 -277- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the City accept the Offer to Purchase from Orion Retail Ltd. and Carnivore Inc. for Site 57, Strasburg Road / Shoemaker Street in the Huron Business Park; being Parts 1, 2, 11, 13, 15, 16, 17 and 19 on Reference Plan 58R-5359, together with a right of way for a mutual drive over Parts 3, 10, 12 and 14 on Reference Plan 58R-5359 and subject to a right of way for a mutual drive over Parts 2, 11, 13, and 15 on Reference Plan 58R- 5359. The parcel of land has an approximate area of about 2.83 acres and is being sold at a purchase price of $130,000 per acre for a total purchase price of $367,900.00; and further, That the Mayor and Clerk be hereby authorized to execute any other necessary documentation required by the City Solicitor. That consideration of the request of Dr. Jean Steckle and staff report BPS-00-057 pertaining to Site 132, Mclntyre Drive in Huron Business Park, be deferred to allow Dr. Steckle an opportunity for comprehensive discussion of this matter with staff. That enforcement of the City's Zoning By-law be waived with respect to the sale of music supplies at 5 Michael Street and temporary occupancy be approved subject to the use vacating the location in the event Zone Change Application ZC 00/12/M/JG is not approved; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application. (Dealt with under Delegations and Carried.) 1) That Council approve Municipal Plan Amendment Application MP 00/01/C/BH (Butt, Qureshi and Kanda - 103-105 Courtland Avenue East), being an amendment to: a) Amend Map 12, by changing the designation, from Convenience Commercial to Low Density Commercial Residential, on lands municipally known as 103-105 Courtland Avenue East. It is the opinion of this Committee that approval of this application is proper planning for the City. 2) That Zone Change Application ZC 00/01/C/BH (103-105 Courtland Avenue East - Butt, Qureshi and Kanda) requesting a change in zoning from Convenience Commercial Zone (C-1) to Commercial Residential One Zone (CR-1) with special regulation provision 336R, on lands legally described as Lot 3, Registered Plan 419, be approved in the form shown in the attached "Proposed By-law", dated April 20, 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 00/01/C/BH. 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 (Butt, Qureshi and Kanda - 103-105 Courtland Avenue East) to the City's Municipal Plan. 1) That Zone Change Application ZC 00/20/TC/JW (City-wide - City-initiated), to establish regulations for drive-through facilities which would require compliance with MOEE noise standards, to require a noise study for drive-through facilities within 60 metres of a Residential or Institutional Zone, to make revisions to the regulations of the CR-4 Zone COUNCIL MINUTES MAY 23,2000 -278- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D) 5. 1) (Cont'd) regarding minimum floor space ratio and maximum yards abutting King Street; and to add a requirement for a visual barrier in the C-1 zone, be approved in the form shown in the attached "Proposed By-law", dated April 25, 2000, as revised May 15, 2000, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. 2) That the revised 'Design Brief for Drive-Through Facilities', attached to the May 11, 2000 memorandum from J. Willmer and G. Richardson, be approved by City Council and incorporated into the City's Urban Design Manual to provide clear guidance for the physical development of drive-through facilities, and further, that Section 4.1 of the Urban Design Guidelines, entitled "Drive Through Facilities", be deleted as it is being replaced by the new Design Brief. 3) That as an alternative to a ban on drive-through facilities in the downtown, staff be directed to work with representatives of the convenience food industry with a view to determining if a balanced approach to the issue of drive-through facilities in the downtown could be addressed by regulations. (Dealt with under Delegations and Carried.) COMMUNITY SERVICES COMMITTEE - That fireworks not be permitted on City of Kitchener property, including parks, unless prior permission has been granted by Council. That Council direct staff not to remove the mature Sugar Maple tree located on public property in front of 326 Mill Street, as the tree appears to be in good health and shows no sign of structural problems; and, That the tree be scheduled for pruning to remove limbs clear from the house; and further, That staff of the Departments of Community Services and Public Works be directed to investigate ways to improve the access/egress to the driveway of 326 Mill Street. That the City of Kitchener not charge the Waterloo Region District School Board for use by its students of City facilities operated by the Community Services Department and where such use is not beyond the budgeted operating costs associated with these facilities; and, That the Waterloo Region District School Board be charged cost recovery only where additional staff or services are required beyond the budgeted operating costs of these facilities; and, That with regard to the preceding recommendations the Mayor and Clerk be authorized to execute an agreement with the Waterloo Region District School Board, to the satisfaction of the City Solicitor, to effect the terms and conditions outlined above and these terms and conditions be reviewed on an annual basis; and, That should similar agreements not be ratified by the other 6 area municipalities, the City of Kitchener reserves the right to reconsider its position; and, That the agreement be conditional upon the Waterloo Region District School Board agreeing to re-negotiate the terms of an agreement between the Board and the City for use of the Grand River Arena; and further, That Council express its concerns to the Province of Ontario relative to the need for the Waterloo Region District School Board to charge for community use of schools and the resulting hardship MAY 23, 2000 COUNCIL MINUTES - 279 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) this will have on such groups, as well as the negative impact it will have on the quality of life for residents of the City of Kitchener. That Council approve the proposal as presented by Mr. M. Teppo at the Community Services Committee meeting of May 15, 2000, entitled "Expanded Operations of the Boathouse Tea Room in Victoria Park"; and further, That the Mayor and Clerk be authorized to execute any necessary documentation as required by the City Solicitor to allow Mr. M. Teppo to operate the canoe/paddle boat rentals and concession stand in Victoria Park. That Council forgive the accumulated unfunded deficit in the amount of $139,377.00 of the Kiwanis Club of Twin Cities, as it relates to the maintenance of Kiwanis Park for the years 1996 through 1999, inclusive; and, That based on the existing level of service at Kiwanis Park for the year 2000, an operating over- expenditure in the amount of approximately $30,000.00 for maintenance costs be approved; and, That based on the standard level of service for City parks, an operating budget in the amount of approximately $50,000.00 for maintenance costs be referred to the 2001 Operating Budget process; and, That the preceding recommendations be conditional upon the City of Kitchener being able to negotiate a satisfactory long term agreement with the Kiwanis Club of Twin Cities for the operation of Kiwanis Park; and, That the said agreement reflect the Kiwanis Club of Twin Cities' responsibility for yearly capital improvements and operating costs for the Kiwanis Park pool complex; and further, That the Kiwanis Club of Twin Cities be asked to approach the City of Waterloo for ongoing funding for the operation of the Kiwanis Park pool. That pursuant to Council Policy 1-272, Council approve a one time contribution to the Courtland- Shelley Community Centre in the amount of $1,000.00 for start-up costs for the Courtland-Shelley Community Garden, consisting of an in-kind services grant (delivery top soil, compost, woodchips, rototilling) in the amount of $615.00 and a cash grant in the amount of $385.00; and further, That the Mayor and Clerk be authorized to execute any necessary documentation as required by the City Solicitor to allow the Courtland-Shelley Community Garden to be located on public lands known as Vanier Park. That pursuant to Council Policy 1-272, Council approve a one time contribution to the Doon Pioneer Park Community Gardeners in the amount of $850.00 for start-up costs for the Doon Pioneer Park Community Garden, consisting of an in-kind services grant (delivery compost, woodchips) in the amount of $350.00 and a cash grant in the amount of $500.00; and further, That the Mayor and Clerk be authorized to execute any necessary documentation as required by the City Solicitor to allow the Doon Pioneer Park Community Garden to be located on public lands known as the Doon Pioneer Park Community Centre. That the Memorandum of Understanding between the Bits and Bytes Computer Club and the City of Kitchener, as presented to the Community Services Committee on May 15, 2000, be approved; and further, That the Mayor and Clerk be authorized to execute any necessary documentation as required by the City Solicitor to effect the Memorandum of Understanding. COUNCIL MINUTES MAY 23,2000 -280- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COMMUNITY SERVICES COMMITTEE - (CONT'D) That the Parks and Recreation Advisory Committee be renamed the Community Services Advisory Committee. 10. That Council approve the provision of funding from additional golf course capital-out-of-current provisions for the current year for the purchase of 22 golf cars, with $58,255.00 to be allocated to the Doon Valley Golf Course and $47,466.00 to be allocated to the Rockway Golf Course. FINANCE AND ADMINISTRATION COMMITTEE - That the request of Habitat for Humanity for a grant of $10,721.74 which represents the amount equal to the municipal development charges for the following three projects: 382 Brembel Crescent, 233 Wilderness Drive and 6 Bush Clover Crescent, be approved. That Council take no action to oppose the Liquor Licence Application of Stix and Stones Cool Bar & Hot Grill, 238-246 King Street East, Kitchener, on the understanding the applicant will request that the Alcohol and Gaming Commission attach to the license the agreed to conditions outlined in the memorandum of T. Fox, dated May 23, 2000 (As Amended) That Council grant the request of Mr. M. Rausch (Charities Bingo Association) and Mr. J. Facey (Bingo Country) that bingo licence fees for the period May 1 to August 31, 2000, be reduced to $1.00. That Mr. David Heil be appointed to the Waterloo Regional Airport Noise Management Committee to complete the unexpired term resulting from the resignation of John Martin, said term to expire November 30, 2000; and further, That Mr. Robert McGuffin be appointed an alternate to the Waterloo Regional Airport Noise Management Committee for a term to expire November 30, 2000. That the Regional Pride Committee of Waterloo Wellington be granted an exemption from the City's Noise By-law from noon hour to 7:00 p.m. on Saturday, June 17, 2000 as part of their Pride Celebrations to be held in Victoria Park. That effective June 1, 2000, the City of Kitchener increase its mileage rate from $0.33 per kilometre to $0.35 per kilometre plus an additional $0.02 per kilometre allowance to reflect the increasing cost of operating a vehicle, with $0.02 allowance being reviewed by Council in September 2000. That Council approve and authorize the use of the City Equipment Rental Agreement and City Equipment Use Licence as pre-approved contracts to be used when City equipment is being rented or loaned for use, respectively. That funding to an upset limited of $20,000 be allocated from capital contingency to repair the heating and cooling coils and the condenser required for heating, cooling and refrigeration at the Kitchener Farmers' Market. HERITAGE KITCHENER- That the application of KOR Gallery and Studio for approval of a sign/sculpture for the lands municipally known as 79 Joseph Street, be approved, subject to: 1) The sign be located in front of the existing addition as shown on the plans filed with staff by John de Boer. 2) That the sculpture be located within the two existing metals posts in front of the addition as shown on the plans submitted to staff by John de Boer. MAY 23, 2000 COUNCIL MINUTES - 281 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER- (CONT'D) 1. (Cont'd) 3) That the applicant obtain the necessary sign permit. 2. That Heritage Kitchener agree that the following matters be excluded from the Heritage Easement Agreement for the lands municipally known as 5 Michael Street: · loading dockarea · cinder block addition · hot water radiators · elevator · 3rd window from the left on the Michael Street elevation · brick chimney above 8-10 feet above the roofline only · basement floor area: and further, That the Legal Department be directed to prepare the necessary heritage easement agreement. That the Alteration Application for 122 Frederick Street (former Registry Building), be approved, subject to the following: That Option "B" as shown on the plans filed with this application be approved, as the roof location of the HVAC unit and that the applicant limit the height of the HVAC unit to approximately 6' above the roof. Further that the applicant consider alternatives to screen and/or paint the HVAC unit and report back to the Committee. 2) That the renovations to the vestibule in providing two openings in the foyer wall to access the lobby and lift including necessary modifications to the marble and terrazzo be approved. 3) That a disabled lift with internal vestibule on the side of the building with either a single or double glazed entrance door be approved. Further that the applicant provide additional plans showing a single glazed door and double glazed door option and that a sub- committee of Heritage Kitchener establish which of the two options will be implemented. 4) That an emergency exit/loading dock addition provided at the rear of the existing building be approved with a preferred design combining the loading dock and emergency exit into one access door with a stepped down stairwell roof, thereby avoiding the need to encroach on some of the windows. Further, that in the event this preferred design does not meet Building Code requirements, that an alternative design separating the loading dock and emergency exit access doors as originally proposed by the architect, but maintaining a stepped down stairwell roof design, be approved. (Dealt with under Delegations and Carried.) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That City staff be directed to work with representatives of the People's Car Co-operative to research the viability of the City of Kitchener's involvement in their car-sharing proposal; and further, That a report be prepared and presented for consideration at a future Environmental Committee meeting, prior to further consideration by City Council. That the Mayor and Clerk be authorized to execute the Carriage Service Contract between the City of Kitchener and Union Gas Ltd., dated April 1, 2000, for the purposes of natural gas delivery to the City through to the year 2005. (As Amended) COUNCIL MINUTES MAY 23,2000 -282- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That staff of the Department of Public Works investigate the condition of curb lanes along the cycling route specified by Mr. Ron Wychers in his presentation to the Public Works and Transportation Committee on May 15, 2000, in the area of King Street West, from Queen Street easterly to Water Street, and that the same be done with regard to designated cycling routes throughout the municipality, and schedule any necessary repairs. That the City of Kitchener enter into a Cross Border Sewage and Water Agreement, dated June 1, 2000, with the City of Waterloo, for the transfer of sewage and water between the Bridgeport North Community in Kitchener and Lexington Avenue East Community in Waterloo; and further, That the Mayor and Clerk be authorized to execute any necessary documentation, as required by the City Solicitor to effect the Cross Border Sewage and Water Agreement. That Habitat for Humanity Waterloo Region and its Contractor(s) be exempt from the provisions of Article 6 (Construction Work) of Chapter 450 (Noise) of the City of Kitchener Municipal Code between the hours of 7:00 p.m. to 9:00 p.m., for the period July 2 to September 30, 2000, during the construction of three (3) single family homes located on Brembel Court, Wilderness Drive and Bush Clover Crescent. That the Trail Bike Program be expanded by one person to permit three bikes to patrol City trails and parks from May 1 to October 9, 2000; and that an over-expenditure of no more than $21,000. be approved. That parking be permitted on the west side of Belmont Lane East for a maximum period of 30 consecutive minutes, from a point 22 m north of Belmont Avenue West to a point 27 m north thereof; and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES MAY 23,2000 -283- CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licences i) Permanent Vendor It was resolved: "That Sheila Hewson be granted a Permanent Vendor Licence for a business to be operated at 324 Forest Hill Drive under the name Devco Specification Sales and Marketing." ii) Massagist Licence - New It was resolved: "That Heather Burton, employed at 1412 Victoria Street North, Kitchener, be granted a Massagist Licence for the year 2000." 2. Do,q Desi,qnation Appeal Decision This item was dealt with under Delegations. 3. Various Tenders The tenders were dealt with under Delegations. 4. Play,qround Equipment Replacement The Committee considered staff report CSD-00-022, dated May 17, 2000, from the Community Services Department, dealing with a playground replacement/retrofit program. It was noted in the report that staff have reviewed 114 playgrounds and recommend a playground replacement and retrofit program be undertaken this spring and summer to meet Canadian Standards Association (CSA) standards for children's playspaces. Councillor T. Galloway suggested that the public notice of this program and any signage in that regard should include reference to the requirement to meet CSA standards and that staff, in such notices, exercise caution with respect to any promises that replacement would be quick because of the large demand suppliers would be faced with from many municipalities. Mr. F. Pizzuto provided the Committee with an overview of the proposed undertaking and indicated that staff would address the timeline replacement issue after comprehensive discussions with suppliers and would then develop a replacement schedule. It was requested that the requirements of the City's Purchasing By-law be waived in order to undertake this urgent program. It was resolved: "That a playground replacement and retrofit program be undertaken this spring and summer to ensure that City playgrounds meet CAN/CSA standards for children's playspaces; and, COUNCIL MINUTES MAY 23,2000 -284- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Pla¥.qround Equipment Replacement - (Cont'd) That staff be directed to advise the public on the rationale, scope and plan for playground replacements scheduled for this spring and summer; and, That funding of $425,000. for the program be provided in the year 2000, as follows: $220,000. (Capital Contingency); $205,000. (Reallocation of existing year 2000 funding); and further, That the Chief Administrator be authorized to waive the requirements of the City's Purchasing By-law." 5. Block Party - Kid Koala It was resolved: "That the Mayor and Clerk be authorized to execute the Kid Koala (DJ FOOD, strictly KEV) contract in the amount of $3,750.00 U.S. for the BLOCK PARTY to be held on June 2, 2000, at Kitchener Civic Square." 6. Massaqist Licence The Committee considered staff report CRPS-00-012, dated May 19, 2000, from the Manager of Licensing. It was resolved: "That Stephanie Byfield, employed at 2271 Kingsway Drive, Kitchener, be granted a Massagist Licence for the year 2000." 7. Lottery Licence - Rotary Dream Home The Committee was in receipt of staff report CRPS-00-007, dated May 18, 2000, from the Manager of Licensing. The report deals with a request relative to a Dream Home Raffle Lottery. Councillor J. Haalboom commented that residents of the Wyldwoods development were of the understanding that the last dream home that was constructed was to be the last one for their area. She noted that it did not appear any dialogue had taken place with the local residents relative to the proposal and suggested the request be deferred for two weeks to allow for notification and discussion. Mayor C. Zehr indicated that conditions similar to those approved in 1999 could be attached to the staff recommendation in order to deal with any traffic issues. Mayor C. Zehr introduced a motion to conditionally endorse the request. Councillor J. Haalboom subsequently introduced a motion to defer the matter for two weeks which was put to a vote and Lost. The main motion of Mayor C. Zehr was then voted on. It was resolved: "That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to The Rotary Club of Kitchener-Conestoga, 153 Frederick Street, Kitchener, Ontario, N2H 2M2, to conduct a 'Dream Home' Raffle Lottery on January 27, 2001, at 4 Autumn Ridge Trail, in the City of Kitchener, which will also include a series of 'Early Bird' draws; and, COUNCIL MINUTES MAY 23,2000 -285- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Lottery Licence - (Cont'd) That staff, in consultation with the applicant, area residents and Police, develop appropriate parking prohibitions in the area of Autumn Ridge Trail, seven days a week, from 10:00 a.m. to 8:00 p.m., for a temporary period beginning September 16, 2000 through January 27, 2001; and further, That the Uniform Traffic By-law be amended accordingly." 8. Refreshment Stand The Committee was in receipt of staff report CRPS-00-011, dated May 18, 2000, from the Manager of Licensing. It was resolved: "That the Kitchener-Waterloo Career Connections be granted permission to operate a refreshment stand, at Kitchener City Hall, on June 7, 2000, provided that the necessary Fire and Health approvals and Licence are obtained; and further, That the nominal fee of $10.00 be applicable." 9. Offer to Sell - 1340418 Ontario Inc. - Washburn Drive The Committee considered staff report LEG-00-007, dated May 23, 2000, from the City Solicitor. It was resolved: "That the City accept the Offer to Sell dated May 19, 2000, from 1340418 Ontario Inc. to repurchase Parts 2, 3, 4, 5 and 7 on Reference Plan 58R-11564 being vacant lands on Washburn Drive, Kitchener; and further, That the Mayor and Clerk be authorized to execute any documents, satisfactory to the City Solicitor, that may be required to finalize the transaction." 10. Noise By-law Exemption - Partnership Walk 2000 The Committee considered a written request from Mina Shamji, Convenor - Partnership Walk 2000, dated May 19, 2000, for a noise by-law exemption in regard to the upcoming event. It was resolved: "That the Partnership Walk 2000 be granted an exemption from Chapter 450 (Noise) of the City of Kitchener Municipal Code for an event to be held in Victoria Park on Sunday, May 28, 2000, between 9:30 a.m. and 3:30 p.m." 11. A.qreement to Permit Monitorinq Wells to be Drilled on City Streets The Committee was in receipt of staff report LEG-00-008, dated May 23, 2000, from L. MacDonald. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with William H. Kaufman Inc. to permit the construction of monitoring wells on the Waterloo Street and Breithaupt Street road allowances as part of a Phase 2 Environmental Assessment being conducted for Kaufman Footwear."