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Home My WebLink AboutCouncil Minutes - 1998-02-02COUNCIL\1998-02-02 FEBRUARY 2, 1998 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 the Jubilation Male Chorus under the direction of Mr. Jake Willms. Mayor C. Zehr thanked the group for their rendition of the National Anthem. Councillor C. Weylie introduced the 10th Waterloo Scout Troop and their leaders who were in attendance this date. On motion by Councillor J. Ziegler, the minutes of the regular meeting held on January 19, 1998 and special meetings held on January 19 and 26, 1998, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS - N I L Mayor C. Zehr presented a Certificate of Appreciation to Mr. Bruce Antonello, President of the Rotary Club of Kitchener-Conestoga; and to Mr. Chuck Greb, Chair of the Board of Community Resource Village. The certificate commemorates the dedication and grand opening of the Community Resource Village. Mr. B. Antonello expressed appreciation in respect to the award and noted that the Club has been fundraising for twelve years in aid of community organizations. Mr. C. Greb commented on development of the Rotary Community Resource Village, volunteerism and partnerships and the necessity to embrace opportunities for change. He did note that it has been difficult to convince the public that the Village was a partnership of various organizations that he listed. As well, he pointed out that the project did not receive any public sector funding. Ms. Fran Rider, Executive Director, Ontario Women's Hockey Association and Chair of the 1997 World Women's Hockey Championships, appeared as a delegation along with Mr. Doug Reddon, Chair of the Steering Committee for the 1997 World Championships and father of Ms. Lesley Reddon, Team Canada Goalie participating in the 1998 Winter Olympics. Ms. Rider commented on the highly successful hosting Kitchener provided for the 1997 World Hockey Championships and pointed out that in every article referring to National Women's Teams, the City of Kitchener was mentioned. She stated that she wished to take a City of Kitchener flag to Japan to present to the Canadian Women's Olympic Hockey Team and in this regard, requested that members of City Council add their signatures to those already on the flag. The City flag was circulated among Council and returned to Ms. Rider to take to Japan. Ms. J. Jantzi appeared as a delegation to formally advise that the City of Kitchener had won two Economic Development Awards at the Annual Conference Economic Developers Council of Ontario (EDCO). The two awards are for "Excellence" in economic development marketing material. She advised that the City's first entry, the 1996 Annual Report was awarded a second prize in the category of "Special Purpose Brochure". The second entry, a four colour print advertisement was awarded a second prize in the category of "Colour Print Advertisement" at the conference. A news release dated February 2, 1998 was circulated with the material to members of Council. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That tender T97-66, Refrigeration Upgrades - Kitchener Farmers' Market, be awarded to Action Air Conditioning, Waterloo at their tendered price of $83,775., plus G.S.T." -and- "That tender T97-128, Fall Arrest System, be awarded to Hi Tek Development, London at their tendered price of $70,290., plus G.S.T." -and- "That tender T97-141, Tire Recapping, be awarded to Hespeler Retreading, Cambridge at their tendered price of $56,129.30/year, plus P.S.T. and G.S.T." Carried. FEBRUARY ~, 1998 COUNCIL MINUTES - CITY OF KITCHENER Mr. Steve Grant appeared as a delegation on behalf of Transfers Restaurant Inc. in regard to clause 1 of the report of the Finance and Administration Committee arising from its January 26 meeting. Mr. Grant referred to a memorandum dated February 2, 1998 circulated to members of Council by Ms. D. Arnold, Assistant City Solicitor, dealing with the negotiation of a new lease for the Transfers Restaurant located in the Transit Centre and advised that he was in agreement with the recommendation contained in the memorandum. Further, Mr. Grant circulated an estimate of renovation costs within the facility that had been referenced in the January 26 Committee discussion. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Clause #1 of the report of the Finance and Administration Committee of this date be amended by replacing the January 26 Committee recommendation with the following revised recommendation: 'That the Mayor and Clerk be authorized to sign a lease with Transfers Restaurant Inc. substantially in the form of the draft lease dated January 1, 1998 tabled at the meeting of the Finance and Administration meeting of January 26, 1998 and as satisfactory to the City Solicitor, with such lease to provide for a minimum rent of $10 per square foot per annum for the first 5 years of the lease and increasing in each year thereafter in an amount equal to the greater of the change in the Consumer Price Index or 2%, provided that in no case will such rent increase more than 5% in any one year over the previous year."' Carried. Mayor C. Zehr pointed out that representatives from the Cora Group were in attendance with respect to Clause #3 of the Finance and Administration Committee report of this date. It was noted that members of Council had been circulated with Planning and Development staff report PD 98/16 dated January 29, 1998 which provides a cost benefit analysis of the AMC Theatres of Canada Inc. development proposal for a 24-theatre complex in Market Square. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Clause #3 of the report of the Finance and Administration Committee of this date be adopted including an amendment to refer to the parking structure containing 'a minimum of' 270 parking spaces." Councillor J. Ziegler stated that he was in favour of the project but requested that the issue of the new parking structure at Charles/Benton Streets be dealt with separately. Councillor T. Galloway referred to the nominal $1 entrance fee after 6 p.m. for City parking facilities and questioned if it was intended that this change in fee take place at the time of legal commitment regarding the project or at the opening of the theatre complex. Mr. D. Snow referring to the cost benefit analysis advised that the City could move to the $1 fee now and pointed out that there was a cost of conversion of equipment that must be taken into account. Councillor Galloway stated that he did not think it was necessary to make changes to the fee structure until the theatre complex opens and in this regard proposed a friendly amendment that was accepted by the Mover and Seconder of the motion to provide that 'effective no later than the opening date of the theatre complex' the change in fee structure be implemented. Councillor T. Galloway also expressed concern with regard to the commitment to build the parking structure for completion in the Spring of 2000 and suggested that the completion date should be specified differently. In this regard, Councillor T. Galloway proposed a friendly amendment that was accepted by the Mover and Seconder of the motion to provide that the parking structure be scheduled for completion 'no later than the opening date of the theatre complex'. Councillor J. Haalboom advised that she had raised a number of questions regarding the cost benefit analysis of the AMC development proposal which were outlined in e-mail correspondence directed to Planning staff and circulated to members of Council. Ms. S. Frenette advised that staff had met to address some of the financial questions raised in Councillor Haalboom's memo. She stated that staff had reviewed the figures and were comfortable with a cost of $15,000 per parking space in the Benton/Charles garage. She commented on loan interest rate costs, land value and noted that philosophically the City has undertaken to provide parking for downtown FEBRUARY 9, 1998 COUNCIL MINUTES - CITY OF KITCHENER businesses since the 1950's. As well, she pointed out that both the Walper Hotel and the Sheridan Four Points Hotel have requested that development of the parking structure at Benton/Charles be accelerated. In response to further questioning, Mr. J. Gazzola advised that for many years the City of Kitchener managed its parking facilities as an enterprise and that there was a period of time when it made money. However, when Council changed its philosophy with regard to parking, directing that parking be a core service and reduced parking rates, it could no longer be expected that the service would pay for itself. He indicated that according to current plans, the proposed parking structure would meet the City's needs for approximately 5 to 7 years. Councillor Jake Smola commented that AMC Theatres of Canada was benefitting both in reduced downtown real estate prices and also by not having to provide for parking should it have developed in a suburban area. Councillor J. Ziegler stated that he supported the development but did not support a rigid commitment for the parking structure within two years as it was his view the issue should be dealt with in consideration of existing municipal budget situations anticipated over the next few years. In reference to moving the parking structure ahead two years, Mr. J. Gazzola advised that the impact was the cost of interest on the monies required to develop the garage two years earlier. Councillor J. Ziegler stated that he objected to the commitment to tie the parking garage to a particular development as well as to the fact that specified construction inhibits the ability of Council to manage its finances. In reference to the future parking structure, Councillor B. Vrbanovic requested that staff fully investigate automated equipment for entry/exit as a cost saving measure in terms of wages and fringe benefits of an on-site cashier. He also suggested that the parking structure be the subject of discussions with officials of Oktoberfest Inc. as they were somewhat affected by the proposed location. In regard to the cost of the structure, Ms. P. Houston advised that Council could shift other capital projects back within the Capital Budge-t to avoid issuing debt for the structure. The motion of Councillor J. Ziegler to adopt Clause #3 of the report, including the two friendly amendments accepted this date, was then put to a recorded vote and dealt with in two parts. All of Clause #3 excepting the issue of the $6.2 million parking structure cost was put to a recorded vote and Carried Unanimously. The remainder of Clause #3 dealing with the $6.2 million cost of the parking structure was put to a recorded vote. In Favour: Mayor C. Zehr and Councillors T. Galloway, K. Taylor-Harrison, M. Yantzi, C. Weylie, Jake Smola, John Smola, B. Vrbanovic and G. Lorentz. Contra: Councillors J. Haalboom and J. Ziegler. Motion Carried. Councillor B. Vrbanovic suggestion regarding automated entry to the parking structure and Oktoberfest involvement was then dealt with. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That staff be directed to ensure that an automated vehicular entry/exit system is considered as part of the development proposal for the parking garage structure at Benton/Charles Streets and that discussions be undertaken with officials of Oktoberfest Inc. as to how its operations could be integrated into this facility." Carried. Councillor J. Ziegler advised that Mr. P. Gagliano was in attendance regarding Clause #5 of the Finance and Administration Committee report of this date. Councillor Ziegler indicated that staff report PD 98/12 was previously circulated regarding this matter and recommended that no action be taken on the request of Mr. Gagliano to be exempted from the City's development charge ($2,700) payable as a result of an addition to his residential building at 295 Connaught Street to create an additional residential unit. Councillor Ziegler stated that it was his opinion the addition to the residence was a simple expansion of only 400 square feet and that a $5,300 City and Regional development charge was excessive. Accordingly, he asked the City to reduce its share. FEBRUARY ~, 1998 COUNCIL MINUTES - 90- CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Clause #5 of the report of the Finance and Administration Committee of this date be amended by replacing the January 26 Committee recommendation with the following revised recommendation: 'That we approve a grant in favour of Mr. Pietro Gagliano in the amount of $1,350, being half of the City's $2,700 development charge payable as a result of an addition to his residential building at 295 Connaught Street to create an additional residential unit."' Councillor T. Galloway suggested that to reduce the charge was a dangerous precedent and Councillor C. Weylie stated that she was opposed to any reduction and requested a recorded vote on Councillor Ziegler's motion. Councillor M. Yantzi was of the view that the property owner was being penalized for creating a second unit and suggested that the City's fee structure for development charges should take account of this kind of situation. Councillor J. Ziegler maintained that the additional dwelling space was not utilizing full services and in effect was only an enhanced renovation to the existing property. In response to Councillor Jake Smola who raised the question regarding the issue of incentives, Councillor T. Galloway stated that the City has incentives and the development charges by-law has been amended to reflect these but development charge requests have not been dealt with on an ad hoc basis. He recommended that, if necessary, the City change the development charge by-law rather than approve grants to reduce the effect of the development charges. Councillor J. Ziegler's motion was then put to a recorded vote. In Favour: Mayor C. Zehr and Councillors J. Haalboom, K. Taylor-Harrison, M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, J. Ziegler and G. Lorentz. Contra: Councillors T. Galloway and C. Weylie. Motion Carried. Fire Chief J. Hancock advised that he wished to provide Council with information in response to a number of articles presented by the media with regard to the impact of the 1987 Horticultural Technologies fire on the health of Kitchener firefighters and other emergency response officials who were at the scene of that fire. Firstly, he noted that given the technology today, most commercial and industrial fires have a hazardous chemical component and the Fire Department has established a special unit to address the situation and has a monitoring unit as well. He referred to studies of the 1987 fire that were undertaken in 1991 and 1993 with the result being that there was no conclusive relationship between the hazards of that fire and the health of emergency response staff who were at the scene. He advised that with Council's approval, the Fire Department wishes to explore a number of details and options with the Firefighters Association in regard to this matter and Council had no objection to such initiative. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Concerns were raised in regard to a letter received from Mr. J. Shivas, City Solicitor, addressing Clause #4 of the report. Mr. J. Shivas commented that no professional client relationship should be developed with persons involved in the development or redevelopment of properties. He suggested Council may wish to defer this item to consider the matter in conjunction with the one stop shopping issue in order that this matter could be considered in that context. Councillor B. Vrbanovic commented that the intent of the recommendation in staff report PD 98/7 was to establish a process to deal with adaptive re-use and that he did not think the City was being put in any jeopardy. Councillor J. Ziegler stated that he was in agreement with the points raised by Mr. Shivas in his correspondence and noted that private practicing planners have their own insurance to deal with the matter of advice flowing from their professional relationship. He then provided further comments on the points raised in Mr. Shivas' letter. Mr. T. McCabe commented that he saw the matter as contained in PD 98/7 as totally separate from the one stop shopping issue. A motion by Councillor Jake Smola to defer Clause #4 and refer it back to the Planning and Economic FEBRUARY ~, 1998 COUNCIL MINUTES - CITY OF KITCHENER Development Committee was voted on and Lost. A lengthy discussion followed regarding the roles foreseen of planners within staff report PD 98/7 as compared to that outlined in the letter from Mr. J. Shivas. Councillor Jake Smola suggested that the role envisaged by planners to promote adaptive re-use sites in the downtown was not any different than what has been undertaken for two years by the Downtown Development Team and Mr. J. Shivas commented that he was not fully aware of the Downtown Development Team activities. On motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, it was agreed to amend Clause #4 to outline the role of City planning staff by combining aspects of detail contained in staff report PD 98/7 with that contained in the letter from Mr. J. Shivas and agreed to this date. Councillor B. Vrbanovic referred to Clause #3 of the report and pointed out that it had been suggested a presentation be made at Council for the viewing audience. Mr. T. McCabe advised that the CD Rom promotion package was not in complete finished form and staff would prefer to make a presentation at a later date. In this regard, he was advised that staff were investigating options to convey this information to the public including arranging for a special showing by Rogers Cablesystem. Councillor T. Galloway questioned what would happen with the information contained in staff report PD 98/3 and also questioned what payback value was anticipated. Mr. T. McCabe responded that staff wish to undertake an assessment of what the data means as it relates to the operations of other City departments and noted that at this time staff could not analyse the information. Councillor Galloway recommended that the second part of the recommendation should be deferred pending receipt of analysis. Mr. J. Jantzi confirmed that on a daily basis staff were in receipt of business enquiry regarding population trends in specific areas of the City. Councillor Jake Smola commented that he had difficulty with the amount of time that would appear to have been spent to complete the report and a lack of definition of future objectives and estimated time requirements to engage in further reports. On motion by Councillor T. Galloway, seconded by Councillor G. Lorentz, it was agreed to amend Clause #3 of the report by deleting the second part and in its place instruct staff to study the results of this report to clarify how the information might be utilized. The report was then put to a vote. Voted on clause by clause. Clauses #3 & #4 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of this date be adopted." Councillor J. Ziegler suggested that Clause #9 of the report concerning an advertisement in the 125th Anniversary Publication of the Concordia Club reflect information other than simply congratulations. On motion by Councillor J. Ziegler, seconded by Councillor John Smola, it was agreed to amend Clause #9 to provide that the content include City promotional information in addition to a congratulatory message. The report was then put to a vote. Voted on Clause by Clause. Clauses #1, 3 & 5 - Dealt with under Delegations and Carried, As Amended. Clause #9 - Carried, As Amended. COUNCIL MINUTES FEBRUARY ~, 1998 CITY OF KITCHENER Balance of Report - Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (LACAC) of this date be adopted." Councillor T. Galloway referred to clause #2 of the report and stated that it was his hope the delay with regard to 108 Queen Street N would facilitate adaptive re-use for the property. The report was then put to a vote and Carried. Councillor J. Haalboom advised that in conjunction with Heritage Week, February 16-21, a heritage bus tour had been scheduled on February 21 from 9:30 a.m. to 1:00 p.m. and would conclude with luncheon at the Walper Hotel. Councillor J. Haalboom advised that Community Heritage Ontario which is the umbrella organization for all Provincial Local Architectural Conservation Advisory Committees will be holding its annual conference at Kitchener City Hall from May 29-31, 1998. Councillor Jake Smola pointed out that the 125 Anniversary logo of the Royal Canadian Mounted Police had been inscribed on the City Hall Skating Rink following his obtaining permission to use their official logo. In reference to the issue of messages on the ice surface, Councillor Jake Smola suggested a process be developed to have Heritage Kitchener consider Iogos in future and make recommendations in this regard. It was agreed that Heritage Kitchener would take this under advisement. Councillor Jake Smola referred to the Waterloo Regional Airport and the business plan for the airport. In this regard, he was of the view that an Economic Impact Study should be completed in 1998 before any future development options are considered. Some discussion took place and Councillor T. Galloway commented on the complexity of the issue and noted that Regional Council was about to commence dealing with the matter. He suggested that it would be premature to take a City position on the matter at this time and Mayor C. Zehr pointed out that any concerns would be effectively voiced by representatives at Regional Engineering Committee. Councillor Jake Smola indicated that depending on the outcome of Regional consideration, he may ask that this matter be itemized as an agenda issue for discussion at the February 9 Planning and Economic Development Committee meeting. Councillor B. Vrbanovic made reference to the report dated February 2, 1998 from the Department of Finance providing an update with regard to the tax administration component of the Tax Administration/Utility Management System, the new tax bills and procedures. Councillor B. Vrbanovic extended compliments on how the recent vehicular fire in the garage at City Hall was handled in such a professional manner by all staff concerned. Councillor T. Galloway referred to the Strategic Plan for the Cemeteries Division of the Parks & Recreation Department and noted that the issue of marketing was a matter that Council should address in the future. In this regard, he pointed out that the Cemetery business had been the subject of a televised report on the show 60 Minutes and asked if staff could acquire a copy of that segment of the program. Councillor Jake Smola advised that he had seen the program which dealt with multi-national operation within the funeral home industry and pointed out that the costing information referred to in the program was interesting. He suggested that written transcripts of the program should be available. Mayor C. Zehr advised that the third in a series of public forums on health will be held on February 12, 1998 from 7:30 to 10 p.m. in the Preston Auditorium. Councillor G. Lorentz raised two questions both of which he requested that Council be provided with a report through Mr. J. Gazzola. Firstly, in regard to the City Hall Skating Rink, he questioned who had been selecting the Iogos and what process, if any, had been followed. Secondly, he referred to the City's Home Page and questioned who decides what pictures or information would be included. Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That leave be given the Mover and Seconder to introduce the following by-laws, namely: FEBRUARY ~, 1998 COUNCIL MINUTES - 93- CITY OF KITCHENER (a) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 6. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "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 G. Lorentz Seconded by Councillor John Smola "That the by-laws listed on the agenda for third reading, namely: (a) To confirm all actions and proceedings of the Council Carried. (By-law No. 98-13) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That the City accept, and the Mayor and Clerk execute an Offer to Purchase dated January 9th, 1998 submitted by Stephen McNaney with respect to Part 4 of Reference Plan 58R-9683 of Site 152 in Phase III of the Huron Business Park for a total purchase price of $92,250.00 based on 1.23 acres at $75,000 per acre; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. The Department of Planning and Development recommends: 1 Subject to the changes recommended in Sections 2 and 3 below, Council approve the attached 1998 - Post 1999 Staging of Development Report dated December 16, 1997. Further, that all additional requests received for advancement in the Municipal Draft Plan Approval date or 1998 Priority not be supported. 2) That the following requests be advanced in the Staging of Development Report: (a) That the request from Norris-Sternberg be supported such that Parcel #19 be advanced from 1999 to Draft Plan Approval 1998 C. (b) That the request from Ivan Biuk Construction Limited be supported such that Parcel #55 be advanced from 1999 to Draft Plan Approval 1998 C. 3) That the text changes for the following land parcels in the Staging of Development Report be approved: (a) Parcel #17 - Activa Development That reference to the Servicing Comment pertaining to the requirement for the construction of Fischer-Hallman Road beyond a certain amount of units be revised to read as follows: "Will require the construction of Fischer-Hallman Road for future stages beyond 160 units." (b) Parcel #19 - Norris/Sternberq That reference to the potential residential unit count be revised to show 75-142 singles and semi-detached as well as 138-158 townhouses for a total range from 213 to 300 units. (c) Parcel #31 - Activa Holdinqs Inc. Parcel #33 - 673099 Ontario Limited That reference to the Servicing Comments pertaining to water supply be revised as follows: "Watermain oversizing along Huron Road to be considered in conjunction with the Development Charge By-law Review during 1998-99." (d) Parcel #H - Activa Holdinqs Inc. That the following sentence be added to the Timing Comments: "This parcel may be processed by way of a consent rather than by plan of subdivision." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) Cont'd (e) Parcel #60 - JHS Properties That reference to the comment pertaining to the watermain oversizing out of Development Charge be deleted. FEBRUARY ~, 1998 COUNCIL MINUTES - CITY OF KITCHENER COUNCIL MINUTES FEBRUARY ~, 1998 - 95- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (f) Parcel #101 - 717927 Ontario Limited That reference to the second sentence in the Timing Comments pertaining to the requirement of site decontamination be revised to read: "Due to the former industrial uses of this property, compliance with the 1996 Guideline for Use at Contaminated Sites in Ontario is required." (g) Parcels #32, 33, 56, 57, 58, 59, 60, 77, 78, 79, 82, 83, 84, 93, 94, 95, 97, 98, 99 & 100 -Fire Department Response That the following sentence be added to the Timing Comments: "A condition will be included in the subdivision agreement requiring that a Direct-to4ire Monitoring System be installed in all residential units." That Council receive for information the report entitled "City of Kitchener Demographic Trends", attached to Planning & Development Staff Report PD 98/3; and further, That Council instruct staff to study the results of this report to clarify how the information might be utilized. (As Amended) That Council receive Planning & Development Staff Report PD 98/7 as information on the status of the marketing approach taken by the Department of Planning and Development to promote Adaptive Re-Use Sites and the Downtown and approve the following strategy as to the role of City Planning staff: (1) be the departmental representative and key City contact with the owner and their representatives; (2) to be the departmental expert on facts known by the department relating to a particular site, including its history, permitted land use and development potential under existing City by- laws and the Municipal Plan; (3) advise the owner on the wide range of land use opportunities, and public sector funding which could be utilized; and (4) be available to work with the owners to facilitate and expedite, where possible, required approvals. (As Amended) That Hans Pottkamper be appointed Chair and Councillor Mark Yantzi, Vice-Chair, of the Adaptive Re-use Committee; and further, That the present Mandate for the Adaptive Re-use Committee, as approved by Council on June 26, 1996, be expanded to include: "setting directions for enhanced and aggressive marketing techniques for the City's Adaptive Re- use program." COMMUNITY SERVICES COMMITTEE - That a purchase/commission, in the amount of $5,000.00, be made from Mr. Downey, the 1997 Artist in Residence, for installation on the Rotunda level, in the area on the wood panel wall between the Public Information Counter and the elevator, and further, That the work be executed in oil on canvas, and further, FEBRUARY ~, 1998 COUNCIL MINUTES - CITY OF KITCHENER COUNCIL MINUTES FEBRUARY ~, 1998 - 96- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the purchase/commission price of $5,000.00 be paid from the Public Art Trust Fund. FINANCE AND ADMINISTRATION COMMITTEE - That the Mayor and Clerk be authorized to sign a lease with Transfers Restaurant Inc. substantially in the form of the draft lease dated January 1, 1998 tabled at the meeting of the Finance and Administration meeting of January 26, 1998 and as satisfactory to the City Solicitor, with such lease to provide for a minimum rent of $10 per square foot per annum for the first 5 years of the lease and increasing in each year thereafter in an amount equal to the greater of the change in the Consumer Price Index or 2%, provided that in no case will such rent increase more than 5% in any one year over the previous year. (Dealt with under delegations and carried, as amended) That the Manager of Licensing meet with Mr. Shawn Miller concerning the increased licence fees for his flower and produce vending business, and in the event the concern cannot be addressed at the staff level, a report be submitted to a future Finance and Administration Committee meeting for consideration. That subject to A.M.~. Theatres of Canada Inc. legally committing to the development of a twenty- four theatre complex in Market Square by September 1, 1998, and subject to Cora Group commencing repair of the Market Square parking garage in 1998 as defined in the December 3, 1996 agreement between the City and 1178822 Ontario Limited, with said repairs to be completed by December 31, 1999, Council confirm, that effective no later than the opening date of the theatre complex, parking in the following City-owned/leased parking facilities equalling 887 spaces shall be available for public use either free of charge or at a nominal fee not to exceed $1.00 per entrance after 6:00 p.m., seven days a week and for a period not exceeding three years: On-street parking 104 Duke and Ontario parking garage 415 5 Eby Street North 177 Lot #21 - Scott and King Streets 14 Lot #23 - King Street East 36 Lot #11 - Charles and Queen Streets 6 Lot #12 - 52 Ontario Street South 48 Lot #15 - Hall's Lane 5 Lot #10 - Dominion Lot 5 Lot # 2 - Queen Street North 36 Lot # 7 - Charles and Queen Streets 41 That funds in the amount of $6.2 million be reallocated in the Capital Forecast from the financing provided for the Business Parks to the construction of the Benton/Charles parking structure in the amounts of $50,000.00 in 1998 and $6,150,000.00 in 2000, with said parking structure to contain a minimum of 270 parking spaces, be scheduled for completion no later than the opening date of the theatre complex and be subject to the results of a Parking Demand and Traffic Impact Study; and That $20,000.00 be allocated for a Parking Demand and Traffic Impact Study from the Cash-In- Lieu of Parking Reserve Fund; and, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 3. (Cont'd) That Council further direct staff to monitor the demand for short-term parking in the Downtown and alert Council as to any evident shortages of available space as a result of Downtown FEBRUARY ~, 1998 COUNCIL MINUTES - 97- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY ~, 1998 - 97- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL development; and, That the direct Transit route that currently operates between the University of Waterloo and Wilfrid Laurier University and the Downtown be marketed specifically to the university community and that scheduling hours of operation and enhanced marketing be made consistent with the operation of the A.M.C. Theatre; and, That Council approve, subject to payment of any taxes, the applications for the following Downtown financial incentives for 25 Frederick Street, otherwise known as Market Square: a) b) c) a rehabilitation and redevelopment tax rebate; a grant-in-lieu of building permits fees; a grant of $45,000.00 through the Facade/Interior Loan Program; and, That Council grant a variance to the Sign By-law to permit electronic billboards and/or illuminated marquees on the facade of the A.M.C. complex; and further, That staff prepare an additional report for consideration at the February 2, 1997 Council meeting comprising an income and cost estimate to include but not be limited to, new assessment revenue as well as any anticipated increases in Transit and Parking revenues as a result of this project. (Dealt with under delegations and carried, as amended) That part of Lot 8, R. Beasley's Old Survey designated as Parts 4, 5 and 6 of Plan 58R-10659, adjacent to the realignment of Pinnacle Drive, be declared surplus to the City's needs and be transferred to 913612 Ontario Inc. In Trust, at a nominal cost and for inclusion in its development proposal; and further, That the Mayor and Clerk be authorized to execute any documents required and as approved by the City Solicitor. That we approve a grant in favour of Mr. Pietro Gagliano in the amount of $1,350, being half of the City's $2,700 development charge payable as a result of an addition to his residential building at 295 Connaught Street to create an additional residential unit. (Dealt with under delegations and carried, as amended) That the Licensing Section of the Corporate Services Department and the Legal Department be directed to review and update all licensing by-laws over the next 2-1/2 years to meet the requirements of Bill 26. That the City of Kitchener grant the request of Doon Heritage Crossroads to reduce the required licence fee to $10.00 for a show referred to as "Seedy Saturday" to be held on Saturday, February 21, 1998. That the Manager of Licensing be authorised to approve a Lottery Application for any "non-profit organization" which applied for a previous licence and was approved by Council provided: all Municipal and Provincial regulations were met for the previous licence; the request is the same as the previous application; and, in the opinion of the Manager of Licensing, the "need" for funds, as previously requested, still exists; and further, That if in the opinion of the Manager of Licensing the circumstances have changed, the applications shall be referred to Council or to the Finance and Administration Committee for direction. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That the City of Kitchener purchase a 1/2 page colour advertisement in the 125th Anniversary Publication of the Concordia Club at a cost of approximately $675.00 with staff to determine the appropriate content that includes City promotional information in addition to a congratulatory message. FEBRUARY ~, 1998 COUNCIL MINUTES - 98- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY ~, 1998 - 98- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL HERITAGE KITCHENER (L.A.C.A.C.) - (As Amended) That Heritage Kitchener recommends that the 1924 City Hall millwork, currently stored at Gildner Green, be moved to Guelph Street this summer, once the street furniture has been removed. That, pursuant to Section 34 of the Ontario Heritage Act, we refuse the request of the owner to demolish the designated property municipally known as 108 Queen Street North (Sonneck House)/9 Margaret Avenue. That the Legal Department be directed to prepare a by-law to define an area around St. Mary's Hospital, in the vicinity of Spadina Road and Windsor Crescent, as an area to be examined for future designation as a heritage conservation district. FEBRUARY 2, 1998 COUNCIL MINUTES - 99 - CITY OF KITCHENER COMMITTEE OF THE WHOLE BY-LAWS AS 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. Banner Requests It was resolved: "That in conjunction with "The Dionysia" Food & Wine Festival to be held by the Greek Cypriot Community at Moses Springer Arena, Waterloo, Ontario on September 12th and 13th, 1998, we grant permission for the erection of a banner on King Street at Frederick/Benton Streets from Monday, August, 18, 1998 to Sunday, September 13, 1998 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment by the organization of any costs associated therewith. And further, that the Chief Administrative Officer be authorized to schedule the erection and removal of a banner for this event, on an annual basis, as requested." 2. Appointments - Downtown Improvement Area Board of Manaqement It was resolved: "That Ms. Jane Merling and Messrs. Greg Herzberger and Stuart Scadron-Wattles be appointed to the Downtown Improvement Area Board of Management for a term expiring November 30, 2000." 3. Licenses It was resolved: "That the Manager of Licensing be directed to issue a 1998 Itinerant Vendor License to Manuel A. Pereira." -and- "That the following massagists be granted a Massagist licence for the year 1998: Jessica Almost Jeannine Gosselin Shannon Cassidy." 4. Parkinq Aqreement - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with the trustees of Stirling Avenue Mennonite Church to permit members of the Church's congregation to park up to twelve cars during Sunday services or other Church functions at a designated location at St. Peter's Lutheran Cemetery." COUNCIL MINUTES FEBRUARY 9, 1998 - 100- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 9, 1998 - 100- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES FEBRUARY 2, 1998 - 100 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Resolution - Township of Colborne The Committee was in receipt of a copy of a resolution passed by the Council of the Township of Colborne on December 16, 1997. It is requested that Kitchener support the resolution which requests the Province of Ontario to provide adequate resources to investigate and provide initiatives to deal with all associated matters relating to E-Coli bacteria contamination reported along lakeshore areas. On motion by Councillor G. Lorentz, It was resolved: "That we endorse the resolution passed by the Council of the Township of Colborne at its meeting held December 16, 1997 dealing with concerns related to the contamination of ground water caused by E-Coli bacteria; and further, That this resolution be forwarded to the Honourable Mike Harris, Premier of Ontario, the Minister of Agriculture, Food and Rural Affairs, the Minister of Environment and Energy." 6. Tenders The tenders were dealt with under delegations. 7. Confirmation of Compliance with Original Deed - 165 Mclntyre Drive The Committee was in receipt of a memorandum dated February 2, 1998 from the City Solicitor, dealing with a request that the City confirm 165 Mclntyre Drive complies with restrictions registered with regard to this property. It was resolved: "That the City confirms that as of February 2, 1998 the property described as Part 1 on Reference Plan 58R-9489 and municipally known as 165 Mclntyre Drive complied with the restrictions set out in a Schedule to Instrument No 1254331; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 2.(a), 2.(b) and 2.(d) of the Schedule to Instrument No. 1254331 respecting the property described as Part 1 on Plan 58R-9489 and municipally known as 165 Mclntyre Drive, Kitchener." 8. Princess Marqaret Hospital Foundation re: Sale of Lottery Tickets The Committee was in receipt of a memorandum dated February 2, 1998 from the Manager of Licensing, advising that the Princess Margaret Hospital Foundation has requested Council's permission to sell lottery tickets in Kitchener for a draw to be held on May 5, 1998. It was noted in the memorandum that Grand River Hospital has not expressed concerns about this request whereas St. Mary's Hospital has provided written concerns. Councillor G. Lorentz introduced a motion that no action be taken on the request. The request was the subject of some discussion as to whether the intended fundraising was for cancer research only or, if it was also to fund the provision of services and equipment. COUNCIL MINUTES FEBRUARY 9, 1998 - 101- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 9, 1998 - 101- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL On motion, It was Resolved: "That the request of the Princess Margaret Hospital Foundation for permission to sell lottery tickets in Kitchener, be deferred and referred to the February 9, 1998 Finance and Administration Committee meeting for consideration and recommendation to the Special Council meeting to be held that date." COUNCIL MINUTES FEBRUARY 2, 1998 - 101 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9. Licence The Committee was in receipt of a memorandum dated January 29, 1998 from the Manager of Licensing requesting consideration of an additional application for a massagist licence. It was resolved: "That Lianne Bilokrely be granted a Massagist licence for the year 1998."