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HomeMy WebLinkAboutCouncil Minutes - 1998-02-16COUNCIL\1998-02-16 FEBRUARY 16, 1998 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Mayor Carl Zehr. The meeting began with the singing of "O Canada" by the Victoria School Senior Singers. The Choir was thanked for their rendition of the National Anthem. On motion by Councillor K. Taylor-Harrison, the minutes of the regular meeting held on February 2, 1998 and special meeting held February 9, 1998, as mailed to the Mayor and Councillors, were accepted. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE - (1) Letter dated February 11, 1998 from R.W. Pritchard, General Manager of Corporate Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Councillor K. Taylor-Harrison noted that she would be disclosing a pecuniary interest in Item B.5 of the Committee of the Whole agenda this date dealing with a request by the K-W Youth Basketball Association since her son is involved with that organization. Councillor J. Ziegler, Acting Mayor, advised that presentations of the Mike Wagner Heritage Awards and Mike Wagner Adaptive Re-Use Awards were to take place this evening to 8 winning property owners. In this regard, Mr. L. Bensason pointed out that because the awards were only established in December, 1997 nominations for the awards for the first year were generated in-house but that in future years the community would be involved in the award process. Mr. Bensason provided a slide presentation and description of significant features of each property as the awards that follow were handed out. At this time Mr. Hans Potkamper along with Councillor J. Ziegler presented the Mike Wagner Adaptive Re-Use Awards to owners/representatives of the following properties: · 156 Duke Street West - Award of Merit · 6 Charles Street West - Award of Merit · 307 Queen Street South - Outstanding Achievement · David/Joseph Streets, Victoria School Village - Outstanding Achievement Mrs. Pat Wagner joined Councillor J. Haalboom to hand out the Mike Wagner Heritage Awards to owners/representatives for the following properties. · 181 Park Street - Award of Merit · 20 Pinnacle Drive - Award of Merit · 64 King Street West (addition) - Outstanding Achievement · 138-140 Lancaster Street & 10 Bingeman Street - Outstanding Achievement In closing, Councillor J. Haalboom made several comments regarding the appropriateness of the occasion being February 16 was Heritage Day. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole this date. Mr. Gordon advised that he distributed a memorandum dated February 16 requesting consideration of an additional tender T98-17 dealing with the Henry Sturm Greenway Rehabilitation and on motion by Councillor G. Lorentz, seconded by Councillor K. Taylor-Harrison, it was agreed to add this additional tender to the agenda for consideration. Moved by Councillor T. Galloway Seconded by Councillor John Smola "That tender T97-107, Supply of Domestic Gas Meters, be awarded to Canadian Meter Company Inc., Milton at their tendered price for Rebuilt Gas Meters of $139,410., plus P.S.T. and G.S.T. -and- "That proposal P97-135, Photocopiers, be awarded to Toshiba of Canada, Markham, Ontario at their proposed price of $274,322.94, plus G.S.T. and P.S.T., based on a three year contract with the right to renew for an additional two - one year terms." FEBRUARY 16, 1998 COUNCIL MINUTES - 104- CITY OF KITCHENER -and- "That tender T98-7, Preventative Maintenance and Deliming of Rental Water Heaters, be awarded to Delta Inc., Kitchener at their tendered price of $102,000., plus G.S.T." -and- "That tender T98-10, Ultra Enterprise 450 Server, be awarded to Arqana Technologies Inc., Waterloo, at their tendered price of $59,478.44, plus G.S.T. and P.S.T." -and- "That tender T98-5, Pioneer Tower West Community Forcemain & Grand River Crossing, be awarded to Robert M. Simon Construction Ltd., Waterford, Ontario at their adjusted tender price of $293,494.42, including G.S.T. & P.S.T." -and- "That tender T97-70, Triple Combination Pumper (Part "D" - Equipment), be awarded to Resqtech Systems Inc., Woodstock, Ontario at their adjusted tender price of $93,489., plus G.S.T. and P.S.T." -and- "That tender T98-9, Core Street Planting & Iron Horse Trail Planting, be awarded to Pine Corner Tree Farm, Moorefield, Ontario at their tendered price of $88,299., plus G.S.T." -and- "That tender T98-17, Henry Sturm Greenway Rehabilitation, be awarded to R&M Construction, A Division of 560789 Ontario Limited, Acton, Ontario, at their tendered price of $301,844.33, plus additional supplemental items at $31,456.93, including G.S.T." Carried. Mr. Gary Ploj appeared as a delegation in regard to item B.4 of the Committee of the Whole agenda of this date. Mr. Ploj, Director/Producer for Defiant Pictures, explained that he was completing a feature film and planning a fundraiser for March 21, 1998 to raise awareness of the issue of teen suicide. In this regard, it is necessary to obtain City Council support and recognition of the fundraiser as an event of municipal significance in order that an application can be made to the Liquor Licence Board of Ontario for a special occasion permit. A two minute video segment of his movie was then shown to the Council. Moved by Councillor G. Lorentz Seconded by Councillor K. Taylor-Harrison "That the Council of the Corporation of the City of Kitchener has no objection to a liquor licence being issued to Mr. Gary Ploj, Defiant Pictures, for an event to be held at Kitchener City Hall on March 21, 1998; and further, That this event be deemed to be one of municipal significance." Carried. Mr. Clive Patrick appeared as a delegation with respect to two issues. Firstly, he advised that two weeks ago he had sent a letter to the City Clerk outlining his concern that Councillor J. Haalboom had a conflict of interest with respect to the traffic issues relating to Doon Village Road which was scheduled to be dealt with under clause #1 of the Public Works and Transportation Committee report of this date. At this time, he asked that Councillor Haalboom not participate in voting on this matter this date. Mr. Patrick then referred to his second point which was also in reference to Doon Village Road and noted that a number of people were not aware that the issue is coming to Council for a vote this date. He advised that residents of the Wyldwood area were opposed to one-way eastbound traffic movement on Doon Village Road expressing concern that school buses will be forced to use Homer Watson Boulevard and thereby putting children at additional risk. He suggested that the issue be referred back to Traffic FEBRUARY 16, 1998 COUNCIL MINUTES -105- CITY OF KITCHENER staff with direction that staff look for a more creative solution with respect to the one-way issue. Councillor M. Yantzi advised Mr. Patrick that the issue of a potential conflict of interest of any member of Council was not an issue that other members of Council had authority to deal with, but rather it was an individual decision of each member. Mr. David Jones advised that he lived on Doon Village Road and that he objected to the remarks of Mr. Patrick regarding Councillor J. Haalboom having a conflict of interest. He stated that the residents of the Wyldwood Subdivision have no idea how much effort Councillor Haalboom has made over many years in respect to ensuring that the Wyldwood Subdivision was developed to the high standard that it is today for the benefit of the new homeowners. He stated that the Doon Village Road issue came down to a matter of inconvenience confronting a safety issue since the narrow road handles significant pedestrian activity and a one-way feature would improve pedestrian safety. He suggested that the compromise that is being recommended was the best choice that could be made at this time to relieve a dangerous situation. Further, he noted that the School Board does not consider the student busing issue to be a problem on Homer Watson Boulevard. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That Clause #1 of the report of the Public Works and Transportation Committee of this date be adopted." Councillor T. Galloway advised that he wished to propose changes/clarifications with regard to Clause #1. Firstly, he suggested the sixth paragraph be revised to reference the Doon South Community Plan rather than just the words "Community Plan" and secondly, he suggested that the Region be asked to also consider development of a right hand turn lane on Homer Watson Boulevard at its intersection with Doon South Drive. The mover and seconder of Clause #1 accepted these revisions as a friendly amendment. Councillor T. Galloway emphasized that he had dealt with the issues contained in Clause #1 for over six years and he pointed out that the recommendation was a temporary compromise solution and that the measures proposed are an attempt to deal with policies within the Official Plan, the Doon South Community Plan and the Doon Heritage Conservation District Plan. He pointed out that over 1,000 building lots had recently been approved but that the road diversion was still 4 to 5 years away from completion. Councillor Galloway commented that over the years many residents of the Doon Village area fought for preservation of the Village and the entire Doon South Community. Finally, he pointed out that a few months ago it was proposed to close Doon Village Road but a compromise has now been agreed to that provides a temporary solution to traffic volume concerns. Councillor Jake Smola advised that he had a concern with regard to the issue of any required ongoing maintenance of the types of plants that would be placed in the planter boxes to be utilized in the Doon Village Road traffic calming proposal. Mr. D. Snow explained that it was intended to address the planter box issue and come back to the Committee with further information in this regard. Councillor M. Yantzi questioned what notification policies were followed with regard to the process that lead to the recommendation being considered this date for Doon Village Road. Mr. D. Snow explained that initially staff followed the process of road closure required under the Municipal Act. He explained the process taken since September of 1997 and invitations issued in that regard, and subsequently followed up on and mailed to those residents who attended and expressed an interest in this matter, all of whom were provided with a copy of the staff report for the February 9 Committee meeting and advised of Council's consideration of the issue this date. Councillor G. Lorentz commented that Mr. Patrick had raised a number of good concerns but it was his view these had been addressed by Mr. Snow. He commented that with the changes proposed, the City was actually asking the Public School Board to reconsider its student busing with the potential that a change may result in less use of Homer Watson Boulevard. The motion of Councillor John Smola, seconded by Councillor B. Vrbanovic, including the friendly amendments proposed by Councillor T. Galloway to approve Clause #1 of the Public Works and Transportation Committee report was then put to a vote and Carried. Mr. Steve Perkovich appeared as a delegation with regard to the matter of unpaid taxes on his municipal property. He commented on difficulties that he had had with tenants, vandalism and inability to pay taxes for several years since 1992, as well as assessment changes that took place. COUNCIL MINUTES FEBRUARY 16, 1998 - 106- CITY OF KITCHENER Ms. P. Houston advised that she was not aware of the specifics of Mr. Perkovich's property, but commented that while he may have made some arrears payments, if such payments were not sufficiently large, he still could have accumulated significant arrears of taxes and penalties. Acting Mayor J. Ziegler requested that Mr. Perkovich meet with Ms. P. Houston to review his outstanding property taxes and invited Mr. Perkovich to attend the February 23 Finance and Administration Committee meeting to address the matter further. Councillor C. Weylie advised that the Economic Development Division had circulated two reports each dated February 12 concerning Offers to Purchase in the Huron Business Park. In this regard, she advised that the Offer to Purchase submitted by the Ulmer Corporation had been withdrawn while the Offer submitted by 762422 Ontario Ltd. for Site 138 could proceed. Moved by Councillor C. Weylie Seconded by Councillor G. Lorentz "That the City accept, and the Mayor and Clerk execute an Offer to Purchase dated February 12, 1998 submitted by 762422 ONTARIO LTD. with respect to Part 1 of Reference Plan 58R-10731 or otherwise known as Site 138 in Phase III of the Huron Business Park for a total purchase price of $119,250 based on 1.59 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." Carried. 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." Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Councillor J. Haalboom referred to Clause #1 of the report and questioned if the approach would be to develop a shortlist of prospective operators. Councillor G. Lorentz commented that the Committee was asking for criteria to be developed and that the matter would then be brought back to the Committee for further consideration. Councillor K. Taylor-Harrison proposed a revision to Clause #1 so that the proposal for operation referenced the inclusion of limitations in reference to the operation and this was accepted as a friendly amendment by the mover and seconder of the report. Councillor B. Vrbanovic stated that he could not support Clause #3 of the report as recommended. Clause #3, as recommended in the Committee report, was put to a vote and Lost. A motion, essentially amending Clause #3, was then moved by Councillor B. Vrbanovic, seconded by Councillor M. Yantzi, to revise the grant amount previously recommended from $10,000 to $15,000 in 1999 to purchase a Gold rather than a Silver Sponsorship for the National Competition. Councillor T. Galloway stated he was a member of the City's Bid Committee and requested Council follow consistent practice in this regard noting that the City has never contributed this type of funding amount in the past. Councillor G. Lorentz requested a recorded vote on this issue. Councillor B. Vrbanovic noted that the Provincial and National Competition were very cost-intensive events to manage and that they could not be compared to sporting events that would qualify for promotional funding. The report was then put to a vote. FEBRUARY 16, 1998 COUNCIL MINUTES -107- CITY OF KITCHENER Voted on Clause by Clause. Clause #1 - Carried (As Amended). Clause #3 - A recorded vote was requested. In Favour: Councillors J. Haalboom, K. Taylor-Harrison, John Smola, B. Vrbanovic, Jake Smola and M. Yantzi. Contra: Councillors C. Weylie, T. Galloway, J. Ziegler and G. Lorentz. Carried (As Amended). Balance of report - Carried. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That the report of the Environmental Committee of this date be adopted." Acting Mayor J. Ziegler referred the Committee to a letter distributed this date from the Kitchener Pesticide Action Group regarding Clause #2 of the report. Councillor Jake Smola commented on the Environmental Committee consideration of the pesticide issue that had spanned three meetings. Councillor J. Haalboom indicated that she would not support the wording of Recommendations 2(a), 2 & 4 and 2(b), 3 & 5 and suggested additional wording in this regard. Comments and explanations of the intent with regard to these clauses were forthcoming from Mr. T. Clancy and Councillors T. Galloway, Jake Smola and M. Yantzi. Following consideration of these issues, the mover and the seconder agreed to accept friendly amendments with regard to 2(a) (4) and 2(b) (3) and 2(b) (5). All of the amendments were seen as clarification of the Committee recommendation. In this regard, the following amendments were accepted for consideration: 2(a)(4) addition of the words "such as in the case of poison ivy and poison oak" to clarify the issue of threat to human health. 2(b)(3) addition of the words "including wording to be included on the pesticide sign postings" to further clarify the matter of additional communications processes being reviewed. 2(b)(5) adding wording to tentatively require the reporting of a Pilot Project by June 30, 1998 to the Environmental Committee. Councillor Jake Smola noted that in the 1980s over 70% of City-owned lands were sprayed for pesticide and subsequently this was reduced to 10% by early 1990 and was now down to 1% of City lands being sprayed for pesticides. He advised that total pesticide application annually was 46 litres and commented that staff had done an excellent job in bringing about this reduction. Councillor T. Galloway stated that he fully supported the recommendations and expressed the view that the amendments agreed to this date served as further clarification to the recommendation. He acknowledged the valuable input that community activists had provided in regard to this matter and pointed out that the policy being recommended reflects in large part what the City's practices are which have gone a very long way to reduce and almost eliminate the use of pesticides. Councillor T. Galloway then referred to Clause #1 of the report respecting the stewardship issues and stated that it was his hope that stewardship would become a focus for the Environmental Committee. In this regard, he requested Council support at budget time for the initiative referred to in Clause #1. He suggested that the stewardship process will allow for the City to communicate with private property owners with the objective of bringing about further reduction in the use of pesticides through education. He also referred to the report that the Environmental Committee had received from the Legal Department which clearly indicated that the City had no jurisdiction with regard to the regulation of pesticides as they relate to private property. On the subject of discussion of a pilot project incorporating alternative landscaping to eliminate pesticide use in a City facility, Councillor G. Lorentz suggested that besides the Lyle Hallman Pool consideration might be given to the new Forest Heights Firehall/Community Centre as an excellent site to undertake this initiative. FEBRUARY 16, 1998 COUNCIL MINUTES - 108- CITY OF KITCHENER The report was then put to a vote. Voted on Clause by Clause. Clause #2 - Carried (As Amended). Balance of Report - Carried. 4. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That the report of the Finance and Administration Committee of this date be adopted." Acting Mayor J. Ziegler noted that the recommendation should have referred to up to a limit of five locations inclusive and that the reference in the recommendation to additional locations should also have included up to a limit of five locations inclusive. On motion by Councillor T. Galloway, seconded by Councillor C. Weylie, an amendment in accordance with the suggestion of Acting Mayor J. Ziegler was accepted. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Carried (As Amended). Balance of Report - Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (January 16, 1998) of this date be adopted." Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (February 6, 1998) of this date be adopted." Councillor G. Lorentz questioned if there was a cost implication regarding the recommendation. Following some discussion, it was agreed the first part of the recommendation was limited to consultation between City and Regional staff. However, the second part of the resolution did have a cost implication. On motion by Councillor T. Galloway seconded by Councillor C. Weylie it was agreed that Clause #1 be amended to provide that the outcome of staff discussions be reported to Heritage Kitchener and the archaeological component be added to all future heritage conservation district plans within the existing envelope of funding. The report, as amended, was then put to a vote and Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee of this date be adopted." Councillor B. Vrbanovic referred to Clause #3 of the report dealing with the Regional 1998 Roads Capital Program and advised that he would like to defer the matter in order to research one of the items in the Capital Forecast. Councillor J. Ziegler disclosed a pecuniary interest and abstained from all discussion with respect to Clause #3 as he owns property on King Street East affected by the Regional 1998 Roads Capital Program. On motion by Councillor B. Vrbanovic, seconded by Councillor Jake Smola, it was agreed to defer and FEBRUARY 16, 1998 COUNCIL MINUTES -109- CITY OF KITCHENER refer consideration of Clause #3 to the February 23, 1998 Special Council meeting. Councillor J. Ziegler disclosed a pecuniary interest in respect to Clause #3 as he owns property on King Street East and did not vote on the motion. The report was then put to a vote. Voted on Clause by Clause. Clause #1 - Dealt with under Delegations and Carried (As Amended). Clause #3 - Action deferred and referred to the February 23, 1998 Special Council meeting. Balance of Report - Carried. Recorded Pecuniary Interest: Clause #3 - Councillor J. Ziegler as he owns property on King Street East affected by the Region's 1998 Roads Capital Program. Councillor Jake Smola stated that he wished to bring a concern to the attention of Council concerning a situation involving a woodlot that was dedicated to the City as part of the Subdivision process in the Idlewood area. He advised that the woodlot contained trees that were in a condition dangerous to the public and noted that in this instance the City had inherited a large liability. He suggested that standards for woodlots be established and where required that the condition of the woodlots be brought up to such standards before the City accepted dedication of the lands as part of the subdivision process. Councillor Jake Smola requested that the Departments of Planning and Development and Parks & Recreation address this problem and propose a standard in this regard. Councillor J. Haalboom stated that she had two concerns, firstly regarding Rockway Gardens and secondly, the matter of Mr. Fischer mentioned under information items in the February 9, 1998 Community Services Committee minutes. Mr. T. Clancy pointed out that the Rockway Gardens matter was a sensitive issue that essentially was up to the Horticultural Society to deal with. He did indicate that staff will be attending their meetings. On the issue of Mr. Fischer, a long-time market vendor, Mr. Clancy advised that he was not familiar with the background of this vendor and would be making enquiries and bring the matter back to the Community Services Committee. Councillor J. Haalboom referred to the tender considered this date for the Pioneer Tower West Community Forcemain and Grand River Crossing and stated that she had a concern with regard to private wells, in that, there was no reference to what experience the contractor had relative to private wells. Councillor T. Galloway commented that it was his belief that the well issue was addressed in the planning that took place for the Pioneer Tower West Subdivisions and he took this opportunity to remind staff that the well issue should be monitored closely. Councillor K. Taylor-Harrison referred to a letter written by Mr. John Dunbar regarding Kitchener Transit and she offered her congratulations to staff in this regard. She also referred to the progress Downtown Kitchener has made and congratulated the Downtown Development Team for their efforts. Councillor Jake Smola questioned when the budget process would re-commence and Ms. P. Houston advised that no dates have been scheduled for Finance and Administration Committee meetings but she did note it was expected that it would be in late March or early April. Councillor J. Ziegler requested that Ms. Houston bring proposed budget meeting dates to the Finance and Administration Committee February 23 meeting or the next Council meeting. Moved by Councillor John Smola 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 FEBRUARY 16, 1998 COUNCIL MINUTES - 110- CITY OF KITCI:IENER (c) (d) (e) (f) (g) (h) routes and to prohibit parking thereon Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hurlbut Corporation - Mill Street - No.961351MIZJ Being a by-law to deem Lots 33, 34 and 41 of Registered Plan 782 not to be part of a Registered Plan of Subdivision Being a by-law to amend By-law No. 97-188 for licensing and regulating Itinerant and Temporary Vendors and Permanent and Temporary Markets To confirm all actions and proceedings of the Council Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Karin Toolsie - Ninth Avenue - No.97/14/N/PB 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 Councillor J. Ziegler, Acting Mayor, appointed Councillor K. Taylor-Harrison as Chair. On motion, the Council rose from the Committee of the Whole and Councillor J. Ziegler, Acting Mayor, occupied the Chair. Moved by Councillor K. Taylor-Harrison Seconded by Councillor G. Lorentz "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 John Smola Seconded by Councillor T. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) (b) 10. (c) (d) (e) 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. 98-15) 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. 98-16) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 98-17) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Hurlbut Corporation - Mill Street - No.961351MIZJ (By-law No. 98-18) Being a by-law to deem Lots 33, 34 and 41 of Registered Plan 782 not to be part of a FEBRUARY 16, 1998 COUNCIL MINUTES - 111- CITY OF KITCHENER (f) (g) (h) Registered Plan of Subdivision (By-law No. 98-19) Being a by-law to amend By-law No. 97-188 for licensing and regulating Itinerant and Temporary Vendors and Permanent and Temporary Markets (By-law No. 98-20) To confirm all actions and proceedings of the Council (By-law No. 98-21) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Karin Toolsie - Ninth Avenue - No.97/14/N/PB (By-law No. 98-22) 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 Zone Change Application ZC 961351MIZJ (Hurlbut Corporation) requesting a change in zoning by adding special regulation provisions 1R and 271R to the existing General Industrial Zone (M-2) with special use provision 28U according to By-law 85-1 on Part of Lots B and 18, Registered Plan 384, Part of Lot 1, Registered Plan of Subdivision of Lot 49, German Company Tract and more specifically described as Parts 1 and 6 of Plan 58R-3266 and Parts 2, 3 and 4 of Plan 58R-3665 be approved in the form shown in "Proposed By-law" attached, dated November 21, 1997 without conditions. 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. That Zone Change Application ZC 97/14/N/PB (Karin Toolsie), rezoning lands located at 235 Ninth Avenue from Residential Four Zone (R-4) to Residential Five Zone (R-5) be approved in the form shown in the attached "Proposed By-law", dated October 3, 1997, without conditions. 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. That Planning and Development Staff Report PD 98/15 (Kitchener Bikeways Study) be received for information. COMMUNITY SERVICES COMMITTEE - That Parks and Recreation staff prepare a call for proposal for operation (including limitations) of a restaurant/concession at the Victoria Park Boathouse, to be presented to the Community Services Committee on February 23, 1998, and further, That Parks and Recreation staff prepare a report, for the Community Services Committee meeting of March 23, 1998, with more information on the operation of concessions at the community arenas, concessions at the K.M.A. Complex, so that the Committee can review the merits of combining or separating these 2 operations. (As Amended) That we support the recommendation of the Public Art Committee that Ron Hewson be named the 1998 City of Kitchener Artist in Residence, and further, That the Mayor and Clerk be authorized to sign a license agreement with Ron Hewson to officially place him as the City of Kitchener Artist in Residence for 1998. That we support the awarding of the 1998 and 1999 Provincial Skills Canada (Ontario) competition and the 1999 National Skills Canada competition to the City of Kitchener, and further, That the City contribute, from its grant account, a total of $5,000.00 in 1998 to purchase a Silver Sponsorship for the Provincial competition and $15,000.00 in 1999 to purchase a Gold Sponsorship for the National competition. (As Amended) That the City of Kitchener support the bid to host the 2000 Ontario High School Hockey Championship tentatively scheduled for March 15 - 18, 2000, and further, That an in-kind facility rental grant in the amount of $2,000.00 be provided to the local host committee to partially off-set ice rental costs at the Kitchener Memorial Auditorium Complex. ENVIRONMENTAL COMMITTEE - 1. (a) That the Environmental Committee approve in principle the preparation of an Environmental Handbook and Video with funding of $10,000 in 1998 and $10,000 in 1999, and thereafter $10,000 per year for future environmental stewardship initiatives, being provided in the 10 Year capital Forecast; and further, FEBRUARY 16, 1998 COUNCIL MINUTES - 113- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 16, 1998 - 113- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the request for funding be referred to the Finance and Administration Committee for consideration as part of the 1998 Capital Budget. (b) That the Environmental Study Group explore various options for additional funding for this project, including the "Friends of the Environment" Foundation. 2. (a) That Council Policy 1-309 be rescinded and replaced by the following: That the City of Kitchener approve a pest control policy on City lands as follows: 1) that we adopt Integrated Pest Management principles and procedures with respect to pest control on City Lands. IPM is a decision-making process used to determine and efficiently manage pest problems. Pest control is undertaken when and where monitoring indicates that the pest will cause unacceptable economic, medical or aesthetic damage. A range of techniques are used that minimize the negative effects on the environment. IPM stresses the use of biological and cultural controls and the use of pesticides only as a last resort in minimal amounts. 2) that we strive to reduce pesticide use on City Lands by working towards a zero % target. 3) that we ensure a Turf Care program for higher maintenance turf areas such as sportsfields, golf courses, bowling greens, cemeteries, garden parks and parkettes and prominent City Facilities. Such a Turf Care program will promote healthy lawns through cultural techniques such as regular interval mowing, fertilizing, aerating, topdressing, overseeding, irrigating where feasible and Integrated Pest Management. Pesticides will only be used where significant pest problems are identified, plant health is jeopardized, and alternative controls are not feasible as guided by IPM principles and procedures. 4) that as general practice, we do not apply herbicides to medium and lower maintenance turf areas. Exceptions would be on a case by case basis where extensive deterioration may occur, renovation is required or a threat to human health exists, such as in the case of poison ivy and poison oak. Decisions will be based on IPM principles and procedures. (b) In addition to the policy change it is recommended that the Parks and Recreation Dept. be directed to: 1) prepare a report for the Environmental Committee that outlines alternative methods of pest control in Victoria Park. Such a report will consider cultural practice, existing landscapes and standards, impacts, public awareness and park use, staff involvement, costs associated with various options, as well as public and neighbourhood consultation. 2) on an annual basis provide the Environmental Committee with an Integrated Pest Management report concerning City Lands, that includes an inventory of what spraying has taken place, where, volume and what is being done to mitigate the need for spraying in future. 3) as a matter of practice, increase the pesticide sign posting requirement to a 50 meter interval on City owned lands where there is uncontrolled public access. This is double the provincial minimum of 100 metres as outlined in the General Regulations under the Pesticide Act. And further, that additional communications ENVIRONMENTAL COMMITTEE - (CONT'D) 2. (Cont'd) processes be reviewed, including wording to be included on the pesticide sign FEBRUARY 16, 1998 COUNCIL MINUTES -114- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 16, 1998 - 114- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL postings and reported back to the Environmental Committee. 4) include in the proposed Environmental Handbook, information on Integrated Pest Management that will promote alternatives to pesticide use in residential landscapes. 5) prepare a report on a Pilot Project dealing with alternative landscaping to eliminate pesticide use on a city facility and tentatively report back to the Environmental Committee by June 30, 1998. (As Amended) FINANCE AND ADMINISTRATION COMMITTEE - That By-law 97-188 (Temporary Vendors) be amended to reflect that the maximum annual fee of $1,000.00 applies up to a limit of 5 locations, inclusive after which additional locations are charged at a fee of $290.00 for each three day period per site to a second annual maximum of $1,000.00 up to a limit of 5 locations inclusive. (As Amended) That Council grant the request of Homeniuk Rides Incorporated for permission to operate a midway at 245 Strasburg Road (former Bestpipe site) at the corner of Ottawa Street South and Strasburg Road on May 1, 2, 3, 7, 8, 9 and 10, 1998, with this approval subject to the following conditions: a) The hours of operation to be Thursday and Friday 4:00 p.m. to 11:00 p.m., Saturday 11:00 a.m. to 11:00 p.m. and Sunday 12:00 noon to 11:00 p.m.; b) The site of the midway is to be moved from the 1997 location and be set up on the Bestpipe site across from the video store, closer to the corner of Homer Watson Boulevard; c) Any music is to be turned down at 10:00 p.m. out of consideration for area residents; and further, That enforcement of the Zoning By-law be waived for the above location and dates. That the Manager of Licensing and the Legal Department prepare the 1998 Street Vendors By-law to provide for the licensing of street vendors in Victoria Park and at specific street intersections in accordance with the locations and vendor types outlined in the 1997 By-law, with the following amendments; a) elimination of the Hot Dog Cart location on Wabanaki Drive; b) provision for a maximum of 4 Shoe Shine Stands on City sidewalks in Downtown Kitchener, with suggested locations to be supplied by the successful applicant, and with a licence fee of $100.00 per location; and, That an advertisement be placed in the newspaper requesting applications to operate the 4 Shoe Shine Stands, with an operator being chosen through a draw of qualified applicants; and further, That prior to implementation, staff prepare and submit for consideration operation guidelines and criteria for the Shine Stands. HERITAGE KITCHENER (L.A.C.A.C.) (JANUARY 16, 1998) - 1. That the following properties receive Mike Wagner Heritage Awards, for 1998, in the categories FEBRUARY 16, 1998 COUNCIL MINUTES - 115- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 16, 1998 - 115- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL noted: 138-140 Lancaster Street East - outstanding achievement 64 King Street West (Bank of Nova Scotia) - outstanding achievement 181 Park Street - award of merit 20 Pinnacle Drive - award of merit HERITAGE KITCHENER (L.A.C.A.C.) (FEBRUARY 6, 1998) - That Heritage Kitchener requests that senior staff in the Department of Planning & Development be directed to work with senior staff at the Region of Waterloo to determine, should the City of Kitchener undertake an Archaeologic Master Plan, how the information will be utilized and administered and report the outcome of these discussions to Heritage Kitchener, and further, That an archaeological component be added to all future heritage conservation district plans within the existing envelope of funding. (As Amended) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That traffic be restricted to a one-way eastbound movement on Doon Village Road, from the west limit of the first single lane bridge to Doon South Drive, commencing July 1, 1998, and further, That appropriate advance warning of the one-way designation/restriction be installed on Homer Watson Boulevard and Doon South Drive, and further, That staff of the Traffic and Parking Division co-ordinate with the Transportation Division of the School Boards appropriate adjustments to the area school bus routes affected by the one-way restriction, effective with the commencement of the school year in September 1998, and further, That the existing 40 km/h speed limit be extended on Doon Village Road, in the Heritage District, from its present starting/termination point at Doonbrook Place to Bechtel Drive, and further, That traffic calming centre line portable planters be introduced, to be strategically placed on Doon Village Road from April 1st to November 1st, annually, and further, That these traffic control/calming measures be considered temporary, to remain in place until the Doon Village Road diversion is constructed and open to traffic, at which time these measures will be reviewed to determine if any or all are to be retained or removed, in such a manner to be consistent with the Doon South Community Plan, and further, That entrance signs for the Heritage District be designed and installed with the co-operation and funding of Heritage Kitchener, and further, That funding in the amount of $10,000.00 be provided for the manufacture, supply and installation of the traffic control/calming measures, and further, That these measures be monitored on a regular basis to determine the effectiveness and level of compliance, and further, That the Waterloo Regional Police Services be requested to provide the necessary enforcement of these measures, and further. That the Uniform Traffic By-law be amended accordingly, and further, PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) FEBRUARY 16, 1998 COUNCIL MINUTES - 116- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 16, 1998 - 116- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 1. (Cont'd) That it be recommended to the Regional Municipality of Waterloo that advance warning lights be installed at the intersections of Doon South Drive and Homer Watson Boulevard and Pioneer Drive and Homer Watson Boulevard, and further, That the Regional Municipality of Waterloo be asked to consider the development of right hand turn lanes on Homer Watson Boulevard at its intersection with Pioneer Drive and on Homer Watson Boulevard at its intersection with Doon South Drive, and further, That the staff of the Traffic and Parking Division of the Department of Public Works be instructed to review the possibility of developing a right hand turn lane on Pioneer Drive at Homer Watson Boulevard, and further, That an appropriate sign(s) be erected to advise future property purchasers that, at some time in the future, Doon Village Road will be completely closed, with the funds for such a sign to be taken out of the funds provided for the supply and installation of traffic control/calming measures. (Dealt with under delegations and Carried, As Amended) That the City arrange for the installation of sump pumps in designated locations off Dumfries Avenue and Melrose Avenue to resolve ongoing backyard drainage problems, and further, That these pumps be installed only upon application by affected owners and the signing of agreements with the City, satisfactory to the City Solicitor, and further, That the residents pay 50% of the cost of installation at time of application, with a maximum City contribution of $6,000.00 from the 1998 Operating Budget, to be allocated by the City to this area, and further, That no installations proceed until the owners have agreed on details with respect to the number of pumps, their locations, and cost sharing arrangements. That the City of Kitchener endorse the Regional Municipality of Waterloo's 1998 Roads Capital Program with the following adjustment: 'The reconstruction of Regional Road 65 - Cedar Street, King Street to Weber Street, will have to be delayed for one year (to 1999) to coincide with the City portion of the project, which has been rescheduled as a result of budget constraints.', and further, That the City of Kitchener endorse the programs identified in the Region's 10 Year Capital Forecast, and further, That, with respect to the timing of the projects identified in the 10 Year Capital Forecast, their program be adjusted to align with the affected schedules and budgeting of City projects and the co-ordination of impacts on City services, as per Item #4 contained in the report as presented to the Public Works and Transportation Committee on February 9, 1998. (Action deferred and referred to February 23, 1998 Special Council Meeting) That the school bus loading zone on Queen's Boulevard at Southridge Public School be extended by 21 metres northward to accommodate a total of 4 school buses, and further, That the Uniform Traffic By-law be amended accordingly. FEBRUARY 16, 1998 COUNCIL MINUTES - iiT- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 16, 1998 - 117- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That fluorescent strong yellow/green sheeting be used on school crossing or school area signs on City of Kitchener roadways, and further, That the staff of the Traffic and Parking Division of the Department of Public Works correspond with all local members of Provincial Parliament with the request that the Provincial Government support the use of fluorescent strong yellow/green sheeting as the new recognized Provincial standard for school crossing and/or school area signs. That, effective March 9, 1998, Route 3 - Ottawa South be re-routed to travel along Laurentian Drive, Block Line Road and Westmount Road in the outbound direction only. FEBRUARY 16, 1998 COUNCIL MINUTES -118- 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. Licenses It was resolved: "That the City of Kitchener has no objection to the Canadian Cystic Fibrosis Foundation, 2221 Yonge Street, Suite 601, Toronto, Ontario, M4S 2B4, being granted permission to sell tickets in the City of Kitchener for a draw on Sunday, June 28, 1998 at the Rack n' Roll Club, 3087 Forrest Glade Drive, Windsor, Ontario." - and - "That the City of Kitchener has no objection to the St. Marys and District Association for Community Living, P.O. Box 1618, 24 Church Street South, St. Maws, Ontario, N4X 1B9, being granted permission to sell tickets in the City of Kitchener for a draw on April 9, 1998 at the St. Maws Area Arena & Community Centre." -and- "That the following massagist be granted a Massagist licence for the year 1998: Corinna Turner." 2. Appointment - Resident Director - Kitchener Housinq Inc. It was resolved: "That City Council approve the appointment of Mr. Ron Pallister as a Resident Director on the Kitchener Housing Inc. - Board of Directors for a term of 3 years ending November 30, 2000." 3. Properties Eliqible for Tax Sale Councillor Jake Smola raised questions as to the process concerning notification relative to tax sale proceedings and also requested specific information as to whether residential properties owners were occupied by the property owner. Ms. P. Houston provided an explanation of the exhaustive approach that is taken to bring about collection of overdue taxes. She noted that after a registration for tax sale, the owners would have at least one year to pay the outstanding balance in full before tax sale would be exercised. Councillor Jake Smola indicated that he had attempted to contact two property owners and had been given an indication that they planned to take some action regarding the outstanding taxes. Councillor M. Yantzi also raised concern regarding owner occupied residences and Ms. Houston confirmed that when the tax sale proceedings have commenced in the past against owner occupied residence, it has never been necessary to effect a tax sale in such instances. Some further discussion took place on the notification procedure and it was suggested the issue be deferred. It was also noted that a deferral would allow staff to review the tax situation with Mr. Steve Perkovich who appeared as a delegation earlier in the Council meeting this date. COUNCIL MINUTES FEBRUARY 16, 1998 -119- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. Properties Eliqible for Tax Sale (Cont'd) On motion, It was resolved: "That consideration of the following recommendation be deferred and referred to the Special Council Meeting to be held February 27, 1998: 'That the Legal Department commence tax sale proceedings as defined by the Tax Sale Act, 1984, against the lands identified in the joint report from Olav den Ouden, Director of Revenue and Pauline Houston, Chief Financial Officer and City Treasurer, dated February 12, 1998, for arrears in the amount of $419,854.23."' 4. Special Community Event This item was dealt with under delegations. 5. Raffle Lottery Councillor K. Taylor-Harrison disclosed a pecuniary interest in regard to the raffle lottery request from the K-W Youth Basketball Association as her son is involved with the Basketball Association. Councillor K. Taylor-Harrison then vacated the chair which was assumed by Councillor G. Lorentz to deal with this matter. On motion by Councillor J. Ziegler, It was resolved: "That the City of Kitchener has no objection to a Raffle Lottery licence being issued to the K-W Youth Basketball Association, 500 Parkside Drive, Waterloo N2L 5J4, to conduct a Raffle Lottery at the Forest Heights Collegiate Institute, 255 Fischer-Hallman Road, Kitchener on March 7, 1998." Councillor K. Taylor-Harrison previously disclosed a pecuniary interest and did not vote on this matter as her son is involved with the K-W Youth Basketball Association. Councillor G. Lorentz then vacated the chair which was assumed by Councillor K. Taylor- Harrison who then conducted the remainder of the meeting. 6. Offer to Transfer Easement - ROCKWAY-VICTORIA WARD It was resolved: "That the City accepts the offer from the Ukrainian Catholic Church of the Transfiguration to sell to the City a 2,041 square metre storm and sanitary sewer easement in perpetuity over part of its property known as 15 Michael Street, legally described as Part of Lot 552, Registered Plan 378; That as payment for the easement, the City shall undertake to resurface the existing asphalt parking lot and to place asphalt over some of the existing gravel parking area up to a maximum cost of $20,000.00 + GST. The City also agrees to pay survey costs and the owner's reasonable fees, to provide alternate parking and to reimburse the Church if confirmed hall rentals are lost due to on- site construction; and further, That the Mayor and Clerk are hereby authorized to execute any documents to complete the transaction deemed necessary by the City Solicitor." FEBRUARY 16, 1998 COUNCIL MINUTES - 120 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Tenders The tenders were dealt with under delegations. Applications for Cancellation, Refund, Reduction or Levy of Taxes It was Resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction or levy of taxes be disposed of as recommended therein."