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HomeMy WebLinkAboutCouncil Minutes - 1998-03-30COUNCIL\1998-03-30 MARCH 30, 1998 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor M. Yantzi. The meeting began with the singing of "O Canada" by the Rockway Centre Glee Club. The members of the Club then presented another musical selection to those in attendance. Councillor J. Ziegler thanked the Club for their presentation this date. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held on March 2, 1998, and special meetings held March 2 and 9, 1998, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (1) Letter dated February 26, 1998 from the Honourable Al Leach, Minister of Municipal Affairs & Housing, commenting on Council's resolution of October 14, 1997 regarding Devolution of Social Housing Responsibilities to Municipalities. (2) Letter dated March 11, 1998 from the Director, Ministry of the Environment, Southwestern Region, commenting on Council's support of the resolution passed by the Township of Colborne regarding the contamination of groundwater caused by E-Coli bacteria. (3) E-mail dated March 18, 1998 from Dr. Terry Polevoy regarding tobacco advertising on City buses. Moved by Councillor C. Weylie Seconded by Councillor K. Taylor-Harrison "That City Council approve the terms and conditions contained in a Memorandum of Settlement dated February 24, 1998, in connection with the 1997-1998 Collective Agreement with KPFFA Local 457. Further, that the Mayor and Clerk be authorized to execute any documentation arising therefrom." Carried. Councillor John Smola disclosed a pecuniary interest and abstained from all discussion and voting as his brother is employed by the Kitchener Fire Department. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Councillor J. Ziegler asked why Quotation Q98-52 was done on a quotation basis rather than tendered. Mr. L. Gordon advised that it was an error in estimation on his part wherein he assumed the cost would be below the tender limit and agreed it should have been tendered. Councillor J. Ziegler also questioned Quotation Q98-35 for Food Products and Mr. L. Gordon explained that there were ten bids received with the supply of a number of products being combined. He advised that the recommended supplier was Iow in all four areas of the quotation. Councillor Jake Smola questioned if the City had considered tendering for fleet vehicles on a co-operative basis with area municipalities. Mr. Gordon advised that this has not been done as there are often very different criteria which the individual municipalities are looking for. Councillor Jake Smola requested that staff consider the issue suggesting that there was an opportunity to obtain better pricing in future. Moved by Councillor B. Vrbanovic Seconded by Councillor John Smola "That quotation Q98-52, 4-Wheel Utility Vehicle with Hydraulic Dump Box, Low Profile Turf Sprayer and Water Injection System/Aerator complete to specification CKF-262 be awarded to G.C. Duke Equipment Limited, Burlington at their quoted price of $64,250.00 plus G.S.T. and P.S.T." -and- "That Tender T98-14, Supply of Computer Workstations, be awarded to Amsdell Inc., Richmond MARCH 30, 1998 COUNCIL MINUTES - 167- CITY OF KITCHENER Hill, Ontario at their tendered price of $34,900.00. for twenty-five computers, plus optional Intel 430 TX Chipset, Acer 54e 15" monitor, G.S.T.and P.S.T. and further that additional units be purchased up to a maximum of one hundred as required during the term of the contract." -and- "That Council waive the Consultant Selection Procedure for Consulting Services relating to the sanitary sewer extension required for the new Fire Department Headquarters and further that the project be awarded to Planning & Engineering Initiatives Ltd., Kitchener at an upset fee of $12,950.00 plus G.S.T." -and- "That tender T98-23, Watermain Cleaning, be awarded to A-1 Hydrant Services, Scarborough at their tendered price of $65,717.45, plus G.S.T." -and- "That quotation Q98-35, Food Products, be awarded to Serca Foodservice, Kitchener at their quoted price of $67,247.58 plus G.S.T. and P.S.T." Carried. Expression of Interest E97-133 relating to Consultant Services for the Job Evaluation System was then considered. Councillor B. Vrbanovic disclosed a pecuniary interest and abstained from discussion of E97-133 as his wife is employed by the City. Councillor Jake Smola requested that Council not accept the recommendation to award the work to KPMG Waterloo at an estimated cost of $65,000 to $75,000. He noted that another firm with pricing of approximately $35,000 to $40,000 had the same credentials to carry out the required services. Councillor T. Galloway questioned where this alternate consultant finished in ranking and Councillor J. Ziegler advised that the firm was second. Councillor Galloway indicated that he has serious concerns about the terms of reference regarding the consultants work and Councillor J. Ziegler responded that regardless of which firm was approved, Council should have a meeting with the consultant to discuss the terms of reference of the services they would be providing relative to the Job Evaluation System. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That no action be taken on the recommendation to award Expression of Interest E97-133 Consultant Services - Job Evaluation System to KPMG Waterloo." Carried. Moved by Councillor Jake Smola Seconded by Councillor J. Ziegler "That Expression of Interest E97-133, Consultant Services - Job Evaluation System, be awarded to MacCrimmon & Associates, Ottawa at an estimated cost of $35,000. - $40,000. plus G.S.T., subject to a satisfactory agreement being negotiated and an upset fee being established. And further, that the Mayor and City Clerk be authorized to sign such agreement as negotiated and satisfactory to the City Solicitor; and further, That the Terms of Reference regarding this matter be refined by City Council following a meeting with the consultant." Carried. Councillor B. Vrbanovic previously disclosd a pecuniary interest and abstained from all discussion and voting on E97-133 as his wife is employed by the City. Ms. Maryann Wasilka appeared as a delegation representing "Concerned Citizens for Local Democracy" to present the Anvil Award to the Auditorium Neighbourhood Association which had the highest percentage voter turnout in the 1997 municipal election of any other Association. She enquired where the award might be placed and in accepting the award for the Neighbourhood Association, Councillor K. MARCH 30, 1998 COUNCIL MINUTES - 168- CITY OF KITCHENER Taylor-Harrison suggested it be displayed at the Auditorium Complex. Ms. Christiane Sadeler and Yvette Rybenski appeared as delegations on behalf of the Safer Communities Action Team to make a presentation and utilized overhead and slide illustrations in this regard. It was noted that the Community Safety and Crime Prevention Council has embarked on a program to develop strategies to address the root causes of crime and that four Action Teams were formed to address specific safety and crime prevention issues in the Region. The Safer Communities Action Team is one such team. The following areas were covered: Mission Statement, Priority Areas, Goals, Focus, Action, Components of a Crime Situation and Awareness of Public Spaces and Places. The Safer Communities Work Plan was also summarized and it was noted that their aim was to have all municipal councils adopt safe community policy by December, 1998. A slide presentation was then given illustrating how the principles of crime prevention through environmental design can work to reduce crime and fear of crime within neighbourhoods. Councillor J. Haalboom thanked the delegation for their presentation and questioned how their organization was linked to the City's Safe City Committee. Councillor K. Taylor-Harrison advised that three members of the Safe City Committee participated with the Regional organization. It was hoped that the Region could facilitate information exchange and also conduct workshops with municipal representatives in attendance who deal with this issue at the local level. Mr. Bob Kadarian attended the meeting in regard to his request for temporary occupancy at 376 Victoria Street. He advised that the location could potentially draw customers from the Guelph and Elmira areas. Mr. T. McCabe advised that Council had been circulated with Planning and Development staff report PD 98/44 dated March 27, 1998 commenting on the request and providing detail regarding anticipated revision of the zoning by-law. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That if City Council supports the request for temporary occupancy for 376 Victoria Street North, their approval be conditional upon the following: That enforcement of the City's Zoning By-law be waived with respect to the sale of sporting goods at 376 Victoria Street North and temporary occupancy be approved subject to the use vacating the location in the event the City initiated zone change adding the sale of sporting goods in the Service Commercial (C-6) zone is not approved; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application." Carried. Mr. Albert Norris appeared as a delegation to make a brief presentation in support of various correspondence he had provided that was attached to the agenda. His concerns regarding the sale of the Farmers' Market building were expressed in that correspondence as well as taxation issues relating to capital gains matters. Some brief discussion of the issue of rental of market space in relation to capital gain within the facility took place. Mr. Norris suggested that with the City no longer the owner and the property being in private hands, vendors did not qualify for consideration of eligible capital property relative to their market space. In response to Councillor J. Haalboom, Mayor C. Zehr summarized that what Mr. Norris was requesting, was for the sale of the Farmers' Market to be declared null and void. Mr. Stephen Schmidt appeared as a delegation on behalf of Mr. R. Zivkovic respecting the recommendation in clause #9 of the Finance and Administration Committee report of this date. Mr. Schmidt asked that an exemption be granted respecting his client's attempts to find an alternate location. Further, he referred to publicity surrounding this issue and noted that his client was not given the opportunity to respond to his conduct in searching out new site locations for his business. He noted that the exemption request regarding the 1081 King Street East location was a lesser request than was granted to the Victoria's operation. Finally, he asked that his client be treated fairly in this matter and that he be allowed to remain in his present location provided he could demonstrate willingness and evidence of activity to find an alternate location. MARCH 30, 1998 COUNCIL MINUTES - 169- CITY OF KITCHENER Members of Council then discussed the matter and the delegation responded to several questions. Councillor T. Galloway commented that it was his view Council had been extremely fair in its attempt to accommodate Mr. Zivkovic. In this regard, a deadline had been set and three extensions given. Councillor J. Ziegler stated that he was opposed to the Committee recommendation since other requests for exemption were granted and Councillor Jake Smola supported this viewpoint. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That Clause #9 of the report of the Finance and Administration Committee of this date be adopted." A recorded vote was requested. In Favour: Councillors John Smola, J. Haalboom, T. Galloway, B. Vrbanovic, G. Lorentz, and C. Weylie. Contra: Mayor C. Zehr and Councillors J. Ziegler, K. Taylor-Harrison and Jake Smola. Motion Carried. Mr. Chris Pidgeon, Green Scheels Pidgeon Planning Consultants appeared as a delegation in support of clause #2 of the report of the Planning and Economic Development Committee of this date. Councillor J. Haalboom stated that she understood that a number of trees had to be removed to accommodate the development respecting clause #2. She was advised that 100 sixty foot high trees would be removed and replaced with 150 new trees and 900 shrubs. In response to Councillor B. Vrbanovic, Mr. J. Hancock advised that the Fire Department concurred with the exemption request. Moved by Councillor C. Weylie Seconded by Councillor J. Haalboom "That Clause #2 of the report of the Planning and Economic Development Committee of this date be adopted." Carried. Moved by Councillor C. Weylie Seconded by Councillor J. Haalboom "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Mayor C. Zehr indicated that the draft resolution of CAW of Canada referred to in Clause #1 had been discussed with Mayor Jane Brewer of Cambridge with the intent of dealing with any sensitivities the resolution might pose with regards to the Toyota Manufacturing operation in Cambridge. He advised that officials of Toyota expressed a concern that the draft resolution did not differentiate between automobile manufacturers with assembly plants and those companies that simply import manufactured automobiles. He referred to the slightly revised resolution that he had prepared and circulated this date and explained the revisions he had proposed. Councillor T. Galloway was of the view the issue should be referred to the next Finance and Administration Committee meeting and an invitation be extended to allow representatives of CAW and the Parts Manufacturers Association to again make representations. Councillor J. Haalboom supported Councillor Galloway in this regard. Councillor J. Ziegler cautioned Council that it was arguing an issue under the jurisdiction of Federal law and he did not support bringing in various groups to debate an issue over which the municipality had no jurisdiction. Mayor C. Zehr indicated he would contact officials of CAW, the Autoparts Manufacturers Association and Toyota with regard to the further consideration of this matter. On motion by Councillor T. Galloway, seconded by Councillor J. Haalboom, it was agreed to amend Clause #1 so as to refer the matter to the Finance and Administration Committee April 6 meeting for further discussion. In regard to Clause #7 of the report, Council was in receipt of a memorandum dated March 30, 1998 from Ms. V. Gibaut requesting the clause be amended by re-dating the Offer to March 30 and noting that the MARCH 30, 1998 COUNCIL MINUTES - 170- CITY OF KITCHENER Offer had been submitted by Peter Waters rather than Peter Waters In Trust. On motion by Councillor C. Weylie, seconded by Councillor J. Haalboom, it was agreed to amend Clause #7 of the report as requested. The report was then put to a vote. Clause 1 & 7 - Carried (As Amended). Clause 2 - Dealt with under delegations and Carried. Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." In reference to Clause #11 of the report, Councillor J. Ziegler advised that he was opposed on the basis that the matter was a Regional event rather than a local one. Councillor G. Lorentz commented that what the issue represented was a world-class event that would provide effective promotion for the City of Kitchener. Councillor T. Galloway stated that he was opposed to clause #14 of the report as it was his view the municipality should not be granting or funding matters relating to school board issues and he suggested that it was a dangerous precedent. The report was then put to a vote. Voted on clause by clause. Clause #14 - (Motion Lost) Balance of report - Carried. Moved by Councillor Jake Smola Seconded by Councillor J. Ziegler "That the report of the Environmental Committee of Council of this date be adopted." Councillor T. Galloway referred to clause #3 of the report and pointed out that a presentation had been given by Mr. James Moore dealing with the future of hydrogen as an energy source and as an answer to the reduction of carbon dioxide emissions. He stated that the issue was extremely important to the City because of the City's Gas Utility and that the hydrogen issue represented both a threat and a potential opportunity for the future of the utility. He suggested that commercial production of hydrogen fuel was only in the range of five to ten years in the future. The report was then put to a vote and Carried. 4. 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." At the request of Councillor Jake Smola, Councillor B. Vrbanovic provided an update with respect to clause #3 of the report dealing with the sale of media bingo cards. Councillors Jake Smola and B. Vrbanovic requested to be recorded as being opposed to clause #1 of the report. The report was then put to a vote. Voted on Clause by Clause. COUNCIL MINUTES MARCH 30, 1998 - 171- CITY OF KITCHENER Clause #9 - Dealt with under delegations and Carried on a recorded vote. Balance of report - Carried. Moved by Councillor J. Haalboom Seconded by Councillor John Smola "That the report of the Heritage Kitchener (Local Architectural Conservation Advisory Committee) be adopted." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor John Smola "That the report of the Public Works and Transportation Committee of this date be adopted." A motion by Councillor B. Vrbanovic, seconded by Councillor John Smola to amend clause #3 of the report to add the Manager of Engineering Development to the list of staff designated to issue Stop Work Orders was agreed to. The report was then put to a vote. Voted on Clause by Clause. Clause #3 - Carried (As Amended). Balance of report - Carried. Councillor B. Vrbanovic referred to the Provincial Government's proposed municipal referendum legislation and proposed a motion, seconded by Councillor John Smola requesting staff to prepare a report on any concerns with the content of the referendum legislation to be reported back to City Council within the timeframe for consultation set by the Province. Councillor Vrbanovic expressed concern with regard to the administration and cost that would be required to conduct municipal referendums as set out in the legislation. Councillor J. Ziegler was of the view that the Association of Municipalities of Ontario should take the lead on this Province-wide issue and that the City should ask AMO for its view-point to which the City could then respond. Mr. R.W. Pritchard advised Council that a recent AMO Alert Bulletin had been received and distributed to Council pointing out that there was a very short timeline to respond on this matter. The motion of Councillor B. Vrbanovic requesting a staff report was put to a vote and lost. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That Mr. R.W. Pritchard, City Clerk, be requested to correspond with the Association of Municipalities of Ontario to obtain their position on the Province's Municipal Referendum Legislation and present their response to City Council for its consideration." Carried. Councillor J. Haalboom advised that she wished to address the matter of how the City was managing its tree resources given that 100 mature trees were being lost in allowing the Emanuel Village Homes Project to proceed. She requested that staff provide a report on all woodlots and the zoning of them. Mr. T. McCabe advised that a woodlot inventory had been prepared 1 1/2 years ago and commented on the issue of zoning and development rights of property owners. Mr. T. Clancy noted that the woodlot inventory did not deal with zoning given that the issue that was addressed was the quality of woodlots and the rating of primary woodlots. With respect to the Emanuel Village's site, he advised that the development proposal had been reviewed indepth and Councillor B. Vrbanovic confirmed that the City's tree management control practices were applied when evaluating that development. Councillor T. MARCH 30, 1998 COUNCIL MINUTES - 17~- CITY OF KITCHENER Galloway suggested that the City might lobby the Province for greater protection of such woodlots as that that existed at the Emanuel Village site. Councillor J. Smola suggested that the issue raised by Councillor J. Haalboom could be reviewed by the Environmental Committee and direction was given to refer the matter to the Environmental Committee. Councillor John Smola pointed out that roving monte carlo events will cease to be legal as of March 31, 1998 and requested that staff provide an update on this matter at the next meeting of the Finance and Administration Committee. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to change the name of a certain street in the City of Kitchener (b) Being a by-law to adopt Amendment No.12 to the Municipal Plan - R. Eckhardt - East Avenue-No. 97/08/E/JW (c) Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Rene and Rita Eckhardt - East Avenue - No.97/18/E/JW (d) To confirm all actions and proceedings of the Council (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - James & Leslie Bott - Fairfield Avenue - No.971221FIZJ and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to adopt Amendment No.12 to the Municipal Plan - R. Eckhardt - East Avenue-No. 97/08/E/JW (By-law No. 98-35) (b) Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Rene and Rita Eckhardt - East Avenue - No.97/18/E/JW (By-law No. 98-36) (c) To confirm all actions and proceedings of the Council (By-law No. 98-37) (d) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - James & Leslie Bott - Fairfield Avenue - No.971221FIZJ MARCH 30, 1998 COUNCIL MINUTES - 173- CITY OF KITCHENER (By-law No. 98-38) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That the CAW Canada request for Kitchener City Council to endorse a draft resolution urging the Federal Government to reverse its recent decision on elimination of tariff on auto parts and cease any action leading to the elimination of auto tariffs on vehicle assembly be deferred and referred to the Finance and Administration Committee April 6, 1998 meeting for further discussion of potential changes to the proposed resolution submitted by Mayor C. Zehr this date. (As Amended) That the request of Emmanuel Village Homes (Kitchener Inc.), for an exemption from Clause 1.c)iii) of Council Policy 1-652, which requires a maximum length for an internal driveway in multiple residential developments to be 150 metres from a public right-of-way to the furthest point of development, be approved provided the maximum length of the internal driveway does not exceed 185 metres. (Dealt with under delegations and Carried) 1) That Council recommend to the Ontario Municipal Board, the following modifications to Draft Plan approval of Plan of Subdivision 30T-94009 (JHS Properties Inc.): a) That the revisions shown on the attached Plan of Subdivision dated "Revised March 17, 1998" be approved and that the draft approval apply to this revised plan showing the following: i) the deletion of Block 5 (Stage 4), a drainage corridor; ii) a minor shifting of the location of Block 11 (Stage 8); iii) an adjustment to the boundary of the Plan of Subdivision to delete a small block from Stage 7; iv) a minor change to the staging boundary between Stages 1 and 11 on Fall Harvest Drive; b) That Condition 50 be revised to delete the date "November 28, 1996" and replace it with the date "Revised March 17, 1998". c) That Condition 70 be revised such that the list of owner/developers who will be party to the agreement related to well monitoring be restricted to the following: "30T-94008 (Krizsanderson Developments Ltd.) 30T-94009 (JHS Properties Inc.)" d) That the preamble to Condition 75a) be revised to read as follows: "In the event Fall Harvest Drive and Pioneer Tower Road (new) in Stages 11 and 12 are not open to vehicular traffic at such time as the Subdivider wishes to obtain building permits for any stage other than Stages 1, 2, 3, 4 or 5, the Subdivider shall construct an alternate second means of access which will connect to Pioneer Tower Road, as set out below:..." e) That Condition 95, which requires the conveyance of the drainage block (Block 5 Stage 4), be deleted in its entirety. f) That all references in the draft approval to Block 6 (Stage 4) and Block 7 (Stage 4) be changed to Block 5 (Stage 4) and Block 6 (Stage 4) respectively. g) That Condition 63 be revised to add the following at the end of the condition: "Reserves are not required between abutting stages registered concurrently." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) Cont'd 2) That Council approve a request from the Grand Hill Village Neighbourhood Association to change the proposed name of the local street in Stages 11 and 12 from "Pioneer Tower MARCH 30, 1998 COUNCIL MINUTES - 175- CITY OF KITCHENER COUNCIL MINUTES MARCH 30, 1998 - 175- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Road" to "Pioneer Ridge Drive". 3) That Council recommend to the Ontario Municipal Board, the following modification to Draft Plan approval of Plan of Subdivision 30T-94008 (Krizsanderson Developments Ltd.): a) That Condition 62 be revised such that the list of owner/developers who will be party to the agreement related to well-monitoring be restricted to the following: "30T-94008 (Krizsanderson Developments Ltd.) 30T-94009 (JHS Properties Inc.)" 4) That Council recommend to the Ontario Municipal Board, the following modification to Draft Plan approval of Plan of Subdivision 30T-94017 (Maple Manor Ltd.): a) That Condition 65, requiring Maple Manor Ltd to be party to a joint well- monitoring agreement, be deleted. 5) That Council recommend to the Ontario Municipal Board, the following modification to Draft Plan approval of Plan of Subdivision 30T-95016 (346874 Ontario Ltd.): a) That Condition 62, requiring 346874 Ontario Ltd. (Vista Ridge) to be party to a joint well-monitoring agreement, be deleted. 6) That Council direct the City's Legal Department to prepare supplementary Residential Subdivision agreements incorporating the revisions following Ontario Municipal Board approval, to be executed and registered on title of the respective properties. It is the opinion of this Committee that the Modifications to Draft Plan approval of these Plans of Subdivision are proper planning for the City. That Zone Change Application ZC 97/22/F/ZJ (James and Leslie Bott) requesting a change in zoning from Residential Four Zone (R-4) to Residential Five Zone (R-5) according to By-law 85-1 on lands legally described as Lot 13 and Part of Lot 14, Registered Plan 736, be approved, in the form shown in "Proposed By-law" attached, dated February 17, 1998 without conditions. It is the opinion of this Committee that approval of this recommendation is proper planning for the City and is in conformity with the City's Municipal Plan. That Zone Change Application ZC 97/16/D/ZJ (1090596 Ontario Inc.) be deferred and referred to the April 6, 1998 Planning and Economic Development Committee meeting for further consideration. That City Council approve Municipal Plan Amendment Application MP 97/1 I/H/BN (Housekeeping Revisions) being an amendment to change portions of Map 5 - Land Use Plan of the Municipal Plan, namely: SECTION 4 - THE AMENDMENT That Map 5 - Land Use Plan of the City of Kitchener Municipal Plan is amended as follows: (a) The land use designation of the property bounded by C.N Railway, Strange Street, Dominion Street and Park Street, as shown on Map 1 of this Amendment, is changed from Low Rise Residential to Comprehensive Development Area. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. Cont'd MARCH 30, 1998 COUNCIL MINUTES - 176- CITY OF KITCHENER COUNCIL MINUTES MARCH 30, 1998 - 176- CITY OF KITCHENER (b) REPORTS ADOPTED BY COUNCIL The land use designation of 800 Ottawa Street South, as shown on Map 2 of this Amendment, is changed from Municipal Services and Public Utilities to Service Commercial. (c) The land use designation of the properties on Karn Street, as shown on Map 3 of this Amendment, is changed from Medium Rise Residential to Low Rise Residential. (d) The land use designation on the rear of the properties on Lancaster Street West, as shown on Map 4 of this Amendment, is change from Community Commercial to Open Space. (e) The land use designation of the properties on Margaret Avenue, as shown on Map 5 of this Amendment, is changed from General Industrial to Low Rise Residential. (f) The land use designation of the land at the corner of Fairway Road and Morrison Road, as shown on Map 6 of this Amendment, is changed Low Rise Residential to Open Space. (g) The land use designation on 419 Highland Road West, as shown on Map 7 of this Amendment, is changed from Low Rise Residential to Neighbourhood Commercial. It is the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. That the City accept, and the Mayor and Clerk execute an Offer to Purchase dated March 30, 1998 submitted by Peter Waters with respect to Part 14 of Reference Plan 58R-5840 or otherwise known as Site 119 in Phase II of the Huron Business Park for a total purchase price of $149,250 based on 1.99 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. (As Amended) That Mr. Steve Bongelli be appointed to the Safe City Committee for a term to expire November 30, 1998. COMMUNITY SERVICES COMMITTEE - That we support the National Communities in Bloom Competition by contributing $10,000.00 towards the committee's $30,000.00 budget with this funding to be included in the 1998 Capital Forecast, and further, That the Communities in Bloom Committee be encouraged to raise $20,000.00 through sponsorship. That staff be directed to take the necessary action to revise our present Cemetery Tariff of Charges to incorporate a fee of $175.00, which would be the additional fee charged for the completion of a cremation on any Sunday or statutory holiday. That the Mayor and Clerk be authorized to sign an agreement with Michael Martz, substantially similar to the draft agreement dated March 11, 1998, satisfactory to the City Solicitor. That Council delegate to the Supervisors of Doon Valley and Rockway Golf Courses, and in their absence the Manager of Cemetery and Golf Operations, the authority to sign the Golf Course Facility Rental Agreement, as prepared by the Legal Department, dated March 1998, and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) 4. (Cont'd) MARCH 30, 1998 COUNCIL MINUTES - 177- CITY OF KITCHENER COUNCIL MINUTES MARCH 30, 1998 - 177- CITY OF KITCHENER 10. 11. 12. 13. 14. REPORTS ADOPTED BY COUNCIL That, in the event the applicant requests changes to any condition of the Golf Course Facility Rental Agreement, the agreement must be reviewed by the Legal Department and, if appropriate, brought before Council. That the City of Kitchener host the 31st Annual Athletic Awards Banquet on or about February 26th, 1999, utilizing the same format as the 1998 Banquet, and further, That the same amount of funds be included in the 1999 budget as in 1998, in order to recognize an estimated 300 athletes. That a master plan be prepared for the Topper Woods area to deal with the inclusion of community trails and the protection of the environmental features, as identified in the Region of Waterloo's ES.PA. designation criteria, and further, That all trail construction be in accordance with the master plan for Topper Woods. That staff be directed to include in the 1998 Capital Budget, the dollars necessary for office renovations at either Kitchener Public Library or the former Information Services space, for use by Centre Ward Neighbourhood Associations, and further, That staff be directed to include $10,000.00 in the 1998 Operating Budget to cover the cost of programming space and telephone costs for Centre Ward Neighbourhood Associations. That we approve the request of the Waterloo County Quilt Festival for a grant in the amount of $2,000.00 to assist with their festival being held from May 16 - 31, 1998. That we approve the request of the Kitchener-Waterloo Sidewinders Sledge Hockey Club for a one time in-kind grant, in the amount of $1,800.00, to assist with the cost of ice rental at the International Sledge Hockey Tournament and Senior Canadian Championship to be held from March 18 - 21, 1999, and further, That this grant be allocated from the 1999 grant account. That we approve the request of Vivian Berkeley for a cash grant in the amount of $1,000.00 to assist with the travel expenses to attend the World Championship and Paralympic Lawnbowling qualifier in South Africa in August 1998. That we approve the request of the Association for Living Historical Farms and Agricultural Museums, for a one time cash grant in the amount of $2,500.00 to assist with the Association's 27th Annual Meeting and Conference, to be held at the University of Waterloo from June 21 -25, 1998. That we approve the request of the Golden Triangle Rose and Garden Society for an in-kind facility rental grant in the amount of $400.00 for use of the Breithaupt Centre for their annual show, and further, That the Golden Triangle Rose and Garden Society explore other funding sources. That we approve a one time grant, in the amount of $250.00, for A Celebration of Refugee Sponsorship Planning Committee, to assist with the cost of Rotunda rental on April 5, 1998. That we approve a one time grant for the Waterloo Education Foundation History Fair, for the local history category, in the amount of $250.00. (Motion Lost) COMMUNITY SERVICES COMMITTEE - (CONT'D) MARCH 30, 1998 COUNCIL MINUTES - 178- CITY OF KITCHENER COUNCIL MINUTES MARCH 30, 1998 - 178- CITY OF KITCHENER 15. REPORTS ADOPTED BY COUNCIL That we approve an in-kind grant for the Heart and Stroke Foundation of Ontario, in the amount of $176.34, to assist with the rental of the Rotunda and other services for their event which took place on January 30, 1998. 16. That no action be taken on the request of the Waterloo Region District School Board for an in-kind grant in the amount of $274.25 to assist with rental of the City Hall Rotunda on May 22, 1998. 17. That no action be taken on the request of the Concordia Club - 125 Year Celebration for a grant in the amount of $2,820.40 for rental of the Rotunda, Duke Street Lobby, Civic Square and the Heritage Room from June 20 - 21, 1998. ENVIRONMENTAL COMMITTEE - That Regional Engineering and City Parks and Recreation Staff inventory Regional Roads in the City of Kitchener and identify opportunities for additional tree planting; and further, That planting in the areas identified be carried out on a priority basis as funding permits. That we authorize pre-budget approval of a grant in the amount of $300.00 to "Smogbusters" from the Environmental Committee's 1998 Special Promotions budget, subject to Smogbusters providing documentation evidencing that sufficient financial commitment from other organizations is in place to undertake the "Smogbuster Campaign 1998" as described in the written submission of Mr. Daniel Rainham presented to the Environmental Committee on March 4, 1998. That the Environmental Committee receive the CO2 Reduction Project Interim Report dated January 9, 1998 as information and endorse, in principle, further investigation towards conversion to a hydrogen based community. FINANCE AND ADMINISTRATION COMMITTEE - That notwithstanding the pit bull prohibitions in Chapter 530 (Dogs) of the Municipal Code, and amendments, Council grant the request of Roy Aitchison, Rare Breed Club of Southwestern Ontario, for an exemption to said Chapter to allow the showing of American Pit Bull Terriers at the Kitchener Memorial Auditorium on May 16 and 17, 1998; and further, That the above is subject to the operators providing the Humane Society, in advance of the show, with a list of the individuals who will be bringing and handling the Pit Bull Terriers, as well as this breed being muzzled and kept on a short leash while outside of the Auditorium premises. That the Mayor and Clerk be authorized to execute all necessary documents, to the satisfaction of the City Solicitor, relative to participation in an Insurance Pooling Arrangement as of April 1, 1998 or as soon thereafter as is practical, with the above subject to confirmation that the re-insurance placement is completed on terms substantially similar to those outlined in the letter report of Dion Durrell and Associates (March 17, 1998) as appended to the report of P. Houston (March 18, 1998) and involving a total cost of approximately $1.5 million per year, including reinsurance protection as well as fronting costs. That consideration of the request of Mr. Joe Runge, Kitchener Pioneer Lions Club to sell media bingo cards in Kitchener, be deferred pending a meeting of the Twin Cities Committee to be convened as soon as possible, and that the request and any recommendations/comments arising from this meeting be referred to the April 6, 1998 meeting of the Finance and Administration Committee. That the Herb Fair and Handwerk event to be held at the Joseph Schneider House on May 2 and August 22, 1998 be exempt from the City's Licensing By-laws. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) MARCH 30, 1998 COUNCIL MINUTES - 179- CITY OF KITCHENER COUNCIL MINUTES MARCH 30, 1998 - 179- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Firefighters' Muster to be held at Doon Heritage Crossroads on May 23, 1998 be exempt from the City's Licensing By-laws. That Council be presented with a by-law to licence untravelled portions of highways, with said by- law to establish a licence fee of $200.00 for an extension of use of a valid licenced place of refreshment, the existing operation of which consists of 20 seats or more. That notwithstanding the proposed changes to the Ontario Building Code Act and Regulation relating to Part VIII, Private Sewage Systems, the City of Kitchener hereby agrees to enter into an agreement with the Regional Municipality of Waterloo's Health Unit for the continuation of the review, approval and administration of private sewage systems for an interim period of one year ending March 1999; and further, That the Mayor and Clerk be authorized to execute said agreements to the satisfaction of the City Solicitor. That the following projects as outlined in the report of E. Kovacs dated March 18, 1998, be given pre-budget approval; namely, King Street East/Cedar Street reconstruction; Krug Street reconstruction; Victoria Street storm and sanitary outlets; and, the City's 1998 Street Resurfacing Program. That no action be taken in regard to the four possible relocation options for Anabella's Massage Studio outlined in the report of J. Koppeser dated March 17, 1998. (Dealt with under delegations and carried on a recorded vote) HERITAGE KITCHENER (L.A.C.A.C.) - That we approve the request of the owner to alter the designated property municipally known as 119 Arlington Boulevard (Woodland Cemetery) to restore the stone stairs at the front of the Catholic Mausoleum, as presented to Heritage Kitchener on March 6, 1998; and further, That the owner give consideration to the material of and replacement of the stair railing. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the Contractor(s) for the King Street East, (Scott Street to Cedar Street), and Cedar Street, (Charles Street to King Street), reconstruction, City of Kitchener Contract T98-25, be exempted from the provisions of Chapter 450, Noise, of the City of Kitchener Municipal Code, Article 6, Construction Work, for the duration of reconstruction of King Street East and Cedar Street, plus other related activities, beginning April 27, 1998 and concluding September 30, 1998, and that the exemption apply from 6:00 p.m. to 9:00 p.m., Monday to Friday, excluding Statutory Holidays. That parking be prohibited anytime on the west side of Bankside Drive, from Fischer-Hallman Road to Oprington Drive, and further, That the Uniform Traffic By-law be amended accordingly. That the City of Kitchener adopt the policy, as presented to the Public Works and Transportation Committee on March 23, 1998, regarding construction and work area traffic control signing, and further, That the City of Kitchener develop a 'Stop Work Order' process, empowering designated staff to enforce the requirements of the 'Traffic Control Manual for Roadway Work Operations' at construction work sites on municipal rights-of-way within the City of Kitchener, and further, PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) MARCH 30, 1998 COUNCIL MINUTES - 180- CITY OF KITCHENER COUNCIL MINUTES MARCH 30, 1998 - 180- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 3. (Cont'd) That the following City of Kitchener staff, or their designates, have the authority to issue 'Stop Work Orders' to any City crew or private contractor not providing traffic control signing in accordance with the 'Traffic Control Manual for Roadway Work Operations', namely: · General Manager, Public Works · Assistant General Manager, Public Works · Director, Traffic and Parking; and further, That the following City of Kitchener staff be designated to issue 'Stop Work Orders' to any City crew or private contractor working on a project under his/her responsibility not providing traffic control signing in accordance with the 'Traffic Control Manual for Roadway Work Operations', namely: · Manager of Engineering Development · Manager of Operations, Utilities · Manager of Operations, Public Works · Manager of Parks Operations · Manager of Engineering Rehabilitation · Manager of Design and Construction · Design and Construction Engineer · Supervisor of Traffic Operations · Traffic Project Co-ordinator; and further, That Chapter 827, Excavations Within Highways, of the City of Kitchener Municipal Code be amended as required. (As Amended) That, subject to no action being taken prior to the finalization of the 1998 Budget, 2 self- contained vacuum leaf loaders be purchased for leaf collection purposes at an estimated cost of $100,000.00 to be charged to the Equipment Reserve Fund, and further, That Council endorse the operation of an evening shift for leaf collection, if required, between the hours of 3:00 p.m. and 11:00 p.m. during peak leaf collection periods, and further, That the staff of the Department of Public Works be directed to investigate other options which would improve the overall Leaf Collection Program in the City of Kitchener. That Route 2 - Forest Hill be relocated from Forest Hill Drive and Birchcliff Avenue to Fischer- Hallman Road and Greenbrook Drive, and that such change be implemented coincidental with summer sign-ups. That the Utilities Division implement the revised disclosure requirements, as presented to the Public Works and Transportation Committee on March 23, 1998, for agents, brokers and marketers soliciting customers for direct purchase arrangements for their natural gas provisions. MARCH 30, 1998 COUNCIL MINUTES - 181 - 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. Exemption Request (Piqeons) - Chapter 408 - Municipal Code - GRAND RIVER WARD It was resolved: "That in accordance with the City's Animal Regulation Bylaw, known as Chapter 408 of the Municipal Code, Council approve Peter Kackovic's request for an exemption under Section 408.2.6 and hereby grants him permission to keep pigeons for sporting purposes at his property known as 46 Hampton Place in Kitchener." 2. Minutes of Settlement - BRIDGEPORT-NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" relating to the assessment appeal for Waterloo North Condominium Corporation Plan #165, Unit #6-100 Campbell Avenue, Kitchener, launched by Henry Draus and settled by the Regional Assessment Commissioner for Region #21 and Henry Draus. - and - "That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" relating to the assessment appeal for Waterloo North Condominium Corporation, Plan #165, Unit #7- 100 Campbell Avenue, Kitchener, launched by The Parkdale Group Inc. and settled by the Regional Assessment Commissioner for Region #21 and The Parkdale Group Inc." 3. Promotion Support It was resolved: "That in recognition of the importance of reducing noise pollution and its damaging effect on health, Kitchener Council indicate its support of NoiseWatch in promoting the third "International Noise Awareness Day" on April 29, 1998." 4. Licenses It was resolved: "That 1998 Permanent Vendor Licences be issued to Christopher Andrew Bogle and Grzegorz Chmiel." -and- "That a 1998 Massagist Licence be issued to Elizabeth Rocha." -and- "That the following massagists be granted Massagist licences for the year 1998: Barbara Pauli Melissa MacDonald Brenda Butler." COUNCIL MINUTES MARCH 30, 1998 - 182 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Execution of Engineering Contract - SOUTH WARD Mr. T. McCabe agreed to advise Councillor T. Galloway of the location of the White Sands Court Subdivision. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and K.J. Behm & Associates Inc., regarding White Sands Court Subdivision, Draft Plan of Subdivision 30T- 97009." 6. Resolution - Auto Pact This item was dealt with under clause #1 of the report of the Planning and Economic Development Committee of this date. Action was deferred and the matter was referred to the Finance and Administration Committee April 6th meeting. 7. Corporation of the City of Kitchener Standard Life Pension Plan It was resolved: "That staff prepare an application to the Pension Commission Ontario for consent to: a) withdraw the surplus in the Corporation of the City of Kitchener Standard Life Pension Plan; and b) amend the Plan to provide for the indexing of all pensions accrued prior to January 1, 1978; and further, That staff send notices to all members of the Plan requesting their consent to the foregoing." Prior to consideration of this matter, the following pecuniary interests were disclosed: Councillor John Smola abstained from all discussion and voting as his brother is employed by the Kitchener Fire Department and Councillor Jake Smola abstained from all discussion and voting as his father is employed by the Kitchener Fire Department. Execution of the Implementation and Acceptance Aqreement and deleqation of authority re Project Summary, attached as Appendix "A" thereto, pertaininq to the Application and Permit Tracking System It was resolved: "That the Mayor and Clerk be authorized to execute the formal portion of CSDC Systems Inc.'s Implementation and Acceptance Agreement, satisfactory to the City Solicitor, pertaining to the Application and Permit Tracking System; and further, That Council delegate to the Director of Information Services the authority to sign, on behalf of the Corporation of the City of Kitchener, the Project Summary and any subsequent amendments required thereto, attached as Appendix "A" to the formal portion of the Implementation and Acceptance Agreement." 9. Appointment to Kitchener-Waterloo Art Gallery Following some discussion, it was suggested that a new appointment would be highly desirable particularly in terms of gaining access to the Executive Committee of the Art Gallery. MARCH 30, 1998 COUNCIL MINUTES - 183- CITY OF KITCHENER COUNCIL MINUTES MARCH 30, 1998 - 183- CITY OF KITCHENER MARCH 30, 1998 REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES - 183 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) On motion by Councillor C. Weylie - It was resolved: "That Councillor Jean Haalboom be appointed to the Board of Directors of the Kitchener- Waterloo Art Gallery for a term expiring November 30, 1998." 10. Injured Workers Day of Mourning On motion by Councillor G. Lorentz - It was resolved: "That flags be lowered to half mast on all municipal facilities on April 28, 1998 in recognition of a day of mourning for workers killed or injured as a result of occupational accidents; and further, That we permit the Canadian Labour Congress (CLC) Day of Mourning flag to be flown at half mast at City Hall on April 28." 11. Various Tenders The tenders were dealt with under delegations. 12. Committee of Adjustment - Application for Variance, Chapter 630 (Fence) - CENTRE WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of March 3, 1998, recommending approval of Submission No. F 1/98 - Janice Korn - Be Ratified and Confirmed." 13. Licences It was resolved: "That the following massagists be granted Massagists licences for the year 1998: Michelle Huber Kelly McAndrew." 14. Charitable Refreshment Stand Licences It was resolved: "That the Kitchener-Waterloo Skating Club, 99 Seagram Drive, Waterloo, Ontario N2L 3B6, be granted permission to operate two refreshment stands, one at each of the Zehrs locations, Hiway Centre and Forest Glen Plaza, Kitchener, on the following dates: COUNCIL MINUTES MARCH 30, 1998 - 184- CITY OF KITCHENER COUNCIL MINUTES MARCH 30, 1998 - 184- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL May 22-24, 1998; June 5-7, 1998; June 19-21, 1998; June 26-28, 1998; July 10-12, 1998; August 14-16, 1998; September 4-6, 1998; September 11-13, 1998; October 9-11, 1998; October 30-31, 1998 and November 1, 1998, inclusive, provides that the necessary Licence and Health and Fire approvals are obtained, and the fee of $10 be applicable for each location." COUNCIL MINUTES MARCH 30, 1998 - 184 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 15. Charitable Refreshment Stand Licence It was resolved: "That the 45th Kitchener Scout Group, Kitchener, Ontario, be granted permission to operate a refreshment stand, at the Country Hills Community Centre, Rittenhouse Road, Kitchener, on April 26, 1998, provided that the necessary Fire and Health and Licence are obtained; and further, That the nominal fee of $10 be applicable." Councillor T. Galloway questioned if it was possible that Council consider delegating authority to staff to deal with charitable refreshment stand licences. Direction was given that a report be presented to Finance and Administration Committee at its next meeting dealing on this issue.