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Home My WebLink AboutCouncil Minutes - 1998-05-04COUNCIL\1998-05-04 MAY 4, 1998 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by the Transylvania Club Choir, after which Mr. Hans Gross, President of the Transylvania Club, thanked Council for the opportunity to perform. Councillor John Smola then thanked the Choir for their rendition of the national anthem. On motion by Councillor C. Weylie, the minutes of the regular meeting held on April 14, 1998, and special meetings held on April 14, 20 and 27, 1998, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS - N I L Councillor G. Lorentz acknowledged the contribution of the Kitchener Downtown Business Association (KDBA) and its members in regard to development and funding of the ice rink in Civic Square. He referred to the rink as a feature of the Downtown and a focal point for special events, noting the previous $25,000 donation toward the purchase of an ice machine, and the $40,000 contribution over four years for maintenance of the rink. Mayor C. Zehr presented a Certificate of Appreciation to KDBA members Robert Braun, Doug Marshman and Mary Drandzyk, in recognition of the Association's generous contribution toward the Civic Square skating rink. Mr. Robert Braun thanked Council for the award and for its foresight in including the rink and reflecting pool as part of the City Hall design. He also thanked Council for its ongoing efforts in support of the Downtown. The following individuals received Awards of Merit and Certificates of Service in recognition of their serving on special Committees, Boards and Commissions under the jurisdiction of City Council. The majority were in attendance this date and received Awards/Certificates presented by Mayor C. Zehr and several members of Council. Mayor Zehr thanked the volunteers for their untiring efforts and acknowledged their meaningful contribution to the community. Awards of Merit Certificates of Service Susan Milne Eric Bow Dr. Derek Wyse Peter Ruehlicke Al Asmussen Patricia Weber Robert Ziegler Doug Marshman Gordon Strauss Rosemary Pell Susan Deborah Budd Alan Daniel Patrick Simmons Betty Recchia McConnell Atso Saarkoppel James Gothard David McKnight Claire Forster Carmen Caccioppoli Stuart Janzen Sherry Wolf John Kroger Dr. Gary Goeree Bruce Harper Shariff Aidaruse Claudine Dey Joseph Lovell Pat Costigan Darwin Witmer Harry Tasker Garry Logel Alan Richardson Bryan Stortz Ms. Alison Schmidt, Chair of the Civic Contribution Committee, was in attendance to assist in the presentation of United Way Appreciation Certificates to individuals who served on the Contribution Committee or as canvassers. Ms. Schmidt noted a 44% increase over 1997 contributions and presented Mayor C. Zehr with a plaque commemorating 1998 charitable contributions of approximately $62,000. Ms. Schmidt thanked the following individuals for their volunteer efforts as Committee members and/or canvassers and Mayor C. Zehr presented those in attendance with Certificates of Appreciation. Alison Schmidt Scott Gibson Elaine Barton Kimberly Bimm Darrell Ford Sandi McCarthy Tim Elgie Jeannie Murphy Jacky Eng Tanya Postma Lucy Kruse Richard Clark Roger LeBrun Kevin Hillgartner Pam Rockel Murray Helmka Christa Stadelbauer Lesley Dair Helene Stevens Kathy Clegg Ms. Schmidt extended a special thanks to Mr. J. Gazzola for his ongoing encouragement and assistance. Mayor Zehr extended thanks on behalf of Council and commended all those involved. COUNCIL MINUTES MAY 4, 1998 - ~70- CITY OF KITCHENER Mr. S. Gyorffy introduced Mr. Rob Asselstine, Oldies 1090-CFCA-FM, who was in attendance to present a "Gold Award" for a recent City radio commercial encouraging the use of recyclable paper bags for leaf collection. Mr. Asselstine played an audio tape of the commercial, noting that it was one of approximately 9,000 radio commercials created in 1997. He then presented the award to Councillor John Smola, Chair of the Public Works and Transportation Committee. 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. In addition, Council was circulated this date with three recommendations in regard to the following: Expression of Interest E98-34 (Prequalification of General Contractors - Fire Department Headquarters); Tender T98-1 (Concrete Sidewalk and Curb Construction and Repairs); Tender T98-2 (Road and Surface Construction). Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi "That Tender T98-19, Krug Street Reconstruction (Rose Street To Lydia Street), be awarded to 969774 Ontario Limited, o/a Elgin Construction, St. Thomas, Ontario, at their adjusted tender price of $1,187,446.67, including G.S.T." -and - "That Expression of Interest E98-32, Consultant Services - Idlewood Sewage Pumping Station Rehabilitation, be awarded to Totten Sims Hubicki Associates, Waterloo at an upset fee of $13,600., plus G.S.T." -and- "That tender T98-33, Ultra Enterprise Server, be awarded to SIlL Systemhouse Company, Waterloo at their tendered price of $58,866., plus G.S.T. and P.S.T." -and- "That tender T98-22, Supply of Asphalt Emulsions, be awarded to Koch Materials, Toronto at their tendered price of $83,066.03, plus G.S.T. and P.S.T." -and- "That tender T98-36, Ready Mix Concrete, be awarded to Cross Country Concrete Ont. Ltd., Heidelberg, Ontario at their tendered price of $113,385., plus G.S.T. and P.S.T." -and- "That tender T98-20, Supply of Miscellaneous Aggregates, be awarded to Forwell Limited, Kitchener, Warren Bitulithic Limited, Kitchener, Kieswetter Holdings Limited, Kitchener, B&B Kieswetter Excavating Inc., Kitchener, Preston Sand & Gravel, Kitchener and Lafarge Construction Materials, Guelph at their tendered unit prices, plus G.S.T. and P.S.T." -and- "That tender T98-21, Supply of Hot Mix Asphalt, be a split award to Forwell Limited, Kitchener and Kitchener Asphalt Limited, Kitchener at their tendered unit prices." -and- "That Expression of Interest E98-34, Prequalification of General Contractors - Fire Department Headquarters, be approved and that the following list of General Contractors be issued tender packages for the project: Aquicon Construction Co. Ltd., Brampton Ball Construction Inc., Kitchener C.R.D. Construction Ltd., Guelph Devlan Construction Ltd., Guelph D. Grant & Sons, London MAY 4, 1998 COUNCIL MINUTES - ~71- CITY OF KITCHENER MellouI-Blamey Construction, Waterloo Reid & Deleye Contractors Ltd., Courtland Tambro Construction Ltd., Guelph Van-Con General Contractors Ltd., Guelph" -and- "That tender T98-2, Road and Surface Construction, be awarded to Lafarge Canada Inc., Guelph at their tendered price of $739,121.46, including G.S.T." -and- "That tender T98-1, Concrete Sidewalk and Curb Construction and Repairs, be awarded to J. Franze Concrete Ltd., London at their corrected and revised tender price of $600,180.12, including G.S.T." Councillor T. Galloway questioned the reduction in the scope of work for Tender T98-1 involving sidewalk and curb construction and repair. Mr. Gordon replied that the tender amount came in over budget and the work was reduced by 20% to meet budget. Councillor C. Weylie questioned whether the reduction had been defined in terms of specific projects, and Mr. E. Kovacs replied that staff have yet to prioritize all the projects and will be bringing an information report to the Public Works and Transportation Committee meeting in future. Councillor J. Ziegler questioned whether staff were satisfied that the sidewalks in question could not be repaired by mudjacking, and Mr. Kovacs replied in the affirmative. The motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi to adopt the tenders before Council this date was then voted on and Carried. Mr. David Norman, Port Moody, British Columbia, appeared in regard to a discussion paper he is developing on erosion on the Grand River watershed. He indicated his interest in environmental issues, particularly stream conservation and habitat protection. He acknowledged Kitchener's commitment to environmental conservation and suggested that in the interest of further reducing stream erosion due to runoff, the City should investigate the use of permeable paving surfaces on public roadways. Mr. Norman advised that he is prepared to assist staff and share information he has collected, stressing that he is not expecting any renumeration in this regard. Mayor Zehr asked that the discussion paper referred to be forwarded to the Mayor's Office for distribution to Council. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That in the interest of further reducing stream erosion due to runoff, staff obtain information concerning the use of permeable paving stones for public roadways, and refer this issue to the Environmental Committee for discussion and review." Carried. Mr. Chris Farley, Mayor's Advisory Council on Youth, appeared and requested execution of a waiver of liability in regard to an application for a Federal grant to host Canada Day activities. Council was in receipt this date of a memorandum from L. Pasternak, Associate Solicitor, dated May 4, 1998 recommending signing of the waiver. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That the Mayor and Clerk be authorized to sign a waiver of liability required for the application by the Mayor's Advisory Council on Youth to the Federal Government's Canada Day Committee for 'start-up funds' to support the July 1, 1998 Canada Day activities to be held on City property." Carried. MAY 4, 1998 COUNCIL MINUTES -~7~- CITY OF KITCHENER Mr. Roger Lee and Mr. Steve Smallwood appeared in regard to clause #2 of the Finance and Administration Committee report of this date dealing with auto industry trade policy. Mr. Roger Lee related various facts concerning the automotive industry, noting that it was Canada's largest export industry in 1996 and accounts for approximately 12% of the manufacturing gross domestic product. He also noted that Ontario is #2 in terms of automotive industry production in North America. Mr. Lee also noted that within North America, the big three auto manufacturers employ 163,600 employees; whereas, Honda and Toyota combined employ only 7,700. He suggested that at present the worldwide automotive market is not equally accessible to all producers, noting that Korea and Japan have closed or restricted markets, while Canada and the U.S. have open markets with Canada being the most open with 75% of its vehicles imported. Mr. Lee suggested that the automotive industry is at a crossroads and Canadian jobs are at stake. He indicated his hope that the Federal government restore the full Auto Pact, implement a parts tariff, as well as a finished car tariff and work more diligently to gain greater access to foreign markets. He asked Council to reconsider the recommendation of the Finance and Administration Committee and to amend same by including previous references to the Auto Pact and auto tariffs. Mr. Smallwood referred to the speech of Mr. G. Yves Landry, Chairman, President and Chief Executive Officer of Chrysler Canada Limited, a transcript of which was circulated to members of Council this date. Mr. Greig Mordue and Mr. Adriaan Korstanje appeared on behalf of Toyota Motor Manufacturing Canada Inc., and in support of clause #2 of the Finance and Administration Committee report of this date. Mr. Mordue suggested that the recommendation constitutes a fair and balanced approach to the issue and properly reflects the contribution of Toyota and the auto industry in general. He suggested that there needs to be consideration of non-Auto Pact contributions to the auto industry. Mr. Korstanje suggested that the resolution completely respects the principles of the Auto Pact, noting that the Pact was designed to award foreign investors who locate facilities in Canada. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That clause #2 of the Finance and Administration Committee report of this date be adopted." Moved by Councillor G. Lorentz Seconded by Councillor John Smola "That clause #2 of the Finance and Administration Committee report of this date be amended to include reference to maintenance of the principle of the Auto Pact and the retaining of tariffs on vehicle assembly." Councillor G. Lorentz stressed the need to create more parts manufacturing jobs in Canada in addition to vehicle assembly. He also accepted, as a friendly amendment, a suggestion from Councillor J. Ziegler that the motion include reference to a request that the Federal government reconsider allowing Toyota to join the Auto Pact. Council then considered the amending motion, including the additional friendly amendment, of Councillor G. Lorentz, seconded by Councillor John Smola. A recorded vote was requested. In Favour: Councillors M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, J. Ziegler, T. Galloway and G. Lorentz. Contra: Mayor C. Zehr, Councillors C. Weylie, J. Haalboom and K. Taylor-Harrison. Carried. Council then considered the main motion, as amended. A recorded vote was requested. In Favour: Mayor C. Zehr, Councillors K. Taylor-Harrison, M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. COUNCIL MINUTES MAY 4, 1998 - ~73- CITY OF KITCHENER Contra: Councillor J. Haalboom. Carried. Mr. Manual Ferraz appeared in regard to clause #8 of the Planning and Economic Development Committee report of this date dealing with a zone change application from a numbered company. He asked that the zone change be granted without the two conditions in the recommendation pertaining to Committee of Adjustment consent approval. Mr. Ferraz assured Council that he would discuss the substance of any such consent application with the neighbouring property owner. Councillor J. Haalboom pointed out that Planning staff have already significantly reduced the amount of right-of-way required, and Mr. Ferraz suggested that this issue be considered as part of the site plan approval process when the amount of land he has to work with will be known He also agreed to discuss and negotiate this issue with the neighbouring property owner at that time. Mr. Ferraz expressed his concern over the use of a mutual driveway based on past experience. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause #8 of the Planning and Economic Development Committee report of this date be adopted." Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That clause #8 of the Planning and Economic Development Committee report of this date be amended so as to remove both of the conditions." Councillor J. Haalboom suggested that Mr. Ferraz's willingness to negotiate with the neighbour suggests that Council can rely on him to act in good faith. Councillor T. Galloway thanked Planning staff for investigating the issue of a shared right-of-way even though the issue remains unresolved at this time. He indicated his hope that Mr. Ferraz would have voluntarily accepted the conditions in the recommendation, as forcing these upon him would be unfair given that he does not require this particular access to develop the property. Mayor C. Zehr enquired whether removing the condition would result in any landlocked parcels, and Mr. T. McCabe replied that no elimination of access would be involved. Council then voted on the amending motion by Councillor J. Haalboom, seconded by Councillor T. Galloway, and it was Carried. Council then voted on the main motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, and it was Carried, as amended. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of this date be adopted." Councillor T. Galloway enquired as to the relationship between clause #4 of the report and the unfinished business item relative to drive-thru establishments. He noted that in regard to the latter, a report has been requested by year end and questioned whether an interim review would take place for this specific site. Mr. T. McCabe replied that interim regulation will likely be required in regard to the specific issue in clause #4 involving 350 Westmount Road West, adding that an amending by-law relative to this site will be brought back to Council for consideration. Councillor J. Haalboom referred to clause #12 of the report involving a demographics jurisdiction report and asked that in future this issue and a similar issue dealt with by the Community Services Committee be brought together for consideration on a single agenda as the items are related. Mayor C. Zehr asked Mr. T. Clancy, Acting Chief Administrative Officer, to look into the matter. MAY 4, 1998 COUNCIL MINUTES -~74- CITY OF KITCHENER The Planning and Economic Development Committee report of this date was then voted on clause by clause. Clause #8 - Dealt with under delegations and Carried, As Amended. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." In regard to clause #6 of the report, Councillor T. Galloway thanked staff for compiling the Cemeteries business plan and stressed the need to implement some of the actions in this area taken by private, multinational companies. Councillor K. Taylor-Harrison questioned whether there would be sufficient time for Mr. Gazzola to incorporate the report outlined in clause #4 with the previously requested report concerning a funding model for the proposed Corporate Communications Division. Mr. T. Clancy replied that he would like to review the concept and if additional time is required to complete the report it will be requested. The motion by Councillor G. Lorentz, seconded by Councillor T. Galloway, to adopt the Community Services Committee report of this date was then voted on and Carried. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That the report of the Environmental Committee of Council of this date be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of this date be adopted." Councillor J. Ziegler also advised of an additional Committee recommendation for consideration this date involving the proposed Corporate Communication Services Division which was put forward by the Committee at the April 16, 1998 budget meeting. Councillor J. Ziegler asked that clause #6 involving an exemption to the Refreshment Vehicle By-law be referred back to the Finance and Administration Committee for further consideration on May 11, 1998 in conjunction with additional information from the applicants. He also asked that any recommendation arising from the May 11 meeting be considered at the Special Council meeting later that date. The report of the Finance and Administration Committee was then voted on clause by clause. Clause #2 - Dealt with under delegations and Carried, as amended. Clause #6 - Action deferred and referred to the May 11, 1998 meeting of the Finance and Administration Committee and subsequently to the special Council meeting later that date. Balance of report - 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 J. Haalboom raised concerns regarding the current arrangement whereby transit services are purchased by Pioneer Sportsworld to ensure access to its facilities by the 400-500 student employees MAY 4, 1998 COUNCIL MINUTES - 975- CITY OF KITCHENER who worked there over the Summer. Councillor T. Galloway suggested that this initiative should be assessed in `1998, particularly in view of the Theatre Complex proposed in that area. He also referred to a possible transit link between Cambridge and Kitchener which the Province has promised to review and which would address this situation in future. Mr. E. Kovacs clarified that at present the private sector is only paying a portion of the cost of the transit service referred to and even though ridership has increased by 26% between '1996 and '1997 the amount of revenue generated would not result in such a route paying for itself. He advised that staff are continuing to seek private sector participation in this regard. Councillor G. Lorentz referred to the continued need to streamline transit operations in view of the cost to the taxpayer, and suggested attempts should be made to make this service more profitable. Councillor M. Yantzi pointed out that it is important to keep the issue of profitability in perspective, noting that the City does not expect other City services, such as community centres, to be self-funding. In response to a suggestion by Councillor G. Lorentz, it was agreed to amend clause #4 of the Public Works and Transportation Committee report of this date so as to request a report on establishing a reserve fund to finance water leak repairs. The Public Works and Transportation Committee report of this date was then voted on clause by clause. Clause #4 - Carried, as amended. Balance of report - Carried. Council was in receipt this date of a report containing recommendations arising from the May 1, 1998 meeting of Heritage Kitchener. Moved by Councillor J. Haalboom Seconded by Councillor C. Weylie "That the report of Heritage Kitchener be adopted." A discussion took place as to funding and the rationale for the $8,800 expenditure relative to development and application of an Upper Doon heritage inventory. Councillor T. Galloway advised that the intent was to take this amount from the $24,000 capital allocation for the Spadina Heritage Conservation District thereby reducing that amount to approximately $'15,000 and moving the amount for the inventory forward to the year '1998. He emphasized that this would not result in any net change to the Capital Forecast. Councillor J. Haalboom advised that the study area was previously surveyed for archaeological potential, outlined the various tasks which would be undertaken as part of the inventory and indicated that she has background documentation and field work surveys should any member of Council be interested. The report of Heritage Kitchener of this date was then voted on and Carried. Councillor G. Lorentz referred to the recent opening of the new Country Hills Community Centre which took place approximately two weeks ago. He thanked Councillor T. Galloway for his tireless efforts in regard to construction of the Centre and the opening ceremonies. Councillor Lorentz further advised that the Forest Heights Community Centre is scheduled to open on September '19 or 20 of this year. Councillor Lorentz also thanked Mr. E. Kovacs and his staff for the Winter Works projects recently completed in his Ward as well as manhole adjustments, and asked that his thanks be conveyed to the staff members involved. Councillor C. Weylie referred to the problem with meeting scheduling on Committee days which results in delayed meeting starts and little or no breaks between meetings for members of Council. She questioned whether under the circumstances, the Planning and Economic Development Committee meeting should be moved to another day. Mayor C. Zehr suggested that if lengthy reports or contentious issues are involved, the Planning meeting could begin at 3:30 p.m. and recess at 5:30 p.m. for a break. Councillor B. Vrbanovic agreed that the last several Committee meeting days have been too long and it is difficult for Council members to give their full attention to issues over such a lengthy period of time. He suggested that it may be worth considering dividing the Standing Committee meetings and holding them over two days. Councillor J. Ziegler indicated that he does not agree to two days of Committee meetings; however, he suggested that in regard to the Planning meeting, that if appropriate, it could be recessed between 5:30 p.m. and 6:30 p.m. to allow for a dinner break with delegations to be advised of this in advance. Councillor G. Lorentz suggested that the problems could be solved if each Committee adhered to its two-hour meeting limit. Councillor T. Galloway asked that Mayor C. Zehr convene a meeting of MAY 4, 1998 COUNCIL MINUTES - ~76- CITY OF KITCHENER Standing Committee Chairs to discuss a more comprehensive solution, and Mayor Zehr advised that he is prepared to do so and would also appear at an upcoming Management Committee meeting to discuss the issue. Councillor T. Galloway acknowledged the efforts of staff, community volunteers and neighbourhood associations in the arrangement of opening ceremonies for the Country Hills Community Centre. Councillor Galloway also referred to a recent subdivision approval in the Laurentian Forest Community where the issue of a stone and chip pathway was referred to the budget process. He requested a cost estimate so that this item can be considered on May 15, 1998. Councillor B. Vrbanovic advised that the newest Fire Station and Community Centre official opening is scheduled for June of this year. He also complimented Utilities Division staff on the current "True Blue" gas utility advertising campaign. Councillor Jake Smola advised of a public meeting to be held in the Kitchener Memorial Auditorium Complex Subscribers Lounge on May 13, 1998 from 2 p.m. to 5 p.m. and again from 6:30 p.m. to 9 p.m. to outline various aspects of the Conestoga Parkway reconstruction project. Councillor J. Ziegler referred to Strasburg Woods (Strasburg/Blockline/Country Hills Drive) which is slated for development involving high density apartment buildings. He asked that Mr. T. Clancy have staff investigate who owns the property and the development rights in order to determine whether this project could be relocated, thereby preserving an attractive wooded area. Councillor J. Haalboom extended an invitation to Council members to attend the Community Heritage Ontario Conference which Kitchener is co-hosting on May 29-31, 1998. She advised that attendance commitments are already greater than expected. Councillor J. Ziegler referred to recent comments by Regional Chair Ken Seiling in regard to revisiting possible transfer of water and sewage systems to the Region. He expressed frustration with the misinformation appearing in the K-W Record concerning the magnitude of potential savings. He asked that staff ensure the proper figures are communicated and advised that it was his understanding the savings would total approximately $1.9 million, $900,000 of which related to best management practices which are already being implemented by each municipality. The resulting savings of approximately $1 million to $1.2 million would result if responsibility for water and wastewater was transferred to the Region. He stressed that these savings would be largely at the expense of Kitchener taxpayers. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend Chapter 85 of the City of Kitchener Municipal Code regarding Hearing Authority (b) Being a by-law to adopt Amendment No. 13 to the Municipal Plan - City Wide - All Wards (c) To confirm all actions and proceedings of the Council (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act (e) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement 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 C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor J. Haalboom MAY 4, 1998 COUNCIL MINUTES - ~77- CITY OF KITCHENER "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 G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) Being a by-law to amend Chapter 85 of the City of Kitchener Municipal Code regarding Hearing Authority (By-law No. 98-48) Being a by-law to adopt Amendment No. 13 to the Municipal Plan - City Wide - All Wards (By-law No. 98-49) To confirm all actions and proceedings of the Council (By-law No. 98-50) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code regarding Appointment - Staff Provincial Offences Act (By-law No. 98-51) (Cont'd) (e) (f) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 98-52) Being a by-law to change the name of a certain street in the City of Kitchener (By-law No. 98-53) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That the Mayor and Clerk be authorized to sign a licence agreement with Mark Hoffman, provided that such agreement is satisfactory to the City Solicitor, permitting Mark Hoffman access to certain vacant sites in the Huron Business Park for the purpose of cutting, removing and baling the grass and weeds, for a period of May 1, to October 31, 1998. 2. That we approve the following "Extension Policies" within City Business Parks: 1) Repurchase land at fixed percentage of purchase price: That the City continue with an option to repurchase land at a percentage of the original price as set out and fixed in the restrictive covenants attached to agreements of purchase and sale and transfers of land. 2) Extension Policy for new transactions in City Business Parks: That the City adopt an extension policy applicable to all future sales of land within City Business Parks to run with the land as a restrictive covenant. The policy is as follows: In the event that construction has not commenced within the time starting from the date of closing of a transaction, as prescribed in the restrictive covenant respecting title control, the date for commencement of construction may be extended at the discretion of the City, subject to the condition that the Purchaser post with the City a performance deposit equal to ten percent of the purchase price in the form of cash or certified cheque, which will be refunded without interest, if the building is completed and occupied within the time prescribed from the date of closing of the transaction. If the date for completion as prescribed in the restrictive covenant is not met, the City shall be entitled to a reconveyance of the property without paying compensation for any partial construction thereon, by refunding 90 percent of the purchase price and NOT refunding the performance deposit. 3) Extension Policy for existing transactions in the Huron Business Park where purchasers have received extensions and have not built: That the City adopt an extension policy applicable to all purchasers of land within the Huron Business Park who have received extensions to build and have not built. The policy is as follows: In the event that purchasers have failed to commence and complete construction by July 1, 1998 being the time prescribed by the latest extension granted by Council, staff will notify them, in writing, that as of July 1, 1998 they have, at no cost, one final 12 month extension to commence and complete their buildings. After July 1, 1999, if they have still failed to do so, the City will repurchase the lands at 80% of the purchase price as prescribed in the original agreement of purchase and sale. That Council approve Condominium Conversion Application CD/97/001 (364544 Ontario Limited) subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 675 Westmount Road as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owner agrees to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owner shall supply the City's Policy, Research and Housing Division with the names PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". COUNCIL MINUTES MAY 4, 1998 - ~79- CITY OF KITCHENER COUNCIL MINUTES MAY 4, 1998 - ~79- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL b) The Owner agrees to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by the Tenant as acknowledgement of receipt. c) This Agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owner and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owner shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Parties agree that if a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Rent Control Act, R.S.O 1992, c. R.23.1 (hereinafter called the "RC Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RC Act. At the Tenant's discretion, the Owner and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owner shall supply the City's Policy, Research and Housing Division with a copy of every lease or renewal of lease executed by a Tenant during the Five Year Rental Period. e) The Owner shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owner receives a bona fide, arms length offer to purchase an Existing Unit which the Owner is willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. Cont'd Tenants shall have the right, during the ten days immediately following the receipt thereof, to purchase the unit by delivering to the Owner a signed offer to purchase for the price and MAY 4, 1998 COUNCIL MINUTES - ~80- CITY OF KITCHENER COUNCIL MINUTES MAY 4, 1998 - ~80- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL upon the terms and conditions contained in the original offer, which the Owner shall accept immediately. The Owner shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owner within ten days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal and the Owner may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owner does not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) It is hereby agreed that the Tenant shall lose his or her rights under this Agreement if: the Tenant vacates the Existing Unit with or without due notice to the Owner; the Tenant sublets the Existing Unit, or the Owner obtains a writ of possession to the Existing Unit, all rights of appeal in respect thereof have expired and the Owner files a copy thereof with the Policy, Research and Housing Division. g) The Tenants shall not transfer or assign their rights under this Agreement. h) The Owner agrees to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct an audit of the condition of the Premises, prior to draft approval of any plan of condominium on the lands, and to file the results of the audit with the City of Kitchener Policy, Research and Housing Division. The Owner shall correct, to the satisfaction of the Chief Building Official, deficiencies identified in the audit which relate to the building Code, Building By-law, Fire Code, or Property Standards By-law. Upon correction, the City's Chief Building Official will notify the Owner in writing that the deficiencies have been corrected to his satisfaction. i) Prior to the sale of any of the Existing Units, the Owner shall notify potential purchasers that the results of the audit are available for their consideration. It is the opinion of this Committee that approval of this application is proper planning for the City. That consideration of Planning and Development Staff Report PD 98/46 - Zone Change Application ZC 97/5/W/PB (Sunoco Inc), 350 Westmount Road West be deferred and referred to the May 11, 1998 Planning and Economic Development Committee meeting; and further, That staff be directed to prepare a report after investigating options with respect to concerns expressed regarding a potential drive-in restaurant. That City Council support the request for temporary occupancy for 3310 King Street East, approval conditional upon the following: That enforcement of the City's Zoning By-law be waived with respect to the sale of sporting goods at 3310 King Street East 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That consideration of Planning and Development Staff Reports PD 98/38 and PD 97/80 (Revisions to Hidden Valley Residential Community Plan, Second Means of Access, Wabanaki Drive Extension) be deferred; and further, COUNCIL MINUTES MAY 4, 1998 CITY OF KITCHENER COUNCIL MINUTES MAY 4, 1998 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the appropriate Environmental Assessment be completed at City cost by the Public Works Department to determine the final preferred alignment of the full Wabanaki Drive extension from Wilson Avenue to Fairway Road; and further, That this Environmental Assessment Report be brought to the Planning and Economic Development Committee for its consideration prior to the Committee making a decision on the recommendations in Staff Reports PD 98/38 and PD 97/80. That City Council support the request for temporary occupancy for 831 Frederick Street, approval conditional upon the following: That enforcement of the City's Zoning By-law be waived with respect to the use of 831 Frederick Street as a social service establishment and temporary occupancy be approved subject to the use vacating the location in the event that Zone Change Application ZC98/11FIRM adding a social service established to the Residential 8 Zone (R-8) to the subject property 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. That Zone Change Application ZC 97/16/DIZJ (1090596 Ontario Inc.) requesting a change in zoning from Residential Three Zone (R-3) to Residential Six Zone (R-6) according to By-law 85-1 on lands legally described as Part of Biehn's Unnumbered Tract, be approved, in the form shown in "Proposed By-law" attached, dated February 16, 1998; and further, 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. (As Amended). That City Council support the request for temporary occupancy for 589 Fairway Road South, approval conditional upon the following: That enforcement of the City's Zoning By-law be waived with respect to the sale of pets and pet supplies at 589 Fairway Road South and temporary occupancy be approved subject to the use vacating the location in the event the Zone Change Application for this use on this property 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. 10. That Demolition Control Application DC 9815NIRM (TDL Group Ltd.) requesting approval for the demolition of a residential structure located at 1475 Victoria Street North legally described as Part of Lot 123, German Company Tract be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 11. That consideration of Planning and Development Staff Report PD 98/39 (Fence By-law MAY 4, 1998 COUNCIL MINUTES - ~8~- CITY OF KITCHENER COUNCIL MINUTES MAY 4, 1998 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Amendments - Chapter 630, Municipal Code) be deferred to a future meeting to allow staff to review how these matters are addressed in the new Municipal Act and report back. 12. That consideration of Planning and Development Staff Justification Report) be deferred and referred to the May Development Committee meeting. Report PD 98/51 (Demographics 11, 1998 Planning and Economic 13. That consideration of Planning and Development Staff Report PD 98/62 (Request for Temporary Occupancy - 122 King Street West, the Lyric Night Club) be deferred and referred to the May 11, 1998 Planning and Economic Development Committee meeting. COMMUNITY SERVICES COMMITTEE - That we defer consideration of the request of Ms. C. Moser to remove the Sugar Maple located on municipal property, inside the sidewalk in front of Duke Street West and south of the driveway entering 410 Duke Street West, and further, That the Public Works Department report to the Community Services Committee, at its meeting scheduled for May 11, 1998, on the cost of repairing the sidewalk and the cost of shifting the driveway ramp and driveway, past the tree, at 410 Duke Street West, and further, That the Public Works Department investigate and report on what problems, if any, the roots of the street tree may be causing the property owner at 410 Duke Street West, with respect to drainage, and further, That the Public Works Department advise how many similar situations, of trees on City boulevards causing damage to sidewalks and driveway ramps, exist in the City. That Cheryl Ewing be appointed as a member of the Public Art Committee for a term to expire November 30, 1998. That Council accept a gift from artist Thomas Seniw of a work of art, comprised of ceramic tile stone in a mosaic mural style, to be located on the 2nd level of the Rotunda, directly opposite the north Council Chamber entrance, and further, That the Manager of Arts, Culture, Events be designated as the City Co-Ordinator for its installation and acceptance by the City. That we approve the request of the Department of Parks and Recreation for additional funds, in the amount of $10,000.00, for programming Civic Square, and further, That the request of the Department of Parks and Recreation, for additional part-time staffing hours, for the Arts, Culture and Events Division, be deferred and referred to Mr. J. Gazzola for inclusion in his report dealing with marketing and communications for the City of Kitchener. That the Mayor and Clerk be authorized to execute an addendum agreement with Brown's Automatic Vending (1975) Limited to extend the community arenas concession operation agreement for a further term of 5 years and 2 months, that being February 1, 1999, to March 31, 2004, inclusive, with such agreement to include a new provision for an annual contribution of $10,000.00 to the City of Kitchener and with the terms of such agreement being satisfactory to the City Solicitor. COMMUNITY SERVICES COMMITTEE - (CONT'D) MAY 4, 1998 COUNCIL MINUTES - ~83- CITY OF KITCHENER COUNCIL MINUTES MAY 4, 1998 - ~83- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That we approve the Cemetery Business Plan Initiatives contained in the report prepared by Mr. G. Kett, Division Manager, Cemetery and Golf Course Operations, dated April 16, 1998, as considered by the Community Services Committee on April 27, 1998, and further, That staff be directed to implement or review the Cemetery Business Plan Initiatives in the time- frames identified in the report of Mr. G. Kett, dated April 16, 1998. That we endorse the expanded use of community centres and pools by the Waterloo Regional Police, as outlined in the report of Mr. R. Weber, Manager, Community Development Division, dated April 15, 1998, and further, That staff report back to the Community Services Committee in 3 - 6 months to advise of the progress of this initiative. ENVIRONMENTAL COMMITTEE - That the Environmental Committee give general endorsement to Planning and Development Staff Report PD 98/53 (Progress Report - Kitchener Bikeway Study) and recommend to the Planning and Economic Development Committee that the Committee address the following concern when the Kitchener Bikeway Study is discussed, namely: That since the Regional Bikeways Plan is intended to be implemented over a 30 year period, City Council be encouraged to implement the planned Kitchener Bikeway network through the Capital Forecast in the shortest possible time frame which expedites completion of the local network. That the Water Utility expand its efforts at customer education and awareness respecting the health risks of lead in drinking water; and further, That specific notices be issued to residential homes known to have lead services advising home owners and occupants of the existence of lead piping and possible mitigative measures that could be taken by the householders to minimize health risks associated with lead concentrations in drinking water; and further, That the Water Utility evaluate alternatives to existing efforts to eliminate known lead piping throughout the potable water system in the City of Kitchener and that such alternatives, complete with cost implications, be tabled with the Environment Committee prior to the submission of the 1999 Capital Budget. FINANCE AND ADMINISTRATION COMMITTEE - That Council agree to the purchase of a surface easement by Emmanuel Village Homes, (Kitchener) Inc. over the City lands known as Part of Lot 5, Registered Plan 267, being a vacant lot on the East side of Arlington Boulevard; the purpose of said easement being to facilitate emergency access to the adjoining lands proposed for development as Emmanuel Village (Site Plan Application SP 97/22/WNL-1250 Weber Street West; and, That said easement be sold for the price of $5,000.00 conditional upon the purchaser being responsible for the maintenance of the easement and adjacent City owned lands; and further, That the Mayor and Clerk be authorized to sign any documentation in regard to the above, to the satisfaction of the City Solicitor. WHEREAS the auto industry is critical to the economic health of Canada and its communities, with this important industry having been described as the engine of the Canadian economy; and MAY 4, 1998 COUNCIL MINUTES - ~84- CITY OF KITCHENER COUNCIL MINUTES MAY 4, 1998 - 284- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 2. (Cont'd) WHEREAS trade policy has always been central to the Canadian auto industry providing 150,000 direct jobs (assembly and components) and some 175,000 spin-offs (steel, plastics, glass, rubber, etc.); and WHEREAS the Federal Government is contemplating an adjustment to its automotive trade policy; and, WHEREAS the adjustment of tariffs facing non-investor companies could lead to job losses in the many communities in Canada that depend on the auto industry, either directly or indirectly through related activities such as parts, production and spin-off economic activity; THEREFORE BE IT RESOLVED that the Federal Government be urged to cease any action, legislative or otherwise, that would undermine the principle of the Auto Pact, lead to the elimination of the tariff on vehicle assembly, or discourage continued investment in Canada; and further, THAT the Federal Government reconsider allowing Toyota Motor Manufacturing to become a member of the Auto Pact; and further, THAT this resolution be circulated to local Federal Members of Parliament, Local Provincial Members of Parliament and to Municipalities with a population greater than 100,000. (Dealt with under delegations and carried, as amended) That no action be taken on the request of Mr. Zdravko Vesic for exemption from Section 536.3.4 of Chapter 536 (Driving School Operations, Instructors and Employees) of the City of Kitchener Municipal Code as it relates to Driver Training Schools. That pre-budget approval be granted in the budgeted amount of $675,000.00 for rink slab and dasher board replacement at the Dom Cardillo Arena; and further, That the Chief Administrative Officer be authorized to approve awarding of the tender, with the results being forwarded to Council for review. That no action be taken on the request of Greg Sikorski for permission to locate a Hot Dog Cart near the corner of King and Benton Streets. That no action be taken on the requests of Mr. Richard Hamm and Mr. Steven Webb (Steve's Dog House) for an exemption from the Refreshment Vehicle By-law as it relates to separation distances. (Action deferred and referred to the May 11, 1998 meeting of the Finance and Administration Committee and subsequently to the special Council meeting later that date.) That permission be granted in respect to locating an information/souvenir stand in Civic Square, and a concession stand in Victoria Park near the clock tower, during the Open Ears Festival, to be held May 13 to 18, 1998. That the following in regard to an action plan for risk management in the Building Division and provisions of the Ontario Building Code and Regulations be accepted, in principle, and be referred to Budget Day (May 15, 1998 for further discussion and a detailed costing: a) That the Building Division commence plan examination and field inspection of heating, ventilating and air conditioning systems for Part 9 buildings within the City of Kitchener; and, COUNCIL MINUTES MAY 4, 1998 - 985- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 8. (Cont'd) b) That the Building Division commence structural plan examination and field inspection for Part 9 buildings within the City; and, c) That the Building Division undertake and implement a "backflow prevention" program for all buildings within the City, except Part 9 residential buildings; and, d) That the existing contract building/plumbing inspection positions remain as contract positions with a term of two years in order to provide the necessary inspections for the above noted programs in accordance with the Ontario Building Code Regulations; and, e) That a contract plan examination position be created to permit heating, ventilating and air conditioning plan review, structural plan review and septic design plan review, and to allow for permit issuance in the "three stream permit approval process" until the current permit administration positions are upgraded/trained to complete these functions; and, That the above plan examination position be contracted on a year-to-year basis with a review of its necessity each year as part of Council's budget review process; and, f) That Building Division staff continue to participate in various training opportunities offered by the Ministry of Municipal Affairs and Housing, the Ontario Building Officials Association and the local Chapter, to obtain and maintain Provincial certification as Certified Building Code Officials or certified Plumbing System Inspectors; and, g) That Council support the recommendations for "effective and efficient administration of the Building Code Act" contained within Section V of the report of J. Witmer entitled "Building Division Risk Management and Building Administration Report" dated February, 1998; and, h) That Council support the "quality control recommendations" contained in Section VI of the report. i) That Council endorse the proposed implementation schedule contained within Section VII of the report, as it relates to improved customer service and implementation of risk management principles and procedures; and, J) That Council acknowledge that the Building Division does not provide plan examination or field inspection for the structural aspects of Part 3 buildings due to the absence of technical expertise in-house; however, to compensate for this, staff will take a more aggressive approach to obtaining the required field inspection reports from the stated design professionals; and, k) That Council acknowledge that the Building Division does not provide mechanical plan examination or complete field inspection of mechanical systems for Part 3 buildings due to the absence of technical expertise in-house; however, to compensate for this staff will take a more aggressive approach to obtaining the required field inspection reports from the stated design professionals; and, I) That a draft Building By-law be prepared for Council's consideration; and further, m) That a standard operating procedure for "stale-dated" permits be developed for Council's consideration, confirming best management practices for the benefit of the City and its residents. That Council approve, in principle, the creation of a Corporate Communication Services Division as referred to in the staff report dated March 18, 1998, and that no final decision in this regard be made pending a review of the staff recommendation and a report from the Chief COUNCIL MINUTES MAY 4, 1998 - ~86- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 9. (Cont'd) Administrative Officer to the Finance and Administration Committee within six (6) weeks outlining a funding model whereby the proposed Division could be staffed using existing employees and/or in partnership with other agencies such as the Kitchener Public Library and the Centre In The Square, along with any necessary departmental restructuring and job description modifications; and, That in preparing his report, the Chief Administrative Officer include a recommendation as to whether the special events function should be combined in the proposed Division, and if so, an indication of timing considerations and comment on how any such position(s) will be filled; and further, That in the event the above Division is created, goals and objectives be developed along with a method of continually measuring and monitoring its benefits, with progress to be reviewed by Council every six (6) months during the first two years of the Division's operation." PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That Council request the City of Waterloo Council to initiate a closure of Woolwich Street at its intersection with Bridle Trail in the City of Waterloo, and that the City of Waterloo incorporate a cul-de-sac and emergency access to Bridle Trail in conjunction with the road closure. That Kitchener Transit be authorized to introduce a summer pass valid for the months of July and August 1998, which will be made available to secondary and elementary student riders at a price of $75.00. That the advertising guidelines for use by the Transit Division of the Department of Public Works for administering advertising and promotional contracts, as presented to the Public Works and Transportation Committee on April 27, 1998, be approved. That, retroactive to January 1, 1997, the City of Kitchener implement a policy whereby they assume full repair responsibilities for all water leaks within 1 metre of the shut-off valve on the customer side and retain the current policy on waste water practices; and further, That P. Houston investigate and report on the feasibility of establishing a reserve fund to pay for repair costs in this regard. (As Amended) HERITAGE KITCHENER (L.A.C.A.C.) That, subject to Mr. Fitzgerald obtaining the authorization of the private property owners in the study area, Council approve the "Proposal for the Development and Application of an Upper Doon Heritage Inventory" submitted by Mr. William R. Fitzgerald, with his letter dated April 14, 1998, and further That Council approve funding in the amount of $8,800.00 for this proposal to be charged to the Capital account for the Spadina Heritage Conservation District. (As Amended) That, pursuant to Section 43 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property municipally known as 1151 Doon Village Road, located in the Upper Doon Heritage Conservation District, and further That the alterations shall be in accordance with the Designated Heritage Property Alteration/ MAY 4, 1998 COUNCIL MINUTES - ~87- CITY OF KITCHENER COUNCIL MINUTES MAY 4, 1998 - ~87- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Demolition Application, dated April 30, 1998, submitted by the owner. HERITAGE KITCHENER (L.A.C.A.C.) (CONT'D) That, pursuant to Section 43 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property municipally known as 24 Mitchell Street, located in the Victoria Park Area Heritage Conservation District, and further That the alterations be in accordance with the plan considered by Heritage Kitchener on May 1, 1998. COUNCIL MINUTES MAY 4, 1998 - 288 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. 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." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Banner Requests It was resolved: "That in conjunction with 'Communities In Bloom' 1998 judging, we grant permission for the erection of a banner on King Street at Rockway Gardens from Tuesday, August 4, 1998 to Sunday, August 23, 1998 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the City of Kitchener Parks and Recreation Department." -and- "That in conjunction with the designation of May as 'Cystic Fibrosis Month', the Kitchener- Waterloo District Chapter of the Canadian Cystic Fibrosis Foundation be granted permission to have the following banners erected on King Street at Rockway Gardens: Tuesday, May 19, 1998-Sunday, May 31, 1998 inclusive Monday, May 10, 1999-Sunday, May 30, 1999 inclusive; and Monday, May 15, 2000-Sunday, June 4, 2000 inclusive. Further that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the organization associated therewith. And further, that the Chief Administrative Officer be authorized to schedule the erection and removal of a banner for this event, on an annual basis, as requested." 2. Minutes of Settlement - BRIDGEPORT-NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeals related to 51 Bridge Street East, Kitchener." 3. Enqineerinq Aqreements - SOUTH WARD 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 Stanley Consulting Group Ltd., regarding Laurentian Forest I, Stage 2, Draft Plan of Subdivision 30T-88041 ." -and- "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 MTE Consultants Inc. regarding Williamsburg Town Centre, Phase I, Draft Plan of Subdivision 30T-93005." COUNCIL MINUTES MAY 4, 1998 COUNCIL MINUTES - ~89- CITY OF KITCHENER COUNCIL MINUTES MAY 4, 1998 - 289- CITY OF KITCHENER MAY 4, 1998 REPORTS ADOPTED BY COUNCIL - 289 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Licenses It was resolved: "That 1998 Ice Cream Vendor licenses be issued to John William Mercer, James Clark and Kenneth Charles Grant." -and- "That the following massagists be granted Massagist licences for the year 1998: Brenda Burtch Karen Binkle" 5. Noise By-law Exemption Request - ROCKWAY-VICTORIA WARD It was resolved: "That the Open Ears Festival of Music and Sound be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code for the purposes of conducting a fireworks display on May 17th or May 18th (raindate) 1998, in Victoria Park between the hours of 10:00 p.m. and 11:00 p.m." 6. Committee of Adjustment - Application for Siqn Variances - FAIRVIEW WARD It was resolved: "That the Committee of Adjustment sitting as a Standing Committee of City Council, of April 21, 1998, recommending approval of Submission No. S 3/98 - Weiland Holdings Inc. - Be Ratified & Confirmed." 7. Lease of Office Space - ROCKWAY-VICTORIA WARD It was resolved: "That the Mayor and Clerk be authorized to sign a lease with K-W Labour Association Inc. to rent the main floor at 143 King Street East for a five month term commencing May 1, 1998 at a cost of $1,000 per month including all utilities and taxes and excluding G.S.T." 8. Offer to Purchase - Reaffirmation of Resolution - SOUTH WARD It was resolved: "That Council reaffirm its resolution adopted on February 16, 1998 authorizing the Mayor and Clerk to 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 authorizing the Mayor and Clerk to execute any other necessary documentation required by the City Solicitor. And further, that the City Solicitor proceed with the completion of this transaction." MAY 4, 1998 COUNCIL MINUTES - ~90- CITY OF KITCHENER COUNCIL MINUTES MAY 4, 1998 - ~90- CITY OF KITCHENER Tenders REPORTS ADOPTED BY COUNCIL Dealt with under delegations. MAY 4, 1998 COUNCIL MINUTES - 290 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 10. Encroachment Aqreement - Sidewalk Patio (Staqes) Council was in receipt of a report and recommendation from L. MacDonald, Assistant City Solicitor, dated May 1, 1998, concerning permission to extend a restaurant licence to include the operation of a sidewalk patio. It was resolved: "That, subject to obtaining all necessary approvals and the payment of all required licence fees, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of the restaurant/night club known as Stages to permit the use of seven (7) feet, six (6) inches, more or less, of sidewalk directly in front of 312 King Street West, for the operation of a sidewalk patio for the 1998 season."