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HomeMy WebLinkAboutCouncil Minutes - 1998-06-01COUNCIL\1998-06-01 JUNE 1, 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 Concordia Choir under the direction of Mr. Alfred Kuntz. Mr. Kuntz pointed out that it was the Choir's 125th Anniversary of active choral singing. Following the singing of the National Anthem the Choir sang another selection entitled "They Call It Home". Councillor M. Yantzi thanked the Choir for their presentation this date. Prior to consideration of acceptance of the minutes as listed on the agenda, on motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, it was agreed to amend page 299 of the May 15, 1998 Special Council minutes as follows: Clause #6 Kitchener Public Library Board from $5,724,200 to $5,471,904 Centre In The Square from $1,070,048 to $1,048,177 Clause #7 Project Lift from $1,343,302 to $1,295,527 On motion by Councillor John Smola, the minutes of the special meeting held May 15, 1998, as amended this date and the minutes of the regular meeting held May 19, 1998 and special meetings held on May 19 and 25, 1998, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED TO COMMITTEE OF THE WHOLE (1) Letter dated May 27, 1998 from R.W. Pritchard, General Manager of Corporate Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions regarding the tender listed on the Committee of the Whole agenda of this date. Councillor G. Lorentz questioned why the tender for the City Hall Parking Garage was being undertaken. Mr. Gordon advised that the contractor will survey the garage to determine if there are any problems with the facility. Mr. D. Snow pointed out that the five-year warranty on the garage ends this year and it was prudent to undertake an inspection of the facility prior to expiration of the warranty. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That Expression of Interest E98-37, Consultant Services - City Hall Parking Garage (Monitoring Program), be awarded to Read Jones Christoffersen Ltd., Toronto, Ontario at an upset fee of $8,100., plus G.S.T., based on a satisfactory agreement being negotiated." Carried. Mr. T. Clancy appeared before Council with regard to the Water Smart Program to recognize the City's partnership with the School Boards in this Safety Program. Certificates of Recognition were then presented to Mr. Don Lidstone who accepted on behalf of the Waterloo Region District School Board and Mr. Bryan Stortz who accepted on behalf of the Waterloo Catholic District School Board. Mr. Lidstone referred to the many years of co-operative City/Board involvement and appealed for continuation of mutual support. Mr. B. Stortz commented on the importance of partnerships as a vehicle to achieve goals. Mayor C. Zehr asked that the delegations convey congratulations from the City to the two School Boards. Ms. Mary Drandzyk, Chair of the Kitchener Downtown Business Association, appeared as a delegation to assist in the presentation of certificates to local students in regard to the "Flower Power Project" undertaken in Downtown Kitchener. She listed the local supporter sponsors of the project which involved the students producing flower boxes to adorn downtown businesses. Mayor C. Zehr advised that prior to the Council meeting the students participating in the Flower Power JUNE 1, 1998 COUNCIL MINUTES - 394 - CITY OF KITCHENER Project had been presented with certificates in recognition of their work. He then introduced various students from Courtland School, Cameron Heights Collegiate Institute and Kitchener Collegiate Institute, who attended the meeting this date and referred to other students from University Heights Secondary School who were not able to attend. Mr. Klaus Sprenger appeared as a delegation in regard to the recommendation listed under item B.2(ii) of the Committee of the Whole Agenda of this date dealing with an encroachment agreement being entered into subject to approval of a minor variance for lands known as 155 Ahrens Street West. He pointed out that a fence had been constructed approximately 4 feet into the City right-of-way and requested that the fence be allowed conditional upon the existing school use remaining. Moved by Councillor John Smola Seconded by Councillor G. Lorentz "That, subject to the owner obtaining a minor variance from the Fence By-law, the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Part Lot 325 and Lot 326, Plan 376, known as 155 Ahrens Street West, to legalize an existing fence as it encroaches 4', more or less, onto the Louisa Street road allowance." Carried. Mr. Tim Wilke appeared as a delegation along with members of the 5th Kitchener Scout Troop who were currently working on their citizenship badge. He noted that Councillor Karen Taylor-Harrison had assisted them in this matter and as a token of appreciation presented a handmade walking stick to Councillor Taylor-Harrison. 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 J. Ziegler referred to clause #5 of the report dealing with the matter of curbs or ramps at street crossings of the Ironhorse Trail. In this regard, he pointed out that the Niagara Parkway where it has intersecting trails has utilized a ramp method along with the appropriate signing directing cyclists to exercise caution. He stated that in his view curbs make it inconvenient for cyclists to utilize trails and commented that dismounting from a bicycle was not necessarily the safest way to cross a roadway. He asked that staff review the approach of the Niagara Parkway to this issue before the matter was dealt with by the Public Works and Transportation Committee. Councillor J. Haalboom suggested that the City express concern to the Region as to the necessity for a bikeway connection to Cambridge utilizing old King Street East. Councillor T. Galloway stated that he was opposed to requesting the Region to consider an old King Street route as there might be other options to reach Cambridge utilizing a bikeway/trail network. Mayor C. Zehr suggested that the intent was to find an alternative route by means of current development and questioned if the bikeway study group could address the issue. Mr. D. Snow noted that the Bikeway Study has a proposed route along with suggested links to reach Cambridge and he stated that there was a safety concern in utilizing old King Street. He pointed out that the Region was currently considering improvements to old King Street East and it would appear Councillor Haalboom had raised the issue for consideration as part of any upgrade. By general consent the issue of a bikeway route was referred to Mr. Snow to address with Mr. D. Banks of the Region of Waterloo and report back to the Public Works and Transportation Committee. Councillor J. Haalboom referred to the recommendations under the Downtown Lighting Study and questioned where in the Study alleys and laneways were addressed. Mr. D. Snow confirmed that there was a section in the Study that dealt with laneways and pointed out that improvements would be undertaken on a shared basis with property owners utilizing existing building structures and confirmed that nothing was planned for in 1998. Further, he pointed out that no date has been established for any of the work to be completed but advised that staff would be working with the KDBA on this issue. Councillor Jake Smola enquired what plans the City had for bikeway/trail route maps. Mr. T. Clancy advised that a map had been prepared and fully distributed a few years ago and that currently trails were shown on City transit maps. He advised that Canadian Tire has completed a comprehensive trail map that would be made available to residents. Councillor Jake Smola requested that the map reference be placed in the City's Environmental Handbook which is under development. The report was then put to a vote and Carried. COUNCIL MINUTES JUNE 1, 1998 - 3~5- CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Councillor Jake Smola referred to clause #4 of the report and advised that he had not received a report from staff requested at the Committee meeting as to whether or not youth golf lessons were included in the leisure activities matter. Mayor C. Zehr requested that staff report on this request to the Community Services Committee at its next meeting. A friendly amendment to clause #4 proposed by Councillor T. Galloway was accepted providing that the Committee also include one representative from the Parks and Recreation Advisory Committee. Councillor J. Haalboom questioned the funding arrangement in clause #4 and advised that she could not support the recommendation until the City of Waterloo decided to participate. Councillor T. Galloway commented that clause #4 would assist Kitchener residents with fee assistance for any activity within Kitchener-Waterloo. Following further discussion, an additional friendly amendment to clause #4 was accepted to provide that the charitable funding organization not be constituted until staff have reported on the issue of participation by the City of Waterloo. Councillor John Smola requested that clause #6 be voted on separately and pointed out that the request related to 50th year anniversary celebrations. In response to Councillor J. Haalboom, Mr. T. Clancy explained the Vehicle Over Parkland Permit Agreement process and pointed out that it covers hundreds of properties annually. Councillor Haalboom questioned if notification took place and whether a sign was posted containing the permit approval number and a telephone number for enquiry by residents. Councillor J. Ziegler commented that Mr. Clancy had explained the staff process to inspect properties affected by such agreement and suggested no action be taken on the matter of notification and signage. Mr. T. Clancy acknowledged that the department could make the telephone number readily accessible for enquiry on such matters. The report was then put to a vote. Voted on clause by clause. Clause #4 - Carried, as amended. Clause #6 - Carried. Clause #11 - Carried. Balance of Report - Carried. Recorded pecuniary interest and abstention: Clause #11 - Councillor T. Galloway as he is employed by the University of Waterloo. 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 Jake Smola advised that he was opposed to clause #5 dealing with the selection of Kitchener representatives on Regional Council on the basis of the previous City Council resolution of October 15, 1996 which supported direct election to Regional Council. Councillor J. Ziegler pointed out that Councillor Smola's concern has been addressed in proposed changes to the Municipal Act which would permit indirect election of Kitchener Councillors to Regional Council. He noted that at the time of the 1996 resolution, there was no such authority in the Municipal Act. Councillor B. Vrbanovic advised that he was in support of clause #5 of the report since it addresses all of the alternatives that are reasonable to investigate as to their pros and cons and the solicitation of public input. He commented that the current debate on this issue has created a perception that Council was not interested in direct election to the Region when in fact two of the three alternatives being proposed are direct election methods. He stated that the question Council must address was what method of election JUNE 1, 1998 COUNCIL MINUTES - 326- CITY OF KITCHENER would ensure the best representation at the local and regional levels. Councillor T. Galloway stated that he was in support of direct election to Regional Council and separated Councils. He suggested for Council's consideration an option to include a form of unofficial runoff that would allow Council to accept the results and effect the Kitchener appointments to Regional Council as a result of that process. Councillor J. Ziegler commented that he was not opposed with the concept but pointed out that there were two problems being legality and costs. Councillor Jake Smola commented on the other alternatives that were considered by the Committee but not being recommended and asked that those alternatives be added to clause #5. Mayor C. Zehr stated that it was important when recommendations were presented for public input they be viable options. He suggested that to accommodate the concern expressed by Councillor Jake Smola that clause #5 also contain a reference to considering any viable variation of election methods. Councillor John Smola was totally opposed to the suggestion of Councillor T. Galloway that would provide for a form of runoff concept in order to elect representatives to Regional Council. Councillor J. Ziegler suggested an additional alternative that would provide for election of a ten member local Council, on an at large basis, after which each Councillor would designate a ward they wish to represent and that the top six Council members receiving the highest number of votes would sit as Kitchener representatives on Regional Council. He pointed out that this method would preserve the intent of the Ward System. A motion by Councillor Jake Smola, seconded by Councillor John Smola to amend clause #5 of the report so as to include Option #2 that would provide for a ten member local Council made up of four ward representatives and six representatives elected at large that would sit on Regional Council was voted on and LOST. An amendment to clause #5 of the report was moved by Councillor T. Galloway, seconded by Councillor B. Vrbanovic to provide that the review include a secondary runoff concept. Mr. R.W. Pritchard commented that for such election method to Regional Council to have legal status there must be legislative authority. He suggested that this might be accomplished by using the runoff results as a guide for Council to carry out appointments to Regional Council in accordance with legislation. The amendment to clause #5 was put to a vote and Carried. A motion by Councillor J. Zielger, seconded by Councillor T. Galloway to amend clause #5 of the report so as to include consideration of a viable variation of recommended options was put to a vote and Carried. Councillor John Smola requested to be recorded as opposed to the amendment and Councillor Jake Smola requested to be recorded as abstaining from the vote; however, pursuant to Section 25.8.3 of Chapter 25 (Council Procedure) of the Municipal Code, any member who refuses to vote is recorded as voting in the negative. Prior to consideration of the above amendment dealing with a viable variation of recommended options, Mr. R.W. Pritchard clarified that the Option #2 providing for four ward representatives and six Councillors elected at large on the local Council was not viable since Council defeated a motion proposing that option. The report was then put to a vote. Voted on clause by clause. Clause #5 - Carried, As Amended. Balance of Report - Carried. Moved by Councillor John Smola Seconded by Councillor Jake Smola "That the report of the Public Works and Transportation Committee of this date be adopted." At the suggestion of Councillor J. Ziegler, a friendly amendment was accepted with respect to clause #1 to replace the word "instructed" with the word "request" and to also include wording indicating that the intersection qualifies under the signal warrant criteria. Mr. D. Snow pointed out that if the signals were to be installed this year, it would be a decision of the Regional Engineering Committee and Regional Council. Councillor J. Ziegler requested that the City finance the signals until 1999 if the Region was unable to undertake installation in 1998. COUNCIL MINUTES JUNE 1, 1998 - 3~7 - CITY OF KITCI:IENER Councillor B. Vrbanovic referred to clause #3 of the report dealing with reconstruction of the K-W Expressway between Courtland Avenue and Frederick Street and suggested that there must be a method for residents to register noise complaints particularly after normal working hours. A motion by Councillor B. Vrbanovic was accepted as a friendly amendment requesting the Ministry provide a 24-hour phone number to whom residents and City by-law staff could address evening excessive noise concerns. On the issue of noise levels, Mr. D. Snow advised that he would ask the Ministry to ensure that its contractors use good judgement wherever possible to minimize the amount of noise even though a noise exemption has been granted. The report was then put to a vote. Voted on clause by clause. Clauses #1 & 3 - Carried, As Amended. Balance of Report - Carried. In reference to the reconstruction taking place on the K-W Expressway, Councillor J. Haalboom suggested that the City should be requesting that wherever possible, planting of vegetation and trees takes place immediately after installation of sound barriers. Moved by Councillor J. Haalboom Seconded by Councillor B. Vrbanovic "That with respect to ongoing projects to improve the K-W Expressway in Kitchener, the Ministry of Transportation be requested to commence the planting of vegetation and trees preferably as soon as possible upon completion of installation of sound barriers or within a reasonably appropriate time period thereafter." Carried. Councillor Jake Smola remarked on the Annual Bus Rodeo competition held on the grounds of the Kitchener Auditorium Complex on Sunday, May 31 and publicly thanked all of the bus drivers and other persons who assisted in this event. Councillor J. Haalboom provided an overview of the activities of the Community Heritage Ontario Conference (Provincial L.A.C.A.C's) held May 29-31 at Kitchener City Hall. She noted that the conference was jointly hosted by the Cities of Kitchener, Waterloo and Cambridge and that 140 delegates had participated. Councillor Haalboom pointed out that the City received accolades from all of the participants and complimented all staff who were involved in this successful event. She then made detailed reference to the legal concept of easements and illustrated the easement marker that the City had received for the Homer Watson House and Gallery. Councillor T. Galloway commented on problems in respect to a business activity ongoing at the corner of Ottawa Street South and Fischer-Hallman Road involving topsoil and noted that the Ministry of the Environment had laid a charge in respect to this issue. He advised that the site has no legal access authorized by the Region and suggested that in the future the City's planning process include a mechanism to deal with such occurrences. It was requested that staff report on this issue at a future Planning and Economic Development Committee meeting and the implications of the new position of the Ministry of the Environment that it considers this type of issue to be a downloaded responsibility. Councillor Jake Smola acknowledged that the City had experienced an extremely dry Spring resulting in a very significant dust issue affecting residents in or near new developments and asked that staff also address this as part of subdivision planning. Councillor K. Taylor-Harrison extended an invitation to members of Council to attend the second meeting of the Safe City Committees' sub-committee on youth at 10 a.m. on Wednesday, June 3rd at the Mill- Courtland Community Centre. In response to a question from Councillor C. Weylie, Mr. D. Snow advised that the Municipal Code (Property Maintenance - Chapter 635, Garbage) still provides that no rubbish shall be placed at the curb for day collection before 7 p.m. on a day prior to the day of collection. Also in response to Councillor Weylie, Mr. D. Snow advised that it was not legal to ride a bicycle on City sidewalks. COUNCIL MINUTES JUNE 1, 1998 - 3~8- CITY OF KITCI:IENER Councillor C. Weylie requested an explanation surrounding the cancellation of the Skate the Nation event scheduled for the evening of May 30 at the Kitchener Auditorium Complex. Mr. T. Clancy advised that staff were unable to begin making ice until the exhibitors of an industrial show had moved out of the auditorium last Wednesday. He indicated that staff worked overnight both Wednesday and Thursday to prepare the ice but that high levels of heat and humidity that were experienced on Friday and Saturday, slowed the process to develop the ice to a condition that met the expectations of some of the skaters. He pointed out that the organizers of the show cancelled it at 6:50 p.m. which left no time to provide a media notification that the 7:30 p.m. show would not take place. Mr. Clancy indicated that the box office was processing refunds and that a report on the financial implications of the event cancellation would be prepared for Council's consideration. Moved by Councillor J. Haalboom Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to extend the time for conveyance of lands pursuant to By-law 87-64, as amended, to close and sell part of the public lane known as Karn Lane in the City of Kitchener (b) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 116543 Ontario Limited - Frederick Street - No. 98/01/FIRM (c) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor John Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor John Smola Seconded by Councillor J. Haalboom "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. Moved by Councillor J. Haalboom Seconded by Councillor B. Vrbanovic "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to extend the time for conveyance of lands pursuant to By-law 87-64, as amended, to close and sell part of the public lane known as Karn Lane in the City of Kitchener (By-law 98-64) (b) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - 116543 Ontario Limited - Frederick Street - No. 98/01/FIRM (By-law No. 98-65) (c) To confirm all actions and proceedings of the Council JUNE 1, 1998 COUNCIL MINUTES - 329- CITY OF KITCHENER (By-law No. 98-66) 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 Zone Change Application ZC98/1/F/RM (116543 Ontario Limited) rezoning Lot 15, Registered Plan 971 (831 Frederick Street) by adding Special Use Provision 255U to the Residential Eight Zone (R-8), be approved in the form shown in the attached "Proposed By-law", dated April 9, 1998, without conditions. It is the opinion of the Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. 1) That Council receive and adopt the Downtown Lighting Design Study Report entitled On Li,qhtin,q Downtown subject to recommendations (1) - (4) below, the results of the evaluation of the lighting demonstration projects Recommendation 2, and the Lighting Implementation Plan Recommendation 3 (1) - (10). (1) That Council endorse the Lighting Design Principles and Principles of Vision contained within the Downtown Lighting Design Study. (2) That Council approve the conversion of existing ornamental lighting fixtures in Downtown from High Pressure Sodium to Metal Halide subject to the approved Implementation Plan. (3) That Council adopt the Overall Framework for Lighting Downtown and the Lighting Guidelines as contained within Chapter 3 of the Downtown Lighting Design Study as constituting "the new standard for lighting downtown" including more specifically: a) Adoption of the Illuminance and Luminance Guidelines contained within the Lighting Guidelines of the Downtown Lighting Design Study. b) Adoption of a classification of Downtown streets into a system of Seven Street Types: Civic Streets, Main Street, Commercial Streets Major and Minor, Thoroughfares, Neighbourhood Links, Residential Streets and Laneways. c) Adoption of the Map of Street Types, showing the distribution of street types throughout Downtown as defined by Map 7 Downtown Land Use Districts in the City's Municipal Plan. d) Approval of the Family of Lighting Fixtures as set out in the Overall Framework in the Downtown Lighting Design Study. e) Endorsement of the Street Lighting Concept Layouts for each street type identified in the system of street types for the downtown including a fixture type, conceptual fixture arrangement and spacing, and roadway and sidewalk lighting goals. f) Endorsement of the Matrix of Intersections showing lighting fixture type, spacing and configuration at the intersection of each street type identified in the system of Street Types for the Downtown. (4) That Council endorse the recommended actions and role of lighting in the Situations for Lighting Responses of Chapter 5 as lighting guidelines when dealing with entry points, parking lots, public squares and parks; lighting situations on private property; and civic, public and commercial display situations. 2) That an evaluation of the effectiveness of the new lighting standard be undertaken in the latter part of 1998 after construction of the demonstration projects. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 2. (Cont'd) 3) That Council Implement the new street lighting standard for Downtown as set out in the Downtown Lighting Design Study as follows: COUNCIL MINUTES JUNE 1, 1998 - 331- CITY OF KITCHENER COUNCIL MINUTES JUNE 1, 1998 - 331- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (1) That existing ornamental lighting on King Street between Gaukel and Queen Street be converted from High Pressure Sodium to Metal Halide as part of the demonstration project funded from the Safe City Capital Budget. (2) That further conversion of existing ornamental lighting in the Downtown to Metal Halide be over a phased in period related to maintenance (i.e. lamp replacement). (3) That Council approve the development and implementation of the street lighting concepts as demonstration projects as follows: a) Minor Commercial Street - Ontario Street (King to Duke) b) Main Street - King Street (Scott to Madison) c) Neighbourhood Link- Cedar Street (Weber- Charles) (These projects are funded from Public Works and Safe City Capital Accounts with pre-budget approval given by Council on March 30, 1998). (4) That subject to the evaluation of the results from the demonstration projects, the new street lighting standards are to be implemented in conjunction with road reconstruction projects, sidewalk replacements, or when existing equipment deteriorates to the extent that replacement is required (normal maintenance) as set out in Public Works Department Report Downtown Lighting Design Study Attached as Appendix A. (5) That the City, through the Downtown Development Team, the Safe City Committee and the Fagade Improvement Loan Program, work with the KDBA to implement the recommended actions of the Downtown Lighting Design Study related to laneways, private alleys and parking lots, entries to private property and commercial display. (6) That the Luminance Lighting Guidelines and Commercial Display concepts be utilized in the preparation of the new Sign Bylaw provisions for Downtown. (7) That the Safe City Committee work with neighbourhood associations and residential property owners abutting the Neighbourhood Links and on other Residential Streets to initiate and maintain the Porch Lights On program in residential neighbourhoods and concepts for residential yards. (8) That the City Property Standards Bylaw be amended to incorporate, where appropriate and applicable, the Lighting Guidelines of the Downtown Lighting Design Study. (9) That, where appropriate, recommendations of the Downtown Lighting Design Study be incorporated into the new draft Urban Design Guidelines, the new Sign Bylaw for Downtown, the Fagade Improvement Loan Program and the Porch Lights On Program. (10) That consideration be given to the application of the Study to Public Works projects such as construction of new street and road renovation projects. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 3. 1) That the Safe City Committee and Downtown Advisory Committee endorse the lighting principles, guidelines, concepts and over all Lighting Framework of the Downtown Lighting JUNE 1, 1998 COUNCIL MINUTES - 332- CITY OF KITCHENER COUNCIL MINUTES JUNE 1, 1998 - 332- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Design Study and recommend there adoption to City Council as the new lighting standard for Downtown. 2) That the new lighting standard be implemented in a series of demonstration projects to be undertaken in the downtown by Public Works in 1998 and 1999; as well as in the conversion of a portion of the existing lighting on King Street from High Pressure Sodium to Metal Halide. 3) That an evaluation of the effectiveness of the new lighting standard be undertaken in the latter part of 1998 after construction of the demonstration projects. 4) That, where appropriate, recommendations of the Downtown Lighting Design Study be incorporated in the new draft Urban Design Guidelines, the new Sign Bylaw for Downtown, the Fagade Improvement Loan Program and the Porch Lights on Program. That Council approve the alteration to Agreement for Consultant Services to the Downtown Lighting Design Study dated February 23, 1998, from John MacDonald Architect covering extension of the term of the Agreement, additional scope of work and reallocation of study costs with such additional net study costs including disbursements, over and above those already approved by Council not to exceed $3,840.00 plus GST; and further, That the Mayor and Clerk be authorized to execute an amendment to the agreement for Consultant Services between the Corporation and John MacDonald Architects Inc., satisfactory to the City Solicitor, to add to the scope of services. That the design issue as to the merits of having curbs or ramps at street crossings of the "Iron Horse Trail" in Kitchener be referred to a future meeting of the Public Works and Transportation Committee for further discussion along with consideration of the approach taken by Kitchener and Waterloo to this issue. 1) That the City of Kitchener Bikeway Study dated April 1998 be adopted as a guide to the implementation of a comprehensive Bikeway Network for the City; 2) That first priority for implementation of the Bikeway Network be the development of the Kitchener's Trans-Canada Trail Route, a portion of which is the Iron Horse Trail; 3) That the Public Works Department be responsible for implementation of the identified On- Road Sections of the Bikeway Network in conjunction with City or Regional new road construction or re-construction projects; 4) That the Public Works Department undertake all other required on-road improvements (striping, signing, etc.), and in coordination with the Parks and Recreation Department, apply for funding annually through the Capital Forecast; 5) That the Parks and Recreation Department be responsible for the implementation of the Off-Road Sections of the Bikeway Network; and, in coordination with the Public Works Department, apply for funding annually through the Capital Forecast; 6) That the Transit Division of the Public Works Department be responsible for the implementation of cycling facilities at major Transit Terminal facilities, and apply for funding annually through the Capital Forecast; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (Cont'd) COUNCIL MINUTES JUNE 1, 1998 - 333- CITY OF KITCHENER COUNCIL MINUTES JUNE 1, 1998 - 333- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 7) That the Community Planning process recognize and plan for the extension of the Bikeway Network into newly developing areas; 8) That the City of Kitchener recommend certain route additions and deletions to the Regional Cycling Master Plan in accordance with "MAP 6" of the Kitchener Bikeway Study, and that Don Snow and Terry Boutilier be directed to initiate discussions with the Region of Waterloo to rationalize Regional and City routes with the objective of achieving a 'cost- neutral' result; 9) That the City of Kitchener include bicycle storage facilities in new and existing City facilities for use by citizens and employees; and 10) That the City of Kitchener encourage the inclusion of bicycle storage facilities in new development in accordance with the City's Urban Design Guidelines. That City Council advise the Ministry of Municipal Affairs and Housing of its support for a Development Permit System in Ontario as provided for in Section 70.2 of the Planning Act as outlined in Staff Report PD 98/76; and further, That the Ministry be encouraged to develop and circulate for review a regulation pursuant to Section 70.2 to implement the development permit system as expeditiously as possible. That the meeting start time of the August 10, 1998 Planning and Economic Development Committee be changed from 3:30 p.m. to 6:00 p.m. COMMUNITY SERVICES COMMITTEE - That City staff repair the sidewalk in front of and relocate the driveway and driveway ramp at 410 Duke Street West, to shift it away from the Silver Maple tree, at an up-set limit of $2,000.00. That we approve the Vehicle Over Parkland Permit Agreement dated, Revised Draft: May 5, 1998; as considered by the Community Services Committee on May 25, 1998, and further, That Council delegate to the Division Manager of Parks Operations and each of the Parks Supervisors the authority to sign the Vehicle Over Parkland Permit Agreement, and further, That Chapter 270 (Parks) of the City of Kitchener Municipal Code be amended to provide that approval in the form of the said Agreement is required. That the Mayor and Clerk be authorized to sign a licence agreement with the Food Bank of Waterloo Region, provided that such agreement is satisfactory to the City Solicitor and Parks Operations, permitting the Food Bank of Waterloo Region to establish a community garden on City property located at the Mill Courtland Community Centre. That a committee be created to establish a charitable funding organization which would provide financial assistance to children and families to enable them to participate in leisure activities in Kitchener/Waterloo, and further, That this committee include staff, one representative from the Parks & Recreation Advisory Committee, representation from service clubs, sports groups, neighbourhood associations and the community at large, and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) JUNE 1, 1998 COUNCIL MINUTES - 334- CITY OF KITCHENER COUNCIL MINUTES JUNE1, 1998 - 334 - CITY OF KITCHENER 4. (Cont'd) 10. 11. 12. 13. 14. REPORTS ADOPTED BY COUNCIL That the City of Waterloo be approached to participate on the committee and in the program; and further, That the charitable funding organization not be constituted until staff have reported on the issue of participation by the City of Waterloo. (As Amended) That we approve a one-time, in-kind grant for "1 Have a Dream - Remembering Lady Diana" to cover half the cost of renting the Civic Square or Rotunda, which ever is used, on August 29, 1998, to a maximum of $400.00. That no action be taken on the request of the Rockway Ladies Invitation Golf Tournament for a grant in the amount of $1,000.00 to assist with the hosting of the Ladies Invitation event at Rockway, and further, That staff provide a plaque to commemorate this event, to be displayed at Rockway Golf Club. That we approve a cash grant in the amount of $100.00 to the Waterloo-Wellington Regional Pride Committee for their event to take place at the end of June, and further, That the Waterloo-Wellington Regional Pride Committee be encouraged to approach other municipalities in the area for support. That no action be taken on the request of the Clan MacKenzie Pipe Band for a facility rental grant on an on-going weekly/monthly basis, and further, That the Clan MacKenzie Pipe Band negotiate the cost for space with staff. That we approve, in principle, an in-kind grant to the St. Mary's General Hospital, for the Festival of Trees and Lights, to take place from November 24 - 30, 1998, in the amount of $4,300.00, and further, That we approve, in principle, an in-kind grant to A Christmas Fantasy in Victoria Park, in the amount of $15,000.00. That we approve a one-time grant in the amount of $1,000.00 to assist with the 1999 Canadian Age Class Short Track Speed Skating Championships to be held on April 2 - 4, 1999. That no action be taken on the request of the UW Canada Day Celebrations for a grant in the amount of $3,500.00, to assist with the annual Canada Day celebrations at the University of Waterloo. That the Mayor and Clerk be authorized to enter into an agreement with Canadian TODS Limited to install 2 tourism/promotional signs on Highway 7/8 at a cost of $3,900.00 each plus G.S.T., on a one year basis only. That no action be taken on the request of the Ontario Municipal Social Services Association for a cash grant in the amount of $1,000.00, to help with the Annual General Meeting and Learning Symposium being held May 31 - June 2, 1998. That consideration of the 1998 Annual Grants and General Provision Grant Budget be deferred and referred to the Community Services Committee meeting of June 22, 1998, pending further information from staff. JUNE 1, 1998 COUNCIL MINUTES - 335- CITY OF KITCHENER COUNCIL MINUTES JUNE1, 1998 - 335- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - That Julie Nantais be granted permission to hold a Carnival on June 7, 1998 at the Bridgeport Community Centre, provided the necessary license is obtained; and, That a reduced fee of $10.00 be applicable, with the applicant to obtain the necessary insurance coverage for a fee of $54.00; and further, That in regard to the above costs, a $64.00 grant from the General Grant Provision be awarded to Julie Nantais. That no action be taken on the request of Mr. Derick Trahey for an amendment to the Refreshment Vehicle By-law to provide for the operation of an ice cream vending truck. That provided the necessary licenses are obtained, the Kitchener Downtown Business Association be granted permission to operate various activities on public property on May 29, June 24 - 27 and July 10, 1998 as outlined in correspondence from N. Brawley, Executive Director, dated May 14, 1998. That Gary Bock, (Sparkles the Clown) be granted permission to sell balloons during Oktoberfest (October 9 - 17, 1998) in the Civic Square, provided the necessary license is obtained; and further, That if accredited by Oktoberfest, the nominal fee of $1.00 be applicable; otherwise, the fee be as set out in the by-law. That the previously formed staff committee, to include Dr. R. Williams, University of Waterloo, evaluate options #1, #4 and #6 for the selection of Kitchener representatives on Regional Council as outlined in the report of R. W. Pritchard dated May 8, 1998, or viable variation thereof and the review include a secondary run-off concept; and further, That in addition the Committee make recommendations as to a public consultation process to receive input on these options. (As Amended) That Council endorse the continuation of the activity based costing analysis undertaken by the Finance Department with completion of Phase 2 involving the Parks and Recreation Department targeted for the end of 1998, and Phase 3 involving the remainder of City departments by the end of 1999. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the Regional Municipality of Waterloo be requested to immediately install traffic control signals at the intersection of Courtland Avenue and Siebert Avenue, as this intersection meets the signal warrant criteria. (As Amended) That the Ministry of Transportation reimburse the City of Kitchener and the Regional Municipality of Waterloo for all costs associated with the closure of the Ottawa Street bridge, and further, That staff of the City and the Region negotiate cost sharing agreements with the Ministry of Transportation. That the Ministry of Transportation of Ontario and its Contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener's Municipal Code, Article 6 (Construction Work), during the reconstruction of the K-W Expressway between Courtland Avenue and Frederick Street, and all related work during the period from July 1, 1998 to July 31, 2000, for such purposes as erecting temporary concrete barriers, ramp reconstruction, erection of temporary scaffolding and paving, and further, COUNCIL MINUTES JUNE 1, 1998 - 336- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 3. (Cont'd) That no jackhammering or pile driving will be permitted between the hours of 9:00 p.m. and 7:00 a.m. daily; and further, That the Ministry provide the residents in the affected area with a 24-hour phone number to whom the residents and our by-law staff can address evening excessive noise concerns to and in that regard. (As Amended) That the continuation of the Courtesy Warning Program for Parking Infraction Notices on a permanent basis, and the associated staffing requirements, be referred back to staff for further consideration and report at a future date. That the new Downtown street lighting standard be incorporated in the realignment/construction of Francis Street, between King Street and Charles Street, and further, That funds for these adjustments be provided out of the Street Lighting Capital Budget. That the City of Kitchener waive its normal procedure for the selection of consultants and retain Schugg Engineering Ltd. as our engineering consultant to undertake the design and contract administration for the extension of the municipal watermain by 395856 Ontario Ltd. for lands to be purchased from Ontario Realty Corporation, being part of Lot 13, Beasley's Broken Front Concession, Old King Street East, just south of Riverbank Drive, Kitchener, Ward 6. COUNCIL MINUTES JUNE 1, 1998 - 337 - 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. Enqineerinq Aqreement - 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 MTE Consultants Inc., regarding lan Cook Subdivision - Erinbrook Court, Draft Plan of Subdivision 30T-96003." 2. Encroachment Aqreements i) SOUTH WARD It was resolved: "That the resolution adopted by Council at its meeting on April 14, 1998 authorizing the Mayor and Clerk to execute an Encroachment Agreement with the registered owners of 114 Queen Charlotte Crescent granting permission to encroach onto the adjacent City walkway, including the construction of two fences, be amended by deleting the word 'wooden'." ii) BRIDGEPORT-NORTH WARD This item was dealt with under delegations. 3. Licenses It was resolved: "That a 1998 Ice Cream Vehicle Driver Licence be issued to Mr. Thomas J. Williamson. -and- "That subject to "Polar Ice" obtaining a 1998 Business Licence, Kerry Louise Atkinson be issued a 1998 Ice Cream Vehicle Driver Licence." -and- "That the City of Kitchener has no objection to a Provincial Licence being issued to the Kitchener Waterloo Symphony, 101 Queen Street, Kitchener, Ontario, N2H 6P7, to hold a raffle in the City of Kitchener for the 1998/99 KWS Lexus Lottery to be held on February, 19, 1999, including 19 Early Bird draws." - and - "That the City of Kitchener has no objection to amending the Provincial Licence being issued to the St. Mary's General Hospital Foundation, 911 Queens Blvd., Kitchener, Ontario, N2M 1B2, for a raffle lottery to be held at St. Mary's General Hospital, 911 Queen's Blvd., Kitchener, Ontario, and further, COUNCIL MINUTES JUNE 1, 1998 - 338- CITY OF KITCI:IENER COUNCIL MINUTES JUNE 1, 1998 - 338- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES JUNE 1, 1998 - 338 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 3. Licenses (Cont'd) That the amendment change the draw date from June 15, 1998 to November 13, 1998, and will include 10 early bird draws." 4. Tender This item was dealt with under delegations. 5. Tax Adjustment Applications The Committee was in receipt of a letter dated May 27, 1998 from Mr. R.W. Pritchard. It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." 6. Civic Square Security The Committee was in receipt of a memorandum dated May 29, 1998 from Mr. J. McBride dealing with Civic Square security. Mr. J. Gazzola commented on the nature of the problems being experienced and noted that they must be overcome due to their impact on the image of the Civic Square and the Downtown. In this regard, a number of options were proposed in the memorandum and Mr. Gazzola recommended the Committee adopt Option #2 funded from the Capital Contingency Account and also approve a portion of Option #5 that would provide for an increased security presence. After some discussion, the Committee requested that until the cameras could be installed, security staff resources be reallocated to provide a higher visibility in and around Civic Square. On motion by Councillor K. Taylor-Harrison, It was resolved: "That we authorize the purchase and installation of five pan/tilt/zoom (PTZ) cameras that would provide scanning capability of the area under the City Hall overhangs facing King Street as well as the entire Civic Square, Young Street, College Street, and Duke Street sides of City Hall at an approximate cost of $46,000 funded from the Capital Contingency Account." 7. Encroachment Aqreement - 128 Idle Creek Drive It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 28, Plan 1799, known as 128 Idle Creek Drive, to permit the continued use of a 4 foot wide garden as it extends 10 feet, more or less, onto City property to the rear of the said lot." JUNE 1, 1998 COUNCIL MINUTES - 339- CITY OF KITCHENER COUNCIL MINUTES JUNE 1, 1998 - 339- CITY OF KITCHENER JUNE 1, 1998 REPORTS ADOPTED BY COUNCIL Licence It was resolved: "That Shawna Meadus be granted a Massagist licence for the year 1998." Purchase of Land re: Proposed Expansion of Doon Valley Golf Course The Committee was in receipt of a memorandum dated June 1, 1998 from Mr. G. Andersen recommending purchase of lands with frontage on Fountain Street in Cambridge to be added to adjoining City-owned lands for the proposed expansion of Doon Valley Golf Course. COUNCIL MINUTES - 339 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9. Purchase of Land re: Proposed Expansion of Doon Valley Golf Course (Cont'd) It was resolved: "That the City accepts an offer from Elke Marliese Stoll and Dieter Stoll dated May 29, 1998 to sell 33.5 acres of vacant land to the City for $201,000 plus 40 complimentary golf passes and one used golf power cart in running condition. The land is legally described as Part of Lots 9 and 10, Beasley's Old Survey designated as Parts 1 and 2, Plan 67R- 1686 in Cambridge; and the transaction is conditional upon investigation during a 90-day period following acceptance to ensure that the land is not in an adverse environmental condition; and further, That the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor to complete this transaction." 10. Market Square Parkinq Garaqe Repairs re: Noise By-law Exemption Request The Committee was in receipt of a memorandum dated June 1, 1998 from the Department of Public Works. It was resolved: "That the Cora Group and their contractors be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code, Article 6, Construction Work, during repairs of the Market Square Parking Garage from June 1 until June 7, 1998 between the hours of 6 p.m. and 7 p.m. and from June 8 until August 31, 1998 between the hours of 6 p.m. and 11 p.m." 11. In-Camera Meetinq It was resolved: "That an in-camera meeting of City Council be held immediately following this regular meeting to consider a matter subject to solicitor-client privilege."