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Home My WebLink AboutCouncil Minutes - 1998-06-15COUNCIL\1998-06-15 JUNE 15, 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 Mr. Ralph Carter. Mayor C. Zehr thanked Mr. Carter for his rendition of the National Anthem this date. On motion by Councillor Jake Smola, the minutes of the regular meeting held June 1, 1998 and the special meeting held June 8, 1998, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS - N I L Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Councillor J. Ziegler questioned how many buses were involved and what work was being done in connection with Tender T 98-046 for refurbishing of the coaches. Mr. Gordon advised that two buses were being upgraded and the work involved structural repair as well as interior refinishing. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That Expression of Interest E98-016, Consultant Services - Master Site Plan - Kitchener Memorial Auditorium Complex, be awarded to IBI Group, Toronto at an upset fee of $49,995., plus G.S.T." -and- "That tender T98-046, Refurbishing of Transit Coaches, be awarded to National Refurbishing Inc., Milton, Ontario, at their tendered price of $103,142.88, plus G.S.T. and P.S.T." Carried. Ms. Margaret Sanderson and Mr. Dave McClintock, appeared as a delegation representing the Organizing Committee of the Royal Trust 1998 Southwestern Regional Athletics and Boccia Meet. Ms. Sanderson noted that the event had taken place on Saturday, May 9 and involved approximately 150 athletes from across the Province who participated in various athletic event classifications. Mr. McClintock pointed out that the City of Kitchener has put in a bid to host Ontario Games. Ms. Sanderson commented on the success of the Games and advised that five sponsors were to be recognized in this regard, with Mayor C. Zehr presenting framed certificates to representatives of the sponsors. Mr. Bruce Dobney appeared as a delegation in opposition to the Committee of Adjustment recommendation of refusal with regard to his fence application Submission No.F 2/98, 185 Montcalm Drive. Councillor Jake Smola spoke on Mr. Dobney's behalf and provided a brief background on the issue. He indicated that Mr. Dobney had removed a high hedge along his property lines with the intention of erecting a fence in its place, but subsequently found his proposal was contrary to the Fence By-law which necessitated a variance application to the Committee of Adjustment. He indicated that Mr. Dobney now proposes to erect a 4-foot high chain link fence along the property lines of Ottawa Street and Montcalm Drive and provide for a 25-foot daylight triangle. Moved by Councillor Jake Smola Seconded by Councillor J. Ziegler "That we not accept the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of June 9, 1998 recommending refusal of Submission No. F 2/98 - N. Bruce Dobney; and further, That we approve Submission No. F 2/98 - N. Bruce Dobney, 185 Montcalm Drive, as amended, to permit a 1.2m (4') high chain link fence on the lot line along Montcalm Drive, from the existing driveway to a point 7.62m (25') north of the intersection of Montcalm Drive and Ottawa Street, rather than the required 4.5m (15') from the lot line along Montcalm Drive and 15.24m (50') from the intersection; and further, That we approve a 1.2m (4') high chainlink fence on the lot line along Ottawa Street, 7.62m (25') 15, 1998 COUNCIL MINUTES -358- CITY OF KITCHENER west of the intersection of Montcalm Drive and Ottawa Street rather than the required 15.24m (50') from the intersection; and further, That the approval of Submission No. F 2/98, as amended, shall be subject to the owner maintaining a 7.62m (25') daylight triangle at the intersection of Ottawa Street and Montcalm Drive." Carried. Mr. Stuart Hoegner was in attendance to represent Mr. John Kuzyk who had registered as a delegation in opposition to the Committee of Adjustment recommendation of approval respecting a fence application Submission No. F 3/98 of Simon and Tonia Kampian. Councillor B. Vrbanovic advised that he had become involved in Submission No.F 3/98 and requested Council to defer consideration of the Committee of Adjustment recommendation to its July 6 meeting. Moved by Councillor B. Vrbanovic Seconded by Councillor John Smola "That we defer and refer consideration of the following Committee of Adjustment recommendation pertaining to Submission No. F 3/98 to the July 6 Council meeting: 'That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of June 9, 1998, recommending approval of Submission No. F 3/98 - Simon and Tonia Kampian - be ratified and confirmed."' Carried. Ms. Pat McLean appeared as a delegation on behalf of Habitat for Humanity, Waterloo Region Inc., to present the information contained in a letter dated June 8, 1998 circulated to members of Council by Ms. Lila Beach, Chair of the Habitat Board of Directors. Ms. McLean indicated that the City previously provided an offset grant to cover development charges for earlier projects and noted that she was requesting the same treatment for a project at a former Kitchener-Wilmot Hydro site on Strasburg Road just off Ottawa Street that would provide for two bungalows. In addition, she advised that Habitat was also requesting that building permit fees be waived. She commented on the philosophy related to the undertaking and invited Councillors to participate in construction activity. In response to Councillor B. Vrbanovic, Ms. McLean advised that the City previously granted the full amount of development charges. Council discussed the request which Ms. P. Houston advised would have to be funded from the General Provision Account for grants. She also confirmed that the City has given development charge grants to Habitat in the past. It was noted that Habitat was asking for a $5,000 grant for each dwelling unit, as well as waiving of the $1,500 building permit fee. Councillor J. Ziegler suggested that the request should be referred to Finance and Administration Committee for consideration at its June 22 meeting with staff being instructed to provide a report summarizing past grants to Habitat for Humanity. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the request of Habitat for Humanity for a grant to cover development charge fees totalling approximately $10,000 and building permit fees totalling approximately $1,500 be referred to the June 22, 1998 Finance and Administration Committee meeting for further consideration." Carried. Messrs. Julian Ichim, Davin Charney and Ms. Jeanette Tussounian, appeared as a delegation with regard to clause 2 of the Community Services Committee report of this date in support of their request to utilize Victoria Park on July 25, 1998 for their Cannabis Awareness Project. Mr. Ichim advised that the group was not asking for any money or support and stressed that it was not promoting cannabis as the purpose was just to raise awareness which was reflected in a Cannabis Carnival poster that he distributed. Mr. Charney commented that the poster outlines the topics that they wished to focus on and pointed out that a similar event had been held at the University of Guelph that resulted in no problems nor any arrests. He then read from an article that dealt with the right to use public space for public events and stressed that it was not their intention to engage in any civil disobedience. Mr. Ichim confirmed that they would undertake to marshall the event. In response to Councillor B. Vrbanovic, Ms. Tussounian commented that the subject of awareness of cannabis would address industrial use, medical use and recreational JUNE 15, 1998 COUNCIL MINUTES - 359- CITY OF KITCHENER use. Councillor B. Vrbanovic questioned if the group had attempted to secure a private location to host the event and was advised that no approach had been made in this regard. Further the delegation suggested that in their view the best space was public space to bring a message to the public. Councillor Vrbanovic commented that Speakers Corners was available to anyone to make their message known to the public. Councillor G. Lorentz questioned what the group's plans were to marshall the event and Mr. Ichim advised that they would undertake to marshall the event themselves and co-operate with regional police. Councillor Lorentz questioned what detailed planning had taken place in this regard and Mr. Charney noted that the wording of the Committee recommendation only asked the organizers to marshall the event to the satisfaction of City staff and did not require development of a plan prior to approval. In response to Councillor Vrbanovic, the delegation advised that no arrangements had been made for insurance. Ms. D. Arnold, Assistant City Solicitor, outlined what insurance coverage the City would expect for such an event. A lengthy discussion followed on issues of event marshalling, police presence, payment of expenses by the group and an explanation of just what staff view the definition of marshalling to be. Councillor J. Ziegler questioned what the rights of people were to use this public space. Mr. J. Shivas, City Solicitor, noted that the request relates to a freedom of expression issue, but carries obligations with it. In this regard, he advised that the organizers must act in a responsible way and Council had an obligation to assure itself the event will not be an illegal event. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That clause 2 of the report of the Community Services Committee of this date be adopted." Councillor K. Taylor-Harrison questioned if the event marshalls had ultimate responsibility for activities that would take place in Victoria Park and Mr. J. Shivas advised that the question be placed on the organizers of the event as responsibility should fall on their shoulders. Councillor J. Ziegler commented that in his view the organizers were promoting an opinion and provided they address the marshalling issue, obtain any necessary licences, he would support the Committee recommendation. Councillor T. Galloway advised that he was opposed to the Committee recommendation and pointed to inadequacies of the event proposal as reflected in discussion this date. It was his view that it was unfair to require staff to judge the ability of the proponents to adequately marshall the event. He noted that the history of cannabis festivals across the country was one of civil disobedience and it was his view that Council should not be seen as promoting the event given their responsibility as stewards of public space. He suggested that the group had two options that they could utilize to convey their opinions, firstly use of Speakers Corners at any time and secondly, rental of a committee room facility in City Hall. Councillor J. Haalboom stated that she was also opposed to the Committee recommendation and in this regard referred to a recent magazine article that quoted the views of Mr. Charney respecting an individual's right to engage in activity. Councillor G. Lorentz stated that it had been his expectation that the proponents of the event would supply a comprehensive plan but that they had not taken responsibility for such planning. He commented that if Council was to consent to the event proceeding, it should be conditional on final approval after reviewing detailed plans. Councillor J. Ziegler referred to the magazine article that quoted Mr. Charney and requested that Councillor J. Haalboom re-read a portion of it. He commented that before he heard the article, he did not have a problem with the proposal, but having heard the views of the organizers as referred to in the article, he advised that he would withdraw his support. Councillor K. Taylor-Harrison advised that she could not support the request for numerous reasons and that trust was a major issue of concern to her. The original motion of Councillor G. Lorentz, seconded by Councillor J. Ziegler to adopt clause 2 of the report of the Community Services Committee of this date was put to a vote and LOST on a requested recorded vote with all members of Council unanimously voting in the negative. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That no action be taken on the request of the proponents of the Cannabis Awareness Project to hold a rally at Victoria Park on Saturday, July 25, 1998." Carried. JUNE 15, 1998 COUNCIL MINUTES -360- CITY OF KITCHENER Mr. Dave Norman appeared as a delegation to make Council aware of problems he encountered in attempting to book a location for a charity music festival for Ontario Students Against Impaired Driving. He indicated that he had approached the G.R.C.A., the Centre In The Square and the Region of Waterloo in respect to his concert proposal. He advised that a Regional staff report was negative to the proposal and that at this late date he was unable to obtain approval from the Liquor Licence Board to sell at the event. He referred to the attempts he has made to bring his proposal on stream and the problems he has encountered and suggested something has to be done to facilitate the approval process. In this regard, he advised Council that he was willing to volunteer to work with staff to prepare a guide on the "How To's" to run a charity event out-of-doors. No action was forthcoming from Council with respect to Mr. Norman's presentation. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the report of the Planning and Economic Development Committee of this date be adopted." Referring to clause 6 of the report, Councillor J. Haalboom again mentioned her concern regarding the 120 metre circulation distance requirement as being inadequate in rural areas. She questioned how Councillors would know when notice signs had been erected and if they were installed when Councillors received their copy of the application notification letter. Mr. Stanley advised that the notice signs would be put in place simultaneously with receipt of an application. Councillor J. Ziegler pointed out that a letter dated June 10, 1998 had been circulated to members of Council from the City Solicitor advising of clarification and requesting a revision with respect to clause #2 of the report. Councillor Ziegler also proposed a minor revision in regard to closing of the offer. A motion by Councillor J. Ziegler, seconded by Councillor T. Galloway to amend clause 2 in accordance with the revised wording proposed by the City Solicitor and to also add reference to the offer closing on or before September 21, 1998 was Carried. The report was then put to a vote. Voted on clause by clause. Clause #2 - Carried, as amended. Balance of Report - Carried. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That the report of the Environmental Committee of this date be adopted." Carried. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That the report of the Finance and Administration Committee of this date be adopted." It was noted that the staff report referred to in clause #1 was not available for the Council meeting and agreed that the clause be amended to make reference to the report being placed before the Finance and Administration Committee on June 22, 1998. Councillor J. Ziegler referred to clause #4 of the report and questioned if certain staff consolidations should not take place in conjunction with the Communications Officer position. Councillor Ziegler was not in favour of adding another layer of administration with increased budget costs. Councillor B. Vrbanovic commented that phase 2 of the process addresses the concerns expressed by Councillor J. Ziegler and Mayor C. Zehr pointed out that the recommendations in the original report had been scaled back. Mr. J. Gazzola advised that the original report had suggested some four staff members but it was now proposed to engage just the Communications Officer and an Assistant and consolidate other positions where possible. He emphasized that throughout the City a number of people worked partially in a marketing function as opposed to a communication role. He suggested that there was opportunity for some reductions to take place. COUNCIL MINUTES JUNE 15, 1998 - 361- CITY OF KITCHENER A substantive discussion took place involving issues of duplication, co-ordination and consolidation of marketing/communication functions, as well as revising the date to complete phases 2 and 3. A motion by Councillor C. Weylie, seconded by Councillor Jake Smola to amend clause #4 by changing the completion dates respecting phases 2 and 3 to December 31, 1998 and February 15, 1999 respectively, was Carried. A further motion by Councillor J. Ziegler with regard to clause #4 was accepted by the Mover and the Seconder as a friendly amendment that would shift the review of tourism promotion in the municipality from phase 3 to phase 2 and request that one year after completion of phase 3, staff prepare a report reviewing the effectiveness of the Communication Officer position to determine if it is meeting the needs of the corporation. The report was then put to a vote. Voted on clause by clause. Clauses #1 & #4 - Carried, as amended. Balance of Report - Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) of this date be adopted." Councillor J. Haalboom advised that the Committee recommendation should be deferred given that a demolition control application with respect to 196 Queen Street South and 202 Queen Street South was scheduled to be considered by the Planning and Economic Development Committee at its meeting to be held June 22, 1998. Mr. B. Stanley advised that 196 Queen Street South was designated under the Heritage Act and consequently, is affected by two pieces of legislation being; firstly, the Heritage Act and secondly, the Planning Act with regard to the demolition application. It was his recommendation that Council defer the Heritage Committee report to its July 6 meeting so as not to pre-judge the matter in advance of consideration by the Planning and Economic Development Committee of the demolition application at its June 22 meeting. On motion by Councillor J. Haalboom, seconded by Councillor T. Galloway, the Heritage Kitchener report was deferred and referred to the July 6, 1998 Council meeting for consideration. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Voted on clause by clause. Clause #2 - Dealt with under delegations and Motion Lost. Balance of Report - Carried. Councillor J. Ziegler referred to a charity golf tournament scheduled to take place July 25 and advised that the group sponsoring the event has requested if the City could provide a prize. By general consent it was agreed that Mayor C. Zehr would attend to the request. Councillor G. Lorentz advised of numerous complaints he has received regarding the new cellular telephone tower erected at the intersection of Fischer-Hallman Road and the Conestoga Expressway. The tower has a warning beacon that emits a piercing strobe-like light. Councillor Lorentz advised that he has brought this concern to the attention of Mr. G. Leadston, M.P.P. Councillor T. Galloway stated that he has also received complaints and commented that there was no planning nor any consultation with respect to the tower and expressed dismay that something so intrusive was erected in the midst of a residential area. Councillor J. Haalboom commented that she was equally concerned and requested that a report come back to either the Planning and Economic Development Committee or the Public Works and Transportation Committee on the issue. Mr. E. Kovacs advised that he would deal with the concerns that have been expressed regarding this installation. JUNE 15, 1998 COUNCIL MINUTES - 362- CITY OF KITCHENER Councillor J. Haalboom commented on community planning taking place today with its neo-traditional thrust and suggested that the planning approach should also include consideration of physical features. She questioned if the Planning and Economic Development Committee members could consider whether there was interest on their part in pursuing this issue. Mayor C. Zehr suggested that a questionnaire for Council could be prepared by the Mayor's office staff and circulated to address Councillor Haalboom's request. Councillor T. Galloway advised that the City's Art Committee had met with three artists selected from many in a competition and had chosen a proposal by Carol Bradley of Kitchener entitled "Strata" for placement in the new Country Hills Community Centre. He indicated that the art work would be in place by January, 1999 and would involve the community. Councillor C. Weylie advised that three Mayors from Ghana had been visiting the City during the last four days and in this regard she presented a gift to Mayor C. Zehr they had left in recognition of their visit. Councillor B. Vrbanovic advised that the official opening of Fire Station #4 located at King Street and Fairway Road North would take place on Saturday June 20, 1998. Moved by Councillor J. Ziegler 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 By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lynn and John Teixeira - 190 Victoria Street North - No.97140NIZJ (b) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code regarding Parks (c) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (d) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff (e) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code (f) 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 Jake Smola as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor Jake Smola Seconded by Councillor M. Yantzi "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. Ziegler Seconded by Councillor G. Lorentz "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Lynn and John Teixeira - 190 Victoria Street North - No.97140NIZJ JUNE 15, 1998 COUNCIL MINUTES -363- CITY OF KITCHENER (b) (c) (d) (e) (f) (By-law No. 98-68) Being a by-law to amend Chapter 270 of the City of Kitchener Municipal Code regarding Parks (By-law No. 98-69) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 98-70) Being a by-law to amend Chapter 101 of the City of Kitchener Municipal Code respecting the Appointment of Staff (By-law No. 98-71) Being a by-law to amend various Chapters of the City of Kitchener Municipal Code (By-law No. 98-72) To confirm all actions and proceedings of the Council (By-law No. 98-73) 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 Councillor J. Ziegler be appointed Acting Chair of the June 8, 1998 Planning and Economic Development Committee meeting. That we approve the request of Peter Waters for an extension to the inspection period to August 21, 1998 respecting an Offer to Purchase accepted March 31, 1998 and to close on or before September 21, 1998 for Part 14, Plan 58R-5840 (Site 119) municipally known as 570 Trillium Drive. (As Amended) That Zone Change Application ZC 97140N/ZJ (Lynn and John Teixeira) requesting a change in zoning from Service Commercial Zone (C-6) with special use provision 3U to Service Commercial Zone (C-6) with special use provisions 3U and 254U and special regulation provision 288R according to By-law 85-1 on lands legally described as Part of Lot 26, Grange's Survey, North of King Street and South of the CNR, Registered Plan 374 and more particularly described as Parts 2 and 3 on Plan 58R-4442, be approved, in the form shown in the "Proposed By-law" attached, dated April 22, 1998 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the City's Municipal Plan. That City Council support the requests for temporary occupancy for 4396 King Street East and 1373 Victoria Street North, each of their approvals conditional upon the following: "That enforcement of the City's Zoning By-law be waived with respect to the sale of sporting goods at 4396 King Street East and 1373 Victoria Street North and temporary occupancy be approved subject to the uses vacating the location in the event the City Initiated Zone Change to add the sale of sporting goods to the C-6 and C-8 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." 1) That the Department of a Planning and Development be directed to hold an informal public meeting to solicit public input on the regulation of amusement arcades in the downtown at which the following alternative approaches should be considered: a) that no changes to the current zoning regulations relative to amusement arcades be considered. b) that Zone Change Application ZC 97/17/K/JG (Sammy's Social Club-350 King Street West) and ZC 98/4/JG (The Lyric Night Club-122 King Street West) be processed independently and considered on the basis of their individual merits, and that all future applications for amusement arcades in the downtown be considered on a site specific basis. c) that comprehensive changes to the current zoning by-law regulations, and possibly Municipal Plan policies, for amusement arcades in the downtown be considered, affecting all D-1 properties in the downtown. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 5. Cont'd 2) That the Department of Planning and Development be requested to bring back a full report on the review of the regulation of amusement arcades in the downtown on October 26, 1998, including recommendations relating to Zone Change Application ZC 97/17/K/JG JUNE 15, 1998 COUNCIL MINUTES - 365- CITY OF KITCHENER COUNCIL MINUTES JUNE 15, 1998 - 365- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (Sammy's Social Club-350 King Street West) and ZC 98/4/JG (The Lyric Night Club-122 King Street West). That Policy 1-705 (Public Participation in the Planning Process) be revised to require the posting of notice signs and preliminary circulation letters for applications for plans of subdivision. That Policy 1-745 (Temporary Occupancy) be revised by deleting Clause 1 b), thereby removing the requirement to complete preliminary circulation of a zone change application to the neighbourhood as a condition of temporary occupancy, prior to Council's consideration. ENVIRONMENTAL COMMITTEE - That the Environmental Committee endorses the City of Kitchener hosting a major conference forum on CO2 Reduction through the advancement of a hydrogen economy and that the staff Environmental Study Group be requested to serve as an initial Steering Committee with a view to developing a concept for the conference and recommending a conference organizing structure to the Environmental Committee. FINANCE AND ADMINISTRATION COMMITTEE - That in regard to the request of Marillac Place that the City hold a first mortgage on its proposed new location at 240 Frederick Street, staff investigate and report on if and how the City can assist in this regard, including current investment rates and possible use of the Community Development Fund; and further, That a report in regard to the above be submitted for consideration Administration Committee on June 22, 1998. to the Finance and (As Amended) That the Mayor and Clerk be authorized to execute an agreement with the Kitchener-Waterloo and North Waterloo Humane Society for the provision of animal control and pound services for the Corporation of the City of Kitchener for a three year period effective the first day of January, 1998. That Legal and Licencing staff investigate and report on the feasibility of a separate licencing category in regard to the sale of fireworks by vendors in circumstances similar to Mr. Shawn Miller who are involved in the sale of other products from temporary locations during the remainder of the year on an ongoing basis. That a Corporate Communications/Marketing Division be established using the following phased in process: Phase 1 - the City to establish a new position of Communications Officer, applications to be accepted from both internal and external applicants, with the process to fill this position to commence immediately and be completed by August 15, 1998; Phase 2 - the Communications Officer will prepare an implementation plan to centralize marketing under a corporate structure and in such a manner as to eliminate any current duplication, with this phase to be completed by December 31, 1998; and, that a review of tourism promotion in the municipality be carried out at that time; and further, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 4. (Cont'd) Phase 3 - the Communications Officer will report by February 15, 1999 as to the feasibility of combining Special Event Section marketing within the Corporate Communication/Marketing JUNE 15, 1998 COUNCIL MINUTES - 366- CITY OF KITCHENER COUNCIL MINUTES JUNE 15, 1998 - 366- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Division; and further, That one year after completion of Phase 3, staff prepare a report reviewing the effectiveness of the Communications Officer position to determine if it is meeting the needs of the Corporation. (As Amended) That staff renew the City's petition to the Province of Ontario requesting permission to issue a second interim tax bill and meet with local M.P.P.'s in this regard, and further; That the Association of Municipalities of Ontario be provided with the information requested in regard to the cost to the municipality of delaying 1998 tax billing. That Kitchener City Council request the Province of Ontario to further extend its advance funding program deadline for submitting a roster of local charities from mid July, 1998 to September 30, 1998. HERITAGE KITCHENER (L.A.C.A.C.) That, pursuant to Section 43 of the Ontario Heritaqe Act, we refuse the request of the owner to demolish the designated property known municipally as 196 Queen Street South, located in the Victoria Park Area Heritage Conservation District. (Action deferred and referred to the July 6, 1998 Council meeting for consideration) COMMUNITY SERVICES COMMITTEE - That we approve the request of the Christkindl Market 1998 for an in-kind grant in the amount of $10,000.00 for the event to take place on December 10 - 13, 1998. That, subject to paying all expenses incurred and subject to the event organizers marshalling the event to the satisfaction of City staff, we approve the request of the Cannabis Awareness Project to hold a rally at Victoria Park on Saturday, July 25, 1998, from noon to 4:20 p.m., and further, That the Cannabis Awareness Project shall pay for and obtain all necessary licences for this event. (Dealt with under delegations and Motion Lost) That we approve the request of the Mayor's Advisory Council on Youth for an in-kind grant, in the amount of $756.43 for their Canada Day Youth Talent Showcase to take place in Civic Square on June 30, 1998. COUNCIL MINUTES JUNE 15, 1998 - 367 - 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. Assessment Review Board Assessment Appeal - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeal related to 528 Victoria Street North, Kitchener." 2. Uncollectible Utility Accounts It was resolved: "That Uncollectible Utility Accounts amounting to $27,870.77 be written off against the Allowance for Doubtful Utility Receivables." 3. Do.q Desi.qnation Committee Appeal It was resolved: "That the decision of the Dog Designation Appeal Committee in regard to an appeal filed by Natalie Ralishaw and a hearing held on May 11, 1998 be approved." 4. Licenses It was resolved: "That Holly Laverty be granted a Massagist licence for the year 1998." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Rotary Club of Kitchener-Conestoga, 451 Ottawa St. S., Kitchener, Ontario N2M 3P6, to conduct a "Dream Home" Raffle Lottery on January 30, 1999, in the City of Kitchener, which will also include a series of "Early Bird" draws." -and- "That the Human Resource Centre for Students, 25 Frederick Street, Unit 111, Kitchener, Ontario, N2H 6M8, be granted permission to operate a place of refreshment at Benton and Frederick Streets, Speakers Corner, on June 18 and June 19, 1998, provided that the necessary Fire and Health and Licence approvals are obtained and further, that the nominal fee of $10.00 be applicable." -and- "That the Human Resource Centre for Students, 25 Frederick Street, Unit 111, Kitchener, Ontario N2H 6M8, be granted permission to operate a place of refreshment in City Hall's Civic Square on June 28, 1998, provided that the necessary Fire and Health and Licence approvals are obtained and further, that the nominal fee of $10.00 be applicable." -and- COUNCIL MINUTES JUNE 15, 1998 - 368- CITY OF KITCHENER COUNCIL MINUTES JUNE 15, 1998 - 368- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES JUNE 15, 1998 - 368 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 4. Licenses (Cont'd) "That the Central Frederick Neighbourhood Association be granted permission to operate a place of refreshment, at Weber Park, on August 16, 1998 for their annual Summer Festival provided that the necessary Fire and Health and Licence are obtained and further, that the nominal fee of $10.00 be applicable." 5. Tenders The tenders were dealt with under delegations. 6. Offer to Sell - ROCKWAY-VICTORIA WARD It was resolved: "That the City accepts an offer from Helen Neira and Maximo Neira dated June 4, 1998 to sell their property municipally known as 135 Victoria Street South for $120,000.00. The land is legally described as Part of Lot 552, Plan 378; and Further, that the Mayor and Clerk be authorized to execute all documentation required by the City Solicitor to complete this transaction." 7. Transit Service to St. Jacob's Farmers Market It was resolved: "That beginning Saturday, June 20, 1998, Kitchener Transit provide service to the St. Jacob's Farmers Market and vicinity, and That costs for this service be paid by the City of Waterloo under the terms and conditions of the Kitchener-Waterloo Agreement for Transit Services." 8. Lease of Space - Maple Street Facility - BRIDGEPORT-NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to sign a lease with McAIlister Courier Inc. satisfactory to the City Solicitor to rent approximately 2,800 square feet in the City's building at 1197 Union St. (the "Maple Street facility") at a rent of $3.25 per square foot per annum plus G.S.T. and including utilities for a one year term but terminable on sixty days' notice; and further, That the Mayor and Clerk be authorized to sign a lease satisfactory to the City Solicitor with The Roofman Inc. to rent approximately 1,232 square feet at the Maple Street facility at a rent of $3.25 per square foot per annum plus G.S.T. and including utilities for a one year term but terminable on sixty days' notice." 9. Noise By-law Exemption - ROCKWAY-VICTORIA WARD COUNCIL MINUTES JUNE 15, 1998 - 369- CITY OF KITCHENER COUNCIL MINUTES JUNE 15, 1998 - 369- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Councillor J. Ziegler referred to Council's practice of granting exemptions to the City's Noise By-law and in this regard suggested that guidelines be developed to apply to future exemption requests. He commented that what he was after was that contractors operate their equipment in a certain way so as to minimize the impact of the off hours noise they are creating as a result of having received an exemption to the by-law. Mr. E. Kovacs advised that as direction regarding future noise by-law exemption requests, staff were asked if they could communicate with the public and obtain feedback before Council was requested to make a decision on such requests. He noted that this was an item for consideration on the future business agenda of the Public Works and Transportation Committee. COUNCIL MINUTES JUNE 15, 1998 - 369 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9. Noise By-law Exemption - ROCKWAY-VICTORIA WARD (Cont'd) It was resolved: "That the Region of Waterloo and its Contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the construction of all underground services and related work for the reversion of Duke and Charles Streets to two-way traffic from June 17, 1998 through September 19, 1998." 10. Committee of Adjustment Variances to Municipal Code, Chapter 630 (Fence) - GRAND RIVER, CHICOPEE AND CENTRE WARDS Submission No. F 2/98 - N. Bruce Dobney and Submission No. F 3/98 - Simon and Tonia Kampian were dealt with under delegations. It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of June 9, 1998, recommending approval of Submission No. F 4/98 - Ulvi Rebane - Be Ratified and Confirmed." 11. Grand River Hospital Corporation - By-law Amendment The Committee was in receipt of correspondence dated June 9, 1998 from Mr. Ronald D. Mulchey, President and CEO of Grand River Hospital, requesting Council's approval of Hospital Corporation By-law No. 2 amending its By-law No. 1. On motion by Mayor C. Zehr - It was resolved: "That we approve By-law No.2 (being a by-law to amend By-law No.1) passed by the Grand River Hospital Corporation Board of Trustees at its meeting held May 28, 1998." 12. Endorsement of Reqional Municipality of Waterloo Response to the Hospital Services Restructurinq Commission Mayor C. Zehr advised that the Council of the Regional Municipality of Waterloo had approved a report prepared as a response to the Health Services Restructuring Commission JUNE 15, 1998 COUNCIL MINUTES -370- CITY OF KITCHENER COUNCIL MINUTES JUNE 15, 1998 - 370- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL at its meeting held June 10, 1998. He recommended that the City of Kitchener give further weight to the Region's response by endorsing the report and advising the Commission of Kitchener's endorsement. On motion by Mayor C. Zehr - It was resolved: "That the Health Services Restructuring Commission be advised that the Council of the Corporation of the City of Kitchener endorses the Response to the Health Services Restructuring Commission of the Regional Municipality of Waterloo as set out in the Regional Report dated June 10, 1998." 13. Appointment to Kitchener Downtown Business Association It was resolved: "That Sam Alfieri from TD Bank be accepted as the Kitchener Downtown Business Association's new Financial Board Member for a term to expire November 30, 2000." JUNE 15, 1998 COUNCIL MINUTES - 370 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 14. Ukrainian Catholic Church of The Transfiguration - Offer to Transfer an Easement The Committee was in receipt of a memorandum dated June 11, 1998 from the Legal Department. It was resolved: "That the February 16, 1998 resolution of Council respecting the Ukrainian Catholic Church of The Transfiguration be amended by inserting the word 'legal' in the third paragraph to read as follows: 'That the City accepts the offer from the Ukrainian Catholic Church of the Transfiguration to sell to the City a 2,041 square metre storm and sanitary sewer easement in perpetuity over part of its property known as 15 Michael Street, legally described as Part of Lot 552, Registered Plan 378; and further, That as payment for the easement, the City shall undertake to resurface the existing asphalt parking lot and to place asphalt over some of the existing gravel parking area up to a maximum cost of $20,000 + GST; and further, That the City also agrees to pay survey costs and the owner's reasonable legal fees, to provide alternate parking and to reimburse the Church if confirmed hall rentals are lost due to on-site construction; and further, That the Mayor and Clerk are hereby authorized to execute any documents to complete the transaction deemed necessary by the City Solicitor."' 15. Place of Refreshment Licence It was resolved: JUNE 15, 1998 COUNCIL MINUTES - 371- CITY OF KITCHENER COUNCIL MINUTES JUNE 15, 1998 - 371- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL "That the Ethno Cultural Family Safety Network, 73 Frederick Street, Kitchener, Ontario N2H 2L3, be granted permission to operate a place of refreshment at City Hall in the Rotunda, on June 24, 1998, provided that the necessary Fire and Health and Licence approvals are obtained; and further, That the nominal fee of $10 be applicable." 16. Monster Binqo and Break Open Ticket Lottery It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the Big Brothers of Kitchener-Waterloo, 451 Ottawa Street South, Kitchener, N2M 3P6, for a Monster Bingo and a Break Open Ticket Lottery to be held in the Kiwanis Arena at the Kitchener Memorial Auditorium Complex on October 12, 1998." 17. Massaqists Licences It was resolved: "That the following massagists be granted Massagists licences for the year 1998: Dawn Neu Ruth McLeod." JUNE 15, 1998 COUNCIL MINUTES - 371 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 18. City Licensinq Aqreement (683593) with CNR Company re: Hiqhland West Subdivision It was resolved: "That the City enter into, and the Mayor and Clerk be authorized to execute, a licensing agreement dated July 1, 1998 with the Canadian National Railway Company to permit a storm water culvert to be constructed and cross under its right of way at mileage 65.87 of its Guelph Subdivision, as required for Highland West Subdivision 30T-86016 at Victoria Street South, Kitchener." 19. Dandy's Restaurant re: Request to Extend Outdoor Patio It was resolved: "That the City of Kitchener has no objection to Dandy's Restaurant, 85 King Street West, extending their patio on to King Street for the purpose of selling alcoholic beverages on July 10, 1998." 20. Aqreement with the Ministry of the Environment re: Study in Ralqreen Crescent Area It was resolved: COUNCIL MINUTES JUNE 15, 1998 - 37~- CITY OF KITCHENER COUNCIL MINUTES JUNE 15, 1998 - 37~- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL "That the Mayor and Clerk be authorized to execute an agreement with Her Majesty The Queen in Right of Ontario as represented by the Minister of the Environment, satisfactory to the City Solicitor, to equally share the costs of the study undertaken in the Ralgreen Crescent Area of the City of Kitchener." 21. In-Camera Meetinq It was resolved: "That an in-camera meeting of City Council be held immediately following this regular meeting to consider two matters subject to solicitor-client privilege."