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HomeMy WebLinkAboutCouncil Minutes - 1998-09-21COUNCIL\1998-09-21 SEPTEMBER 21, 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 Rockway Centre Glee Club. Following their rendition of the National Anthem, the Club sang another musical selection and was then thanked by Mayor C. Zehr for their presentation this date. On motion by Councillor K. Taylor-Harrison, the minutes of the regular meeting held on August 17, 1998 and special meeting held on September 14, 1998, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS - N I L Mayor C. Zehr presented a Certified Municipal Manager III certificate to T. Boutilier, Senior Planner, Special Projects, Department of Business and Planning Services. Mayor C. Zehr called on Ms. Gina Holstead who commented on the success of the Tooney Tuesdays undertaking and listed the sponsors of the program to whom Mayor C. Zehr presented tokens of the City's appreciation in recognition of their contribution. Specifically, these sponsors were 96.7 CHYM FM, A1 Looney, Rogers Community T.V., the Kitchener Downtown Business Association and the President of Family & Children's Services Foundation. He also expressed thanks to Ms. Holstead for her work toward making Tooney Tuesdays a successful undertaking. Ms. J. Jantzi and Mr. T. Boutilier appeared as delegations to present the Mayor and Council with a Provincial Award from the Ontario Professional Planners Institute for the report on the City's CIP Team, entitled "Enterprise 21: Fast Tracking to the Future". The staff members of the CIP Team were then identified, being: Roger LeBrun, Jim Witmer, Rob Morgan, June Koppeser, David Corks, Jane Jantzi and T. Boutilier. Mr. Boutilier and Ms. Jantzi provided brief comments regarding the award which Mayor C. Zehr accepted on behalf of City Council. Mr. Rick Maloney, Parole Officer and Ms. Marion Evans, Assistant Warden, Programs, Grand Valley Institute for Women, appeared as a delegation along with Ms. Charlotte Ranger to recognize the City's participation in the Inmate Work Release Program. Mr. Maloney explained that part of his role was to prepare and assist offenders to integrate into the community and he thanked the City of Kitchener for its support of the program. Ms. Ranger thanked City Council for its support, as well as, Mr. J. Gazzola and Ms. D. Robertson who dedicated many hours supervising, mentoring and training. Ms. Evans also expressed thanks to Council and the staff with whom she worked on this first time project, in particular she expressed thanks to Ms. D. Arnold and Mr. D. Paterson for their involvement. Mayor C. Zehr offered his congratulations to all individuals who had been involved in the program. In response to Councillor C. Weylie, Ms. Evans advised that any company wishing to participate in the program should contact her at the Grand Valley Institute for Women. Further she noted that the Institute will be holding an Open House in the near future to explain and promote the program. At this time, Ms. C. Ranger distributed commemorative pins from Grand Valley Institute to members of Council in recognition of this undertaking. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tenders listed on the Committee of the Whole agenda of this date. Councillor J. Haalboom questioned if there was any allowance for archeological work respecting Expression of Interest E98-068 regarding an environmental assessment for the Wabanaki Drive Location Study and was advised by staff that none was provided for at this time. Mr. L. Gordon also responded to questions regarding the bids received for Tender T98-066 dealing with specifications and included items. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That Tender T98-066, All Wheel Drive, Rubber Tired Industrial Tractors, be awarded as SEPTEMBER 21, 1998 COUNCIL MINUTES - 440 - CITY OF KITCHENER follows: Item #1 - One (1) 86 KW (115 hp) All Wheel Drive, Rubber Tired Industrial Tractor with front end loader and an extendible backhoe, complete to specification CKF-248, be awarded to Southwest Tractor Limited, Waterloo at their tendered price of $172,500., plus G.S.T. and P.S.T., and optional lube and oil changes during the warranty period of $2,400., plus G.S.T. and P.S.T. Item #2 - Two (2) 74 KW (99 hp) All Wheel Drive, Rubber Tired Industrial Tractors with front end loader and an extendible backhoe, complete to specification CKF-247, be awarded to Coleman Equipment Inc., New Dundee, Ontario at their tendered price of $176,108., plus G.S.T. and P.S.T, and optional Wain Roy Rota-Jaw Bucket on one unit for $18,545., and optional lube, oil and service during the warranty period of $1,200. for each unit." -and- "That tender T98-064, Fleet Equipment - Dump Truck And Snow Plow Equipment, be awarded to Volvo Trucks Waterloo, Waterloo at their tendered price of $141,910., plus G.S.T. and P.S.T." -and- "That tender T98-070, Modified Mini Bus For Specialized Transit Service, be awarded to Leeds Transit Sales Limited, Elgin, Ontario at their tendered price of $126,824. for two (2) buses, plus G.S.T. and P.S.T." -and- "That Expression of Interest E98-068, Consultant Services - Schedule "C" Class Environmental Assessment, Wabanaki Drive Location Study, be awarded to Stanley Consulting Group Ltd., Kitchener, at an estimated fee of $90,620., plus G.S.T., based on a satisfactory contract being negotiated and an upset fee being established." -and- "That tender T98-073, Supply of Residential Water Heaters, be awarded as follows: 40, 50, & 75 Gallon Conventional; 40, 50, 60 & 75 Gallon Power Vent and 50 Gallon High Input Power Vent water heaters to GSW Water Heating Company, Fergus, Ontario at their tendered price of $1,239,915. per year for a two year period, plus G.S.T. and P.S.T. 60 Gallon Conventional and 50 Gallon Direct Vent water heaters to Rheem Canada Ltd., Hamilton, Ontario at their tendered price of $27,500. per year for a two year period, plus G.S.T. and P.S.T." Mr.J. McConnell, was registered as a delegation on behalf of the BLM Group Inc. respecting an Offer to Purchase several sites in Phase II of the Huron Business Park. Ms. J. Jantzi advised Council that Staff Report BPS No.98/123 dated September 18, 1998 had been distributed this date along with an updated map of the Huron Business Park. She identified the properties that Mr. McConnell wishes to purchase at $65,000 per acre, but it was noted in the staff report that the recommendation was that the City accept no less than $70,000 per acre. Mr. McConnell advised that he had nothing further to add in regard to this matter. Discussion then took place covering matters such as future building coverage, lot use, and the growing needs of BLM. During discussion it was noted that the City's cost to develop the Business Park was approximately $124,000 per acre. Councillor B. Vrbanovic commented that he could accept $68,500 per acre based on the larger acreage that BLM now proposed to acquire. Councillor T. Galloway stated that with sale of Sites 153 & 154 to one purchaser the City would avoid the expense of cul-de-sacing the lands to create saleable sized lot parcels. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That an in-camera meeting of City Council be held immediately following this regular meeting to SEPTEMBER 21, 1998 COUNCIL MINUTES - 441 - CITY OF KITCHENER consider a matter subject to solicitor-client privilege." Carried. Mr. Bryan Stewart, Finance Chair of the 2000 Ontario Winter Games Bid Committee, appeared as a delegation in regard to the bid for the Games which was listed as item B.7 of the Committee of the Whole agenda of this date. In this regard, Council was in receipt of staff reports from K. Baulk and B. Arnot dated September 8 and 17, 1998. Mr. Stewart advised that he was appearing in support of the staff recommendation and advised that the Committee's goal was to achieve a $100,000 profit from the event. In response to Councillor J. Ziegler, Mr. Stewart indicated that it was a requirement of the bid process that coverage of any operating deficit be provided for. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That Council supports the bid to bring the 2000 Ontario Winter Games to the City of Kitchener, and further, That a $75,000. sponsorship grant be allocated to the Host Committee to offset operating costs, in the event the Games are awarded to the City of Kitchener, and further, That the City of Kitchener shall offset any operating deficit, should one occur." Carried. Mr. Mark Smith appeared as a delegation on behalf of the Service Employees International Union Local #220 to request Council endorsement of a campaign to protest the removal of acute care beds from community hospitals. Mr. Smith advised that he was representing approximately 4,700 health care providers in Waterloo Region and that he wished to inform Council of the impacts of health services restructuring which has resulted in lowered service levels and increased risk of disease within hospitals. He also spoke to the matter of the amount of per capita Provincial financial support provided to Waterloo Region in comparison to other municipalities and noted that there was a difference in excess of $200 per capita between the City of Windsor and the Region of Waterloo. He questioned why any company considering relocation would want to locate within Waterloo Region given the insufficient amount of Provincial monies provided within the Region for health care. An informational kit concerning health services restructuring was then given to each member of Council and Mr. Smith advised that he had a petition with over 700 signatures in support of their "Save Our Beds" campaign and requested endorsement of it. A discussion took place concerning the need and number of beds for cardiac care and acute care and it was suggested that the proposed campaign was consistent with the current push for additional cardiac resources. Councillor G. Lorentz questioned if the delegation had met with local M.P.P.s and was advised by Mr. Smith that all of their efforts had been pushed off by these M.P.P.'s to the Health Services Restructuring Commission. Mr. Smith commented that the basic need was to obtain more health care dollars per capita within the Region. Councillor B. Virbanovic urged that all groups addressing health care issues continue dialogue with each other and ultimately arrange to be heard as one voice at the Provincial level. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the Honourable Elizabeth Witmer, Minister of Health, be advised that the City of Kitchener endorses the campaign of the Service Employees International Union Local #220 which protests the removal of acute care beds from community hospitals within Waterloo Region." Carried. Mr. Dave Worth appeared as a delegation on behalf of the Mennonite Central Committee to support the recommendation of the Committee of Adjustment respecting Submission No. S 9/98 dealing with the property known municipally as 50 Kent Avenue. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler SEPTEMBER 21, 1998 COUNCIL MINUTES - 442 - CITY OF KITCHENER "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 15, 1998, recommending approval of Submission No. S 9/98 - Mennonite Central Committee - Be Ratified & Confirmed." Carried. Mr. Ed Karpowicz appeared as a delegation in support of the recommendation of the Committee of Adjustment respecting Submission No. F 8/98 relative to the property known as 26 McLeod Court. He provided an explanation as to the type of fence that was planned in response to enquiry by Councillor J. Haalboom. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of September 15, 1998, recommending approval of Submission No. F. 8/98 - Ed Karpowicz - Be Ratified & Confirmed." Carried. Mr. Mark Bodrug appeared as a delegation on behalf of the TDL Group Ltd. (Tim Horton's) respecting Council's August 17, 1998 decision refusing the sign application processed under the Committee of Adjustment Submission No. S 8/98 submitted by Shell Canada Products Limited with respect to 4574 King Street East. His correspondence and illustrations of the proposed signage were attached to the agenda and he stressed that what was being proposed related to a kiosk to be operated by Tim Horton's within the building with provision for a drive through facility. Councillor J. Haalboom indicated that she had discussions with Mr. Bodrug on this matter. NOTICE OF MOTION Councillor J. Haalboom gave Notice of Motion that at the October 5, 1998 Council meeting she wiould introduce a Motion for Reconsideration of Council's August 17, 1998 decision to refuse Committee of Adjustment No. S 8/98 - Shell Canada Products Limited, 4574 King Street East. Mr. Leon Bensason appeared as a delegation with regard to clause 2 of the August 14, 1998 Heritage Kitchener report recommending designation of 748 Zeller Drive (Woolner Farm) pursuant to the Ontario Heritage Act. Mr. Bensason described the features of the property while a slide presentation was shown. He noted that the property owners had initiated the request for designation under the Act. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That clause 2 of the report of Heritage Kitchener arising from its August 14, 1998 meeting be adopted." Carried. Ms. Mary Baldasarro appeared as a delegation both as a next door neighbour and as a representative of the Central Frederick Association to support the designation of 237 Frederick Street pursuant to the Ontario Heritage Act as recommended in clause 2 of the report of Heritage Kitchener to be considered this date arising from its meeting held September 11, 1998. For the information of Council, a Heritage Property report pertaining to 237 Frederick Street (The Frederick Louis Knell House) was distributed this date. Mr. Derwyn Stilling owner of 237 Frederick Street, appeared as a delegation respecting the designation recommendation. Mr. Stilling advised that he was opposed to designation and that when he purchased the property it was his intent to renovate but as a result of the foundation wall collapsing, his only option was to demolish the property. Further, he commented that he had renovated other properties in the area and did not want them designated. In response to Councillor J. Ziegler, he advised that it would cost approximately $175,000 to renovate the COUNCIL MINUTES SEPTEMBER 21, 1998 - 443 - CITY OF KITCHENER building. Further he stated that if the property was demolished, he would replicate the dwelling as it currently exists but increase the depth of the new building. Further commenting on the $175,000 renovation cost, he advised that this essentially represented a quick fix to the property and that to do it properly to accepted interior and exterior standards, would raise the cost to approximately $250,000. A lengthy discussion followed dealing with the condition and issues relating to the building and trees removed from the property, as well as the designation issue. Mr. T. McCabe suggested Council defer consideration of the Heritage Kitchener recommendation so as to allow the Department of Business and Planning Services to provide Council with a report on the Demolition Control Application which the owner previously submitted. In this regard, he noted that the owner/applicant had co-operated by asking that staff withhold action on the demolition application while Heritage Kitchener dealt with the possible designation of the property. Councillor Jake Smola commented that in reference to the Urban Design Guidelines this was an example where guidelines were needed as a working framework to facilitate decision making. Councillor J. Haalboom commented that in consideration of any demolition application, the matter of streetscape was an important issue since if the property was to be demolished and an identical structure erected, new setbacks would be required which would be detrimental to the streetscape. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That clause 2 of the report of Heritage Kitchener arising from its September 14, 1998 meeting, be deferred and referred to the October 5, 1998 meeting of City Council for concurrent consideration with a staff report addressing the demolition application pertaining to 237 Frederick Street." Carried. Mr. Elliot Eisen appeared as a delegation along with two principals of Sportsworld Shopping Inc. to support clause 3 of the report of the Planning and Economic Development Committee of this date. He noted that a retail operation allowing the sale of sporting goods at 4396 King Street East had received approval of temporary occupancy and that a shift in public buying habits was driving this change. Mr. Ed Sims commented that efforts had been underway for the last two years to obtain a suitable tenant and use for the property. Mr. T. McCabe explained why the matter had been deferred at Council August 17 meeting and pointed out that a by-law was listed on the agenda for three readings this date approving the zone change. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 3 (1) of the report of the Planning and Economic Development Committee of this date be adopted and clause 3 (2) be amended and adopted to provide that no further notice under the Planning Act is required prior to the passing of the by-law." Carried. It was indicated that a delegation was present respecting the by-law listed on the agenda under items 9 (a) and 12(a) dealing with Part Lot Control on Highbrook Crescent and Highbrook Court. On motion by Councillor T. Galloway, seconded by Councillor G. Lorentz, it was agreed that the Part Lot Control by-law would receive three readings this date. 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. Haalboom referred to clause 4 of the report and questioned if there was a method that the brick and brackets from the demolition of 142 Joseph Street could be saved. Mr. T. McCabe commented that the only way was in accordance with the direction outlined in the Committee minutes and a hope that there would be good faith from the owner with respect to this request who will be contacted by staff and encouraged to preserve this material from the house. Councillor M. Yantzi also asked that the same SEPTEMBER 21, 1998 COUNCIL MINUTES - 444 - CITY OF KITCHENER request be conveyed directly to the demolition contractor. Councillor Haalboom then referred to clause 5 of the report questioning if the property on Margaret Avenue and the properties on Victoria Street were in such bad condition, why this physical conditiion had not been addressed by Property Standards Regulations. Councillor Haalboom then made commentary with respect to the City's policies in its Official Plan with reference to 64-68 Margaret Avenue and questioned the process in respect to designation along with concurrent demolition requests. She questioned why the City could not insist that a building remain until a building permit was requested and issued. Mr. T. McCabe advised that special legislation will give the City the authority to provide that demolition be subject to a building permit. Councillor C. Weylie commented that in the case of clause 5 of the report, 14 substandard dwelling units were being replaced with 19 new dwelling units. Councillor Haalboom stated that it was her view there was a fundamental principle involved as to whether the City should reward owners for letting properties deteriorate. The report was then put to a vote. Voted on clause by clause. Clause #3 - Dealt with under delegations and Carried, as amended. Clause #5 - A recorded vote was requested. In Favour: Mayor C. Zehr, Councillors John Smola, Jake Smola, B. Vrbanovic, T. Galloway, G. Lorentz, J. Ziegler and C. Weylie. Contra: Councillors J. Haalboom, K. Taylor-Harrison and M. Yantzi. Carried. Balance of Report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the Community Services Committee report of this date be adopted." It was noted that Mr. J. Shivas had a concern regarding the wording of clause 1 of the report and Mr. Shivas advised that it related to authorizing signing rights to an undesignated official of the Corporation. On motion by Councillor T. Galloway, seconded by Councillor John Smola, it was agreed to amend clause 1 of the report to provide that contracts be signed by the Fire Chief or the Deputy Fire Chief rather than the Fire Chief or his designate. Councillor T. Galloway referred to clause 5 of the report and questioned if there was some other way that the matter could be handled where a party has donated significantly toward a facility and now requests a grant with respect to use. Mr. T. Clancy advised that it was not staff practice to separate the grant request process from a party that has made a donation to the City and suggested that it was an issue for Council to address. Councillor Jake Smola advised that he had previously asked for a copy of the presentation that was given with respect to clause 4 of the report dealing with the Block Line Sportsfield and noted that he would like to see a business plan in this regard. Mr. T. Clancy confirmed that a number of details would be presented to the Council. The report was then put to a vote. COUNCIL MINUTES SEPTEMBER 21, 1998 - 445 - CITY OF KITCHENER Voted on clause by clause. Clause #1 - Carried, as amended. Balance of report - Carried. Moved by Councillor Jake Smola Seconded by Councillor J. Haalboom "That the report of the Environmental Committee of this date be adopted." 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 as part of a future evaluation relating to the Electrician position recommended in clause 8 of the report, he would like to see a standard measurement developed that would outline how each department was utilizing the services of the full-time electrician. Regarding clause 3 of the report, Councillor T. Galloway commented on the Province-wide nature of the taxation problems being experienced by all municipalities. A comment was made that in general ratepayers do not believe the City cannot do anything about the current tax problems and it was suggested that the City must do everything it can to educate ratepayers on the complexity of the problem and seek their support. On motion by Councillor J. Ziegler, seconded by Councillor K. Taylor-Harrison, it was agreed to amend clause 12 of the report so as to provide that the in-line skating resolution be forwarded to A.M.O. for appropriate action and to the Region and the six area municipalities of the Region for information. The report was then put to a vote. Voted on clause by clause. Clause #12 - Carried, as amended. Balance of report - Carried. Moved by Councillor C. Weylie Seconded by Councillor T. Galloway "That no action be taken on the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) (July 10, 1998)." Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) (August 14, 1998) be adopted." On motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, it was agreed that clause 3 of the report be amended so as to refer the request to the 1999 Budget Committee for consideration. COUNCIL MINUTES SEPTEMBER 21, 1998 - 446 - CITY OF KITCHENER An explanation with regard to background of clause 4 was provided and a discussion took place. On motion by Councillor T. Galloway, seconded by Councillor K. Taylor-Harrison, it was agreed that clause 4 be amended by deleting reference to the word "volunteer". The report was then put to a vote. Voted on clause by clause. Clause #2 - Dealt with under delegations and Carried. Clauses 3 & 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) (September 11, 1998) be adopted." On motion by Councillor J. Haalboom, seconded by Councillor T. Galloway, it was agreed that clause 3 of the report be amended to provide that the existing hydro poles be replaced with new wooden hydro poles. The report was then put to a vote. Voted on clause by clause. Clause #2 - Dealt with under delegations and action deferred and referred to the October 5, 1998 Council meeting for consideration. Clause #3 - Carried, as amended. Balance of report - Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That report of the Public Works and Transportation Committee of this date be adopted." Carried. Councillor J. Ziegler advised that a petition on golf course membership had been provided to him and he had agreed that he would submit the petition to Council for its information. He noted that the petition dealt with the proposal to eliminate adult memberships by the year 2000 and had been signed by 136 members. Mayor C. Zehr advised that the matter was scheduled for consideration at the October 26 Community Services Committee meeting. Councillor C. Weylie advised that she had a number of concerns regarding City parking standards and suggested that a review should be undertaken. For example, she noted that her concerns related to the adequacy of available parking at such facilities as nursing homes, 30 foot residential lots that leave little room for on-street parking because of driveway and fire hydrant restrictions, permitting development of dwellings with very small garages which encourages parking of vehicles outside the garage rather than inside, the unit parking space ratio requirement for apartment buildings and condominiums and the number of visitor parking spaces provided, and accessibility with regard to emergency services. Moved by Councillor C. Weylie Seconded by Councillor K. Taylor-Harrison SEPTEMBER 21, 1998 COUNCIL MINUTES - 447 - CITY OF KITCHENER "That of the Department of Public Works be requested to undertake a review of parking standards in the City of Kitchener for consideration by the Public Works and Transportation Committee." Carried. Comments were then made by Councillors T. Galloway and G. Lorentz regarding the successful opening of the new Forest Heights Community Centre and Fire Station which was held on September 19. Councillor Lorentz noted that a room for the Community Outreach Office in the new Community Centre had been named after Constable David Nicholson. Councillor J. Haalboom advised that at the Festival of Neighbourhoods held last weekend, a neighbourhood association in her ward had won the $10,000 prize. Councillor C. Weylie requested Ms. P. Houston to comment on the recent tax billing and the issue of those property owners paying their taxes on a pre-authorized monthly payment plan. Ms. P. Houston explained that because of the delay in receipt of assessment information this year and subsequent delay of tax billing, staff were unable to make adjustments to those paying taxes by the pre-authorized method until September which left the entire year differential to be adjusted within the four month period September to December. She noted that in January, 1999 there would be an adjustment to equalize billings based on the newly revised assessment figures which should result in a lower monthly payment than that billed for the last four months of 1998. Moved by Councillor G. Lorentz Seconded by Councillor Jake Smola That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 6 inclusive, Registered Plan 58M-78 - Highbrook Crescent and Highbrook Court (b) Being a by-law to exempt certain lots from Part Lot Control - Lot 26, Registered Plan 1786 - Newbury Street (c) Being a by-law to exempt certain lots from Part Lot Control - Part Lots 68, 69 and 70 and Part Lots 71 to 76 inclusive, Registered Plan 1780 - Glasgow Street (d) Being a by-law to amend By-law 85-1, known as the Zoning By-law 97/19/TC/J G NO. (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dunsinnan Developments Inc. Old Country Drive - No.97/38/0/JG (f) Being a by-law to provide for the establishing and laying out of part of Donley Street as a public highway in the City of Kitchener (g) Being a by-law to provide for the establishing and laying out of part of Bankside Drive as a public highway in the City of Kitchener (h) Being Street public a by-law to provide for the establishing and laying out of part of Glasgow as a highway in the City of Kitchener (i) Being a by-law to amend Chapter 842 of the City of Kitchener Municipal Code with respect to Hedges - Other Objects, Traffic Hazards (j) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code SEPTEMBER 21, 1998 COUNCIL MINUTES - 448 - CITY OF KITCHENER regarding By-law Enforcement (k) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (m) 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 K. Taylor-Harrison as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. 10. Moved by Councillor K. Taylor-Harrison Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. 11. Moved by Councillor G. Lorentz Seconded by Councillor Jake Smola "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Blocks 1 to 6 inclusive, Registered Plan 58M-78 - Highbrook Crescent and Highbrook Court 98-133) (By-law No. (b) Being a by-law to exempt certain lots from Part Lot Control - Lot 26, Registered Plan 1786 - Newbury Street 98-134) (By-law No. (c) Being a by-law to exempt certain lots from Part Lot Control - Part Lots 68, 69 and 70 and Part Lots 71 to 76 inclusive, Registered Plan 1780 - Glasgow Street 98-135) (By-law No. (d) Being a by-law to amend By-law 85-1, known as the Zoning By-law 97/19/TC/J G NO. 98-136) (By-law No. SEPTEMBER 21, 1998 COUNCIL MINUTES - 449 - CITY OF KITCHENER (e) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dunsinnan Developments Inc. Old Country Drive - No.97/38/0/JG (By-law No. 98-137) (f) Being a by-law to provide for the establishing and laying out of part of Donley Street as a public highway in the City of Kitchener (By-law No. 98-138) (g) Being a by-law to provide for the establishing and laying out of part of Bankside Drive as a public highway in the City of Kitchener (By-law No. 98-139) (h) Being a by-law to provide for the establishing and laying out of part of Glasgow Street as a public highway in the City of Kitchener (By-law No. 98-140) (i) Being a by-law to amend Chapter 842 of the City of Kitchener Muncipal Code with respect to Hedges - Other Objects, Traffic Hazards (By-law No. 98-141) (J) Being a by-law regarding By- law Enforcement to amend Chapter 110 of the City of Kitchener Municipal Code (By-law No. 98-142) (k) To further amend By-law No. 94-101, being a by-law o regulate traffic and parking on high- ways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 98-143) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (By-law No. 98-144) (m)To confirm all actions and proceedings of the Council SEPTEMBER 21, 1998 COUNCIL MINUTES - 450 - CITY OF KITCHENER 98-145) (By-law No. be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINUTES SEPTEMBER 21, 1998 - 450 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 1.1) That subject to the conditions set out in 2 (1) and (2) below, City Council approve Municipal Plan Amendment Application MP97/14/K/ZJ (Waterloo Region District School Board- 828 King Street West), being an amendment to: a) add Special Policy 17 to Section 13.7.4 (K-W Hospital Neighbourhood Secondary Plan) as follows: 17. Notwithstanding the Community Institutional designation, on lands known as 828 King Street West, a commercial parking facility shall be permitted on a temporary basis. At such time as the interim period permitting the parking facility expires, it is the intent of City Council to repeal this policy by amendment to this plan." amend Map 18 to add Special Policy 17, shown on Schedule 'A' attached. It is the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. 2) That Zone Change Application ZC 97/39/K/ZJ (Waterloo Region District School Board) requesting a change in zoning by adding temporary use provision 7T to the Commercial Residential Zone (CR-2) according to By-law 85-1, on lands legally described as Part of Lot 312, Lots 309, 310 and 311, Registered Plan 385, be approved in the form shown in the "Proposed By-law" attached, dated July 24, 1998, subject to the following conditions being satisfied prior to any readings of the By-law by Council: 1) That a site plan application for the commercial parking facility showing parking areas and associated landscaping be submitted to and approved by the Director of Planning. 2) The owner acknowledges that condition 1 is required to be satisfied no later than seven months after Council having approved by resolution Zone Change Application 97/39/K/ZJ. In the event this resolution is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment (Waterloo Region District School Board - 828 King Street West) to the City's Municipal Plan. That consideration of Zone Change Application ZC 97/31/B/ZJ (Dr. Sharon Goodyear-Johnston) be deferred and referred to the September 28, 1998 Planning and Economic Development Committee meeting. 3. 1) That the clause originating in Zone Change Application ZC 97/19/TC/JG (Conformity By- law) which would add the "Sale of Sporting Goods" to the C-6, B-3, M-3 and CR-4 Zones, be approved in the form shown in the "Proposed By-law" attached, dated September 2, 1998, without conditions. It is the opinion of this Committee that approval of this clause of the application is proper planning for the City and is in conformity with the City's Municipal Plan. 2) That no further notice under the Planning Act is required prior to the passing of the by-law. (Dealt with under delegations and Carried, as amended) That Demolition Control Application DC 98/8/J/RM (John MacDonald Architect Inc.) requesting approval for the demolition of a single detached dwelling located at 142 Joseph Street legally described as Part Lot 126 of Registered Plan 375 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. COUNCIL MINUTES SEPTEMBER 21, 1998 - 451 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Demolition Control Application DC 98/7/M/RM (Erwin Hoch) requesting approval for the demolition of five converted single detached dwellings located at 64-68 Margaret Avenue and 219, 221,225 & 229 Victoria Street North legally described as Part of Lot 85, 86, 87, 88, 192 and 199, Registered Plan 374 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. COMMUNITY SERVICES COMMITTEE - That Council approve the full rollout of commercial alarm monitoring services as described in the commercial alarm monitoring report dated September 8, 1998, and further, That Council approve the Fire Department's commercial alarm monitoring market strategies and interim 1998/99 rate schedule described in the commercial alarm monitoring report dated September 8, 1998, and further, That Council direct the Fire Department to submit rate structures for the year 2000 during the fall of 1999, and further, That all alarm monitoring agreements be to the satisfaction of the City Solicitor, and further, That, due to the quantity of contracts required to be signed, the Fire Chief or the Deputy Fire Chief be authorized and directed to sign all agreements for retail and wholesale alarm monitoring on Council's behalf, and further, That the funding for the 1998 marketing and operational expenditures for the commercial alarm monitoring services be provided from the Fire Department's budgets. (As Amended) That Council endorse the request of the Kitchener-Waterloo Barrier Free Advisory Committee to extend the response time to October 31, 1998 in order to fully respond to the discussion paper entitled "Preventing and Removing Barriers for Ontarians with Disabilities", Ministry of Citizenship, Culture and Recreation. That Council approve funds to allow for the immediate repairs to the structure "HorsePower", located in the north public gardens, with the amount being $4,000.00, and further, That Council approve $10,000.00 for inclusion in the proforma budget each year for the maintenance and conservation of public art and acquisitions that form the City of Kitchener art collection. That $90,000.00 budgeted in the year 2000, to construct Phase II of the pavilion and spectator gallery at Blockline Sportsfield, be moved forward in the 10 year capital forecast to 1999, as a re- allocation within the Parks and Recreation Department capital budget, in order for the pavilion to be completed in 1999. That we approve a one-time, in-kind grant for the Southwest Kitchener Optimist Club, in the amount of $461.00, for rental of Optimist Park on August 29, 1998. That no action be taken on the request of the Relief Association for South Sudan for an in-kind grant in the amount of $454.58 for use of the Victoria Park Pavilion on October 31, 1998. That we approve the "Policy for the Selection of Ice Logos to be Installed on Civic Square Rink" as submitted by Mr. J. Gazzola and considered by the Community Services Committee on September 14, 1998. SEPTEMBER 21, 1998 COUNCIL MINUTES - 452 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER COMMUNITY SERVICES COMMITTEE - (CONT'D) That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with respect to the provision of internment services by the City's Cemetery Division to First Mennonite Church. ENVIRONMENTAL COMMITTEE - That City Council be advised that the Environmental Committee is in full support of Council's adoption of Clause # 12 of the August 17, 1998 Community Services Committee report concerning approval of the nine (9) recommendations contained in the report of Mr. D. Daly, dated August 5, 1998 with respect to the Urban Forestry Program for the City of Kitchener; and further, That the Environmental Committee strongly urges Council to provide the necessary budget resources to implement this Program commencing in 1999. FINANCE AND ADMINISTRATION COMMITTEE - That Legal staff amend By-law 94-75 relative to the sale of fireworks so as to incorporate the vendor licensing categories and related fees outlined in the report of J. Koppeser, Manager of Licensing, dated September 9, 1998. That 1998 Fireworks Vendor fees be refunded to Mr. Shawn Miller in the amount of $480.00 and the property owner in the amount of $880.00, these corresponding to the fees applicable to the 1998 Victoria Day holiday. That Kitchener City Council urges Regional Council and the Province of Ontario to review possible changes in tax policy to address major fluctuations in 1998 property taxes resulting from elimination of the business occupancy tax and the revision of tax categories, including possible relief through the education tax. That the City of Kitchener donate $2,700.00 to the Canadian Red Cross Ice Storm Disaster Relief Fund. That Renison College be granted permission to hold its East Asian Festival in the City Hall Rotunda on September 30, 1998, provided the necessary licence, including Health and Fire approvals, are obtained; and further, That a reduced fee of $10.00 be applicable. That the Legal Department amend the Street Vendors By-law by creating a new category and licensing fee to accommodate the request of Mitch and Deb Bieth, carrying on business as "Still Crazy" and allow them to conduct the business of face painting and the sale of balloon animals in Victoria Park; and further, That the procedure outlined in the By-law for the selection of a successful licensee be waived for this 1998 request. That the Manager of Licensing be authorized to issue lottery licences to organizations without requiring the application to be signed by the Waterloo Regional Police, provided the organization has been licensed previously by the City of Kitchener and their status with the City is in good standing. That the City proceed to hire one permanent, full-time Electrician to provide electrical repair services for the Corporation, with this position reporting to Facilities Management; and further, COUNCIL MINUTES SEPTEMBER 21, 1998 - 453 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the suitability of said position be evaluated in one year's time. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That acquisition of the City Hall cooling tower Christmas decorations outlined in the report of L. Proulx dated September 8, 1998 be approved in principal subject to the City obtaining Corporate sponsorship in this regard; and further, That Facilities Management report back to the Finance and Administration Committee in regard to any related Corporate sponsorship initiative. 10. That the City Hall co-generation unit be rebuilt, and that $20,000.00 in additional funding be provided toward repair costs in 1998. 11. That the savings generated by the temporary OMERS contribution holiday, effective August 1, 1998, of approximately $900,000.00 for 1998 and $1,300,000.00 for 1999 be allocated on a 50/50 basis to the Sick Leave Reserve Fund and the Tax Stabilization Reserve Fund. 12. WHEREAS, it has been recognized that in-line skating is growing in popularity, and that in-line skaters are utilizing public sidewalks and roadways both recreationally and as a mode of transportation; AND WHEREAS, there are presently no recognized, uniform standards for in-line safety equipment, nor guidelines as to where on the transportation infrastructure in-line skating will be permitted; THEREFORE BE IT RESOLVED that the City of Kitchener hereby requests that the Province of Ontario develop safety equipment standards in respect to in-line skating and guidelines for their enforcement, as well as guidelines as to where on public roadways this activity should be permitted; AND FURTHER, that a copy of this resolution be forwarded to the Association of Municipalities of Ontario for appropriate action and to the Regional Municipality of Waterloo and the six (6) area municipalities within Waterloo Region for information. (As Amended) HERITAGE KITCHENER (L.A.C.A.C.) (JULY 10, 1998) - That, pursuant to Section 29 of the Ontario Heritaqe Act, the Clerk be directed to publish a Notice of Intention to designate the property known municipally as 64-68 (Formerly 66) Margaret Avenue (The William Henry Breithaupt Home) as being of historic and architectural significance, and further That the designation include the front, rear, and both side elevations, the roof and roofline, with the specific features to include: the concrete parged wall material; rooflines including all original wooden soffits and fascias, front projecting bay extending from the ground to soffit height, original tall brick chimney; all window openings and original paned glazing including wooden muntin bars; front entrance including original wooden double doors and hardware, flat roof overhang and supporting brackets, front stoop including steps and sideguards; side box bay windows; side entrance including overhang and original door; rooftop belvedere and original dormers. (No Action Taken) HERITAGE KITCHENER (L.A.C.A.C.) (AUGUST 14, 1998) - That, pursuant to Section 43 of the Ontario Heritaqe Act, we approve the request of the owner of 19 Roland Street, located in the Victoria Park Area Heritage Conservation District, to demolish the COUNCIL MINUTES SEPTEMBER 21, 1998 - 454 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL front portion of the detached garage and to erect a rear addition, as outlined in their Alteration/Demolition Application, dated August 10, 1998. HERITAGE KITCHENER (L.A.C.A.C.) (AUGUST 14, 1998) - (CONT'D) That, pursuant to Section 29 of the Ontario Heritaqe Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 748 Zeller Drive (Woolner Farm) as being of historic and architectural significance, and further That the designation include all four elevations of the exterior of the farmhouse, with the specific features as outlined in the amended report considered by Heritage Kitchener on August 14, 1998, and further That the designation also include the wainscotting and baseboard trim, all door hardware, specifically that of the exterior dining room and exterior kitchen doors, on the interior of the farmhouse; interior and exterior features of the barn, the outbuildings, the laneway and vegetation, all is described in the amended report considered by Heritage Kitchener on August 14, 1998. (Dealt with under delegations and carried) That Heritage Kitchener requests that City Council include $20,000 in the capital forecast in each of 2001 and 2002 to undertake an Urban Archaeological Masterplan; and further, That this request be referred to the 1999 Budget Committee for consideration. (As Amended) That, in recognition of the extensive work provided to Heritage Kitchener by Ms. S. Barber, we authorize payment to Ms. Barber of a $400.00 honorarium, by transfer within the approved 1998 Heritage Kitchener Budget. (As Amended) HERITAGE KITCHENER (L.A.C.A.C.) (SEPTEMBER 11, 1998) - That, pursuant to Section 34 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property known municipally as 234 Frederick Street (Forsyth House) as outlined in the Alteration/Demolition Application, dated September 1, 1998 and the accompanying report by CHRT - LASSO Group Inc., dated August 31, 1998, including the demolition the of the detached garage, save and except for the following: That the height of the new railing around the perimeter of the upper front porch at 234 Frederick Street be approved by the Chief Building Official in consideration of load and use related issues, and further That the style of the spindles and posts for the upper front porch at 234 Frederick Street be approved by a sub-committee of Heritage Kitchener and further That the window to be installed in the left upper second floor corner of the house at 234 Frederick Street match the style of the original window or be a double window of the same style as on the two adjacent properties, and further That items 8 & 9 in the report of CHRT - LASSO Group Inc., dated August 31, 1998, dealing with window replacement and future considerations not be considered as part of this application and not be approved at this time. COUNCIL MINUTES SEPTEMBER 21, 1998 - 455 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That, pursuant to Section 29 of the Ontario Heritaqe Act, the Clerk be directed to publish a Notice of Intention to designate the property municipally known as 237 Frederick Street (The Frederick Louis Knells House) as being of historic and architectural significance, and further HERITAGE KITCHENER (L.A.C.A.C.) (SEPTEMBER 11, 1998) - (CONT'D) That the designation include all exterior elevations of the main two storey house only, with the specific features to include; the brick fa~;ade, roof and roofline including shed dormers; polygonal projecting bay with wood shingled gable, decorative pendant and barge board; wood cornice; brackets under eaves; all window openings, windows, wood sills and brick voussoirs; and the partially enclosed veranda with tapered wood posts and brick piers. (Dealt with under delegations and action deferred and referred to the October 5, 1998 Council meeting for consideration) That, notwithstanding Subsection 5.15.3 of the Upper Doon Heritage Conservation District Plan, we approve the request of the Kitchener-Wilmot Hydro to replace existing hydro poles on Doonbrook Place with new wooden hydro poles as shown on their plan no. B7141, dated July 30, 1998, considered by Heritage Kitchener on September 11, 1998, and further That the City of Kitchener has no objection to individual property owners on Doonbrook Place agreeing to pay for underground services. (As Amended) PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1 That the existing two hour free parking limit in the Downtown core at on-street parking spaces be maintained, and further, That appropriately signed loading zone areas be established on the west side of Ontario Street between King Street and Duke Street and the west side of Gaukel Street between Charles Street and Joseph Street, subject to the majority of the property owners in these areas agreeing to the proposed parking changes, and further, That the Uniform Traffic By-law be amended accordingly, and further, That staff be instructed to submit a future report outlining what, if any, problems have resulted from the creation of these loading zone areas. That authority be given through the appropriate by-law amendment to the Waterloo Regional Police Service to remove (tow) vehicles that are illegally parked in the taxi cab stands on King Street in the Downtown, and further, That the Uniform Traffic By-law be amended accordingly. That the Mayor and Clerk be authorized to sign a Letter of Intent requesting the development and execution of an Unbundled Transportation Agreement for the Utilities Division with Union Gas, and further, That the Utilities Division have the authority to pursue negotiations with Union Gas on the Unbundled Transportation Agreement and proceed with completion of an implementation plan complete with necessary staffing requirements, and further, That the Utilities Division be authorized to recruit resources to support this initiative as outlined in this report at an estimated annual cost of $200,000.00. COUNCIL MINUTES SEPTEMBER 21, 1998 - 456 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Roads and Sidewalk Repair Needs Study report be referred to the Capital Budget process for further consideration. That the report dealing with possible opportunities for improvements to existing watercourses within the City be referred to the Capital Budget process for further consideration. 6. That the BusLINK Program be continued indefinitely, subject to on-going monitoring. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That parking be prohibited on the west side of Shelley Drive from a point 52 metres south of Hillmount Street to a point 98 metres north thereof, and further, That the Uniform Traffic By-law be amended accordingly. That Chapter 842 of the City of Kitchener Municipal Code be amended in accordance with the draft by-law presented to the Public Works and Transportation Committee on September 14, 1998, and further, That the Set Fines, as presented to the Public Works and Transportation Committee on September 14, 1998, be adopted and recommended to the Chief Judge of the Ontario Court (Provincial Division). That the Council of the Corporation of the City of Kitchener indicate their support for the Regional Municipality of Waterloo resolution regarding red light cameras and the proposed Private Members Bill 20. COUNCIL MINUTES SEPTEMBER 21, 1998 -457- 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. Ontario Municipal Board Assessment Appeals It was resolved: "That the Mayor and City Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeal related to 71 Bridge Street East, Kitchener." -and- "That the Mayor and City Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeal related to 1486 Victoria Street North, Kitchener." -and- "That the Mayor and Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeal related to 65 Hanson Avenue, Kitchener." 2. Industrial Land Compliance/Quit Claim Deed - FAIRVIEW WARD It was resolved: "That the City confirms that as of September 21, 1998 the property described as Parts 1 and 2 on Reference Plan 58R-5862 and municipally known as 275 Shoemaker Street complied with all of the restrictive covenants set out in Schedules to Instrument Nos. 918741 and 994309; and further That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2. Of the Schedules to Instrument Nos. 918741 and 994309 respecting the property described as Parts 1 and 2 on Plan 58R-5862 and municipally known as 275 Shoemaker Street, Kitchener." 3. Aqreement - Home Support Services It was resolved: "That the Mayor and Clerk be authorized to execute the legal agreement between Her Majesty the Queen in right of Ontario, as represented by The Ministry of Health and The Corporation of the City of Kitchener under the Home Support Services for the Elderly Program for the period January 1, 1998 to December 31, 1998, in the amount of $190,792." 4. Massaqist License It was resolved: "That the following massagist be granted a Massagist licence for the year 1998: Catherine Martin." COUNCIL MINUTES SEPTEMBER 21, 1998 - 458 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Committee of Adjustment Submissions - ROCKWAY-VICTORIA AND DOON PIONEER WARDS These items were dealt with under delegations. 6. Tenders This item was dealt with under delegations. 7. 2000 Ontario Winter Games This item was dealt with under delegations. 8. Licence It was resolved: "That As You Like It Cafe, Kitchener Public Library, 85 Queen Street North, be granted permission to operate a place of refreshment at the Library on October 18, 1998, provided that the necessary Fire and Health and Licence are obtained, and further, That the nominal fee of $10 be applicable." 9. Raffle Tickets It was resolved: "That the City of Kitchener has no objection to 822 Squadron of the Royal Canadian Air Cadets, 4900 Yonge Street, Suite 600, North York, Ontario M2N 6B7, being granted permission to sell raffle tickets in the City of Kitchener for several draws to be held on April 23, 1999." 10. Industrial Land Compliance - FAIRVIEW WARD It was resolved: "That the City approves a lease from 70 Otonabee Holdings Ltd. to AIIprint Company Limited for the property described as Part 4 on Reference Plan 58R-5456 and municipally known as 131 Shoemaker Street; and further, That the City confirms that as of September 21, 1998 the property described above complied with the restrictions set out in a Schedule to Instrument No.885958; and further, That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2. of the Schedule to Instrument No. 885958 respecting the property described above."