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HomeMy WebLinkAboutCouncil Minutes - 1998-11-02COU NCIL\1998-11-02 NOVEMBER 2, 1998 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present except Councillor J. Haalboom. The meeting began with the singing of "O Canada" by the K-W Junior Philharmonic Choir under the direction Carol Giesbrecht. The Choir was thanked for their rendition of the National Anthem. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held on October 5, 1998 and special meeting held on October 26, 1998, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS - N I L 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. Mayor C. Zehr advised that Tender T98-082 respecting demolition of property at 211 Spring Valley Road was being removed from the agenda. The remaining tender recommendations listed on the Committee of the Whole agenda of this date were then considered. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz "That tender T98-085, Supply of Computer Workstations - Fire Department, be awarded to Amsdell Inc., Richmond Hill, Ontario at their tendered price of $58,897., plus G.S.T. and P.S.T." -and- "That quotation Q98-150, Fire Fighter Protective Clothing, be awarded to Safedesign Apparel Limited, Toronto at their quoted price of $1,210.30 each. The prices were based on an approximate order of forty sets for a total of $52,812., plus G.S.T. and P.S.T." -and- "That Council waive the requirement for public tender and authorize the purchase of upgrade kits for seventy-seven (77) Self-Contained Breathing Apparatus from ResQtech, Woodstock, Ontario at their quoted price of $123,620.42, plus G.S.T. and P.S.T." Mr. Ted Bleaney appeared as a delegation representing the Forest Heights Community Association, and advised that one year ago the Association had made a financial commitment in the amount of $45,000 towards the new Community Centre. In this regard he presented a cheque for $30,000 payable to the City and advised that the balance would be paid in the near future. Councillor G. Lorentz thanked the Association for their contribution and accepted the cheque on behalf of the City. Mr. M. Klein, representing Pattison Outdoor, appeared as a delegation in support of a Committee of Adjustment recommendation to approve Sign Application S 11/98 of Ontario Hydro. Councillor J. Ziegler advised that the sign was located on Fairway Road South near Motz Park. In response to Councillor B. Vrbanovic Ms. J. Given clarified that in any zone only two sign faces were permitted, that is back-to-back or side-by-side. She noted that in this instance staff treated the application in such manner to address two variances. Councillor T. Galloway commented that he was of the opinion that the recommendation was not in keeping with the spirit of the Sign By-law and questioned how a doubling of the number of signs could be considered a minor variance within the by-law. Councillor Galloway also expressed concern over the high level of competition existing between billboard providers and the fact that Council's action in this matter may be interpreted as a precedent. Several Councillors expressed their support of the recommendation. Councillor J. Ziegler in responding to Councillor Galloway's concerns requested that staff be made aware of Council's concern respecting any matter involving increased signage, noiting that Council is on record as being opposed to more billboard signs. COUNCIL MINUTES NOVEMBER 2, 1998 2 CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of October 27, 1998, recommending approval of Submission No. S 11/98 - Ontario Hydro - Be Ratified & Confirmed." Carried. Mr. Grant Birks appeared as a delegation on behalf of Project Ploughshares to seek City Council's support to invite all members of the Federation of Canadian Municipalities to petition the Government of Canada to take a leadership role in a worldwide effort to abolish nuclear weapons. Mayor C. Zehr advised that an information article that had appeared in The Record on September 21, 1998 was distributed to Council and noted that the request this evening was based on a K-W Roundtable that was held last September. Mr. Birks advised that a number of participants from the roundtable were in attendance and he emphasized the points requested in a proposed resolution that has been presented for action by City Council. He commented that while a number of countries support abolition of nuclear weapons, the problem was none of the countries possessing such weapons have committed to abolish them and that formal committees were presently deadlocked. Mr. Birks indicated that he considered support for the Canadian government on this issue as critical to moving the matter forward. Mayor C. Zehr advised that an identical request was being presented to the City of Waterloo this date. Councillor T. Galloway suggested that the proposed resolution include circulation to the four Members of Parliament who serve the City of Kitchener. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz: "WHEREAS the continued existence of over 30,000 nuclear weapons (with 5,000 on hair-trigger alert status) pose a threat to civilization, the human species, and life itself; and WHEREAS cities have been the primary targets of nuclear weapons throughout the Nuclear Age and continue to be threatened by their massive destructive effects; and WHEREAS respected international political and military leaders have declared that the dangers of accidental war, proliferation, terrorism, and a renewed arms race render abolition necessary; and WHEREAS Proliferation negotiations Canada and all State Parties to the 1968 United Nations' Treaty on the Non- of Nuclear Weapons reaffirmed their commitment in May 1995 "... to pursue in good faith on effective measures relating to... nuclear d sarmament..."; and WHEREAS this commitment was recognized as a legal obligation by the International Court of Justice in its advisory opinion rendered July 8, 1996; and WHEREAS the failure to undertake such negotiations encouraged the May 1998 nuclear weapons testing by the Governments of India and Pakistan and undermines the non-proliferation regime; and WHEREAS an Angus Reid poll conducted earlier this year found that 92% of Canadians support a leadership role for Canada in the global negotiations leading to the abolition of nuclear weapons; THEREFORE BE IT RESOLVED THAT the City of Kitchener calls upon the Government of Canada to take a leadership role in abolishing nuclear weapons by calling on the nuclear- weapons States to commit themselves unequivocally to the elimination of their nuclear arsenals and to agree to start work immediately on the practical steps and negotiations required to achieve this goal. (An example of such leadership would see Canada's joining with the recently-formed New Agenda Coalition of eight middle power states -- Brazil, Egypt, Ireland, Mexico, New Zealand, Slovenia, South Africa and Sweden. This coalition of like-minded countries is actively working towards the goal of nuclear weapons elimination); and further, COUNCIL MINUTES NOVEMBER 2, 1998 3 CITY OF KITCHENER THAT the City invite all the members of the Federation of Canadian Municipalities to pass similar motions and by so doing support our Country's efforts to make the World a more secure place for its citizens; and further, That a copy of this resolution be circulated to: Karen Redman, MP, Kitchener Centre Andrew Telegdi, MP, Kitchener-Waterloo Janko Peric, MP, Cambridge Lynn Myers, MP, Waterloo-Wellington." Carried. Mr. Derwin Stilling was in attendance with regard to the property known as 237 Frederick Street (The Frederick Louis Knells House) which was the subject of a recommendation at the September 11, 1998 meeting of Heritage Kitchener. The recommendation was subsequently deferred by City Council at its September 21 meeting and again deferred by City Council at its October 5 meeting along with a demolition application. Councillor T. Galloway confirmed that the matter was on the agenda and stated it was his understanding that Mr. Stilling has agreed to demolish only the back portion of the dwelling. He indicated that if this was the position of Mr. Stilling that he would introduce a motion to take no action on the Heritage Kitchener recommendation to designate the property under the Ontario Heritage Act. Mr. Stilling expressed appreciation for the work that staff and Councillor K. Taylor-Harrison had contributed on this matter and confirmed that he proposed to remove only the rear 1 1/2 storey brick addition and the rear one storey wood addition and retain the main 2 1/2 storey portion of the building. He advised that he was donating the space to a non-profit organization and asked that as part of the agreement respecting this issue, the demolition and building permit costs be reimbursed to the charitable organization that would be occupying the building. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie That no action be taken on the report of Heritage Kitchener (L.A.C.A.C) (September 11, 1998 meeting). Carried. In respect to the request that certain permit fees be rebated, Mr. B. Stanley advised that permits and fees would relate to a demolition permit, a permit for interior alterations and also a permit for what might be added in respect to the structure. Discussion took place as to whether or not this information should be the subject of staff report for consideration in one week. It was also clarified that staff were only recommending refund of the $100 demolition permit fee and the $600 for interior alteration fee. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That we approve a grant in the amount of $700 payable to the charitable organization that will occupy 237 Frederick Street." A motion by Councillor G. Lorentz, seconded by Councillor M. Yantzi to defer consideration of this grant until submission of a staff report was put to a vote and Lost. The original motion of Councillor Vrbanovic as seconded by Councillor J. Ziegler to approve the $700 grant was put to a vote and Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That Demolition Control Application DC 98/11/F/JG (Home Discovery Ltd.) requesting approval of the demolition of the vacant building at 237 Frederick Street, legally described as Lot 18, Sub. Of Lot 3, German Company Tract be approved in part, only for the demolition of the rear 1 1/2 storey COUNCIL MINUTES NOVEMBER 2, 1998 -4- CITY OF KITCHENER brick addition and the rear 1 - storey wood addition, retaining the main 2-1/2 storey portion of the building." Carried. Ms. D. Macut and Messrs. D. Thomas and P. Griffith appeared as a delegation in regard to the Committee of Adjustment recommendation listed on the Committee of the Whole agenda of this date to refuse an application of the C.R.A.F.T. Group Inc. The application is designated as Submission No. S10/98 and deals with a request to erect a pylon sign at 135 Gateway Drive that would incorporate interchangeable letters and flashing lights to advertise the 12 theatres of the Famous Players Group. Ms. Macut advised that they were willing to forego the request within the application for flashing lights but do require the pylon sign as originally requested. The others members of the delegation noted that as part of the agreement with the inside franchises they were obligated to display their names on the pylon sign and that the size of the sign also addressed the elevation issue. He noted that from the highest point of the building, the height of the sign would be approximately 10 to 15 feet below the top of the building. Mayor C. Zehr strongly suggested to the delegations that they contact the Ministry of Transportation to assure themselves that they were not in violation of any Provincial regulations. Mr. Bob McCall appeared as a delegation on behalf of the Pinegrove Neighbourhood Association which objects to the proposed sign based on its size/height and its flashing lights. He pointed out that the sign would be situate close to the residential neighbourhood and that, in his opinion, the size could not be considered a minor variance to the by-law. Further, he stated that every big box store that has located in the Gateway Business Park has complied with the Sign By-law requirements. In response to a question raised by Council, Ms. J. Given advised that the Sign By-law would allow for the erection of two signs provided they were separated by 15 metres. She did note that the site in question did have restrictions with regard to its King Street frontage and that an 8 foot clearance was required under all pylon signs. She also pointed out that the signs advertising existing theatres on Fairway Road comply with the by-law. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of October 27, 1998, recommending refusal of Submission No. S 10/98 - C.R.A.F.T. Group Inc. - Be Ratified & Confirmed." Councillor T. Galloway stated that approval of the sign application would set a poor precedent and noted that a considerable variance was being requested that is not minor. Further, he commented that the sign was in close proximity to residential properties that pre-date the current development. In response to Councillor G. Lorentz, Ms. J. Given advised that the proponents had been asked to reduce the size of the copy area on the sign, but they had indicated that because of their commitment to lessees they were unable to do so. Other members of Council expressed disappointment with the approach that such a large corporate entity had taken with respect to the entire matter. Councillor Jake Smola indicated that he would like to see the proponents meet with staff and neighbourhood representatives to attempt to reach a compromise before the matter was dealt with by Council. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That the motion of Councillor T. Galloway, seconded by Councillor J. Ziegler supporting the Committee of Adjustment refusal decision regarding Submission No. S 10/98 be deferred and referred to the November 9 Special Council meeting to allow the proponent to work with staff and the neighbourhood to reach a compromise solution." Carried. Ms. Jadranka Majkic appeared as a delegation representing her business known as D & J Auto. Her purpose was to request an extension of time that would allow her to retain a portable sign advertising her business beyond the six month limitation contained in the by-law. She commented that she started her NOVEMBER 2, 1998 COUNCIL MINUTES -5- CITY OF KITCHENER auto cleaning business two years ago and required the exposure that a portable sign would give her during the months of inclement weather which would maintain the momentum she has achieved today with regard to the growth of her business. Mr. B. Stanley advised Council that the Sign By-law allows business operators to acquire six 30-day sign permits in any calendar year that may be utilized within a timeframe that the business operator sees fit. He pointed out that in the case of Ms. Majkic's business she had utilized her permit allocation for 1998. A discussion followed and Mr. B. Stanley advised that Ms. Majkic could erect a permanent sign such as a pylon sign to advertise her business. Further, he noted that the department receives and refuses many requests for extension with regard to the use of portable signs. A motion by Councillor J. Ziegler, seconded by Councillor K. Taylor-Harrison that would allow a one month extension annually within the first three years of operation of a new business was put to a vote and Lost. Councillor J. Ziegler proposed a motion instructing staff to waive enforcement of the regulations respecting portable signs for a two month period relative to the D & J Auto business at 2255 Kingsway Drive and which also asked staff to look into the feasibility of an exemption for new businesses on a one time basis. Councillor Ziegler's proposed motion was dealt with in two parts. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That Council instruct the Department of Business & Planning Services to waive enforcement of the portable sign regulations under the Sign By-law for a two month period as it relates to the business known as D & J Auto located at 2255 Kingsway Drive." Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the Department of Business & Planning Services be requested to prepare a report discussing the possibility of granting a one-time extension for the additional use of portable signs for new businesses only." Motion Lost. Messrs. Ross Huehn and Frank McGuire appeared as a delegation in regard to the by-law listed on the agenda under item 9(a) that was to receive two readings this date dealing with an agreement between the City and the Township of Woolwich to adjust their municipal boundaries as provided under the Municipal Boundary Negotiations Act. The delegation advised that they first became aware of the proposal as a result of a notice placed on October 16 with regard to the passing of the by-law. It was indicated that they had met with Ms. C. Ladd and Mr. C. Stewart of the Region to discuss their lots which they indicated would be landlocked and were illustrated on a map which was distributed. They asked that their concern in this regard be addressed. Mr. B. Stanley advised that the planning process to date has dealt primarily with the Regional Official Policies Plan and the question of the Urban Settlement Boundary. He indicated that under the process no individual notice was given to property owners and pointed out that staff had just learned of this situation a week ago and would like to have more opportunity to discuss this matter with the Region and Township officials. He pointed out that only first and second readings of the by-law were proposed this date and that this would still allow ample opportunity to address the concerns raised by the delegation before third reading is scheduled. Mr. Peter Melnichuk appeared as a delegation on behalf of one of the property owners that was in support of the by-law to adjust the municipal boundary. Mayor C. Zehr assured the delegations that the Department of Business and Planning Services would undertake further consideration of their concerns raised this date prior to third reading of the by-law and also made reference to a letter that had been received from Mr. W. Kowalchuk regarding the boundary NOVEMBER 2, 1998 COUNCIL MINUTES -6- CITY OF KITCHENER adjustment by-law. On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, it was agreed that two readings would be given to the by-law listed on the agenda this date dealing with the Municipal Boundary Negotiations Act. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That report of the Planning and Economic Development Committee of Council of this date be adopted." Councillor T. Galloway explained the details of clause 5 relating to allowing registration of Stages 2 through 13 inclusive of the Activa Subdivision in Laurentian Forest as it relates to the Fischer-Hallman Road Extension/Westmount Road Realignment issue. Councillor T. Galloway stated that he was opposed to clause 3 of the report dealing with support in principle for Option #3 relative to the proposed sidewalk policies. Brief comments were made by several Councillors concerning the matter. The report was then put to a vote. Voted on clause by clause. Clauses #3 & 6 - Carried. Balance of report - Carried. Councillor J. Ziegler requested to be recorded as being opposed to clause 6 of the report. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the Community Services Committee report of this date be adopted." Clause 8 of the report was questioned and discussion took place. Councillor J. Ziegler specifically requested that the issues detailed in the Committee minutes be discussed by the Task Force referred to in clause 8. On motion by Councillor G. Lorentz, Seconded by Councillor B. Vrbanovic, it was agreed to amend clause 8 so as to include one representative from the green fee players. Councillor John Smola advised that he was opposed to clause 6 as it relates to the decision regarding the request for a privacy fence. The report was then put to a vote. Voted on clause by clause. Clause # 6 - Carried. Clause #8 - Carried (As Amended). Balance of Report - Carried. 4. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of this date be adopted." In reference to clause 1 dealing with Council's 1999 meeting schedule, Mayor C. Zehr advised that he had met with officials of Rogers Cable Televsion to discuss the possibility of Rogers increasing the COUNCIL MINUTES NOVEMBER 2, 1998 7 CITY OF KITCHENER number of meetings they televise. Further, he noted that a revised format with respect to the municipal hotline show has also been the subject of discussions. Councillor T. Galloway referred to clause 3 of the report advising that he was opposed to the manner in which the identified deficiency in training was being financed. Councillor Jake Smola expressed concern regarding clause 4 as to how public input would be received. He also commented there was merit in asking for an increase of Kitchener representation on Regional Council to eight Councillors. Discussion then shifted to the options listed within clause 4 and it was Councillor Jake Smola's view they should each be considered separately. Mayor C. Zehr commented that at the Committee meeting the options were considered and voted on separately and then subsequently adopted as a package. Several other members of Council expressed the view that the options should be voted on in their entirety rather than separately. A motion by Councillor Jake Smola to divide clause 4 so as to consider the options separately was not considered as it failed to receive a seconder to the motion. On motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, it was agreed to amend clause 7 of the report so as to revise the start time of the November 30th Special Meeting of the Finance and Administration Committee from 4 p.m. to 3 p.m. The report was then put to a vote. Voted on clause by clause. Clause #3 - Carried. Clause #4 - A recorded vote was requested. In Favour: Mayor C. Zehr and Councillors C. Weylie, K. Taylor-Harrison, M. Yantzi, G. Lorentz, J. Ziegler, T. Galloway, B. Vrbanovic and John Smola. Contra: Councillors Jake Smola. Absent: Councillor J. Haalboom. Motion Carried. Clause #7 - Carried (As Amended). Balance of report - Carried. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That the report of Heritage Kitchener (Local Architectural Conservation Advisory Committee) (October 2, 1998) be adopted." Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That report of the Public Works and Transportation Committee of this date (Meeting of October 13, 1998) be adopted." Councillor M. Yantzi commented that other options regarding corporate passes should be explored as well as consideration being given to include every employee. Following some further comments, NOVEMBER 2, 1998 COUNCIL MINUTES -8- CITY OF KITCHENER Councillor John Smola stated that the resolution represented general strategy statements with respect to Kitchener Transit and would be the subject of detailed consideration. The report was then put to a vote. Carried. Councillor T. Galloway disclosed a pecuniary interest prior to consideration of the report and abstained from all discussion and voting in respect to the universal pass issue as it would relate to involvement of the University of Waterloo where he is employed. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That report of the Public Works and Transportation Committee of this date (Meeting of October 26, 1998) be adopted." Councillor T. Galloway referred to clause 1 of the report and advised that Regional Road No.2 - Huron Road from Trussler Road to Westmount Road would not be reverting to the City of Kitchener until January 1, 2000. On motion by Councillor T. Galloway, seconded by Councillor J. Ziegler, clause 1 was amended in this regard. The report was then put to a vote. Clause #1 - Carried (As Amended). Balance of report - Carried. Councillor G. Lorentz advised that six months ago, he had raised the issue of vandalism taking place within his Ward and had been assured that the subject would be addressed City-wide rather than focused as just a downtown problem. He then made lengthy comments on the variety of vandalism that has taken place recently in Forest Heights and questioned what steps could be taken to involve the community in finding solutions to the problem. With respect to the vandalism problem he suggested the following: documentation of the number of incidents, documentation of repair costs, additional publicity to make the public aware of the facts relating to vandalism, offering rewards for conviction for vandalism acts and requiring offenders to pay the cost of rewards. In summary, he asked that some form of a report be prepared that would offer pro-active strategies that would halt vandalism. Several Councillors commented on the fact that vandalism was related to a much broader societal problem and suggested that the best way of addressing it was to consider the entire picture. It was noted that a report was scheduled for consideration in December that would provide a summary of initiatives for consideration and would speak to the matter of long-term solutions. Councillor Vrbanovic noted that one of the issues that must be addressed should be extension of the hours of operation of community centres. Mayor C. Zehr asked that Management Committee also start looking at some of the issues relating to vandalism problem. Councillor G. Lorentz specifically asked that staff report on the matter of offering rewards and whether or not the accused be made to pay the cost of the reward and Mayor C. Zehr requested that a legal opinion be discussed by Management Committee. Mr. J. Gazzola noted that the City presently does record the cost of vandalism to the taxpayer and this information was readily accessible. Councillor Jake Smola also requested that staff obtain information as to what procedures unfold if and when, vandalism offenders are caught. Also on the subject of vandalism, Mr. T. Clancy reported that a wooden deck in the Southwest Optimist Park had been set on fire resulting in a loss valued at $10,000 to $12,000. He advised that the Optimist group was extremely frustrated by this act given that their entire focus is to work with and assist youths. Mr. Clancy commented that there was an urgent need for a discussion and development of a co- ordinated approach to address the vandalism issue. Councillor K. Taylor-Harrison reported on a Safe City initiative held the weekend of October 16 involving a delegation from the City of Ottawa that she stated was amazed at the success that has been achieved locally in developing working partnerships amongst stakeholders. COUNCIL MINUTES NOVEMBER 2, 1998 9 CITY OF KITCHENER Mayor C. Zehr reported that staff had just received a letter from the Ontario Municipal Board advising that the Board agrees that the City should be granted a motion date in order to pursue further concerns raised by the City on a date yet to be determined. Meanwhile the Board has issued an Order saying the July 20, 1998 duplexing decision until the Board renders its decision on the motion. Councillor Jake Smola referred to a notice received from the Association of Municipalities of Ontario advising that the Federal Minister of the Environment recently announced the level of sulphur in gasoline will be reduced according to a plan that will require the petroleum industry to meet stipulated averages by the year 2002 and the year 2005. It was agreed that the notice be referred to the Environmental Committee for its consideration and any action. Councillor T. Galloway made reference to consideration that had taken place at the Region with regard to Provincial directives to limit the tax increase experienced by businesses and noted that the down side of the issue was that those businesses anticipating large decreases would receive less as they would be part of the solution to reduce the increases of other businesses. Councillor T. Galloway advised that the Region and senior staff have concluded part of the Region's Strategic Plan draft and Mayor C. Zehr advised that he would obtain copies for Kitchener Councillors who do not sit on Regional Council. Councillor Jake Smola referred to the planning process that takes place to set aside school sites and the subsequent actions of the School Boards in declaring such sites surplus and selling them off. He asked for a staff report on "lost" school sites in the last ten yeas and the impact of such loss on the local community. At the request of Mr. R.W. Pritchard, City Clerk, Council agreed that two additional zoning by-laws be added to the agenda for three readings this date. 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 authorize the Corporation of the City of Kitchener to enter into an Agreement with the Corporation of the Township of Woolwich to adjust their municipal boundaries as provided for under the Municipal Boundary Negotiations Act (b) Being a by-law to authorize the borrowing of $101,000,000 from January 1, 1998 to September 30, 1998 and $50,000,000 from October 1, 1998 to December 31, 1998 (c) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (d) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (e) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (f) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 31 inclusive, Registered Plan 58M-77 - Watercress Court (g) Being a by-law to exempt certain lots from Part Lot Control - Part Block 2, Registered Plan 1714 - Bankside Drive (h) Being a by-law to amend By-law 85-1 - William Mansell - Stanley Avenue - No. 95/32/SIZJ (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the NOVEMBER 2, 1998 COUNCIL MINUTES -10- CITY OF KITCHENER (J) (k) (I) City of Kitchener - Donald Poirier - Samuel Street - No. 98/06/S/GR Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Riotrin Properties (Kitchener) Inc. - King Street East) - No. 98/08/K/JG To confirm all actions and proceedings of the Council Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Janet Main - Lawrence Avenue - No. 98/11/L/ZJ (Cont'd) (m) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - King Street West - No. 97/19/TC/JG and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor B. Vrbanovic as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." 10. Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) Being a by-law to authorize the borrowing of $101,000,000 from January 1, 1998 to September 30, 1998 and $50,000,000 from October 1, 1998 to December 31, 1998 (By-law No. 98-162) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 98-163) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 98-164) To further amend By-law No. 88-172 being a by-law to authorize certain on-street and off- street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 98-165) Being a by-law to exempt certain lots from Part Lot Control - Lots 1 to 31 inclusive, NOVEMBER 2, 1998 COUNCIL MINUTES -11 - CITY OF KITCHENER 10. Registered Plan 58M-77 - Watercress Court (By-law No. 98-166) (f) Being a by-law to exempt certain lots from Part Lot Control - Part Block 2, Registered Plan 1714 - Bankside Drive (By-law No. 98-167) (g) Being a by-law to amend By-law 85-1 - William Mansell - Stanley Avenue - No. 951321SIZJ (By-law No. 98-168) (Cont'd (h) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Donald Poirier - Samuel Street - No. 98/06/S/GR (By-law No. 98-169) (i) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Riotrin Properties (Kitchener) Inc. - King Street East) - No. 98/08/K/JG (By-law No. 98-170) (J) (k) To confirm all actions and proceedings of the Council (By-law No. 98-171 ) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Janet Main - Lawrence Avenue - No. 98/1 I/L/ZJ (By-law No. 98-172) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - King Street West - No. 97/19/TC/JG (By-law No. 98-173) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That Zone Change Application ZC 98/8/K/JG (Price Costco - 4438 King Street East) to add special regulation 299 to lands zoned Highway Commercial (C-8) legally described as Part Lot 7, Registered Plan 1725, be approved in the form shown in the "Proposed By-law" attached, dated September 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 Zone Change Application ZC 98/11/L/ZJ (Janet Main - 232 Lawrence Avenue) requesting the addition of a special use provision to the Existing Use Zone (E-l) according to By-law 85-1 on lands legally described as Lot 65, Registered Plan 786, be approved, in the form shown in "Proposed By-law" attached, dated September 11, 1998 subject to the following conditions being satisfied before any readings of the By-law by Council. 1) That the applicant submit and receive approval of a site plan by the Director of Planning. 2) The owner acknowledges that condition 1 is required to be satisfied no later than seven months of Council having approved by resolution Zone Change Application ZC 98/1 I/L/ZJ. In the event this resolution is not fulfilled within the seven month period, Council shall considering 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 the City's Municipal Plan. That with regard to Traffic and Parking Division staff report DOPWR-97-9, dated October 30, 1997 dealing with 'Proposed Sidewalk Policy and Proposed Road Right-of-Way Policy', Appendix 'B', Sidewalk Requirements, be revised as follows: (i) (ii) in section l(a) Roads 16 metres or less, delete reference to the words 'or less' so that the title reads as 'Roads 16 metres' in section 1(c) Downtown, add the phrase 'with the exception of public lanes' after the words 'Municipal Plan'; and further, That with regard to City Council's request of staff to develop options for sidewalk requirements on 16 metre roads, Planning and Economic Development Committee support, in principle, 'Option #3' (require sidewalks on both sides of all roads including 16 metre) as outlined in the October 15, 1998 memorandum from K. Mayer; and further, That staff of the Traffic and Parking Division be directed to circulate the Committee's position on Option #3, that would revise section l(a) of Appendix 'B', to the development industry for comment and to bring the industry response to a future meeting of Planning and Economic Development Committee for consideration when it deals with the proposed policies. That the portion of Zone Change Application ZC 97/19/TC/JG (City Initiated Conformity By-law - 510, 520, 521, 575-607 King Street West and 16 Victoria Street North) which would change the zoning from General Industrial (M-2) with special use provision 48 and special regulation provision 51 and Service Commercial (C-6), to Service Commercial (C-6) with special regulation provision 302, on lands legally described as Lots 1-5 and 7-31 inclusive & Lots A, B and C and Part Lot 6 W.H. Bowlby's Survey, Registered Plan 420 and Part Lot 488, Registered Plan 375, more particularly described as Parts 1 and 6 of 58R-8902; Lots 1, 2, 4, 6 and Part Lots 3, 5 and 7, Registered Plan 374; Part Lots 35 and 36 Streets and Lanes, Lot 67, Part Lots 22 and 25 and Part lots 68, 69 and 489, Registered Plan 377; Lot 109 and Part Lot 112 SS King Street NS CNR STS & LNS, be approved in the form shown in the "Proposed By-law" attached, dated September 18, 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D That the Department of Business and Planning Services be directed to process a modification to Draft Plan of Subdivision 30T-95015 (Activa Development Corporation - Laurentian Forest - Stage 3), through Assistant General Manager's approval, to revise existing Condition 53 of the City's Draft Approval to permit the registration of Stages 2 through 13 inclusive, upon the Regional COUNCIL MINUTES NOVEMBER 2, 1998 -503 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Municipality of Waterloo being in receipt of funds in an amount equal to the non-growth related component of the Fischer-Hallman Road ExtensionANestmount Road Re-alignment. It is the opinion of this Committee that approval of this modification is proper planning for the City. That Staff Report BPS 98/129 (Regulations concerning accessory buildings in residential areas) be received as information; and further, That the Department of Business and Planning Services be directed to prepare an amendment to the Zoning By-law to revise the regulations concerning accessory buildings in residential areas. COMMUNITY SERVICES COMMITTEE - That we approve a grant, in the amount of $750.00, to the St. Francis Catholic School Council, in 1998, to assist with the cost of constructing a new creative playground, in accordance with Council's policy. That the City of Kitchener support the creation of a Sports Council in Kitchener-Waterloo, and further, That the Parks and Recreation Department allocate staff time, up to 20 hours per month and up to $2,000.00 for administrative resources for 2 years, to facilitate the development and management of the Sports Council. That we approve the request of the K-W Barrier Free Advisory Committee for a cash grant in the amount of $500.00 to assist with the cost of interpreters for their meetings, from September 1998 to June 1999. That a $1,500.00 contribution be made to the Kitchener Firefighter Combat Challenge Team, from the Fire Department budget, each year commencing in 1998, and further, That an over-expenditure of $1,500.00, in the Fire Department budget, be permitted in 1998, if necessary, to cover the $1,500.00 contribution to the Kitchener Firefighter Combat Challenge Team. That Kitchener Utilities sponsor Consort Caritatis, a concert in aid of victims of land mines, in the amount of $2,200.00. That the Parks and Recreation Department pay 100% of the cost of the chain link fence, of the size permitted in the Walkway Fencing Policy, as it pertains to 220 Oxford Street and the Union Lane/Breithaupt Community Trail, and further, That the request for trash receptacles and trail maintenance on the Union Lane/Breithaupt Community Trail be implemented by the Parks Division, and further, That no action be taken regarding the request for a 6-foot privacy fence, fencing the rear property lines of 216 & 220 Oxford Street and the request for lighting the Union Lane/Breithaupt Community Trail, and further, That the Parks and Recreation Department provide tree and shrub planting immediately adjacent to the Union Lane/Breithaupt Community Trail, at the rear of 220 Oxford Street, to provide a privacy screen as previously requested by the property owner. That no action be taken on the request of the Kinette Club of Kitchener-Waterloo for an in-kind grant in the amount of $292.00 to cover the cost of renting the Victoria Park Pavilion on November 21, 1998. COMMUNITY SERVICES COMMITTEE - (CONT'D) COUNCIL MINUTES NOVEMBER 2, 1998 -504 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the "status quo" continue at Rockway Golf Course and Doon Valley Golf Course for the 1999 golf season, with the exception of a 5% increase to rates, and further, That if a decision is not made on changes to the operation of and memberships at the City's golf courses prior to the opening of the 1999 season, the "status quo" continue for another year, and further, That recommendations 2, 3, 4, 5 & 6 of the report of Mr. T. Clancy, General Manager, dated October 21, 1998, as considered by the Community Services Committee on October 26, 1998, be deferred for further clarification and information from Moote von Bloedau and staff, and further, That a task force consisting of 3 members of Council, 3 members of staff, 3 golf representatives and 1 representative from green fee players review and recommend on the future of the golf courses and report to the Community Services Committee on December 7, 1998. (As Amended) That Parks and Recreation staff be authorized to put forward, to a meeting of Farmers' Market vendors, the 1999 vendor rates proposed in the report of Ms. I. Chyc, Mr. K. Baulk and Mr. R. Arnot, dated October 20, 1998, and considered by the Community Services Committee on October 26, 1998. 10. That consideration of the request of the Central Ontario Chinese Cultural Centre Inc. for an in-kind grant in the amount of $2,885.90, for rental of City facilities on February 12 & 13, 1999, be deferred to the Community Services Committee meeting scheduled for November 9, 1998. FINANCE AND ADMINISTRATION COMMITTEE - That the 1999 Standing Committee and City Council/Committee of the Whole meeting schedule as appended to the report of L. F. Parkhouse dated October 8, 1998 be accepted with the following changes: moving the May 31, Committee meeting to May 25 and the June 7 Council meeting to May 31; moving the August 9 Committee meeting to August 16 and the August 16 Council meeting to August 30. (As Amended) That subject to meeting all Licensing requirements, obtaining the owner's permission and submitting an application to have the subject lands appropriately zoned, Chris Wynes, Jungle Fries, be granted permission to continue operating his chip wagon at the Hogg Fuel Depot on the corner of Strasburg Road and Battler Road, and in this regard an extension of the temporary licence be granted and enforcement of the Zoning By-law waived both for the period of time required for staff to review the zone change and related applications for consideration by Council. That a Corporate Health and Safety - Vehicle and Equipment Training Reserve Fund be established and a 1998 transfer of $75,000.00 from Capital contingency, and an additional $75,000.00 from the 1999 Capital budget for the purposes of addressing the identified training backlog; and further, That commencing in the year 2000 and in every year thereafter appropriate allocations be made in the individual departmental operating budgets to support Corporate Health and Safety - Vehicle and Equipment Training for new employees and maintenance training for existing staff. That Council adopt, for discussion purposes, the following preferred options for Kitchener representation on Regional Council: Options #2 and #5 as identified by the staff committee and outlined in the report of R. W. Pritchard dated October 20, 1998; and, an additional Option #8 adopted by the Finance and Administration Committee, all as outlined in the amended schedule appended to the minutes of the October 26, 1998 Finance and Administration Committee meeting; and further, COUNCIL MINUTES NOVEMBER 2, 1998 -505 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That political discussions regarding the above options be completed no later than November 30, 1998 so as to allow for a resolution formalizing Council's preferred option(s) at that time, followed by discussion at Regional Council on December 16, 1998. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That the firm of Ernst & Young be re-appointed auditors for the City of Kitchener, its Boards and Enterprises for 1998; and, That an Audit Evaluation Committee be established to evaluate the audit services provided by Ernst & Young, and to make a recommendation to the Finance and Administration Committee regarding auditor appointment for the years 1999 and 2000; and further, That the following individuals be appointed as members of the Audit Evaluation Committee; the Mayor; the Chair of the Finance and Administration Committee; the Chief Administrative Officer; the Chief Financial Officer; the Director and Manager of Budgets and Financial Services. WHEREAS Bill 16 (An Act to give Tax Relief to Small Businesses, Charities and Others and to make other amendments respecting the Financing of Local Government and Schools) changes the way properties in Ontario are assessed and taxed, one of the major changes being the introduction of a "change event" for part of the year as outlined in Section 8; AND WHEREAS Bill 16 states that a "change event" during the taxation year or the preceeding November or December, will not be reflected in the assessment roll until the following year; AND WHEREAS the legislation makes no provision for minimum time periods for the implementation of "change events" in the current year, this situation being unfair to property owners and municipalities, particularly to commercial or industrial landlords required to pay taxes at the occupied tax rate where there are no longer tenants to which the taxes can be charged back; THEREFORE BE IT RESOLVED that the City of Kitchener strongly urges the Province of Ontario to amend the provisions of Bill 16 that amend Section 34 (2) of the Assessment Act, in order to allow changes to the assessment of a property in the current year to be implemented effective the date of the "change event"; AND FURTHER THAT a copy of this resolution be circulated to local M.P.P.'s, the Association of Municipalities of Ontario, the Association of Municipal Clerks and Treasurers of Ontario, the Association of Municipal Tax Collectors of Ontario, and the Municipal Finance Officers' Association of Ontario. That the following schedule be adopted for a review of all the fees charged by the City of Kitchener, excluding utility rates for gas, water and sewer which will be dealt with separately: Departmental fee information submitted to Finance Department for consolidation by October 30, 1998; Management Committee review on Tuesday, November 17, 1998; Finance and Administration Committee review on Monday, November 30, 1998 at a special meeting to be held at 3:00 p.m. (As Amended) That Council adopt the draft by-law appended to the report of L. Pasternak dated October 20, 1998 which would amend Chapter 665 (Property Standards for Maintenance and Occupancy) of the City of Kitchener Municipal Code to reflect recent changes in Provincial legislation, notably the Tenant Protection Act (Bill 96). COUNCIL MINUTES NOVEMBER 2, 1998 -506 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That staff of the Parks and Recreation and Public Works Departments prepare a cost estimate for the completion of the Kitchener segment of the Trans Canada Trail from its current terminus at Sydney Street, south to Conestoga College, in accordance with the routing in the approved Kitchener Bikeway Study, with this information to be available for consideration during Council's 1999 Capital Budget deliberations. HERITAGE KITCHENER (L.A.C.A.C) (SEPTEMBER 11, 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 municipally known as 237 Frederick Street (The Frederick Louis Knells House) as being of historic and architectural significance, and further That the designation include all exterior elevations of the main two storey house only, with the specific features to include; the brick facade, 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 verandah with tapered wood posts and brick piers. (Dealt with under delegations and No Action Taken) HERITAGE KITCHENER (L.A.C.A.C) (OCTOBER 2, 1998) That, pursuant to Section 43 of the Ontario Heritaqe Act, we approve the request of the owner of 253 Queen Street South, located in the Victoria Park Area Heritage Conservation District, to construct a detached 3 car garage in the rearyard, as outlined in his Alteration/Demolition Application dated, September 21, 1998. PUBLIC WORKS AND TRANSPORTATION COMMITTEE (OCTOBER 13, 1998) 1. That the desired leadership model for Kitchener Transit be resolved as the first step towards addressing the future direction of transit, and further, That a policy be established to service new growth areas with alternative public transit delivery mechanisms that better match transit capacity to ridership demands, and further, That the level of service on Iow performing, existing sub-routes be reduced and that the cost reductions resulting from these actions be allocated towards the provision of new service to areas that presently lack but are deemed to justify transit service, and further, That the Council of the Corporation of the City of Kitchener pass a resolution requesting the support of the City of Cambridge to make application to the Ontario Highway Transport Board to authorize the municipalities to integrate public transit services between the two cities, and further, that the transit staff of the two cities be directed to prepare any required supporting evidence for the application and any potential public hearing, and further, That the City of Kitchener Council pass a resolution requesting the Boards of Education to form a task force with the City to investigate how overall transportation costs to taxpayers can be reduced through better co-operation and co-ordination in the planning and delivery of municipal transit and school transportation services, and further, That the City of Kitchener Council pass a resolution requesting each of the Universities and Colleges and their respective student councils to separately negotiate a universal pass for the mutual benefit of students and Kitchener Transit, and further, That the ongoing discussions between Kitchener Transit and Project Lift be brought to closure and NOVEMBER 2, 1998 COUNCIL MINUTES -507 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER final recommendations on the potential to merge the two entities be tabled with both bodies before year end, and further, That to avert a potentially divisive matter, staff be directed to enter into collaborative discussions with C.A.W., the transit union, to negotiate a mutually beneficial resolve to the introduction of alternative delivery mechanisms into the public transit system, and further, That priority be placed on the implementation of the Time Transfer System so that the potential for any realignment and introduction of alternative delivery mechanisms for feeder routes may be determined, and further, That as part of a further refinement of the transit fare structure, a corporate pass be developed to offer more attractive group rates to employees of corporations. PUBLIC WORKS AND TRANSPORTATION COMMITTEE (OCTOBER 26, 1998) That, effective January 1, 1999, the City of Kitchener accept jurisdiction for sections of the following Regional roads, namely: Regional Road No.6 Regional Road No. 15 Regional Road No.53 Regional Road No.53 Regional Road No.53 Regional Road No.56 Regional Road No.63 Regional Road No.64 Regional Road No.64 Regional Road No.65 Frederick Street Bruce Street to Victoria Street King Street Victoria Street to Francis Street and Cedar Street to Ottawa Street Union Street Park Street to the Municipal boundary with the City of Waterloo Park Street Municipal boundary with the City of Waterloo to Devon Street Courtland Avenue Queen Street to Devon Street River Road Duke Street Charles Street Francis Street Cedar Street Victoria Street to Fairway Road Cedar Street to Francis Street Ottawa Street to King Street East Duke Street to Charles Street Charles Street to Weber Street, That, effective January 1,2000, the City of Kitchener accept jurisdiction for the section of the following road, namely: Regional Road No.2 Huron Road Trussler Road to Westmount Road. and further, That, effective January 1, 1999, the Region of Waterloo will accept jurisdiction for Trussler Road from Regional Road No.4 to Regional Road No.12 and Charles Street from Victoria Street to Francis Street, as approved by Regional Council on March 25, 1998, and further, That the Uniform Traffic By-law be amended accordingly. (As Amended) WHEREAS Ontario Regulation 945, (which defines the costs payable upon conviction of a Parking Infraction Notice, as amended by Ontario Regulation 240/98), and Ontario Regulation 949, (which COUNCIL MINUTES NOVEMBER 2, 1998 -508 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL defines the amount of Court costs collected by the municipality, as amended by Ontario Regulation 241/98), introduces additional costs to be collected by the municipality on behalf of the Ministry of Transportation; AND WHEREAS the legislation will result in additional implementation and ongoing operating costs to the municipality in excess of the compensation which municipalities will receive; THEREFORE BE IT RESOLVED that the City of Kitchener strongly urges the Province of Ontario to amend the provisions of Ontario Regulations 945 and 949, as amended, in order to allow for a more equitable cost sharing arrangement to reflect the true costs of maintaining the ownership databases and obtaining and processing the data for Court purposes; AND FURTHER THAT a copy of this resolution be circulated to local M.P.P.'s, the Association of Municipalities of Ontario and the Association of Municipal Clerk's and Treasurers of Ontario. 3. That the City of Kitchener waive its normal procedure for the selection of consultants and retain MTE Consultants Inc. as our engineering consultant for an upset fee of $17,500.00 (not including PUBLIC WORKS AND TRANSPORTATION COMMITTEE (OCTOBER 26, 1998) 3. (Cont'd) GST) to undertake a Schedule 'B' Class Environmental Assessment to determine the preferred method of providing a sanitary sewage servicing scheme for the Grand River South Community. COUNCIL MINUTES NOVEMBER 2, 1998 B= NOVEMBER 2, 1998 -509 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - (CONT'D) COUNCIL MINUTES -509 - CITY OF KITCHENER COMMITTEE OF THE WHOLE COUNCIL MINUTES NOVEMBER 2, 1998 -509 - 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 ACTING CHIEF ADMINISTRATIVE OFFICER - 1. Enqineerinq Aqreement - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and the Stanley Consulting Group Ltd., regarding Schedule "C" Class Environmental Assessment Study for the Preferred Location for the Construction of Wabanaki Drive from Wilson Avenue to Fairway Road." 2. Uncollectible Utility Accounts It was resolved: "That Uncollectible Utility Accounts amounting to $40,851.24 be written off against the Allowance for Doubtful Utility Receivables." 3. Ontario Municipal Board Appeals It was resolved: "That the Mayor and Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeal related to 844 Courtland Avenue East, Kitchener." -and- "That the Mayor and City Clerk be authorized to sign the Minutes of Settlement pertaining to the assessment appeal related to 130 Highland Road East, Kitchener." 4. Licences It was resolved: NOVEMBER 2, 1998 COUNCIL MINUTES -510 - COMMITTEE OF THE WHOLE REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - (CONT'D) CITY OF KITCHENER "That the City of Kitchener has no objection to the St. Marks Knights of Columbus Council No. 9276 c/o St. Marks Church, 55 Driftwood Dr., Kitchener, Ontario N2N 3A2, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's raffle draws to be held at the Regal Constellation Hotel, 900 Dixon Road, Toronto, Ontario on May 22, 1999." - and - "That the City of Kitchener has no objection to The Royal Canadian Legion-Ontario Command, 89 Industrial Parkway North, Aurora, Ontario, L4G 4C4, being granted permission to sell raffle tickets in the City of Kitchener for several draws to be held on May 11, 1999." - and - Licences (Cont'd) "That the City of Kitchener has no objection to the Knights of Columbus Father Funcken Council No. 1504, 110 Manitou Dr., Kitchener, Ontario N2C 1L3, being granted permission to sell tickets in the City of Kitchener for the Knights of Columbus Ontario State Council's raffle draws to be held at the Regal Constellation Hotel, 900 Dixon Road, Toronto, Ontario on May 22, 1999." -and- "That the City of Kitchener grant the request of the Festival of Trees Committee for permission to have M&M Meats operate a refreshment stand on November 28, 1998, at Kitchener City Hall, 200 King Street West, Kitchener, provided that the necessary Licence and Health and Fire approvals are obtained, and further, that the nominal fee of $1.00 be applicable." -and- "That the following massagists be granted a Massagist licence for the year 1998: Jessica Sovari Ruth Kreller Pauline Miller Criselly Moreno-Garcia." -and- "That a 1998 business licence be granted to Ray Garceau for Herc's Muscle Shop at 19 Scott Street." Restrictive Covenants - SOUTH WARD It was resolved: "That the City confirms that as of November 2, 1998 the property described as Part 2 on Plan 58R-8921 and municipally known as 575 Trillium Drive complies with all of the restrictive covenants set out in a Schedule to Instrument No. 1198762; and further NOVEMBER 2, 1998 B= COUNCIL MINUTES -511 - COMMITTEE OF THE WHOLE REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - (CONT'D) CITY OF KITCHENER That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 2.(a), 2.(b) and 2.(d) to Instrument No. 1198762 respecting the property described as Part 2 on Plan 58R-8921 and municipally known as 575 Trillium Drive, Kitchener." Lease of City Space - BRIDGEPORT-NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to sign a lease with Trade-Mark Industrial Inc. satisfactory to the City Solicitor to rent approximately 8,406 square feet on the 1st floor at a rent of $3.25 per square foot and the amount of $1.50 per square foot for approximately 2,646 square feet on the lower level at the City's building at 1197 Union St. (the "Maple Street facility") per annum plus G.S.T. and including utilities for a one year term but terminable on sixty days' notice." 10. Social Gaminq Event It was resolved: "That the City of Kitchener has no objection to a Social Gaming event licence being · th · issued to Anselma House for their 20 Anniversary Gala to be held on November 27, 1998 at Kitchener City Hall Rotunda." Tenders The tenders were dealt with under delegations. Variances to Municipal Code, Chapter 680 (Sign) - DOON- PIONEER AND FAIRVIEW WARDS The recommendations of the Committee of Adjustment pertaining to sign applications were dealt with under delegations. Bank of Montreal Accounts It was resolved: "That the Mayor and Clerk be authorized to sign the documents required to establish the following bank accounts with the Bank of Montreal: Corporation of the City of Kitchener City Deposit Account, Corporation of the City of Kitchener Customer Deposit Account, Corporation of the City of Kitchener Investment Clearing Account, and Corporation of the City of Kitchener Electronic Payments Account." Prior to consideration of this matter, Councillor Jake Smola disclosed a pecuniary interest and abstained from all discussion and voting as his mother is employed by the Bank of Montreal. NOVEMBER 2, 1998 COUNCIL MINUTES -512 - COMMITTEE OF THE WHOLE REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - (CONT'D) CITY OF KITCHENER 11. Project Plouqhshares - Nuclear Weapons This item was dealt with under delegations.