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HomeMy WebLinkAboutCouncil Minutes - 1998-11-30COU NCIL\1998-11-30 NOVEMBER 30, 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 Schneider Male Chorus under the direction of Lawrence Rowbotham. The Choir was thanked for attending and offering their rendition of the National Anthem this date. On motion by Councillor C. Weylie, the minutes of the regular meeting held November 16, 1998 and special meetings November 16 and 23, 1998, as mailed to the Mayor and Councillors, were accepted. COMMUNICATIONS - N I L Councillor C. Weylie and Mr. Brian Page, Landscape Architect, appeared as a delegation to make a presentation of 1998 Urban Design Awards. Mr. Page noted that 21 entries were submitted to a Selection Committee of the judging panel which then prepared a shortlist of entries to be passed to the judging panel for consideration. He noted that certain members of the Selection Committee had declared conflicts and did not participate in decision-making with regard to projects that they had involvement in. He then itemized the criteria which the Committee considered. Councillor C. Weylie identified the members of the judging panel which included herself, Mayor C. Zehr, Mr. T. McCabe, Ms. Tracy Giesen, Mr. Martin Jones and Mr. Peter Kalbfleish. Councillor Weylie then listed the ten finalists which the Selection Committee of the judging panel chose, being: Glasgow Mews 885 Glasgow Street Mill Courtland Community Centre 214 Mill Street Bankside Terrace Retirement Home 71 Bankside Drive Carwood Green 278 Carwood Avenue Office of Dr. Stephen Code Optometrist 1188 Ottawa Street South Ernst & Young Building 1515 Riverbend Drive Ottawa Westmount Plaza 645 Westmount Road East Regional Municipality of Waterloo (Administration Building) 150 Frederick Street Winston Park, Phase II 695 Blockline Road Kitchener City Hall 200 King Street West Mayor C. Zehr assisted in presentation of Awards of Excellence to the owners, architects, landscape designer and general contractor for each of Glasgow Mews, Ottawa Westmount Plaza and Carwood Green. An Award of Merit was presented for Winston Park Phase II and a new award called the Honorary Award of Distinction was presented with respect to Kitchener City Hall. Councillor C. Weylie expressed thanks to all the contestants who participated. Councillor G. Lorentz referred to correspondence the City received last summer from the Ontario Crime Control Commission and then itemized the involvement and community services commitment of Mr. Dennis Schnarr before presenting a Certificate of Excellence to him from the Ontario Crime Control Commission. Mayor C. Zehr advised the Committee that earlier this date Ms. Sybil Frenette had received an award in Toronto with respect to her work in non-profit housing. He pointed out that Ms. Frenette was a founding member of the Ontario Non-Profit Housing Association and listed her local involvement and accomplishments in this field. She was presented with an Outstanding Leadership Award from the Ontario Non-Profit Housing Association for her service to the community. Councillor G. Lorentz as Chair of the Community Services Committee presented a plaque to Mr. Fred Hasen representing the Kitchener Sports Association, in recognition of their work in the community. Mr. NOVEMBER 30, 1998 COUNCIL MINUTES - 548 - CITY OF KITCHENER Tim Hobson, President-elect, attended with Mr. Hasen. Mr. Hasen then spoke on recent activities of the Association and in particular made reference to a Scholarship Program which the Association was supporting. Dr. Sharon Goodyear-Johnston was in attendance with regard to a zoning by-law for 81 Bruce Street that was to be added to the agenda for three readings this date. On motion by Councillor C. Weylie, seconded by Councillor B. Vrbanovic, it was agreed that a zoning by- law respecting Application No. 97/31/B/ZJ would be added to the Council agenda and receive three readings this date. Ms. Jane Jantzi appeared before Council on behalf of the members of the City's CIP Team, being: T. Boutilier, J. Witmer, J. Koppeser, R. Morgan, R. LeBrun and D. Corks to present a professional Merit Award from the Ontario Professional Institute of Planners to the Mayor and Council for the report of the CIP Team entitled "Enterprise 21: Fast Tracking to the Future". 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. He also circulated two memorandums dated November 24 and 27, 1998 dealing with Proposal P98-124 (Land Rental for Billboard Space) and Tender T98-089 (Sale of Property - 1197 Union Street), respectively, and requested they be added to the agenda for consideration with the other tenders. Councillor J. Ziegler referred to Proposal P98-080 for Cleaning Services in Community Centres and questioned what rates were being charged. Mr. Gordon advised that rates were established based on the cost to come in and clean each facility and that he would make detail information available to members of Council. Councillor Jake Smola noted that the proposal was called by a group Cleaning Contract approach and questioned if any thought had been given to separating the contract by facility. Mr. Gordon replied that staff did not consider that alternative but could do so in future and Councillor Jake Smola noted that such an approach would afford smaller companies the opportunity to bid for cleaning work. Mr. Gordon did note that the contract was for one year fixed and an option to extend it for two years. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That proposal P98-080, Cleaning Services - Community Centres, be awarded to Tidy Heidi Cleaning Services Inc., Kitchener for the Mill Courtland Community Centre, Victoria Hills Community Centre, Doon Pioneer Park Community Centre, Kitchener Public Library - Doon Branch and Victoria School Centre, at their proposed hourly rate, and that cleaning services at the Kitchener Farmers' Market be awarded to Housekeepers of Canada Inc., Kitchener at their proposed hourly rate, at an estimated cost of $60,000. per year based on 1998 projections." -and- "That Expression of Interest E98-088, Consultant Services - Design Layout of Furniture and Systems Furniture for the New Kitchener Fire Department Headquarters be awarded to Corporate Contract Interiors, Cambridge, at an estimated fee of $7,695., plus G.S.T. and P.S.T." -and- "That tender T98-058, Supply of Domestic Water Meters, be awarded to ABB Water Meters Inc., Mississauga, at their tendered price of $115,000. for bulk packaged meters and $63,500. for individually packaged meters, plus G.S.T. and P.S.T." -and- "That tender T98-089, Sale of Property - 1197 Union Street, be awarded to F N F Enterprises Inc., St. Agatha, at their tendered price of $950,000, based on the completion of a phase 1 environmental report and/or soil tests and acceptance of same by the Purchaser. The environmental audit and any testing will be completed at the bidder's expense." Carried. COUNCIL MINUTES NOVEMBER 30, 1998 - 549 - CITY OF KITCHENER Moved by Councillor T. Galloway Seconded by Councillor M. Yantzi "That we defer and refer the following staff recommendation to the December 7, 1998 Finance and Administration Committee meeting for consideration: 'That Proposal P98-124, Land Rental for Billboard Space, be awarded to Pattison Outdoor, Toronto, at an estimated revenue of $654,254. for the five year term of the contract, based on an annual advertising growth rate of 4% or $598,201. based on a 0% annual advertising growth rate'." Councillor T. Galloway referred to concerns regarding billboard locations in the Downtown and suggested that there were unanswered questions and a need to look at whether two locations were appropriate. Councillor M. Yantzi commented on concerns regarding two Downtown locations and also suggested that alternate locations should be explored. Councillor J. Ziegler indicated that he was opposed to deferral. Councillor T. Galloway further commented that a particular landowner was very opposed to one of the billboards that detrimentally affects his business and stated that the property owner should be made aware of the recommendation and have a chance to address it on December 7, 1998. The deferral motion of Councillor T. Galloway was put to a vote and Lost. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That Proposal P98-124, Land Rental for Billboard Space, be awarded to Pattison Outdoor, Toronto, at an estimated revenue of $654,254. for the five year term of the contract, based on an annual advertising growth rate of 4% or $598,201. based on a 0% annual advertising growth rate." A recorded vote was requested. In Favour: Councillors Jake Smola, J. Ziegler, John Smola, G. Lorentz, B. Vrbanovic and C. Weylie. Contra: Mayor C. Zehr and Councillors K. Taylor-Harrison, J. Haalboom, T. Galloway and M. Yantzi. Motion Carried. Mr. T. Boutilier, Senior Planner, appeared as a delegation to review clause #7 of the report of the Planning and Economic Development Committee of this date dealing with a tree planting program to nuture Kitchener's Urban Forest and the matter of deferral of proceeding with a Tree Cutting By-law. Mr. Boutilier pointed out that for the past 18 months staff had been working closely with the Environmental Committee and it is staffs position that it did not favour imposing a Tree Cutting By-law. In this regard the City did not have the resources to support administration of a by-law which was estimated would cost $200,000.annually out of the Operating Budget and a review of other jurisdictions with such a permitting system has found the system to be ineffective. Mr. Boutilier stated that staff recommend that the approach be to apply the City's resources to implement new growth in accordance with the recommendation in clause 7. He advised that the program development was in a conceptual stage only at this time and that if it was approved by Council, staff would work to achieve a program launch in early 1999. Councillor J. Haalboom commented that while many trees in the core area were old many of them have substantial life remaining. Mr. Boutilier referenced the special circumstance of the core area and noted that property owners can have trees analysed by private arborists so as to ensure that no tree was mistakenly removed based on misinformation. In respect to the trees themselves, he pointed to their COUNCIL MINUTES NOVEMBER 30, 1998 - 550 - CITY OF KITCHENER environmental benefits, value as a lot selling feature, shade and cooling value, and prohibitive cost of removal. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 7 of the report of the Planning and Economic Development Committee of this date be adopted." Carried. Councillor Jake Smola expressed special appreciation to Messrs. T. Boutilier, D. Daly and M. Mahaffey for the pro-active manner in which the tree planting and preservation issue had been addressed and resolved. A number of delegations were registered respecting clause 5 of the Planning and Economic Development Committee report dealing with the Municipal Plan Amendment Application of Voisin Developments Limited respecting a parcel of land at 621 Fischer-Hallman Road. Councillor G. Lorentz disclosed a pecuniary interest and abstained from all discussion as his parents own property located within the circulation area of the application. Mr. Richard Pennycooke appeared as a delegation representing Agora Food Merchants to express concern with item 3 of clause 5 of the report of the Planning and Economic Development Committee dealing with the Voisin Municipal Plan Amendment Application. He stated that the recommendation was at odds with Council's previous position taken last August and suggested that it was more prudent to do the commercial hierarchy policy review now since the Voisin lands were being marketed. Accordingly, he suggested Council modify or delete item 3 of clause 5. Mr. Doug Annand advised that he was a Market Analyst with Price Waterhouse and it was his professional opinion that a commercial policy review should be done to set the framework for decision making and stated that he was in support of a peer review. He pointed out that the three new applications for food stores represent an additional 240,000 square feet of such retail in the community and that it was absolutely necessary to look at the effects and risks for the community in regards to these proposed developments. He noted that the Region's work on a policy review started out addressing the issue of power centres and was of the opinion that Kitchener should conduct its own policy review with the intent that the entire process develop information to assist decision making. He stated that it was his experience in other communities where a commercial policy review was not carried out, that the Ontario Municipal Board had ruled that they would not deal with applications until the community had done a review. Councillor C. Weylie asked Mr. Annand if clause 6 of the report addressed his concerns and Mr. Annand advised that it did as long as the commercial hierarchy policy review was carried out. He noted that it was a concern that a staff recommendation proceeded with at this point might be contrary to the outcome of the commercial hierarchy policy review. Mr. B. Stanley advised that staff intend to undertake the review but the issue now was a question of timing. He spoke to the relationship of the City's activity to undertake the review and to the Region's activity. Mr. Stanley indicated that staff would co-operate with the Region by ensuring that the City's consultant's work compliments that of the Region's. He stated that the intent was to treat both the Bestpipe and Voisin applications in similar manner and that it was his hope both applications could be before City Council simultaneously. In response to a concern expressed by Councillor B. Vrbanovic, Mr. Stanley advised that the application could end up being dealt with exclusive of the commercial hierarchy policy review and that it was important for Council to appreciate the high level of the review in that it may not deal with this type of application in the detail that is being referenced. Mr. Russell Cheeseman, Barrister & Solicitor for Agora Food Merchants, appeared as a delegation and referred Council to his November 20 submission that was considered by the Planning and Economic Development Committee and a November 26 letter circulated to Council this date. He referenced NOVEMBER 30, 1998 COUNCIL MINUTES - 551 - CITY OF KITCHENER Council's August resolution and stated that he wished to clarify item 3 of the Committee's November 23 resolution listed as clause 5 of the Committee report this date. In this regard, he proposed the following alternative wording: "That consideration of Municipal Plan Amendment Application 98/4/F/CL (Voisin Application - 621 Fischer-Hallman Road) and related Zone Change Application, be processed by staff, but not dealt with by Council, until the completion of the Comprehensive Review of the Commercial Hierarchy as it relates to Municipal Plan 'Commercial' Policy Provisions. Any staff reports on the Voisin applications which are brought before Council prior to completion of the Commercial Policy Review will only be received." Mr. Cheeseman also stated that he had been made aware that an O.M.B. pre-hearing conference had been scheduled for February 10, 1999 and that he proposed to be at the conference and will ask that the Bestpipe applications not go forward until a Commercial Policy Review has been completed and the Region's Policy Review with respect to Big Box Centres. At this point, Mr. Cheeseman repeated a request made at the November 23 meeting of the Planning and Economic Development Committee that he be provided a copy of the market study completed in support of the Voisin applications. In response to Mayor C. Zehr, Mr. Cheeseman indicated that reference in item 3 of clause 5 of the Committee report to the word "independently" was of concern to him, as well as the fact that both applications should be looked at in totality. Mr. Paul Dietrich, Wright-Dietrich appeared as a delegation on behalf of George Voisin and indicated that his client was in support of the wording referred to in clauses 5 & 6 of the Committee report. Councillor T. Galloway commented that he thought it was vitally important to conduct the market impact review and the review of commercial policy and that Council's August 16 resolution makes that clear. Councillor B. Vrbanovic stated that he was of the view that the relationship between clauses 5 & 6 of the report was not clear and proposed a revision providing that either or both applications be brought back for consideration in conjunction with the Commercial Hierarchy Policy Review. Mr. B. Stanley pointed out that the Bestpipe application was now before the Ontario Municipal Board and was out of the reach of City Council. He suggested that Council could make a request through the Legal Department to the O.M.B. that it consider returning the application to the City. However, Mr. J. Shivas' opinion was that the matter was in the hands of the O.M.B. Councillor T. Galloway commented that he thought the O.M.B. has been routinely referring applications back to municipalities. In response to Councillor John Smola, Mr. B. Stanley clarified that the Commercial Hierarchy Policy Review would address the whole structure of commercial development in the City of which the food store component was just a part. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 5 of the report of the Planning and Economic Development Committee of this date be adopted." Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That item 3 of clause 5 of the report of the Planning and Economic Development Committee be amended by adding the following to the recommendation: 'Further, that with respect to the Loblaws - Best Pipe and the Voisin applications, either or both be brought back to Committee for consideration in conjunction with the review of the City's Commercial Hierarchy Policies' ." Clause 5, as amended, of the report was then put to a vote and Carried. Carried. Councillor G. Lorentz previously disclosed a pecuniary interest and abstained from all discussion and voting as his parents own property located within the circulation area of the application. NOVEMBER 30, 1998 COUNCIL MINUTES - 552 - CITY OF KITCHENER Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That clause 6 of the report of the Planning and Economic Development Committee of this date be adopted." Councillor T. Galloway asked for assurance that the City's Commercial Policy Review activity would proceed independent of the Region. Mr. B. Stanley responded that it could not be independent of the Region's activity as there are key decisions the Region must make that influence the City's policies. Councillor Galloway questioned what Kitchener Regional Councillors need to do to keep things moving and mesh the activities. Mr. B. Stanley advised that if discussions at the Region are stalled, staff would come back to City Council and advise of the situation. Councillor Galloway requested that Councillor C. Weylie, who is Chair of Regional Planning Committee, discuss the matter with Mr. L. Kotseff. Mr. Stanley stated that in reference to the six months timeframe for the review, he noted that it was anticipated there would be difficulty obtaining a consultant and it was his view that the six months timeframe would commence once the consultant was engaged. Councillor Jake Smola requested clarification of the status of the Max Becker zoning and Mr. B. Stanley advised that the applicant has full approval for a food store that was restricted to 50,000 square feet and that a request has been made for a maximum 80,000 square foot food store with an Official Plan Amendment Application having been submitted. The motion of Councillor C. Weylie, seconded by Councillor M. Yantzi, to adopt clause 6 of the Planning and Economic Development Committee report was put to a vote and Carried. Councillor K. Taylor-Harrison advised that on November 18 she represented the City at the 25th Anniversary event of the Waterloo Regional Heritage Foundation and accepted a plaque awarded to the City in recognition of its dedication to heritage activity. Councillor J. Haalboom commented on the number of awards Kitchener received and listed Kitchener recipients. She thanked those members of Regional Council who have supported grants at the Regional level in support of heritage. 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 3 of the report and specifically section l(b) dealing with the Downtown mandate and in clarification Mr. B. Stanley advised that any suggestions or recommendations that were advanced would be referred to either the Heritage Committee or the Environmental Committee. The report was then put to a vote. Voted on clause by clause. Clause 5 - dealt with under delegations and carried, as amended. Clauses 6 & 7 - dealt with under delegations and Carried. Balance of report - Carried. Recorded pecuniary interest (under delegations). Clause 5 - Councillor G. Lorentz as his parents own property within the circulation area of the application. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the Community Services Committee report of this date be adopted." COUNCIL MINUTES NOVEMBER 30, 1998 - 553 - CITY OF KITCHENER Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of this date be adopted." On motion by Councillor C. Weylie, seconded by Councillor M. Yantzi, it was agreed to amend clause 2 of the report so as to provide that the Community Services Committee on January 11, 1999 undertake a general discussion pertaining only to the functional issues of the position of Safe City Co-ordinator. Councillor G. Lorentz requested that the Department of Parks & Recreation provide some information on the status of community centres such as what resources and programming was needed and Mr. T. Clancy indicated that staff will attempt to prepare a report in this regard. Councillor T. Galloway stated that he would like to have a clear picture of the issues involved with respect to the City's strategic objective 3.2 and Mr. J. Gazzola pointed out that because the whole situation is not clear, it was his wish to have a special meeting of Management Committee dedicated to discuss just this one topic and then report to Council. Concillor K. Taylor-Harrison stated that in her view the entire Safe City matter was huge topic that could not be covered off by the Department of Parks & Recreation alone and Councillor B. Vrbanovic agreed that the whole issue of community development needs to be thoroughly considered. In reference to clause 4 of the report, Councillor B. Vrbanovic commented that the City of Sarnia had approved a tax exemption request and subsequently the door had been opened in this regard as other organizations were looking for similar treatment. The report was then put to a vote. Voted on clause by clause. Clause 2 - carried, as amended. Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of November 30, 1998 be adopted." Carried. Moved by Councillor J. Haalboom Seconded by Councillor T. Galloway That the report of Heritage Kitchener (L.A.C.A.C.) of this date 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 be adopted." In regard to clause 2 of the report, Councillor John Smola advised that in reference to a letter received from MTE Consultants, a consensus had been agreed to that would deal with concerns. The report was put to a vote and Carried. Councillor Jake Smola noted that an informational meeting on future development of the airport had taken place with options considered as well as a preferred option. In this regard, he presented a petition from COUNCIL MINUTES NOVEMBER 30, 1998 - 554 - CITY OF KITCHENER residents of Lackner Woods dealing with proposed expansion of the Waterloo Regional Airport which he read to Council and requested be circulated to members of Council. He referred to a previous resolution of City Council regarding the airport and indicated he would be discussing the entire matter with Lackner residents before the next Council meeting and at this time gave notice that he would introduce a motion relative to this issue at the December 14 Council meeting. Councillor J. Haalboom referred to discussion that had taken place last August regarding the danger to cars and pedestrians at Homer Watson Boulevard and Pioneer Drive and a resolution that had been approved to lobby the Provincial government with regard to red light running and installation of cameras at intersections. In view of an accident last week, she asked for support of Regional Councillors for installation of an overhead sign on Homer Watson Boulevard alerting drivers to be prepared to stop at Pioneer Drive. Councillor T. Galloway indicated that he had already discussed the proposal with Regional staff and asked for a report on installation of warning lights. Mayor C. Zehr noted that there was a similar hazardous situation on Ottawa Street South at the seniors housing adjacent to the Concordia Club. Councillor G. Lorentz questioned if larger pedestrian crossing signs might be warranted at this location and Mr. E. Kovacs indicated that he would follow-up on the suggestion. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That the Regional Municipality of Waterloo be requested to install flashing warning lights in both directions on Homer Watson Boulevard to alert drivers to the traffic signals at Homer Watson Boulevard and Pioneer Drive intersection." Carried. Moved by Councillor M. Yantzi Seconded by Councillor T. Galloway "That the Regional Municipality of Waterloo be requested to investigate alternatives to address a very hazardous pedestrian safety issue on Ottawa Street South in the area of the Senioren Haus Concordia Inc. Residences." Carried. Councillor C. Weylie referred to the considerable widths that some walkway paths have reached and requested the Department of Business and Planning Services prepare a report on emergency access issues. It was directed that the matter be listed on the Planning and Economic Development Committee December 7 agenda for discussion only. Councillor B. Vrbanovic noted that he had advised Councillors that he was intending to recommend a further appointment to the Arts & Culture Advisory Committee that had not been considered when Council made its annual appointments to Committees. Moved by Councillor B. Vrbanovic Seconded by Councillor G. Lorentz "That Mr. Harry Froklage be appointed to the Arts & Culture Advisory Committee for a term to expire November 30, 1999." Carried. Councillor J. Haalboom requested that Council make an additional appointment to the Public Art Committee that was not before them at the time Council made its annual appointments for 1999. Moved by Councillor J. Haalboom Seconded by Councillor B. Vrbanovic "That Mr. Glenn Ward be appointed to the Public Art Committee for a term to expire November 30, 1999." COUNCIL MINUTES NOVEMBER 30, 1998 - 555 - CITY OF KITCHENER Carried. Councillor B. Vrbanovic noted that last weekend the Festival of Lights in Victoria Park had commenced and that the St. Mary's Hospital Foundation had sponsored a successful Festival of Trees event within City Hall. He advised that the second annual Christkindl Market would be held at Kitchener City Hall December 10-13 with commencement ceremonies planned for 5:45 p.m. on December 10. Councillor J. Ziegler indicated that traffic warrants for signalization of the Courtland Avenue/Siebert Avenue intersection were previously satisfied based on 1994 data. However, Regional Council has requested the statistics be updated before proceeding with installation. Councillor Ziegler requested that the City Clerk contact the Region to determine the current status of the warrants and advise City Council. Mayor C. Zehr advised that Bauer Inc. had contributed $10,000 to each of the Cities of Kitchener, Waterloo and Cambridge and that Kitchener would devote the donation to its Fee Assistance Program. Mayor Zehr officially expressed thanks and appreciation to Bauer Inc. for this donation. Moved by Councillor K. Taylor-Harrison Seconded by Councillor M. Yantzi "That Ms. Bin Newell be appointed as the City of Kitchener representative on the Board of Directors of the Kitchener Downtown Inter-Community Health Centre Project." Carried. Councillor T. Galloway referred to a notification received from the Association of Municipal Clerks and Treasurers with respect to Provincial Bill No. 79, Fairness for Property Taxpayers Act 1998. He questioned if the large Urban Mayors Group could review the Bill and noted that there were severe concerns about the practicality of the Bill. Mayor C. Zehr advised that at the last meeting of the Mayor's Group information was incomplete and that there was a mixed reaction to taking a stance on the issue. It was agreed that Ms. P. Houston, Chief Financial Officer, would prepare a report for consideration by the Finance and Administration Committee at its December 7 meeting. The by-laws were then considered including an additional by-law not listed on the agenda that Council earlier in the meeting agreed to add for three readings. Moved by Councillor John Smola Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to designate part of the property municipally known as 20 Greenbrook Drive in the City of Kitchener as being of historical and architectural value (b) Being a by-law to provide for the widening of part of Young Street as a public highway in the City of Kitchener (c) Being a by-law to amend By-law 93-200 being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency (d) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (e) Being a by-law to repeal and replace Chapter 405 of the City of Kitchener Municipal Code with respect to Animals - At Large and Chapter 408 of the City of Kitchener Municipal Code with respect to Animals - Regulation (f) Being a by-law to repeal and replace Chapter 575 of the City of Kitchener Municipal Code with respect to Pet Shop (g) To confirm all actions and proceedings of the Council COUNCIL MINUTES NOVEMBER 30, 1998 - 556 - CITY OF KITCHENER (h) To authorize the construction of certain works as shown in Schedule 'A' hereto as local improvements 7. (Cont'd) (i) Being a by-law to adopt Amendment No.18 to the Municipal Plan Classification Revised Road (J) Being a by-law to establish retention periods and disposition methods for records of the municipality (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 (i) 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) Being a by-law to amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dr. Sharon Goodyear-Johnston and Donald Johnston - Bruce Street - No. 97/31/B/ZJ and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor C. Zehr appointed Councillor C. Weylie as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor C. Weylie Seconded by Councillor B. Vrbanovic "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes, are hereby adopted and confirmed." Carried. Moved by Councillor John Smola Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to designate part of the property municipally known as 20 Greenbrook Drive in the City of Kitchener as being of historical and architectural value (By-law 98-182) (b) Being a by-law to provide for the widening of part of Young Street as a public highway in the City of Kitchener (By-law No. 98-183) (c) Being a by-law to amend By-law 93-200 being a by-law to establish an Emergency Plan governing the provision of necessary services during an emergency NOVEMBER 30, 1998 COUNCIL MINUTES - 557 - CITY OF KITCHENER (By-law No. 98-184) (d) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code with respect to Dogs (By-law No. 98-185) (Cont'd) (e) (f) (g) (h) Being a by-law to repeal and replace Chapter 405 of the City of Kitchener Municipal Code with respect to Animals - At Large and Chapter 408 of the City of Kitchener Municipal Code with respect to Animals - Regulation (i) (By-law No. 98-186) Being a by-law to repeal and replace Chapter 575 of the City of Kitchener Municipal Code with respect to Pet Shop To confirm all actions and proceedings of the Council (By-law No. 98-187) (By-law No. 98-188) To authorize the construction of certain works as shown in Schedule 'A' hereto as local improvements (By-law No. 98-189) the Municipal Plan Revised Road (By-law No. 98-190) (j) Being a by-law to establish retention periods and disposition methods for records of the municipality (By-law No. 98-191 ) (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 (By-law No. 98-192) (I) 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. 98-193) (m) Being a by-law to amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No. 98-194) (n) Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - Dr. Sharon Goodyear-Johnston and Donald Johnston - Bruce Street - No. 97/31/B/ZJ (By-law No. 98-195) be taken as read a third time, be finally passed and numbered serially by the Clerk." Being a by-law to adopt Amendment No.18 to Classification NOVEMBER 30, 1998 COUNCIL MINUTES - 558 - CITY OF KITCHENER On motion, the meeting adjourned. MAYOR CLERK NOVEMBER 30, 1998 COUNCIL MINUTES - 558 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - That the proposed Municipal Plan designation of "Primary Arterial" for Trussler Road from Bleams Road to New Dundee Road be deleted from Municipal Plan Amendment Application MP 98121CIGR and referred to the Engineering Committee of the Region of Waterloo for additional discussion. 1) That City Council adopt Municipal Plan Amendment Application MP 98/2/C/GR (City Initiated Revised Road Reclassification), being an amendment to: a) Revise Map 4 - "Transportation" by changing the classification of the roads as indicated in the amendment save and except for deletion of Trussler Road from Bleams Road to New Dundee Road and as shown on Schedule "A" attached to the amendment. That the Regional Municipality of Waterloo be requested to delete 'Deferral No. 2a)' on Map 4 - "Transportation" of the Municipal Plan. It is the opinion of this Committee that approval of this Amendment to the City's Municipal Plan is proper planning for the City. 1) That the Kitchener Downtown Advisory Committee Terms of Reference be revised as follows: change the name of the Mount Hope-Huron Park neighbourhood in Section I Purpose and Scope and Section 3 Membership and Organization to Mount Hope-Breithaupt Park neighbourhood. change Section 3 (a) Membership and Organization to delete specific representation of 1 Rep-Senior Citizens, 1 Rep-Affordable Housing, 1 Rep-Waterloo Regional Arts Council, 1 Rep-Kitchener-Waterloo Multicultural Centre and instead add "4 members appointed by Council from the community at large who have a demonstrated interest in the downtown and may represent a background in one or more of the following areas: Seniors Community, Housing, Arts and Culture Community, Social Services, Multiculturalism, Developmentally Challenged. add to Section Membership and Organization "neighbourhood associations may assign an alternate rep with the understanding that at any meeting the association has only one voting rep being either the rep or the alternate rep." Change reference to the Department of Planning and Development in Section 3 (c) to Department of Business and Planning Services. add to Section 3 Membership and Organization the following clause "Following a written request from the City Clerk, the neighbourhood associations shall provide written confirmation of the rep and alternate rep." add to Section 3 Membership and Organization the following clause "Members will serve for an initial term of one year which can be renewed." g) stipulate that quorum for meetings shall be 12 committee members. That the City Clerk be instructed to amend City Council Policy Manual No. 1-90, Kitchener Downtown Advisory Committee - Terms of Reference, in accordance with the above as noted in Schedule 'A' - Revised Terms of Reference, attached to staff report BPS # 98/137 and outlined below: APPENDIX A NOVEMBER 30, 1998 COUNCIL MINUTES - 559 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER KITCHENER DOWNTOWN ADVISORY COMMITTEE REVISED TERMS OF REFERENCE PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - CONT'D Cont'd 1.0 PURPOSE AND SCOPE The Kitchener Downtown Advisory Committee is an Advisory Committee reporting directly to Council or to the appropriate Standing Committee. b) The Kitchener Downtown Advisory Committee will consider the downtown in its broadest context to include a downtown community made up of three concentric areas: a commercial core defined by Charles Street, Cedar Street, Weber Street and Victoria Street, a ring of adjacent inner city neighbourhoods comprised of the Civic Centre, Central Frederick, King East, Cedar Hill, Victoria Park, Mill Courtland, Mount Hope-Breithaupt Park, King-Belmont, Cherry Hill and Auditorium neighbourhoods; and an inner city area bounded by the Conestoga Expressway, The City of Waterloo and Westmount Road. As such the Committee mandate will cover all matters that impact on the Downtown including: environment and physical image; arts, culture, heritage and entertainment; marketing and business development; media and community relations; safety; housing; neighbourhood and community development; and transportation and parking. 2.0 RESPONSIBILITIES a) To hear delegations, review reports on any subject falling within the Committee's mandate and, where appropriate, to advise Council directly or through the appropriate Standing Committee. b) To oversee and administer the Downtown Kitchener Community Strategic Plan including its implementation and long term maintenance and review. c) To provide liaison between the City and the Community concerning all matters relating to the Downtown Community. d) To promote and initiate short-term, intermediate and long-term proposals, programs and projects for the strengthening and enhancement of the Downtown. 3.0 MEMBERSHIP AND ORGANIZATION a) Membership on the Committee shall be as follows: Mayor Ex Officio 5 Members of Council 5 Reps - Chairman and 4 Members of Kitchener Downtown Business 4 Individuals appointed by Council from the community at large who have a demonstrated interest in the downtown and may represent a background in one or more of the following areas: Seniors Community Arts and Culture Community Social Services Housing Multi Culturalism Developmentally Challenged NOVEMBER 30, 1998 COUNCIL MINUTES - 560 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER 1 Rep - Kitchener Downtown Churches 1 Rep - Social Planning Council of Kitchener-Waterloo 1 Rep - and alternate rep from each of: a) Auditorium Neighbourhood Association PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - CONT'D Cont'd b) Cedar Hill Neighbourhood Association c) Central Frederick Neighbourhood Association d) Cherry Hill Neighbourhood Association e) Civic Centre Neighbourhood Association f) King-Belmont Neighbourhood Association g) King Street East Neighbourhood Association h) Mill Courtland Neighbourhood Association i) Mount Hope-Breithaupt Park Neighbourhood Association Victoria Park Neighbourhood Association 1 Rep -Waterloo Regional Police 1 Rep - Kitchener Public Library Neighbourhood Associations may assign an alternate rep with the understanding that at any meeting, the association has only one voting representative being either the rep or the alternate rep. Following a written request from the City Clerk, the neighbourhood association shall provide written confirmation of the rep and alternate rep. Members will serve for an initial term of one year which can re renewed. e) The Committee shall, from amongst their members, annually choose a Committee Chairman who must be a member of Council and a Vice- Chairman. f) Minutes will be kept of each meeting with secretarial services provided by the staff of the Department of Business and Planning Services. g) Meetings will be held monthly or as called by due notice. h) Quorum shall be 12 committee members. That Kitchener Council support an extension to the deadline for fulfilling conditions of approval for Zone Change Application ZC 96/34N/PB (257913 Holdings Limited - 15 Vicmount Drive) to April 23, 1999. 5. 1 That the Department of Business and Planning Services be authorized to retain a consultant, other than Royal LePage - Strategic Advisory Services, with expertise in retail and market analysis to conduct a peer review of the Market Impact Assessment prepared by John Winter Associates Limited in support of Municipal Plan Amendment Application MP 98/4/F/CL (Voisin Developments Limited - 621 Fischer-Hallman Road); and further, 2) That the Department of Business and Planning Services be authorized to overexpend their budget by a maximum of $6,000.00 in order to complete said peer review; and further, 3) That the 'Voisin applications' be processed independently of the City's commercial policy review, such processing to bring the Voisin applications up to the same point of completion as the Best Pipe applications; and further That with respect to the Loblaws-Bestpipe and the Voisin applications, either or both be brought back to Committee for consideration in conjunction with the review of the City NOVEMBER 30, 1998 COUNCIL MINUTES - 561 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER Commercial Hierarchy Policies. (Dealt with under delegations and Carried, As Amended) That the Department of Business and Planning Services be requested to develop 'Terms of Reference' and proceed with preparation of a 'Proposal Call' relative to undertaking of a review of PLANNING AND ECONOMIC DEVELOPMENT - CONT'D 6. (Cont'd) the City's Commercial Hierarchy Policies and completing same within 6 months based on consideration referenced during Committee and Council discussion of August 1998. (Dealt with under delegations and Carried) 7. 1) That the City of Kitchener Environmental Committee concur with the concept of implementing a 5 year program of annual tree planting in co-operation with sponsors and private land owners; and Staff be directed to develop details of the program for further consideration by the Environmental Committee and City Council; and further, That up to $50,000 per year for 5 years be allocated to the Capital Budget, commencing in 1999, for this Program. COUNCIL MINUTES NOVEMBER 30, 1998 - 562 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 2) That consideration of the following Staff recommendation be deferred: "2.2 That the City of Kitchener not proceed to develop a By-law and procedures, as provided for by Section 223.3 of the Municipal Act, for the Destruction or Injury of Trees for individual trees on private land." And further that Legal and Planning Staff be requested to prepare a report on the merits of a By-law providing for a tree replacement requirement to offset tree removal. That Staff of Business and Planning Services, Parks & Recreation, and Legal Departments continue to prepare measures to protect the quality of valuable woodlots situated in rural areas which are nearing entry into the developmental approval process, in accordance with the Resolution of City Council, date February 17, 1997. (Dealt with under delegations and Carried) COMMUNITY SERVICES COMMITTEE - That the City of Kitchener Emergency Plan, being By-Law #93-200, as amended, be further amended as outlined in the report of Mr. N.E. Kuntz, Deputy Fire Chief, dated November 16, 1998, and the draft by-law attached thereto. That we approve the Terms of Reference with respect to City of Kitchener entrance signs, as attached to the report of Mr. R. Wyatt, Division Manager, dated October 6, 1998, as considered by the Community Services Committee on November 23, 1998. That a working committee be formed to review further fee increases, classification changes and stand allotment at the Kitchener Farmers' Market, and further, That the working committee for the Kitchener Farmers' Market be composed of market staff, market vendors representing each classification and a member of Council, and further, That the working committee for the Kitchener Farmers' Market present its recommendations to the Community Services Committee by March 1999, and further, That Councillor K. Taylor-Harrison be appointed as Council's representative on the working committee for the Kitchener Farmers' Market. That the 1999 Annual Grants be tabled for consideration at the Community Services Committee meeting of Monday, December 7, 1998. FINANCE AND ADMINISTRATION COMMITTEE (NOVEMBER 23, 1998) - That the City of Kitchener has no objection to the relocation of the Pony Club from 1 King Street West to 124 Weber Street West, Kitchener, provided the necessary licence is obtained, including the approvals of Planning, Building, Fire and Health. That the request of the Business and Planning Services Department that the Safe City Coordinator function, presently comprising 25 per cent of the Environmental Design Technologist position, be expanded into a new full-time "Safe City Coordinator" position be referred to the Community Services Committee January 11, 1999 meeting for a general discussion pertaining only to functional issues of the position and to the 1999 budget review process for consideration in conjunction with other staffing requests. COUNCIL MINUTES NOVEMBER 30, 1998 - 563 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (As Amended) That the Province of Ontario be advised that the City of Kitchener does not support the proposed changes to the bingo terms and conditions as outlined in the discussion paper of the Registered Gaming Suppliers of Ontario dated October 28, 1998 on the basis that such changes are regressive and reflect the arrangement which existed approximately 10 years ago; and further, That should the Province decide to adopt the recommended changes, it consider assuming responsibility for licensing and control of bingo events. That consideration of the request of the Royal Canadian Legion, Polish Veterans' Branch 412 be deferred and referred to the 1999 budget review process pending a report from staff in regard to the following: possible community use of Legion facilities over and above the programs currently offered; the number of other organizations within the community which may qualify for an exemption under Section 207 of the Municipal Act, including the nature of the facilities owned and operated by these groups as well as the nature of their community involvement, this list to include the Army and Navy facilities; clarification as to whether additional tax dollars are involved if an exemption is granted; an indication of the initiatives in this regard undertaken by the Cities of Toronto and Waterloo; and the legality of requiring public access to the facility as a condition of a tax exemption. FINANCE AND ADMINISTRATION COMMITTEE (NOVEMBER 30, 1998) - That the 1999 Cemetery Tariff of Charges, as outlined in the "Comprehensive Fee Review" document dated November 30, 1998 as considered by the Finance and Administration Committee on that date be approved, subject to the charges for flush markers greater than 288 square inches and for flower containers not exceeding 15% over the 1998 fee; and, That staff forward the Tariff of Charges to the Cemeteries Regulations Branch of the Ministry of Consumer and Commercial Relations for filing in order that the proposed fees become effective on January 1, 1999; and further, That staff further examine the issue of charges for Sunday burials where these are required on religious grounds and report back to Council at a later date. HERITAGE KITCHENER (L.A.C.A.C) - That, subject to the properties being recorded to a standard acceptable to the City's Heritage Planner, pursuant to Section 43 of the Ontario Heritaqe Act, we approve the request of the owner to demolish the designated properties municipally known as 14 & 18 St. George Street, located in the Victoria Park Area Heritage Conservation District. That, pursuant to Section 43 of the Ontario Heritaqe Act, we approve, in principle, the request of the owner to alter the entrance feature on Doon South Drive, located in the Upper Doon Heritage Conservation District, as presented to Heritage Kitchener on November 13, 1998, subject to the owner obtaining approval from City Engineering staff. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That, effective immediately, City Hall be opened at 8:30 a.m. on Sundays to accommodate various church groups and other events that take place in this facility, as well as adjacent properties, and further, That funds in the amount of $6,500.00 annually be added to the Security Operating Budget to reflect the additional staffing required to open this facility. 2. That Council approve the preferred design and location for Huron Road, from Trillium Drive to COUNCIL MINUTES NOVEMBER 30, 1998 - 564 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Strasburg Road, as presented at the Public Open House on April 7, 1998, and that the Schedule 'C', Class Environmental Study Report for this project be filed with the City Clerk for the mandatory 30 day public review period, and further, That the mapping included as part of the Environmental Study report be amended to indicate a possible future sanitary sewer on the Huron Road extension, west of Battler Road. NOVEMBER 30, 1998 COUNCIL MINUTES - 565 - COMMITTEE OF THE WHOLE CITY OF KITCHENER BY-LAWS 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Vendor's Licence It was resolved: "That a 1998 Temporary Vendor Licence be granted to David Frank Divell." 2. Uncollectible Tax Accounts It was resolved: "That the attached list of Uncollectable Tax Accounts amounting to $58,014.08 be written off against the Allowance for Doubtful Taxes Receivable." 3. Minutes of Settlement - BRIDGEPORT-NORTH WARD 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." 4. Leases of City Space - BRIDGEPORT-NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to sign a lease with Bernie W. Downey satisfactory to the City Solicitor to rent approximately 4,600 square feet at the City's building at 1197 Union St. (the "Maple Street facility) at a rent of $3.25 per square foot per annum plus G.S.T. and including utilities for a one year term but terminable on sixty days' notice." -and- "That the Mayor and Clerk be authorized to sign a lease with 1291089 Ontario Inc. satisfactory to the City Solicitor to rent approximately 1,350 square feet at the City's building at 1197 Union St. (the "Maple Street facility") at a rent of $3.25 per square foot per annum plus G.C.T. and including utilities for a one year term but terminable on sixty days' notice." 5. Homer Watson House - Accountinq Services It was resolved: "That Homer Watson House and Gallery become fully responsible for the accounting of their operations except for payroll, and That the City of Kitchener provide payroll services to Homer Watson House and Gallery and that the Homer Watson House and Gallery will be invoiced on a monthly basis for their payroll and related fringe benefits, and That an interest free working capital loan in the amount of $5,000 be established to COUNCIL MINUTES NOVEMBER 30, 1998 - 566 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) assist Homer Watson House and Gallery in financing it's daily operations." 6. Tenders The tenders were dealt with under delegations. 7. Huron Natural Area It was resolved: "That the resolution adopted by Council on August 17, 1998 and amended on October 26, 1998 authorizing the execution of an Agreement of Purchase and Sale for the acquisition of approximately 16 acres of upland forest located in the Huron Natural Area be further amended by adding as owners, the names Happy Artisans Limited and David Lorne Investments Limited." 8. Licence It was resolved: "That the City of Kitchener has no objection to the Heart and Stroke Foundation of Ontario, 1920 Yonge Street, 4th Floor, Toronto, Ontario,M5S 3E2, being granted permission to sell tickets in the City of Kitchener for a series of raffle draws to be held from February 25, 1999-March 12, 1999. The draws will be held at KPMG, Commerce Court West, 199 Bay Street, Suite 300, Toronto, Ontario and at Global Television, 81 Barber Green Road, Don Mills, Ontario." 9. Consent to Conveyance re: 10 Dumart Place It was resolved: "That the City consents to a transfer from Ronald Hornburg Contracting Limited to H20 Express Limited of the property described as Parts 4 & 5 on Reference Plan 58R-4735 and municipally known as 10 Dumart Place, subject to the installation of a tree and planting bed and the demarcation of the parking lot including a 'one way' directional sign at the rear of the building, all to the satisfaction of the Planning Department, by December 14, 1998." 10. Fire Dispatch Aqreement re: Hook-ups It was resolved: "That Conrad Grebel College (Building #84, University of Waterloo) be permitted to hook-up to the Kitchener Fire Dispatch Centre for purposes of fire alarm monitoring provided that the City of Waterloo agrees to assume all liabilities and hold the City of Kitchener harmless in regard thereto; and further, That no further hook-ups be permitted from the City of Waterloo until the formal 'Fire Dispatch Agreement' is executed by the Cities of Kitchener and Waterloo." 11. Steerinq Committee re: De-requlation of Electrical Industry On motion by Mayor C. Zehr, it was resolved: "That the Chief Administrator be directed to commence discussion with affected City staff, officials of the Township of Wilmot and Kitchener-Wilmot Hydro relative to NOVEMBER 30, 1998 COUNCIL MINUTES - 567 - COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) CITY OF KITCHENER establishment of a Steering Committee that would draft terms of reference to deal with municipal impact resulting from de-regulation of the electrical industry."