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HomeMy WebLinkAboutCouncil Minutes - 1998-12-14COUNCIL\1998-12-14 DECEMBER 14, 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 47th Kitchener Girl Guides. Councillor J. Ziegler, on behalf of the Mayor and Members of City Council thanked the Choir for attending and singing their rendition of the National Anthem this date. Councillor J. Haalboom referred to page 554 of the November 30 Council minutes and advised that she had seconded the motion regarding Homer Watson Boulevard. On motion by Councillor J. Haalboom, seconded by Councillor T. Galloway, it was agreed to amend page 554 of the November 30 Council minutes to reflect that Councillor J. Haalboom seconded the resolution regarding Homer Watson Boulevard rather than Councillor G. Lorentz. On motion by Councillor J. Haalboom, the minutes of the regular meeting held November 30, 1998, as amended this date and the special meetings November 30 and December 7, 1998, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter dated December 2, 1998 from the Honourable Christine S. Stewart, Minister of the Environment, with regard to Council's resolution of November 16, 1998 supporting a reduction in the level of sulphur in gasoline to 30 ppm by the year 2005. (b) 1998 Annual Report of Kitchener Housing Inc. summarizing the activities of the Corporation and providing a financial overview. B. COMMUNICATIONS REFERRED TO COMMITTEE OF THE WHOLE - (a) Letter dated December 9, 1998 from R.W. Pritchard, General Manager of Corporate Services & City Clerk, relative to applications for cancellation, refund, reduction or levy of taxes. Mr. L. Gordon, Manager of Purchasing, was in attendance to answer any questions concerning the tenders listed on the Committee of the Whole agenda of this date. He also circulated a memorandum dated December 9, 1998 requesting that a recommendation concerning Tender T98-093 (Printing of Leisure Magazine) be added to the agenda for consideration with the other tenders. Mr. Bob Oberholtzer, Kennedy's Restaurant and Catering, St. Agatha, appeared as a delegation regarding proposal P 98-083 (Provision of Tourism Service). Mr. Oberholzer expressed concern that the proposal appears to freeze the townships and the private sector out of the tourism promotion being proposed. Further, he advised that there was current concern that the $30,000 research cost referred to in the tender might be duplicating the results of a $20,000 study already completed by Michael Follet Consulting. He also questioned if the Chamber of Commerce plans to hire additional staff to provide the service being contracted for. Mr. Oberholtzer stated that another concern was the location of the Chamber of Commerce office on Queen Street noting that the existing store front location of the Visitor & Convention Bureau on King Street East was being lost. Further, he questioned if any thought was being given to joining with Cambridge to develop a location with exposure to Highway 401. Mr. David Leis, Ms. Linda Benoit and Ms. Sandra Millar appeared as a delegation on behalf of the Chamber of Commerce with respect to the tourism proposal. Mr. Leis stressed that the Chamber was anxious to build on partnerships in the promotion of tourism services. In response to questions raised by Mr. Oberholtzer, Mr. Leis offered the following comments: the Chamber would like to involve areas outside of the Cities of Kitchener and Waterloo and capitalize on rural attractions, the Chamber feels that the issue of a store front type location to promote tourism needs to be assessed and confirmed in terms of its value, the research completed by Michael Follet Consulting will be considered with the intention of undertaking testing in that regard and the staffing issue to promote tourism will be dealt with in terms of evaluating synergy with existing Chamber of Commerce staff while providing only minimal additional staff. In this regard it was the Chamber's wish to provide a base line funding approach and reach out to industry for involvement and support. Councillor J. Haalboom questioned how it was intended to involve other areas of the Region and was DECEMBER 14, 1998 COUNCIL MINUTES - 571 - CITY OF KITCHENER advised by the delegation that this would be accomplished through the kinds of partnerships the Chamber of Commerce already has and through the other Chambers of Commerce in the Region. Councillor G. Lorentz questioned what kind of measures the Chamber would be utilizing to ensure service did not reflect the level of that provided by the Chamber a number of years ago when it had the responsibility for the function and was advised that it was the Chamber's intent to measure value of the service. Mr. Leis noted that in response to the question posed by Mr. Oberholtzer, the $30,000 expenditure would be building on data from the study authorized by the Visitor & Convention Bureau. In summary, Mayor C. Zehr commented that while the contract related to the Cities of Kitchener and Waterloo, it was hoped that it will be expanded to include outer rural areas and businesses. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That proposal P98-090, Electrical Service and Repair, be awarded to Kearsley Electric Limited, Kitchener; Harold Stecho Electric Limited, Waterloo and B.C. Electrical & Mechanical, Kitchener." - and - "That tender T98-097, Bus Tires, be awarded to Attersley Tire Service Limited, Cambridge, at their tendered price of $40,900., plus G.S.T. and P.S.T." - and - "That Council approve the use of the prequalification process to select General Contractors for the construction of Fire Hall #2, located at Lancaster Street and Guelph Street, and that the Purchasing Division be authorized to proceed with the process." - and - "That proposal P98-083, Provision of Tourism Services, be awarded to the Chamber of Commerce of Kitchener & Waterloo at a price of $198,000., plus a one time research cost of $30,000. The City of Kitchener portion would be $132,000. Based on a two third/one third split with the City of Waterloo, and further, that a multi-year contract of up to five years be negotiated with an annual review and, that the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor." -and- "That tender T98-093, Printing of Leisure Magazine, be awarded to Annex Publishing & Printing Inc., Tillsonburg, at their tendered price of $75,319.58 (Option I) and the Watersmart Book at their price of $1,944.23, plus G.S.T. and P.S.T." Carried. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That Councillor C. Weylie be appointed as the City of Kitchener's representative on the Advisory Committee of the tourism service of the Chamber of Commerce." Carried. At this point Mr. David Leis thanked all parties involved in the tourism service proposal and in particular Councillor C. Weylie, Ms. C. Oliver and Mr. L. Gordon. Dr. Martin Shelley was in attendance in support of the recommendation of the Committee of Adjustment respecting Submission No.S 12/98 listed as part of item B.8 on the Committee of the Whole agenda of this date. Councillor J. Haalboom stated that in her view the application did not represent a minor variance as she considers the sign to be huge and that she had hoped Dr. Shelley would offer to reduce the size of the requested sign. COUNCIL MINUTES DECEMBER 14, 1998 - 572 - CITY OF KITCHENER A motion by Councillor J. Haalboom, seconded by Councillor M. Yantzi that no action be taken on the recommendation of the Committee of Adjustment pertaining to approval of Submission No.S 12/98 was voted on and Lost. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of December 8, 1998, recommending approval of Submission No. S 12/98 - Tall Pines Centre Inc., - Be Ratified & Confirmed." Carried. Mr. P. Stanley was in attendance in support of the Committee of Adjustment recommendation respecting Submission No.S 13/98 listed as part of item B.8 of the Committee of the Whole agenda of this date. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of December 8, 1998, recommending approval of Submission No. S 13/98 - Mak Tung Enterprises Inc. - Be Ratified & Confirmed." Carried. Mrs. Hildegard Neumann, owner of 1 Queen Street North through 365259 Ontario Limited appeared as a delegation to oppose a by-law listed on the agenda for three readings this date. The proposed by-law would authorize the replacement of roofing, structural and other associated work at the expense of four properties being 1 Queen Street N, 4, 8-10 and 16 King Street East. She advised that the property was purchased in 1978 and that her roof has been fixed on four occasions since that date. Mrs. Neumann noted that the roofs of several properties in question drain on to each other and that in 1997 the City retained a consultant who finished a report in February, 1998. An attempt was made to bring the four property owners together to replace their roofs as one project; however, she stated that she had concern if the City did the work, it would cost an excessive amount of money and therefore requested that the property owners be allowed to proceed with roof repairs on a private basis. She also stated that the property was designated as a historic property and that there was no serious concern from a safety perspective. Accordingly, Mrs. Neumann requested that owners be granted additional time to complete the repairs. In response to Councillor M. Yantzi, she stated that there only a problem with half of the portion of her roof. Councillor Yantzi commented that the goal at this time was to get the work completed as soon as possible. In response to Mayor C. Zehr, Mr. J. Shivas advised that the problem has existed for a number of years and that a number of initiatives to find a solution have not been successful and consequently, a comprehensive approach involving all property owners was now proposed. Further discussion took place and Councillor C. Weylie stressed that the matter was not a new problem and was a very complicated one that needed to be addressed in a comprehensive way involving all of the properties. Councillor B. Vrbanovic questioned concern expressed by Mrs. Neumann that if the City was to undertake the work it would cost more than if the property owners did so and Mr. J. Gazzola advised that the actual job while administered by the City would be done by an outside contractor. Mr. J. Shivas noted that the bottom line was that over a number of years there was an inability on the part of the property owners to solve the problem as each is of the view that only a portion of their roof was involved. Ms. L. Kim appeared as a delegation and advised that she was the owner of 4 King Street E which was purchased three years ago. She stated that the property was inspected at the time of purchase and there was no problem and that the four apartments in the upper floors of her property did not have a problem. Accordingly, she questioned why the City was taking action against her in this regard. A discussion took place and Councillor B. Vrbanovic stated that he was hesitant to make a decision on this matter given that material facts on the part of the City were not before the Council at this time and suggested that the matter be deferred. Councillor M. Yantzi asked that the four by-laws at least be given COUNCIL MINUTES DECEMBER 14, 1998 - 573 - CITY OF KITCHENER first and second readings. Councillor J. Haalboom questioned what type of information Councillor Vrbanovic would like to have. He advised that he would like detailed background on why the roof replacement would cost more if the City was to do it rather than the property owners and more explanation of the inter-relationship of the four properties. Mrs. Neumann referred to a written report that she had and Mayor C. Zehr asked her to provide it to staff. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That the four by-laws listed on the agenda authorizing, under Chapter 665 of the Municipal Code, the replacement of roofing, structural and other associated work at the expense of the four property owners of 1 Queen Street N, 4, 8-10 and 16 King Street E, be introduced and given first and second readings this date." Carried. Moved by Councillor B. Vrbanovic Seconded by Councillor M. Yantzi "That we defer and refer third reading to a special Council meeting to be held on Friday, December 18 at 12 noon of the four by-laws under Chapter 665 of the Municipal Code that would authorize the replacement of roofing, structural and other associated work at the expense of the four property owners of 1 Queen Street N, 4, 8-10 and 16 King Street E; and further, That staff of the Department of Business and Planning Services provide a report and presentation in explanation of this matter at the special Council meeting." Carried. Mr. Sidney Marsden was in attendance in support of clause 6 of the Community Services Committee report of this date only to answer questions if any. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That clause 6 of the report of the Community Services Committee of this date be adopted." Carried. Ms. Elizabeth Wharton appeared as a delegation on behalf of the Westmount Environment Group, to make a presentation in support of her correspondence dated December 9, 1998 distributed with the Council agenda dealing with the proposed new Highway #7 between the Cities of Kitchener and Guelph. She referred Council members to her written submission and added additional remarks as part of her presentation. In this regard, she expressed concerns respecting environmental impacts, an inadequate public consultation process, the capital cost and ongoing annual operating costs of the new road. She stated that the route selected was based on feasibility studies first done in the 1970's and made reference to recent impacts and undertakings respecting the matter of air quality. Ms. Wharton referred to the findings of the Environmental Assessment report and suggested that there were other solutions to constructing a new road, one of which would be widening the rural section of the existing Highway #7. She emphasized that the concerns being expressed were overlapping and should not be looked at independently and then referred Council to the resolution passed by the City of Waterloo requesting a reconsideration of the highway proposal. Councillor John Smola referred to the major problems that Kitchener is experiencing as a result of the lack of a bridge over the Grand River that would serve the Bridgeport area of Kitchener and questioned if the City of Waterloo would be willing to freeze development as a partial solution to the entire question of access. Councillor J. Haalboom commented that substantial subdivision growth in the City of Waterloo has already affected the environment and questioned what the delegation would suggest to alleviate traffic congestion. Ms. Wharton responded that their request was to have the proposal re-thought and COUNCIL MINUTES DECEMBER 14, 1998 - 574 - CITY OF KITCHENER suggested that traffic experts could come up with a better plan than what was being advanced. Councillor T. Galloway pointed out that Chris Gosslin, Region of Waterloo, has expressed concerns respecting the impacts of the highway on some of the wetland areas but commented that he has not heard of any adverse concern expressed by the Region on the hydrology aspect of the Region's water resources. Further comments were made by members of Council after which Councillor John Smola noted that the Environmental Assessment process started in 1989 and the alignment was finalized in 1994/95 following which some revisions were made with respect to intersections. Dr. Jordan Golubov appeared as a delegation on behalf of the Waterloo Citizens Green Committee to make a presentation regarding the proposed new Highway #7 location between Kitchener and Guelph. He stated that the proposal has serious environmental impacts and questioned whether these impacts were properly assessed, pointing out that significant wetlands, woodlands, etc. that maintain bio-diversity would be affected by the highway location. He stressed that vision was required with respect to this project so as to maintain our natural heritage and stated that the impacts of the proposed highway location have not been adequately assessed since the road alignment crosses areas that will be damaged. He noted that the Environmental Assessment review does not acknowledge concerns expressed by the G.R.C.A. At this point he illustrated the road alignment easterly from Kitchener to Guelph pointing out a significant number of impacts on environmentally sensitive wetland areas with the result that there would be much fragmentation of these sensitive areas. In response to Councillor J. Ziegler, Dr. Golubov indicated that they will be making a similar presentation to the Region of Waterloo. Dr. Golubov asked that Council consider passing a motion similar to that of the City of Waterloo given that many of the environmental components of the highway proposal have not been adequately addressed. Mr. Michael Parkinson also appeared as a delegation regarding the new Highway #7 proposal which he stated was an idea that originated in the 1960's and was further developed in the early 1970's. He noted that the opportunity for comments has not passed, even though the formal deadline has already passed. He advised that businesses surveyed on Victoria Street East opposed the project and that the project itself negatively impacts residents living on Wellington Street. Mr. Parkinson pointed out that his group had taken traffic counts on existing Highway #7 and had never found vehicular counts to be as high as the figures provided by the Ministry of Transportation. It was his view that the process in place to consider the highway proposal has failed even though the area has many features of environmental significance. Further, he stressed that many agencies have expressed concerns relative to the highway proposal. In conclusion, he stated that the Environmental Assessment report was never an objective appraisal, that transportation demand management was not addressed, that there was an extreme impact on the proposed road location, that the public meeting process undertaken was poor and also was done several years ago, and that the question must be asked as to whether or not the expenditure to build the road and operate it annually was the best use of tax dollars. Mr. Parkinson indicated that it was their hope the City could ask the Ministry of Transportation not to make a decision on the location of new Highway #7 until some of the issues raised by the delegations this date have been reviewed. Councillor John Smola referred to area of Bridgeport situate on the east side of the Grand River and the serious concern that exists respecting the provision of fire service. Mr. Parkinson advised that the area referred to was not surveyed like the businesses on Victoria Street North and that it was the opinion of his group that it was not necessary to build a new highway in order to provide a bridge structure across the Grand River that would deal with the access problems in that part of the City. A general discussion of the concerns expressed by the delegations with respect to the Highway #7 issue then took place. Councillor Jake Smola suggested that matter be referred to the Environmental Committee for consideration with an invitation being extended to Regional staff to make a presentation regarding the matter. Councillor G. Lorentz stated that the point that the delegations were making was that time was of the essence and that we should be asking the Ministry of Transportation to take a second look at the concerns being expressed and the alignment options of the roadway. Councillor T. Galloway also questioned how imminent decision was on the matter and suggested that a Standing Committee should review all the elements of the proposal as the Environmental Committee could not comment on planning and transportation related components. Councillor Jake Smola noted that the Environmental Committee has been making comment on environmental assessments and he wished to raise a number of questions with respect to the report that has been done. Councillor J. Haalboom agreed that time was of the essence to deal with this matter. Councillor John Smola noted that the delegation had stated that the Ministry was still accepting comments regarding the highway proposal and suggested that the City DECEMBER 14, 1998 COUNCIL MINUTES - 575 - CITY OF KITCHENER inform the Ministry that the Environmental Committee was going to review the matter because of the information provided by the delegations this date. Councillor B. Vrbanovic recommended that the Ministry be asked not to make a decision pending review by the Environmental Committee. Councillor C. Weylie noted that Regional EEAC meets on Tuesday and she would raise the issue with that body. A motion by Councillor Jake Smola, seconded by Councillor M. Yantzi to refer the new Highway #7 issue to the Environmental Committee for review was amended on motion by Councillor J. Ziegler, seconded by Councillor G. Lorentz to provide that the Ministry of Transportation be advised that Kitchener endorses the resolution passed by the City of Waterloo pertaining to the proposed new Highway #7 and that the Environment Committee review concerns relating only to the Kitchener section of the new highway. The amendment was put to a vote and Carried. The motion of Councillor Jake Smola, as amended, was then put to a vote and It was resolved: "That the Honourable Tony Clement, Minister of Transportation be advised that the City of Kitchener endorses the resolution passed by the City of Waterloo pertaining to the proposed New Highway No. 7 between Kitchener and Guelph which requests that the proposed location be reconsidered and that an alternative, less damaging to the natural environment and heritage systems be considered by the Ministry; and further, That specific concerns relating only to the section of the new Highway within Kitchener be referred to the City's Environmental Committee for review and an invitation be extended to staff of the MTO and the Region of Waterloo to attend and address issues that arise during the Committee discussion; and further, That a copy of this resolution be sent to: Elizabeth Witmer MPP, Waterloo Gary Leadston MPP, Kitchener-Wilmot Wayne Wettlaufer MPP, Kitchener Brenda Elliott MPP, Guelph" At the November 30, 1998 Council meeting, Councillor Jake Smola gave notice that he would introduce a motion at the meeting this date regarding the airport expansion. He advised that he has been working with the Lackner Woods Residents Association and at this time Councillor Jake Smola introduced a motion, seconded by Councillor B. Vrbanovic, a copy of which was previously circulated to Members of Council. He indicated that the restricted hours of operation referred to in his written motion should be 8 p.m. to 8 a.m. rather than 10 p.m. to 8 a.m. Councillor J. Ziegler also circulated correspondence dated December 14 to Members of Council in this regard and requested that item 5 of his letter be included in the motion of Councillor Jake Smola. Councillor Ziegler noted that the Airport Advisory Committee had received three letters which he briefly summarized dealing with airport operations. Councillor J. Ziegler then introduced a motion, seconded bl Councillor K. Taylor-Harrison to add item 5 of his letter to Councillor Jake Smola's motion after the 5 paragraph. Mr. Paul Grespan, McCarter Grespan Robson, Solicitors, appeared as a delegation on behalf of Hallman- Brierdale, Northlake Homes and Teakwell Developments and advised that his clients are in favour of the recommendation introduced by Councillor Jake Smola. He made reference to the history of the airport and its evolving role as a Regional airport based on incremental improvements that have taken place. He referred to Regional Council's consideration of the airport expansion and Regional staff's recommendation to protect one option, being the east/west runway. He suggested that what was missing was an independent analysis and an official plan and environmental assessment review process. Accordingly, he requested that Council ensure the appropriate review processes were put in place. The amendment of Councillor J. Ziegler to include item 5 in his letter within Councillor Jake Smola's motion was then put to a vote and Carried. Councillor B. Vrbanovic introduced an amendment, seconded by Councillor T. Galloway to establish the hourly restriction between the hours of 10 p.m. and 8 a.m. rather than 8 p.m. and 8 a.m. in the motion of Councillor Jake Smola. The amendment was put to a vote and Carried. COUNCIL MINUTES DECEMBER 14, 1998 - 576 - CITY OF KITCHENER The original motion of Councillor Jake Smola as amended was then discussed. Councillor T. Galloway noted that he agreed with the general intent but stressed that there must be an opportunity to receive answers to specific questions regarding the future of the airport. Councillor J. Ziegler referred to the issue of process and advised that there has not been any official public debate at this point in time. He also referred to the fact that any changes to the airport development plans would invite consequential changes to the R.R.O.P. The motion of Councillor Jake Smola, seconded by Councillor B. Vrbanovic as amended, was then put to a vote and It was resolved: "That the Council of the City of Kitchener voice its concern to the Regional Municipality of Waterloo and the manager of the Waterloo Regional Airport in regards to the current operations of the Waterloo Regional Airport resulting in Iow altitude flights over the residential areas on the east side of the City of Kitchener, and further, That the role of the Airport should be examined in the context of an amendment to the R.O.P.P. to ensure the merits of expanding the Airport and surrounding land use are publicly debated before expansion occurs; and further, That the manager of the Waterloo Regional Airport be requested to examine a range of management options that would restrict aircraft from landing on runway 07 and taking off on runway 25 between the hours of 10:00 p.m. & 8:00 a.m. except for medical emergencies; and further, That set fines and penalties be imposed if the above restriction is not adhered to; and further, That there be a prohibition of any course of action, including an east west runway expansion, that will increase aircraft noise levels in Kitchener during daytime and nighttime; and further, That the Region of Waterloo should protect the other runway expansion alternatives, including the alternative to relocate the airport (which may be no more costly than building a new runway, until we study it, this is an unknown) or a proper analysis (ROPP amendment) must be done now before the alternatives are narrowed. If we do not do the analysis now or protect the alternatives for future analysis, we have in effect predetermined future expansion over Kitchener; and further, That a full Environmental Assessment of all the proposed development options including relocation take place before consideration to expand the current airport configuration, including a noise impact analysis and a noise survey on existing and newly proposed development in Grand River South and the east side of Kitchener; and further, That the manager of the Waterloo Regional Airport identify and implement operational measures to provide noise abatement, based on a community standard, (set by the Airport manager, Waterloo Regional Health Dept. and the City of Kitchener) for daytime flights and that monitoring devices be installed at specified locations and employed to ensure that noise abatement measures occur and are enforced, and fines and penalties be imposed for any violations; and further, That we ask the Waterloo Regional Health Department to comment on the health affects of the current noise exposure created by aircraft flying over residential subdivisions and its relationship to hearing loss, stress and sleep deprivation; and further, That current landing fees be reviewed and be increased to reflect a fee closer to London and Hamilton Airports; and further, That the Waterloo Regional Airport Business Plan Process consider actions that will minimize noise impacts on the City of Kitchener; and further, That this resolution be circulated to the Airport Advisory Committee and Members of Waterloo Regional Council." DECEMBER 14, 1998 COUNCIL MINUTES - 577 - CITY OF KITCHENER Moved by Councillor B. Vrbanovic Seconded by Councillor Jake Smola "That the Region of Waterloo have regard to the issue of night time takeoff and landings at the Waterloo Regional Airport when it deals with the airline passenger service request currently being proposed." Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the report of the Community Services Committee of this date be adopted." Moved by Councillor J. Ziegler Carried. Voted on clause by clause. Clause 6 - Dealt with under delegations and Carried. Balance of report - Carried. The report was then put to a vote. Seconded by Councillor K. Taylor-Harrison "That the report of the Finance and Administration Committee of this date be adopted." Councillor J. Ziegler referring to clause 7 of the report stated that he thought the Committee had called for a public input process as part of the resolution. A friendly amendment moved by Councillor J. Ziegler, seconded by Councillor K. Taylor-Harrison was accepted in this regard. Councillor J. Haalboom questioned the wording of the Reserve Account referred to in clause 9 of the report and what exactly was meant by Expansion Reserve. Mr. J. Gazzola advised that it was expected that within ten years Council would have to expand its maintenance facilities. A friendly amendment moved by Councillor J. Haalboom, seconded by Councillor G. Lorentz to delete reference to the word "Expansion" was agreed to in clause 9. Voted on clause by clause. Clauses 7 & 9 - Carried, as amended. Balance of report - Carried. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the report of the Public Works and Transportation Committee of this date be adopted." "That the report of the Planning and Economic Development Committee of Council of this date be adopted." DECEMBER 14, 1998 COUNCIL MINUTES - 578 - CITY OF KITCHENER In reference to the discussion of additional parking spaces that took place at the Committee meeting and clause 8 of the report, Councillor B. Vrbanovic suggested that consideration be given to utilizing parking currently available in the area around the Victoria Park Pavilion and possibly instituting a shuttle service. Councillor J. Haalboom stated that she was opposed to clause 8 as it was her view businesses and landlords in the downtown have an obligation to provide parking for their staff and that the City should be encouraging and promoting transit use rather than parking. In response to Councillor T. Galloway, Mayor C. Zehr advised that the matter of a downtown bus pass was being considered as part of ongoing discussions. The report was then put to a vote. Voted on clause by clause. Clause 8 - Carried. Balance of report - Carried. Moved by Councillor Jake Smola Seconded by Councillor T. Galloway "That the report of the Environmental Committee of this date be adopted." Carried. Councillor J. Haalboom referred members of Council to a nomination form that was circulated for the Mike Wagner Heritage Award. She advised that the deadline for completion of the form was December 24 and asked for input from Council. At the request of Mr. R.W. Pritchard, Council agreed to the addition of two by-laws to the agenda for three readings this date dealing with amendments to Chapters 380 and 375 of the Municipal Code, both of which deal with tariff of fees. It was noted that four by-laws listed on the agenda for third reading had been deferred and referred to the special Council meeting to be held December 18. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Block 54, Plan 58M-82 - Autumn Ridge Trail (b) To further amend By-law 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (c) To further amend By-law 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (d) To further amend By-law 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 (e) 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 (f) 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 (g) 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 DECEMBER 14, 1998 COUNCIL MINUTES - 579 - CITY OF KITCHENER (h) (i) (J) 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 Being a by-law to provide for the establishing and laying out of part of Autumn Ridge Trail as a public highway in the City of Kitchener Being a by-law to define the St. Mary's Area as an area of the municipality to be examined for future designation as a Heritage Conservation District (k) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 1 Queen Street N, Kitchener (i) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 4 King Street E, Kitchener (m) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 8-10 King Street E, Kitchener (n) Being a by-law to authorize the carrying out of the provisions of Chapter 665 of the City of Kitchener Municipal Code with respect to the property municipally known as 16 King Street E, Kitchener (o) To confirm all actions and proceedings of the Council (P) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters (q) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Committee of Adjustment 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 J. Haalboom as Chair. On motion, the Council rose from the Committee of the Whole and Mayor C. Zehr occupied the Chair. Moved by Councillor J. Haalboom Seconded by Councillor G. Lorentz "That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed." Carried. Moved by Councillor T. Galloway Seconded by Councillor C. Weylie "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt certain lots from Part Lot Control - Block 54, Plan 58M-82 - Autumn Ridge Trail (By-law No. 98-197) DECEMBER 14, 1998 COUNCIL MINUTES - 580 - CITY OF KITCHENER (b) (c) (d) (e) (f) (g) (h) (i) (J) (k) (m) To further amend By-law 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 98-198) To further amend By-law 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 98-199) To further amend By-law 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. 98-200) 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. 98-201) 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. 98-202) 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. 98-203) 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. 98-204) Being a by-law to provide for the establishing and laying out of part of Autumn Ridge Trail as a public highway in the City of Kitchener (By-law No. 98-205) Being a by-law to define the St. Mary's Area as an area of the municipality to be examined for future designation as a Heritage Conservation District (By-law No. 98-206) To confirm all actions and proceedings of the Council (By-law No. 98-207) Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect to Tariff of Fees - Planning Matters (By-law No. 98-208) Being a by-law to amend Chapter 375 of the City of Kitchener Municipal Code with respect to Tariff of Fees Committee of Adjustment (By-law No. 98-209) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. DECEMBER 14, 1998 COUNCIL MINUTES - 581 - CITY OF KITCHENER On motion, the meeting adjourned. MAYOR CLERK DECEMBER 14, 1998 COUNCIL MINUTES - 581 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 1. A. That Policy Nos. 1-59 and 1-67 from City Council's Policy Manual be rescinded and be replaced by the Terms of Reference for the new Economic Development Advisory Committee attached as Appendix 'A' to Staff Report BPS 98-144 and outlined below: APPENDIX 'A' ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TERMS OF REFERENCE 1.0 Purpose and Scope The primary purpose of the Economic Development Advisory Committee is to guide and advise Council and the Economic Development function of the City of Kitchener in the development and on-going implementation of economic development, strategic planning. This Committee may report directly to Council or to the Planning and Economic Development Committee. 2.0 Membership & Organization a) Mayor Ex Officio Two (2) Members of City Council One (1) Representative from each of the following Business Sectors: High Tech Marketing Downtown Retail Business Consultant Industry Major Retail (Outside of Downtown) Manufacturing Financial (Banking) Downtown Office Owner Convention/Tourism Industry Housing Development (single-family & multiple housing projects) Two (2) Representatives from ICI Realtors b) Members will serve for an initial term of two (2) years with Committee membership being extended to a term of three (3) years starting in 2001, following the inauguration of each new Council. c) The Committee shall, from amongst its members, annually choose a Committee Chairperson and a Vice-Chairperson, of which neither can be a member of Council. d) Minutes will be kept of each meeting with secretarial services provided by the Executive Assistant to the General Manager of Business and Planning Services. Minutes will be regularly distributed to all of Council and Management Committee members. e) Meetings will be held monthly, as required, and with any special additional meetings called by the Committee Chair. f) Quorum shall consist of seven (7) committee members. g) Members of the committee shall be required to attend a minimum of 9 meetings per year or 75% of yearly meetings. If a member does not meet this requirement, the committee has the right to abdicate the member's right to sit on this committee. The Committee representatives may choose to form a sub-committee to act as a resource to the Committee to address specific issues. This sub-committee shall be approved by the Committee prior to its formation. COUNCIL MINUTES DECEMBER 14, 1998 - 582 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D) - 1. A. Cont'd 3.0 Responsibilities a) To guide and advise Council and staff in the development and implementation of an economic development strategic plan, including both long-term and short-term objectives. To identify emerging economic conditions/new trends/niche markets that will assist in shaping the strategic plan for both the Economic Development Division and the Department of Business and Planning Services. To act as a sounding board in analyzing pros and cons of proposed City actions on both new policy matters and specific applications, assisting in issue resolution and advocate for innovation and change in the way we conduct our business and relate to the business community. To recommend changes to the City's policies and procedures in order to continue to improve the economic development climate. To act as a resource, available to assist City staff in hosting incoming missions/dignitaries as well as provide a positive emissary/ambassador role in the business community, local and outside the City. To advise on the effectiveness of business facilitation program. To monitor and maintain the effectiveness of the City's Adaptive Reuse Program and recommend to Council new initiatives/policies for adaptive reuse in consideration of existing infrastructure and existing inventory of buildings and how new trends will impact on these. To review and comment on the City's Capital and Operating Budgets, during the Budget review process, including that of the Economic Development function. To guide and advise the Economic Development Division in its annual work program; allocation of resources and prioritization of initiatives. To advise and guide the Economic Development Division in its marketing plan and initiatives (i.e. trade shows, web page, newsletters, events, market research information, publications, best practices from across North America, etc.). To assist and advise Council and the Economic Development Division with economic partnerships such as: Cebu, CTT Corporation, Chamber of Commerce, Business Enterprise Centre, other municipalities, and the Province. To propose programs for the enhancement of the image of the community and the development of other amenities and services related to economic development. That the City Clerk be instructed to advertise for applicants for this new Committee, with an application deadline of January 8, 1999. That all applications in response to this ad, together with applications previously made in November, 1998, for the previous BIAC and ARC Committees, be forwarded to a Nominating Committee composed of Councillors C. Weylie and M.Yantzi, Tim McCabe, Sybil Frenette and Jane Jantzi, for consideration and a report on recommended COUNCIL MINUTES DECEMBER 14, 1998 - 583 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL nominations to Council Caucus for its January 25, 1999 meeting. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D) - That Council accept the recommendations contained in the Inner City Housing Market Study Final Report, dated July 1998, which are outlined hereunder: Understanding the Market for Inner City Housing Make the findings of the Inner City Housing Market Study available to the members of the housing and real estate industries to provide them with information about market demand for inner city housing and the niche markets within the marketplace, namely the identified housing markets of seniors moving down to apartments, the 45-64 year age cohort moving to condominiums, students, young professionals, the renovation market, and the historic home market. Continue to deliver land use policy and regulations which create a variety of housing types and housing prices in the central city area. Develop a relationship with the student housing offices at the University of Waterloo and Wilfrid Laurier University so that graduate and married students may be directed to housing opportunities in central Kitchener. Monitor the availability of affordable rental housing, waiting lists, and supply programs to determine if there are housing shortages and gaps between need and demand. Bring any housing affordability issues to the attention of the level of government responsible for housing assistance. Target specific under-utilized warehouse, industrial, and commercial buildings for conversion to residential use and promote their reuse as residential properties through information, education and marketing materials. Continue to promote heritage protection through awards programs, the establishment of heritage districts, and the advertisement of the benefits of heritage designation. Work with community groups, churches, and non-profit organizations to develop a strategy to provide affordable housing. Providing Housing Information Work with the Real Estate Board, its members and make opportunities to inform the public of the benefits of Secondary Plans in stabilizing neighbourhoods, making redevelopment predictable and conserving the existing housing stock. Distribute the Developer's package to developers, planning consultants, and realtors so that they are aware of the land that is available for housing development and the trends and practices of the City which encourage the development of these sites. Develop a multi media CD-ROM presentation of targeted housing sites similar to that prepared for the City's Adaptive Reuse properties. Information will identify the properties and owners and illustrate the type of development the City would encourage based upon the site, its context in the neighbourhood and market trends. Establish the Downtown Development and Market Research section of the Economic Development Division of the Department of Business and Planning Services as the resource centre for all housing information. DECEMBER 14, 1998 COUNCIL MINUTES - 584 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER Use the City's Web page on the Internet as a source of housing information. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (CONT'D) - 2. Cont'd Making Downtown Development Attractive Investigate the creation of a Community Economic Development Corporation which would acquire problem, derelict properties and sell or lease the properties using a call for proposals technique to attract housing development consistent with municipal objectives. To give an edge to inner city housing development, the City should investigate establishing incentives, including free building permits, tax rebates, and feasibility studies, to encourage housing development in the neighbourhoods adjacent to the Downtown through the amendment or creation of Community Improvement Plans. Marketing the Inner City Immediately develop and implement a Downtown housing marketing strategy which targets the identified niche markets and provides information about the incentives to build in the inner city. In conjunction with the Kitchener-Waterloo Renovators Association, the K-W Homebuilders Association, the K-W Real Estate Board, and Heritage Kitchener, develop an annual "tour of homes" to publicize the beauty and uniqueness of the fine older homes in the central city. Develop marketing materials that present the unique downtown neighbourhoods, their qualities and amenities, festivals, events, associations, and attractiveness as a place to live. Make these materials available to realtors and companies relocating their employees to Kitchener. Market housing development through the Economic Development Division. Building upon the Advantages of Inner City Living Work with developers, architects, and consultants to ensure new developments, renovations, and conversions conform to the urban design guidelines so as to blend in and complement the rich qualities of existing residential neighbourhoods. Build upon the acknowledged aesthetic appeal of inner city boulevard planting and front yard trees by promoting tree replacement, planting and preservation through the City's tree planting program. Improvements to Support the Residential Environment Expand the availability of food products in the Downtown by recruiting a neighbourhood scale grocery store, promoting the East Market District as a location for European style shopping (with speciality cheese, meat, bakery and fish stores, ethnic food groceries and cafes), and encouraging business associated with the Farmer's Market to set up permanent facilities in storefronts near the Market. Work with the Safe City Committee, Downtown merchants, the KDBA and the Police to develop a program of downtown ambassadors to provide a safe, clean, and customer friendly atmosphere in the retail strip on King Street. COUNCIL MINUTES DECEMBER 14, 1998 - 585 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Continue to attract white collar office employees through aggressive business recruitment practices using downtown incentives and working with the commercial realtors to fill existing office space and convert under-utilized commercial space to office use. And further, that Council receive for information the background report, Inner City Housing Market Study (brown cover), dated July 1998. COMMUNITY SERVICES COMMITTEE - That we approve a grant in the amount of $750.00, in 1998 - 99, for the School Council of Forest Hill Public School to assist with the construction of a new creative playground facility for the school, in accordance with the City of Kitchener policy governing playground equipment grants for school and community groups. That we approve a one-time, cash grant in the amount of $5,000.00, for the 1999 Midget Boys Canadian Fastpitch Championship tournament to take place from August 8 - 15, 1999, at the Blockline Sportsfields. That Council formalize a Millennium Steering Committee to develop and co-ordinate the activities that the City would like to encourage and support as millennium projects, and further, That staff develop a budget proposal that would take into consideration staff assistance needed to co-ordinate project development, in conjunction with the Steering Committee, including overall fundraising, and further, That Councillor J. Haalboom and Councillor B. Vrbanovic be appointed to sit on the Millennium Steering Committee. That staff be directed to proceed with the hiring process for a "Cemetery Sales Associate" on a contract basis, as outlined in the position description and remuneration report attached to the report of Mr. G. Kett, Division Manager, Cemeteries/Golf Courses, dated December 2, 1998, and considered by the Community Services Committee on December 7, 1998, and further, That the initial contract be for a duration of 2 years, with either party able to terminate the contract with 30 days notice. That we approve a one-time, in-kind facility rental grant for the Kitchener Oktoberfest Lions Club Inc., in the amount of $2,065.35 for their first beer, wine and fine food sampling event, to take place on February 20, 1999. 6. That the following implementation plan for the Kitchener Golf Courses be approved: That the following take place in 1999: (a) That the status quo continue for existing members in both Plans A & B, and further, (b) That new members be added only in the Junior category, and further, (c) That the percentage of prime time green fee times change proportionally to the attrition rate of existing members, and further, (d) That a new multi-pass discount program be implemented at both facilities, and further, (e) That the number, frequency and fee structure of "committee" events be reviewed by staff and member committee representatives; with new guidelines to be developed which will address the major issues, and further, (f) That other recommendations from the Moote von Bloedau Operations Review be reviewed further as part of the Municipal Golf Unit's Business Plan, and further, COUNCIL MINUTES DECEMBER 14, 1998 - 586 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the following take place in 2000 and beyond: (g) That existing Plan B members identify and play all games at home course, and further, (h) That Plan A memberships have decreasing game "caps" imposed over a 3 year period and phased in fee increases, until the cost per game is in line with the cost per game of Plan B memberships, and further, COMMUNITY SERVICES COMMITTEE (CONT'D) - 6. Cont'd (i) That play for Plan B members in either the 5 day or 7 day category remain unlimited, and the present practice of a base fee plus 50% of the applicable daily green fee continue to apply, and further, (J) That the existing family discount be reduced to 10% and not be combined with continuing senior discounts, and further, (k) That new members be added only in the Junior category, and further, That the percentage of "preferred prime tee times" continue to be modified in favour of open access as attrition of full 7-day members continues, and further, (m) That Fridays from 12:00 p.m. will be considered prime time, and further, (n) That the development and implementation of new "Players Associations" commence at each course. (Dealt with under delegations and Carried) That the Annual Operating Grants for 1999 be set at a 0% increase over 1998, save and except the following: (a) That the 1999 Operating Grant for the House of Friendship be approved at $16,670.00, and further, (b) That the 1999 Operating Grant for Artworks be approved at $4,000.00, and further, (c) That consideration of the 1999 Operating Grant for the Kitchener Horticultural Society be deferred pending further negotiations, and further, (d) That the Waterloo Regional Arts Council appear before a future Community Services Committee meeting to outline their program for 1999 before an annual operating grant is approved, and further, That the organizations applying for 1999 Annual Operating Grants be notified by staff of their 1999 annual grant allocation, and if any of the groups wish to appear at a future Community Services Committee meeting, they notify the Department of Parks and Recreation. That no action be taken on the request of the Aids Committee of Cambridge, Kitchener, Waterloo & Area for an in-kind grant in the amount of $1,446.67 for their annual art auction and buffet dinner. That the Mayor and Clerk be authorized to sign agreements with Marmo Travel Club Inc. and Lutherwood Coda representing 55 Plus, to provide for space and program delivery at Rockway Centre, with such agreements to be satisfactory to the City Solicitor. COUNCIL MINUTES DECEMBER 14, 1998 - 587 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 10. That we approve the list of neighbourhood associations and minor sports groups to be covered by City of Kitchener insurance, as attached to the report of Mr. R. Arnot, Assistant General Manager, dated December 2, 1998, and considered by the Community Services Committee on December 7, 1998. FINANCE AND ADMINISTRATION COMMITTEE - That the following location criteria will be taken into consideration during Council's review of applications for grant of licences under Sections 505.2.14 and 505.2.15 of Chapter 505 (Adult Entertainment Parlour) of the City's Municipal Code: FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) - 1. Cont'd a) The establishment shall be located on lands zoned C6; b) The establishment shall not be located within 100 meters of the premises of an existing school, including an institutional day-care facility; c) The establishment shall not be located within 100 meters of the premises of an existing religious institution; d) The lands upon which the establishment is located shall not face any part of the premises of any existing residence across the street; e) The side property line of the lands upon which the establishment is located shall not abut the premises of any existing residence; f) The rear property line of the lands upon which the establishment is located may abut the premises on an existing residence; g) The establishment shall not have a total floor space greater than 125 square meters; h) The lands upon which the establishment is located shall not include an existing residence. That the Legal Department prepare an amendment to Chapter 584 (Refreshment Places) to provide a licensing fee schedule as outlined in the report of J. Koppeser dated December 2, 1998; and to include the following changes in regard to 1999 Places of Refreshment licences: a) Applicants making an initial application for licence will pay a fee of $50.00; b) Licencees applying for renewal of a licence prior to March 15 will pay a fee of $50.00; c) Licencees applying for renewal of a licence after March 15 will pay a fee of $150.00. That the 1999 fees for the Business and Planning Services Department be approved as outlined in the comparison chart appended to the December 7, 1998 Finance and Administration Committee minutes; and further, That the Tariff of Fees By-law be amended accordingly. That the 1999 fees and charges relative to the Doon and Rockway Golf Courses be approved as outlined in the fee schedule appended to the December 7, 1998 minutes of the Finance and Administration Committee. That the 1999 fees for the Parks and Recreation Department, excluding the golf course enterprise and cemetery fees which were dealt with by City Council on November 30, 1998, be approved as outlined in the Comprehensive Fee Review document dated November 30, 1998. COUNCIL MINUTES DECEMBER 14, 1998 - 588 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the 1999 fees for the Public Works and Transportation Department, including Transit be approved as outlined in the Comprehensive Fee Review document dated November 30, 1998. That the 1999 fees for the Finance and Fire Departments be approved as outlined in the Comprehensive Fee Review document dated November 30, 1998; and, That the 1999 fees for the Corporate Services and City Clerk's Department be approved as outlined in the Comprehensive Fee Review document dated November 30, 1998 with the following changes to reflect a contribution to the Mediation Trust Fund: Consent applications - $343.00; combined Consent and Minor Variance applications - $629.00 for the first lot and $315.00 for each additional lot thereafter; and, FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) - 7. (Cont'd) That the existing fees for the Legal Department be as outlined in the Departmental Fee Review document dated November 30, 1998, with consideration of all proposed new fees deferred for possible implementation on July 1, 1999, and that prior to any final decision on implementing such new fees, staff undertake a public process to receive input and discuss fees with the affected parties and report on the outcome; and further, That the relevant by-laws in respect to the above be either drafted or amended as required. (As Amended) That the Secretary-Treasurer for the Committee of Adjustment prepare a report for the Finance and Administration Committee concerning the changes recently imposed by the Province regarding the Committee of Adjustment notification process and the related increase in circulation costs in order for Council to consider a possible response to the Province; and further, That said report also address the feasibility of eliminating the requirement for a minor variance, in cases such as fences and for other minor structures, where is has been demonstrated that these are being routinely approved without modification or significant discussion with neighbouring property owners. That the proceeds from the sale of the Maple Street facility totaling $950,000.00 be allocated to the Future Maintenance Facility Reserve. (As Amended) 10. That Council approve an application under the Downtown Financial Incentive Program from Mak Tung Enterprises Inc. for a grant-in-lieu of Committee of Adjustment fee in the amount of $240.00 in respect to new signage at 301 King Street East. 11. That Council approve an application under the Downtown Financial Incentives Program from the law firm of Deutschmann and Kelly for a feasibility study grant in the amount of $1,500.00 to conduct environmental and feasibility investigations at 150 Duke Street West. 12. That a maximum of five food vendors be permitted to locate on King Street adjacent to Civic Square during the Festival of the Night celebration on December 31, 1998, and that the reduced fee of $10.00 be applicable; and further, That permission be granted to the Family Awareness Centre to operate a free bingo in conjunction with this event, and that permission also be granted for a theatrical effects show, with all of the above subject to meeting all related requirements, including but not limited to: health and fire regulations; insurance coverage; regulations for pyrotechnics (including submission of certification, if required); and, satisfactory arrangements being made with the Risk Manager. COUNCIL MINUTES DECEMBER 14, 1998 - 589 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That inflow/infiltration reduction continue to be a major consideration in rating sewers for reconstruction or rehabilitation under our Capital Program, and further, That inflow/infiltration reduction programs be considered for inclusion in the Capital Budget, if required, upon completion of the Integrated Infrastructure Management System (IIMS) implementation, and further, That the Regional Municipality of Waterloo be approached for additional study funding should major areas of inflow/infiltration be identified in future. 2. That an all-way stop be installed at the intersection of Old Country Drive and Strasburg Road, and further, PUBLIC WORKS AND TRANSPORTATION COMMITTEE (CONT'D) - 2. (Cont'd) That the Uniform Traffic By-law be amended accordingly. That on Ontario Street, between King Street West and Duke Street, the existing 2 hour parking limit from 8:00 a.m. to 12:00 midnight be replaced with a 30 minute time limit from 8:00 a.m. to 12:00 midnight, and further, That the Uniform Traffic By-law be amended accordingly. That on Gaukel Street, between Charles Street and Joseph Street, the existing 2 hour parking limit from 8:00 a.m. to 12:00 midnight be replaced with a 15 minute loading/unloading zone, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the east side of Chandler Drive, from Elmsdale Drive to a point 25 metres north thereof, and further, That the Uniform Traffic By-law be amended accordingly. That an all-way stop be installed at the intersection of Franklin Street and Wilson Avenue, and further, That the Uniform Traffic by-law be amended accordingly. That the existing 8:00 a.m. to 6:00 p.m., Monday to Friday, parking prohibition on the east side of Betzner Avenue, from King Street East to Duke Street, be reduced to a 9:00 a.m. to 4:00 p.m., Monday to Friday, parking prohibition, and further, That the Uniform Traffic By-law be amended accordingly. That funds in the amount of $55,000.00 in the 1998 Capital Budget be reallocated for the expansion of Lot 3 (Charles and Water Streets) to provide an additional 42 parking spaces, and further, That the monthly parking rate in Lot 3 be increased to $40.00 per month, effective January 1, 1999, and further, That the City continue to pursue a lease for a 40 space surface parking lot to increase the supply of long term parking, subject to the satisfaction of the City Solicitor, and further, DECEMBER 14, 1998 COUNCIL MINUTES - 590 - REPORTS ADOPTED BY COUNCIL CITY OF KITCHENER 10. That the parking demand/traffic impact analysis study, included in the 1998 Capital Budget, be expanded to include the west end of the Downtown. That a School Bus Loading Zone be established on the south side of Natchez Road, 107 metres east of Carson Drive to a point 13 metres east thereof, and further, That the Uniform Traffic By-law be amended accordingly. That the City of Kitchener waive its normal procedure for the selection of consultants and retain Stantec Consulting Ltd., (formerly Paragon Engineering/Stanley Consulting Group), as our engineering consultant to undertake the design and contract administration for the Bridgeport North Community, Melitzer Creek Sanitary Sewage Pumping Station and Forcemain. ENVIRONMENTAL COMMITTEE - That Councillor Jake Smola be appointed Chair of the Environmental Committee for a term to expire November 30, 1999. That Councillor Tom Galloway be appointed Vice-Chair of the Environmental Committee for a term to expire November 30, 1999. That the Environmental Committee approve holding its 1999 meeting at 4:00 p.m. on the dates listed below: Wednesday January 13 Wednesday May 5 Wednesday September 15 " February 3 " June 2 " October 6 " March 3 " June 30 " November 3 " April 14 July / August None " December 1 That the City of Kitchener request the Region of Waterloo through its Waste Management Division staff to consider writing to Reader's Digest in response to the inaccuracies contained in an article entitled "The Hidden Truth About Canada's Blue Boxes" published in the Reader's Digest August 1998 edition. That the Environmental Committee strongly support the implementation of an environmental landscape that will reduce water, fertilizer and pesticide utilization at Firehall #1 Headquarters located on Strasburg Road. DECEMBER 14, 1998 COUNCIL MINUTES - 591 - 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. Execution of Enqineerinq Aqreement - CHICOPEE WARD It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding the Centennial Road Subdivision, Registered Plan 1698." 2. Execution of Indemnification (2 Moore Avenue) - BRIDGEPORT-NORTH WARD This matter was removed from the agenda as it was previously dealt with at the Special Council Meeting held December 7, 1998. 3. Massaqist Licences - New It was resolved: "That the following massagists be granted a Massagist licence for the year 1999: Leslie Carruthers Shirley Lafrance Kelly Casey." 4. Industrial Land Restrictions - FAIRVIEW WARD It was resolved: "That on December 14, 1998, the property described as Part 25 on Reference Plan 58R-1111 and municipally known as 20 Beasley Drive complied with the restrictions set out in the Schedule to Instrument No. 754171; And further, that the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in paragraphs 5.(a) and 5.(b) of the Schedule to Instrument No. 754171 respecting Part 25 on Reference Plan 58R-1111 and municipally known as 20 Beasley Drive, Kitchener." 5. Request for Council Appointment It was resolved: "That Councillors Jean Haalboom and Tom Galloway be appointed as the City of Kitchener representatives on the 1999 Ontario Games for the Physically Disabled Organizing Committee." 6. Tenders The tenders were dealt with under delegations. COUNCIL MINUTES DECEMBER 14, 1998 - 592 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 7. Parks and Recreation Advisory Committee - Terms of Reference It was resolved: "That Section 2(a) of the Terms of Reference for the Parks and Recreation Advisory Committee, as contained in City of Kitchener Policy I-II5, be amended to read as follows: (a) a minimum of two (2) members of Council for a term of one (1) year." Committee of Adjustment Variances to Municipal Code, Chapter 680 (Si.qn) - DOON- PIONEER AND ROCKWAY-VICTORIA WARD The two Committee of Adjustment recommendations were dealt with under delegations. 9. A.qreement with Waterloo Reqion District School Board - Shared use of Business Enterprise Centre It was resolved: "That the Mayor and Clerk be authorized to sign an agreement, satisfactory to the City Solicitor, with the Waterloo Region District School Board for the shared use of the Business Enterprise Centre for the period commencing November 16, 1998 and ending June 30, 1999 and, upon mutual agreement, subject to successive six month renewal periods." 10. Encroachment Aqreement - 19 Kinq Street East It was resolved: "That in conjunction with the issuance of a sign permit, the Mayor and Clerk be authorized to execute an encroachment agreement with the owner(s) and tenant(s) of the property described as Parts 1 and 2 on Reference Plan 58R-1707, municipally known as 19 King Street East, to legalize the existing canopy which encroaches six (6) inches, more or less, into the King Street East road allowance and to permit the installation and maintenance of a sign on the canopy." 11. Encroachment Aqreement - 10 Pioneer Drive It was resolved: "That in conjunction with the issuance of a sign permit, the Mayor and Clerk be authoized to execute an encroachment agreement with the owner(s) of the property municipally known as 10 Pioneer Drive to permit the construction and maintenance of a sign on an existing City easement." 12. Applications for Cancellation, Refund, Reduction or Levy of Taxes It was resolved: "That the applications attached hereto and forming part of these minutes relative to cancellation, reduction, refund or levy of taxes be disposed of as recommended therein." COUNCIL MINUTES DECEMBER 14, 1998 - 593 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 13. Si,qnin,q Authority Re - Festival of the Niqht It was resolved: "That Council delegate signing authority to the Manager of Arts, Culture, Special Events for contracts for the following entertainment events performing at the 1998 Festival of the Night: 1. Ron Hawkins and the Rusty Nails (contract dated October 30, 1998) 2. The Gandharvas (contract dated October 30, 1998) 3. Killjoys (contract dated November 17, 1998)." 14. Draft Position Continqency Recommendation It was resolved: "That the procedure prepared by the Director of Human Resources entitled 'Draft Position Contingency Recommendation' dated November 10, 1998, be approved." 15. City Conveyance of Closed Lane to Peerless Packaqin,q Ltd and Theodore A. Witzel The Committee was in receipt of a memorandum dated December 14, 1998 from the City Solicitor dealing with the conveyance of a lane extending from Ottawa Street South between and parallel to King and Charles Streets East. It was resolved: "That the Mayor and Clerk be authorized to execute a transfer of part of a lane closed in 1916 to Peerless Packaging Ltd. (Parts 2, and 11, Plan 58R-11548) and Theodore A. Witzel (Parts 9 and 10, Plan 58R-11548), all for the sum of $750.00 plus legal costs in the sum of $100.00." 16. Linkinq of Trillium Drive Re: Consent to Sale of Land by Huron Woods Development Corporation to Go Plastics Inc.; and City Purchase of Lands from Huron Woods Development Corporation It was resolved: "That the City hereby consents to the sale of Lot 3 according to draft plan of subdivision 30T-88030 revised October 27, 1998, by Huron Woods Development Corporation to Go Plastics Inc., or as it may direct; Further that the City hereby confirms that it shall purchase remaining lands, namely, Lots 4 and 5 on the draft plan according to the terms and conditions of the Offer to Sell from Huron Woods Development Corporation, accepted by the City on July 20, 1998, save and except for the purchase price which shall be reduced by the sum of $363,900.00 to reflect the purchase price of Lot 3 at the rate of $75,000.00/acre; And further, that if the sale of Lot 3 to Go Plastics Inc., or as it may direct, is not completed, the Offer to Sell from Huron Woods Development Corporation accepted by the City shall remain in full force and effect without amendment to except Lot 3." COUNCIL MINUTES DECEMBER 14, 1998 - 594 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 17. Settlement of Appeals to Ontario Municipal Board Re: Committee of Adjustment Application Nos. A 1/98 and B 1/98 It was resolved: "That the Mayor and Clerk be authorized to execute Minutes of Settlement, satisfactory to the City Solicitor, with Price Costco Canada Inc. and Riotrin Properties Kitchener Inc. relating to Committee of Adjustment applications A 1/98 and B 1/98, under appeal to the Ontario Municipal Board, as they relate to 4438 King Street East, Kitchener." 18. Hydro Steerinq Committee Appointments Mayor C. Zehr noted that discussions have taken place respecting establishment of and appointment to a Steering Committee to deal with hydro de-regulation legislation as it relates to the Hydro Electric Commission of Kitchener-Wilmot. Mr. J. Gazzola advised that he had met with the CAO of Wilmot Township and the General Manager of Kitchener-Wilmot Hydro and they recommend formation of a Steering Committee that would document issues and prioritize action. The Steering Committee would be composed of: the CAO and one elected Council member from each of the City of Kitchener and Wilmot Township the General Manager and one elected member from the Hydro Electric Commission of Kitchener-Wilmot. It was resolved: "That Mayor Carl Zehr and John Gazzola, CAO, be appointed as City of Kitchener representatives on the Steering Committee dealing with the future structure of the Hydro-Electric Commission of Kitchener-Wilmot."