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HomeMy WebLinkAboutCouncil Minutes - 1993-03-29COUNCIL\1993-03-29 COUNCIL MINUTES MARCH 29, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present. On motion by Alderman J. Smola, the minutes of the regular meeting held on March 8, 1993, as mailed to the Mayor and Aldermen, were accepted. A. Communications referred directly to file (1) Letter dated March 3, 1993 from the Grand River Conservation Authority, enclosing 1993 budget estimates and supporting information, financial statements as of December 31, 1992, minutes of the 1993 Annual Meeting held February 24 and 1992 Annual Report. (2) Letter dated March 9, 1993 from Michael D. Harris, M.P.P., Leader of the Progressive Conservative Party of Ontario, acknowledging Council's recent resolution regarding the promotion of refundable cans and bottles by the beverage industry. Alderman M. Yantzi welcomed the leaders and members of the 7th Kitchener Scout Group of Highland Road United Church, who were in attendance this date. Alderman C. Weylie introduced the City's new environmental logo designed by City staff members Ms. S. Baldrey, Messrs. C. Ford, T. O'Brien and R. Wakefield. Mr. Ford showed a slide of the logo and explained the design concept. Alderman Weylie added that the logo symbolizes Kitchener's awareness and commitment to a cleaner, healthier and more attractive City. She noted that the logo would appear on environmental publications and City signage and could possibly be used on water and gas bills. She also mentioned that Management Committee has suggested the City copyright the logo. Moved by Alderman C. Weylie Seconded by Alderman G. Leadston That the Environmental Committee report of this date be adopted. Carried. Mr. B. Clarkson, MacNaughton Hermsen Britton & Clarkson, was in attendance in support of Planning and Economic Development Committee recommendation No.3 concerning Zone Change Application 91/37/L/JG (Amendment to Grand River South Community Plan). Mr. Clarkson also requested that the two related by-laws listed as Items 12 (I) and (m) (Landawn Shopping Centres Limited) be given three readings this date. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 3 of the Planning and Economic Development Committee report of this date be adopted, and that the by-laws listed as items 12 (I) and 12 (m) on the agenda be given three readings this date. Carried. Mr. M. Jarrett previously registered as a delegation relative to Committee of Adjustment Submission A.21/93 and clause 2 of the Local Architectural Conservation Advisory Committee report of this date, but was not in attendance. Alderman M. Wagner explained that he had previously spoken with Mr. Jarrett and would be requesting that the L.A.C.A.C. recommendation be deferred and referred to the April 2, 1993 meeting for further consideration, provided Mr. Jarrett is available. Mr. G. Hebblethwaite was in attendance regarding petro - chemically based odours from the Forwell Pumping Station which he indicated are related to the recycling activities of Safety-Kleen Oil Services. He recognized that this condition has existed for approximately 15 months and expressed his concern over the impact of odours on enjoyment of his property, housing values, possible health risks and the waste of City resources associated with responses by the Fire Department and Kitchener Utilities. Mr. Hebblethwaite advised that he had spoken with Mr. F. Wagner of Safety-Kleen, as well as Alderman G. Leadston, Mr. S. Gyorffy and other City staff members. He asked that Council resolve the issue in the near future, but as an interim measure, request that Safety-Kleen cease the present disposal activity which is creating the odour. COUNCIL M/NUTES - 143 - MARCH 29, 1993 Mr. Hebblethwaite also advised of a resonance problem at the pumping station whereby sound is transmitted by the pump through the ground to the foundation walls of his house. He referred to a recent site visit where he observed that the pump in question is mounted on a concrete slab without the bushings or springs necessary to muffle sound. He also referred to a site inspection by a consulting engineer who believes that the carbon activated filter is not functioning properly. Alderman G. Leadston acknowledged that this has been an ongoing problem and suggested that some of the filtering measures used in the pumping station can be viewed as experimental. He asked that Mr. S. Gyorffy coordinate a staff report to be prepared in consultation with Safety-Kleen and which would recommend remedial solutions to the odour and vibration problems. He also asked that Mr. Hebblethwaite receive a copy of the report and be notified of the time and date the appropriate committee will consider this issue. Alderman C. Zehr stressed the need to take immediate action in view of the warmer weather and asked that the above report be considered at the April 5, 1993 Public Works and Transportation Committee meeting. Mr. F. Wagner, Environmental Specialist, Safety-Kleen Oil Services, was in attendance and indicated he had been working with City staff to rectify the problem. He pointed out that this situation has existed since April of 1992 and his company has engaged the services of a private consultant. Alderman G. Lorentz questioned whether any improvements had been made since that time. Mr. Wagner replied that the company is progressing and has installed a carbon canister to vent the sewer pipeline along Ottawa Street. He added that a second filter had been installed at the pumping station, and the company is now aware of other areas where odours are escaping due to back pressure and is attempting to identify and seal these. Mr. Wagner advised that Safety- Kleen is undertaking preliminary planning relative to a long term solution, however, given the amount of capital required, is considering a further expansion of its facility in order to justify the cost. Alderman T. Galloway asked that the report previously requested by Alderman G. Leadston include reference to any legal obligations of the City in regard to this problem. Alderman G. Lorentz asked whether the noise from the pumping station had been taken into consideration relative to development of the adjacent subdivision. Mr. Hebblethwaite replied that the only consideration was a noise clause relative to the Ottawa Street Extension, and offered to circulate the relevant document. Mr. T. McCabe replied that the noise issue was not taken into account in planning the subdivision since there was no expectation of pumping station noise. Mr. Hebblethwaite clarified that the noise is not audible from the exterior, but can be clearly heard in the basement of his home. It was generally agreed to defer consideration of this item to the April 5, 1993 meeting of the Public Works and Transportation Committee pending the report previously requested by Alderman G. Leadston. Mr. J. Harvey was in attendance this date on behalf of Local 80, United Rubber Workers, concerning a proposed monument in recognition of all workers killed, injured or disabled on the job. Mr. Harvey referred to an earlier discussion with Mr. W. Sleeth concerning the size of the monument and wished it understood that the dimensions are to be those included with the artist conception and location diagram circulated this date. Moved by Alderman G. Lorentz Seconded by Alderman J. Smola That clause 1 of the Community Services report of this date be adopted. Carried. Mr. J. Gold appeared on behalf of the Waterloo Regional Social Justice Coalition concerning the North American Free Trade Agreement (NAFTA). A revised motion from the Coalition dated March 29, 1993 was circulated this date for Council's consideration. Mr. Gold expressed the Coalition's fear that the agreement is being passed too early, without the benefit of a proper public hearing and if implemented, will further weaken national and regional economies. He referred to the fact that no Federal hearings have been planned for either Ontario or Quebec and that the process should be slowed down to allow for a more complete debate given the fact that NAFTA could have a negative and far-reaching impact on Canadian autonomy. Mr. Gold also advised that a resolution similar to the one before Council this date was previously enacted by Waterloo City Council. Mr. Gold asked that Council enact the March 29, 1993 motion which would have the effect of endorsing the Coalition's stand relative to public hearings and urging the Government of Canada to take no further COUNCIL M/NUTES - 144 - MARCH 29, 1993 steps to ratify NAFTA pending a wider and more indepth consultation with the Canadian people. He also asked that if endorsed the above resolution be forwarded to the Honourable Michael Wilson, Minister of Trade. Alderman B. Stortz noted that it was his understanding any ratification of the agreement would be delayed until after the next Federal election. Alderman C. Zehr asked how municipalities could be adversely affected by the proposed agreement. Mr. Gold replied that the "Barrier to Trade" concept embodied in the agreement could result in the removal of any favouritism toward local as opposed to foreign businesses. All three parties to the agreement would theoretically have equal access to these opportunities. He added that if a decision were contested in this regard, it would be referred to one of the appointed national panels whose only interest would be in the legal aspects of NAFTA rather than economic or regional interests. Alderman M. Wagner asked whether other municipalities would be involved in these discussions and Mr. Gold referred to the August 11, 1992 minutes of Toronto City Council wherein Council conveyed its concern and opposition to the proposed agreement and requested that notice thereof be given to all municipalities with a population over 50,000 and their representative bodies. In response to a question from Alderman G. Leadston, Mr. Gold advised that he had spoken with elected Federal representatives. Alderman M. Yantzi read from a letter by the Federation of Canadian Municipalities dated January 11, 1993 and expressed his support for local hearings. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz WHEREAS the Canada-US Free Trade Agreement has had a major social and economic impact on Canada and citizens of the Waterloo region, and; WHEREAS the North American Free Trade Agreement (NAFTA) amounts to a virtual economic constitution for Canada and threatens to limit even further the powers of governments, including municipal governments, to set their own economic policies, and; WHEREAS the federal government has refused to hold Canada-wide hearings which would allow Canadians to participate in a public discussion as to the advisability or inadvisability of entering into the proposed agreement, and; WHEREAS the citizens of Waterloo region have had little access to informed debate on the NAFTA in their mainstream media and need to hear more of the effects of free trade on their fellow community members, and; WHEREAS a group of concerned citizens called the Waterloo Regional Coalition for Social Justice has formed to raise public awareness about implications of the free trade agreements and to give the community a voice to express their views on free trade; THEREFORE BE IT RESOLVED that the Corporation of the City of Kitchener endorse the Social Justice Coalition's public hearings on the NAFTA, which will take place on March 31 at the Food Bank of Waterloo Region, and which will allow community members to relate their personal experiences of the NAFTA, and; THEREFORE BE IT FURTHER RESOLVED that the Corporation of the City of Kitchener urge the government of Canada to take no further steps in the process of ratifying the NAFTA agreement until it has consulted more widely and indepth with the Canadian people, especially and including, the soliciting of detailed responses from municipal councils and other local governments, and that a copy of this resolution be forwarded to the Federal Minister of Trade. Carried. Mr. W. Gallagher appeared on behalf of a portion of the disabled community affected by the recent service curtailments by Project Lift. He referred to correspondence circulated with the agenda and read from a prepared statement dated March 29, 1993. Mr. Gallagher advised that as of March 1, 1993, 37 passengers have been reviewed with an additional 50-100 pending. Of this number 9 visually impaired persons have had their ridership limited and 10 developmentally or cognitively impaired persons have been totally denied service as of April 30, 1993. He referred to the specific circumstances involving these individuals and stressed their inability to use the regular public transit system, as well as the perils and trauma created to denying service to individuals who already have limited access to public facilities. Mr. Gallagher stressed that the individuals targeted are amongst the most vulnerable in the community and that they and their families will be traumatized by COUNCIL M/NIYFES - 145 - MARCH 29, 1993 the loss of outside contact. He also expressed the opinion that Project Lift is blaming Kitchener Council for the service curtailment. Mr. Gallagher noted that the letter from Project Lift to various local agencies dated March 1, 1993 refers to Ministry of Transportation eligibility criteria dating from 1979 to 1989 which have subsequently been amended due to human rights concerns. He read a portion of a letter from Mr. David Ferguson, Manager, Ministry of Transportation dated July 20, 1992 addressed to all specialized public transportation managers. The letter stresses that Provincial eligibility guidelines are based on functional mobility and the effect of a particular condition on an individual's mobility should be considered rather than an arbitrary decision based on the presence of a particular condition. He added that he personally contacted the author, who subsequently visited Kitchener and spoke with Project Lift's general manager. Mr. Gallagher alleged that Project Lift had deliberately withheld the information contained in the above letter and has clearly violated both its own mandate and the rights of the disabled community. He suggested that City staff should also have been aware of the Ministry of Transportation Guidelines in preparing Project Lift's contract renewal and either they or the Council representatives should have given appropriate notice. Mr. Gallagher specifically asked Council to revise its contract with Project Lift by adding reference to "Unable to Use with Dignity" as regards eligibility and extend the service boundaries as requested. He asked that Council order a complete review of Project Lift including its funding, policies, method of operation and use of private sector vehicles. In addition, he asked that in view of his allegations this date concerning the deliberate suppression of information, misleading of Council and its committees, Council immediately request the resignation of the General Manager and the Chairman of Project Lift. Mr. Gallagher requested that representatives of his group be included in all levels of review and negotiation involving parallel transit service. Mr. Gallagher acknowledged that the above request would likely require Committee consideration, however, he asked that Council take action this date to direct Project Lift to suspend all service cancellations and limitations and that the passenger review should cease immediately and be placed on hold pending further notice from Council. Alderman C. Weylie pointed out that the Ministry of Transportation guidelines are not formal policies but are intended to guide the decision-making process. Mr. Gallagher responded that in his opinion, Project Lift has not addressed the issue of "Functional Mobility" in arriving at its decision. Alderman Weylie referred to the relationship between level of service and funding constraints and Mr. Gallagher responded indicating that only three other cities in the Province received less government funding than Kitchener. Alderman Weylie asked why the City would only receive a 50% allotment and Mr. J. Gazzola replied that to the best of his knowledge the municipality is receiving all of the funding it is entitled to. Alderman G. Lorentz asked Mr. Gallagher to more clearly define who it is he represents. He responded that his group includes the parents of disabled citizens, P.U.S.H (South Central) as well as all of the agencies and individuals listed in their Council submission. Mr. Gallagher stated that other agencies are involved, as well as some individuals from the Boards of Education. He expressed the opinion that the disabled community is not being heard by the management of Project Lift. Alderman Weylie questioned the boundary extension requested, noting that two of the locations are in Cambridge and Woolwich Township. Mr. Gallagher replied that service boundaries can be established by Kitchener and the extensions, which in his opinion are minor in nature, include Waterloo Regional Police Headquarters and the Farmers' Markets. Mr. Gallagher advised that he decided to approach Council this date due to the curtailment deadline imposed by Project Lift. Moved by Alderman G. Leadston Seconded by Alderman M. Wagner That the entire issue involving the curtailment of service by Project Lift be referred to a future meeting of the Public Works and Transportation Committee for further consideration pending a full report and that all affected parties be so notified including the delegations in attendance this date, the appropriate City staff and representatives from the Ministry of Transportation and the City of Waterloo. Alderman C. Weylie suggested that the problem relates to the level of funding in the contract between the Cities of Kitchener and Waterloo and should be considered by the Finance and Administration Committee. Mr. Gallagher noted that he plans a similar presentation to Waterloo City Council on April 2, 1993 and repeated his earlier request concerning the suspension of service cancellations/limitations and the ongoing passenger review. The previous motion by Alderman G. Leadston that consideration of the issue be referred to the Public COUNCIL M/NUTES - 146 - MARCH 29, 1993 Works and Transportation Committee was voted on and Carried. Mr. R. Vogel was in attendance this date and indicated his agreement and support for the comments made by Mr. Gallagher. Ms. M. Majury was in attendance and endorsed the previous comments by Mr. Gallagher. She also questioned why her son, who has been using the service for the past three years, is now being denied access. Mr. J. Bova was in attendance and referred to problems encountered by blind and visually impaired individuals using both the regular and parallel transit systems. He expressed his frustration over the service entitlement process and advised that he has made the appropriate appeals. Mr. D. Craig, Chairman, Project Lift Board of Director, indicated he would be willing to present any recommendation concerning temporary suspension of service curtailment to the Board. He also advised that representatives of Project Lift have met with Mr. David Ferguson of the Ministry of Transportation who has indicated to them that the eligibility criteria are valid and are being applied correctly. He also pointed out that in 1992 Project Lift serviced approximately 663 new passengers, and they are increasing at the rate of 50 per month. He pointed out that Project Lift funding has increased by 4.5%, however, eligible users have increased by approximately 30% and the Board is trying to provide the best possible service under the circumstances. Moved by Alderman M. Wagner Seconded by Alderman G. Leadston That Kitchener City Council recommend to Project Lift a temporary suspension of its service reassessment initiatives, and the temporary reinstatement of all individuals who were previously eligible for service. Mayor D.V. Cardillo requested a staff contact to be responsible for co-ordinating input from the groups represented this date. Mr. T. McKay advised that Ms. L. Gove would act as Co-ordinator and Mayor Cardillo requested that she also represent the City during the upcoming discussions. The previous motion by Alderman M. Wagner to temporarily suspend the service curtailments was voted on and Carried. Ms. M. Wormwald appeared on behalf of the Head Injury Group of K-W. She advised that the eligibility criteria of Project Lift does not include individuals having cognitive challenges only those who are physically challenged. She stressed that parallel transit is a necessary service, the limitation of which would have a severe impact on the individuals and families involved. In response to a question from Alderman C. Weylie, Ms. Wormwald acknowledged that at least one of the individuals in question requires an attendant. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the report of the Planning and Economic Development Committee of this date be adopted. Alderman M. Wagner referred to clause 4 concerning Zone Change Application 92/34/O/JW and commended the owner on his intentions to preserve the heritage property on a portion of the site known municipally as 1188 Ottawa Street South. Alderman T. Galloway spoke in opposition to clause 5 (Official Plan Amendment Application 92~9) on the basis that this would result in the loss of the Freeport Esker which he indicated is significant both environmentally and as an entrance feature. The report was then put to a vote. Voted on clause by clause. Clause 3 - Dealt with under delegations and Carried. Clause 5 - Carried. COUNCIL M/NUTES - 147 - MARCH 29, 1993 Balance of Report - Carried. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Alderman J. Smola asked that he be recorded as opposed to clause 5 as it relates to the re-drafting of Municipal Policy 11-19 which would have the effect of removing all preferential treatment for all existing staff in any job competition except where required by the job posting provisions of the Collective Agreement. He reminded Council that at present temporary employees who have returned to work for the City on a regular basis are given preferential treatment, and in his opinion, this practice should continue. He also questioned why a sub-committee would be established to develop entry level job requirements after the City holds its first Job Fair. Mr. R. Freeborn replied that the Job Fair is intended to build an applicant base and the guidelines to be developed by the sub-committee would be applied to these after they are received. Mr. D. Paterson advised that the Continuous Improvement Process (C.I.P.) team felt that introducing choice into the hiring process was a first priority and did not feel it was prudent to await completion of the standards referred to. Alderman M. Wagner expressed his concern that clause 1 does not specifically refer to the membership of the Community Committee on Educational Excellence, specifically representation by teachers and parents who have children presently enroled in the school system. Alderman G. Lorentz indicated that it was his opinion Mr. J. Sweeney addressed these issues at the Finance and Administration Committee meeting, and Alderman Wagner responded that the minutes do not clearly reflect this. Alderman G. Lorentz referred to clause 6 as it relates to the proposed Recruitment Job Fair. He indicated he would not support the recommendation on the basis that taxpayers should have the right to make application to the City twelve months of the year and not during the proposed Job Fairs alone. Alderman J. Ziegler responded that the Job Fairs will occur semi-annually and that this concept is justifiable and serves the taxpayer in view of the costs involved in processing applications on a year round basis. Alderman C. Zehr accepted, as a friendly amendment, a suggestion by Alderman T. Galloway that clause 6 be amended so as to include a review of this initiative one year after its implementation. Alderman G. Leadston voiced his opposition to clause 5 as it relates to the development of testable standards. Alderman G. Lorentz asked for information on any reduction in staffing which would result from the implementation of a Job Fair. Mr. R. Freeborn clarified that the C.I.P. recommendations deal with a more efficient way of recruiting and that the team indicated staff could not respond simultaneously to the requirements of a Job Fair while continuing to accept applications year round. In this regard, no specific cost savings were cited in the Team Report. Mr. Freeborn expressed the opinion that the proposed system would be fair to the taxpayer since it would result in job applications being retained for a longer period. Alderman B. Stortz added that this initiative will open up the hiring process and create a fairer system. Alderman C. Zehr accepted, as a friendly amendment, the request of Alderman C. Weylie that clause 2 be amended to specify that the staff report concerning Specific Location Daily Sales Licences will be considered at the April 5, 1993 meeting. On motion by Alderman C. Zehr, seconded by Alderman B. Stortz, it was agreed to further amend the Finance and Administration Committee report of this date by adding two additional clauses, the first pertaining to acceptance of a report from Mr. T. McKay on operating improvements initiated by staff, and the second relative to approval of the terms and conditions in the Memorandum of Settlement (Union Local 357) dated March 3, 1993. Alderman T. Galloway referred to clause 9 relative to the charging of fees for information access requests and asked that staff prepare a handout explaining the issue of fees. He specifically asked that it include the fee structure as well as the procedures and criteria relative to waiving of fees. Mr. R.W. Pritchard noted that the City is required to inform applicants of the fee issue and agreed to investigate and develop the information sheet requested. The report, as amended, was voted on. Voted on clause by clause. Clause 2 & 6 - Carried, as amended. COUNCIL M/NUTES - 148 - MARCH 29, 1993 Clauses 5 & 9 - Carried. Balance of report - Carried. Moved by Alderman M. Wagner Seconded by Alderman T. Galloway That the report of the Local Architectural Conservation Advisory Committee of this date, be adopted. Voted on clause by clause. Clause 1 - Carried. Clause 2 - Action deferred and referred to the April 2, 1993 meeting of the Local Architectural Conservation Advisory Committee for further consideration and a submission by the owners representative. Moved by Alderman J. Smola Seconded by Alderman M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Carried. Alderman M. Wagner referred to minutes of the Public Works and Transportation Committee and asked staff to investigate the plowing of streets where sidewalks abut the roadway. He noted that the minutes indicate staff will determine whether the situation has improved. Alderman J. Smola also referred to the City's Snow Removal Policy which indicates that roadways must be plowed back to the curb. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That the report of the City Hall Steering Committee of this date be adopted. Alderman J. Ziegler suggested that the reference to the title of "Doctor" be removed from clause 1 of the report as it relates to the naming of the three conference rooms. He noted that these individuals were not elected on the basis of their medical qualifications, and that if appropriate, mention of this could be made on the explanatory plaques. Alderman C. Zehr accepted, as a friendly amendment, the suggestion of Alderman J. Ziegler relative to committee room naming. The report was then voted on and Carried. Moved by Alderman G. Lorentz Seconded by Alderman J. Smola That the report of the Community Services Committee of this date be adopted. Carried. Alderman T. Galloway suggested that the wording of clause 10 (b) should be changed as the present wording indicates Council has already decided on changing the basis of operation in different areas of the Golf Unit. He suggested that the clause should indicate the City may make these changes. Alderman G. Lorentz accepted, as a friendly amendment, the suggestion of Alderman T. Galloway. The report was then voted on. COUNCIL M/NUTES - 149 - MARCH 29, 1993 Voted on clause by clause. Clause 1 - Dealt with under Delegations and Carried. Clause 10 - Carried, as amended. Balance of report - Carried. Alderman M. Yantzi advised that it is now appropriate to disband the City's Market Operating Committee. Moved by Alderman M. Yantzi Seconded by Alderman C. Weylie That Council disband the Market Operating Committee, with the appropriate letters of recognition and thanks. Carried. Alderman T. Galloway commented that the Employment Equity Review Committee has held several meetings which are open to the public and the minutes are widely distributed. He advised that the next meeting will be held on April 14, 1993 at 4 p.m. Alderman B. Stortz referred to a number of abandoned gas station sites in the City, particularly those owned by Petro-Canada. He suggested that the sites are being left in an unattractive state and asked that Mr. S. Klapman correspond with the appropriate agencies to determine their plans for the sites and to encourage a proper cleanup. Alderman G. Leadston suggested that Petro-Canada representatives should be asked to attend a future Planning and Economic Development Committee meeting. Alderman M. Yantzi drew Council's attention to two posters displayed in the Council Chambers this date relative to the Racial Awareness Week Committee - Courtland Community. Moved by Alderman J. Ziegler Seconded by Alderman M. Yantzi That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law 92-204 being a by-law to control and regulate Signs (b) Being a by-law to adopt Amendment No. 141 to the Official Plan (c) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Ministry of Government Services/Ministry of Transportation - Pioneer Tower East (d) Being a by-law to exempt a certain lot from Part Lot Control - Lot 19, Registered Plan 1730 - Tamvale Crescent (e) Being a by-law to exempt a certain lot from Part Lot Control - Lots 1 and 13, Registered Plan 1739 - Bankside Crescent (f) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (g) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (h) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (i) Being a by-law to provide for the establishing and laying out of part of Mill Street as a public highway in the City of Kitchener COUNCIL MINIXI~ES - 150 - MARCH 29, 1993 (J) Being a by-law to provide for the widening of part of Spadina Road as a public highway in the City of Kitchener (k) To confirm all actions and proceedings of the Council Being a by-law to amend By-law 4830 known as the Zoning By-law - Landawn Shopping Centres Limited - Lackner Blvd. and Fairway Road N - No.91/37/L/JG (m) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Landawn Shopping Centres Limited - Lackner Blvd. and Fairway Road N - No.91/37/L/JG (n) Being a by-law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener 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 D.V. Cardillo appointed Alderman J. Smola as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. 10. Moved by Alderman J. Smola Seconded by Alderman G. Leadston That the proceedings and the recorded conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes be and the same are hereby adopted and confirmed. Carried. 11. Moved by Alderman J. Ziegler Seconded by Alderman M. Yantzi That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law 92-204 being a by-law to control and regulate Signs (By-law No. 93-60) (b) (c) (d) (e) (f) Being a by-law to adopt Amendment No. 141 to the Official Plan (By-law No. 93-61) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Ministry of Government Services/Ministry of Transportation - Pioneer Tower East (By-law No. 93-62) Being a by-law to exempt a certain lot from Part Lot Control - Lot 19, Registered Plan 1730 - Tamvale Crescent (By-law No. 93-63) Being a by-law to exempt a certain lot from Part Lot Control - Lots 1 and 13, Registered Plan 1739 - Bankside Crescent (By-law No. 93-64) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property COUNCIL ~VHNUTES (g) (h) (i) (J) (k) (m) - 151- MARCH 29, 1993 (By-law No. 93-65) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 93-66) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 93-67) Being a by-law to provide for the establishing and laying out of part of Mill Street as a public highway in the City of Kitchener (By-law No. 93-68) Being a by-law to provide for the widening of part of Spadina Road as a public highway in the City of Kitchener (By-law No. 93-69) To confirm all actions and proceedings of the Council (By-law No. 93-70) Being a by-law to amend By-law 4830 known as the Zoning By-law - Landawn Shopping Centres Limited - Lackner Blvd. and Fairway Road N - No.91/37/L/JG (By-law No. 93-71) Being a by-law to amend By-law 85-1 known as the Zoning By-law - Landawn Shopping Centres Limited - Lackner Blvd. and Fairway Road N - No.91/37/L/JG (By-law No. 93-72) 11. (Cont'd) (n) Being a by-law to provide for the widening of part of Mill Street as a public highway in the City of Kitchener (By-law No. 93-73) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. MAYOR CLERK COUNCIL MINI~ES - 152 - MARCH 29, 1993 REPORTS ADOPTED BY COUNCIL - MARCH 29, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That Council receive the Discussion Paper on Cross-Boundary Issues in South Central Ontario for information and instruct Planning and Economic Development Staff to prepare a response to the paper for consideration by Planning and Economic Development Committee and submission to the Province. That Kitchener's City Council approve the property address change, for property assessment roll number 3-02-074, from 371 Frederick St. to 369 Frederick St., to be effective May 1, 1993, in the form shown in the Proposed By-law attached and dated February 22, 1993. That Planning and Economic Development Committee amend the Grand River South Community Plan (Areas 2 & 3) as follows: a) Section 3.3.4 be amended by adding the following special policy: "A minimum residential density of 66 units/hectare shall be permitted on the 7.988 Acre parcel of land fronting Lackner Boulevard and any form of multiple dwellings, except semi-detached dwellings and duplex dwellings, shall be permitted on the 7.988 Acre parcel of land fronting onto Lackner Boulevard and the 2.12 Acre parcel of land fronting Fairway Road North. The maximum floor space ratio for both parcels of land shall be 4.0." b) That Map "A" be amended to identify the special policies related to the reduction in density requested and to identify the lands proposed for multiple residential dwellings, except semi-detached dwellings and duplex dwellings, as illustrated on the attached Map "A"; It is the opinion of this Committee that approval of these revisions to the Community Plan is proper planning for the City. That Zone Change Application 91/37/L/JG (Landawn Shopping Centres Ltd.) requesting a change in zoning from Township Agriculture (TWP A) with special regulations according to By-law 878A, to Semi-Restricted Residential - Holding (R2-HRR) with a special list of uses and special regulations and Semi-Restricted Residential (R2) with a special list of uses and special regulations according to By-law 4830 and to Neighbourhood Shopping Centre (C-2) with a special regulation provision, Open Space (P-2) and Hazard Land (P-3) according to By-law 85-1, on Parts 1, 2, 3 and 4, Plan 58R-8489, be approved in the form shown in the two proposed By-laws attached dated February 9, 1993 and February 10, 1993 subject to the following condition being satisfied prior to any reading of the amending Zoning By-laws by Council: To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed zone change. The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved by resolution, the amending zoning by-laws relative to Zone Change Application 91/37/JG. In the event the requirements are not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. (DEALT WITH UNDER DELEGATIONS AND CARRIED) COUNCIL ~VHNUTES PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE - 153- MARCH 29, 1993 MARCH 29, 1993 4. A. That PD 57/91 "Valleyview Road - Howe Drive Community Plan", as amended by PD 139/91, be revised to add the following special policy to the Residential policies: 3.2.7 That notwithstanding the Low Density Residential (Single, Semi-detached and Duplex Dwellings Only) designation, on the lands described as Part of Lot 47 G.C.T. and addressed as 1188 Ottawa Street South, Neighbourhood Institutional uses and a Health Clinic shall also be permitted. It is the opinion of this Committee that the approval of this revision to the Community Plan is proper planning for the City. That Zone Change Application 92/34/O/JW (Dr. Stephen Code) requesting a change in zoning from Township Agricultural (Twp. A) according to By-law 878A to Neighbourhood Institutional (I-1) with special use and special regulation provisions according to By-law 85- 1 and to Semi-Restricted Residential (R2B) with a restriction of use and special regulations according to By-law 4830, on Part of Lot 47, German Company Tract, be approved, in the form shown in the two proposed By-laws attached, dated February 12, 1993, and February 16, 1993, subject to the following condition being satisfied prior to any readings of either of the amending zoning by-laws by Council. To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed zone change. The Owner acknowledges that Condition 1 is required to be satisfied no later than seven (7) months from Council having approved the amending zoning by-laws relative to the Zone Change Application 92/34/O/JW by resolution. In the event this requirement is not fulfilled within the seven month period, Council shall consider rescinding its zone change approval. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with the City's Approved Official Plan. That, Official Plan Amendment Application 92/9 as adopted by resolution of Council on February 8, 1993 be revised by: a) deleting clause (e) to existing Special Policy 11.xlvi, and replacing it with the following clause (e): "(e) Notwithstanding the designation of Business Park on certain portions of the lands located between the Highway #8 By-pass and the Kitchener- Cambridge municipal boundary, agriculture, not including the use or erection of any building, and free-standing offices will be permitted."; and, b) adding a new clause (f) to existing Special Policy 11 .xlvi: "(f) Notwithstanding the designation of Business Park on the lands located adjacent to the Kitchener-Cambridge municipal boundary and legally described as Part of Lots 22, 23 and 24, Beasley's Broken Front Concession, only agriculture, not including the use or erection of any building, shall be permitted until such time as Regional Council makes a final determination on the future need for these lands in relation to road projects identified in the Cambridge Area Transportation Study. A holding symbol will be applied to these lands in the implementing Zoning By-law and shall not be removed until the City is in receipt of a letter from the Regional Commissioner of Planning and Culture advising of Regional Council's resolution with respect to this matter." PLANNING AND ECONOMIC MARCH 29, 1993 COUNCIL M/NIYFES - 154 - MARCH 29, 1993 DEVELOPMENT COMMITTEE 5. (Cont'd) It is the opinion of this Committee that the approval of these revisions to the Amendment to the Official Plan is proper planning for the City. That, Zone Change Application 92/23/S/LM (Ministry of Government Services/Ministry of Transportation) as adopted by resolution of Council on February 8, 1993, be revised by: a) adding agriculture, not including the use or erection of any building, as a permitted use under Special Use Provision 144U which applies to the lands proposed to be zoned Restricted Business Park (B-2) as shown on Map Nos. 1, 2, 3 and 4 in the revised Proposed By-law attached, dated March 9, 1993; and, b) adding a Holding Provision, 11H, to those lands to be zoned Restricted Business Park (B-2) with Special Use Provision 144U, on lands described as Part of Lots 22, 23 and 24, Beasley's Broken Front Concession, as shown on Map Nos. 3 and 4 in the revised Proposed By-law attached, dated March 9, 1993. It is the opinion of this Committee that the approval of these revisions to the Application is proper planning for the City and is in conformity with a recommended Amendment to the City's Approved Official Plan. That, City Council consider the above changes to Zone Change Application 92/23/S/LM to be minor in nature and not require any further notification prior to the passing of the implementing zoning by-law. Providing the appropriate licence is issued, that enforcement of the City's Zoning By-law be waived with respect to the portable hot dog vending cart at 760 King Street West and that temporary occupancy be approved subject to the occupants vacating the said location in the event the City's new Mixed Use Zoning category should not be approved by City Council or by the Ontario Municipal Board. And further, that in the event of failure to vacate as required, the City's Municipal Enforcement Officer be directed to commence notice of action to remove the illegal uses and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of the City's new Mixed Use Zoning categories. That enforcement of the City's Zoning By-law be waived with respect to the blade sharpening and repair home business operations at 17 Sandra Avenue and that temporary occupancy be approved subject to the occupants vacating the said location in the event that Stage 6 of the Comprehensive By-law should not be approved by City Council or by the Ontario Municipal Board in the form that would permit the home business use. Further that as part of the Stage 6 By-law, the Department consider special parking regulations relative to this home business use in view of the site restrictions. And further, that in the event of failure to vacate as required, the city's Municipal Enforcement Officer be directed to commence notice of action to remove the illegal uses and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of the City's new Comprehensive By-law. That preliminary circulation of the Draft Residential Zoning for Stages 6 and 7 of the City's Comprehensive Zoning By-law be done with a "Summary Letter" sent to all registered property owners explaining the purpose and effect of the project, extending an invitation to attend a series of open house information meetings to be held in each neighbourhood and advising that a copy of the proposed by-law is available upon request. ENVIRONMENTAL COMMITTEE MARCH 29, 1993 COUNCIL MINUTES - 155 - MARCH 29, 1993 That the logo presented this date be adopted as the official Environmental Logo for the City of Kitchener. (DEALT WITH UNDER DELEGATIONS AND CARRIED) FINANCE AND ADMINISTRATION COMMITTEE That with respect to the report of the Educational Excellence Working Committee appended to correspondence from Mr. J. Sweeney, Chairman, dated March 10, 1993, Kitchener Council endorse the Education Excellence concept embodied therein, agree to the formation of a Community Committee on Educational Excellence and appoint Mayor D.V. Cardillo (or his designated representative) to serve on a recruiting committee in this regard. That no application be accepted or Specific Location Daily Sales Licenses issued relative to the sale of fireworks in the City pending consideration by the Finance and Administration Committee on April 5, 1993 of a full report from the Licensing Division on the issuing of such licenses as it applies to this and other product lines. (AS AMENDED) That the City of Kitchener has no objection to a Provincial licence being issued to Big Brothers of Kitchener-Waterloo relative to two Monster Bingos to be held on Sunday, May 23, 1993 at the Kitchener Farmers Market and on Monday, October 11, 1993 at the Kitchener Auditorium Complex. That the City of Kitchener has no objection to a Provincial licence being issued to Kitchener- Waterloo Oktoberfest Inc. relative to a Blackjack Tournament scheduled for April 16-18, 1993 at the Valhalla Inn and to include the following activities: Rapid Blackjack (10 tables); Crown and Anchor Wheel (1 wheel); Monte Carlo (30 tables), and further, That no action be taken on the request for endorsement of the sale of Break Open (Nevada) Tickets at these events. That Council adopt re-drafted Municipal Policy 11-19 as appended to the report of the C.I.P. Hiring Process Team and dealt with by the Finance and Administration Committee on March 22, 1993 which would have the effect of removing all preferential treatment for all existing staff in any job competition except where required by the job posting provisions of a collective agreement, and that the relevant staff be directed to make any housekeeping changes to other affected policies, and, That a sub-committee be struck to develop testable standards and job requirements for entry level positions with these to be completed no later than December 31, 1993, and further, That a second sub-committee be struck to develop the process necessary for the staging of the City's first Recruitment Job Fair for entry level and temporary positions to be held on or about June 1, 1993. That effective on the date the City advertises its first Recruitment Job Fair, the Human Resources Division discontinue the current practice of accepting unsolicited job applications for all positions (excluding students) and that future applications for entry level will be accepted only in conjunction with a Job Fair or for a period of one month after the Fair's start date, and that the above arrangement be reviewed one year from the implementation date. (AS AMENDED) That the processing of transit/parking daily cash collections be handled in accordance with Option #2 in the report of Mr. B. Gulliver dated February 10, 1993 with a review of this initiative one year after the implementation date. 8. That the position of Council Page continue to be filled by applicants from the student population. That Council adopt the policy appended to the report of Mr. G. Sosnoski dated March 16, 1993 relative to the charging of fees for access to City records where requests are made under the Municipal Freedom of Information and Protection of Privacy Act. FINANCE AND ADMINISTRATION COMMITTEE MARCH 29, 1993 COUNCIL M/NUTES - 156 - MARCH 29, 1993 10. 11. 12. That the application from the owner of the Three-Minute Deli (King Street) for an interior/exterior loan be approved. That Council receive as information the report of Mr. T. McKay dated March 5, 1993 outlining improvements introduced by staff over the last three years resulting in either enhanced revenues, cost savings or avoidance, and savings in processing time. That City Council approve the terms and conditions contained in the memorandum of settlement dated March 3, 1993 in connection with Local #357 of the International Alliance of Theatrical Stage Employees and Moving Pictures Machine Operators of the United States and Canada, and that the Mayor and Clerk be authorized to execute any documentation arising therefrom. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That pursuant to Section 33 of the Ontario Heritaqe Act, the Waterloo County Board of Education be advised that Council has no objection to their request to remove the paint from all concrete window sills and concrete horizontal frieze at Suddaby School, Frederick Street, Kitchener; and further, That their request to remove the paint by sandblasting, as outlined in their Maintenance and Construction Department specifications, dated November 12, 1992, be refused and a method which will not permanently damage the concrete and surrounding material be used; and further, That the Ministry of Culture and Communications guidelines on microabrasive cleaning using sodium bicarbonate, as outlined in the letter from Ms. G. Sussman, dated February 23, 1993, be made available to the Waterloo County Board of Education. That pursuant to Section 33 of the Ontario Heritaqe Act, the owners of 25 Maynard Avenue be advised that their proposal to install a driveway in the front yard of this property, as approved by the Committee of Adjustment on March 2, 1993 (Submission No. A21/93) affects the reasons for designation; as it affects the context of setting, siting of the house and detracts from the appearance of the front elevation; and further, That staff be directed to contact the owner to advise them that Council approval under the Act is required in addition to approval from the Committee of Adjustment. (ACTION DEFERRED AND REFERRED TO THE APRIL 2, 1993 MEETING OF THE LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE FOR FURTHER CONSIDERATION AND A SUBMISSION BY THE OWNER'S REPRESENTATIVE) PUBLIC WORKS AND TRANSPORTATION COMMITTEE 1. That two (2) hour limit parking meters be installed on the west side of David Street between Joseph Street and Courtland Avenue, and further, That the Uniform Traffic By-law be amended accordingly. That the Clerk be authorized to execute the Program of Proposed Expenditures of highway improvements for the 1993. CITY HALL STEERING COMMITTEE 1. That the following list of names be accepted for interior rooms of the new City Hall: a) the larger ground-floor Committee Room be named the Conestoga Room; b) the smaller ground-floor Committee Room be named the Heritage Room; COUNCIL M/NUTES - 157 - MARCH 29, 1993 CITY HALL STEERING COMMITTEE MARCH 29, 1993 c) the three Conference Rooms be named: Second Floor - William H. Schmaltz Room Sixth Floor -William Pipe Room Ninth Floor - John Scott Room (AS AMENDED) d) the Gardens along Duke Street not be named at this time. 2. That City Council not consider naming any other portions of the New City Hall. That K-W Oktoberfest Inc. be authorized to use the image of Kitchener's new City Hall on the 1993 Oktoberfest Coin. That the City of Kitchener retain the services of a local realtor to obtain tenants for the Retail area, and the two Office areas, based on the presented Background Reports, dated March 19, 1993. COMMUNITY SERVICES COMMITTEE That we approve the request of Local 80, United Rubber Workers to erect a monument in Victoria Park, behind the Pavilion, to recognize all workers killed, injured or disabled on the job; and further That the graphics and text of the inscription on the monument be revised to reflect the national significance of this day and its location in Downtown Kitchener and be acceptable to the Commissioner of Parks and Recreation; and further That the monument be constructed in accordance with the guidelines of the Ontario Monument Builders Association including dowelling for public safety and vandal resistance; and further That we install the foundation for the monument at a cost to the City of $231.69; and further That the United Rubber Workers Union, Local 80, assume responsibility for the regular care, maintenance and repair of the monument. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That no action be taken on the request of the Junior Achievement of Waterloo Region Inc. for a grant in the amount of $5668.12 as a rebate on their municipal taxes. That we approve an in-kind printing grant to Theatre & Company/K-W Performing Arts Association in the amount of $1275.00 to cover the cost of printing their brochures. That the Parks and Recreation Department, in accordance with their established policies and practices, affiliate with one minor sports organization for the primary delivery of track and field programs and services, being the K-W Track and Field Association (K.W.T.F.A.); and further That the constitution of the K-W Track and Field Association be reviewed and updated to reflect the needs of track and field; and further, That the structure be similar to the organizational chart drafted by the Parks and Recreation Department and meet the established policies and practices of a minor sports organization; and further That should the K-W Track and Field Association fail to meet the established policies and practices, the Parks and Recreation Department proceed to form a new track and field association in the City of Kitchener. That we provide a 1993 operating grant to the local organization of the Ontario Track 3 Ski Association in the amount of $1065.00 to be taken from the general provision account; and further That Parks and Recreation athletics staff be authorized to work cooperatively with the local Track 3 Organization in order to move it towards fulfilling the requirements of minor sports affiliation with COUNCIL M/NUTES - 158 - MARCH 29, 1993 the City, to be met by 1995. COMMUNITY SERVICES COMMITTEE MARCH 29, 1993 That we approve an in-kind facility grant in the amount of $95.23 to the K-W Hispanic Association to cover their room rental at the Victoria Park Pavilion on March 18, 1993. That we approve a grant of $15,000.00, in the 1994 budget, to the local host committee, for the 1995 World Junior Hockey Championships, on the condition that they are successful in attracting this event to the City of Kitchener. That we renew the Grass Cutting Services Contract with K-W Habilitation Services for 1993, at a total estimated cost of $29,943. That we host the 26th Annual Athletic Awards Banquet on or about February 17, 1994, at the Kitchener Farmers Market, with the format to be the same as the 1993 banquet, being a banquet with an awards presentation; and further, That sufficient funds, to a maximum of $9,000.00, be approved for the 1994 Athletic Awards Banquet, in order to conduct it in a suitable manner befitting the achievement of the athletes and coaches being recognized. 10. That the Mayor and Clerk be authorized to sign agreements renewing the Municipal Golf Course Professionals Contracts for 1993 for Tim Skidanchuk and Frank Kobylnik, with the contract to follow the previous format and to include the following changes: (a) That the length of the contract for the 1993 golf season be April 7 - November 7, 1993, with a 2% increase in the retainer; and further (b) That notice be placed in the contract indicating that the city may change the basis of operation of various operating areas of the golf unit, including the pro shop, after termination of this agreement; and further (c) That it shall also state that the City has no obligation to purchase the pro stock of inventory, fixtures, or golf carts after this agreement, but may do so if mutually agreeable. (AS AMENDED) 11. That the rental policy for Centennial Stadium, as presented to the Community Services Committee on March 22, 1993 be approved; and further That the rental of this facility in 1993, by the K-W Track and Field Association, be credited against the financial contribution they made for upgrades to Centennial Stadium in 1992. 12. That the following people be appointed to the Parks and Recreation Advisory Committee for terms to expire as follows: (a) Mr. David Hogan - term to expire November 30, 1993; (b) Messrs. Gary Logel, Ted Bleaney, and Ms. Barbara Hallman - term to expire November 30, 1994; (c) Messrs. Don Johnny, and Craig Windley, and Ms. Florence Carbray - term to expire November 30, 1995; and further That Mr. Pat Doherty be appointed to the Parks and Recreation Advisory Committee with a term to expire November 30, 1993; and further That the Chairman and Vice-Chairman of the Community Services Committee be appointed as Council's representatives on the Parks and Recreation Advisory Committee. COMMITTEE OF THE WHOLE MINUTES MARCH 29, 1993 A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER 1. Temporary Construction Easement - ROCKWAY-ST. MARY'S WARD It was resolved: "That the City of Kitchener accepts the offer from Carol and Stan Knell to extend to the City a temporary construction easement along the easterly boundary of their property known as 173 Kent Avenue at a cost of $75.00 per month calculated for a minimum of 6 months, and further providing for replacement of damaged plant material and installation of a new chain link fence." 2. Banner Request It was resolved: "That in conjunction with the Manulife Ride for Heart to be held in Kitchener and Waterloo on Sunday, June 6, 1993, to raise funds for the Heart and Stroke Foundation of Ontario, we grant permission for erection of a banner on King Street at Frederick/Benton Streets from Monday, May 17, 1993 to Sunday, June 6, 1993 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 3. Multicultural Festival It was resolved: "That in conjunction with the Multicultural Festival and all activities connected therewith to be held at Victoria Park Saturday, July 3, 1993, and Sunday, July 4, 1993, the week of June 28th to July 4th, 1993 inclusive be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a 'Community Festival' within Kitchener." 4. Industrial Land Consents - BRIDGEPORT NORTH WARD & FAIRVIEW WARD It was resolved: "That the City consent to a transfer from Henry August Beule and Ursel Gerda Beule to 966096 Ontario Limited for the property described as Part 2 on Reference Plan 58R-4498 and municipally known as 81 Hollinger Crescent, Kitchener." -and- "That the City consent to a transfer from National Bank of Canada to Globe Stamping Company Limited for the property described as Lots 17 and 19, Registrar's Compiled Plan 1478 and municipally known as 151 Trillium Drive, Kitchener." COMMITTEE OF THE WHOLE MINUTES MARCH 29, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Encroachment Aqreement - CHICOPEE WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owners of Part Lot 137, Plan 1310, known as 249 Morgan Avenue, to legalize the frame addition as it encroaches 4.1 feet, more or less, onto a sewer easement." Tenders It was resolved: "That tender T92-94, Two - 26,308 kg Tandem Rear Axle Conventional Cab and Chassis, 12 cu. yd. Dual Spinner, Two-Way Sander Dump Body, One Way Plow and High Levelling Wing, be awarded to Parkway Ford Sales, Waterloo at their tendered price of $216,020., plus optional radios, GST and PST." - and - "That tender T93-11, Warren Road Reconstruction (Greenbrook Drive to Cyprus Drive), be awarded to J. Weber Contracting Limited, Breslau, at their tendered price of $337,588.21 plus G.S.T." - and - "That tender T93-32, Fleet Vehicles (Automobiles and Pickups), be awarded as follows: Item #1 - to Waterloo North Mazda, Waterloo at their tendered price of $47,225. plus G.S.T. and P.S.T. Item #2 - to Kieswetter Motors Inc., Kitchener at their tendered price of $46,050. plus G.S.T. and P.S.T." - and - "That tender T93-33, Acer or Compaq Computer Systems, be awarded to 5D Computer Systems, Waterloo, at their tendered price of $266,720. plus G.S.T. and P.S.T." - and - "That tender T93-19, College Street Reconstruction (from King Street to Duke Street) be awarded to Steed and Evans Limited, Kitchener at their tendered price of $227,087.22 (plus G.S.T.)." Consent to Transfer - 100 Campbell Avenue (Unit 4, Level I) Council was in receipt this date of a report and recommendation from Mr. J. Shivas dated March 25, 1993 pursuant to restrictions in the original deed from the City. It was resolved: "That the City consent to a transfer from 781198 Ontario Limited to Andrej Kula and Michael Peter Pqaleczny for the property described as Unit 4, Level 1, W.N.C.C. Plan 165 and municipally known as Unit #4, 100 Campbell Avenue, Kitchener." COMMITTEE OF THE WHOLE MINUTES MARCH 29, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Consent to Transfer and Lease - 565 Trillium Drive (Units 3 & 4) Council was in receipt this date of a report and recommendation from Mr. J. ShiYas dated March 29, 1993 pursuant to restrictions in the original deed from the City. Consent to Transfer and Lease - 565 Trillium Drive (Units 3 & 4) (Cont'd) It was resolved: "That the City consent to a transfer of Unit #4 and lease of Unit #3 from Waechtersbach Canada Limited to Edward Stickel, In Trust for the Waterloo North Condominium Corporation Plan 185, municipally known as 565 Trillium Drive, Kitchener." Quit Claim Deed - 150 Alpine Road Council was in receipt this date of a report and recommendation from Mr. J. Shivas dated March 29, 1993 concerning a request for confirmation that the restrictive covenants included in the original deed to J.C. Hallman Properties Limited have been complied with. It was resolved: "That the City confirms that on March 29, 1993 the property municipally known as 150 Alpine Road complied with all of the restrictive covenants except Section 5, set out in Instrument No. 296987; and that the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City contained in Section 5 of Schedule 'A' to Instrument No. 296987 respecting Part 6 on Reference Plan 58R-2570 and municipally known as 150 Alpine Road, Kitchener."