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HomeMy WebLinkAboutCouncil Minutes - 1993-04-26COUNCIL\1993-04-26 COUNCIL MINUTES APRIL 26, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present except Alderman J. Ziegler who entered the meeting shortly after its commencement. Prior to acceptance of the minutes of the regular Council meeting held April 13, 1993, Alderman M. Yantzi advised that at that meeting he had overlooked disclosing a conflict of interest and abstention when clause 1 of the Planning and Economic Development Committee report was dealt with. For the record, he now disclosed such conflict since his personal residence is located within the area affected by the Flood Plain Planning Policies. On motion by Alderman G. Lorentz, the minutes of the regular and special meetings held on April 13, 1993, as mailed to the Mayor and Aldermen, were accepted. A. Communication referred directly to file (1) Letter from Mr. Jeff Foster, Special Assistant to the Prime Minister of Canada, acknowledging receipt of correspondence arising out of Council's March 29, 1993 resolution addressing the issue of the North American Free Trade Agreement. B. Communication referred to Committee of the Whole (1) Letter dated April 21, 1993 from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk to Members of Council relative to applications for cancellation, refund, reduction or levy of taxes. Mr. Dusan Vejvoda, 42 Rutherford Drive, appeared as a delegation in support of clause 5 of the report of the Planning & Economic Development Committee of this date. Moved by Alderman C. Weylie Seconded by Alderman B. Stortz That clause 5 of the report of the Planning & Economic Development Committee of this date be adopted. Carried. Mr. Wayne Metter, 205 Bridge Street, New Dundee, appeared as a delegation in support of clause 2 of the report of the Community Services Committee of this date. Moved by Alderman G. Lorentz Seconded by Alderman C. Zehr That clause 2 of the report of the Community Services Committee of this date be adopted. Carried. Mr. M. Todorovich appeared as a delegation in support of clause 4 of the report of the Planning and Economic Development Committee of this date. Moved by Alderman C. Weylie Seconded by Alderman B. Stortz That clause 4 of the report of the Planning and Economic Development Committee of this date be adopted. Carried. Mrs. N. Brawley and Mr. R. Braun appeared as delegations on behalf of the Kitchener Downtown Business Association to present a $25,000 cheque from the Association to the City towards cost of the ice cleaning equipment for the Ice Rink being installed at the new City Hall. Alderman M. Wagner expressed the City's appreciation for this financial contribution. Alderman J. Ziegler entered the meeting at this point. COUNCIL MINUTES - 183 - APRIL 26, 1993 Mr. Joe Amorim, Amorim Foods Limited, 410 King Street N, Waterloo, appeared as a delegation representing Harvey's Restaurants in Kitchener and Waterloo in association with the Twin Cities Optimist Club and the Waterloo Regional Police Bike Safety Program to request permission to hold a bicycle safety rodeo in Victoria Park on Sunday, June 6, 1993. He noted that this was a non-profit community event that was designed to teach and reinforce bicycle safety for all children in the Twin Cities. In a submission dated April 26, 1993, he advised that permission was being requested from the City to use the park grounds and the parking lot adjacent to the pavilion and also to allow the Twin Cities Optimist Club to use the park to barbecue and sell hot dogs and drinks to raise money for the Club's Community Youth Programs. All products sold will be supplied free by Kitchener-Waterloo Harvey's Restaurants. Members of Council discussed objections that were received last year as well as the merits of the request. City Council was in receipt of a memorandum dated April 23, 1993 from the Manager of Licensing commenting on the request and its implication in respect to other vendors and refreshment stands operating in Victoria Park. Attached to the memorandum was an undated letter from the Optimist Club pertaining to this matter. Members of Council were supportive of the request and favoured such community events in a public facility such as Victoria Park. Moved by Alderman J. Ziegler Seconded by Alderman M. Wagner That the Optimist Club of Twin Cities be granted permission to operate a refreshment stand in Victoria Park on June 6, 1993, provided that the necessary licence and Health and Fire approval are obtained and further that the charitable licence fee of $1 be applicable. Carried. Mr. Thomas Tam appeared as a delegation on behalf of the Good Neighbours Council to present the annual Good Neighbour Award for 1992 to Patricia Weiler for being such a good neighbour. Mayor D.V. Cardillo also presented a certificate to Mrs. Weiler from the Ministry of Citizenship. Mr. Les Rudrum, Chairman of the House Painting Committee of the Kitchener Citizens Beautification Committee appeared as a delegation to assist Mayor D.V. Cardillo in presenting Certificates of Appreciation to volunteers who have assisted over the years with the annual Kitchener Citizens Beautification Committee House Painting Project. Mr. Rudrum described the annual project and acknowledged companies for donations of paint, food and refreshment for the volunteers and supply of a smoke detector for each home painted. He indicated that in 1992 the project was short of funds and that the Painters Union had donated funds to cover required insurance for the project. Finally, he expressed appreciation to the City for its annual grant and with Mayor D.V. Cardillo presented Certificates of Appreciation to numerous volunteers. In connection with the proclamation of Volunteer Week, April 18-24, 1993, Mayor D.V. Cardillo, assisted by Mr. R. Arnot, conveyed appreciation of City Council to volunteers who have assisted the Kitchener Parks & Recreation Department over the past year. Mayor D.V. Cardillo presented volunteer appreciation mementos to the following individuals representing all the volunteers within the categories listed: Name of Person Representing the following Volunteers Noel Phillips Barry Forfitt Verna Struke Dennis Dakin Julie Vohra Chris Smith Don Counsineau Judy Padfield David Smith Corey Lapell Norma Blake Acquatics Community Centres Seniors Athletic Special Needs Playground Committee Winter Rink Neighbourhood Association Volunteer In Training Program Arts & Culture Corporate Assistance Award - Cap Communications Mr. R. Arnot thanked the volunteer representatives in attendance this date who were actually representing all volunteers who contribute their time towards services offered through the Kitchener Parks & Recreation Department. COUNCIL M/NIYFES - 184 - APRIL 26, 1993 Mrs. Nancy Brawley appeared as a delegation on behalf of the Downtown Business Association in support of clause 5 of the report of the Public Works & Transportation Committee of this date. Mrs. Brawley commented on the 1993 grant request and a procedural error that had taken place but nevertheless advised that Arts Fest was in need of designation of June 17-19 as a period of Civic Celebration. Alderman B. Stortz commented that the Arts Fest initiative was now starting to takeoff. Members of Council referred to a letter dated April 21, 1993 from the Manager of Licensing, recommending that clause 5 of the report be deferred and referred to the next meeting of the Finance and Administration Committee for consideration in conjunction with a report outlining the concerns that licensing staff have with such designation. Mr. R.W. Pritchard clarified that the Civic Celebration designation that Arts Fest received in 1992 was tied into the 125th Canada Birthday Celebrations. Moved by Alderman J. Smola Seconded by Alderman M. Wagner That clause 5 of the Public Works and Transportation Committee report of this date be adopted. Carried. Mayor D.V. Cardillo announced that Mr. Junius Lockhart who was present in the Council Chambers this date would be celebrating his 90th Birthday on April 27 and called upon Mr. Lockhart to receive a presentation. Council Members and those in the Chamber stood to applaud Mr. Lockhart who then offered some remarks on civic matters. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That the report of the Planning and Economic Development Committee of Council of this date be adopted. It was requested that if clause 3 was adopted it be forwarded to Mr. lan Cook, President, Kitchener- Waterloo Homebuilders Association. Alderman T. Galloway questioned the notification procedure in respect to clause 6 dealing with the draft Grand River Conservation Corridor Conservation Plan and whether or not there were any mailings take place over and above the newspaper advertisement. Mr. F.S. Graham advised that no direct mailing was undertaken and that the Kitchener Open House was being held on behalf of the G.R.C.A. Alderman Galloway indicated that he would personally advise the Pinegrove Neighbourhood Association of the Open House. The report was then put to a vote. Voted on clause by clause. Clauses 4 & 5 - Dealt with under delegations and Carried. Balance of Report - Carried. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That the report of the City Hall Steering Committee of this date be adopted. Carried. Moved by Alderman G. Lorentz Seconded by Alderman C. Zehr That the report of the Community Services Committee of this date, be adopted. Alderman J. Ziegler referred to clause 3 of the report and stated that he would like to see outdoor facilities have a designated smoking area and suggested that aspect could be dealt with in the guidelines that staff were developing. Mr. F.S. Graham commented that declaring facilities smoke free effective June 1, 1993 may cause problems for groups that have already booked for 1993 and that he has notified all client groups of the change. Alderman Lorentz cautioned that the change in policy could have a financial impact on the operations of Kitchener facilities. On motion, it was agreed to amend clause 3 so as to COUNCIL MINUTES - 185 - APRIL 26, 1993 provide for discussion of the policy by the Community Services Committee on May 17 rather than on May 3, 1993. On motion it was agreed to add an additional clause numbered as 5 to the report dealing with endorsement of the Environmental Adopt-a-Program which was discussed at the Community Services Committee but not voted upon. The report was then put to a vote. Voted on clause by clause. Clause 2 - Dealt with under delegations and Carried. Clause 3 - Carried (As Amended). Balance of Report - Carried. Alderman J. Smola referred to the contents of a neighbourhood letter asking that Kiwanis Park be kept open and he advised that an Executive Meeting of the Grand River Conservation Authority was being held on Friday, April 30, 1993 to discuss the status of Kiwanis Park. Alderman M. Wagner advised that the Twin City Committee at its last meeting had also discussed the continued operation of Kiwanis Park and had recommended that the park be open in 1993 and that a committee should be formed from the Twin Cities and the G.R.C.A. to investigate co-operative operation in future. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That the report of the Environmental Committee of this date be adopted. Alderman M. Wagner commented that the Adopt-a-Program was a unique all-inclusive approach to environmental matters and requested that anyone with an interest in assisting with the program contact either the Parks & Recreation Department or Ms. Nancy Finkle. The report was then put to a vote. Voted on clause by clause. Clause 1 - Carried (As amended). Balance of Report - Carried. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That the report of the Finance and Administration Committee of this date be adopted. Carried. 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. Alderman G. Lorentz referred to clause 1 of the report which addresses ongoing flooding problems on various streets in Forest Heights as a result of unauthorized stormdrain connections to the sanitary sewer system. He indicated that the City would be requesting access to certain properties on various streets and that following the inspections a report would be brought back to the Committee. Alderman C. Zehr commented on a similar problem that exists in Chicopee Ward. The report was then put to a vote. Voted on clause by clause. COUNCIL M/NIYFES - 186 - APRIL 26, 1993 Clause 5 - Dealt with under delegations and Carried. Balance of Report- Carried. Alderman M. Yantzi advised of an upcoming event to be held in Victoria Park on Sunday evening, May 2 which would feature various entertainers, artists, food and refreshments. Alderman C. Zehr commented on a new agreement being entered into with Ontario Hydro relative to the level of maintenance of hydro corridors. Mr. F.S. Graham acknowledged that the City has been cutting back on maintenance of certain public lands and encouraging the naturalization process. Alderman Zehr suggested that neighbours abutting such open space lands should be consulted in order to seek their understanding of the maintenance policies. Mr. F.S. Graham advised that he would bring a report on this matter to the Community Services Committee. Alderman G. Lorentz referred to a memorandum written this date from Mr. R. Arnot to Mr. T. McKay concerning the subject of use of City Computer Equipment by neighbourhood associations in Community Centres. It was agreed that this subject be referred to the Community Services Committee for consideration. Alderman J. Ziegler questioned the City's Weed/Fertilizer Spraying Policies in its parks. Mr. F.S. Graham advised that the City has a very limited spraying program and that spraying was only undertaken in areas of high use when good quality turf is required by user sports groups. Alderman Ziegler requested that staff respond to the individual who had written to the City in this regard. Mayor D.V. Cardillo commented on the annual proliferation of painting company advertising signs throughout the City and confirmed that City staff were removing such signs from public lands and notifying the affected companies that such signs were in storage and could be retrieved. Prior to consideration of the by-laws, Mr. R.W. Pritchard requested Council's consent to add an additional by-law to the agenda for three readings this date that would govern and regulate the finances of the City for 1993 and provide for the payment of taxes after interim taxes. Alderman C. Zehr suggested that the recently announced Provincial Government reductions in planned 1993 municipal grant allocations would result in a shortfall of revenue required for municipal operations and was therefore complicating consideration of the annual mill rate by-law since the rate that has now been established may not be sufficient to cover current operations expenditures. He advised that following the Provincial cutback announcement, he had asked staff to attempt to determine the effects of the Provincial actions on the City's budget. Subsequent consideration of information released by the Province indicates that the City could be impacted by as much as $700,000 in grant reductions. This reduction would have to be offset by a combination of reduced expenditures or reconsideration of the mill rate that has been established and delay of the by-law proposed for consideration this date. Such delay in passing the by-law would mean that the June 1 payment date for collection of taxes could not be met and result in loss of $100,000 interest earnings for a two-week delay. Further comments regarding the impact of the Provincial grant reductions took place and it was agreed that a special budget session of the Finance and Administration Committee should be called as soon as details of the provincial grant reductions are available from the Province. By general consent, Council agreed to Mr. R.W. Pritchard's request to add the by-law regulating finances and providing for payment of taxes for three readings this date. Moved by Alderman M. Wagner Seconded by Alderman C. Weylie That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) To further amend By-law No. 88-173, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (b) Being a by-law to amend By-law 4830 known as the Zoning By-law - Karen Ellen Gysbers - Hoffman Street - No. 92/40/H/PMc (c) Being a by-law to amend By-law 4830 known as the Zoning By-law - Lyle, Helen and Sheila Nunn - Schweitzer Street - No. 92/28/S/PMc COUNCIL M/NIYFES - 187 - APRIL 26, 1993 (d) To confirm all actions and proceedings of the Council (e) Being a by-law to exempt a certain lot from Part Lot Control - Part Lot 1, Registered Plan 267 and Part Block A, Registered Plan 914 - Prospect Avenue (f) Being a by-law to amend By-law 4830 known as the Zoning By-law - Ivan and Dragica Crnekovic- King Street East - No. 89/14/K/ZJ (g) Being a by-law to amend By-law 4830 known as the Zoning By-law - Eva Vejvoda - Rutherford Drive - No. 93/01/R/PMc (h) Being a by-law to amend By-law 4830 known as the Zoning By-law - Milan and Rada Todorovic- Victoria Street North - No. 92/38NNL (i) Being a by-law to close Kilkerran Crescent for vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (J) Being a by-law to govern and regulate the finances of the City of Kitchener for the fiscal year ending December 31, 1993 and to provide for the payment of taxes after interim taxes 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 G. Lorentz as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. Moved by Alderman G. Lorentz Seconded by Alderman B. Stortz 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. Moved by Alderman M. Wagner Seconded by Alderman C. Weylie That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-173, 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. 93-80) (b) Being a by-law to amend By-law 4830 known as the Zoning By-law - Karen Ellen Gysbers - Hoffman Street - No. 92/40/H/PMc (By-law No. 93-81) (c) Being a by-law to amend By-law 4830 known as the Zoning By-law - Lyle, Helen and Sheila Nunn - Schweitzer Street - No. 92/28/S/PMc (By-law No. 93-82) (d) To confirm all actions and proceedings of the Council COUNCIL ~VHNUTES (e) (f) (g) (h) (i) (J) - 188- APRIL B6, 1993 (By-law No. 93-83) Being a by-law to exempt a certain lot from Part Lot Control - Part Lot 1, Registered Plan 267 and Part Block A, Registered Plan 914 - Prospect Avenue (By-law No, 93-84) Being a by-law to amend By-law 4830 known as the Zoning By-law - Ivan and Dragica Crnekovic- King Street East - No, 89/14/K/ZJ (By-law No, 93-85) Being a by-law to amend By-law 4830 known as the Zoning By-law - Eva Vejvoda - Rutherford Drive - No. 93/01/R/PMc (By-law No. 93-86) Being a by-law to amend By-law 4830 known as the Zoning By-law - Milan and Rada Todorovic- Victoria Street North - No. 92138NNL (By-law No. 93-87) Being a by-law to close Kilkerran Crescent for vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 93-88) Being a by-law to govern and regulate the finances of the City of Kitchener for the fiscal year ending December 31, 1993 and to provide for the payment of taxes after interim taxes (By-law No. 93-89) 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 M/NIYFES - 189 - APRIL 26, 1993 REPORTS ADOPTED BY COUNCIL - APRIL 26, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That consideration of Kitchener Staff Report PD 43/93 responding to Township of Woolwich Zone Change Application 90/15, (Rama Investments) be deferred and referred to the Planning and Economic Development Committee meeting to be held on May 3, 1993. That Council accept the Staff Report PD 32~93 on vacancy rates for information and direct staff to make the document available to Canada Mortgage and Housing Corporation, the Ministry of Housing and those persons requesting information about the local housing market. That Council request the Ministry of Housing to continue its support of the Rent Supplement Program in order to take advantage of vacant units in private rental housing that match the needs of applicants currently waiting for rent-geared-to-income units and to allocate additional subsidy dollars to the North Waterloo Housing Authority for their use in establishing new landlord rent supplement agreements. That Zone Change Application 92138NNL (Milan and Rada Todorovic) requesting a change in zoning from Semi-Restricted Residential (R2) to Semi-Restricted Residential (R2B) with a restriction of use and special regulations on Part of Lot 5, Registered Plan 79, be approved, in the form shown on the form shown in the Proposed By-law attached dated March 8, 1993, as revised April 19, 1993 to allow the required off street parking space to be located 0.0 (zero) metres from the street line and to allow a reduction in the minimum parking space length from 5.49 metres (18 feet) to 4.98 metres (16.33 feet), without conditions. 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) That Zone Change Application 93/1/R/PMc (Eva Vejvoda) requesting a change in zoning from Restricted Residential (R2A) with an extension of use and special regulations to Restricted Residential (R2A) with a further extension of use and further special regulations on Part of Lot 5, Registered Plan 742, be approved in the form shown in the proposed By-law attached, dated March 17, 1993, without conditions. 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) That City of Kitchener Staff be directed to hold a Public Open House for Kitchener residents and property owners concerning the Draft Grand River Corridor Conservation Plan on Wednesday, April 28, 1993 from 7:00 p.m. to 9:30 p.m. in Committee Room #4, 4th Floor, 22 Frederick Street. Further, that a Staff Report concerning the issues and comments identified at the Public Open House be considered at the May 17, 1993 meeting of the Planning and Economic Development Committee. CITY HALL STEERING COMMITTEE That Tender T93-41 in the amount of $342,606 be awarded to Ainsworth Electric Co. Ltd., and that Tender T93-34 in the amount of $256,499 be awarded to BMV Communications (a Division of Black and McDonald Ltd.), and further that $29,105 be taken from the Construction Contingency Account to cover the cost beyond the budgeted amount. COUNCIL M/NIYFES - 190 - APRIL 26, 1993 That the Contract for the supply of executive furniture be awarded to Krug Furniture Inc. at their negotiated price of $86,521.58 taxes, delivery and installation included. COMMUNITY SERVICES COMMITTEE APRIL 26, 1993 That we approve an in-kind transportation grant, in the amount of $4,000, for the Conestoga Trail '93 Lions Convention, to take place in Kitchener-Waterloo from May 13-16, 1993. That private hot air balloon pilots, who take off from City owned property, be required to maintain a $1,000,000 insurance policy; and further, That only commercial hot air balloon pilots, and not private hot air balloon pilots, be required to enter into an indemnity agreement with the City of Kitchener when taking off from City owned property. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That all City owned indoor facilities and outdoor seating facilities be declared smoke free effective June 1, 1993; and further, That staff develop guidelines for the enforcement of this policy; and further, That staff discuss this policy with its primary tenants and report back to the Community Services Committee at its meeting of May 17, 1993. (AS AMENDED) That we invite the Federation of Canadian Municipalities to hold a meeting of their National Board of Directors in the City of Kitchener in 1994-1995. That the Environmental Committee endorses the Adopt-a-Program, provided that it is carried out without any implications to the Environmental Committee Budget. ENVIRONMENTAL COMMITTEE That the Environmental Committee endorses the Adopt-a-Program, provided that it is carried out without any implications to the Environmental Committee Budget. (AS AMENDED) That Mr. C. Ford be authorized to review the nominations for the position on the International Council for Local Environmental Initiatives and vote for 15 people. FINANCE AND ADMINISTRATION COMMITTEE That the Manager of Licensing be authorized to issue an Ice Cream Vehicle Driver Licence to Mr. Jeff Herter. That no action be taken on the application of Mr. Jeff Cave for an Ice Cream Vehicle Driver Licence. That with regard to the licence applications referred to the Finance and Administration Committee for consideration due to the applicants having a prior criminal record, Licensing staff be authorized to issue a licence without the above referral in the event a licence was issued in the previous year and there have been no subsequent criminal convictions. That Council agree to postpone to July 26, 1993 the payment date for lot levy charges ($51,612.00) and costs relative to service laterals ($28,600.00) for the 1993 Jimmy Carter Work Project sponsored by Habitat for Humanity, subject to the applicant entering into and registering on title a development charges agreement satisfactory to the City Solicitor, and further, COUNCIL M/NIYFES - 191 - APRIL 26, 1993 That with regard to the service lateral costs the City absorb any carrying charges resulting from the above postponement. FINANCE AND ADMINISTRATION COMMITTEE APRIL 26, 1993 5. That effective April 30, 1993 the Department of Transportation be dissolved, and, That effective May 1, 1993 the present Transportation Divisions be relocated as follows: a) Traffic and Parking (Director, Don Snow) to the Department of Public Works and Engineering; b) Transit (Director, Walter Beck) to the Department of Administrative Services; c) Fleet (Director, Barney Gulliver) to the Department of General Services, and further, That effective September 1, 1993, a new Division entitled "Project Management and Building Services" under the directorship of Laurier Proulx, be created and form part of the Department of General Services. That the City Solicitor make application to the Province of Ontario for special legislation which would allow the City of Kitchener to licence, regulate and prohibit the sale of fireworks with respect to Specific Location Daily Sales Licences, and further, That the above application also include authority to charge a fee of $1,000.00 for the licence to be issued to the fireworks vendor, and an identical fee for the licence to the owner of the property used by the fireworks licensee. That revised Policy #1-760 (Banner Installation) as appended to the memorandum of Ms. D. Gilchrist dated April 6, 1993 be approved. That proposed Policy #1-26 relative to the flying of flags at the new City Hall, as appended to the report of Mr. R.W. Pritchard dated April 14, 1993, be approved, and further, That existing Council Policy #1-37 be amended to provide that all proclamation requests be referred to the Mayor or City Council for consideration. That Mr. Art Brewer be appointed the City's Valuer of Livestock and Poultry under the provisions of Section 4 of the Livestock, Poultry and Honey Bee Protection Act, R.S.O. 1990. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That the Building Division of the Department of Planning and Development be instructed to carry out inspections on designated streets in the Forest Heights area to determine the extent of unauthorized connections of such things as foundation drains to the sanitary sewer system. That the Mayor and Clerk be authorized to execute a Service Agreement with Henley Consulting Inc. regarding the provision of One Call Locate Services, and further, That the Mayor and Clerk be authorized to execute a Primary Members Agreement outlining the commitments of the consortium of organizations who co-operatively support the One Call Utility Locate System. 3. That stop controls be installed at the following intersections: Calmcrest Drive at Briar Knoll Drive Briar Knoll Place at Briar Knoll Drive Briargate Drive at Greenbrook Drive COUNCIL 1VHNUTES - 192 - Greenock Drive at Briargate Drive Colebrook Court at Colebrook Court Kimberly Crescent at Cartier Drive (both intersections), and further, That the Uniform Traffic By-law be amended accordingly. APRIL 26, 1993 PUBLIC WORKS AND TRANSPORTATION COMMITTEE APRIL 26, 1993 That Dooley Drive between Bradley Drive and Simpson Avenue be closed from 4:30 p.m. on Sunday, May 16, 1993 to 10:00 p.m., with a rain date of Sunday, June 6, 1993, for the purpose of a street party and that the appropriate by-law under Section 352 (61) of the Municipal Act be enacted, and further, That the expenditure to accommodate this event be charged to the appropriate account number. That the City of Kitchener supports the Kitchener Downtown Business Association's proposed 1993 special events program, and further, That the Kitchener Downtown Business Association cover the costs for all closures, and further, That the appropriate by-law under Section 352(61) of the Municipal Act be enacted for each road closure, and further, That the Arts Fest to be held from June 17 to June 19th inclusive, be proclaimed as a period of Civic Celebration within the City of Kitchener. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That Chopin Drive be closed between Westmount Road and Markwood Drive on Monday, May 24, 1993, between the hours of 4:00 p.m. to 10:00 p.m. and that a rain date of May 29, 1993, also be approved, and further, That the appropriate by-law under Section 352(61) of the Municipal Act be enacted, and further, That the physical work required to close Chopin Drive be undertaken by the City of Kitchener at no cost to the Victoria Hills Neighbourhood Association. That Kilkerran Crescent between Biehn Drive and Kilbirnie Court be closed from 12:00 p.m. on Saturday, May 1, 1993 to 6:00 p.m. for the purpose of a street party and that the appropriate by- law under Section 352(61) of the Municipal Act be enacted, and further, That the expenditure to accommodate this event be charged to the appropriate account number. That Manor Drive between the south intersection of Lewis Crescent and the north intersection of Lewis Crescent be closed from 8:00 p.m. on Monday, May 24, 1993 to 10:30 p.m. for the purpose of a street party and that the appropritate by-law under Section 352(61) of the Municipal Act be enacted, and further, That the expenditure to accommodate this event be charged to the appropriate account number. COMMITTEE OF THE WHOLE MINUTES APRIL 26, 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. Purchase from City It was resolved: "That upon the closing of the real estate transaction with Prag Services Inc., the conveyance of Part Lots 210 and 211, Plan 303, on Charles Street East be given as may be directed by Prag Services Inc., and further, That the Mayor and Clerk be authorized to execute any further documentation as required by the City Solicitor to complete the transaction." 2.Automated Bankinq Machine - License Aqreement It was resolved: "That the amending agreement between the Toronto-Dominion Bank and The Corporation of the City of Kitchener as to the Automated Banking Machine at the Transportation Centre be executed by the Mayor and Clerk." 3.Refreshment Stand Licence It was resolved: "That the 7th Kitchener Scouts be granted permission to opeate a refreshment stand, in the parking lot at 370 Highland Road West, Kitchener, on May 8, 1993 from 9:00 a.m. to 6:00 p.m., provided tht the necessary Licence and Health and Fire approvals are obtained." 4. Encroachment Aqreement - Sidewalk Patio It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner/operators of Especially Coffee to permit the use of six (6) feet of sidewalk directly in front of Especially Coffee, located at 10 King Street East, for the creation of a sidewalk patio to be operated for the 1993 season, and further, That the resolution adopted by Council on April 13, 1993 with respect to this matter be rescinded." 5.Application for Minor Variance (Siqn) It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of April 14, 1993, recommending approval of Submission No. S2/93 Kitchener Housing Inc. - Be Ratified and Confirmed." COMMITTEE OF THE WHOLE MINUTES APRIL 26, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 6.Various Tenders Alderman B. Stortz referred to Tender T93-6 respecting moving services to the new City Hall and in response, Mr. L. Gordon advised that the costs for moving to the new City Hall were substantially under budget. Alderman C. Zehr referred to Tender T93-44 for sidewalk snow plows and in response, Mr. L. Gordon advised that the City was acquiring multiple use equipment that was not limited to seasonal operation. It was resolved: "That tender T93-2, Road Construction, be awarded to Warren Bitulithic Limited, Kitchener at their tendered price of $557,283.99., which includes all applicable taxes." - and - "That tender T93-6, Moving Services - New City Hall, be awarded to Tippet-Richardson Limited, Kitchener at their tendered price of $71,900. plus G.S.T." - and - "That tender T93-39, Printing Equipment, be awarded to AM International Inc., Burlington, at their tendered price of $112,170., plus P.S.T. and G.S.T." - and - "That tender T93-40, Parks, Open Space and HEPC Planting, be awarded to John's Nursery Limited, Waterloo at their tendered price of $57,387. plus G.S.T." - and - "That tender T93-44, Sidewalk Snow Plows, be awarded to Work Equipment Ltd., Courtland, Ontario at their tendered price of $197,973., plus optional sidewalk sweepers, PTO driven snow blowers, P.S.T. and G.S.T." Applications for Cancellation, Refund, Reduction or Levy of Taxes - April 26, 1993 Hearinq 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." Alderman C. Zehr disclosed a conflict of interest and abstained from all discussion and voting with respect to Item No. 279 as the applicant was a client. Alderman C. Weylie disclosed a conflict of interest and abstained from all discussion and voting with respect to Item Nos. 249 and 250 as she is an employee of the applicant. 8. Consent to Transfer - 565 Trillium Drive It was resolved: "That the City consent to a transfer from Waechtersbach Canada Limited to Relat Holdings Limited for the property described as Unit #6, Waterloo North Condominium Corporation Plan No. 185 and municipally known as Unit 6, 565 Trillium Drive, Kitchener." COMMITTEE OF THE WHOLE MINUTES APRIL 26, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)