Loading...
HomeMy WebLinkAboutCouncil Minutes - 1993-07-12COUNCIL\1993-07-12 COUNCIL MINUTES JULY 12, 1993 The Council of the Corporation of the City of Kitchener met this date with all members present. Mayor D.V. Cardillo advised those present that this Council meeting would be the last to be held in the present Council Chambers and that the August 23, 1993 Council meeting would be held in a Committee Room in City Hall with the regular September Council meeting being held in the Council Chambers of the new City Hall. On motion by Alderman T. Galloway, the minutes of the regular meeting held on June 21, 1993, as mailed to the Mayor and Aldermen, were accepted. A. Communications referred directly to file (1) Letter from Technology to the North the Honourable Michael T. Wilson, Minister of Industry, Science and and Minister for International Trade, responding to Council's resolution relative American Free Trade Agreement. (2) Letters from the Townships of Wellesley and Wilmot supporting Council's recent resolution condemning racist organizations, etc. Letter from the City of Niagara Falls advising that a similar resolution was enacted by its Council on February 1, 1993. (3) Letter dated July 7, 1993 from Mr. Ray Alarie, President, Deer Ridge Golf Club, advising that the Club has withdrawn its request for an agreement under Section 23 of the Assessment Act. Upon receipt of this withdrawal request, the Finance and Administration Committee's previous recommendation on which City Council deferred action on June 21, 1993 has been withdrawn from the July 12 Committee report. Mayor D.V. Cardillo introduced Ms. Terry Young who is the first of two secondary school students being appointed as Page to Council under the Partnership Program with Kitchener Collegiate Institute and Resurrection Catholic Secondary School. Mayor Cardillo advised that Ms. Young would be entering Grade 11 at Resurrection in September. Mr. Merv Villemaire appeared as a delegation with respect to an application for demolition of 62-66 Weber Street East. Mr. Villemaire pointed out that staff have advised that the only way for the matter to be dealt with was to first seek Council's approval of temporary occupancy with respect to 62 and 62 1/2 Weber Street which were not zoned for a commercial parking lot. He advised that the proposed use met the standard criteria of the City with respect to consideration of temporary occupancy in that the property complies with the Official Plan, no building permit is required, a zone change by the City is underway and the applicant would assume all liability in the event the necessary approvals were not forthcoming. Further, he stated that all the properties were owned by the same owner and merged. In response to Alderman B. Stortz, Mr. Villemaire advised that staff have agreed to consider the demolition application once approval for temporary occupancy has been received. In response to Alderman M. Yantzi, Mr. Villemaire confirmed that there was a shortage of parking at 82 Weber Street East which would be alleviated with development of this parking lot. Mr. T. McCabe pointed out that normally Zone Change Applications involving temporary occupancy would take approximately 6 to 8 months; however, in this case the property involves Stage 6 of Zoning By-law 85-1 which was unlikely to be considered by the Ontario Municipal Board until 1995. Mr. McCabe stated that the request for temporary occupancy represented a zoning hurdle that must be overcome before consideration of the demolition application and issuance of a permit. Alderman B. Stortz commented that since the houses in question were past reclamation, he was requesting that Mr. Villemaire provide significant concessions on the matter of buffering of the parking lot. Alderman M. Yantzi pointed out that this type of redevelopment has revenue implications for the City given the assessment and tax differential between assessed dwellings and an assessed parking lot. Alderman M. Wagner stated that this proposal was a typical example of destruction of neighbourhoods by allowing dwellings to deteriorate and he would like to see this approach stopped. Moved by Alderman B. Stortz Seconded by Alderman G. Leadston COUNCIL M/NUTES - 361 - JULY 12, 1993 That enforcement of the City's Zoning By-law be waived with respect to a proposed accessory parking lot use at 62 and 62 1/2 Weber Street East and that temporary occupancy be approved subject to the occupants vacating the said premises in the event Stage 6 of the City's Comprehensive Zoning By-law is not approved by Council or the Ontario Municipal Board in a form which would permit the said use, and further, That such temporary occupancy be subject to favourable consideration of the demolition application respecting 62-66 Weber Street East, and further, That in the event of failure to vacate as required, the City's Municipal By-law Enforcement Officer be directed to commence Notice of Action to remove the illegal use and that any work done to the premises is at the sole risk and responsibility of the owner in the event losses are incurred if Stage 6 of the City's Comprehensive Zoning By-law is not approved. Carried. Mr. Phil Taylor, Co-owner of the Pink Zone, 223 1/2 King Street West, appeared as a delegation with respect to clause 3 of the report of the Finance and Administration Committee of this date. Mr. Taylor requested that Council reverse the Committee recommendation that no action be taken to amend Chapter 504 of the Municipal Code to allow the limited operation of an Adult Entertainment Parlour in the downtown area. He stated that there were no establishments catering to the needs of members of the Gay community in the area of adult entertainment. He stressed that he was not asking Council to repeal the by-law but to just amend it to allow an establishment that could serve the Gay community. Mr. Taylor indicated that they did not propose a strip club but rather just four 15-minute shows one day per week with the balance of entertainment featuring disc jockey and karyoke. Alderman C. Zehr pointed out that the Committee recommendation should not be seen as one involving discrimination as the Municipal Code was based on a grandfathering situation of existing adult entertainment centres. Alderman B. Stortz advised that four years ago, Council dealt with the issue of additional requests for adult entertainment parlour locations and refused all requests. He indicated that if the by-law was amended at this time, it would reopen the entire issue relating to past refusals. Alderman M. Wagner commented that the matter was simply a question of law and that additional entertainment parlours were not allowed based on the existing Municipal Code. Alderman J. Ziegler stated that four years ago he did not vote to restrict adult entertainment parlours and that his preference was for Province-wide standards for their operation which would not involve a link to zoning. He emphasized that he was opposed to the principle respecting how adult entertainment parlour locations have been dealt with in the past. Alderman G. Leadston commented that one of the three existing adult entertainment parlour locations was in his ward and voiced his experiences of problems that type of activity had caused. He emphasized that such activity should be distant from residential areas and schools and asked that Council support the Committee recommendation to deny the request of Mr. Taylor. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That clause 3 of the report of the Finance and Administration Committee of this date be adopted. A requested vote was requested by Mayor D.V. Cardillo. In favour: Mayor D.V. Cardillo, Aldermen M. Wagner, J. Smola, G. Leadston, B. Stortz, T. Galloway, G. Lorentz, C. Weylie, C. Zehr and M. Yantzi. Contra: Alderman J. Ziegler. Motion Carried. Mayor D.V. Cardillo indicated that the owner of 642 Westheights Drive was in attendance respecting clause 2 of the report of the Public Works and Transportation Committee. Moved by Alderman J. Smola Seconded by Alderman M. Wagner COUNCIL M/NUTES - 362 - JULY 12, 1993 That clause 2 of the Public Works and Transportation Committee report of this date be adopted. Carried. Alderman C. Zehr commented that a meeting was held recently consisting of a number of interested parties to further discuss the question of eligibility criteria for service provided under contract by Project Lift. He noted that members of PUSH were concerned about efficiencies of the operation and that those persons who are now receiving transportation would continue to benefit. He indicated that with a new computer dispatch system coming on-line, new efficiencies are possible that may allow for greater service. In this regard, he referred to a letter dated July 9, 1993 from Mr. J. Gazzola concerning service level revisions. It was noted that a slight extension of the service to the boundary of the City of Waterloo and the City of Kitchener was proposed. However, a request has been made for the occasional trip to three specific locations outside of the twin cities being the two Waterloo markets and Waterloo Regional Police Headquarters on a trial basis. Mr. Don Craig appeared as a delegation on behalf of Project Lift respecting this matter. Alderman C. Weylie advised against expansion of the service and noted that if the service was expanded to destinations outside of the municipality, then the availability of service within the municipalities would be reduced. Further, she commented that the Project Lift service was intended to be a parallel service to Kitchener Transit and that the City was spending substantial monies to promote the Kitchener Farmers' Market and should not be subsidizing a transit service whose destination was farmers' markets outside of the municipality. Alderman M. Yantzi stated that Project Lift was a parallel transit service and the City could not justify extensions out of the municipality. Alderman G. Leadston opposed expanding the service given the lack of funding and conflict with promotion of the Kitchener Farmers' Market. Alderman J. Ziegler opposed an extension at this time and in the future as expansion of such service would raise the overall level of municipal expenditure. Alderman G. Lorentz maintained that Project Lift was not really a parallel transit service and stated that only a one kilometre extension to the existing service was being requested and stated that such extension would not cost an extra $100,000. Mr. Craig stated that Project Lift was not requesting extra funding to cover a service extension but noted that every dollar spent on an extension would mean less funding available to service other users. Alderman C. Zehr questioned the amount of displacement of other riders if an extension was to be undertaken in July and August. Moved by Alderman C. Zehr Seconded by Alderman G. Lorentz That on a trial basis for July and August, we authorize Project Lift to extend service to the Waterloo Farmers' Market. A recorded vote was requested by Alderman J. Ziegler. In favour: Lorentz. Mayor D.V. Cardillo, Aldermen C. Zehr and G. Contra: Aldermen B. Stortz, M. Yantzi, M. Wagner, J. Smola, G. Leadston, J. Ziegler, T. Galloway and C. Weylie. MOTION LOST. Mr. Anthony Kiru, McCarter, Grespan, Robson, Barristers, appeared as a delegation on behalf of Dr. William Nurse in respect to clause 4 of the report of the Planning and Economic Development Committee of this date. Alderman M. Yantzi advised that the Committee was in receipt of a letter dated July 8, 1993 from Mr. Z. Janecki advising that residents held a meeting following the July 5 Planning and Economic Development Committee meeting and were agreeable to the demolition control application being approved as outlined in Mr. Janecki's letter. Ms. Mary Lou Schultz and Wood Street residents were in attendance regarding clause 4 of the Planning and Economic Development Committee report after having participated in a meeting with the applicant to clarify the proposal and were in concurrence with Mr. Janecki's July 8 letter. COUNCIL M/NUTES - 363 - JULY 12, 1993 Alderman M. Yantzi pointed out that a plan has been put in place to hold a meeting with residents this autumn to fully discuss the future of the neighbourhood as it relates to the issue of demolition. Moved by Alderman J. Ziegler Seconded by Alderman C. Weylie That clause 4 of the Planning and Economic Development Committee report be deleted and replaced with the following: "That Demolition Control Application DC 93/01/RM (Dr. William Nurse) requesting approval for the demolition of a single detached dwelling located at 56 Wood Street legally described as Part Lots 1 and 2 of Registered Plan 438 be approved subject to the following: a) That the Site Plan, dated July 8, 1993, be approved in principle, with the final site plan to be approved by the Commissioner of Planning and Development. b) That the following conditions be approved prior to the issuance of a demolition permit for 56 Wood Street: i) That a Landscaping Plan be prepared and approved by the Director of Development ii) That a Grading and Drainage Control Plan as well as a Storm Water Management Plan be prepared and approved by the Commissioner of Public Works iii) Close any redundant driveways and install new curb and gutter and boulevard landscaping, all to City of Kitchener standards iv) Remove any redundant service connections to the satisfaction of the Commissioner of Public Works v) Submit a Letter of Credit for 100 percent of the total site works associated with conditions i) through iv)". Carried. Mr. Tom Cahill appeared as a delegation on behalf of the Kitchener Downtown Business Association with regard to clauses 3 & 4 of the report of the Public Works and Transportation Committee of this date. He stated that two months ago the KDBA had received a presentation from the Parking Committee and all the recommendations in the Committee's report were approved. He noted that the Board was generally in favour of the recommendations being considered this date but that there was a feeling that the increase of revenues should somehow be spread more evenly throughout the City. Alderman B. Stortz commented on the quality report produced by Mr. John McBride and on the responsible position taken by the KDBA on the entire matter. He acknowledged that Mr. Cahill's desire was to spread the cost of parking across a broader base and that this issue could be the subject of a future report. Mr. T. McKay pointed out that the rate changes referred to in clause 3 of the report should refer to inclusion of G.S.T. and P.S.T. Mr. J. McBride then described the schedule of revenue changes that have been proposed. Alderman M. Wagner stated that his experience has been that people do not consider the cost of parking in downtown Kitchener as an important issue. Moved by Alderman J. Smola Seconded by Alderman M. Wagner That clause 3 of the Public Works and Transportation Committee report be amended to provide for reference to including G.S.T. and P.S.T. within the stated rates and that clause 3, as amended and clause 4 of the report of the Public Works and Transportation Committee of this date be adopted. Carried. Mr. David Yake, 180 Edgehill Drive, appeared as a delegation as both a resident taxpayer and bidder respecting Tender T93-61 for the supply of a sound system to the Kitchener Memorial Auditorium COUNCIL M/NIYFES - 364 - JULY 12, 1993 Complex. He suggested that there were a number of problems with the tendering that took place and pointed out that at a meeting held on June 23 interested bidders had been requested to tender on the system that presently existed with an option to then make additions or submit an alternate proposal. He pointed out that the City had a representative, Mr. Bob Luffman to review the technical aspects of the proposal and issue his opinion. Mr. Yake stated that the three lowest bidders were called to a meeting 10 days ago and that following that meeting a decision was made on a system that in his opinion, was a downgrade of the system that was proposed. He stated that it was mainly a speak system, but they had been told the City was looking for a high level system. He suggested that the process to select the successful bidder was flawed as Mr. Luffman was unavailable to provide expertise in the final decision. Accordingly, he requested that Council re-examine the proposals before awarding the contract. Mayor D.V. Cardillo noted that three firms submitted alternate bids and Mr. Yake commented that it would only take two weeks to install such a system and Bob Luffman should have been involved in the final decision-making process. Mr. L. Gordon described the tender process and pointed out that Mr. Yake was the only bidder he was aware of that was unhappy with the process. Mr. Reg Grau explained that a meeting was held on-site with bidders and some concerns were expressed by those involved. He indicated that Bob Luffman was requested to design parameters for the system and had never had the impression that specifications were a problem with the bidders. Alderman C. Zehr stated that he would have concern if there was no critical review of the tender documents. In addition, he stated that the process for an alternate bid was not intended to be a less expensive alternative but may have been misunderstood. Mr. Grau pointed out that the Iow tender price of $56,000 matched what was requested and Mr. L. Gordon pointed out that the alternate bid at a lower price actually reflected improvements to the tender design and was not a downgrade of the system. Both Aldermen G. Leadston and T. Galloway stated that they consider the existing sound system as totally inadequate. Alderman C. Zehr indicated that he could not understand how the company could propose an alternate bid $14,000 less than the tender price and maintain that it was a comparable system. Further, he stated that he was not satisfied with the review from a technical standpoint. Mr. T. McKay indicated that award of the tender on an alternate bid basis was within his jurisdiction based on Council policy. He proposed that Mr. Luffman review the detail of the lower alternate bid once he returns from vacation and that if Mr. Luffman concurs, then the Chief Administrative Officer be authorized to award the tender. Moved by Alderman C. Zehr Seconded by Alderman G. Leadston That subject to analysis by Mr. Bob Luffman and his favourable review of the specifications and details of the alternate bid or Iow tender submitted by AOI Pro Audio, the Chief Administrative Officer be authorized to award Tender T93-61, Sound System at the Kitchener Memorial Auditorium Complex, to AOI Pro Audio, Kitchener at their tendered alternate bid price of $42,631 plus G.S.T. or at their tendered price of $56,580 plus G.S.T. Carried. Mr. Pat Scott, Ministry of Transportation, 581 Huron Road, Stratford, appeared as a delegation in support of a letter from the Ministry to the City Clerk regarding construction work on the Conestoga Parkway. Mr. Scott pointed out that due to high day time traffic volumes on the Conestoga Parkway, it was proposed to undertake paving work at night which would require an exemption from the City's Noise By-law. It was noted in the letter that because the construction work was a continuously moving operation, construction noises would not be prevalent in any one area for an extended period of time. In response to Alderman G. Lorentz, he advised that the Ministry did not have any plans to individually notify residents of the date construction work would be occurring near to their residences. Alderman Lorentz commented that it would be a courtesy to inform the residents when the work was going to take place. Alderman J. Ziegler pointed out that notice has been posted on the expressway and major roads adjacent to the expressway advising motorists of the dates the work would be taking place. Mr. Scott indicated that the Ministry could undertake to advise residents by way of community information notices placed with the media. Moved by Alderman J. Smola Seconded by Alderman G. Lorentz COUNCIL M/NUTES - 365 - JULY 12, 1993 That the request of the Ministry of Transportation, District 3, Stratford, for exemption from Chapter 450 (Noise) of the Municipal Code, be approved, respecting Ministry Tender S.D.T.03-93-05 being road repaving/reconstruction on the Conestoga Parkway from Homer Watson Boulevard to Krug Street and related service ramps. Carried. Ms. Danica Urosevic, Golden Shine, 38 Manitou Drive, appeared as a delegation with regard to Chapter 530 of the Municipal Code pertaining to dogs. Ms. Urosevic indicated that she could not comply with the conditions of her 1993 kennel licence which was issued on the basis that she comply with construction aspects of the City's by-law by July 15, 1993. Alderman J. Ziegler pointed out that Ms. Urosevic was present during Committee consideration of this matter earlier this year and was aware of the changes that had been made. He questioned if she could reduce the number of dogs being kept to ten until she could make changes in the facility so as to comply with the by-law. Ms. Urosevic advised that her desire was to maintain her licence and agreed to reduce the number of dogs being kept at the premises to ten. Alderman B. Stortz questioned if she had commenced construction of the required facility with related noise attenuation and pointed out that she had agreed six months lead time would be adequate. Ms. Urosevic indicated that she had been unable to secure financing for the renovation. Alderman J. Ziegler stated that provided she reduces the number of animals being kept to ten, he would agree to allowing her to maintain her licence. Moved by Alderman J. Ziegler Seconded by Alderman B. Stortz That we approve an extension from July 15, 1993 to October 1, 1993 to allow Golden Shine (Ms. Danica Urosevic) to fulfil kennel licensing conditions as set out in Chapter 530 of the Municipal Code. And further, that Ms. Urosevic be permitted to retain her 1993 Kennel Licence during renovation of her kennel on the condition the number of dogs being housed is reduced to no more than ten. Carried. Mr. Ron Sadler, Corrie Crescent, Waterloo, appeared as a delegation regarding the matter of collection of unpaid municipal taxes and related interest/penalty charges. Mr. Sadler distributed a copy of his submission to Members of Council. He indicated that his purpose was to appeal a Committee decision and request reconsideration of deferral of discussion of this tax issue given a growing crisis in tax collection. He focused on the 15% interest figure being charged as a penalty; however, he pointed out that municipalities in Ontario have prospered with a system focused on collection rather than on penalty. Mr. Sadler stated that both penalties and uncollected taxes have never been higher but there was no incentive in the penalty to encourage people to pay their taxes. In particular he focused on the high interest charged as a penalty which must be paid before any payments are applied to outstanding taxes. Accordingly, he proposed three recommendations: that unpaid interest should be recalculated and reduced to the rate at which the City borrows money, that unpaid interest penalty not be added to the tax principle for calculation of penalty for the following years, and that each payment should consist of a percentage against principle and a percentage against interest charges. Members of Council commented on the level of interest rates, staff efforts to assist taxpayers in making arrangements to schedule payments for outstanding taxes and the matter of exercising fairness to other taxpayers. Alderman C. Zehr advised that since the 1993 tax year was half over, the Committee chose to defer and consider the question of the interest rate on overdue taxes in conjunction with consideration of the City's 1994 budget. In response to Council's comments, Mr. Sadler repeatedly emphasized that the collection system needs to be addressed, new solutions developed and a strenuous effort made to find workable solutions for taxpayers who are in difficulty. Moved by Alderman J. Ziegler Seconded by Alderman C. Zehr That the City's procedures respecting collection of overdue taxes and applicable interest penalty COUNCIL M/NUTES - 366 - JULY 12, 1993 be referred to the Finance and Administration Committee to determine a policy that would base the interest rate penalty on certain established criteria. Carried. Following the vote, it was suggested that staff contact the Association of Municipalities of Ontario to ascertain whether the organization has dealt with this issue. 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. Voted on clause by clause. Clause 4 - Dealt with under Delegations and Carried, as amended. Balance of report - Carried. Moved by Alderman C. Zehr Seconded by Alderman B. Stortz That report of the City Hall Steering Committee report of this date be adopted. Carried. Moved by Alderman G. Lorentz Seconded by Alderman J. Smola That the report of the Community Services Committee of this date be adopted. Alderman T. Galloway disclosed a conflict of interest and abstained from all discussion of clause 2 as an immediate family member is employed at St. Aloysius Church. A question was raised as to why the City was paying for the fence alteration when the understanding was that it divides City park property and church property. Mr. F.S. Graham advised that staff initially tried to negotiate an overall deal to fix it up and put in a gate but the church was not interested. Alderman J. Ziegler pointed out that the church never admitted causing the damage and that the damage has in fact been caused at the top of the fence with people climbing it to access the City park while at the same time utilizing parking facilities available in the church parking lot. He noted that at the Committee meeting it had been agreed to open the fence up by installing a gate and thereby alleviate future similar damage. Alderman M. Wagner requested that clause 6 of the report be dealt with separately. The matter of a No Smoking Policy at the Regional level was raised and it was indicated that each municipality is being asked to appoint one member to a Regional committee. Alderman Wagner stated that he disagreed with a piecemeal approach to this matter given that there was increasing anti-smoking sentiment within society and that the decision was not strong enough and does not send the right signal on this issue. Alderman J. Ziegler referred to page 68 of the Community Services Committee minutes and noted that the guiding statement was clear and Alderman C.Zehr suggested that this statement be included as a preamble to clause 6. The report was then put to a vote. Voted on clause by clause. Clause 2 - A recorded vote was requested. In favour: Mayor D.V. Wagner, J. Smola, G. Lorentz. Cardillo and Aldermen B. Stortz, M. Leadston, C. Zehr, J. Ziegler and G. Contra: Aldermen C. Weylie and M. Yantzi. COUNCIL M/NUTES - 367 - JULY 12, 1993 Carried. Conflict of Interest and Abstention: Alderman T. Galloway, as a member of his immediate family is employed at St. Aloysius Church. On motion by Alderman J. Ziegler, seconded by Alderman M. Yantzi it was agreed to amend clause 6 to add as a preamble "the guiding statement on smoking policy" as outlined in the Committee minutes and to amend clause 6 in the first paragraph by replacing the word "historic" with the word "compulsive" and adding the words "for the time being" after the words "City facilities". Further, it was agreed to amend the third paragraph by replacing the word "upheld" with the words "recognized for the time being". Clause 6 - A recorded vote was requested. In favour: Mayor D.V. Cardillo and Aldermen B. Stortz, J. Smola, G. Leadston, C. Zehr, J. Ziegler, C. Weylie, M. Yantzi, T. Galloway and G. Lorentz. Contra: Alderman M. Wagner. Carried (As Amended). Balance of report - Carried. Moved by Alderman C. Weylie Seconded by Alderman M. Yantzi That the report of the Environmental Committee of this date be adopted. 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 C. Zehr pointed out that clause 2 of the report dealt with the City's Consolidated Financial Statements for the period ending December 31, 1992 and stated that while a summary of the Statements would be published in the newspaper anyone with an interest in the matter could peruse the document in the Finance Department. He also commented that the Statements reveal the City to be in a very sound financial position. The report was then put to a vote. Voted on clause by clause. Clause 3 - Dealt with under Delegations and Carried. Balance of report - 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 disclosed a conflict of interest and abstained from all discussion respecting clause 6 as he is employed by Canada Post. Alderman J. Smola referred to clause 9 of the report dealing with transit service changes involving Route 4 - Glasgow and Route 4 - Guelph. He stated that he was opposed to the change based on safety issues and that the Moore Avenue alternative was more dangerous than the existing route. Further, he noted that with new occupancies to take place in the former Uniroyal building, a reduction of service would make access to the property more difficult. Alderman G. Leadston stated that he was opposed to the change because Moore Avenue was a very busy street and Alderman G. Lorentz stated that he was opposed to the change because no other alternatives were offered. He commented that he has had a COUNCIL M/NIYFES - 368 - JULY 12, 1993 concern that Transit recommendations often do not include enough flexibility and suggested that Council needs to be provided with other options in addition to the staff recommended alternative. Alderman J. Ziegler commented that staff considered all the points being raised by Members of Council and that he felt the change on a six-month trial basis was appropriate and could be reviewed by staff at a later date. Alderman Ziegler was of the view that road conditions on Waterloo Street were worse than Moore Avenue. Alderman M. Yantzi commented that Council must seriously consider the possible $140,000 savings from the recommended change. Alderman J. Smola summarized the problems that he saw with the proposed route change particularly referred to congestion and safety concerns at certain points along Moore Avenue. The report was then put to a vote. and Voted on clause by clause. Clauses 2 & 4 - Dealt with under Delegations and Carried. Clause 3 - Dealt with under Delegations and Carried, as amended. Clause 9 - A recorded vote was requested. In favour: Mayor D.V. Cardillo and Aldermen J. Ziegler, M. Yantzi, M. Wagner, C. Zehr, C. Weylie and T. Galloway. Contra: Aldermen J. Smola, G. Leadston, G. Lorentz and B. Stortz. Motion Carried. Balance of report - Carried. The following conflict of interest and abstention was disclosed: Clause 6 - Alderman G. Lorentz as he is employed by Canada Post. Moved by Alderman M. Wagner Seconded by Alderman M. Yantzi That the report of the Local Architectural Conservation Advisory Committee of this date be adopted. Carried. Alderman T. Galloway stated that last March or April at a Finance and Administration Committee meeting he had requested discussion of the Farm Tax Rebate Program. He added that since that time he has asked both the Chairman and the Committee secretary to place the matter on meeting agendas without success. It was agreed that this matter would be listed on the August 16 agenda of the Finance and Administration Committee. Alderman J. Ziegler referred to the recent request of Deer Ridge Golf Course for an assessment freeze agreement with the City similar to that of Westmount Golf Course. It was noted that Deer Ridge Golf Course has since rescinded its request, but Alderman J. Ziegler suggested that the City should petition the Province to rescind the legislation following which the City should terminate the agreement. Moved by Alderman G. Leadston Seconded by Alderman J. Ziegler That the legislation under which the assessment of Westmount Golf Course was frozen, be COUNCIL M/NUTES - 369 - JULY 12, 1993 referred to the Finance and Administration Committee for consideration. Carried. Alderman T. Galloway advised that he had sent a letter to all Members of Council concerning the issue of access to the proposed Women's Correctional Facility. Further, he advised that he had attended Regional Engineering Committee to speak in opposition to the Regional staff recommendation to allow access from Homer Watson Boulevard rather than Manitou Drive. He indicated that he had tried to make it clear that his opposition was not linked to the site selection issue, but rather reflected a consistent position that he has maintained on matters relating to access to Homer Watson Boulevard. For example, he referred to concerns previously expressed relative to access from the lands known as the 'pork chop' property and the fact that development controls in Doon South were contingent on Homer Watson Boulevard. He pointed out that the Women's Correctional Facility would have frontage on Manitou Drive and Homer Watson Boulevard and that orientation to Manitou Drive was more favourable. Further, Alderman Galloway noted that ongoing problems pertaining to Homer Watson Boulevard could not be resolved for many years and requested that all members of Kitchener Council consider the concerns he has raised in his letter and not accept the Regional staff recommendation when the matter was dealt with at Regional Council. It was noted in the Council agenda that Alderman G. Lorentz has given written notice that he would introduce a Motion for Reconsideration this date relative to Council's January 22, 1993 decision to refuse a request of the Working Centre for an in-kind facility grant to cover the cost of green fees and hall rental at Rockway Golf Course for 100 golfers. Alderman C. Weylie disclosed a conflict of interest and abstained from all discussion as the Working Centre was a client in her insurance business. Moved by Alderman G. Lorentz Seconded by Alderman J. Smola That we reconsider Council's January 22, 1993 decision refusing a request of the Working Centre for an in-kind facility grant to cover the cost of green fees and hall rental at Rockway Golf Course for 100 golfers. A recorded vote was requested. In Favour: Mayor D.V. Cardillo and Aldermen B. Stortz, M. Wagner, M. Yantzi, J. Smola, C. Zehr and G. Lorentz. Contra: Aldermen G. Leadston, T. Galloway and J. Ziegler. Motion carried with required 2/3 majority vote. The following conflict of interest and abstention was disclosed: Alderman C. Weylie as the Working Centre was a client in her insurance business. Moved by Alderman G. Lorentz Seconded by Alderman C. Zehr That we approve an in-kind facility grant in the amount of $600 in favour of the Working Centre to assist in covering the cost of green fees and hall rental at Rockway Golf Course for 100 golfers. A recorded vote was requested. In Favour: Mayor D.V. Cardillo and Aldermen M. Yantzi, G. Lorentz, C. Zehr and J. Smola. Contra: Aldermen B. Stortz, M. Wagner, G. Leadston, T. Galloway and J. Ziegler. Motion Lost on a tie vote. The following conflict of interest and abstention was disclosed: COUNCIL M/NUTES - 370 - JULY 12, 1993 Alderman C. Weylie as the Working Centre was a client in her insurance business. Alderman G. Lorentz suggested that because of vehicle speeding on Forest Hill Drive between Fischer Hallman Road and Westmount Road, a four-way stop be installed at Forest Hill Drive and Warren Road. Accordingly, he requested that Traffic staff investigate the problem and report to the Public Works and Transportation Committee with comment on ramifications of a four-way stop. Alderman M. Wagner commented that he thought a four-way stop should be installed at the intersection of Sydney Street and Bedford Road and requested that staff report to the Public Works and Transportation Committee. Alderman B. Stortz recommended that prior to consideration of any installations, that traffic staff prepare a report for presentation to the Public Works and Transportation Committee on policy relative to four-way stop installations. Alderman C. Zehr referred back to clause 3 of the Community Services Committee report and questioned what Council's understanding was with respect to the $75,000 renovation costs of the plan. Mr. F.S. Graham advised that approval for this expenditure was given by City Council on budget day. However, Alderman C. Zehr commented that Council did not have any significant debate on this 1993 expenditure and pointed out that expenditures in future years would be debated. Moved by Alderman G. Lorentz Seconded by Alderman J. Ziegler 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) 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 (c) Being a by-law to close Floral Crescent for vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (d) Being a by-law to close Cayley Court for vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (e) Being a by-law to repeal By-law No. 93-130 (f) To confirm all actions and proceedings of the Council (g) Being a by-law to amend Chapter 660 of The City of Kitchener Municipal Code regarding Plumbing and Drainage (h) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointments of Staff (i) Being a by-law to amend Chapter 210 of The City of Kitchener Municipal Code with respect to Cemeteries - Municipal (J) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the City of Kitchener Municipal Code with respect to Lot 270 Part Lots 269 and 271 on Registered Plan 266 known as 150 Adelaide Street, Kitchener (k) Being a by-law to amend By-law 4830 known as the Zoning By-law - Robert and Maria Bergwest - Sunrise Drive - No. 93/6/SNL 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 T. Galloway as Chairman. COUNCIL M/NUTES - 371 - JULY 12, 1993 On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. 10. Moved by Alderman T. Galloway Seconded by Alderman J. Ziegler That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Alderman G. Lorentz Seconded by Alderman J. Ziegler That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) 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. 93-135) 11. (g) (h) (i) (J) 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. 93-136) Being a by-law to close Floral Crescent for vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 93-137) Being a by-law to close Cayley Court for vehicular traffic on a temporary basis for social, recreational, community or athletic purposes Being a by-law to repeal By-law No. 93-130 To confirm all actions and proceedings of the Council (By-law No. 93-138) (By-law No. 93-139) (By-law No. 93-140) Being a by-law to amend Chapter 660 of The City of Kitchener Municipal Code regarding Plumbing and Drainage (By-law No. 93-141 ) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding Appointments of Staff (By-law No. 93-142) Being a by-law to amend Chapter 210 of The City of Kitchener Municipal Code with respect to Cemeteries - Municipal (By-law No. 93-143) Being a by-law to authorize the carrying out of the provisions of Chapter 650 of the City of Kitchener Municipal Code with respect to Lot 270 Part Lots 269 and 271 on Registered Plan 266 known as 150 Adelaide Street, Kitchener (By-law No. 93-144) COUNCIL M/NIYFES - 372 - JULY 12, 1993 (k) Being a by-law to amend By-law 4830 known as the Zoning By-law - Robert and Maria Bergwest - Sunrise Drive - No. 93/6/SNL (By-law No. 93-145) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. Before adjournment of the meeting, Mayor D.V. Cardillo paid tribute to the Council Chambers and to the elected officials who he named, that served the City in the Chambers during the past twenty years. Mayor Cardillo advised that the move to the new City Hall would commence on August 20 and that the Official Opening Ceremony was scheduled for Saturday, September 18. He concluded his remarks by expressing appreciation to all those who have worked so hard to make Kitchener the fine City that it is. On motion, the meeting adjourned. Mayor Clerk COUNCIL MINUTES - 373 - JULY 12, 1993 REPORTS ADOPTED BY COUNCIL - JULY 12, 1993 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE That the Economic Development Division prepare an Activity Report every four months for submission to the Planning and Economic Development Committee. That Zone Change Application 93/61SNL (Robert and Maria Bergwest) requesting a change in zoning from Township Residential (R) according to By-law 878-A to Restricted Residential (R2A) according to By-law 4830 on Lot 3, Registered Plan 939, be approved in the form shown in the Proposed By-law attached, dated May 21, 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. That Planning and Economic Development Committee recommend acceptance of Official Plan Amendment Application 93/8 and Zone Change Application 93/9/0NL (Dunsinnan Development Inc.) for processing with the clear understanding that processing in no way implies acceptance or rejection of these applications. That Demolition Control Application DC 93/01/RM (Dr. William Nurse) requesting approval for the demolition of a single detached dwelling located at 56 Wood Street legally described as Part Lots 1 and 2 of Registered Plan 438 be approved subject to the following: a) That the Site Plan, dated July 8, 1993, be approved in principle, with the final site plan to be approved by the Commissioner of Planning and Development. b) That the following conditions be approved prior to the issuance of a demolition permit for 56 Wood Street: i) That a Landscaping Plan be prepared and approved by the Director of Development ii) That a Grading and Drainage Control Plan as well as a Storm Water Management Plan be prepared and approved by the Commissioner of Public Works iii) Close any redundant driveways and install new curb and gutter and boulevard landscaping, all to City of Kitchener standards iv) Remove any redundant service connections to the satisfaction of the Commissioner of Public Works v) Submit a Letter of Credit for 100 percent of the total site works associated with conditions i) through iv). (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) That because of the erection of enclosures for an outdoor patio operation by Stages which obscures A-frame advertising signs of King Street businesses immediately abutting Stages, enforcement of the City's Sign By-law regulation as it relates to the placement of A-frame style advertising signs by those abutting businesses be waived on a temporary basis until the Stages' outdoor patio operation ceases. CITY HALL STEERING COMMITTEE That City Council give favourable consideration to the request for 12 folding stands, 24 display boards, and 6 24" display cubes to facilitate community art shows in the public areas of New City Hall; and that the subject of Civic Square and Rotunda Furnishings be referred directly to City Council. COUNCIL M/NIYFES - 374 - JULY 12, 1993 That City Council give consideration to local artists for the creation of functional art in the New City Hall. CITY HALL STEERING COMMITTEE JULY 12, 1993 That Proposal P93-10, Operation of a Cafeteria in Kitchener City Hall, be awarded to Versa Services Ltd., Toronto, and that the Mayor and City Clerk be authorized to execute an Agreement in a form satisfactory to the City Solicitor. That Staff proceed to obtain a Cash Register with an Inventory Control System, and a computer workstation at a cost of $7,100. for the Public Service Centre. COMMUNITY SERVICES COMMITTEE That we approve the request of the Food Bank of Waterloo Region to establish a pilot project, for a 12 month period, to use obsolete transit fare boxes as donation boxes, in the following locations: City Hall, Kitchener Farmers' Market (2), Kitchener Transit Terminal and the Kitchener Memorial Auditorium (2); and further, That we provide all the necessary services to prepare the fare boxes for this proposed use; and further, That this pilot project be reviewed by the Community Services Committee at the end of the 12 month period. That we approve the request of the Council of St. Aloysius Church to repair the fence between the ball diamond in Kingsdale Park and the parking lot at St. Aloysius Church, with an opening in the fence being provided to allow access between the two properties; and further, That a gate or back-stop fence be provided at a future date if required. That the "Kitchener Farmers' Market Vision, Mission, Goals, Strategy and Action Plans" prepared by the Market Advisory Committee and Mr. C. Bilyea, Strategic Planning Consultant, dated May, 1993 be accepted; and further, That a business plan be developed for the Kitchener Farmers' Market in conjunction with a marketing plan; and further, That the next major thrust of the Market Advisory Committee be to establish closer ties and links with the community and neighbourhood organizations while implementing the action plan; and further, That the Palmer Report and the parking study be given high priority for immediate action. That an offer be presented to the representatives of the Rockway Mennonite Collegiate for payment in the amount of $21,004.11, from the Capital Contingency Account, in lieu of the inability to construct tennis courts on the Rockway Mennonite Collegiate property as originally anticipated; and further, That staff negotiate with the Mennonite Conference of Eastern Canada for a 15 year lease arrangement for continued use of approximately 0.455 acres of land which currently comprise 53 parking spaces for Rockway Golf Club patrons, to be presented to the Community Services Committee for final approval. That staff continue discussions with the Rockway Bowling Club about the possibility of relocating the bowling operations from the Rockway Golf Club site; and further, That a final report and recommendations on logistics and financing be presented to the Community Services Committee for consideration. Whereas no member of the public participating in or attending a public event within a City facility should be subject to persons smoking or second hand smoke, unless by their own choice. COUNCIL MINUTES - 375 - JULY 12, 1993 And Whereas, accommodation for smoking will initially be through restricted segregated areas for rental groups and ultimately no smoking would be permitted inside facilities and only in segregated outside areas. COMMUNITY SERVICES COMMITTEE JULY 12, 1993 6. (Cont'd) That effective September 1, 1993, a modified smoking policy be adopted, having due regard for the rights of non-smokers but at the same time recognizing the compulsive habit of smokers by providing limited alternatives in areas of social or licensed contact within City facilities for the time being; and further, That existing and committed private rentals be permitted to continue their choice with respect to smoking for at least another 12 months, pending the compilation of information relative to impact on use, public reaction and revenues and these groups be so notified; with a report to be tabled with the Community Services Committee by September, 1994; and further, That in those facilities with advisory committees, their wishes with respect to smoking be recognized for the time being. (AS AMENDED). That staff be permitted to make application under the Liquor Licence Act of Ontario to permanently licence the viewing area and designate various rooms, arena floors, auditorium corridors at the Kitchener Memorial Auditorium Complex and Centennial Stadium events building as "Special Functional" under the Act. That the cemetery site to be developed on Westmount Road East be named "Williamsburg Cemetery". ENVIRONMENTAL COMMITTEE 1. That the Commissioner of Parks and Recreation be authorized to submit a Nomination to Environment Canada, nominating the Corporation of the City of Kitchener for a 1993 Environmental Achievement Award respecting the City's 'Naturalization Program'. That the previously approved 1993 Special Promotions Budget of the Environmental Committee fund a $4,000 budget for the 'Adopt-Your-Environment Program' as outlined hereunder: Printing/Promotions/Publications Advertising/Publicity Program Supplies Volunteer Recognition Volunteer Training Enabling Funds 800.00 450.00 1,050.00 1,000.00 500.00 200.00 TOTAL $4,0000.00 FINANCE AND ADMINISTRATION COMMITTEE That pursuant to Chapter 745 (Guns) of the City of Kitchener Municipal Code, Council grant the request of the Central Ontario Exhibition for approval to discharge a weapon using blank cartridges as part of Exhibition performances on July 6-11, 1993. COUNCIL M/NUTES - 376 - JULY 12, 1993 That Council accept the Consolidated Financial Statements of the City of Kitchener for the period ending December 31, 1992 as prepared and presented by the City's external auditors, Ernst & Young. That no action be taken on the request of Mr. P. Taylor, The Pink Zone, to amend Chapter 504 (Adult Entertainment Parlour Location - Limitation) of the Municipal Code to allow the limited operation of an adult entertainment parlour in the downtown. (DEALT WITH UNDER DELEGATIONS AND CARRIED) FINANCE AND ADMINISTRATION COMMITTEE JULY 12, 1993 That Council grant the request of Mr. H.C. Miller, Central Distributors, for permission to use the words "Souvenir of Kitchener, Ontario" on gift/promotional items. That the $125,000.00 originally allocated in 1993 of the Capital Forecast (1993-2002) for the Ellen Street Expansion to the Centre In The Square be provided out of the General Capital Contingency Fund, and, That an advance of $400,000.00 from the City's Investment Portfolio be made to the Centre, with this amount to be repaid over a period not to exceed 10 years from the date of the advance and with interest applied at either a fixed rate for the term (based on current interest yields for such a term) or at variable rates of prime plus 1%, and further, That all of the above be subject to the Centre receiving a grant from the Province of Ontario totalling 1/3 of the project cost. That pursuant to Chapter 586 (Refreshment Vehicles) of the Municipal Code, Council grant the request of Ms. E. Matlow, Matcho Holdings Inc., for permission to locate a frozen yogurt cart in the alcove in front of 125 King Street West as shown in the site plan appended to her letter of June 25, 1993, and further, That the above approval be conditional upon the applicant satisfying all requirements of the municipality and obtaining the necessary licence. That pursuant to Chapter 586 (Refreshment Vehicles) of the Municipal Code, Council grant the request of Mr. R. Fordham for permission to operate a refreshment stand (BBQ) in Victoria Park during the Blues Festival scheduled for July 25, 1993, and further, That the above approval be subject to the applicant obtaining health and fire approvals as well as the necessary licence. That no action be taken on the staff request to amend Chapter 710 (Building - Permits and Fees) of the Municipal Code to allow the increase and establishment of minimum permit fees for small construction projects as outlined in the report of Mr. J. Witmer dated July 2, 1993. That the Manager of Licensing be authorized to issue an Ice Cream Vendor licence to Mr. Brian Wainman. 10. That the Manager of Licensing be authorized to issue an Ice Cream Vendor licence to Mr. Jason Mullen. 11. That the Manager of Licensing be authorized to issue an Ice Cream Vendor licence to Mr. Michael Phillips. 12. That the Manager of Licensing be authorized to issue an Ice Cream Vendor licence to Mr. Paul Devison. 13. That the Manager of Licensing be authorized to issue an Ice Cream Vendor licence to Mr. Robert Godin. 14. That the Manager of Licensing be authorized to renew the Amusement Arcade licence relative to COUNCIL MINUTES - 377 - JULY 12, 1993 the premises at 61 Hall's Lane (Tony's Billiards). 15. That the Manager of Licensing be authorized to issue an Amusement Arcade Operator licence to Mr. Antonio Correia for the premises at 61 Hall's Lane (Tony's Billiards). 16. That the Manager of Licensing be authorized to issue an Amusement Arcade Operator licence to Mr. Anthony Correia for the premises at 61 Hall's Lane (Tony's Billiards). 17. That the Manager of Licensing put the Province, the affected charities and the hall owner on notice that violations appear to be taking place relative to bingos conducted at 329 King Street East (Downtown Club) and that Letters of Approval will be issued for September, 1993 only and on a month to month basis thereafter until such time as the situation is corrected. FINANCE AND ADMINISTRATION COMMITTEE JULY 12, 1993 18. That pursuant to Chapter 650 (Lot Maintenance) of the Municipal Code, the Legal Department prepare a draft by-law authorizing a clean up of the property at 150 Adelaide Street, and that said by-law be similar to the one enacted by Council for this address on March 30, 1992. PUBLIC WORKS AND TRANSPORTATION COMMITTEE That the Traffic & Parking Division be instructed to erect "Watch For Pedestrians" signage on the public lane running between Ottawa Street South and Sydney Street South and located to the rear of the properties on Charles Street and Maurice Street. That up to $2,300 be taken from the Storm Drain Connection Fund and used to install a sub surface drain to overcome the water ponding problems at 642 Westheights Drive. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That Lot No. 1 provide cashier operated functions from 9:00 a.m. to 7:00 p.m., and a flat fee exit of $1.00 per vehicle (including G.S.T. & P.S.T.) between 7:00 p.m. and 9:00 a.m., Monday to Saturday inclusive, and further, That the Duke/Ontario Garage and City Hall Garage provide cashier operated functions from 8:00 a.m. to 7:00 p.m., and a flat fee exit of $1.00 per vehicle (including G.S.T. & P.S.T.) between 7:00 p.m. and 8:00 a.m., Monday to Saturday inclusive, and further, That the Market Garage provide cashier operated functions from 8:00 a.m. to 7:00 p.m. and a flat fee exit of $1.00 per vehicle (including G.S.T. & P.S.T.) between 7:00 p.m. and 8:00 a.m. Monday to Friday and that cashier operated functions be provided from 6:00 a.m. to 7:00 p.m. and a flat fee exit of $1.00 per vehicle (including G.S.T. & P.S.T.) between 7:00 p.m. and midnight on Saturday, and further, That Lot No. 19 provide cashier operated functions from 9:00 a.m. to 7:00 p.m. Monday to Friday, and a flat fee exit of $1.00 per vehicle (including G.S.T. & P.S.T.) between 7:00 p.m. and 9:00 a.n., Monday to Friday and all day Saturday except for Theatre performances, and further, That each fee increment in cashier operated facilities be increased $.05 to offset the impact of the PST, and further, That the Theatre rate at Lot No. 19 be increased to $3.25 per vehicle (including G.S.T. & P.S.T.) during Theatre performances, and further, That special event parking in the Market Garage which occurs after 7:00 p.m., be offered to the promoters of the event at either a rate of $200 (including G.S.T. & P.S.T.) for the event or $1.00 per exiting vehicle (including G.S.T. and P.S.T.), and further, That all metered and pay and display parking lots and on-street metered spaces located within the core, which currently have a rate of $1.00 per hour, be increased to $1.25 per hour (including COUNCIL M/NUTES - 378 - JULY 12, 1993 G.S.T. and P.S.T), and further, That all metered parking lots and on-street metered spaces outside the immediate core, which currently have a rate of $.75 per hour, be increased to $1.00 per hour, (including G.S.T. and P.S.T.) and further, That the changes in the cashier operated lots take effect at the time of the opening of the City Hall Garage and that the changes in the metered parking lots and on-street metered spaces take place as quickly as possible given the availability of the necessary components, and further, That Provincial Sales Tax be charged on all monthly parking fees effective July 1, 1993, and further, That Council approve an overexpenditure in the amount of $68,000 to finance the conversion of the mechanical parking meter mechanisms and the purchase of coin units and bill changers for the cashier operated facilities, and further, PUBLIC WORKS AND TRANSPORTATION COMMITTEE JULY 12, 1993 (Cont'd) That the daily maximum fee in Lot No. 22 be increased from $4.00 to $5.00 per day (including G.S.T. and P.S.T.) effective immediately, and further, That the monthly parking fee in Lot No. 5 be decreased from $45.00 to $35.00 per month (excluding G.S.T. and P.S.T.) effective immediately. (DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED) That the parking rates at cashier attended lots be increased by $.05 per increment and further, That the parking meter rates in outlying areas be increased and further, That the question of Council making a contribution to the first hour free parking program be referred to the 1994 Budget considerations. (DEALT WITH UNDER DELEGATIONS AND CARRIED) That the three (3) hour time limit on the west side of Union Boulevard, between Park Street and the Grand River Railway Crossing be reduced to two (2) hours, and further, That the Uniform Traffic By-law be amended accordingly. That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with Canada Post for the issuance of Notices of Impending Conviction. That Cayley Court be closed on Saturday August 7, 1993, with a rain date of Sunday August 8, 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 Glasgow Street be closed between the westerly limit of Subdivision Plan 30T-88012 Monarch Construction and a point 15 meters east of the easterly driveway of the Stoltz farm at 1241 Glasgow Street, and further, That the Legal department be directed to initiate the required procedures for the formal closing of the above described section of Glasgow Street. That the proposed Transit Service Changes regarding Route 4 - Glasgow and Route 4 - Guelph be approved for a trial period of six (6) months, and further, That these changes be further reviewed at the conclusion of this trial period. COUNCIL M/NUTES - 379 - JULY 12, 1993 10. That the Commissioner of Public Works be authorized to install storm drain connections to private properties, from the City storm sewer to the property line, to rectify backyard drainage problems, and further, That connections be installed only after a review by City Staff has determined that alternative solutions, such as corrections to lot grading, are not practical, and further, That no connections be provided in cases where property owners have enforceable obligations to the City under Subdivision, Development or other Agreements, and further, That the priorities for installation of connections be determined applications are completed and submitted, in accordance with Application Form, and further, by the order in which the the City's Standard Drain That these connections be installed on the basis of available funding in the Public Works Department's annual Operating Budget provided for this purpose. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE JULY 12, 1993 That pursuant to Section 42 of the Ontario Heritaqe Act, and on the basis that the proposed work is appropriate to the age and style of the building, Council grant the request of the owner of 37 Oregon Drive (a property in the Upper Doon Heritage Conservation District) for permission to erect an addition to the existing structure as outlined in the drawings of Mr. M. Leis dated June 21, 1993 and presented to L.A.C.A.C. on July 9, 1993. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 163 Joseph Street and that the grant be used to fund selective replacement of gable fascia boards, the reconstruction of the front porch floor as well as the rear/front porch railings (including spindles) as outlined in the owner's application dated June 23, 1993, and, That the above approval does not include painting of the restored features, and that contrary to the contractor's proposal the owner retain the existing shingle moulding as this is the only remaining feature of its type on the building, and further, That all approvals be conditional upon: a) The Province confirming its funding commitment; b) All reconstructed features being identical in all respects to the existing; c) All original receipts/invoices being submitted to the Clerk's Division by December 31, 1993. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 17 Schneider Avenue and that the grant be used to fund the installation of cedar shingles as outlined in the owner's application dated June 16, 1993, but not for the installation of galvanized eavestrough and downspouts, and further, That all approvals be conditional up the Province confirming its funding commitment and all original receipts/invoices being submitted to the Clerk's Division by December 31, 1993. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 150 Water Street South/73 Heins Avenue and that the grant be used to fund repair and/or replacement of portions of the porch roof, structural work to stabilize the sun porch floor of the living room and exterior painting of the house and garage as outlined in the owner's application dated June 28, 1993, but not for the installation of galvanized eavestroughing, and further, That all approvals be conditional upon: a) The Province confirming its funding commitment; COUNCIL M/NUTES - 380 - JULY 12, 1993 b) All reconstructed features being identical in all respects to the existing; c) All original receipts/invoices being submitted to the Clerk's Division by December 31, 1993. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 811-831 Bleams Road and that the grant be used to reclad the east elevation of the bank barn and to install roof flashings where the lumber/ice house abuts the barn as outlined in the owner's application dated June 28, 1993, but not for the replacement of barn windows, and further, That all approvals be conditional upon: a) The Province confirming its funding commitment; b) All reconstructed features being identical in all respects to the existing; LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE 5. (Cont'd) JULY 12, 1993 c) All original receipts/invoices being submitted to the Clerk's Division by December 31, 1993. That photographs documenting the design and construction of the existing forge/workshop chimney at 811-831 Bleams Road be taken prior to its being dismantled by the owner. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 31 Wilfong Drive (a property in the Upper Doon Heritage Conservation District) and that the grant be used to fund replastering of the building exterior, and further, That the above approval be conditional upon: a) The owner submitting a written application; b) The Province confirming its funding commitment; c) All repairs/restoration being identical in all respects to the existing; d) All original receipts/invoices being submitted to the Clerk's Division by December 31, 1993. That pursuant to Section 42 of the Ontario Heritaqe Act, Council approve, in principle, the repair/replacement of the plaster exterior of 31 Wilfong Drive (a property in the Upper Doon Heritage Conservation District) provided the restoration identically reproduces the existing building fabric, and, That, alternately, the owner be granted permission to rebrick the exterior of the building and to clad the attached building in board and batten, provided the existing brick underlay is removed and the new brick matches as closely as possible the original masonry units, and further, That subject to the owner pursuing the plastering option, permission be granted to modify additional building features as outlined in the L.A.C.A.C. sub-committee report dated July 7, 1993, however, should the owner pursue the rebricking option she be required to obtain additional approvals for these items at the August 13, 1993 L.A.C.A.C. meeting. COMMITTEE OF THE WHOLE MINUTES JULY 12, 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. Banner Request It was resolved: "That in conjunction with the 8th Annual Hospitals' Gala to be held October 2, 1993, to raise funds for St. Mary's, Kitchener-Waterloo and Freeport Hospitals, we grant permission for the erection of a banner on King Street at Francis Street from Friday, September 3, 1993 to Sunday, September 26, 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. And further, that the Chief Administrative Officer be authorized to schedule the erection and removal of a banner for this event, on an annual basis, as requested." 2.Oktoberfest Trade Dollars It was resolved: "That Kitchener-Waterloo Oktoberfest Inc. be authorized to circulate $2.00 souvenir coins of Oktoberfest depicting the new City Hall as trade dollars within Kitchener from July 1, 1993 to October 31, 1993." 3.Bell Canada Easements It was resolved: "That the Mayor and Clerk be authorized to execute a grant of easement in favour of Bell Canada over lands designated as part of Part 19, 58R-7333." - and - "That the Mayor and Clerk be authorized to execute a grant of easement in favour of Bell Canada over lands designated as part of Lot 47, RP 986, known as Hofstetter Park." 4.United Way - Postaqe Meter Imprint It was resolved: "The we approve the request of the United Way of Kitchener-Waterloo and Area for permission to utilize the City's postage meter to imprint outgoing mail with the United Way logo and wording 'Support United Way' for the period September 7, 1993 to November 19, 1993." 5.Appointment of Actinq Mayor It was resolved: COMMITTEE OF THE WHOLE MINUTES JULY 12, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That Alderman M. Yantzi be appointed Acting Mayor from July 31, 1993 to August 5, 1993 inclusive in the absence of His Worship 5.Appointment of Actinq Mayor (Cont'd) Mayor Cardillo who will be attending the Canadian Association of Fire Chiefs Annual Convention, in Quebec City." 6.Licence It was resolved: "That the City of Kitchener has no objection to a Provincial Licence being issued to the Kitchener Conestoga Rotary Club, P.O. Box 1041, Kitchener, to conduct a Raffle Lottery in the City of Kitchener on Saturday, January 29, 1994." 7.Association of Municipalities of Ontario - 1993 - Votinq Accreditation It was resolved: "That Aldermen Geoff Lorentz, John Smola, Gary Leadston, Bryan Stortz and additional members of City Council up to the maximum number of accredited City representatives, be appointed as voting delegates of the City of Kitchener for the purposes of the 1993 Annual Conference of the Association of Municipalities of Ontario to be held in Hamilton, Ontario from August 22nd to August 24th, 1993." 8. Proclamation - K-W Oktoberfest It was resolved: "That pursuant to Chapter 542 of the City of Kitchener Municipal Code, Kitchener-Waterloo Oktoberfest to be held October 8 to 16, 1993, be proclaimed a period of Civic Celebration." 9.Execution of Final Release It was resolved: "That the Mayor and Clerk be authorized to execute a Final Release in the amount of $1,658.80 in connection with damages to a fire hydrant on Bridge Street that occurred on or about July 28, 1992." 10. Encroachment Aqreement - VICTORIA PARK WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner of One King Street West, described as part of Part Lot 1, Registered Plan 381, to permit the installation of a sign on the existing building which will encroach 3.3 feet, more or less, onto the King Street road allowance." 11. Industrial Land Consents It was resolved: "That the City consent to a transfer from Globe Stamping Company Limited to Nroca Industries Limited for the property described as Lot 17, Registrar's Compiled Plan 1478 being Part 2 on Reference Plan 58R-1720." - and - COMMITTEE OF THE WHOLE MINUTES JULY 12, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That the City consent to a transfer from WKS Developments Limited to Robert Michael Hanlon for the property described as Unit 6, Level 1, W.N.C.C. Plan No. 199 and municipally known as 6-38 McBrine Place, Kitchener." 12. Tenders In reference to Tender T93-24 respecting the Schneider Trunk Sanitary Sewer, Alderman C. Zehr questioned if there would be any additional charges that would be applied against the work. Mr. T. McKay noted that any savings that would result within this stage of the work would be carried forward as a project balance toward future phases. Tender T93-60 regarding the Sun Sparccenter 2000 was questioned and Mr. L. Gordon commented on the price differential between the two tender submissions on the same product received from the supplier and the distributor. Mr. T. McKay noted that, in effect, there was only one supplier for this specific piece of equipment and that the City was committed to the equipment without a major change to its computer configuration. Tender T93-58 and T93-59 dealing with remedial work to the Duke Street Parking Garage and the Market Square Parking Garage was questioned and Mr. J. McBride explained the nature of the repairs that were to be undertaken to each garage. Tender T93-61, referred to as Item 12.g) on the Committee of the Whole Agenda, relating to the Sound System for the Kitchener Memorial Auditorium Complex was dealt with under delegations. It was resolved: "That tender T93-24, Schneider Trunk Sanitary Sewer - Phase 5, Stage 2A, be awarded to Clearway Construction Inc., Maple, Ontario at their tendered price of $1,103,949.69 plus G.S.T." - and - "That tender T93-60, Sun Sparccenter 2000, be awarded to Computerland, London, Ontario at their tendered price of $131,876., plus G.S.T. and P.S.T." - and - "That tender T93-35, Aerial Bucket Truck, be awarded to Simon-Telelect Inc., Watertown, South Dakota, U.S.A., at their tendered price of $130,160. plus P.S.T. and G.S.T." - and - "That tender T93-54, Gas Pipeline Construction, be awarded to R.L. Coolsaet of Canada Limited, Brantford, at their tendered price of $949,193.66 (all taxes included)." - and - "That tender T93-58, Remedial Work to the Duke Street Garage, be awarded to Road Savers Central Ltd., Rexdale, at their tendered price of $122,087., plus G.S.T." - and - "That tender T93-59, Remedial Work to the Market Square Parking Garage, be awarded to the McBride Group Inc., Toronto, at their tendered price of $62,910. plus G.S.T." 13. Civic Square and Rotunda - Furnishinq and Accessories Alderman M. Wagner questioned if the stage was large enough to make it functional for now and Mr. T. McKay replied that it was. COMMITTEE OF THE WHOLE MINUTES JULY 12, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) It was resolved: "That a budget of $50,000. for City Hall Square and Rotunda furnishings and accessories be established from the Construction Contingency Account." 14. Sale of Vacant Land - ROCKWAY ST. MARY'S WARD Alderman J. Ziegler questioned why the land was not being sold for cost price and Mr. T. McKay advised that the selling price recognizes current market value. It was resolved: "That the City accepts the Offer from Elsie Alice Lefebvre to purchase 1399 sq. ft. of vacant land shown as Part 1 on Plan 58R-8678 and situated at the rear of her property known as 251 Highland Road West for the sum of $2,800.00. The purpose is to provide room for and to construct a new driveway from Belmont Avenue West and to close and remove the existing driveway from Highland Road West; all work to be completed prior to September 1, 1994. Further, that the Mayor and Clerk be authorized to complete all documentation required to close this transaction." 15. Committee of Adjustment Variances - Chapter 630 (Fence) -CHICOPEE & SOUTH WARDS It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of July 6, 1993, recommending approval of Submission No. F 7/93 - Ron & Judy Woodworth & F 8/93 -Rubi Lobo & Laura Kerr - Be Ratified and Confirmed." 16. Proposal P93-57 - Utilities Management System & Tax Administration System Mr. E. Kovacs advised the Committee that the recommendation being put forward represented the third try in concluding this matter. He pointed out that a lower bid had been received than the bid that was being recommended and explained three significant areas where a staff committee felt the Iow bidder was weak. It was resolved: "That proposal P93-57, Utilities Management System and Tax Administration System, be awarded to Platinum Software Corporation, Mississauga, at their proposed price of $1,000,000.00, plus G.S.T. and P.S.T., subject to the satisfactory negotiation of a contract." 17. Grading - Glencairn Subdivision - Stage 5 It was resolved: "That Council allow the pre-grading of Stage 5 of Glencairn Subdivision, Management Board Secretariat, in accordance with plans prepared by Cumming Cockburn Limited and in a manner that is acceptable to the Commissioner of Public Works, subject to the Erosion and Siltation Control Plans for this area being approved by the Grand River Conservation Authority." 18. Refreshment Stand The Committee was in receipt of a memorandum from the Manager of Licensing respecting the request of Mr. Rene Ramos for permission to sell farm produce and offer the public an opportunity to participate in and sample the food at a cultural activity. COMMITTEE OF THE WHOLE MINUTES JULY 12, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) Following some discussion the Committee agreed that the $1.00 charitable fee apply in this matter. 18. Refreshment Stand (Cont'd) It was resolved: "That Cooperative Agricola Social Hispana be granted permission to operate a Refreshment Stand at the Steckle Heritage Farm, 811 Bleams Road, Kitchener, on August 28, 1993 provided the necessary licence, health and fire approvals are obtained, and further, That the charitable licence fee of $1.00 be applicable." 19. Land Acquisition - Huron Natural Park It was resolved: "That the City enter into an Agreement of Purchase and Sale, dated July 12, 1993, with the Toronto Dominion Bank for the acquisition of approximately 15.6 acres of land adjacent to the Huron Natural Park, and further, That the approximate price in the amount of $526,250.00 be financed from the Parkland Reserve Fund with the City receiving a land credit from the Waterloo County Board of Edcuation of lands adjacent to Lions Arena based upon the respective market value of the School Board's lands." 20. Offer to Lease - New City Hall - Restaurant The Committee considered a recommendation respecting leasing arrangements with William's Coffee Pub, Inc. for the proposed restaurant to be located on the main floor of the new City Hall. Alderman G. Lorentz commented that he had maintained that a restaurant was generally a good idea but not at any price. Aldermen G. Lorentz, G. Leadston and J. Ziegler viewed the proposal as too generous in favour of the tenant. Alderman J. Smola stated that the cost of front end financing being assumed by the City was too risky. Mayor D.V. Cardillo and Aldermen B. Stortz, M. Yantzi and C. Zehr favoured the proposal as positive for the City and reasonable under the present economic circumstances. Alderman Zehr acknowledged that there was some risk in this matter. Alderman M. Wagner commented that regardless what tenant is obtained, that the City, as Landlord, would have to undertake leasehold improvements. Alderman Wagner noted that the new City Hall was intended to serve a business function and a social function. He pointed out that success of the social function aspect of the new building was not assurred and that everything possible must be done to promote this function. Moved by Alderman B. Stortz - "That the City accepts, and the Mayor and Clerk execute, the Offer dated July 10, 1993, from William's Coffee Pub, Inc. to establish a restaurant in the new City Hall, and further, That the City Solicitor be directed to prepare a lease." A recorded vote was requested. IN FAVOUR: Mayor D.V. Cardillo and Aldermen B. Stortz, M. Yantzi, C. Zehr, M. Wagner and C. Weylie. COMMITTEE OF THE WHOLE MINUTES JULY 12, 1993 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) CONTRA: Aldermen G. Lorentz, G. Leadston, J. Smola, J. Ziegler and T. Galloway. Motion Carried.