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HomeMy WebLinkAboutCouncil Minutes - 1994-02-21COUNCIL\1994-02-21 COUNCIL MINUTES FEBRUARY 21, 1994 The Council of the Corporation of the City of Kitchener met this date with all members present, except Councillor C. Zehr. On motion by Councillor T. Galloway, the minutes of the regular meeting held on February 7, 1994, as mailed to the Mayor and Councillors, were accepted. A. Communications Referred Directly to Committee of the Whole Letter from Mr. R.W. Pritchard, Commissioner of General Services & City Clerk, with regard to Applications for Cancellation, Refund, Reduction or Levy of Taxes (February 21, 1994 Hearing). Mr. Jim Mallard appeared as a delegation with respect to Clause #2 of the Community Services Committee report of this date which recommends no action on a minor sports grant request of 8 Wheels Rollersports Club. Mr. Mallard advised Council that following his presentation to the Community Services Committee a couple of issues should be clarified. Firstly, he advised that the Club, while operating in Cambridge, provides a learning facility that is absent in Kitchener and, secondly, that 2 years ago only 1 member of the Club was from Kitchener, while at present there were 9 members representing 20% of the Club. He noted that the purpose of the Club is to provide a learn to skate atmosphere for specialized skating such as artistic expression and speed skating. Councillor G. Lorentz noted that staff would continue to work with and assist the Club as much as possible. Moved by Councillor G. Lorentz Seconded by Councillor B. Stortz "That Clause 2 of the report of the Community Services Committee of this date be adopted." Carried. Mr. Bill Green, Green & Associates Planning Consultants, appeared as a delegation in opposition to Clause #1 of the Local Architectural Conservation Advisory Committee report of this date dealing with the proposed designation under the Ontario Heritage Act of 264 Victoria Street North (former Baetz Bros. Furniture Building). Prior to Mr. Green's presentation, Councillor M. Wagner commented that this matter had been dealt with on 3 occasions by the Local Architectural Conservation Advisory Committee. He noted that at the Planning and Economic Development Committee February 14th meeting, he had raised this matter and Committee members had agreed it would be useful to have the Committee debate merits of planning and heritage issues at a regular meeting and, accordingly, a motion had been passed recommending referral of the matter to the Planning and Economic Development Committee's February 28th meeting. However, Councillor M. Wagner indicated that he has now been advised that only Council can recommend a deferral with respect to a recommendation of L.A.C.A.C. Mr. Green indicated that he was concerned with the recommendation of the Planning and Economic Development Committee to defer the matter to its February 28th meeting as he was unable to attend that meeting and that, should it be referred to a future Committee meeting, the matter would not be dealt with by City Council for some 4 or 5 weeks. He indicated that he was prepared to deal with the matter this date. A letter dated February 21, 1994 from Mr. Green had previously been distributed to members of Council, along with Planning and Development Staff Report PD 94/23 dated February 17, 1994 which discusses heritage and planning issues associated with 264 Victoria Street North. Councillor M. Wagner stated that he felt a deferral until the March 21st Planning and Economic Development Committee would not hinder Mr. Green's clients site plan approval. Mr. T. McCabe commented on the approval process in consideration of the substantial parking deficiency and the necessity to deal with the matter of variance to the parking requirement. He noted that staff were not in a position to quickly approve the site plan. Mr. Green stated that he understood his client could proceed with site plan approval ahead of a Committee of Adjustment minor variance application if the number of parking spaces was sufficient for occupancy of part of the development. He indicated it was his hope a COUNCIL MINUTES - 48 - FEBRUARY 21, 1994 determination of the Baetz Building could be made at this time and that they could then proceed to seek site plan approval and issuance of a building permit. Councillor B. Stortz suggested that the designation recommendation and the discussion of heritage and planning issues be referred to the March 7th Council meeting. Councillor G. Leadston requested that the Economic Development Division prepare a report on the economic benefits of the proposal and, in this regard, Mr. Green agreed to provide the Division with information from his client to assist in preparation of the report. Mr. Green commented on the involvement of L.A.C.A.C. and its sub-committees respecting the subject property and noted that there was a split among L.A.C.A.C. members in regard to the Committee recommendation. Councillor M. Wagner pointed out that a good working process had taken place between Mr. Green's clients and L.A.C.A.C. in regard to this matter. Moved by Councillor M, Wagner Seconded by Councillor B, Stortz "That the report of the Local Architectural Conservation Advisory Committee of this date be deferred and referred to the March 7th meeting of City Council for consideration of the heritage issues and planning issues affecting the proposed redevelopment of 264 Victoria Street North." Carried, Ms. Toni Davies appeared as a delegation with respect to the Dog By-law amendments and to thank Council on behalf of the K-W Kennel Club for consulting the Club in respect to the by-law revisions. Further, she offered the expertise of the Club as a resource to the City in future. Councillor B. Stortz referred Council to a February 18th memorandum from Ms. D. Arnold, Assistant City Solicitor, concerning the by-law to amend Chapter 530 (Dogs) of The Municipal Code and a condition in connection with the amending by-law. Moved by Councillor B, Stortz Seconded by Councillor G, Lorentz "That three readings be given this date to a by-law to amend Chapter 530 of the City of Kitchener Municipal Code regarding dogs, and further, That the condition set out in Section 530.2.12(d) of the City of Kitchener Municipal Code pertaining to the fencing of yards and runways used by dogs shall not be required until June 1, 1994." Carried, Councillor J. Ziegler requested that staff ensure that everyone with more than 3 dogs is notified of the by- law amendment, 2. Moved by Councillor C, Weylie Seconded by Councillor J, Ziegler "That the report of the Planning and Economic Development Committee of Council of this date be adopted." Voted on Clause by Clause, Clause #8 - Recommendation not considered as a result of referral of the L.A.C.A.C. recommendation to the March 7th meeting of City Council, Balance of Report - Carried. 3. Moved by Councillor G, Lorentz Seconded by Councillor B, Stortz "That the report of the Community Services Committee of this date be adopted." COUNCIL MINUTES - 49 - FEBRUARY 21, 1994 3. (Cont'd) Voted on Clause by Clause. Clause #2 - Dealt with under delegations and Carried. Balance of Report - Carried. Moved by Councillor B. Stortz Seconded by Councillor G. Lorentz "That the report of the Finance and Administration Committee of this date be adopted." In reference to Clauses 2 and 3, concerning possible de-regulation of service station hours of operation, Councillor G. Leadston requested that a report be obtained from the Waterloo Regional Police outlining their view of the relationship between de-regulation and the level of criminal activity. He also asked for the views of the Visitor and Convention Bureau on de-regulation. Councillor M. Yantzi expressed the hope that in future the City would be able to obtain Transit buses that were powered by natural gas rather than by diesel fuel in referring to the Tender award listed under Clause #10 of the report. On motion by Councillor B. Stortz, seconded by Councillor G. Lorentz, it was agreed to amend Clause #11 of the report so as to add Councillors J. Ziegler, M. Yantzi and B. Stortz to the joint Council/Staff Committee. The report was then put to a vote. Voted on Clause by Clause. Clause #11 - Carried, As Amended. Balance of Report - Carried. Councillor T. Galloway advised that it was now necessary for the Fire Department to initiate a recruitment process to meet hiring needs. He pointed out that the Employment Equity Committee would be dealing with this matter at its February 28th meeting and would be considering changes proposed by the Employment Equity Commission to the City's hiring procedures that have been developed. Councillor M. Wagner raised the question of development of a Marketing Plan to increase ridership on the Transit System. Mr. R. Freeborn advised that staff have scheduled a special planning session on March 11th to deal with how ridership could be improved. He stated that it was his hope that a series of initiatives would flow out of the meeting that would facilitate an in-depth review of service and current operating practices and, basically, review every aspect of the Transit System. Councillor T. Galloway commended the staff of the Parks and Recreation Department in hosting a successful Sports Awards Banquet on February 17, 1994. Councillor M. Wagner stated that it was his understanding that the City had put out a proposal call for Travel Management Services and invited Travel Agents to respond. He noted that currently travel mile points accummulated by staff travelling on City business were accummulating to their personal credit and it was his view that the points should be deposited to the credit of the City. Mr. T. McKay confirmed that a proposal call had gone out but that at this point staff were not sure if the City had a magnitude of business that would interest Travel Agents. He indicated that staff would involve interested members of Council in consideration of this matter. Councillor G. Leadston inquired into a Tender for resurfacing floors in the new City Hall. Mr. T. McKay indicated that during construction a sealer was placed on the floor as a protective measure. He stated it was now appropriate for this sealer to be removed and staff have been advised not to provide any other treatment to the floor surface. Councillor G. Leadston questioned if there was any documentation on record indicating that the City Hall Contractor requested a sealer to be placed on the floor and if there was any recommendation from the COUNCIL MINUTES - 50 - FEBRUARY 21, 1994 Company that installed the floor with respect to use of a sealer. Mr. T. McKay indicated that he would provide a report to Council in this regard. Councillor G. Leadston requested that Council be provided with a list of building deficiencies in the new City Hall. Councillor G. Lorentz requested that staff prepare an update on the City's snow removal costs for consideration at the next meeting of the Public Works and Transportation Committee. Further, he questioned if City staff were still involved in snow removal as of today given the extent of snow melt that took place during the warm spell of the past several days. Mr. D. Suzuki indicated that he would provide a report to the Public Works and Transportation Committee. Councillor G. Lorentz also questioned if there had been an increase in utility revenues as a result of the extended cold weather and Mr. T. McKay advised that the City was subject to additional costs and penalties respecting its utilities operation under such circumstances. Councillor M. Wagner requested an update on the extent of road salting and sanding operations for the winter season to date. NOTICE OF MOTION At the February 7th Council meeting, Councillor J. Smola gave notice that he would be introducing a Motion for Reconsideration relative to a resolution involving the relocation of Route #8 bus service. Councillor Smola indicated that, since he had not yet received a staff report respecting this matter, he wished to extend and revise his Notice of Motion. Accordingly, Councillor J. Smola gave notice that, upon receipt of a staff report dealing with possible alternatives for the provision of Transit service to the area of 409 Weber Street, he would be introducing a Motion for Reconsideration at a future Council meeting relative to the December 13, 1993, Council resolution involving the relocation of Route #8 bus service from Union Street to Hartwood Avenue. Mr. R. Freeborn advised that Transit staff were currently reviewing a number of alternatives and hope to have a report available in just over 2 weeks. Moved by Councillor J. Smola Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law respecting construction, demolition and change of use permits and inspections (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) 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 (d) Being a by-law to amend Chapter 539 of The City of Kitchener Municipal Code regarding Electrical Contractors, Master Electricians (e) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (f) Being a by-law to amend Chapter 530 (Dogs) of The City of Kitchener Municipal Code (g) To confirm all actions and proceedings of the Council 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 Councillor T. Galloway as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the Chair. COUNCIL MINUTES - 51 - FEBRUARY 21, 1994 Moved by Councillor T. Galloway Seconded by Councillor G. Leadston "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." Moved by Councillor J. Smola Seconded by Councillor M. Yantzi "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) (f) (g) Being a by-law respecting inspections Carried. construction, demolition and change of use permits and (By-law No. 94-31) 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. 94-32) 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. 94-33) Being a by-law to amend Chapter 539 of The City of Kitchener Municipal Code regarding Electrical Contractors, Master Electricians (By-law No. 94-34) Being a by-law to exempt certain farm lands from taxation for certain expenditures of the municipality (By-law No. 94-35) Being a by-law to amend Chapter 530 (Dogs) of The City of Kitchener Municipal Code (By-law No. 94-36) To confirm all actions and proceedings of the Council (By-law No. 94-37) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MAYOR CLERK REPORTS ADOPTED BY COUNCIL - FEBRUARY 21, 1994 COUNCIL MINUTES - 52 - PLANNING & ECONOMIC DEVELOPMENT COMMITTEE FEBRUARY 21, 1994 That the following proposals submitted by Mr. Edmond Meyers: (a) for the revitalization of the Kitchener Downtown Area; (b) for residential land cost reduction; (c) for installing uniform street number signs on all commercial, industrial, office and residential buildings; be referred to the appropriate staff, agencies, committees or other bodies having responsibility with respect to these matters to consider the issues raised within each proposal. 2. That the 1993 Annual Report of the Economic Development Division be received. That Demolition Control Application DC 93/06/RM (Viceroy Homes) requesting approval for the demolition of a single detached dwelling located at 4296 King Street East, legally described as Lot 9, Beasley's Broken Front Concession, City of Kitchener, be approved subject to the following: a) The owner prepares a Grading and Drainage Control Plan showing drainage details for the subject property, abutting properties and public rights-of-way so as to ensure compatible drainage. The Grading and Drainage Control Plan should also detail erosion and siltation control features. The owner agrees to implement all erosion and siltation control measures prior to the commencement of any site grading, to complete the site grading and drainage scheme in accordance with a plan approved by the City's Chief Building Official and to maintain the erosion and siltation control measures until the site has been fully developed as determined by the Director of Development. The owner must obtain approval of the Grading and Drainage Control Plan prior to the issuance of a demolition permit. b) That the demolition results in the removal of all combustible products (i.e. wood) and the property is maintained to Property and Lot Maintenance Standards. c) Any redundant driveways are to be closed with new curb and gutter and boulevard landscaping, all to City of Kitchener standards, at the Owner's expense. It is the opinion of this Committee that the approval of this application is proper planning for the City. That the following recommendations in Staff Report PD 69/93 be tabled for consideration at a future Planning & Economic Development Committee meeting: That the draft Official Plan Amendment (West Side Study) attached to Staff Report PD 69/93 which recommends that the West Side Study Area be designated Agricultural, Major Open Space, Business Park, Major Institutional and Low Density Residential, be circulated for public and a,qency comment. That Official Plan Amendment 90/6 - Cybau Holdings Inc. (see Map 1) and Official Plan Amendment 91/6 - Hesch Farm (see Map 2) that seek to designate lands located in the Dundee Planning Community as Low Density Residential, be refused. 5. 1. That the City of Kitchener undertake a study in the Huron Business Park Area to determine those adjacent land uses not compatible with the proposed Huron Environmental Cooperative Project, and further PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE FEBRUARY 21, 1994 COUNCIL MINUTES - 53 - FEBRUARY 21, 1994 5. (Cont'd) That the study cost of approximately $16,000. be financed with $8,000. from the Parks Development Account and the remaining 50% funding being requested from the Waterloo County Board of Education with any short fall in financing from the Board coming out of the General Contingency Fund, and further That such study be awarded to Geomatics International Inc. subject to an acceptable contract being negotiated and an upset study cost not to exceed $16,000. That City Council recommend to the Regional Municipality of Waterloo that the following modification be included in their approval of the Mill CourtlandANoodside Park Neighbourhood Secondary Plan: That Schedule 'A' - Plan for Land Use be revised by changing the designation of 3 properties on Kent Avenue from "Low Density Conservation" to "General Industrial" as shown on the Map attached. It is the opinion of this Committee that the approval of this modification to the Secondary Plan is proper planning for the City. 7. That the 1993 Annual Report of the Department of Planning and Development be received. That the recommendation of the Local Architectural Conservation Advisory Committee to designate 264 Victoria Street North (former Baetz Brothers Furniture Building) under the Ontario Heritage Act be referred to the February 28th meeting of the Planning and Economic Development Committee for consideration of the heritage and planning issues affecting proposed redevelopment. (RECOMMENDATION NOT CONSIDERED AS A RESULT OF REFERRAL OF THE LACAC RECOMMENDATION TO THE MARCH 7TH MEETING OF CITY COUNCIL.) COMMUNITY SERVICES COMMITTEE That no action be taken on the request of the Conestoga Sailing School for a 1994 affiliated minor sports grant. That no action be taken on the request of the 8 Wheels Rollersports Club of Waterloo Region for a 1994 affiliated minor sports grant. (DEALT WITH UNDER DELEGATIONS AND CARRIED.) That no action be taken on the request of Big Brothers of Kitchener-Waterloo/Camp McGovern for an in-kind facility rental grant, in the amount of $1,095.00 for use of the Kitchener Farmers' Market Hall on January 22, 1994. That the garden area located at the intersection of Duke Street and Queen Street, currently called Federal Green be renamed "Vogelsang Green"; and further, That appropriate signage be installed to recognize Emil Vogelsang's contribution to the community. 5. That we maintain the age of qualification for senior rates at 55 years of age. FINANCE AND ADMINISTRATION COMMITTEE That staff meet with representatives of the Ministry of Revenue (Property Assessment Office) to consider the situation presented by Mr. G. Brown, Region Utility Contractors Limited, to the Finance and Administration Committee on February 14, 1994 relative to his use of the property at 231 Arnold Street for vehicle storage, with the intention of adjusting the assessment percentage COUNCIL MINUTES - 54 downward to the lowest category, and further, FINANCE AND ADMINISTRATION COMMITTEE (CONT'D) FEBRUARY 21, 1994 FEBRUARY 21, 1994 1. (Cont'd) That subject to staff advising of the outcome of discussions with the Assessment Office, Council consider awarding a grant without prejudice or precedent to Mr. Brown for the entire City portion of the tax arrears. That Council begin a process to consider deregulation of service station hours of operation in Kitchener. That staff advise all gas bar and service station owners and operators in the City of a special Finance and Administration Committee meeting to be held on Monday, March 21, 1994 at 7:00 p.m. in the Council Chamber to hear submissions and discuss the possible deregulation of service station hours of operation. That Chapter 586 (Refreshment Vehicles) of the Municipal Code be amended to remove any regulation of product lines sold on private property, but with no change in the licensing requirements as they relate to health and safety regulations. That no action be taken on the request of Mr. Allan McTavish, Oktoberfest Lions Club, for relief from the Hawkers and Pedlars licence fee relative to an upcoming craft sale in the Community Hall at the Lyle Hallman Pool. That no action be taken with respect to the information provided by Dr. G. Hess, General Manager, Kitchener-Waterloo and North Waterloo Humane Society, dated February 2, 1994 concerning the providing of small animal traps and the removal and release of animals in the wild. That the sum of $200,000.00 be transferred from the Sewer Surcharge Surplus to Index #855020, relative to the scheduled 1994 reconstruction of Waterloo Street from Breithaupt Street to Victoria Street. That Fire Pumper Unit #4511 be replaced in 1994, with funding to be obtained by advancing the pumper replacement allocated in 1995 and reallocating the radio project from 1994 to 1995. That the Building Code By-law be amended as outlined in the draft appended to report #PD94/20 from Mr. J. Witmer dated February 9, 1994 and that Chapter 710 (Building - Permits and Fees) of the Municipal Code be amended accordingly. 10. That subject to receipt of a 75% Ministry of Transportation subsidy, Tender T93-76, Diesel Powered 40' (12.2M) long, 102" (2.6M) wide, Low Floor, Wheelchair Accessible, Transit Coaches, be awarded to New Flyer Industries Limited, Winnipeg, Manitoba at their tendered price of $7,076,706. plus G.S.T. and P.S.T. 11. That a joint Council/Staff committee be struck to review Chapter 548 (Hawkers and Pedlars) of the Municipal Code, and further, That Councillors J. Ziegler, M. Yantzi and B. Stortz be appointed to such Committee. (AS AMENDED) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE That pursuant to Section 29 of the Ontario Heritaqe Act, the Clerk be authorized to publish a Notice of Intention to Designate the property known municipally as 264 Victoria Street North (Baetz Bros. Furniture Building) as being of historic and architectural significance; and further, That the designation apply to the four elevations, the roof and roof line, capping and timber frame machinery housing on the roof, all window and door openings, of the c. 1910 portion of the building, with the specific reasons for designation being those contained in the sub-committee report considered by the Local Architectural Conservation Advisory Committee on February 4, 1994; and further, COUNCIL MINUTES - 55 - FEBRUARY 21, 1994 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (CONT'D) FEBRUARY 21, 1994 (Cont'd) That the Local Architectural Conservation Advisory Committee supports the staging of the site plan approval process for this property. (DEALT WITH MARCH 7TH ISSUES AND PROPERTY.) UNDER DELEGATIONS AND ACTION DEFERRED AND REFERRED TO THE MEETING OF CITY COUNCIL FOR CONSIDERATION OF THE HERITAGE PLANNING ISSUES AFFECTING PROPOSED REDEVELOPMENT OF THE COMMITTEE OF THE WHOLE MINUTES FEBRUARY 21, 1994 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. Licensing Agreement It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated February 7, 1994 to allow the Laurentian Pre School to use a portion of the Kitchener Lions Community Arena from May 28, 1994 to May 28, 1995 for rent in the sum of $2,000.00." 2.License It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association to conduct a Monte Carlo event at the Holiday Inn, Kitchener on April 14-16, 1994 inclusive." 3.Tenders It was resolved: "That tender T94-10, Fleet Vehicles - (Automobiles, Vans), be awarded as follows: Item #1 - three (3), 2 Door Hatchback Cars - to Waterloo North Mazda, Waterloo at their tendered price of $31,650., plus extended warranty, G.S.T. and P.S.T. Item #2 - two (2), Extended Mini Vans - to Parkway Ford Sales, Waterloo at their tendered price of $30,770., plus G.S.T. and P.S.T. Item #3 - three (3), 8,000 lb., G.V.W. Standard Vans - to Parkway Ford Sales, Waterloo at their tendered price of $49,701., plus optional rear heat, G.S.T. and P.S.T. Item #4 - one (1), 8,600 lb., G.V.W. All Wheel Drive Pick-Up Truck - to Parkway Ford Sales, Waterloo at their tendered price of $22,975., plus P.S.T. and P.S.T." - and - "That tender T94-11, Turf Equipment (Mowers), be awarded as follows: Item #1 - to Ontario Turf Equipment Co. Ltd., London, Ontario at their tendered price of $99,840., plus options, G.S.T., P.S.T. and less $8,000. trade in on current City equipment. Item #2 - to G.C. Duke Equipment Limited, Burlington, Ontario at their tendered price of $36,600., plus G.S.T. and P.S.T." 4.Agreement - Schneider Trunk Sewer, Phase 5, Stage 2B (1994) The Committee considered a memorandum from Mr. J. Shivas recommending execution of an agreement with J.M. Schneider Inc. and Schneider Corporation to facilitate the construction of Schneider Trunk Sanitary Sewer, Phase 5, Stage 2B in 1994. COMMITTEE OF THE WHOLE MINUTES FEBRUARY 21, 1994 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) 4.Aqreement - Schneider Trunk Sewer, Phase 5, Staqe 2B (1994) Councillor T. Galloway noted that there were penalties contained in the agreement for delay and questioned if the contractor would be rewarded if the improvement was finished early. Mr. J. Shivas advised that the proposed construction affects the shipping area of both Zettel Manufacturing and Schneiders but that there was an anticipation that the work would be proceeded with quickly to satisfy the concerns of these companies over the construction affecting shipment of their products to market. In response to Councillor Galloway, Mr. Shivas advised that the City would look to the contractor so as to pass on the costs for any penalties incurred as a result of contractor delay. Further he noted that bonusing for early completion of work was not something the City has practiced in the past and Mr. Suzuki confirmed this. Councillor T. Galloway stated that he had raised the issue as a result of frustration that had been incurred with respect to sewer work in the Bedford Road area. It was resolved: "That the Mayor and Clerk be authorized to execute an agreement dated February 15, 1994 with J.M. Schneider Inc. and Schneider Corporation to facilitate the construction of Schneider Trunk Sanitary Sewer, Phase 5, Stage 2B in 1994." 5.Applications for Cancellation, Refund, Reduction or Levy of Taxes - February 21, 1994 Hearinq The Committee was in receipt of a letter dated February 16, 1994 from Mr. R.W. Pritchard concerning tax adjustment applications being processed under Section 442 of The Municipal Act and a memorandum dated February 18, 1994 advising of a revision to Item #39 (Application #1202) of the Summary with a consequent revision to the totals contained in the Tax Adjustment Summary Page dated February 21, 1994. 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." 6.Consent to Transfer The Committee was in receipt of a memorandum dated February 18, 1994 from Mr. J. Shivas which noted that pursuant to restrictions in the original deed from the City respecting 80 Dumart Place, the City has been requisitioned to consent to a transfer of the subject property. It was resolved: "That the City consent to a transfer from Marvin Zieske and John Zieske Jr. to Sunset Door Inc. for the property described as Part 1 on Reference Plan 58R-4941 and municipally known as 80 Dumart Place, Kitchener." 7.Local Aqreement (Social Aqreement) - C.U.P.E. #68 The Committee was in receipt of a report dated February 21, 1994 from Mr. D. Paterson, Director of Human Resources, advising that C.U.P.E. Local #68 has requested the Corporation to consider a local agreement for the remaining two years under the Social Contract Legislation. It was noted that initially under the terms of the Social Contract Act a local agreement with C.U.P.E. Local #68 could not be negotiated and that under the Legislation a "failsafe" plan had been reverted to with Local #68. In response to Councillor J. Ziegler, Mr. R. Freeborn indicated that the local agreement was similar to the other 5 plans developed for the City's other major employee groups, except for the fact that it would be different with respect to the number of unpaid days. 7.Local Aqreement (Social Aqreement) - C.U.P.E. #68 (Cont'd) It was resolved: COMMITTEE OF THE WHOLE MINUTES FEBRUARY 21, 1994 B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D) "That Council ratify the terms of a Local Agreement (Social Contract) between the Corporation of the City of Kitchener and C. U. P.E. Local #68, and further, That the Mayor and Clerk be authorized to execute any necessary documentation in this regard." 8. License - Monte Carlo Event It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Lions Foundation of Canada to conduct a Monte Carlo event at the Kitchener Farmers' Market, Kitchener on March 26, 1994."