Loading...
HomeMy WebLinkAboutCouncil Minutes - 1994-05-24COUNCIL\1994-05-24 COUNCIL MINUTES MAY 24, 1994 CITY OF KITCHENER The Council of the Corporation of the City of Kitchener met this date with all members present. Prior to the commencement of the Council meeting, a ceremony was held to unveil and dedicate the new Mayoralty Board for the City of Kitchener. The Mayoralty Board is located on the second floor adjacent to the Offices of the Mayor and Council. On motion by Councillor C. Zehr, the minutes of the regular meeting held on May 9, 1994, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATION REFERRED DIRECTLY TO FILE - (1) Letters from the Cities of Guelph and Stratford endorsing Council's resolution of March 28, 1994 regarding proposed elimination of VIA Rail service in the Toronto-Kitchener-Sarnia route. Mayor D.V. Cardillo advised that there were delegations in attendance in regard to clause 1 of the Community Services Committee report dealing with relocation of the Rockway Lawn Bowling Club. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That clause 1 of the report of the Community Services Committee of this date be adopted. Councillor G. Lorentz indicated that members of Council had been provided with a financial analysis dealing with five possible sites and suggested the issue be dealt with at the June 6 meeting of the Community Services Committee. Mr. T. Clancy commented that a preliminary cost comparison has been done but that there was still a problem relating to the issue of existing buildings that may or may not meet requirements. He indicated that more information would be available at the Committee meeting. Councillor B. Stortz suggested that clause 1 be amended so as to ensure an analysis of traffic impact particularly with respect to on-site parking was included as part of the site selection process. Councillor C. Zehr suggested that given the limited time available for additional information to be finalized, that such information be tabled June 6 for debate at the following meeting. Councillor J. Smola suggested that since additional information would be coming forward that the Committee consider the issue at its June 20 meeting. Councillor J. Ziegler stated that he favoured the June 20 date as issues could be clarified and commitment criteria, as well as Club House costs at the various locations specified, including any conditions affecting the $40,000 contribution. Councillor M. Wagner commented that the site selection process must be decided on and the reaction of area residents must also be considered. Mr. T. Clancy indicated that all these concerns could be addressed in a comprehensive staff report for the June 20 meeting. A motion by Councillor B. Stortz, seconded by Councillor J. Ziegler to amend clause 1 of the Community Services Committee report to include an analysis of costs, traffic/parking and neighbourhood impact comparisons was put to a vote and Carried. The main motion of Councillor G. Lorentz, as amended, was then put to a vote and it was resolved: "That staff in conjunction with the Rockway Lawn Bowling Club and affected communities, prepare a comprehensive report on the possibility of relocating the Rockway Lawn Bowling Club to each of the top five sites, as noted in the Rockway Lawn Bowling Club Evaluation, and any other site deemed suitable by staff. Such report will include relevant site comparison criteria as well as an analysis of costs, neighbourhood impact and traffic impact as it relates to on-site parking and shall be considered at the June 20, 1994 meeting of the Community Services Committee, and further, That staff be directed to give notice of the Committee meeting date to all those who have previously been involved in consideration of this matter." Ms. Kathi Smith, President of the Kitchener-Waterloo Chamber of Commerce, appeared as a delegation on behalf of the Community Committee that has been planning an official "Community Tribute to Dom MAY 24, 1994 COUNCIL MINUTES - ~68- CITY OF KITCHENER Cardillo" in recognition of his years of service to the citizens of Kitchener. She advised that a community tribute reception and dinner has been planned for Thursday, September 29, 1994. The tribute would commence with a reception between 6:00 - 7:15 p.m. (cost $7.50) and a dinner at 8:00 p.m. at the Kiwanis Arena (cost for combined reception and dinner $35). Ms. Smith indicated that her purpose was to alert members of the public and City Council to the date in order that those interested could plan to attend. Ms. Smith also requested that Council declare Thursday, September 29 as "Dom Cardillo Day" in the City of Kitchener. Moved by Councillor G. Lorentz Seconded by Councillor B. Stortz That Thursday, September 29, 1994 be proclaimed "Dom Cardillo Day" in the City of Kitchener. Carried Unanimously. Mrs. Mary Pappert and Mr. George Bechtel appeared as a delegation in regard to the item listed as B.1 of the Committee of the Whole agenda of this date concerning the proclamation of "Trains for People Week" and support for a "Trains for People Rally". Mrs. Pappert stated that the reason for their appearance was the threat that passenger train service along the SarnialLondonlKitchenerl Guelph/Toronto route could be eliminated in October, 1994. She advised that her purpose was to ask that Kitchener City Council proclaim the week of June 5-11, 1994 as "Trains for People Week" and to publicize plans for a "Trains for People Rally" to be held in the Rotunda of Kitchener City Hall on Thursday, June 9, 1994 at 7 p.m. She advised that several Members of Parliament would be on the panel of the Trains for People Rally to listen to concerns of residents and politicians. Mrs. Pappert questioned the willingness of government to allow the train system to die when other countries of the world are focusing on developing fast and efficient passenger train service. Mrs. Pappert questioned the direction of the Canadian Government Transportation Policy and related expenditures that support other transportation based industries to the detriment of rail transportation service. She thanked Council for the support it has given so far on this issue and extended an invitation to attend the June 9 rally. Councillor M. Wagner questioned if the delegation thought the Federal government was listening to their concerns and Mr. G. Bechtel replied that the cost of maintaining the Kitchener line is minimal compared to the overall Federal Government Transportation Budget. A general discussion took place touching on such issues as: distances being more properly measured in time, rail service costs compared to the real cost of other forms of transportation, future high speed trains that will close the gap between Cities, invitations to the rally which will be sent to all M.P.s from Sarnia to Brampton, and the need for Federal/Provincial governments to communicate with each other on transportation policy. In closing, Mrs. Pappert pointed out that what was needed was a transportation policy based on common sense and asked for Council's further support in mailing petitions to people requesting them which could be signed and brought to the rally. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz "WHEREAS the Councils of the Cities of Kitchener and Waterloo oppose the impending elimination of passenger train service through Kitchener in October 1994, we therefore proclaim the: Week of June 5-11, 1994 as 'Trains-For-People Week' Our citizens are encouraged to join in a rally of support for improved passenger train service in Canada: 'Trains-For-People Rally' Thursday, June 9, 1994 7:00 - 8:00 p.m. MAY 24, 1994 COUNCIL MINUTES - ~69- CITY OF KITCHENER Kitchener City Hall Rotunda." Carried. Mr. John MacDonald, President of the Victoria Park Neighbourhood Association, appeared as a delegation to present a submission "A Festival of Neighbourhoods, a Commonplace Proposal", which was distributed to Council. Mr. MacDonald explained that a group of neighbours from across the City proposes to organize a celebration for the upcoming Summer and early Fall encompassing events that would take place throughout the City's neighbourhoods and culminate at Kitchener City Hall in mid- September. The focus would be on ordinary and common aspects of the community that promote the quality of life within the community. In his submission, Mr. MacDonald touched on common aspects which he referred to as "the common sense" and "the common place" within neighbourhoods that support a strong and healthy City. He provided a calendar of events for the festival and in this regard recommended an information package be developed to act as a suggestion guide and "How to" manual, to assist residents to discover their neighbourhoods, organize temporary street closures and/or use City facilities or other initiatives. In concluding his presentation, Mr. MacDonald requested Council's approval in principle for the proposal and approval of several other requests relative to City participation/support of the proposal. A general discussion took place as members of Council posed questions which were responded to by Mr. MacDonald concerning his proposal. The following points were raised during this discussion: size, limitation and costs of the September Festival Day at City Hall. promote the event for all residents and not just those living in the downtown area. any group of residents could participate as participation is not limited to defined neighbourhood associations. many of the activities mentioned by Mr. MacDonald are already going on. Waterloo Regional Police fully support such activities that strengthen neighbourhoods. promoters should approach the non-residential sector within their own residential areas to solicit support. concern expressed that generally neighbourhood community associations wind down their level of activities during summer months. the proposal was a fairly cost-effective way to promote events within neighbourhoods with the exception of the proposed September 17 Festival Day. Moved by Councillor B. Stortz Seconded by Councillor M. Wagner That Council support, in principle, the request of Mr. John MacDonald to carry out a Festival of Neighbourhoods, subject to an investigation and report on the details and related costs, on the understanding that such support does not involve any financial commitment by the City. Carried. 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. Carried. Moved by Councillor G. Lorentz Seconded by Councillor J. Smola That the report of the Community Services Committee of this date be adopted. The Committee was in receipt of a letter dated March 24, 1994 from Mr. J. Gazzola reporting on financial issues relative to a three-day Multicultural Festival. Mr. Gazzola advised that he had sought a compromise position on the financing request through additional contributions from revenue generating participants if the festival was to run an extra day. The issue of there being possible substantial costs to MAY 94, 1994 COUNCIL MINUTES -970- CITY OF KITCHENER restore the grounds at the location of the Festival was questioned and Mr. T. Clancy advised that this depends on extremes of weather conditions occurring. On motion by Councillor G. Lorentz, seconded by Councillor J. Smola, it was agreed to amend clause 5 of the report so as to provide for an in-kind grant of $12,500 in 1994. The report was then put to a vote. Voted on clause by clause. Clause 1 Dealt with under delegations and Carried, as amended. Clause 5 - Carried, as amended. Balance of report - Carried. Moved by Councillor C. Zehr Seconded by Councillor B. Stortz That the report of the Finance and Administration Committee of this date be adopted. Councillor J. Smola disclosed a conflict of interest and abstained from all voting and discussion concerning clause 5 of the report as a family member is employed by the Kitchener Fire Department. Councillor T. Galloway stated that he was opposed to clause 5 of the report which recommends no action be taken on an early retirement proposal of the Kitchener Professional Firefighters Association. He stated that their estimates indicate the City could save a considerable amount of money. However, he stated that staff do not look favourably on the proposal because the savings are not sustainable. Councillor Galloway maintained that sustainability should not be the key factor in making this kind of decision. Councillor M. Yantzi commented that the proposal brings into consideration the question of fairness relating to a benefit that other employee groups do not have. Councillor C. Zehr commented that firefighters have been treated fairly and that there are already retirement payout incentives in place for them to take advantage of. Councillor G. Lorentz noted that for firefighters experience means everything and he could not support incentives that would remove large numbers of very experienced firefighters. Councillor Galloway stated that he was concerned more with the attitude that savings have to be sustainable in order to be supported on the basis that such a position sent the wrong message to City staff. Councillor C. Zehr disagreed with Councillor Galloway's interpretation of this issue. The report was then put to a vote. Voted on clause by clause. Clause 5 - Carried. Balance of report - Carried. Recorded conflict of interest and abstention: Clause 5 - Councillor J. Smola as a family member is employed by the Kitchener Fire Department. Councillor T. Galloway asked that his opposition to clause 5 be noted in the minutes. 4. Moved by Councillor J. Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. MAY 24, 1994 COUNCIL MINUTES - ~71- CITY OF KITCHENER Councillor B. Stortz noted that at the May 16 meeting of the Public Works and Transportation Committee an informational report on traffic calming was distributed. In this regard, he requested that measures necessary for traffic calming on Heritage Drive be discussed at the Committee's June 6 meeting and that policies for traffic calming be discussed at the Committee's June 20 meeting provided that sufficient time was available for such agenda item. The report was then put to a vote and Carried. Councillor J. Ziegler referred to the recent fatality involving a transit bus and advised that an inquest is going to be held. He requested that Mr. J. Shivas keep Council informed of details as they become available and suggested that a public meeting should be held in late September to consider issues arising from the inquest. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the City accepts, and the Mayor and Clerk be authorized to execute an Offer to Purchase from lan Cook Construction Limited, In Trust, with respect to lands composed of Part of Parts 2, 18 and 19, Reference Plan 58R-7231, being an area of approximately 1.3 acres in Phase I, Lancaster Corporate Centre at a total purchase price of $169,302." Carried. Mr. T. McKay explained that the offer from lan Cook Construction Limited was actually a conditional offer that was based on the application receiving approval of a grant from the Federal Government. Mr. McKay was requested to comment on the proposal and advised that it involves the construction of a C2000 office structure utilizing concepts and materials similar to the Waterloo Region Green Home that was built in the City of Waterloo. Councillor G. Leadston advised that since the removal of the one-hour free parking at City Hall, he has received a number of telephone calls from residents enquiring if there was some way they could quickly pay their bills at City Hall without incurring a parking charge. He questioned if such residents could be allowed to enter the City Hall parking garage and pay their utility bills at the parking cashier booth and be allowed to exit without charge. Mr. T. McKay advised that Management Committee had a similar discussion on the matter of public convenience in paying bills at City Hall and required that contractors vehicles that were being parked at metered spaces on Young Street be removed to make them available to the public to quickly enter and leave City Hall for the purpose of paying bills. However, he advised that staff could look into Councillor Leadston's suggestion. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler That staff be authorized to offer Mr. James McGlynn and Mr. Gerry Straus an extra early retirement incentive for 50% of the savings resulting from a downward change in their respective job ratings as outlined in the report of Mr. R. Freeborn dated May 18, 1994. Carried. Council was provided with an update on the Huron Natural Park and the attendance by Dr. Roberta Bondar recently at John Darling Public School under sponsorship of Canada Trust Friends of the Environment Program. It was noted that the Steering Committee setup to guide the project has established four sub-committees to deal with the following issues: a legal entity which will establish a simple corporation, fundraising activities, use agreements between the City and School Boards and land acquisitions. A cheque in the amount of $43,500 was presented for the Huron Natural Park by the Canada Trust Friends of the Environment Foundation and it was noted that they have pledged to continue their financial support of the project. Councillor G. Lorentz referred to Provincial Bill 120 dealing with duplexing that was recently passed by the Province. He questioned what takes precedence in terms of the City's Zoning By-law and proposed Stage VII changes and questioned if the Planning Department could report on the impact of Bill 120 at a future meeting. Mr. T. McCabe advised that it was expected Bill 120 would receive Royal Assent in August but there was a concern with respect to timing as the City would be advertising its September public meetings for Stage VII of the Comprehensive Zoning By-law in August. Basically, Mr. McCabe MAY 24, 1994 COUNCIL MINUTES -~7~- CITY OF KITCHENER indicated that the City would have to comply with the legislation and add duplexes to all single family zones. He indicated that the issue of parking was not clear with respect to the legislation and staff were waiting for regulations from the Province that would clarify this matter. Further discussion took place and it was the general position of members of Council that the City not be compliant with respect to this Provincial Legislation which was neither needed, required or wanted. Councillor G. Lorentz advised that he had again attended the Forest Heights Victoria Day fireworks display and issued a special thanks to the many volunteers who worked long hours in support of this very successful event. Moved by Councillor J. Smola Seconded by Councillor C. Zehr That in view of the infrastructure program to widen Homer Watson Boulevard, and the settlement reached between Berkshire Building Corporation and Canada Alloy Castings Ltd., the City supports the application of Berkshire Building Corporation before the Ontario Municipal Board on May 30, 1994. Carried. Mayor D.V. Cardillo advised of a Mayor's proclamation from the Cities of Kitchener and Waterloo proclaiming the week May 29-June 4, 1994 as Community Foundation Week in the Cities of Kitchener and Waterloo in recognition of the work of the Kitchener and Waterloo Community Foundation which is celebrating its 10th anniversary this year. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close Dooley Drive between Bradley Drive and Simpson Avenue to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (b) Being a by-law to adopt a new Official Plan of the City of Kitchener to be known as the Municipal Plan (c) Being a by-law to close Vancamp Avenue between Highland Road and Spadina Road to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (d) Being a by-law to close a portion of King Street between the intersections of Young Street and Queen Street in order to enable its use for community recreational purposes (e) Being a by-law to amend By-law 4830 known as the Zoning By-law - Roy and Bernetta Wettlaufer- Howe Drive - No.931201HIZJ (f) Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs (g) To confirm all actions and proceedings of the Council (h) Being a by-law to amend By-law 4830 known as the Zoning By-law - Glen Urquhart - Old Mill Road - No.94/05/O/JW (i) Being a by-law to exempt a certain lot from Part Lot Control - Lots 81 to 87 inclusive, Lots 89 to 97 inclusive and Lots 102 to 107 inclusive, Registered Plan 1770 - Ridgeway Crescent and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. MAY 24, 1994 COUNCIL MINUTES -~73- CITY OF KITCHENER On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor D.V. Cardillo appointed Councillor C. Zehr as chairman. On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the chair. Moved by Councillor C. Zehr Seconded by Councillor J. Smola That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Councillor J. Smola Seconded by Councillor G. Lorentz That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) (e) Being a by-law to close Dooley Drive between Bradley Drive and Simpson Avenue to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (f) (g) (h) (i) (By-law No. 94-89) Being a by-law to adopt a new Official Plan of the City of Kitchener to be known as the Municipal Plan (By-law No. 94-90) Being a by-law to close Vancamp Avenue between Highland Road and Spadina Road to vehicular traffic on a temporary basis for social, recreational, community or athletic purposes (By-law No. 94-91) Being a by-law to close a portion of King Street between the intersections of Young Street and Queen Street in order to enable its use for community recreational purposes (By-law No. 94-92) Being a by-law to amend By-law 4830 known as the Zoning By-law - Roy and Bernetta Wettlaufer- Howe Drive - No.931201HIZJ (By-law No. 94-93) Being a by-law to amend Chapter 530 of The City of Kitchener Municipal Code with respect to Dogs To confirm all actions and proceedings of the Council (By-law No. 94-94) (By-law No. 94-95) Being a by-law to amend By-law 4830 known as the Zoning By-law - Glen Urquhart - Old Mill Road - No.94/05/O/JW (By-law No. 94-96) Being a by-law to exempt a certain lot from Part Lot Control - Lots 81 to 87 inclusive, Lots 89 to 97 inclusive and Lots 102 to 107 inclusive, Registered Plan 1770 - Ridgeway MAY 24, 1994 COUNCIL MINUTES -~74- CITY OF KITCHENER Crescent (By-law No. 94-97) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Council authorize temporary occupancy for retailing of sportswear fashions at 113 Breithaupt Street, as an accessory use to a manufacturing/repair service to a maximum of 50% of the associated gross floor area. Such occupancy shall be at the sole risk and liability of the owner/tenant in the event the Committee of Adjustment or Ontario Municipal Board does not give final approval to the variance application. That Zone Change Application 94/05/0/JW (Glen Urquhart) requesting a change in zoning from Township Agricultural (Twp. A.) according to By-law 878A to Restricted Residential (R2A) with a special regulation according to By-law 4830, on Lots 128 and 129, Registered Plan 578, be approved in the form shown in the Proposed By-law attached dated April 11, 1994, 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 condition #2 of Zone Change Application 92/17ANNL (Mario and Ana Radovic) approved by City Council on September 27, 1993 be revised to provide for an alternative to a Letter of Credit and be reworded as follows: That the Owners receive site plan approval, from the General Manager of Planning and Development and submit a Letter of Credit for required site works, or alternatively, complete all site works in accordance with the approved site plan. Site Plan Approval shall be conditional upon final approval of the Zoning By-law. And further, that Council support an extension to the deadline for fulfilling conditions of approval of Zone Change Application 92/17ANNL (Mario and Ana Radovic) to September 1, 1994. That Planning and Development Staff Report PD 94/45, Municipal Mediation Pilot Program - Year End Report and Summary of Results, be accepted for information; and further, That Council continue to support the use of mediation to resolve disputes in the planning process and that a mediation program within the Department of Planning and Development be developed for future consideration by City Council prior to implementation. That Zone Change Application 92/36AN/ZJ (Planning Initiatives for City of Kitchener) requesting a change in zoning from Hazard Land Zone (P-3) to Hazard Land Zone (P-3) with a temporary use provision on Part of Block 42, Registered 1677, be approved in the form shown in the proposed By-law attached, dated April 18, 1994, subject to the following conditions being satisfied prior to any readings of the By-law by Council: To arrange for notification by letter from the Regional Municipality of Waterloo to the City's Clerk, that all Regional requirements have been satisfied with respect to the proposed development. 5. (Cont'd) To arrange for notification by letter from the Ministry of Natural Resources to the City's Clerk, agreeing to recommend to the Minister, City Council's endorsed plans and conditions as specified in Part (B) of this resolution. It is the opinion of this committee that the approval of this application is proper planning for the City MAY 24, 1994 COUNCIL MINUTES - ~76- CITY OF KITCHENER COUNCIL MINUTES MAY 24, 1994 - ~76- CITY OF KITCHENER and is B. REPORTS ADOPTED BY COUNCIL in conformity with the City's Approved Official Plan. That the Ministry of Natural Resources have regard to the following matters in considering the application by the City of Kitchener for a Class A license on Part of Block 42, Registered Plan 1677: Approval by the City of Kitchener of a Zoning By-law to permit a pit is based on the existing features plan, general operations plan, detailed operation, progressive rehabilitation and final rehabilitation plans and notes thereto, dated 92 10 26 and revised 94 04 12 and attached to report PD 94/26. The City of Kitchener requests that these plans be the basis of the license application. The City of Kitchener requests that the following notes be included in the Aggregate Resources Act site plans: a) Planting to be completed within one year of commencing berm construction. b) Erosion siltation control measures to be implemented for berm construction and maintained until ground cover is well established on berms. That clauses #6 and #7 of the Planning and Economic Development Committee report approved by City Council on March 7, 1994, respecting an exchange of lands between Berkshire Building Corporation and the City of Kitchener, be rescinded. And further, that staff be directed to prepare an Offer to Purchase from Berkshire Building Corporation for 2.74 acres being Part 1, 58R-8921 in Phase II of Huron Business Park in exchange for 1.97 acres being Part 4, 58R-5310 in Phase II of Huron Business Park. COMMUNITY SERVICES COMMITTEE - That staff in conjunction with the Rockway Lawn Bowling Club and affected communities, prepare a comprehensive report on the possibility of relocating the Rockway Lawn Bowling Club to each of the top five sites, as noted in the Rockway Lawn Bowling Club Evaluation, and any other site deemed suitable by staff. Such report will include relevant site comparison criteria as well as an analysis of costs, neighbourhood impact and traffic impact as it relates to on-site parking and shall be considered at the June 20, 1994 meeting of the Community Services Committee. And further, that staff be directed to give notice of the Committee meeting date to all those who have previously been involved in consideration of this matter. (Dealt with under delegations and carried, as amended). That consideration of the grant request of the Kitchener Horticultural Society be deferred to the Community Services Committee meeting of June 6, 1994, to allow staff and the Horticultural Society an opportunity to work on the Master Plan for Rockway Gardens. That we approve a cash grant, in the amount of $500.00, for Binoojiinh Aawaakoshing to assist with the cost of their incorporation. COMMUNITY SERVICES COMMITTEE - That we approve a cash grant, in the amount of $1,400.00 for the Ontario Lawn Bowling Association of the Blind to assist with their travel costs to the National Championship in Saskatoon, from August 9 - 14, 1994. COUNCIL MINUTES MAY ~4, 1994 - ~77- CITY OF KITCHENER COUNCIL MINUTES MAY ~4, 1994 - ~77- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That we support, in principle, to the extension of the 1994 Multicultural Festival to a three day event; and further, That the K-W Multicultural Festival Committee be awarded an in-kind grant of $12,500 in 1994, and further, That immediately upon completion of the Festival the financial results be reviewed. (As Amended). That we approve an exemption to the Municipal Code Chapter 210 (Cemeteries-Municipal) to allow for the installation of a flat marker at the foot end of lot #7 in the Acacia Gardens. That we approve an in-kind services grant in the amount of $350.00 for the Victoria Hills Neighbourhood Association to cover the cost of the street closing on June 18, 1994, for their fireworks display. FINANCE AND ADMINISTRATION COMMITTEE - That subject to the applicant meeting all requirements of the municipality and the Kitchener Downtown Business Association, the City has no objection to the operation of an outdoor patio by Dandy's Restaurant during the Downtown Sidewalk Sale to be held July 13, 14, 15 and 16, 1994 as outlined in the written submission and diagram from Mr. G. Bardouniotis dated May 4, 1994, and further, That the City has no objection to an application by Dandy's Restaurant to the Liquor Licensing Board of Ontario for an extension of its Liquor Licence to the outdoor street patio during the Downtown Sidewalk Sale. That no action be taken on the claim for damages by Mr. Z. Janecki arising from an automobile accident on the entrance ramp of the City Hall parking garage. That no further immediate action be taken regarding the lease or sale of 122 Frederick Street (former Registry Building) pending completion of an investigation into the building's highest and best possible use, with the findings of this investigation to be discussed at the June 6, 1994 Finance and Administration Committee meeting and to include the following: a full report from the Facilities Management Division concerning the physical aspects and present condition of the building, including, the lot size, floor plan and square footage; a full report from the Finance and Legal Departments regarding all financial implications, including, present worth of the building, market value rent or leasing revenue possibilities, taxes, heat and operating costs, and further, That prior to the June 6 meeting a tour of the Registry Building be arranged for Council and Management Committee. That Council adopt the draft policy on multiple jobs within the Corporation dated May 6, 1994 and appended to the report of Mr. D. Paterson dated May 11, 1994. That no action be taken on the early retirement proposal of the Kitchener Professional Fire Fighters' Association as presented to the Finance and Administration Committee on April 18, 1994. That no action be taken on the request of Mr. Marcus Pollock for an Ice Cream Vehicle Driver Licence. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - MAY 24, 1994 COUNCIL MINUTES -278- CITY OF KITCHENER COUNCIL MINUTES MAY 24, 1994 - 278- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Waterloo County Shriner Club Inc. be permitted to hold a Shrine Ceremonial Parade in the City of Kitchener on Saturday, June 4, 1994, and further, That all costs associated with the closure of streets intersecting King Street and also the disband area by Traffic Maintenance be borne by the organizers, and further, That the appropriate by-law under Section 352(61) of the Municipal Act be enacted for the closure of the disband area located on King Street between Young Street and Queen Street. That Dooley Drive, between Bradley Drive and Simpson Avenue, be closed on Sunday, May 29, 1994 from 3:00 p.m. to 9:00 p.m., with a rain date of Sunday, June 5, 1994, 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 parking be prohibited on both sides of Gateway Park Drive from King Street East to Sportsworld Drive, and further, That the Uniform Traffic By-law be amended accordingly. That the Ministry of Transportation for the Province of Ontario and its Contractor(s) be exempt from the provisions of Chapter 450, Article 6 (Noise - Construction Work) of the City of Kitchener Municipal Code during the surface recycling overlay procedure on the Kitchener-Waterloo Expressway between Lancaster Street and the north/west City limits from May 20th to June 30th, 1994. That Chopin Drive be closed to traffic between Westmount Road and Markwood Drive on Saturday, June 18, 1994 between the hours of 4:30 p.m. to 10:00 p.m. and that a rain date of June 25, 1994 also be approved, and further, That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted. That Vancamp Avenue, between Highland Road and Spadina Road, be closed from 5:00 p.m. to 11:00 p.m. on Saturday, June 4, 1994 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 Arts Fest '94 be permitted to occur in the City of Kitchener from June 16 to 18, 1994, and further, That Eby Street, between King Street and Duke Street, and Market Lane, from Eby Street to the Three Minute Deli's parking lot, be closed for the festival, and further, That the participants in the Arts Fest be allowed to park free of charge in the Eby Street lot, and further, That we make application to the Regional Municipality of Waterloo for permission to close Frederick Street, between King Street and Duke Street, from June 16 to 18, 1994 for the Arts Fest, and further, That all costs to close Frederick Street, Eby Street and Market Lane be borne by the Kitchener Downtown Business Association, and further, That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted. COUNCIL MINUTES MAY 24, 1994 - 279 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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. Proclamation - "Trains-For-People" This item was dealt with under delegations. 2. Proclamation - Civic Holiday It was resolved: "That Monday, August 1, 1994 be proclaimed Civic Holiday in the City of Kitchener." 3. M.T.O. 1994 Subsidy Allocations It was resolved: "That the Mayor and Clerk be authorized to execute the Program of Proposed Expenditures for highway improvements for the year 1994 totalling $3,330,300." 4. Banner Request It was resolved: "That St. Mary's General Hospital Foundation be granted permission to have a banner erected on King Street at Frederick/Benton Streets from Monday, September 26, 1994 to Sunday, October 16, 1994 inclusive in conjunction with the 70th Anniversary of St. Mary's General Hospital. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 5. Licenses It was resolved: "That the Queen Helena Canadian-Croatian Cultural & Charitable Society be granted permission to operate a Garage Sale and Refreshment Stand at St. Daniel's Church, at the corner of Franklin and Ottawa Street, Kitchener on June 11, 1994, provided that the necessary Health approvals and licence are obtained." - and - "That the Doon Heritage Crossroads be granted permission to operate a refreshment stand at 10 Huron Road, Kitchener, on May 28 and September 18, 1994, provided that the necessary Licence and Health an Fire approvals are obtained." - and - COUNCIL MINUTES MAY 24, 1994 - 280 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 5. Licenses (Cont'd) "That the Doon Pioneer Park Community Association be granted permission to operate a refreshment stand, outdoors, at the Pioneer Park Mall, Kitchener, on June 11, July 9 and August 13, 1994, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That M & M Meat Shops be granted permission to operate a refreshment stand at the following locations, provided that the necessary Licence and Health and Fire approvals are obtained: Civic Square (Kitchener City Hall) 421 Greenbrook Drive, Kitchener 2880 King Street East, Kitchener 10 Lorraine Avenue, Kitchener on June 17,1994 on June 18,1994 on June 18,1994 on June 18,1994." 6.Siqn Variance - BRIDGEPORT NORTH WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of May 10, 1994, recommending approval of S 3/94 - The Greek Orthodox Community of Saints Peter & Paul - Be Ratified and Confirmed." 7. Fence Variance - SOUTH WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of May 10, 1994, recommending approval of Submission No. F 1/94 - Jim & Donna Besszong - Be Ratified and Confirmed." 8.Tender Councillor T. Galloway questioned if neighbourhoods were consulted with respect to the kinds of playground equipment to be supplied to new playgrounds when they were developed. Mr. T. Clancy advised that new playgrounds were generally developed with both new and used equipment. He noted that where new playgrounds were involved the neighbourhoods were consulted, whereas, in the case of existing playgrounds, new equipment was supplied without detailed consultation. It was resolved: "That proposal P94-33, Playground Equipment - Supply and Install, be awarded as follows: Items 1, 2, 3, 4, 8 and 9 to Paris Playground Equipment Inc., Paris, Ontario at their proposed price of $53,850. (plus G.S.T.) Items 5, 6, and 7 to Belair Recreational Products Inc. of Brantford, Ontario at their proposed price of $27,150. (plus G.S.T.)." COUNCIL MINUTES MAY 24, 1994 - 281 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 9.Sale of Vacant City Property - SOUTH WARD It was resolved: "That the City of Kitchener accepts the offer from the Regional Municipality of Waterloo to purchase for the sum of $1.00 vacant City land known as parts of Biehns Unnumbered Tract and described as parts of part No. 4, 7, 8 and 9 on Reference Plan 58R-6705." 10. Waiver of Insurance Requirement - CENTRE WARD It was resolved: "That the requirement that Judy Farrage, registered owner of Lot 75, Subdivision of Lot 2, German Company Tract, known as 650 King Street East, Kitchener obtain and maintain public liability and property damage insurance in the amount of one million ($1,000,000.00) dollars for the property at 650 King Street East, Kitchener as set out in Section 10. of the Encroachment Agreement dated October 27, 1993 prepared by the City Solicitor, be further postponed until November 28, 1994 at which time a Certificate of Insurance must be provided to the City Solicitor." 11. Request to Waive Licenses The Committee considered a request from Doon Heritage Crossroads that Council waive the required licensing fees in connection with the Waterloo Regional Fire Fighters' Muster and Picnic being held May 28th. A memorandum from the Manager of Licensing was provided that recommends license fees be applied as they are not donating their proceeds to charity nor are they local businesses that pay taxes to the City. Councillor M. Yantzi commented that this situation was an example of the City's licensing policy getting in the way of promoting this type of festive event. Councillor J. Ziegler suggested that the City consider developing another fee schedule that would address this type of event and asked that staff provide a report on a two level system of licensing for Hawkers and Pedlars that would address this type of situation. It was resolved: "That we grant the request for the waiving of the Specific Location Daily Sales Licences for the vendors participating in the Waterloo Regional Fire Fighters' Muster and Picnic to be held on May 28, 1994, at Doon Heritage Crossroads, Kitchener." 12. Community Services Committee Appointment It was resolved: "That Councillor J. Ziegler be re-appointed to the Community Services Committee effective May 24, 1994." 13. Encroachment Aqreement The Committee was in receipt of a memorandum dated May 24, 1994 from Ms. L. MacDonald concerning the operation of a hotdog cart by the Sol-Mar Restaurant. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the owners/operators of Sol-Mar Restaurant Inc. to operate a hotdog cart in front of the COUNCIL MINUTES COUNCIL MINUTES MAY 24, 1994 - 282- CITY OF KITCI:IENER COUNCIL MINUTES MAY 24, 1994 - 282- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL MAY 24, 1994 - 282 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - (CONT'D) 13. Encroachment Aqreement (Cont'd) restaurant located at 323 King Street West from May 29, 1994 to October 31, 1994, subject to Sol-Mar Restaurant Inc. providing on a monthly basis, evidence that the person(s) operating the hotdog cart is an employee of the Corporation in accordance with the provisions set out in the Agreement prepared by the City Solicitor." 14. Banner Request The Committee was in receipt of a request dated May 24, 1994 from Mr. R. Reist, ARW Productions Inc., requesting permission to erect a banner at King/Frederick Streets. The purpose of the banner is to make the general public aware of the charitable fundraising efforts taking place at the Golden Triangle Premier Horse Show. It was resolved: "That ARW Productions Inc. be granted permission to have a banner erected on King Street at Frederick/Benton Streets from Monday, July 4, 1994 to Sunday, July 24, 1994, inclusive, in conjunction with the Golden Triangle Premier Horse Show. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 15. Licenses The Committee was in receipt of a letter dated May 24, 1994 from Mr. Mark Lis requesting permission on behalf of the Kitchener-Waterloo Skating Club to hold a fundraising barbecue in front of the Zehrs Highway Market, Weber Street, on numerous dates. Mr. G. Sosnoski suggested that Council deal with the most immediate dates of the request and defer consideration of the requested dates for July, August, September and October, so as to allow Licensing staff to consider the matter and prepare a formal report and recommendation to Council. It was resolved: "That the Kitchener-Waterloo Skating Club be granted permission to operate a refreshment stand, outdoors, at the Zehrs Highway Market, Weber Street East, Kitchener on May 26, 27 and 28, 1994, and June 9, 10 and 11, 1994, provided the necessary license, health and fire approvals are obtained, and further, That the additional requested dates be referred to staff for report and recommendation to Council." 16.Amendment to Aqreement - Ministry of Enerq¥ - Coqeneration Equipment Grant The Committee was in receipt of a memorandum dated May 19, 1994 from Mr. C. Ford regarding the 1991 grant approval the City received from the Ministry of Energy to assist in the installation of the cogeneration and absorption chiller in the new City Hall. Because of construction and start-up delays, an amendment to the agreement is required in order to complete the MAY 24, 1994 COUNCIL MINUTES - ~83- CITY OF KITCHENER COUNCIL MINUTES MAY 24, 1994 - 283- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL agreement and thus allow the City to receive the final $5,000.00 installment of its grant. It was resolved: "That the Mayor and Clerk be authorized to execute the May 3, 1994 amendment to the agreement with the Ministry of Energy regarding the cogeneration grant."