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HomeMy WebLinkAboutCouncil Minutes - 1995-01-23COUNCIL\1995-01-23 JAN UARY 23, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. The meeting began with the singing of "O Canada" by twenty-six members of the Queen Helena Canadian-Croatian Cultural and Charitable Society. Mayor Richard D. Christy commented that the signing of "O Canada" prior to City Council meetings was one of the new initiatives of the 1995-1997 Council. On motion by Councillor G. Lorentz, the minutes of the regular meeting held December 19, 1994 and the special meeting held January 16, 1995, as mailed to the Mayor and Councillors, were accepted. Councillor Jake Smola requested to be recorded as having a conflict of interest with regard to the matter of the Environmental Assessment Hearing and pointed out that the conflict originates because his brother is an employee of the company which was the subject of the Hearing. A. COMMUNICATIONS - N I L Mayor Richard D. Christy and Councillor G. Lorentz jointly undertook the presentation of United Way appreciation awards to a number of City employees, each representing their union, non-management and management working groups. Mayor Christy pointed out that City of Kitchener employees and members of Council had pledged over $53,000 to the 1994 United Way Campaign. In addition to the employee groups receiving awards, Mayor Christy also accepted an award on behalf of members of City Council. He then thanked the employees and members of the public for the strong community support existing within Kitchener for the United Way. Councillor G. Lorentz introduced Ms. Joyce Cruickshank who then proceeded to introduce Mr. Kerry Gerber who was the incoming 1995 United Way Campaign chairperson. He advised that he was appearing to present the City of Kitchener with an award for its support of United Way as an organization within the public service sector. Mr. Gerber asked Mr. Paul Mennie to accept the City award along with Ms. Alison Bures who was unable to be in attendance this date. Mr. Mennie then expressed appreciation for the support he received from his close associates in order to successfully carry out the duties of Campaign Chair for the City of Kitchener. Mayor Richard D. Christy then asked the recipients of the 1994 Community Service Awards under the Partnership and Education Program to come forward. Presentations of the 1994 Community Service Awards were made by: Ms. Penny Young, Vice Principal, Kitchener Collegiate Institute, to Ms. Laurie Graham; Mr. Michael Schmitt, Principal, Resurrection Catholic Secondary School, to Ms. Laura Zilney; and Ms. Elaine Barton, Member of the Partnership in Education Committee to Ms. Astrid Braun of the Parks and Recreation Department. Mayor R. Christy congratulated the recipients for the special contributions each have made to making the community a better place. Mr. L. Gordon appeared as a delegation to answer questions regarding the tenders listed on the Committee of the Whole agenda of this date. The tender for supply of gas meters was questioned and Mr. Gordon advised that rebuilt gas meters were selected as they were cheaper than new meters and pointed out that in the past, rebuilt meters have had a good track record. Councillor M. Wagner requested that staff provide Council with a report in one year on the actual experience of using rebuilt meters. Councillor Jake Smola questioned the tender for the supply of turf equipment in view of the fact that a large trade show was eminent. Mr. L. Gordon advised that the equipment replacement process takes place over almost a year and noted that each year new technology is introduced and that evaluation is an on-going process. Councillor G. Lorentz referred to the tender for Fleet equipment and questioned if the City was trading in or auctioning its surplus vehicles. Mr. Gordon advised that tenders often include trade-in or if not, the vehicles are taken to auction. He advised that staff were now taking surplus items to auction immediately as they become surplus rather than having vehicles sit in storage pending a bulk shipment of vehicles to auction. Moved by Councillor John Smola Seconded by Councillor J. Ziegler COUNCIL MINUTES JANUARY 23, 1995 4 CITY OF KITCI:IENER "That tender T94-85, Supply of Domestic Gas Meters, be awarded to Canadian Meter Co. Inc., Milton, Ontario at their tendered price of $126,600., plus G.S.T. and P.S.T." - and - "That tender T94-86 - Fleet Equipment - Vans & Pick-Up Truck, be awarded as follows: Item #1 - one (1) - 5,300 lb., G.V.W. Mini Window Van - to Weiland Ford Sales, Kitchener at their tendered price of $21,288., plus G.S.T. and P.S.T. Item #2 - two (2) - 6,500 lb., G.V.W. Standard Vans - to Steve Scherer Pontiac Buick GMC Ltd, Kitchener at their tendered price of $33,728., plus G.S.T. and P.S.T. Item #3 - four (4) - 8,550 lb., G.V.W. Standard Vans - to Steve Scherer Pontiac Buick GMC Ltd, Kitchener at their tendered price of $73,772., plus optional rear heat, G.S.T. and P.S.T. Item #4 - one (1) - 9,400 lb., G.V.W. Extended Cargo Van - to Wendell Motor Sales Limited, Kitchener at their tendered price of $20,050., plus optional limited slip differential, rear auxiliary heat, G.S.T. and P.S.T. Item #5 - one (1) - 5,600 lb., G.V.W. Pick-Up Truck - to Weiland Ford Sales, Kitchener at their tendered price of $14,945., plus optional air conditioning, AM-FM radio, G.S.T. and P.S.T." -and- "That tender T94-89, Turf Equipment, be awarded as follows: Item #1 - two (2) - 3 Wheel Self Propelled Ride On 30" Aerators - to G.C. Duke Equipment Ltd., Burlington, Ontario at their tendered price of $33,950., plus G.S.T. and P.S.T. and less trade in of two Ryan Model 544801 units. Item #2 - one (1) - 3 Wheel Self Contained Riding Turf Sweeper - to G.C. Duke Equipment Ltd., Burlington, Ontario at their tendered price of $24,765., plus G.S.T. and P.S.T. Item #3 - five (5) - Diesel Powered Self Propelled 60" Front Mounted Rotary Mowers - to DeBoer's Equipment Ltd., Elora, Ontario at their tendered price of $63,500., plus options, G.S.T. and P.S.T. Item #4 - one (1) - Tractor Mounted Flail Mowing System With Two 88" Hydraulically Driven Wing Mowers and One 88" PTO Driven Rear Mower - to G.C. Duke Equipment Ltd., Burlington, Ontario at their tendered price of $67,925., plus G.S.T. and P.S.T." - and - "That tender T94-90, Fleet Equipment - Cabs & Chassis, be awarded as follows: Item #1 - one (1) - 11,000 lb., G.V.W. All Wheel Drive, Dual Rear Wheel, Crew Cab and Chassis - to Parkway Ford Sales, Waterloo at their tendered price of $28,978., plus G.S.T. and P.S.T. Item #2 - two (2) - 10,000 lb., G.V.W. Dual Rear Wheel Crew Cabs and Chassis - to Weiland Ford Sales, Kitchener at their tendered price of $41,752., plus optional AM/FM radio, G.S.T. and P.S.T. Item #3 - two (2) - 10,000 lb., G.V.W. Dual Rear Wheel Conventional Cabs and Chassis - to Weiland Ford Sales, Kitchener at their tendered price of $$38,276., plus optional AM/FM radio, G.S.T and P.S.T. Item #4 - one (1) - 10,000 lb., G.V.W. Dual Rear Wheel Cab and Chassis c/w Heavy Duty Utility Body - to Weiland Ford Sales, Kitchener at their tendered price of $27,489., plus optional AM/FM radio, G.S.T. and P.S.T." - and - JANUARY 23, 1995 COUNCIL MINUTES - 5 - CITY OF KITCI:IENER "That tender T94-91, Natural Gas Steel Pipe, be awarded to Comco Pipe and Supply Company, Guelph, Ontario at their tendered price of $115,247., plus P.S.T. and G.S.T." - and - "That proposal P94-94, Supply and Maintenance of Photocopiers, be awarded to Toshiba of Canada, Markham, Ontario at their proposed price of $316,747.80, plus P.S.T. and G.S.T." - and - "That tender T94-96, Loader Mounted Quick Disconnect Snow Blower, be awarded to Viking Cives Ltd., Mount Forest, Ontario at their tendered price of $101,656., plus G.S.T. and P.S.T." Carried. Ms. Susan Burke appeared as a delegation on behalf of the Local Architectural Conservation Advisory Committee to support the Committee's recommendation listed as clause 1 of the Local Architectural Conservation Advisory Committee report of this date dealing with designation of the property known as 30 Francis Street as of historical and architectural significance. Ms. Burke stated that she wished to itemize the reasoning of the Committee for its recommendation and in this regard provided an overhead display of issues pertaining to historical significance and a slide display of issues pertaining to architectural significance. Further, she noted that City Council had been circulated this date with correspondence dated January 19, 1995 from the North Waterloo Region Branch, Architectural Conservancy of Ontario indicating their strong support for designation of 30 Francis Street. In response to questions of Council, Ms. Burke advised that she believed the dwelling to be structurally sound and noted that designation provided a means by which the City can illustrate the importance of the property and it was the hope of L.A.C.A.C. that a tenant or client could be found to occupy the building. Councillor G. Lorentz stated that it was his understanding that the interior had been gutted and Mr. L. Bensason confirmed the interior no longer contains elements of architectural value and that the interior should be considered as being in just fair condition. Councillor M. Wagner pointed out that under the existing Heritage Act, the onus was on L.A.C.A.C. to prove the worthiness of the proposed designation whereas under the new Heritage Act, it would be the owners responsibility to establish why the designation should be removed. In response to Councillor Jake Smola, Mr. L. Bensason pointed out that Councillor Jake Smola had been denied access to the building. Mr. James Ayres, Smith, Lyons, Torrance, Stevenson & Mayer, Barristers, Toronto, appeared as a delegation as legal representative of the Wittington Group of Companies to object to the L.A.C.A.C recommendation to designate 30 Francis Street South under the Ontario Heritage Act. Mr. Ayres submitted correspondence dated January 23, 1995 addressed to members of Council which authorizes him to offer the buildings at 30 Francis Street to the City of Kitchener to be removed by the City at its earliest convenience and taken to a location of the City's choosing. It was noted in the letter that it was his clients hope that the offer would help resolve the matter and thus enable his client to make use of the property without pursuing demolition. Councillor M. Yantzi questioned if Mr. Ayres was aware if his client has plans for the property and was advised that he did not know of any, other than it would take approximately $270,000 to upgrade the building to achieve occupancy. Councillor M. Yantzi questioned if the concern of the owners was one that was related just to the monetary issue of making the building habitable. Mr. Ayres advised that a demolition permit had been applied for in March 1994 and that it was only because of internal wrangling that the issue was coming forward at this time. He noted that there was no jurisdiction in the Planning Act relative to requiring access to property. He advised that after the Committee initially toured the interior of the property, the property insurer had raised serious concerns relative to the insurance liability respecting the building and it was for that reason that a further request for access had been denied. Councillor M. Wagner clarified that L.A.C.A.C. did go through the building and in response to a further question, Mr. Ayres advised that he did not know the details of the $270,000 renovation cost. Further he again pointed out that the only reasons for prohibiting further access had to do with insurance issues. Councillor M. Wagner concurred that the interior of the dwelling was in a sad condition. Councillor M. Wagner urged Council members to support the L.A.C.A.C. recommendation provided in its JANUARY 23, 1995 COUNCIL MINUTES - 6 - CITY OF KITCI:IENER advisory role to the Council. He made the following points in support of the recommendation: that the Committee mandate was to preserve heritage, that demolition would only result in the gain of a few parking spaces, that the dwelling was a significant structure located on a prime lot in the downtown area and that it was the Committee opinion that an owner or tenant could be found to occupy the building. Councillor M. Yantzi requested an explanation of the $270,000 renovation cost and Mr. L. Bensason advised that it included all work desired by the owner. Building Inspection staff confirmed that the rehabilitation estimate provided for the items listed is accurate but L.A.C.A.C. does not support some of the listed items as being necessary to rehabilitate the building. Councillor M. Yantzi agreed that alternatives should be developed to allow the building to be renovated at reasonable cost. Councillor G. Lorentz suggested that Building staff estimate the cost of reasonable upgrade. Other members of Council expressed their support for the designation and hoped that within 180 days a solution could be found to preserve the building. Councillor J. Ziegler commented that while he supported the designation, he felt some of the commentary of members of Council was too harsh given the realities and cost of commercial tenancy. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That clause 1 of the report of the Local Architectural Conservation Advisory Committee of this date be adopted. A recorded vote was requested and the motion was Carried Unanimously. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation in regard to the by-law listed for first reading on the agenda as item 9 (a) to close and sell certain parts of Zeller Drive. He advised that in conjunction with the by-law, the Council was in receipt this date of a copy of Planning and Development Staff report PD 95/9 dated January 20, 1995 which recommends that those sections of Zeller Drive to be closed by the by-law be conveyed to Hallman Brierdale Limited "at nominal cost". Councillor T. Galloway questioned the procedure relative to disposal of surplus City property in consideration of the requirements of Provincial Bill 163. Mr. J. Shivas advised that it would be necessary to incorporate the sale process with the requirements of Bill 163 and comply with the legislation. Councillor Galloway commented that it was unusual for this type of report to be brought directly into Council without consideration first by Committee and that he would like to see the matter referred to the Planning and Economic Development Committee for consideration. Councillor J. Ziegler pointed out that Bill 163 provides for minor exceptions to be allowed under reasonable circumstances and Mr. J. Shivas confirmed there are some exceptions provided in the Bill to deal with minor issues and emphasized that roads must go through the Bill 163 procedure. Mr. T. McCabe advised Council that the Planning and Development Department intended that the report represent a clarification of a previous commitment of Council to convey lands to the landowner who owns lands on both sides of the parcel to be conveyed. He noted that inadvertently the subdivision agreement did not specifically deal with whether such conveyance should be at nominal cost or market value. Councillor J. Ziegler stated that it was a minor issue and that to delay the matter was a disservice to the developer who previously conveyed free-of-charge 20 acres of land for purposes of an E.S.P.A. Councillor Galloway indicated that he was after clear reasons why such conveyance should be done at nominal cost. Councillor G. Lorentz pointed out that the by-law would still require two more readings and suggested that if Councillor Galloway has further questions concerning the matter, he could make appropriate enquiries in that regard in the interim. A motion by Councillor T. Galloway to defer and refer consideration of Staff Report PD 95~9 to the next Planning Committee meeting, was not considered as it failed to receive a seconder. Moved by Councillor J. Ziegler Seconded by Councillor G. Lorentz That we acknowledge the by-law listed on the agenda as item 9(a) respecting closing and sale of part of Zeller Drive shown as Parts 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 41, 42 and 43, Reference Plan 58R-9549 will be given first reading this date and approve the sections of Zeller Drive to be closed, being conveyed to Hallman Brierdale Limited "at nominal cost". COUNCIL MINUTES JANUARY 23, 1995 CITY OF KITCI:IENER Carried. Mr. P. Britton also appeared as a delegation in support of clause 4 of the Public Works and Transportation Committee report relative to Schedule "B" Class Environmental Assessment process for the proposed sanitary sewage facility to service the Pioneer Tower West Community. Mr. Britton advised that Mr. Bill Green was also in attendance on behalf of his client to support the Committee recommendation. Councillor T. Galloway stated that it was his hope the process would answer certain questions that have remained previously unanswered. In particular, he referred to the question of the cost of municipal services compared to private services and asked for a response from appropriate staff. Mr. P. Britton advised that such full costing information will be made available. Moved by Councillor John Smola Seconded by Councillor G. Lorentz That clause 4 of the report of the Public Works and Transportation Committee of this date be adopted. Carried. Mr. Don Diebold, appeared as a delegation representing Invisible Fencing of the Golden Triangle to support clause 2 of the Finance and Administration Committee report respecting the use of electronic fencing as a mean of dog containment on private property. Councillor J. Ziegler advised that he would like to propose a change to Condition (c) of the recommendation by deleting the words "entry door" and substituting in its place the words "entry to the property". Mr. Diebold advised that the proposed change was agreeable to him. In response to Councillor Jake Smola, Mr. Diebold explained the process of dog containment. He advised that when a dog enters the electronic field, a beeping sound was heard and if the dog does not back away, it would then receive a mild electric shock. He pointed out that with proper training in the first week of installation which his company assists with, the containment was very effective. He also pointed out that the range of the electronic field was adjustable from a 6 foot width to a 40 foot width and does not affect other dogs who may enter the property. Councillor M. Wagner advised that he lives next door to a property with such invisible fencing and was supportive of the concept. Councillor Jake Smola expressed concern with the 2 metre distance requirement from abutting public property and commented that the public would still experience fear with such a small distance separation. Councillor Lorentz stated that the required signage would address this. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That clause 2 of the report of the Finance and Administration Committee of this date be adopted. Carried. Mr. Corey Hinrichs representing the Waterloo-St. Jacob's Railway Company and Mr. Bob Smith representing C.N. Rail, appeared as delegations to request support in principle for the concept of a tourist excursion train between Kitchener-Waterloo and Elmira. Mr. Hinrichs advised that his Company has signed an agreement with C.N.R. for purchase and sale of an 18 km C.N. Spur Line in the Waterloo- Woolwich area. He noted that the Line currently carries freight, connecting with C.N's Mainline Network at Kitchener. He pointed out that the concept was for service between Kitchener and Elmira but in the interim it was only proposed to commence the service with a six mile portion of the Line between downtown Waterloo and St. Jacobs and subsequently, expand in future. He indicated that the Line would be a linkage between major tourist areas commencing in Waterloo opposite the Glass Museum with a platform stop servicing the Waterloo Farmers' Market and a platform stop in St. Jacobs. Mr. Bob Smith confirmed C.N.R. support of the proposal and indicated that the C.N.R. would continue to utilize the Line and maintain it while allowing for the introduction of the privately owned excursion train service. Mr. Smith pointed out that the proposal was subject to approval by the National Transportation Agency and by the Ontario Municipal Board. JANUARY 23, 1995 COUNCIL MINUTES - 8 - CITY OF KITCI:IENER Members of Council, while very supportive of the concept, were hesitant to provide quick endorsement since no other details of the undertaking were available. Serious question and concern was expressed about endorsement of the concept without a firm plan for the service to begin in Kitchener and the public perception this would leave once the service commenced from Waterloo toward Elmira. Councillor M. Wagner questioned why the two mile distance between the City of Kitchener and the City of Waterloo could not be incorporated with the proposed initial six mile service between Waterloo and St. Jacobs. Mr. Bob Smith advised that it was desired to start off on a simple basis and grow from that point in developing a market for the service. In response to Councillor John Smola, Mr. Smith advised that there was no intent to change the hours of freight operations on the existing 18 km C.N. Spur Line. Further, he stated when the application is considered by the National Transportation Agency and by the Ontario Municipal Board, it would be helpful to provide evidence of community support for the proposed service. He also pointed out that the application to approval agencies would cover the entire line distance from Kitchener to Elmira. Councillor B. Vrbanovic indicated that he supports the concept, stated that the service should start in Kitchener and suggested that the proposal warranted a full presentation and discussion with the Community Services Committee. In response to further questions, Mr. C. Hinrichs advised that market surveys had been taken, but it was desired to keep this information confidential to evaluate against the experience of the first year of operation. He also stated the service would be a tourist operation with variable service ranging from peak times to winter close down. Councillor J. Ziegler recommended endorsement provided wording clearly indicated the Line would start in Kitchener. Mr. T. McKay confirmed that a similar presentation of the concept was made a few months ago to Management Committee in which it was indicated future plans were to extend the initial six kilometre service to Kitchener and to Elmira. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler That we support in principle, the proposal of the Waterloo-St. Jacobs Railway Company to acquire a C.N. Spur Line to develop a tourist excursion train service commencing in the City of Kitchener servicing the City of Waterloo, St. Jacobs and Elmira. Carried. Mr. Junias Lockhart appeared as a delegation and stated his view that business life on King Street was dead as a result of the impact of area shopping malls. Further, he stated that continuance of the Kitchener Farmers' Market was pointless given the new Farmers' Markets in the north end of the City of Waterloo. He asked that taxpayers money not be wasted on these issues. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That the report of the Planning and Economic Development Committee of Council of this date be adopted, Voted on clause by clause, Clause 3 - Carried. Balance of Report - Carried. Recorded pecuniary conflicts of interest and abstention: Clause 3 - Councillors T. Galloway and B. Vrbanovic as they are members of the Waterloo Regional Credit Union Limited, Moved by Councillor G. Lorentz Seconded by Councillor John Smola JANUARY 23, 1995 COUNCIL MINUTES - 9 - CITY OF KITCI:IENER That the report of the Community Services Committee of this date be adopted. Councillor Jake Smola referred to clause 2 of the report and suggested a member of the Library Board should be added to the Twin City Committee. Councillor G. Lorentz advised that the recommendation specifically deals with situations such as the one at Breithaupt Community Centre and was not intended to relate to Library operations; however, he did agree that discussion of Library use was a good idea as a future agenda item for the Twin City Committee. Councillor M. Wagner noted that one of the agenda items for the Twin City Committee will be consideration of areas where there could be greater co- operation between Twin City facilities. In reference to Councillor Jake Smola's suggestion respecting the Library services, Councillor J. Ziegler recommended that preliminary discussions take place at the Community Services Committee, prior to referral to the Twin City Committee. The report was then put to a vote and Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That the report of the Finance and Administration Committee of this date be adopted. Councillor T. Galloway advised that he was opposed to the $20 fee in clause 7 and recommended a $10 fee. Councillor J. Ziegler referred to clause 8 of the report dealing with self funded leave of absence and questioned costs and benefits for such a program. Following comments by Mr. T. McKay and Councillor T. Galloway, Councillor Ziegler indicated his concerns had been satisfied. The report was then put to a vote. Voted on clause by clause. Clause 2 - Dealt with under Delegations and Carried as amended. Clauses 7 & 8 - Carried. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural Conservation Advisory Committee be adopted, Voted on clause by clause, Clause 1 - Dealt with under Delegations and Carried. Balance of report - Carried. Moved by Councillor John Smola Seconded by Councillor G. Lorentz That the report of the Public Works and Transportation Committee of this date be adopted, Voted on clause by clause, Clause 3 - Carried. Clause 4 - Dealt with under Delegations and Carried. JANUARY 23, 1995 COUNCIL MINUTES CITY OF KITCI:IENER Balance of report - Carried. Recorded pecuniary conflicts of interest and abstentions: Clause 3 - Councillor K. Redman as her husband owns land in the area affected. Councillor M. Yantzi advised that at the January 16, 1995 Planning and Economic Development Committee meeting, he had raised a funding suggestion relative to the Cedarhill Community project and that he had circulated a proposed motion in this regard to Members of Council. Moved by Councillor M. Yantzi Seconded by Councillor K. Redman That Council endorse the application of The Cedar Hill Community Project for funding, through the Race Relations and Policing Grants program of the Ministry of the Solicitor General, and agree to provide matching dollars in the amount of $16,000 from the money allocated in the Capital Budget for the Cedar Hill Community Development Project. Carried. Councillor T. Galloway commented that one of the issues raised at the Round Table discussion held by the new Council was the matter of ward boundary redistribution. Mr. R.W. Pritchard briefly overviewed the process leading to any redistribution. The first step being detailed consideration by Council of such process which he asked commence as soon as possible given that it would take at least one year to complete the task. After pointing out suggested steps in the process Mr. Pritchard advised that necessary applications must be received by the Ontario Municipal Board by September, 1996 in order to gain the necessary approvals for the 1997 municipal election. Councillor T. Galloway commented he would like to see the process commence and suggested the City Clerk prepare a report for consideration by the Finance and Administration Committee. Moved by Councillor T. Galloway Seconded by Councillor J. Ziegler Mr. Mr. R.W. Pritchard, City Clerk, be directed to prepare a report of implementation steps relative to ward boundary redistribution for consideration by the Finance and Administration Committee. Carried. Mayor Richard D. Christy made further reference to the Round Table discussions already mentioned and pointed out that he has been working on issues that were raised. He advised that he now wished to introduce proposed terms of reference for the Mayor's Task Force on the downtown which he indicated were circulated to Councillors. Council reviewed the terms of reference and the Mayor pointed out that he has requested Members of Council to submit the names of individuals in accordance with the membership criteria listed in the terms of reference. Further, he stated that funding has not been finalized, but an upward limit of $13,000 is suggested drawn from the Capital provisions for the downtown. Councillor J. Ziegler requested that the budget aspect of the undertaking should be brought to the budget meeting of the Finance and Administration Committee and in particular, the issue of a possible honorarium for Task Force members. Mayor Christy pointed out that a recommendation in the terms of reference is to appoint Ms. S. Frenette as Administrative Director of the Task Force which he viewed as a natural link to her present position as Director of Policy, Research and Housing. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner That the terms of reference for the Mayor's Task Force on Downtown Revitalization and Renewal be approved, as follows: 1. Purpose · To place the full weight of the office of the Mayor behind downtown revitalization as JANUARY 23, 1995 COUNCIL MINUTES CITY OF KITCI:IENER 2. Scope an expression of the importance of the downtown to Council. To receive written briefs, presentations and offers of funding and resources from all interested parties to implement strategies for the revitalization of downtown Kitchener. To assess all ideas and strategies and recommend a program of concerted action which sets out priorities, targets, expenditures, timing, staging, and implementation teams. The Task Force will adopt the Vision Statement, the underlying assumptions and key directions of the Downtown Action Committee as its framework for action. The Task Force will receive and hear information on all matters, activities, operations and initiatives of City Departments and the many communities of interest that impact on the downtown. The Task Force will prepare its recommendations into two reports; an interim report outlining projects for the 1995 fiscal year; and a comprehensive report proposing short and long term initiatives to be incorporated into a 5 year Strategic Implementation Plan. Membership and Or.qanization Membership of the Task Force - the Mayor shall appoint individuals who will be drawn from such knowledge bases as: a) urbanism/planning b) business/marketing c) economics/real estate d) community development e) finance f) law The Mayor shall appoint a chair from amongst the Task Force members. The Administrative Director of the Task Force shall be the Director of Policy, Research and Housing and shall chair any staff project implementation teams formed to coordinate, develop and implement the approved Task Force recommendations. Role and Function The Task Force shall be a forum for conducting a series of public meetings to receive and hear deputations and briefs regarding ideas and strategies to revitalize the downtown. The Task Force shall invite submissions from the working committees of the Downtown Action Committee, municipal departments, groups and individuals interested in the quality and prosperity of the downtown. The Task Force shall consolidate information, evaluate costs and prepare a plan of action which shall set priorities, and a time schedule for implementation. The reports of the Task Force shall be tabled before Council as a recommended Plan of Action for downtown revitalization and referred to the Downtown Action Committee. The Downtown Action Committee shall review and consider the recommendations of the Task Force and will refer the reports back to Council along with DAC's evaluation. · If the Task Force is unable to reach consensus, the areas of disagreement may be JANUARY 23, 1995 COUNCIL MINUTES CITY OF KITCI:IENER documented and presented to Council by the dissenting member. Upon approval of the Strategic Implementation Plan by Council, the Downtown Action Committee will monitor the progress of the Plan, oversee its implementation, and report to Council on plan adjustments and resources required. Staff project implementation teams shall coordinate implementation of the Plan under the direction of the Administrative Director and prepare annual updates to the Plan coincident with the City budget process. 5. Schedule Januaw 23,1995 City Council proclamation of 1995 as The Year of Downtown Revitalization and Renewal endorsement of the Mayor's Task Force on the downtown adoption of the Task Force Terms of Reference February - March 1995 - Task Force receives submissions, holds public forums and documents revitalization strategies April, 1995 interim report on implementation strategies for the 1995 fiscal year presented to Council June, 1995 comprehensive report on 5 Year Strategic Implementation Plan presented to Council. Carried. Mayor Richard D. Christy then read a proclamation which he has approved dated January 23, 1995 proclaiming the year 1995 as the year of Downtown Revitalization and Renewal in the City of Kitchener. Moved by Councillor John Smola Seconded by Councillor C. Weylie That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) (b) (c) (d) (e) (f) (g) (h) (i) Being a by-law to close and sell part of Zeller Drive (as now known) shown as Parts 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 41, 42 and 43, Reference Plan 58R-9549 in the City of Kitchener Being a by-law to authorize the borrowing of $148,247,000 To provide for an Interim Tax Levy and to provide for the payment of interim taxes Being a by-law to establish a penalty charge for non-payment of current taxes Being a by-law to provide for interest to be added to tax arrears To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener Being a by-law to amend By-law 85-1 - Waterloo Regional Credit Union Limited - Fergus Avenue - No. 94/04/F/PMc To confirm all actions and proceedings of the Council JANUARY 23, 1995 COUNCIL MINUTES CITY OF KITCI:IENER (J) (k) ¢) (m) Being a by-law to change the name of certain streets in the City of Kitchener Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code regarding Signs Being a by-law respecting the Appointment of Staff and Provincial Offences Officers Being a by-law to amend various Chapters of The City of Kitchener Municipal Code and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. Recorded pecuniary conflicts of interest and abstention: Item (h) - Councillors T. Galloway and B. Vrbanovic, each of whom are members of the Waterloo Regional Credit Union. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor G. Lorentz as Chairman. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor G. Lorentz 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. Moved by Councillor John Smola Seconded by Councillor C. Weylie That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to authorize the borrowing of $148,247,000 (b) (c) (d) (e) (f) Carried. (By-law No. 95-1 ) To provide for an Interim Tax Levy and to provide for the payment of interim taxes (By-law No. 95-2) Being a by-law to establish a penalty charge for non-payment of current taxes (By-law No. 95-3) Being a by-law to provide for interest to be added to tax arrears (By-law No. 95-4) To further amend By-law No. 94-101, 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. 95-5) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener JANUARY 23, 1995 COUNCIL MINUTES CITY OF KITCI:IENER (g) (h) (i) d) (k) (By-law No. 95-6) Being a by-law to amend By-law 85-1 - Waterloo Regional Credit Union Limited - Fergus Avenue - No. 94/04/F/PMc (By-law No. 95-7) To confirm all actions and proceedings of the Council (By-law No. 95-8) Being a by-law to amend Chapter 680 of The City of Kitchener Municipal Code regarding Signs (By-law No. 95-9) Being a by-law respecting the Appointment of Staff and Provincial Offences Officers (By-law No. 95-10) Being a by-law to amend various Chapters of The City of Kitchener Municipal Code (By-law No. 95-11 ) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. Recorded pecuniary conflicts of interest and abstention: Item (g) - Councillors T. Galloway and B. Vrbanovic each of whom are members of the Waterloo Regional Credit Unit Limited. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That Demolition Control Application DC 94/07/V/RM (Hallman - Brierdale Ltd.) requesting approval for the demolition of a single detached dwelling located at 19 Vanier Drive legally described as Part Lot 10 & 11, R.P. 791 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. (a) That the following proposed street names be approved for Draft Plan of Subdivision 30T- 92012 (781081 Ontario Ltd.): Street One - Street Three - Street Four - Street Five - Highbrook Street Highbrook Crescent Highbrook Crescent Highbrook Court (b) That the section of Block Line Road (Street Two) between Westmount Road and the easterly limit of Lot 2, Draft Plan of Subdivision 30T-92012 be renamed to "Highbrook Street" and staff be directed to prepare the necessary By-law and legal advertisements required to change the name. (c) That the section of Block Line Road (Street Two) west of the easterly limit of Lot 2, Draft Plan of Subdivision 30T-92012 be closed and retained by the City and the Legal Department be instructed to prepare the necessary By-law and legal advertisements to effect said closure. That Demolition Control Application DC 94/01/RM (Waterloo Regional Credit Union) requesting approval for the demolition of a single detached dwelling located at 79 Fergus Avenue legally described as Part of Lot 31, Registered Plan 687, more particularly described as Part 1, 58R-9130 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That an extension of time from January 1, 1995 to January 30, 1995 be granted so as to allow Mr. Howard Magid additional time to complete the construction of a solid wood fence required by Condition #6 of Zone Change Application # 93/22/G/LM (Autocraft Foreign Cars Inc) originally approved by City Council on October 24, 1994. That Council approve application CD/94/002 subject to the Owners entering into an Agreement under Section 12(1) of the Rental Housing Protection Act, which shall be executed and registered against the title to the lands at 86 Cedar Street South as part of any subsequent condominium agreement. The Agreement shall contain the following conditions: a) The Owners agree to supply the City's Policy, Research and Housing Division with a list of the names and addresses of all the tenants who occupy the residential units which now exist upon the subject lands, hereinafter called the "Existing Units", as of the date Council's approval of this Agreement under the Rental Housing Protection Act. Further, the Owners shall supply the City's Policy, Research and Housing Division with the names and addresses of any new tenant who commences to occupy an Existing Unit between the date of Council's approval of the Agreement and the date of registration of the final plan of condominium. All tenants referred to above are hereinafter called "the Tenants". PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 5. (Cont'd) b) The Owners agree to give notice to the Tenants of their rights under the terms of the Agreement, within 30 days following the date of registration of the final plan of condominium, by providing them with a copy of this agreement and by filing proof of notification with the City's Policy, Research and Housing Division, either by a sworn JANUARY 23, 1995 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 23, 1995 - 16- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL affidavit of service or by a copy of this agreement acknowledgement of receipt. signed by the Tenant as c) This agreement shall confer no rights whatsoever upon any new tenant who enters into a lease agreement with the Owners and occupies an Existing Unit after the date of registration of the final plan of condominium (hereinafter called a "Post-Registration Tenant"). The Owners shall give notice of this agreement to all Post-Registration Tenants, at the time they enter into their leases, and provide proof of notification to the Policy, Research and Housing Division, either by a sworn affidavit of service or by a copy of this agreement signed by such tenants as acknowledgement of receipt, following which such tenants shall be deemed to have notice that they do not have any rights under this agreement. d) The Owners agree that, in the event a Tenant wishes to continue to rent and occupy his or her Existing Unit, or to rent it until such time as he or she might exercise his or her right to purchase, the following conditions apply: The Tenant shall be entitled to continue to rent the unit which he or she is currently renting and occupying for a period of up to five years following the date of registration of the final plan of condominium (herein after called the "Five Year Rental Period"). Throughout the Five Year Rental Period, the applicable rent for a given unit shall not exceed the lawful maximum rent which could be charged for that rental unit under the Residential Rent Regulation Act, R.S.S 1990, c. R.29, as amended (hereinafter called the "RRR Act") and any increases to that rent throughout the Five Year Rental Period shall be subject to the RRR Act. At the Tenant's discretion, the Owners and Tenant shall enter into a lease, leases, renewal or renewals for all or part of the Five Year Rental Period for such term or terms as is agreed to from time to time by the Tenant and the Owners, provided that the total term thereof does not exceed the Five Year Rental Period. The Owners agree to supply the City's Policy, Research and Housing Division with an executed copy of the lease, and any subsequent renewals thereof during this five year period. e) The Owners shall provide the Tenant or Tenants occupying an Existing Unit with the right of first refusal to purchase it during the Five Year Rental Period. To establish that a Tenant has foregone or waived his or her right of first refusal to purchase, the Owners shall provide the Policy, Research and Housing Division with a written waiver of such right executed by the Tenant, witnessed and dated subsequent to the date of registration of the final plan of condominium. If, at any time during the Five Year Rental Period, the Owners receive a bona fide, arms length offer to purchase an Existing Unit which the Owners are willing to accept and if the Tenant or Tenants of such unit have not waived their rights of first refusal to purchase, the Owners shall notify the Tenant or Tenants of such unit by providing them with a true copy of the offer to purchase and the Tenant or Tenants shall have the right, during the thirty days immediately following the receipt thereof, to purchase the unit by delivering to the Owners a signed offer to purchase for the price and upon the terms and conditions contained in the original offer, which the PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 5. (Cont'd) JANUARY 23, 1995 COUNCIL MINUTES - 17- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 23, 1995 - 17- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Owners shall accept immediately. The Owners shall provide proof of notification to the City's Policy, Research and Housing Division, either by a sworn affidavit or service or by a copy of the original offer to purchase signed by the Tenant as acknowledgement of receipt. If the Tenant or Tenants do not deliver an offer to purchase to the Owners within thirty days, the Tenant or Tenants shall be deemed not to have exercised the right of first refusal, and the Owners may accept the original offer to purchase. If for any reason the Tenant or Tenants do not exercise the right of first refusal and the Owners do not complete the offer to purchase which had been received, the right of first refusal of the Tenant or Tenants shall continue in effect. f) The Owners agree to engage the services of a consultant with qualifications acceptable to the City's Chief Building Official, to conduct a building audit to establish the physical condition of the structure, prior to draft approval of any plan of condominium on the lands, and to file the results of the building audit with the City of Kitchener Planning Department. The Owners shall correct, to the satisfaction of the Chief Building Official, any health and safety deficiencies uncovered in the audit which relate to the Building Code or the City's Property Standard By-law and, upon correction, the City's Chief Building Official will notify the Owners in writing that the deficiencies have been corrected to his satisfaction. g) Prior to the sale of any of the Existing Units, the Owners shall notify potential purchasers that the results of the building audit are available for their consideration. h) If a term of this Agreement is inconsistent with the rights conferred upon the Owners or a Tenant under the Rental Housing Protection Act, the Residential Rent Regulation Act or the Landlord and Tenant Act, R.S.O. 1990, c. L.7, as amended, the provisions of the aforesaid statues are deemed to apply. It is the opinion of this Committee that approval of this application is proper planning for the City. COMMUNITY SERVICES COMMITTEE - That the $2,000.00 rental fee charged by the City to the Laurentian Pre-school for use of Lions Arena from May 28, 1994 to May 28, 1995 inclusive, be reduced by $500.00 to reflect the declining enrolment of the Pre-school and its subsequent reduced use of the Arena. That we endorse the letter of Mr. T. Clancy, dated November 14, 1994 to Ms. K. Durst, Assistant Chief Administration Officer, City of Waterloo, and direct staff to present this City's position regarding the continuation of the Balanced Use Agreement to the Twin City Committee at its meeting scheduled for February 17, 1995, suggesting that it continue. That we approve the request of the 1995 Ontario Special Olympics Winter Games for an in-kind facility and in-kind services grant totalling $4,030.00, for use of the Kitchener Farmers' Market and the production of signs in connection with the Games to be held in Kitchener/Waterloo from February 23-26, 1995. FINANCE AND ADMINISTRATION COMMITTEE - 1. That consideration of the revised fare structure proposed by the Transit Division and as outlined in the report of Mr. W. Beck dated January 7, 1995 be deferred and referred to the 1995 budget process. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 2. That Chapter 530 (Dogs) of the City of Kitchener Municipal Code be amended to provide that an owner of a dog may use electronic fencing as a means to keep such dog on the property of the JANUARY 23, 1995 COUNCIL MINUTES - 18- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 23, 1995 - 18- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL owner, subject to the following conditions: a) Such property must be registered with the Kitchener-Waterloo Humane Society; b) The electronic fencing shall restrict the dog's area to no closer than two metres from any abutting public property; c) A sign(s) advising the public that this type of containment is in use shall be placed adjacent to any normal entry to the property and be clearly visible from any public property; and, d) Electronic fencing shall not be permitted as a means of containment for a dog declared potentially dangerous or dangerous pursuant to Sections 530.5.9 and 530.5.10 respectively. (Dealt with under Delegations and carried as amended) That Council grant a further three month temporary extension (January 16, 1995 - April 16, 1995) for use of the mobile sign presently located at 171 Queen Street South, to allow either an application to the Committee of Adjustment concerning the present location or discussions between the applicant and the property owner concerning installation of a permanent sign, and further, That the applicant obtain a sign permit with respect to the above extension. That Councillor J. Ziegler work with Mr. J. Gazzola to develop a draft policy regarding billing practices in instances where discrepancies occur between the readings on the inside and outside water meters as a result of defective equipment. That Kitchener City Council accept the recommendation of the Waterloo County Board of Education and appoint Ms. Susan Milne and Mr. Eric Bow to represent that Board on the Kitchener Public Library Board for a term of three (3) years, expiring November 30, 1997. That Kitchener City Council approve the appointment of Ms. Myra South as a Community Director on the Kitchener Housing Inc. Board of Directors for a term of one (1) year, expiring November 30, 1995. That effective February 1, 1995, the City of Kitchener impose a $20.00 fee for the issuance of birth acknowledgement letters by the Kitchener Division Registrar (City Clerk). That Council adopt the two (2) new policies (Attendance, and Self-Funded Leave of Absence) and three (3) revised policies (Tuition Assistance, Drug and Alcohol, Mileage) as outlined in the report of Mr. D. Paterson dated January 6, 1995. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That pursuant to Section 29 of the Ontario Heritaqe Act R.S.O. 1990, the Clerk be directed to publish a Notice of Intention to Designate the property municipally known as 30 Francis Street as being of historic and architectural significance with the specific features of the designation being those outlined in the report prepared by Ms. S. Burke and presented to the Local Architectural Conservation Advisory Committee on December 9, 1994. (Dealt with under Delegations Deferred and Referred to January 23, 1995 Council meeting). (Dealt with under Delegations and carried) LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - (CONT'D) COUNCIL MINUTES JANUARY 23, 1995 - 19- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 23, 1995 - 19- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That, pursuant to Section 40 of the Ontario Heritaqe Act, R.S.O. 1990, the City Solicitor be directed to prepare a by-law to define the Victoria Park area as an area to be examined for future designation as a heritage conservation district; and further That we approve the report titled "City of Kitchener Victoria Park Area Heritage Conservation District Study and Plan Terms of Reference", dated January 1995. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That stopping be prohibited on both sides of Gaukel Street from King Street to Hall's Lane, and further, That the Uniform Traffic By-law be amended accordingly. That a stop control be installed at the following intersection: Donald Street at Ada Street, and further, That the Uniform Traffic By-law be amended accordingly. That parking be prohibited on the north side of Campbell Avenue from Arnold Street to the boundary limit, and further, That the Uniform Traffic By-law be amended accordingly. That the City of Kitchener waive its normal procedure for the selection of consultants and retain Paragon Engineering Limited to complete the necessary documentation and to manage the Schedule "B" Class Environmental Assessment process on the City's behalf for the proposed sanitary sewage facility to service the Pioneer Tower West Community and that the funds for same be taken form the Development Charge fund. (Dealt with under Delegations and carried) That, as presented to the Public Works and Transportation Committee on January 16, 1995, the Utilities Division institute a "Water Service Freeze-Off Avoidance Program" as a preventative measure during prolonged continuous extreme cold weather conditions to minimize wide-spread freeze-offs of water services, and further, That locations having shallow water services be identified and given due consideration for replacement in the Ten Year Capital Program for watermain replacement projects. COUNCIL MINUTES JAN UARY 23, 1995 -20 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - Councillors T. Galloway and B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all discussion with regard to the by-law pertaining to Zone Change Application 94/04/F/PMc submitted by the Waterloo Regional Credit Union Limited, as both are members of the Credit Union. It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." Councillors T. Galloway and B. Vrbanovic previously disclosed a pecuniary conflict of interest and abstained from all discussion and voting with regard to the by-law pertaining to Zone Change Application 94/04/F/PMc submitted by the Waterloo Regional Credit Union Limited, as both are members of the Credit Union. B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Banner Requests The Committee was advised that, with regard to Item 1 a) of the Committee of the Whole agenda of this date, the Ontario Special Olympics wishes to withdraw their request for permission to have a banner erected on King Street to promote the 1995 Winter Games. Mr. T. McKay advised that the applicant does not have sufficient funds to absorb the $1,300.00 cost of preparing a banner for a one time purpose. It was resolved: "That Community Justice Initiatives of Waterloo Region be granted permission to have banners erected as follows: Monday, January 30, 1995 to Sunday, February 19, 1995 inclusive on King Street at Frederick/Benton Streets; and Monday, January 23, 1995 to Sunday, February 5, 1995 inclusive on King Street at Rockway Gardens. 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 of a banner for this event on an annual basis as requested." - and - "That, in conjunction with the declaration of 'Jaycee Week' in Kitchener and Waterloo from January 22, 1995 to January 28, 1995, the Twin City Jaycees of Kitchener and Waterloo be permitted to have a banner erected on King Street at Francis Street from Monday, January 23, 1995 to Sunday, February 5, 1995 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." JAN UARY 23, 1995 COUNCIL MINUTES -21 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 2. Execution of Final Release It was resolved: "That the Mayor and Clerk be authorized to execute a Final Release in the amount of $9,631. for damages to a portion of the Balzer Road bridge at Schneider Creek which occurred as a result of a forklift striking the bridge on or about April 27, 1994." 3.Social Services Employment Proqram Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute the legal agreement between Her Majesty the Queen in right of Ontario, as represented by The Minister of Community and Social Services and The Corporation of the City of Kitchener under the Social Services Employment Program for the period January 4, 1995 to January 4, 1996, in the amount of $12,799." 4. Encroachment Aqreements It was resolved: "That Council acknowledges that the approval granted in a resolution passed on December 19, 1994 authorizing the Mayor and Clerk to execute an Encroachment Agreement with Dare Foods Limited to legalize the existing encroachment of a 600 volt service cable under Ninth Avenue and to permit the installation of a fibre optics cable and a 50 pair copper cable under Eighth Avenue is hereby amended to permit the installation of a 100 pair copper cable instead of a 50 pair copper cable." - and - "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of part of Lot 169, Registered Plan 651, municipally known as 154 Brentwood Avenue, to legalize a portion of two existing driveways, a fence and a hedge as they encroach onto adjacent City owned land and a sewer easement." - and - "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of the building and the tenant operating the business known as Reggie's Sandwich Factory, 42 King Street West, to legalize an existing canopy with signage as it encroaches onto the King Street West road allowance." 5. Licenses It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the K-W Region Elks Lodge #578, to conduct a Monte Carlo event at the Howard Johnson's, 1333 Weber Street East, Kitchener on March 3-5, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener- Waterloo Skating Club to conduct a Monte Carlo event at the Moose Lodge, 655 Wabanaki Drive, Kitchener on April 1, 1995." - and - COUNCIL MINUTES COUNCIL MINUTES JANUARY 23, 1995 - 22- CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 23, 1995 - 22- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL JAN UARY 23, 1995 -22 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Licenses (Cont'd) "That the City of Kitchener has no objection to a Provincial licence being issued to the Beth Jacob Synagogue to conduct a Monte Carlo event at their Synagogue, 161 Stirling Avenue South, Kitchener on May 24, 1995." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kitchener Oktoberfest Lions Club, to conduct a Monte Carlo event at Jacob's, 15 Scott Street, Kitchener on March 24-26, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Edelweiss Restaurant & Tavern, 600 Doon Village Road, Kitchener on February 16-18, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the K-W Minor Lacrosse to conduct a Monte Carlo event at Howard Johnson's, 1333 Weber Street East, Kitchener on April 7-9, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the K-W Granite Club, 49 Agnes Street, Kitchener on February 23-25, 1995, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers Drum & Bugle Corps. to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road South, Kitchener on March 17-19, 1995, inclusive." 6. Race Relations Committee of Kitchener-Waterloo - Renewal of Kitchener City Hall Licence Aqreement It was resolved: "That the Mayor and Clerk be authorized to sign the renewal licence agreement with the Race Relations Committee of Kitchener-Waterloo to use space at Kitchener City Hall for a further one year term, subject to a rental increase from $13.00 to $13.50 per square foot per annum." 7.Consents to Leases of Industrial Land It was resolved: JANUARY 23, 1995 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 23, 1995 - 93- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL "That the City consent to a lease from Window Impressions Limited to Amtrol Inc. and Amtrol Canada Ltd. of the property described as Parts 1 and 2 on Reference Plan 58R-5862 and municipally known as 275 Shoemaker Street, Kitchener." - and - COUNCIL MINUTES JAN UARY 23, 1995 -23 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 7.Consents to Leases of Industrial Land (Cont'd) "That the City consent to leases from Failer Holdings Limited to Steve Zinn o/a Graves Fuller Wricht Construction Ltd. of Unit #1; Jansons Industrial Supplies Inc. of Unit #5; New Age Robotics Inc. of Unit #10; 1073203 Ontario Ltd. o/a HiTech Tool & Machine of Unit #4; Don Brown of Unit #11; and F.C.W. Ltd. of Unit #12 at the property described as Part 27 on Reference Plan 58R-5668 and municipally known as 63 Mclntyre Place, Kitchener." 8.Tenders The tenders listed for consideration on the Committee of the Whole Agenda were dealt with under delegations. 9. Exemption Requests - Chapter 408 of the Municipal Code (Piqeons) Mr. L.W. Neil advised the Committee that requests from William Shannon, 458 Leander Place and Paul Muntean, 311 Newbury Drive, relative to the keeping of pigeons were withdrawn so as to allow the Enforcement staff of the Planning and Development Department to undertake required inspections, following which the Enforcement Division would provide a report and recommendation to the Committee of the Whole. 10. Petition for Subsidy - Ministry of Transportation It was resolved: "That the Mayor and Clerk be authorized to execute the City of Kitchener's Annual Petition for Subsidy to the Ministry of Transportation of Ontario relative to expenditures made on roads in the municipality during 1994." 11. Transient Traders License On motion by Councillor M. Yantzi - it was resolved: "That no action be taken on the 1995 application by Raymond Kuipers for a Transient Traders License until such time as the applicant appears before an in-camera meeting of City Council." 12. Municipal Authority - Penalty Charqes/Interest Rate on Overdue Taxes Mr. J. Gazzola advised the Committee that, in the past, once City Council approved its by-law regulating penalty charges and interest rates, such rates of penalty and interest were fixed for the JANUARY 23, 1995 COUNCIL MINUTES CITY OF KITCI:IENER COUNCIL MINUTES JANUARY 23, 1995 - 94- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL calendar year. He pointed out that City Council now has the authority to adjust these rates at any time it deems a change is appropriate.