Loading...
HomeMy WebLinkAboutCouncil Minutes - 1995-05-08COUNCIL\1995-05-08 MAY 8, 1995 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present. A Colour Guard from Branch #50, Royal Canadian Legion was in attendance in the Council Chamber. At the request of Mayor Richard D. Christy, and in recognition of the 50th Anniversary of VE-Day, all those present rose and observed one minute of silence, followed by the singing of "O Canada" by the Blessed Sacrament School Choir. Councillor T. Galloway introduced the Choir and their Choir director, Ms. Joanne Koehler. Councillor M. Wagner welcomed members of the 7th Kitchener Scout Group and their leaders who were in attendance this date. On motion by Councillor J. Ziegler, the minutes of the regular meeting held April 10 and the special meeting held April 21, 1995, as mailed to the Mayor and Councillors, were accepted. Mayor Richard D. Christy read a proclamation declaring May 8-14, 1995 as "Nursing Week" and presented same to Ms. Diana McDougall, Registered Nurse, and Chair of the Nursing Week Committee. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda this date. No questions were forthcoming. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That tender T95-1, Concrete Sidewalk and Curb Construction and Repairs, be awarded to G.J.R. Construction Inc., Linwood, Ontario at their tendered price of $500,757.16, which includes all applicable taxes." - and - "That tender T95-2, Road Construction, be awarded to Capital Paving Inc., Guelph, Ontario at their tendered price of $965,946.89, which includes all applicable taxes." - and - "That tender T95-18, Asphalt Emulsions, Supply of Asphalt Emulsions, be awarded to McAsphalt Industries Limited, Scarborough, Ontario at their tendered price of $135,905., plus G.S.T. and P.S.T." - and - "That tender T95-34, Printing System, be awarded to A.M. International Inc., Cambridge, Ontario at their tendered price of $104,350., plus G.S.T. & P.S.T." - and - "That tender T95-35, Fine Papers, be awarded to Empire Fine Papers Inc., Kitchener, Ontario at their tendered price of $60,468., plus G.S.T. & P.S.T." - and - "That tender T95-39, Computer Systems (IBM or IBM Compatible), be awarded to Hewitt Rand Corporation, Mississauga, Ontario at their tendered price of $108,765., plus G.S.T. and P.S.T." - and - "That Expression of Interest E95-30, Consultant Services - Subsurface Contamination Investigation, be awarded to XCG Environmental Services Inc., of Kitchener, subject to a satisfactory agreement being negotiated and an upset fee established. The estimated cost of the project is $17,900., including G.S.T." - and - "That Expression of Interest E95-31, Consultant Services - To Complete A Schedule "B" Class Environmental Assessment (Old Chicopee Drive Extension Location Study), be awarded to MAY 8, 1995 COUNCIL MINUTES - 197- CITY OF KITCHENER McCormick Rankin & Associates Limited, Kitchener, subject to a satisfactory agreement being negotiated and an upset fee established. The estimated cost of the project is $32,900., plus G.S.T." - and - "That Expression of Interest E95-32, Consultant Services - Homepage World Wide Web (WWW), be awarded to Edge Interactive, Toronto, subject to a satisfactory agreement being negotiated and an upset fee established." Carried. Mayor Richard D. Christy advised that members of the Mayor's Task Force on Downtown Revitalization and Renewal were in attendance this date to speak to the Interim Report which was previously circulated. Council was also in receipt of a report from Mr. B. Stanley, outlining suggested amendments to the recommendations of the Mayor's Task Force as put forward by the Downtown Action Committee. They were also in receipt of various information reports from the Department of Parks & Recreation concerning the student coffee house proposal and recommendations currently underway involving downtown revitalization. Mr. lan MacNaughton introduced the following members of the Mayor's Task Force who were in attendance this date: Mr. Mac Voisin; Mr. John MacDonald; Mr. Bruce Whitestone; Ms. Mary McLaughlin; and Ms. Sybil Frenette. Mr. MacNaughton thanked Council and staff for the opportunity to investigate revitalization and renewal initiatives in the downtown. He referred to the strong leadership exhibited by Council through recent actions involving free on-street parking in the downtown, changes to the facade improvement program and the "Clean as a Kitchen" campaign. He also thanked Ms. Catherine Thompson of the K-W Record for reporting on various downtown issues, and the Downtown Action Committee for their on-going support. Mr. MacNaughton also referred to the contribution made by Management Committee and his appreciation for their support and team approach. Mr. MacNaughton stressed that success in the downtown requires a change in attitude as well as innovative thinking, and encouraged Council to be both bold and courageous in taking steps to facilitate innovation. He referred to the overwhelming public support for a result oriented approach to the downtown, and noted that people are looking for leadership in this area. Mr. M. Voisin referred to a downtown revitalization and renewal plan noting that changes in this area require both time and effort. He also praised the work and co-operation of staff to date and specifically referred to Ms. S. Frenette, Mr. D. Corks and Ms. C. Heal. Mr. Voisin referred to the attitude that the "downtown is open for business" which he illustrated using a staff letter outlining a new approach to customer service involving a comprehensive meeting between staff and a person considering an investment in the downtown where any questions were answered and all necessary application forms were made available. Mr. John MacDonald explained a strategy for revitalizing the downtown using a wheel image and noted that six individual sectors will be addressed in a plan which will hopefully result in a positive move forward. He pointed out that the Interim Report contains recommendations in each of these sectors and that further initiatives will be proposed in the final report. He pointed out that the major thrust of the initiative is to bring people into the downtown and capitalize on their presence and in this regard he read various recommendations from the Interim Report. Mr. Bruce Whitestone reviewed the recommendations contained in the Safety and Cleanliness section of the Report, noting that the interests of the consumer are paramount and include both the perception and reality of safety and cleanliness in the downtown. He encouraged adoption of the notion that all citizens of Kitchener are customers of the downtown. Ms. Mary McLaughlin addressed the recommendations in the Report relating to Arts, Promotions, noting that a strong arts and cultural presence is usually at the centre community. Culture and of a thriving Mr. lan MacNaughton referred to the need for attracting new businesses to the downtown, while retaining MAY 8, 1995 COUNCIL MINUTES - 198- CITY OF KITCHENER existing retail operations. He pointed out that over the last decade, there has been a 35% drop in realty assessment in the downtown and that the present office vacancy rate is 30% and rising. It was also noted that the City loses approximately $2,000,000 per year in downtown tax revenue. He stressed the importance of capturing a niche for the downtown which differs from that occupied by shopping malls and the nearby City of Waterloo. He recommended a retail action plan and strategy and read various recommendations from the Interim Report. Mr. MacNaughton also stressed the important role to be played by the Kitchener Downtown Business Association in this regard. Mr. Mac Voisin outlined the recommendations in the Parking and Transportation section, and stressed that these are attempting to create a level playing field among retailers throughout the City of Kitchener. In referring specifically to recommendations involving the realignment of traffic in the downtown, he pointed out that a strong case could be made for the Region of Waterloo sharing a major portion of these costs. He also referred to several recommendations promoting the creation of new housing in the downtown and urged that this be a special focus of attention. Mr. lan MacNaughton advised that a final report will be presented in June of this year and will include a five year strategy and a structure for all Task Force recommendations. He summarized that the problem of the downtown is major and has a city-wide impact. He suggested that the vacancy rate in office towers and the health of the King Value Centre and Market Square (being the retail anchors of the downtown) should be treated as top priorities. He pointed out the need for a full-time (contract) strategist with a business background to promote the plan. Mr. MacNaughton also referred to the need for disentanglement and definition of the roles of the City, municipal citizens and the Kitchener Downtown Business Association in promoting revitalization. He referred to the importance of shifting priorities where necessary and referred to an initiative by Mr. S. Gyorffy in this regard. In closing, Mr. MacNaughton stressed that the Task Force wants to implement strategies to revitalize the downtown without increasing costs, and will look at opportunities for shifting priorities where these are available. Mayor R. Christy proposed two special meetings to debate the Task Force recommendations and receive input from the public and any special interest groups, including the Friends of St. Jerome's and proponents of the Student Coffee House. It was generally agreed that the first of these meetings will be held on Tuesday, May 16, 1995 from 7 p.m. to 10 p.m. A second meeting would be held from 9 a.m. to 12:30 p.m. on Tuesday, May 23, 1995 for further discussion and comment on the Task Force recommendations as required. Council then directed questions to the various Task Force members. Councillor G. Lorentz pointed out that it appears the proposed high cost items are to be paid for by the City, whereas the lower cost items are to be shared in partnership. He also expressed concern over a proposed $170,000 budget for a two- year contract involving a Downtown Events Co-ordinator. Mayor R. Christy suggested that a motion be put forward agreeing, in principle, to the recommendations of the Task Force subject to development of terms of reference for the various positions and committees, firm costs for the initiatives, and further delineation of opportunities for partnership. He stressed that this does not imply that the City will pay all of the costs involved. Mr. lan MacNaughton explained that the $170,000 figure involves salary, benefits and support costs, noting that he prefers to find ways of using existing staff for support as opposed to creating a totally new cost. In response to a question from Councillor K. Redman concerning disentanglement of the Kitchener Downtown Business Association (KDBA) and the City, Mr. MacNaughton pointed out that the Task Force felt beautification and events have a broader city-wide benefit and that the KDBA should be focusing primarily on retail strategy. He added that partnership presumes a division of responsibility and that in this regard the KDBA would pick up the retail marketing component. Mr. MacNaughton agreed with the comment made by Mayor Christy that it would be fair to expect the KDBA to contribute to downtown events. He stated his belief that events will require a non-City Hall employee. Mr. MacNaughton also pointed out that he believes that current City staff have the expertise to do a stronger job in the area of public relations. Councillor K. Redman questioned whether it would be possible to attract a suitably dynamic person to promote the downtown if the position were offered on a two-year contract. Mr. MacNaughton referred to the various stages inherent in this function, noting that the initial period will involve innovation while later stages will evolve into more of a caretaker role. Mr. T. McKay pointed out that the existence of a two-year contract does not preclude future establishment of a full-time position. He also noted that a dynamic individual who is challenged by the innovation part of the process may not be interested in the subsequent stages involving maintenance of the process. He offered the opinion that at this time it is MAY 8, 1995 COUNCIL MINUTES - 199- CITY OF KITCHENER incidental whether the position is permanent or contract. Councillor M. Wagner stressed the need to prioritize and limit expenditures. Mayor R. Christy indicated that specific costing will be requested from staff in time for the special meetings and that by May 23 Council should be in a position to deal with prioritization. Councillor Jake Smola asked for information on success stories involving downtown revitalization. Mr. MacNaughton replied indicating that the City of Burlington hired a Downtown Co-ordinator and as a result of that person's efforts, the 17% vacancy rate was reduced by half, 71 businesses were recruited and the tax base was increased by $300,000 in a single year. He offered the opinion that this success resulted from the priority assigned to the task. Councillor Jake Smola asked that other Cities be contacted before the May 16 meeting to obtain similar information on expenditures, the magnitude and nature of improvements, and their subsequent success or failure. In this regard, he referred specifically to the Cities of Chatham and Sarnia. Mr. T. McKay indicated that staff would attempt to get this information. Councillor Jake Smola also advised that the cost of revitalization causes him concern. Councillor T. Galloway referred to a concern he had expressed earlier in the process relating to how downtown revitalization is promoted in the community at large. He indicated his expectation that there would be a recommendation outlining initiatives in this regard. Mr. MacNaughton replied that he and other staff members have spoken to service clubs and other special interest groups, and in his own experience he found that people want to have pride in the downtown, while being assured that their tax dollars are not squandered. Councillor Galloway suggested that the talks referred to by Mr. MacNaughton may not be an appropriate venue for promoting revitalization as a City-wide program. He indicated his interest in seeing promotion extended to each individual home in the near future. Councillor M. Wagner indicated his preference for an emphasis on no cost or Iow cost items which will bring longer term benefits. He asked that the Planning and Development Department report on the housing aspect of the plan, noting that in his opinion this is paramount and will lead to other improvements as a matter of course. Moved by Councillor M. Wagner Seconded by Councillor J. Ziegler That Council accept the Interim Report of the Mayor's Task Force on Downtown Revitalization and Renewal as amended by the Downtown Action Committee and agree, in principle, to the recommendations therein subject to obtaining specific cost figures, terms of reference for the proposed positions and committees, further information on partnerships and clarification of other report issues, and further, That further consideration of the issues and recommendations in the Task Force report be referred to the special meetings of City Council to be held on May 16 and 23, 1995, Councillor G. Lorentz indicated that he wished assurance of flexibility in the Task Force recommendations. Councillor J. Ziegler agreed with acceptance in principle, subject to costing clarification; however, he expressed concern over recommendation No.12 dealing with a $50,000 grant toward a feasibility study to restore and operate the St. Jerome's Centre for the Arts. Councillor Jake Smola argued that he would not support the motion on the principle that the recommendations should not be treated as a package since he agrees with some but not with others. He further suggested that on May 16 consideration of the recommendations should take place on an individual basis. Mr. MacNaughton stressed the need to act quickly and decisively in the area of Downtown Revitalization, particularly as regards office tower occupancy and the state of the two downtown retail anchors. He pointed out that the Task Force is asking Council to make the downtown a priority and make result oriented decisions. He noted that he is impressed with the quick action taken by Council to date and urged Council to keep the end in view and work as a team in this regard. Councillor M. Yantzi noted that any expenditures in the downtown could be viewed as an investment in increasing tax revenues. He also asked for clarification of recommendation No.13; specifically, why the Youth Coffee House is tied to a particular building in light of the fact that this property may not be economically viable. Mr. lan MacNaughton replied that the Task Force is expecting a common sense approach to building cost. He pointed out that youths in the downtown are the key to this partnership recommendation and it was hoped that this project could be implemented in a practical and Iow cost way. Councillor K. Redman asked whether the five-year plan that the Task Force plans to release in June of this year would contain different or additional initiatives and Mr. MacNaughton replied that the plan would MAY 8, 1995 COUNCIL MINUTES - ~00- CITY OF KITCHENER outline medium to long term initiatives, some of which would be new and others similar to those outlined in the Interim Report. Councillor G. Lorentz asked for clarification of recommendation No.2 and whether the Task Force is recommending that the Farmers' Market be moved. Mr. MacNaughton replied that a move is proposed in the long term, but that this must be considered in conjunction with other downtown commercial components. Councillor Lorentz referred to recommendation No.3 concerning resolution of the Market Square Parking Garage issue by July of 1995 and suggested that a political decision would be required before any direction to staff. Mr. T. McKay clarified that Council would first make a decision on an appropriate option and then direct staff to work with Cambridge Leaseholds to resolve the problem. Councillor Lorentz questioned whether the coffee shop initiative had been discussed with Junior Achievement, and Mr. J. MacDonald replied that they had been approached; however, given the current project load they felt it would not be possible to work on the project without some form of recompense. Councillor Lorentz suggested that based on a rough estimate of the cost it may be appropriate to discuss the matter further with the President of the K-W Chamber of Commerce. The previous motion by Councillor M. Wagner, seconded by Councillor J. Ziegler, to accept the Interim Report, in principle, subject to additional information, was voted on and Carried. Councillor K. Redman suggested that every group affected by the Task Force should be informed of the upcoming meetings and Mayor R. Christy asked Mr. T. McKay to take this under advisement. Councillor B. Vrbanovic added that it would be beneficial if a representative of the Task Force was in attendance at both meetings. Ms. Sue Howard registered as a delegation in opposition to the Committee of Adjustment recommendation concerning Submission No.S 6/95 (John Day) listed as clause 6 on the Committee of the Whole agenda this date, but was not in attendance. Mr. Stephen Grant, Madorin Snyder, appeared on behalf of the property owner with respect to Committee of Adjustment Submission S 6/95. Mr. Grant suggested that this matter should perhaps be deferred pending the outcome of Council's consideration of clause 4 in the Finance and Administration Committee report recommending continuing a moratorium on billboard signs. Mr. Darcy Clark, Director of Regional Development, Mediacom, was in attendance concerning clause 4 of the Finance and Administration Committee report of this date dealing with an extension to the moratorium on billboard signs. Mr. Clark referred to his written submission dated May 5, 1995 which was circulated this date and indicated his company's interest in addressing any outstanding problems and in acting both responsibly and fairly. He outlined the proposal contained in his May 5, 1995 letter involving applications and permits for various properties. Mr. Clark also indicated that his Company generally supports the review of the City's Sign By-law as it relates to billboard signs. Councillor J. Ziegler indicated that he appreciated the approach taken by Mediacom. He also noted that additional issues such as the distance separation between billboard signs and the location of signs on lands exempt from municipal taxes are also issues which should be investigated. Councillor T. Galloway asked Mr. Clark to identify the property referred to as site 4 in his letter. Mr. Clark clarified that the site is the Shell property and that the original proposal will be altered to reflect a two rather than a four faced billboard installation. Councillor K. Redman enquired whether the permit withdrawals referred to in Mr. Clark's letter are temporary or permanent, and Mr. Clark replied that they are permanent. Mr. Stephen Grant indicated that he was also in attendance concerning the larger issue of the billboard sign moratorium. He advised that he agrees with a review of the Sign By-law and associated permit fees; however, he does not feel that a moratorium is necessary while the review is undertaken. He asked Council to consider whether the moratorium is proper given the existing By-law, which he characterized as a codification of rules determining how both the applicant and the City are to act. He pointed out that if an application is before the City which meets the existing By-law requirements, it may be improper to apply a moratorium as this has connotations of applying new rules retroactively. Councillor Ziegler wished it noted that he does not agree with Mr. Grant's interpretation. In response to a further question from Councillor T. Galloway, Mr. Grant suggested that without proper notice to applicants, the rules cannot be changed after an application has been submitted. Councillor Galloway suggested that the moratorium be applied to future applications, meaning those which are not presently filed for processing. Mr. Grant also encouraged Council to support the Committee of Adjustment recommendation relative to Submission No. S 6/95 listed as clause 6 on the Committee of the Whole agenda of this date. He noted that the minor variance relates to a 12 metre distance shortfall and that the letter of objection does not MAY 8, 1995 COUNCIL MINUTES - ~01- CITY OF KITCHENER relate to the variance at issue. Councillor J. Ziegler added that the distance separation between billboard signs is part of the aesthetics of the City and does not relate solely to separation from other property owners. Mr. Grant urged that the locations of existing and proposed signs be kept in mind, since the latter would not have a further negative impact. Mr. Bruce Wilson appeared on behalf of Gould Outdoor Advertising and in support of the Committee of Adjustment recommendation concerning Submission No.S 6/95 listed as clause 6 on the Committee of the Whole agenda of this date. He noted that he does not see the two locations as conflicting and referred to a map illustrating the sites. He also referred to a separate location where his company has been asked to remove a billboard to accommodate the new Huron Road interchange, and asked that any moratorium allow a replacement application to proceed and be processed. Mr. Wilson also referred to another installation at the intersection of Bleams Road and Manitou Drive where plans are underway to upgrade and implement a final phase. Councillor T. Galloway enquired whether the sign relocation resulting from the widening of Homer Watson Boulevard conforms to the By-law and that no exemptions are required. Mr. Wilson suggested that any moratorium would be unfair to Gould Advertising at this specific location and Councillor Galloway responded that in his view the moratorium would not affect applications already received for processing. Councillor J. Ziegler added that consideration should be given to sign relocations but that in his view the moratorium would apply only to new applications received after this date. Moved by Councillor J. Ziegler Seconded by Councillor K. Redman That Council agree to the proposal of Mr. Darcy Clark on behalf of Mediacom as outlined in his letter of May 5, 1995 save and except, the actions relating to item 5 (CPR at Sportsworld Drive). Carried. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That clause 4 of the Finance and Administration Committee report be adopted. Moved by Councillor J. Ziegler Seconded by Councillor K. Redman That clause 4 of the Finance and Administration Committee report of this date be amended to indicate that the staff report include comment on the distance separation between billboard signs and the feasibility of applying a special charge or tax to billboard signs on properties which are exempt from municipal taxes (such as rail or agricultural lands); that any sign applications received by staff as of May 8, 1995 are exempt from the moratorium; and, that consideration of the staff report be referred to the June 12, 1995 Planning and Economic Development Committee meeting. Mr. T. McCabe advised that in order to comply with item 4 in the letter from Mr. Darcy Clark, Council will have to consider the Committee of Adjustment recommendation for Submission No.S 5/95. He also indicated that the application was supported by the Committee of Adjustment. Councillor M. Wagner asked for assurances that none of the outstanding applications involve agricultural land, and Mr. McCabe related all of the addresses involved, noting that only the location at Bleams and Westmount Roads might be viewed as agricultural. The amending motion by Councillor J. Ziegler, seconded by Councillor K. Redman was then voted on and Carried. The main motion was then voted on. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That clause 4 of the Finance and Administration Committee report of this date be adopted, as amended. Carried. COUNCIL MINUTES MAY 8, 1995 CITY OF KITCHENER Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of April 11, 1995, recommending approval of Submission No.S 5/95 - Shell Canada Products Limited - be ratified and confirmed. Carried. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of April 11, 1995, recommending approval of Submission No.S 6/95 - Mr. John Day - be ratified and confirmed. Carried. Mr. Peter Eglin appeared concerning clause 8 of the Committee of Whole agenda of this date relative to a moratorium on proclamations. Mr. Eglin indicated his hope that Council would proclaim Gay Pride Day, and suggested that abolishing proclamations generally in response to a recent Human Rights Commission ruling implies a homophobic attitude. Mr. Eglin also referred to instances of persecution involving gays. Councillor T. Galloway pointed out that even if the practice of issuing proclamations is eliminated, any organization can approach Council and advise of their event. Mr. Eglin commented that organizations approach Council for a proclamation in order to get acknowledgement or support from the community. Councillor Jake Smola indicated that he has a personal objection to the proclaiming of Gay Pride Day, and advised that he would not support any proclamation based on sexual orientation. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner That clause B.8 of the Committee of the Whole agenda of this date be adopted. Councillor J. Ziegler indicated that he favours a pragmatic approach to the proclamation issue since based on the Human Rights Commission ruling, the municipality could be put in financial jeopardy for refusing to issue a proclamation. He noted that Council has been approached by a variety of different organizations in the past and proclamations have been issued on the basis that Council had the right to deny a request. Councillor Ziegler indicated his support for an investigation by the City Solicitor into the recent ruling. Councillor M. Yantzi also indicated his support for the review, but suggested that it would be more appropriate to continue issuing proclamations in the interim. He also voiced concern over the position taken by certain members of the public and Council and suggested this amounts to a gross over- reaction. Councillor Yantzi asked that the motion be dealt with in two parts, the first relating to the investigation and the second to the issuing of proclamations in the interim. Councillor M. Wagner indicated support for the recommendation. He referred to comments made by Mr. Eglin to the effect that issuing a proclamation implies acceptance of a particular view, noting that Council should not be asked to put themselves in this position. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner That Mr. J. Shivas, City Solicitor, be requested to investigate and report on the implications of an Ontario Human Rights Commission decision dated March 6, 1995. Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner That pending a report from Mr. J. Shivas, City Solicitor, on the implications of an Ontario Human MAY 8, 1995 COUNCIL MINUTES - ~03- CITY OF KITCHENER Rights Commission decision dated March 6, 1995, no proclamations pursuant to Policy No.l-37 be issued by either the Mayor or Council. Carried. As regards the Planning and Economic Development Committee report of this date, Mr. L. Neil referred to clause 7, noting that consideration of various Downtown Action Committee endorsements stands referred to the meeting this date, and suggested a further deferral to the special meeting of City Council on May 23, 1995. Council agreed to the change of meeting dates. 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. Ms. V. Gibaut, Director of Economic Development, advised that with regard to clause 3 there are several unresolved issues which will be finalized before execution of the relevant documents by the Mayor and Clerk. She also asked that clause 5 (subsection 2) be amended by removing the words "at a fair market value". Mr. J. Shivas, City Solicitor, indicated agreement with the comments of Ms. Gibaut. The report was then put to a vote. Voted on clause by clause. Clauses 5 & 7 - Carried, as amended. Balance of Report - Carried. 2. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway That the report of the Community Services Committee of this date be adopted. Councillor Lorentz asked that clause 12 be amended to replace the figure $823.50 with $360. The report was then put to a vote. Voted on clause by clause. Clauses 12 - Carried, as amended. Balance of report - Carried. Council was in receipt of an information report from Mr. R. Arnot dated May 8, 1995 concerning the boat house renovations at Victoria Park which was previously requested by the Community Services Committee. 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 J. Ziegler asked that clause 5 be dealt with separately and indicated his opposition to the recommendation. Councillor K. Redman asked that clause 14 be dealt with separately. In addition, she asked that paragraph 2 of clause 14 be removed and treated as a separate recommendation and be further amended so as to indicate that Mr. T. McKay would act as a liaison with the Region of Waterloo concerning the local weather office issue. Councillor Ziegler indicated that he is opposed to clause 14 proper. The report was then put to a vote. Voted on clause by clause. MAY 8, 1995 COUNCIL MINUTES - ~04- CITY OF KITCHENER Clause 4 amended. Dealt with under delegations and Carried, as Clause 5 - Carried. Clauses 14 & 15 - Carried, as amended. Balance of report - Carried. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural adopted. Conservation Advisory Committee of this date be Carried. Moved by Councillor John Smola Seconded by Councillor M. Wagner That the report of the Public Works and Transportation Committee of this date be adopted. Carried. Moved by Councillor John Smola Seconded by Councillor G. Lorentz That Ed Kovacs be appointed to the position of General Manager of the Public Works and Utilities Department. Carried. Mayor R. Christy advised that this is the last Council meeting of Mr. D. Suzuki, Commissioner of Public Works and Utilities, and on behalf of Council and staff, extended thanks for his many years of service to the City and best wishes in his retirement. Councillor Jake Smola pointed out that with regard to clause 8 of the Finance report of this date concerning permission to sell flowers in the downtown from a stationary cart, staff have not submitted a recommendation on the location and appropriate licence fee for consideration by Council. Councillor J. Ziegler suggested that this could be dealt with at a future meeting. Councillor J. Ziegler suggested, and it was generally agreed, that staff should investigate the feasibility of the City creating an Adopt a Road Program. Mayor R. Christy asked Mr. T. McKay to direct staff to prepare a report for consideration by the Public Works & Transportation Committee. Councillor Jake Smola referred to information he had previously requested concerning the cost of marketing the transit operation and the possible use of smaller buses at off-peak times. Mr. R. Freeborn replied that the report on smaller buses is being prepared by the General Services & City Clerk's Department and to the best of his knowledge, is nearing completion. He also agreed to enquire into the costing information. Councillor T. Galloway enquired as to the City's legal rights regarding signs placed on boulevards advertising various services, and asked whether these could be removed. Mr. J. Shivas responded that he would prepare an opinion for consideration by Council. Councillor G. Lorentz suggested that if anyone has the right to put signs on the boulevard, then anyone should have the right to remove them, and suggested that staff be directed to remove these signs in the course of their day-to-day duties. He argued that signs placed on City property are the responsibility of the City and not the home owner. Mr. Shivas suggested that any action in this regard be delayed until he has time to review the appropriate legislation and provide a legal opinion. Mr. T. McKay suggested that staff could be directed as indicated by Councillor Lorentz subject to receipt of a legal opinion. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler COUNCIL MINUTES MAY 8, 1995 - 205- CITY OF KITCHENER That subject to consideration of a legal opinion from Mr. J. Shivas concerning the removal of advertising signs placed on City property without approval, staff be directed to remove such signs from City property during the course of their daily duties. Carried. Councillor Jake Smola referred to the new design for bus shelters utilizing a single sheet of plate glass and referred to complaints he had received involving vandalism to shelters. He asked that staff report on the frequency of such occurrences, the cost of repair and who is responsible for payment. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (c) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (e) Being a by-law to exempt a certain lot from Part Lot Control - Lot 36, Registered Plan 1791 - Dawn Ridge Drive (f) Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener (g) Being a by-law to define an area of the Municipality to be examined for future designation as a Heritage Conservation District (h) To confirm all actions and proceedings of the Council (i) Being a by-law to exempt a certain lot from Part Lot Control - Lots 15 to 24 inclusive, Registered Plan 1689 - Westforest Trail (J) Being a by-law to exempt a certain lot from Part Lot Control - Lots 25 to 62 inclusive, Registered Plan 1689 - Westforest Trail/Windward Place and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor J. Ziegler as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner 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 B. Vrbanovic Seconded by Councillor K. Redman MAY 8, 1995 COUNCIL MINUTES - ~06- CITY OF KITCHENER That the by-laws listed on the agenda for third reading, namely: (a) To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (By-law No. 95-65) (b) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 95-66) (c) Being a by-law to amend By-law No. 88-172 being a by-law to authorize certain on-street and off-street parking of vehicles for use by physically handicapped persons, and the issuing of permits in respect thereof (By-law No. 95-67) (d) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 95-68) (e) Being a by-law to exempt a certain lot from Part Lot Control - Lot 36, Registered Plan 1791 - Dawn Ridge Drive (By-law No. 95-69) (f) Being a by-law to provide for the widening of part of Guelph Street as a public highway in the City of Kitchener (By-law No. 95-70) (g) Being a by-law to define an area of the Municipality to be examined for future designation as a Heritage Conservation District (By-law No. 95-71) (h) (i) (J) To confirm all actions and proceedings of the Council (By-law No. 95-72) Being a by-law to exempt a certain lot from Part Lot Control - Lots 15 to 24 inclusive, Registered Plan 1689 - Westforest Trail (By-law No. 95-73) Being a by-law to exempt a certain lot from Part Lot Control - Lots 25 to 62 inclusive, Registered Plan 1689 - Westforest TrailANindward Place (By-law No. 95-74) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. MAY 8, 1995 COUNCIL MINUTES - ~07- CITY OF KITCHENER MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. A. That the "Highland West Community Plan" be revised as follows: a) That Map "B", Land Use Plan, be revised to change the land use designation from "Convenience Commercial" to "Neighbourhood Institutional" on the lands located at the southwest corner of Bankside Drive and Westforest Trail, as illustrated on Map "B" attached and entitled, "Revised General Land Use Plan", dated March 1995. b) That Policy 3.7.2 be revised to change the lot area referenced from "0.6" hectares to "0.4" hectares. It is the opinion of this Committee that approval of these revisions to the Community Plan is proper planning for the City. That Zone Change Application 94/13/B/PMc (Anne Rogers) requesting a change in zoning from Convenience Commercial Zone (C-1) to Neighbourhood Institutional Zone (I-1) with special use provision 95U according to By-law 85-1, on part of Block 14, Registered Plan 1790, more particularly described as Parts 1 and 2, 58R-9367, be approved in the form shown in the "Proposed By-law" attached dated March 14, 1995 without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with the Municipal Plan. That Zone Change Application 94/19/K/PMc (Golden Triangle Oils Ltd.) requesting a change in zoning by revising special use provision 109U to By-law 85-1 to permit limited restaurant use in conjunction with a gas bar, on the property legally described as Block E, Registered Plan 1335, be approved in the form shown in the Proposed By-law attached dated March 13, 1995, without conditions. It is the opinion of this Committee that approval of this application is proper 3lanning for the City and is in conformity with the Official Plan. That subject to a firm Offer to Purchase being received and approved by Mr. J. Shivas, City Solicitor, the City accept, and the Mayor and Clerk execute an Offer to Purchase submitted by 1090504 Ontario Limited (Mitchell Plastics), with respect to land in Phase 111 Huron Business Park composed of Part 1 of a draft plan by Metz & Lorentz, dated April 19, 1995 under File Number K1 - 710 - 78 and consisting of 7.183 acres at a total purchase price of $560,274 ($78,000 per acre). The Offer includes a First Right of Refusal on Part 5 of the draft plan consisting of 2 acres in Phase 111 Huron Business Park at a fair market value; and further, That the Mayor and Clerk are hereby authorized to execute any other necessary documentation required by the City Solicitor. That subject to a firm Offer to Purchase being received and approved by Mr. J. Shivas, City Solicitor, the City accept, and the Mayor and Clerk be authorized to execute, an Offer to Purchase from R. M. Adams Trucking Ltd. with respect to lands composed of Part Lot 112, G.C.T. designated as Part 1 on Plan 58R-4735 having a frontage of about 235.25 feet and an area of about 1.873 acres on Dumart Place at the purchase price of $63,000 per acre, for a total purchase price of $118,000. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 1) That notwithstanding Section 13.(1) of By-law 91-314 and in accordance with Subsections 9(8) and 12(1) of The Development Charges Act, S.O. 1989, City Council support a request for deferring the payment of all of the City development charges for K-W Triple J. Tooling Inc. required to be paid on the date a building permit is issued subject to the following: (a) that such payment deferral be for a maximum period of one (1) year from the date of MAY 8, 1995 COUNCIL MINUTES - ~09- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 - ~09- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL issuance of the building permit to which the development charge applies. (b) that interest at the rate of prime plus one (1) percent be applied to the outstanding development charge, calculated from the date of the issuance of the building permit to the date the charge is paid. (c) that the owner of the lands to which the development charge applies shall enter into an agreement with the City to be registered on title, prior to the issuance of the building permit, which agreement shall include the matters set out in Conditions (a) and (b) above. (d) That the foregoing be subject to the preparation of a Deferral Agreement by and to the satisfaction of the City Solicitor. 2) That K-W Triple J Tooling Inc. will have the First Right of Refusal to purchase the neighbouring lands known as Part 12, on Reference Plan 58R-7426. (As Amended) That the "Interim Report of the Mayor's Task Force on the Downtown dated May 1, 1995" be received and referred for consideration by: (a) Downtown Action Committee on May 4, 1995 (b) City Council on May 8, 1995 That action on the following resolution be deferred and referred to the special meeting of Council of May 23, 1995: That the Downtown Action Committee endorse the Murals Program, The Children's Museum, Lighting of Gaukel Street and Victoria Park and the St. Jerome's Centre for the Performing Arts and requests that Council endorse the same on the basis that these are Community driven projects and do not entail funding from Council by this endorsement. (As Amended) That Planning and Development Staff Report PD 95/41 outlining the public consultation process to be followed for the Blair, Bechtel and Bauman Creeks Subwatershed Study be received for information only. 1) That the Department of Planning and Development administer the grants comprised of $16,000 from the Ministry of the Solicitor General and $16,000 from the City for the Cedar Hill Community Project; and further, PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 9. (Cont'd) 2) That the Department of Planning and Development be authorized to employ a contract community development worker to coordinate the project for a one year period; and further, MAY 8, 1995 COUNCIL MINUTES -~10- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 - ~10- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 3) That the Planning and Economic Development Committee receive quarterly reports of the project's progress and outcomes in order to evaluate a community development approach for neighbourhood improvement. 10 That the following proposed street names be approved for Draft Plan of Subdivision 30T-88041 (Activa Holdings Inc.): Street One Street Two Street Three Street Four Street Five Wilderness Drive Grey Fox Drive Queen Charlotte Crescent Waterwillow Court Orchid Crescent 11 That Planning and Development Staff Report PD 95/38 (Demolition Control Application 94/10/C/RM - 33 Cedar Street South) be deferred and referred to a future meeting of the Planning and Economic Development Committee. 12 That Demolition Control Application DC 94/08/K/RM (Imperial Oil Ltd.) requesting approval for the demolition of a single detached dwelling located at 4607-4611 King Street East legally described as Part Lot 24, Con Beasleys Broken Front be approved. 13 That Demolition Control Application DC 94/09/D/RM (City of Kitchener) requesting approval for the demolition of a single detached dwelling located at 1252 Doon Village Road legally described as Part Lot 3, Tract Biehns be approved. 14 That Kitchener City Council endorse the Registration of new Fill Lines for the Strasburg Creek Watershed between Westmount and Huron Road in the Huron Community and supports registration of these Fill Lines by the Grand River Conservation Authority. 15 That Council accept Planning and Development Staff Report PD 95/49 pertaining to the Fire Prevention and Fire Suppression Policies in the Municipal Plan for their information and acknowledges that these Policies will be referred to the Ontario Municipal Board by Regional Council. COMMUNITY SERVICES COMMITTEE - That we approve the request of the Kitchener Fire Department to research potential sites for a training facility and to explore options with respect to joint training use, ownership and management. COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. That the walkway located between the properties known municipally as 168 & 174 Millwood Crescent be closed and a sale of the land to the abutting property owners be negotiated, and MAY 8, 1995 COUNCIL MINUTES - ~11- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 - 911- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL further; That any sale of the closed walkway be subject to the City retaining an easement for existing municipal services. 3. That we support the bid to bring the 1997 International Softball Congress (ISC) World's Tournament to Kitchener; and further That we enter into an agreement with the Kitchener Fastball Promotions and Waterloo Ontario Fastball Association in submitting the bid and sharing of revenue. 4. That we endorse plans for "Summer In The City" as a jointly planned event between Kitchener Parks and Recreation and Mr. Glen Smith and volunteers. That we approve the request of the Children's Museum Committee for a cash grant in the amount of $1,000.00 to assist with their attendance at a conference in Philadelphia on May 18, 1995; with the funding to be paid from the Downtown Revitalization Account. 6. That no action be taken on the request of the Royal Canadian Air Cadets for a facility rental and cash grant totalling $1,300.00. 7. That we approve the request of Christopher Dubrick for a travel grant in the amount of $100.00 to assist in his expenses in attending the National Squash Tournament in Montreal in May 1995. 8. That we approve the request of the Festival of Neighbourhoods for a grant up to the amount of $7,500.00 for their 1995 event. That we approve the request of the Waterloo Regional Block Parent Program Inc. for a cash grant of $3,000.00 to assist them in hosting the 1995 Ontario Block Parent Conference in Kitchener from May 3 - 5, 1995. 10 That we defer consideration of the request of the Waterloo Minor Ringette Association for a travel grant, for their attendance at the Provincial Ringette Championships in Sudbury, the week of March 15, 1995, to the May 8, 1995 Council Meeting. 11 That the Mayor and Clerk be authorized to execute a licensing agreement, dated May 1, 1995, to allow the Laurentian Pre-School to use a portion of the Kitchener Lions Community Arena from May 28, 1995 to May 28, 1996 for rent in the amount of $1,000.00. 12 That we take a half page advertisement, in the special insert to be published recognizing the 50th Anniversary of the end of World War II, at a cost of $360, to list the names of those men and women of the City of Kitchener who lost their lives during World War II. (As Amended). FINANCE AND ADMINISTRATION COMMITTEE - That the request of the K-W Kinsmen Club for permission to sell fireworks in the City from May 17 to May 22, 1995 be granted and a nominal licence fee of $1.00 be imposed on the vendor of fireworks, and further, That the above approval be conditional upon the use of a maximum of three locations, all in compliance with the City's Zoning By-law, and obtaining all necessary licences and signatures of approval. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) MAY 8, 1995 COUNCIL MINUTES -~1~- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 - ~1~- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That with regard to the request of the K-W Kinsmen Club for permission to sell fireworks in the City from May 17 to May 22, 1995, a nominal licence fee of $1.00 be imposed upon the owner of the premises from which fireworks will be sold (acting as an agent of a charitable organization), and further, That the above be conditional upon compliance of the site with the City's Zoning By-law and obtaining all necessary licences and signatures of approval. That subject to obtaining all other necessary licences and signatures of approval, a charitable Hawkers and Peddlers Licence be issued to the K-W Kinsmen Club for a nominal fee of $1.00 in conjunction with the planned sale of fireworks in the City from May 17 to May 22, 1995. That Council extend the moratorium on billboard signs as outlined in the Council resolution of April 10, 1995 pending a further report by staff to include, but not be limited to: current fees; the number of single and double pylon billboard signs and related fee structure; notification of property owners affected by a sign installation; installation of billboard signs in areas zoned Agricultural; distance separation between billboard signs; and, the feasibility of applying a special charge or tax to billboard signs on properties which are exempt from municipal taxes (such as rail or agricultural lands), and, That such report be considered by the Planning and Economic Development Committee on June 12, 1995, and further, That notwithstanding the moratorium, staff process in the regular manner any sign applications received as of May 8, 1995. (Dealt with under delegations and Carried, as amended) That no action be taken on the request of Mr. Willard Sallans, Wagonwheel Flea Market, for a reduction in licensing fees relative to the operation of a chip wagon. That without prejudice or precedent, Mr. Larry Boehm be paid the sum of $774.98 for the cost of repairs to a sump pump and sump pit installation at 155 Yellow Birch Drive. That all licence fees be waived in 1995 relative to the Fire Fighters' Muster to be held at Doon Heritage Crossroads on May 27, 1995, and that notwithstanding the waiving of fees the organization be required to obtain a licence and the necessary health and fire approvals. That for a trial period of one year, Street Heart Roses (Mr. William Sovari) be given permission to sell flowers in the downtown from a stationary cart in accordance with the hours of operation in the Street Vendors By-law, and that staff submit a recommendation as to the exact location and appropriate licence fee for further consideration by Council, and further, That in consultation with Mr. Sovari, staff agree to appropriate criteria for the type of cart and its appearance. That for a trial period of one year, Street Heart Roses (Mr. William Sovari) be permitted to sell flowers in the downtown using up to three roving vendors between the hours of 9:00 p.m. and 1:00 a.m., subject to the licensing requirements for Hawkers and Peddlers. 10 That the issue of standards for sidewalk patios in the downtown be deferred and referred to the May 8, 1995 Council meeting, along with the suggestions of the Downtown Action Committee that the aesthetic appearance of patios be addressed through voluntary compliance, that the maximum barrier height be 48 inches and that the dress code in effect inside establishments be extended to include patio areas. COUNCIL MINUTES MAY 8, 1995 - 213- CITY OF KITCI:IENER COUNCIL MINUTES MAY 8, 1995 - 213- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 11. That permission be granted for an over-expenditure in the amount of $14,766.00 to cover the cost of replacing a rooftop heating and air conditioning unit at the Transit Centre on Strasburg Road. 12. That part of the former Railway right-of-way fronting onto the north side of Pinnacle Drive, described as Part of Biehn's Unnumbered Tract designated as Part of Part 2 and all of Part 3, Plan 58R-6355 be declared surplus to the City's needs, and that staff be directed to negotiate the sale by land exchange for part of Part 2, Plan 58R-6355 with Hurox Holdings, the owner of abutting landlocked rear land and negotiate the sale of Part 3, Plan 58R-6355 to the abutting owner of Lot 1, Registered Plan 579. 13. That effective May 8, 1995, existing By-law Enforcement staff be directed to enforce the two hour time limit at all free, on-street parking spaces, and that staff communicate with the Kitchener Downtown Business Association concerning areas where abuses occur so that they may approach businesses to request compliance, and further, That $2,000.00 be allocated for the employment of students for part of the Summer and the Fall of 1995 to conduct occupancy, turnover and duration studies. 14. That Kitchener City Council endorse the resolution approved by the Regional Municipality of Waterloo on April 27, 1995 asking that the Federal Government not close the Waterloo-Wellington Weather Office and continue to provide the same level of service to the residents of the Region of Waterloo and Wellington County, and further, That this resolution be forwarded to the Prime Minister of Canada, the Right Honourable Jean Chretian, the Minister of Environment, and to all Members of Parliament representing Waterloo Region and Wellington County. (As Amended) 15. That given the planned closing of the Waterloo-Wellington Weather office, Mr. T. McKay act as a staff liaison and encourage investigation of alternate ways for the Region of Waterloo to provide local weather reporting services in conjunction with other community agencies. (As Amended). 16. That all 1995 sidewalk patio encroachment agreements in the downtown be subject to any subsequent changes to patio standards and criteria approved by Council. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - That we accept the Designated Heritage Property Alteration Application as presented to the Local Architectural Conservation Advisory Committee on April 7, 1995; subject to the concurrence of the Chief Building Official. 2. That we approve, in principle, the designation of Margaret Avenue School, subject to the requirements of the Ontario Heritaqe Act. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That parking be prohibited on the west side of Rothsay Avenue from Matthew Street to a point 88 metres north thereof, and further, MAY 8, 1995 COUNCIL MINUTES -914- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 - 914 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES MAY 8, 1995 -215 - 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. Licenses It was resolved: "That the City of Kitchener has no objection to the Canadian Diabetes Association, Ontario Division, 15 Toronto Street, Suite 1001, Toronto, Ontario, M5C 2E3, being granted permission to sell raffle tickets in the City of Kitchener for a draw to be held at their offices at 15 Toronto Street, Suite 1001, Toronto, Ontario, on July 21, 1995." -and- "That the PTA of the Christ Lutheran School, 146 Trafalgar Avenue, Kitchener, N2A lZ7, be granted permission to operate a Refreshment Stand at a beef barbecue at their school on June 1, 1995, provided that the necessary licences are obtained." -and- "That the Kitchener-Waterloo Skating Club be granted permission to operate a refreshment stand, in front of the Zehrs at Zehrs Hiway Market, Kitchener, on the following dates: May12,13,14,1995 June 22,23,24,1995 July 21,22,23,1995 August25,26,27,1995 September15,16,17,1995 Odober6,7,8,1995 provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the Catholic Youth Organization, 94A Weber Street West, Kitchener, N2H 3Z5, be granted permission to operate Refreshment Stands at the following locations and dates: Zehr's Hiway Centre The Future Shop (Fairway Road) July 15-16, 1995 July 22-23, 1995 & 1995 August 19-20, provided that the necessary licences are obtained." -and- "That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park Saturday, July 1, 1995 and Sunday, July 2, 1995, the week of June 26 to July 2, 1995 inclusive be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a 'Community Festival' within Kitchener. Further, that the Kitchener-Waterloo Multicultural Centre Inc. be granted a Retail Exhibition licence, provided that the necessary Licence and Health and Fire approvals are MAY 8, 1995 COUNCIL MINUTES -~16- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 - ~16- CITY OF KITCHENER obtained." REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES MAY 8, 199,5 -216 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D Licenses (Cont'd) -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 Golf's Steak House & Tavern, 598-600 Lancaster Street West, Kitchener, on June 6-8, 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 Tavern, 600 Doon Village Road, Kitchener, on August 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 Howard Johnson's, 1333 Weber Street, Kitchener, on August 4-6, 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 Holiday Inn, 30 Fairway Road, Kitchener, on June 23-25, 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 Tavern, 600 Doon Village Road, Kitchener, on June 15-17, 1995, inclusive." -and- "That Core Literacy be granted permission to operate a Garage Sale at their office at 736 King Street East, Kitchener on June 10, 1995, provided that the necessary licence is obtained." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Club of Kitchener-Waterloo, to conduct a Monte Carlo event at the Conestoga Inn (Howard Johnson), 1333 Weber Street East, Kitchener on June 9-11, 1995 inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the K- MAY 8, 1995 COUNCIL MINUTES - ~17- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL W Minor Lacrosse to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener, on August 11-13, 1995, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Lion Rampant Accordion Band Inc., to conduct a Monte Carlo event at the Army, Navy and Air Force Veterans Club, 2-408 Gage Avenue, Kitchener on June 12-14, 1995 inclusive; providing that all proceeds from this event are used for the non-adult members of the band." COUNCIL MINUTES MAY 8, 1995 -217 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 2. Oktoberfest Coins It was resolved: "That Kitchener Waterloo Oktoberfest be authorized to circulate $2.00 coins as trade dollars within Kitchener from Saturday, July 1, 1995 to Tuesday, October 31, 1995 inclusive." 3. Special Community Event It was resolved: "That the City of Kitchener supports the Central Ontario Exhibition Association hosting the Central Ontario Exhibition from July 12-16, 1995 inclusive and recognizes this as a Special Community Event in connection with their application to the Liquor Licence Control Board of Ontario for a special occasion permit." 4. Encroachment Aqreements - CENTRE WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Especially Coffee Inc. to permit the use of six feet, six inches (6'6"), more or less, of sidewalk directly in front of Especially Coffee, located at 10 King Street East, for the operation of a sidewalk patio for the 1995 season, subject to the proposed patio being aesthetically acceptable to the Finance and Administration Committee." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Sports Cafe to permit the use of four (4) feet of sidewalk directly in front of Sports Cafe located at 102 King Street West, for the operation of a sidewalk patio for the 1995 season, subject to the proposed patio being aesthetically acceptable to the Finance and Administration Committee." MAY 8, 1995 COUNCIL MINUTES -~18- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Dandy's Restaurant to permit the use of five (5) feet of sidewalk directly in front of Dandy's Restaurant located at 85 King Street West, for the operation of a sidewalk patio for the 1995 season, subject to the proposed patio being aesthetically acceptable to the Finance and Administration Committee." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Big City Donuts to permit the use of six (6) feet, more or less, of sidewalk directly in front of Big City Donuts located at 24 Gaukel Street, for the operation of a sidewalk patio for the 1995 season, subject to the proposed patio being aesthetically acceptable to the Finance and Administration Committee." -and- COUNCIL MINUTES MAY 8, 1995 -218 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Encroachment Aqreements - CENTRE WARD (Cont'd) "That the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with the owner(s) of Slices Restaurant Inc. to permit the use of 11.7 feet, more or less, of sidewalk directly in front of Slices Restaurant, located at 300 King Street West, for the operation of a sidewalk patio for the 1995 season, subject to the proposed patio being aesthetically acceptable to the Finance and Administration Committee." -and- "That, subject to receiving approval from the City of Kitchener Fire Department and the Waterloo Regional Health Unit regarding the hot dog cart and subject to the proposed patio being aesthetically acceptable to the Finance and Administration Committee, the Mayor and Clerk be authorized to execute an Encroachment Agreement satisfactory to the City Solicitor, with 860184 Ontario Limited, the owner of the restaurant/night club known as Stages to extend their restaurant licence to include the operation of a sidewalk patio on a portion of the sidewalk directly in front of 312 King Street West, and the operation of a hot dog cart at a designated area on the sidewalk within the sidewalk patio, for the 1995 season." 5. Local Improvement Petition - SOUTH WARD It was resolved: "That subject to the approval of the Ontario Municipal Board, we grant the petition of Mr. Domenic Di Bernardo et al, for construction of sanitary sewers and connections on the MAY 8, 1995 COUNCIL MINUTES -~19- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL west side of King Street East, between Sportsworld Drive and 275 metres north of Sportsworld Drive, pursuant to the Local Improvement Act." Committee of Adjustment -Siqn Variances - CENTRE WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council of April 11, 1995, recommending approval of Submission No. S 7/95 - Edon Developments - Be Ratified and Confirmed." Submission Nos. S 5/95 and S 6/95 dealt with under Delegations. Tenders Dealt with under Delegations. Proclamations Dealt with under Delegations. COUNCIL MINUTES MAY 8, 1995 -219 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 9. Asbestos Management Report It was resolved: "That we proceed to implement the recommendations contained in the Asbestos Management Report prepared by Couch & Associates Consultants Inc. Further, that the total implementation cost of $122,491. be prorated against the capital budgets of the affected facilities and that the specific funding be found through a reallocation of existing 1995 capital funding from the affected City facilities. And further, that we continue to engage the services of Couch & Associates Consultants Inc. to ensure compliance with Regulation 838 through the removal phase as prescribed by the Regulation." 10. Council's Appointment to Reqional Projects/Study Teams for 1995 MAY 8, 1995 COUNCIL MINUTES - ~0- CITY OF KITCHENER COUNCIL MINUTES MAY 8, 1995 CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL The Committee was in receipt of correspondence from the Regional Municipality of Waterloo, outlining a resolution passed by Regional Council on April 27, 1995, inviting participation by Councillors on various 1995 Regional Study Teams. Members of Council were asked to advise the City Clerk if they wish to participate on any of the Teams so that he may in turn advise the Regional Clerk. 11. Hotdoq Cart - CENTRE WARD It was resolved: "That City Council refuse a request from Rita Couto, owner of Sol-Mar Restaurant Inc., to extend her restaurant licence to permit the operation of a hotdog cart on the sidewalk in front of her restaurant located at 323 King Street West for the 1995 season." 12. Kiwanis Kavaliers - Monte Carlo Event The Committee was in receipt of a report and recommendation from Mrs. J. Koppeser, Manager of Licensing, dated May 8, 1995. It was resolved: "That City Council's April 10, 1995 resolution relative to the Kiwanis Kavaliers Drum & Bugle Corp's Monte Carlo event at the Holiday Inn on May 26-28, 1995 be rescinded and the following substituted therefor: '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 Howard Johnson, 1333 Weber Street East, Kitchener on May 26-28, 1995, inclusive."' 13. Biq Brothers of Kitchener-Waterloo - Monster Binqo & Nevada Tickets The Committee was in receipt of a memorandum from Mrs. J. Koppeser, Manager of Licensing, dated May 8, 1995. It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Big Brothers of Kitchener-Waterloo to hold a Monster Bingo event and, further, to sell Nevada Tickets at the Kitchener Memorial Auditorium Complex, Kitchener on October 9, 1995."