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HomeMy WebLinkAboutCouncil Minutes - 1995-05-23COUNCIL\1995-05-23 MAY 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 the Suddaby Public School Kodaly Choir. Councillor K. Redman thanked the Choir for their outstanding rendition of the National Anthem. On motion by Councillor M. Wagner, the minutes of the regular meeting held May 8, 1995 and the special meetings held May 8 and 15, 1995, as mailed to the Mayor and Councillors, were accepted. 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, as well as the recommendation with regard to tender T95-42 - Victoria Park Boathouse Renovations, contained in his May 19th memorandum circulated this date. No questions were forthcoming. Moved by Councillor G. Lorentz Seconded by Councillor M. Wagner "That tender T95-28, Ready Mix Concrete, be awarded to Cross Country Concrete Ont. Ltd., Heidelberg, Ontario at their tendered price of $106,577.50, plus G.S.T. and P.S.T." - and - "That tender T95-25, 26,308 kg (58,000 lb.) G.V.W. Tandem Rear Wheel Conventional Cab & Chassis and Combination Catchbasin Cleaner, Sewer Cleaner and Jet Rodder, be awarded to Joe Johnson Equipment Inc., Barrie, Ontario at their tendered price of $224,433., plus options, G.S.T. & P.S.T and less $38,000. trade in of our 1987 jet rodder." -and- "That tender T95-42, Victoria Park Boathouse Renovations, be awarded to Wilson-Moore Construction Limited, Waterloo, at their tendered price of $83,500, plus G.S.T." Carried. Mr. Fred Standeven, President and Ms. Jane Falconer, General Manager, Kitchener-Waterloo Area Visitor & Convention Bureau, appeared as delegations to make a presentation to City Council. Mr. Standeven advised their purpose was to provide an overview of the Visitor & Convention Bureau activities relative to their mandate which is to promote the area with the variety of tourist packages. He commented on objectives of the Bureau in its role of seeking out opportunities, assisting in job creation, acting as facilitator and advisor to members and pro-actively participating with all levels of government. Ms. J. Falconer advised that she would inform Council of a few things the Bureau was involved in, in concert with the Canadian Tourist Research Institute. She referred to a software package which they were able to take advantage of and also to a 30 second commercial for a T.V. ad campaign that was done in 1994. Two short videos were shown, the first illustrating the friendly people of Kitchener- Waterloo and the second advertising aspects of the Bingeman Park operation. She explained how the cost of the videos was financed and that it was anticipated 2,000,000 viewers would see the promotion this year, noting that there would be a two pages in a Fox television guide distributed in the United States. She distributed a guide to the Kitchener-Waterloo area entitled "Catch the Friendly Feeling" that was the subject of target distribution in 170,000 copies of the Toronto Star recently. She asked that Councillors when attending out-of-town functions, take a supply of these area guides with them. In response to Councillor M. Wagner, she advised that enquiries by visitors were tracked as to determine how they became aware of the City as a destination in order to better target future advertising dollar expenditures. Messrs. John Melo, Sol-Mar Restaurant, 323 King Street West, and David Knipfel, appeared as delegations regarding Council's May 8 resolution refusing a request for extension of a restaurant licence to permit the operation of a hotdog cart on the sidewalk in front of the Sol-Mar Restaurant, for the 1995 season. It was noted in the agenda material that the delegation had arrived late at the May 8 Council meeting, failed to register with respect to the issue and that Council not knowing of their presence had passed the staff recommendation. Mr. Knipfel advised that they had just received a letter dated today which also had been distributed to Council members and referred to a notation in that letter about a letter dated January 24, 1995 from the MAY 23, 1995 COUNCIL MINUTES - 235- CITY OF KITCI:IENER Manager of Licensing, which addresses a number of problems. He stated that they never did find out what the nature of the problems were until today nor did they ever receive anything in writing. He advised that a hotdog cart had been operated since 1992 with no problems, other than the most recent misunderstandings. Mayor R. Christy questioned Mr. Melo how he had reacted to the January 24 letter from the Manager of Licensing and Mr. Melo advised that he had moved his cart immediately. He also advised that he does not sub-contract the operation of the hotdog cart and has employed one staff member for this purpose since June, 1994. Mr. Melo responded to several questions from Councillor J. Ziegler noting that Health and Fire Regulations had been met, the hotdog cart was the sole operation of Sol-Mar Restaurant Inc. and that in one instance the cart had been left overnight outside the restaurant. He advised that in future the cart would be taken home every night, or left in the Sol-Mar parking lot. In response to Councillor G. Lorentz, Mr. Melo advised that he had never received any complaints from the Fire Department. Councillor M. Yantzi noted that there had been other complaints and Mr. Melo commented that while fights had taken place in the street outside the restaurant, they had nothing to do with the operation of his restaurant nor with the hotdog cart. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler That we waive Notice of Motion to reconsider Council's May 8 decision in which it refused to extend the restaurant licence of Sol-Mar Restaurant Inc. to permit the operation of a hotdog cart on a sidewalk in front of the restaurant at 323 King Street West for the 1995 season. Carried with the required two-thirds majority. Councillor Jake Smola requested to be recorded as being opposed to the recommendation. Moved by Councillor M. Yantzi Seconded by Councillor J. Ziegler That we reconsider Council's May 8 decision refusing extension of the restaurant licence of Sol- Mar Restaurant Inc. to permit the operation of a hotdog cart on the sidewalk in front of the restaurant at 323 King Street West for the 1995 season. Carried with the required two-thirds majority. A motion by Councillor J. Ziegler, seconded by Councillor T. Galloway was suggested to provide for granting of the necessary approval subject to review after two months and again after another two months of operation. Councillor Jake Smola questioned what the criteria for evaluation of the operation would be after expiration of the two-month periods. Councillor Jake Smola also questioned what the penalty would be for operating a hotdog cart without a licence and Mr. J. Shivas advised that a summary offence would apply but he was not sure of the amount of the fine. Councillor Jake Smola questioned why the City should consider granting the request and recommended that the operator not be given any approval in this regard for one year. Councillor G. Lorentz stated that he could approve the extension of the licence and that if there were violations Council should immediately retract its approval. Councillor T. Galloway commented that Sol-Mar Restaurant Inc. has undertaken substantial upgrade of its property and suggested approval could be given if they conform to all standards to which they have indicated they will comply. Councillor K. Redman questioned what would happen if the restaurant did not comply with the licence extension. Mr. J. Shivas advised that retracting the licence extension would necessitate a formal hearing by Council in which it would consider the merits of the issue and make a judgement whether or not to revoke the licence extension. He pointed out that any licensee would be treated in this way. Councillor Redman advised that she would support the licence extension on the belief that the operators would comply with all regulations and if not, Council will deal with complaints. Councillor Jake Smola questioned why the City had not adopted a set fine approach to violations. Mr. J. Shivas advised that staff are investigating set fines in order to make enforcement easier and more direct. However, he pointed out that there could be a number of offences in situations such as the Sol-Mar issue that technically involve many issues. Councillor Jake Smola questioned when a report would be forthcoming on the set fine issue and Mr. J. Shivas advised that a long procedure was required to establish set fines but that he could make some recommendations to Council in this regard. COUNCIL MINUTES MAY 23, 1995 - 236- CITY OF KITCI:IENER Moved by Councillor J. Ziegler Seconded by Councillor K. Redman That we approve 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 by means of an encroachment agreement entered into between Sol-Mar Restaurant Inc. and the City of Kitchener. Carried. Councillor Jake Smola requested to be recorded in opposition to the resolution. Mayor R. Christy asked that staff undertake to clarify their expectations in order to fully inform Sol-Mar Restaurant Inc. of operational regulations. Ms. Linda O'Krafka, Program Director, King Belmont Neighbourhood Association appeared as a delegation in regard to the Festival of Neighbourhoods Celebrations to request that the charge for setup of barricades on Walter Street, be waived. She pointed out that the Neighbourhood Association was an amalgamation of the former Cherry Park and K-W Hospital Neighbourhood Associations. In regard to the event, road closures were planned for the intersection of Agnes/Walter Streets and Glasgow/walter Streets, but that they would be subject to a fee for setup of the barricades by staff. Mr. D. Snow advised that the event was not the same as a normal street party on a minor road since the street affected is heavily travelled with through traffic and it was his view that staff should setup the necessary road closures rather than allowing the residents to do it. He did agree that once the event was completed the residents could remove the barricades. Moved by Councillor M. Yantzi Seconded by Councillor M. Wagner That we approve a grant in the amount of $150 relative to the erection by City staff of barricades on the portion of Walter Street bounded by Agnes and Glasgow Streets between 12 noon and 6 p.m. on June 3, 1995 in connection with the King Belmont Neighbourhood Association's celebration as part of the City's "Festival of Neighbourhoods" Program. Carried. Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, appeared as a delegation in regard to staff recommendations relating to the Pioneer Tower Sewage Pumping Station and Forcemain as referenced within clause 6 of the Public Works & Transportation Committee report of this date. Clause 6 recommends that approval of the preferred sanitary sewer scheme for the Pioneer Tower West Community be deferred and referred to the public meeting which will be held as part of the planning process for this area. Councillor T. Galloway recommended that the issue be referred back to the Public Works & Transportation Committee and that at that time he would propose approval by the Committee. Mr. P. Britton agreed with the deferral and referral back to the Public Works & Transportation Committee for full discussion. Moved by Councillor John Smola Seconded by Councillor M. Wagner That clause 6 of the Public Works & Transportation Committee report of this date be referred to the May 29, 1995 meeting of the Public Works & Transportation Committee. Carried. Moved by Councillor John Smola Seconded by Councillor J. Ziegler COUNCIL MINUTES MAY 23, 1995 - 237- CITY OF KITCI:IENER That Mr. Steve Gyorffy be appointed Assistant General Manager of the Public Works and Utilities Department. Carried. 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 (May 1, 1995 Meeting). Mayor R. Christy commented that Council had already endorsed action with respect to two of the initiatives outlined in the resolution. Councillor M. Yantzi stressed that the City was not committing money to the initiatives, but simply endorsing them and suggested that stronger acknowledgement should be outlined as they are community driven projects. On motion by Councillor B. Vrbanovic seconded by Councillor M. Yantzi, clause 1 was amended so as to clearly state, "that funding is not committed by Council through this endorsement". The report, as amended, was then put to a vote and Carried. 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 (May 15, 1995 Meeting). Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway That the report of the Community Services Committee of this date be adopted. Councillor J. Ziegler suggested that the effects of clause 2 should be analyzed after implementation. On motion by Councillor J. Ziegler, seconded by Councillor T. Galloway, clause 2 was amended to provide that the Community Services Committee consider a report following 1996 spring registration analyzing the effects of the program. Councillor T. Galloway disclosed a pecuniary conflict of interest and abstained from all discussion and voting with respect to clause 3 as he is employed by the Kitchener Rangers Hockey Club to operate the game timer at the auditorium. Councillor John Smola referred to clause 5 of the report noting that Council was in receipt of a letter dated May 23, 1995 from Mr. J. Gazzola outlining the debt and interest charges from 1991 with respect to the Kitchener Junior 'B' Dutchman Hockey Team. He noted that a number of years ago, the team owed as much as $60,000 at one point and has since organized its affairs in such a way that it has been able to repay much of that debt. Councillor G. Lorentz pointed out that the team hopes to pay off the debt entirely within a three year period rather than five years. Councillor M. Yantzi indicated he was in support of the recommendation but was of the view the interest rate was too high. On motion by Councillor John Smola, seconded by Councillor M. Yantzi, clause 5 was amended so as to provide that $3,008.45 amount owing for the period April 1, 1994 to April 30, 1995 be entirely offset by a grant from the City. Councillor K. Redman questioned clause 6 and Mr. T. McKay advised that following discussions there was general support to the grant arrangement and Mr. E. Kovacs indicated that Kitchener Utilities was prepared to act in a sponsorship role. On motion by Councillor K. Redman, seconded by Councillor B. Vrbanovic, clause 6 was amended so as to provide for approval in the form of a corporate sponsorship by Kitchener Utilities. The report was then put to a vote. MAY 23, 1995 COUNCIL MINUTES - 238- CITY OF KITCI:IENER Voted on clause by clause. Clauses 2, 5 & 6 - Carried, as amended. Clause 3 - Carried. Balance of report - Carried. Conflict of interest and abstention: Clause 3 - Councillor T. Galloway as he is employed by the Kitchener Rangers Hockey Team to operate the sports timer at the auditorium. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner That the report of the Finance and Administration Committee of this date be adopted. In reference to clause 2, Mayor R. Christy advised that there was general agreement that upgrading of outdoor patio operations was required and there was also agreement that anything that the merchants were doing needs to complement the activities of the City with respect to making the downtown more appealing. Councillor G. Lorentz noted that clause 8 was referred to the meeting this date for consideration and action. In this regard, on motion by Councillor G. Lorentz, seconded by Councillor J. Ziegler, clause 8 was amended to provide that no action be taken on the request from the Central Ontario Exhibition. The report was then put to a vote. Voted on clause by clause. Clause 5 - Carried. Clause 8 - Carried, as amended. Balance of report - Carried. Councillor Jake Smola requested to be recorded as still being opposed to clause 5. Moved by Councillor M. Wagner Seconded by Councillor T. Galloway That the report of the Local Architectural Conservation Advisory Committee of this date be adopted. 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. In reference to clause 3 it was noted that details regarding the Scott Street market had been dealt with at the special Council meeting held on May 16, 1995. Mayor R. Christy questioned clause 5 in regards to the portable railing and Mr. T. McKay advised that only the anchors for such portable railing would be installed at this time and following further analysis a decision could be made whether or not to actually utilize the portable railings. Councillor Jake Smola referred to clause 7 which deals with accessibility relative to the transit system and pointed out that most transit shelters were not wheel-chair accessible and questioned if staff could inventory the locations. Mr. W. Beck advised that staff could provide the data in this regard. The report was then put to a vote. COUNCIL MINUTES MAY 23, 1995 - 239- CITY OF KITCI:IENER Voted on clause by clause. Clause 6 - Dealt with under Delegations and referred to May 29, 1995 meeting of the Public Works & Transportation Committee. Balance of report - Carried. Councillor G. Lorentz advised that he was in receipt of correspondence from employees at the Strasburg facility with respect to a flagpole installation. In this regard, he suggested that staff report on the number of City buildings not having flagpoles and the estimated cost to install them. Moved by Councillor G. Lorentz Seconded by Councillor J. Ziegler That staff be requested to prepare a report detailing the number of City building facilities that do not have flagpoles and the estimated cost to provide same including an implementation schedule. Carried. Council was in receipt of a letter dated May 18, 1995 from Mr. J. Witmer and May 19, 1995 from L. Myers, Mayor, Township of Wilmot, relative to the Township requesting the services of Kitchener's Chief Building Official and a Plan Examiner/Building Inspector to assist in the enforcement of the Ontario Building Code Act and Regulations until the hiring of a new Chief Building Official for the Township by late June/early July 1995. Councillor J. Ziegler stated that there should be a proportionate sharing of the cost of Mr. Witmer's time in providing overall supervision. Mr. Witmer stated that it was anticipated that his time would be minimal. Further, he noted that the Township has its own insurance relative to the activities of building officials. Councillor J. Ziegler suggested that as part of the agreement it should be clear that the Township was assuming all liabilities relative to the activities of the building officials whom it was engaging. Moved by Councillor John Smola Seconded by Councillor J. Ziegler That we consent to the request of the Township of Wilmot for the services of Kitchener's Chief Building Official and a Plan Examiner/Building Inspector pending the Township filling a vacancy in this regard as outlined in correspondence dated May 19, 1995 from Mayor L. Myers, and further, That the Mayor and Clerk be authorized to execute any necessary documentation with respect to this arrangement under the Building Code Act. Carried. Councillor T. Galloway stated that again advertising signs were proliferating on City boulevards and that in fact these signs were now covering many products and many of them were becoming more permanent by their quality. He suggested it was time the City took action, otherwise the problem will mushroom. He asked that the matter be discussed at the next Public Works & Transportation Committee meeting to see if staff could put a strategy together to address the problem. Mayor R. Christy advised that a meeting was being held on June 6 with downtown night club owners at which time it would be pointed out that their advertising activities were costing the City money in terms of cleanup and removal of advertising signs placed on city property or utility poles. Mr. T. McKay advised that in 1988 City Council had given direction to staff to remove advertising signs placed on boulevards. He stated that direction was needed regarding signs placed on utility poles and pointed out that if City staff were constantly stopping to remove them, it would be disruptive to their work routine. Councillor Jake Smola suggested that if the City could not prohibit signs on boulevards perhaps it could arrange for rental and regulation of their placement. Mr. J. Shivas commented that he did not think the City could rent such space. With respect to utility poles, he suggested that power washing in the downtown was the only option. Councillor J. Ziegler stated that many of the new signs being placed on utility poles were in fact broadening the width of the pole and that many of the boulevard signs were nothing more than litter. It was agreed that Mr. J. Shivas would provide Council with an immediate report that would suggest a strategy to deal with the proliferation of these advertising signs. COUNCIL MINUTES MAY 23, 1995 - 240- CITY OF KITCI:IENER Moved by Councillor G. Lorentz Seconded by Councillor K. Redman That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to close and sell Part of Woolner Drive shown as Parts 1 & 2, Reference Plan 58R-9686 in the City of Kitchener (b) Being a by-law to exempt a certain lot from Part Lot Control - Lot 5, Registered Plan 1791 - Westmeadow Drive (c) Being a by-law to renumber a certain property and premises on Brunswick Avenue in the City of Kitchener (d) Being a by-law to amend By-law 85-1 - Golden Triangle Oils Ltd. - Kingswood Drive - No. 94/19/K/PMC (e) Being a by-law to amend By-law 85-1 - Anne Rogers - Bankside Drive - No. 94/13/B/PMC (f) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (g) 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 (h) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole. Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor M. Wagner as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor M. Wagner Seconded by Councillor Jake Smola That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of the Committee of the Whole held this date, as attached hereto and forming part of these minutes are hereby adopted and confirmed. Carried. Moved by Councillor G. Lorentz Seconded by Councillor K. Redman That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to exempt a certain lot from Part Lot Control - Lot 5, Registered Plan 1791 - Westmeadow Drive (By-law No. 95-77) (b) Being a by-law to renumber a certain property and premises on Brunswick Avenue in the City of Kitchener (By-law No. 95-78) (c) Being a by-law to amend By-law 85-1 - Golden Triangle Oils Ltd. - Kingswood Drive - No. 94/19/K/PMC MAY 23, 1995 COUNCIL MINUTES -241- CITY OF KITCI:IENER (d) (e) (f) (g) (By-law No. 95-79) Being a by-law to amend By-law 85-1 - Anne Rogers - Bankside Drive - No.g4/13/B/PMC (By-law No. 95-80) To further amend By-law No. 88-169, being a by-law to regulate, supervise and govern the parking of vehicles on municipal off-street parking facilities (By-law No. 95-81) 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. 95-82) To confirm all actions and proceedings of the Council (By-law No. 95-83) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (MAY 1, 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 further, That Council endorse the same on the basis that these are Community driven projects with the understanding that funding is not committed by Council through this endorsement. (As Amended). PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (MAY 15, 1995) That Council approve, without conditions, Renovation and Repair application RR/95/001 under the Rental Housing and Protection Act, which will allow the loss of one rental unit through renovations at 97 Courtland Avenue East. It is the opinion of this Committee that approval of this application is proper planning for the City. That Zone Change Application 94/20/H/JG (Don and Georgina Oakes), 1084 Hidden Valley Road, requesting a change in zoning from Residential One (R-l) with holding provision 11h to Residential One (R-l) with special use provision 208 on Lot 2, Registrar's Compiled Plan, be approved in the form shown in the proposed By-law attached, dated March 27, 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 Official Plan. That Council approve Rental Housing Protection Act application DE/95/001 for the demolition of the apartment building and single detached dwelling located at 10 & 20 Spetz Street subject to the Owner complying with section 105 of the Landlord and Tenant Act, R.S.O. 1990. c. L.7, as amended. The issuance of the 120 Day Notice of Termination of the Tenancy Agreement shall not be sooner than the date of Council's approval of the Owner's application under the Rental Housing Protection Act. It is the opinion of this Committee that approval of this application is proper planning for the City. That Demolition Control Application DC 95/1/S/RM (Gordon & Catherine Mackay) requesting approval for the demolition of a five unit apartment building and a single detached dwelling with three units located at 10 and 20 Spetz Street legally described as Part Lot 4, Plan 364 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Kitchener City Council requests Regional Council to defer rather than refer the referral requests of Krizsanderson Developments Limited and J.H.S. Properties Inc. as outlined in their letters of May 5, and May 9, 1995 respectively. COMMUNITY SERVICES COMMITTEE - 1. That staff from the Seniors Division of the Parks and Recreation Department co-ordinate the June 1996 District Senior Games. That the Parks and Recreation Department implement a "SMART" program in conjunction with a non-resident surcharge of 25%, to be levied on all aquatic program registrations by non-Kitchener residents/taxpayers at any City of Kitchener aquatic facility, effective June 1, 1995; and further That the fees for the "SMART" program, for 1995, be as follows: Child/Senior - $16.15, Adult - $38.60 and Family - $112.00, and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) 2. (Cont'd) That the Community Services Committee consider a report, which staff are requested to prepare following 1996 spring registration, that analyzes: who used the "SMART" Program, numbers of non- residents paying the surcharge totals, and detailing the number of people/revenues by category utilizing the "SMART" Program. (As Amended). COUNCIL MINUTES MAY ~3, 1995 - ~43- CITY OF KITCHENER COUNCIL MINUTES MAY 23, 1995 - 243- CITY OF KITCIIENER REPORTS ADOPTED BY COUNCIL That we enter into a five (5) year agreement, ending March 31, 2000, with the Kitchener-Waterloo Record, for display advertising on Sportstimers at Centennial Stadium and Jack Couch Park; and further That the Kitchener-Waterloo Record pay the City of Kitchener $1,500.00 per Sportstimer for a total of $3,000.00 per year. 4. That we approve the following financial arrangement relative to the Kitchener Dutchmen Junior B Hockey Club payment for facility use in 1995/96 and payment of its accumulated debt: a) That the Hockey Club agrees to pay the Kitchener Memorial Auditorium Complex $2,000.00 monthly against its 1995/96 facility costs, commencing on June 1, 1995 through to April 1, 1996 with a final balance payment made by May 1, 1996; b) That the Hockey Club agrees to remit C.R.F. revenues at the end of each month, beginning September 30, 1995, through to the conclusion of post season place; c) That the Hockey Club agrees to pay the Kitchener Memorial Auditorium Complex for the cost of one part-time event supervisor calculated at $40.00 per game; d) That the Hockey Club agrees to pay the Kitchener Memorial Auditorium Complex a minimum of $500.00 per game or 25% of the gross gate receipts, which ever is greater, as rent, beginning with the third play-off round, after deducting C.R.F. taxes, O.H.A. share and the visiting teams share in the deciding game of a series; e) That the Hockey Club agrees to repay its accumulated debt to the City no later than July 1, 1999, by paying a minimum of $10,000.00 annually; and further f) That the interest rate for the Hockey Club debt be calculated at Prime less 2% commencing April 1, 1995 until the debt is retired. 5. That the interest rate on the debt of the Kitchener Dutchmen Junior B Hockey Club be calculated at Prime less 2% for the period April 1, 1994 to March 31, 1995, and further, That the $3,008.45 amount owing for the period April 1, 1994 to April 30, 1995, outlined in the letter dated May 23, 1995 from Mr. J. Gazzola, be entirely offset by a grant from the City. (As Amended). That the request of the Kitchener Downtown Business Association for a combined in-kind and cash grant totalling $4,600.00 for the 1995 Countdown to Canada Day Celebration be approved in the form of a corporate sponsorship by Kitchener Utilities. (As Amended). FINANCE AND ADMINISTRATION COMMITTEE - That pursuant to the Council resolution of May 8, 1995 concerning approval of the 1995 Sidewalk Patio Encroachment Agreements, Council be advised that the Finance and Administration Committee has no objections at this time to the aesthetic appearance of the patios proposed at the following locations: Especially Coffee (10 King Street East); Sports Cafe (102 King Street West); Dandys Restaurant (85 King Street West); Big City Donuts (24 Gaukel Street); Slices Restaurant (300 King MAY 23, 1995 COUNCIL MINUTES - 244 - CITY OF KITCHENER COUNCIL MINUTES MAY 93, 1995 - 944- CITY OF KITCIIENER REPORTS ADOPTED BY COUNCIL Street West); and, Stages (312 King Street West). That relative to the use of the City sidewalk for outdoor patios, the proponents be asked to voluntarily comply in making their premises as appealing as possible, and be advised that the appearance of the outdoor patios will be assessed during the course of the 1995 season and be revisited before approval of any 1996 encroachment agreements, and further, That a committee to include Councillor M. Yantzi, the Vice-Chair of the Downtown Action Committee and the Executive Director of the Kitchener Downtown Business Association be formed to carry out the above patio assessments and make any appropriate recommendations. That the Mayor and Clerk be authorized to execute an agreement with the Kitchener-Waterloo and North Waterloo Humane Society for the provision of animal control and pound services for the Corporation of the City of Kitchener for a three year period effective the first day of October, 1994. That the City of Kitchener accepts the offer from Hurox Holdings Limited to purchase 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, Plan 58R-6355, in exchange for a vacant landlocked parcel of land of approximately 3 acres to be transferred at no cost and free of encumbrance to the City, described as Part of Part 1, W.D.R. # 226. That Council waive the tendering requirements and purchase one additional Triple Combination Fire Pumper from Superior Emergency Vehicles Limited, Red Deer, Alberta at the negotiated price of $422,450.00. That concerning the sale of flowers from a cart in the downtown by Street Heart Roses (W. Sovari) for a one year trial period, and notwithstanding the selection criteria relative to awarding locations, the vendor be extended an opportunity to choose from one of the following three locations at a fee of $1,176.00: King Street West and Water Street (sidewalk at the southwest corner); 200 King Street West (sidewalk on either side of the reflecting pool); 127 King Street West (sidewalk in front of this address), and further, That the above be conditional upon the flower cart/stand being owner operated and the applicant submitting proof of Public Liability Insurance in the amount of $1,000,000 listing the Region of Waterloo and the Corporation of the City of Kitchener as additional insureds. That the Artsfest event scheduled for June 1, 2 and 3, 1995 be designated as a Retail Exhibition requiring one licence application form and a complete list of vendors as well as a nominal licence fee of $1.00. That no action be taken on the request from the Central Ontario Exhibition that Council waive or reduce the licence fee to operate an Amusement Arcade within the Auditorium Complex during the Exhibition. (As Amended). That the closing of Chopin Road during an upcoming fireworks display on May 22, 1995 be at no cost to the Victoria Hills Neighbourhood Association. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - 1. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 181 Park Street and the MAY 23, 1995 COUNCIL MINUTES -245- CITY OF KITCHENER COUNCIL MINUTES MAY ~3, 1995 - ~45- CITY OF KITCIIENER REPORTS ADOPTED BY COUNCIL grant be used to fund the rebuilding of the roof returns and reshingling in new cedar, stripping the balcony roof and reshingling in new cedar, selective refurbishing of balcony railings including the replacement of four turned posts, stripping and resheathing the flat roof including flashing on the perimeter, repairing gable decoration, replacing decayed facia under the eaves trough and stripping the gable wall and reshingling with new cedar shingles, as outlined in the owner's application dated January 10, 1995; and That no action be taken on the request of the owner to fund the installation of new eaves troughs; and further That this approval be conditional upon the Province confirming its funding commitment, all reconstructed features being identical in all respects to the originals and all receipts/invoices being submitted to the Clerk's Division by April 30, 1996. That, pursuant to Section 33, of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property known municipally as 181 Park Street, Kitchener, as outlined in his Designated Heritage Property Alteration Application dated April 27, 1995, as considered by the Local Architectural Conservation Advisory Committee on May 12, 1995. That a Designated Property Grant under the Preserving Ontario's Architecture Program for 50% of eligible costs to a maximum of $3,000.00 be approved, in principle, for 163 Joseph Street, and the grant be used to fund the replacement of two facia boards on the upper south gable, one facia board on the south porch gable, and one facia board on the upper east gable, to rebuild the rear porch railings including spindles, to rebuild the front porch railings including spindles, and to rebuild the front porch floor, as outlined in the owner's application dated March 30, 1995; and That no action be taken on the request of the owner to install shingle moulding on the south gable or for the painting; and further That this approval be conditional upon the Province confirming its funding commitment, all reconstructed features being identical in all respects to existing originals and all receipts/invoices being submitted to the Clerk's Division by April 30, 1996. That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property known municipally as 163 Joseph Street, Kitchener, as outlined in his Designated Heritage Property Alteration Application, dated May 12, 1995 and considered by the Local Architectural Conservation Advisory Committee on May 12, 1995. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That an additional stop control be installed at the following location: Cameo Drive and Hofstetter Avenue, and further, That the Uniform Traffic By-law be amended accordingly. That Scott Street, between King Street and Weber Street, be reverted to two way traffic, and further, That the Uniform Traffic By-law 94-101 be amended accordingly. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 3. That the expenditure of $15,000.00 required to effect the reversion of Scott Street, between King MAY 23, 1995 COUNCIL MINUTES -246- CITY OF KITCHENER COUNCIL MINUTES MAY 23, 1995 - 246- CITY OF KITCIIENER REPORTS ADOPTED BY COUNCIL Street and Weber Street, to two way traffic and the charging of this amount to the Downtown Revitalization Account, be deferred and referred to the special meeting of City Council to be held on May 16, 1995. That the City of Kitchener enter into an agreement with the Ministry of Transportation for the electronic transfer of data which is required to process unpaid Parking Infraction Notices, and further, That the Mayor and Clerk be authorized to execute an agreement satisfactory to the City Solicitor with the Ministry of Transportation with respect to this agreement. That a pedestrian crossing facility be provided on the west leg of King Street at Gaukel Street, and further, That a portable railing be installed on the north side of King Street opposite Gaukel Street. That approval of the preferred sanitary servicing scheme for the Pioneer Tower West Community be deferred and referred to the public meeting which will be held as part of the planning process for this area. (Dealt with under delegations and referred to May 29, 1995 meeting of the Public Works and Transportation Committee) That the Cities of Kitchener and Waterloo undertake a Community Low Floor Bus Demonstration program to test various mobility device securement and non-securement systems over a minimum 9 to 12 month demonstration period, and further, That the Cities of Kitchener and Waterloo re-allocate operating costs of up to $84,000.00 over the 1995 and 1996 demonstration period, and further, That the Ministry of Transportation of Ontario be requested to contribute up to $212,550.00 of the estimated demonstration costs and revenues as identified in Table 2 of this report, and further, That the consultant tendering process be utilized regarding this project, and further, That the City of Kitchener appoint Councillor John Smola as their Council representative to the Accessibility Implementation Plan Committee and request the City of Waterloo to appoint a similar Council representative. That Council approve, before May 24, 1995, the purchase of 23 Iow floor coaches from New Flyer Industries at the lowest tendered price of $301,676.00 each plus $2,200.00 each for optional heater motors for a total of $303,879.00 each complete to Specification CKF-33, as presented, and further, That the Council of the City of Kitchener pursue a 75% level of subsidy funding, as opposed to 50%, from the Ministry of Transportation towards the purchase and installation of the C.N.G. refuelling station at Kitchener Transit. Further, that upon acquiring the desired subsidy funding, Council approve the installation of C.N.G. engines in the 1995-96 bus order of 25 coaches previously approved from New Flyer Industries no later than August 10, 1995, and further, That the City of Kitchener actively pursue politically the possibility of receiving increased funding for natural gas buses with representatives of the Ministry of Transportation and the Ministry of Environment. COUNCIL MINUTES MAY 23, 1995 -247 - 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. Hydro Easements - CENTRE WARD The Committee was in receipt of staff recommendations wherein the City would accept offers from property owners to transfer easements for the benefit of the Hydro Electric Commission of Kitchener-Waterloo. Councillor T. Galloway questioned if it was the City's responsibility to secure and pay for an easement for the benefit of the Hydro Electric Commission and if this was normal procedure. Mr. J. Shivas advised that he was not certain that this was usual procedure and that he would like the opportunity to investigate in order to see if these easements could be conveyed directly. On motion by Councillor T. Galloway, it was resolved: "That consideration of acceptance of offers relative to Hydro easements affecting properties at 56 Weber Street West and the St. Mary's Roman Catholic Secondary School, be deferred and referred to the City Solicitor for further investigation as to whether the easements could be conveyed directly." 2. Enqineerinq Aqreement - STANLEY PARK AND CHICOPEE WARDS It was resolved: "That the Mayor and Clerk be authorized to execute an agreement for the provision of professional engineering services made between the City of Kitchener and MTE Consultants Inc., regarding Forwell Subdivision, 30T-89003." 3. Licenses It was resolved: "That the Optimist Club of Twin Cities, Waterloo Region, Waterloo, N2J 4T9, be granted permission to operate Refreshment Stands at the Zehr's Hiway Centre, Kitchener on May 25-28, 1995, inclusive and June 15-17, 1995 inclusive, provided that the necessary licences are obtained." -and- "That the KW Hospital, 835 King Street West, Kitchener, be granted permission to operate a charitable refreshment stand and beer garden on June 17, 1995, provided that the necessary Licence and Health and Fire approvals and liquor licence are obtained." -and- "That the 4th Annual Canadian Open Drum & Bugle Corps Championship competition and all activities connected therewith, to be held at Centennial Stadium on August 2, 1995, be considered a 'Community Festival' within Kitchener for the purposes of obtaining a liquor licence." -and- COUNCIL MINUTES MAY 23, 1995 - 248- CITY OF KITCHENER COUNCIL MINUTES MAY 93, 1995 - 948- CITY OF KITCIIENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES MAY 23, 1995 -248 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Licenses (Cont'd) "That Oscar's Amusement Co., Kitchener, be granted permission to operate a refreshment stand in downtown Kitchener, on King Street during the Sidewalk Sale, on July 6, 7 and 8, 1995, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the King-Belmont Neighbourhood Association in Kitchener, be granted permission to operate a charitable refreshment stand, outdoors in the playground on Walter Street on June 3, 1995, provided that the necessary Licence and Health and Fire approvals are obtained." -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 the Howard Johnson's, 1333 Weber Street East, Kitchener, on October 6-8, 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 the Holiday Inn, 30 Fairway Road North, Kitchener, on July 13-15, 1995, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Regional REACT, PO Box 41005, Waterloo, Ontario, N2K 3T5 to conduct a Monte Carlo event at Golf's Steakhouse, 598-600 Lancaster Street West, Kitchener, on July 3-5, 1995 inclusive." -and- "That Ms. Mary Patricia Kelly, 73 Devonglen Drive, Kitchener, N2E lZ6, be granted a Massagist and Body Rub Parlour licence for the year 1995." 4. Committee of Adjustment Variance - STANLEY PARK WARD It was resolved: "That the decision of the Committee of Adjustment, sitting as a Standing Committee of City Council, of May 2, 1995, recommending approval of Submission No. F 1/95 - John & Patricia Henderson - Be Ratified and Confirmed." 5. Tenders MAY 23, 1995 COUNCIL MINUTES -249- CITY OF KITCHENER COUNCIL MINUTES MAY 93, 1995 - 949- CITY OF KITCIIENER REPORTS ADOPTED BY COUNCIL The tenders as listed on the Committee of the Whole agenda, as well as an additional tender recommendation submitted this date were considered under Delegations. Consent to Transfer - 55 Shoemaker Street The Committee was in receipt of a memorandum from Mr. J. Shivas advising that pursuant to restrictions in the original deed from the City with regard to 55 Shoemaker Street, the City has been requested to provide its consent to a transfer. Details of the current status of the property were documented in the memorandum. COUNCIL MINUTES MAY 23, 1995 -249 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 6. Consent to Transfer - 55 Shoemaker Street (Cont'd) It was resolved: "That with respect to the property described as Part 1 on Reference Plan 58R-5396 and municipally known as 55 Shoemaker Street, the City: 1) consents to a transfer by Instrument No.884472 from Peter McEwan and Richard Long to Peter McEwan, Charles McEwan and Richard Long, a mortgage registered as Instrument No.1019274 from Peter McEwan, Charles McEwan and Richard Long to Canadian Foresters Life Insurance Society and an assignment of that mortgage registered as Instrument No. 1124574 to The Independent Order of Foresters; 2) confirms that the said property complies on May 23, 1995 with the restrictive covenants set out in Instrument No.879360; and 3) authorizes the Mayor and Clerk to execute a Quit Claim Deed releasing all rights of the City contained in paragraph 2 of the Schedule to Instrument No.879360 provided that the landscaping required by paragraph 1.(b) and the grading, including the retaining wall, required by paragraph 4, is completed to the satisfaction of the City's Chief Building Official by July 23, 1995."