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HomeMy WebLinkAboutCouncil Minutes - 1995-07-04COUNCIL\1995-07-04 J U LY 4, 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 playing of "O Canada" by the Church of Jesus Christ of Latter Day Saints Choir under the direction of Mr. Russell Doig. Mayor R. Christy thanked the Choir for their appearance this evening. On motion by Councillor G. Lorentz, the minutes of the regular meeting held June 19, 1995 and the special meeting held June 26, 1995, as mailed to the Mayor and Councillors, were accepted. Communications - N i I Mayor R. Christy advised that at this time presentations would be made to Conestoga College students and members of the Trade Unions in recognition of their participation in the old City Hall Clocktower Project. Mayor Christy assisted by Mr. B. Arnot, Mr. N. Johnston representing Conestoga College, Mr. J. Tibbits representing Conestoga College and Mr. Jerry Wilson, representing Trade Unions, made the presentations to representatives of the: - Bricklayers Union Members - Local 785 - Carpenters and Drywallers Union Members - Local 1916 - Construction Millwrights - IBEW Electricians' Union - Local 1824 - Glazers - Local 1081 - Labourers Union - Sheet Metal Workers Union Mr. T. Clancy, General Manager of the Parks & Recreation Department, commented that erection of the Clocktower from the old City Hall required considerable co-ordination behind the scenes given the voluntary nature of the effort. In this regard, he recognized the contributions of representatives from Kappeler Masonry, Sutherland-Schultz, the Manager of the Waterloo-Wellington Dufferin Construction Trades Council, Mr. Norm Johnston from Conestoga College and Mr. Laurier Proulx, Director of the Facilities Management Division of the City of Kitchener. Mayor R. Christy expressed thanks on behalf of City Council to all of the volunteers who contributed to the erection of the Clocktower in Victoria Park. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tender listed on the Committee of the Whole agenda this date. No questions were forthcoming. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That tender T95-38, Refurbishing of Fire Apparatus, be awarded to C-Max Transportation Equipment, Division of (Clare) Weber's Fabricating Ltd., St. Jacobs, Ontario, at their tendered price of $78,420., plus G.S.T." Carried. Mr. Doug Voll appeared as a delegation in support of clause 8 of the Planning and Economic Development Committee report as it relates to the changes proposed within the by-law relative to Iocational requirements for air-conditioners. Council was in receipt of a submission dated June 30, 1995 from Mr. Voll which itemizes events prior to acquisition and installation of an air-conditioner at his residence, particularly as it relates to consultation with his neighbour and with City staff. In particular, he focused on the following points: his neighbour had given consent to the location of the air-conditioner, incorrect information as to location was provided by City Zoning staff, it is a noise issue rather than a zoning issue and Planning staff have indicated only a few serious air-conditioner noise complaints are received annually. Mr. Voll pointed out that regardless of location no-one knows how much noise an air- conditioner will make until after it is installed and accordingly, the entire matter still comes down to a noise issue. In response to Councillor C. Weylie, Mr. Voll advised that he was willing to sit down with her and his neighbour to find a solution to his neighbour's complaint. Mr. Andrew McKay appeared as a delegation in respect to clause 8 of the Planning and Economic Development Committee report to request the existing by-law regulations relative to location of air- conditioners not be changed. He commented on the dialogue that took place with Mr. Voll respecting Mr. JULY 4, 1995 COUNCIL MINUTES - 293- CITY OF KITCHENER Voll's air-conditioner. He then pointed out that several rooms in his home were severely affected by the noise from the Voll's air-conditioner. Mr. McKay maintained it was more efficient to enforce requirements respecting air-conditioners under the Zoning By-law. Further, he commented on the noise complaint process which does not provide for City staff to witness the noise. In response to Councillor C. Weylie, Mr. McKay indicated his willingness to meet with her and Mr. Voll to try to resolve the problem. Mr. Udo Itaan also appeared as a delegation regarding clause 8 of the Planning & Economic Development Committee report respecting air-conditioner location and advised that he has the same problem as Mr. McKay. He advised that in July, 1994, he had registered a complaint with the City and as requested by City staff had talked to his neighbour and it had been agreed the City would file a complaint with the neighbour. He noted that subsequently, no action took place and then in June he was advised of the proposed changes to the by-law respecting location of air-conditioners. Mr. Itaan requested that the existing by-law regulations not be revised. He indicated that he had brought the matter to the attention of Councillor G. Lorentz and in this regard, Councillor Lorentz stated that he felt the problem was both a distance separation issue, as well as a noise problem. In response to Councillor G. Lorentz, Mr. T. McCabe explained the procedure undertaken to deal with noise complaints noting that while the City will lay a charge, it was necessary for the complainant to appear in Court to support the evidence. Councillor C. Weylie indicated that she had inspected the Voll air-conditioner and had heard the air- conditioner from inside of the McKay's residence and it was her view that the noise of the air-conditioner was in fact louder inside the McKay's residence than the noise between the houses. She suggested that given the seriousness of locating air-conditioners as it relates to sideyard distances, windows, and habitable rooms, that the matter be deferred and reviewed in more detail along with additional information being provided to the Committee with regard to noise levels and accepted standards. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler That clause 8 of the Planning and Economic Development Committee report be amended to defer consideration of the Zone Change only as it relates to location of air-conditioners to the August 14, 1995 Planning & Economic Development Committee meeting and to revise the proposed by-law dated May 30, 1995 to delete reference to Section 5.6(a) relating to air-conditioners. A discussion of the air-conditioning issue took place. Councillor J. Ziegler commented on the over-riding importance of distance separation as a means to control noise. Councillor M. Yantzi stated that if distance separation was removed from the zoning by-law, an effective mechanism must be developed in its place. Councillor Jake Smola raised concern relative to enforcement procedure to deal with noise complaints, particularly when City Hall is closed and suggested staff should be proposing how City by- laws could be enforced during off hours. Mr. T. McKay advised that a year ago discussions had taken place with the Police Department with regard to developing an enforcement process similar to that in the City of Waterloo. He indicated that the Police Department and the Legal Department have been requested to propose a new system by September 1995. He did note that the initiative dealt with all by- laws and not just the noise by-law. Councillor M. Wagner opposed revision of the current by-law and suggested documented decibel readings be obtained from air-conditioning manufacturers. Councillor G. Lorentz pointed out that residents were asking for a decision now, not deferral. He commented that the zoning was not the issue, as even with conformity to the zoning by-law, air-conditioners were still a noise problem. Councillor Lorentz favoured the practice of the City of Hamilton in utilizing available equipment to take noise measurement readings. Councillor T. Galloway supported deferral to investigate alternatives relating to distance requirements and noise measurement and favoured a similar approach as that of the City of Waterloo to enforcement. Mr. T. McCabe advised Council that the standard practice of staff would be not to pursue any charges while a review of by-law regulations was under active consideration. In view of this practice, Councillor K. Redman suggested that Planning staff mediate complaints and/or contact the ward Councillor for assistance. The motion previously introduced by Councillor C. Weylie respecting a portion of clause 8 of the Planning & Economic Development Committee report was then put to a vote and Carried. It was requested that in any revision to City by-laws respecting air-conditioners, consideration be given to inclusion of a clause in the by-law providing for an order to be issued for removal in case of unresolved JULY 4, 1995 COUNCIL MINUTES - ~94 - CITY OF KITCHENER complaints. Mr. Brent Clarkson, MacNaughton Hermsen Britton Clarkson, appeared as a delegation on behalf of clients located in the Gateway Business Park to support clause 7 of the Planning & Economic Development Committee report and request Council give three readings to the by-law listed on the agenda this date respecting Zone Change Application 95/13/G/CL. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi That clause 7 of the report of the Planning and Economic Development Committee of this be adopted. Carried. Messrs. Harold Soulis and Chad Krulicki appeared as delegations with respect to the Student Coffee House proposal in the downtown. Mr. Soulis thanked those who have helped with the project and listed individuals in this regard. He provided an overview of the status of the project firstly, by referring to a number of sources that have provided cash sponsorship donations and secondly, public relations issues and activities. He also noted that they have received assistance from restaurateurs and received various donations of furniture and equipment. Mr. C. Krulicki commented on the challenges they had faced during the last few months and requested that Council amend its resolution with respect to the date of the three month trial period. On the matter of their being under-age to enter into contracts, he advised that charitable organizations could not act on their behalf. He advised that they have developed an action plan for the Coffee House and proposed to have an adult execute contracts on their behalf until such time as they turn 18 next year when they could assume such responsibility. Further, he stated that they have distributed a signed agreement from their mentors stating their commitment to continue to help the proponents of the Coffee House. Mr. Mark Kemerer advised that the City's Legal Department supports Plan B for the proposal which involves having Mr. G. Soulis (father of Harold Soulis) signing the licence until April 1996. Moved by Councillor J. Ziegler Seconded by Councillor K. Redman That we endorse Plan B presented with respect to the Student Coffee House proposal and amend Council's earlier motion so as not to require a stated date for the beginning of the three month trial period of operation. 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. Voted on clause by clause. Clause 7 - Dealt with under delegations and Carried. Clause 8 - (1) Portion of the Zone Change dealing with air- conditioner location - dealt with delegations and recommendation revised to delete reference to section of the by-law relating to air-conditioners and consideration of this section deferred to the August 14, 1995 meeting of the Planning and Economic Development Committee for further consideration along with a request for detailed information on utilizing noise standards as part of enforcement policy. (2) Remainder of clause 8 - Carried. COUNCIL MINUTES JULY 4, 1995 - 295- CITY OF KITCI:IENER Balance of report - Carried. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway That the report of the Community Services Committee of this date be adopted. Carried. Councillor Jake Smola raised a question with regard to clause 1 and Mr. J. Hancock advised that everyone seemed to be supportive of the philosophy that the facility should be a Regional one and this should be accepted by the other municipalities. Councillor G. Lorentz advised that concerns have been raised with regard to clauses 4 & 5 regarding the City's ability to properly accept the archives of public companies. Mr. R.W. Pritchard commented that the wording of the resolution has raised concern with respect to the involvement of the General Services & City Clerk's Department and it was this issue that Councillors M. Wagner and T. Galloway addressed at the Committee meeting. The report was then put to a vote. Voted on clause by clause. Clauses 4 & 5 - Action deferred and referred to August 14, 1995 meeting of the Community Services Committee for further consideration of resolution wording as it relates to involvement of the Department of General Services & City Clerk's. Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Yantzi That the report of the Finance and Administration Committee of this date be adopted. At this point Council dealt with several recommendations respecting the Mayor's Task Force on the Downtown which bear some relationship to clauses 1 & 2 of the Finance and Administration Committee report. However, the recommendations with respect to the Mayor's Task Force are itemized following consideration of all Committee reports. Clause 1 of the Finance and Administration Committee report was questioned and on motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, it was agreed to amend the recommendation so as to provide that the position report as part of the Downtown Action Team and require the Human Resources Division in conjunction with the Parks & Recreation Department to develop a job description, advertise and submit a recommended hiring to the Finance and Administration Committee. Also on motion by Councillor J. Ziegler, seconded by Councillor M. Yantzi, it was agreed to amend clause 2 so as to appoint Mayor Richard Christy and Councillor B. Vrbanovic to represent the City on the Selection Committee for the Downtown Events Co-ordinator. The report was then put to a vote. Voted on clause by clause. Clauses 1 & 2 - Carried, as amended. Balance of report - 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. COUNCIL MINUTES JULY 4, 1995 - ~96- CITY OF KITCHENER Carried. At the special Council meeting held at 4 p.m. this date, Council dealt with the majority of recommendations arising from the Final Report of the Mayor's Task Force on the Downtown and now undertook to complete its review of the Final Report. Moved by Councillor K. Redman Seconded by Councillor M. Yantzi That Recommendations 45, 46 & 47 of the Final Report of the Mayor's Task Force on the Downtown be approved in principle, subject to further discussion and input from Management Committee and the Downtown Action Committee. Councillor J. Ziegler asked that the words "Working out of the Mayor's Office" be deleted from Recommendation 45 and that senior staff develop a recommendation regarding the reporting relationship of the Downtown Action Committee. Councillor M. Wagner questioned the level of involvement of the Downtown Director in Recommendation 46. Mayor R. Christy advised that it was appropriate Ms. S. Frenette assume this role and carry on in much the same way as she has to date. In response to a question, Ms. Frenette concurred with a recommendation to appoint Mr. D. Corks as the Downtown Planner for two years. In response to a question raised regarding this appointment as to the short-term loss of Mr. D. Corks, Mr. T. McCabe advised that some of the transportation issues that Mr. Corks would have been working on would not be completed during his absence. Ms. V. Gibaut responded to a staffing question relative to the impact on her division and advised that originally she had suggested that if Mr. G. Borovilos was appointed as the Business Developer, she could support a 50% time commitment. However, if the commitment was 100%, this would raise other problems in the division. Councillor M. Yantzi pointed out that consideration must be given to administrative and supervisory details affecting the staff appointed to the Downtown Action Team. Mayor R. Christy noted that consideration must also be given to the linkage of the Team to the Mayor's Office in order to have staff available to work with the strategy developed for the Downtown. The question of where the Action Team would physically locate was raised and Mayor R. Christy suggested the meeting area at the end of the Council Wing be converted for the Team. Councillor Jake Smola objected to the conversion given that the meeting area is used for numerous and varied community purposes and suggested the Team could locate in vacant space on the eight floor. He expressed concern over the Team working directly with the Mayor and questioned how the Mayor could act in a role as Manager of staff. Further, he requested that a budget be developed to address the cost of this staff support and additional resources required. Councillor Jake Smola also commented that there were other small business communities within the City that should not suffer because of the level of attention being given to the Downtown. He questioned how there was so much flexibility to shift staff from existing duties to focus on the Downtown and suggested the impacts of such shifting should be documented. Mayor R. Christy stated that the Interim Report of the Task Force had pointed out that the City was losing $3-4 million in commercial assessment in the Downtown and that the thrust of the Action Team was to get new commercial assessment in the core, which if successful, would pay for the Task Force recommendations being undertaken. Councillor T. Galloway questioned the management structure for the Downtown as to why the Downtown Director was not on the same reporting system as the other three staff. Ms. S. Frenette advised that the other three positions were 100% dedicated to the Downtown whereas she had other roles and responsibilities. It was her expectation to devote approximately 30% of her time to the Downtown. Councillor T. Galloway questioned if the Task Force had considered if the Action Team would report to the Downtown Director. Further, he questioned how the Action Team would report to Council and how Council would give direction. Ms. S. Frenette responded that she saw the Action Team as a quick response group to requests of Councillors. Councillor B. Vrbanovic stated that staffing and budgetary issues were legitimate concerns and that he would like to see a report prepared on the reporting structure. He also questioned whether the meeting space at the end of the Council Wing would be workable for the Action Team. He also suggested that the proposed City Communications Officer also be located with the Action Team. Referring back to Recommendation 45, Councillor John Smola questioned if the Administrative Assistant position and costs JULY 4, 1995 COUNCIL MINUTES - ~97- CITY OF KITCHENER were considered within the recommendation as it did not indicate such in the report. He also suggested that department heads prepare a list of changes in their priorities as a result of shift of resources to the Downtown Action Team. Councillor M. Yantzi agreed that the level of administrative support necessary for the Action Team should be clarified. Mayor R. Christy also agreed that there were details to be worked out and pointed out that the Task Force had dealt with broad aspects of the problem and that it was appropriate that staff should develop necessary details. In response to the foregoing discussion, Mayor R. Christy commented that he saw it as very necessary to work in conjunction with the Action Team as they were essential to accommodate the initiative to revitalize the Downtown and that he must have these staff in place to support the project. He also stated that he supports the suggestions regarding Recommendation 45 that staff review implications but asked that Council be aware the initiatives also have implications for the Office of Mayor as it evolves in future. The motion of Councillor K. Redman, to approve Recommendations 45, 46 & 47 was then considered and a recorded vote was requested. Moved by Councillor K. Redman Seconded by Councillor M. Yantzi That Recommendations 45 & 46 of the Mayor's Task Force on the Downtown be amended and approved as follows: "45) That subject to consideration of a staff report advancing recommendations with respect to reporting relationship, Iocational requirements, need for support staff and all relevant budget details, we approve formation of a Downtown Action Team, consisting of a Downtown Planner (D. Corks), Events Co-ordinator and Business Developer (G. Borovilos) along with staff support and resources for a two-year period. 46) Appoint Ms. Sybil Frenette as a Downtown Director to head the Downtown Co- ordination Team and to call on staff resources from various Departments as required to implement the four main Action Plan themes of Business Development, Housing, Arts and Culture and Physical Improvements." And that Recommendation #47 be approved. Carried Unanimously. At this point of the meeting Council actually dealt with clauses 1 & 2 of the Finance and Administration Committee report of this date which has already been documented earlier in these minutes when the report was introduced. Council then revisited Recommendation No. 19 of the Mayor's Task Force on the Downtown which reads: "Assign an existing staff person as media liaison for the Downtown." The requirements of such a position and how the position would be filled were then discussed, including the possibilities of utilizing someone from the existing staff complement and thereby maintain current budgeted salary levels. Following further discussion, it was agreed that a staff report should be prepared that addresses issues relative to the position. Moved by Councillor M. Wagner Seconded by Councillor B. Vrbanovic That Recommendation #19 of the Final Report of the Mayor's Task Force on the Downtown be amended and reworded as follows: "19) That we approve in principle the use of an existing staff person relative to the creation of a City wide position to be referred to as a "Communication/Media Liaison Officer" with all relevant details to be discussed as part of a staff report to be tabled at the August 14, 1995 Finance and Administration Committee meeting. Such report shall contain reference to the position title, to whom the position shall report and how the position responsibility will be integrated and co-ordinated with the Mayor, City JULY 4, 1995 COUNCIL MINUTES - ~98- CITY OF KITCHENER Council and all City Departments." Carried. Councillor J. Ziegler referred to the driveway widening issue and noted that he was aware of an example of a property owner mistakenly widening his driveway onto an abutting neighbours driveway. He suggested that the by-law require a driveway be no closer than six inches from the lot line with the adjoining property. Mr. T. McCabe advised that the new by-law eliminated the six inch requirement 1 1/2 year ago. In response to Councillor J. Ziegler, Mr. McCabe indicated that the matter could be dealt with at this meeting in conjunction with the Zoning Amendments to By-law 85-1 provided Council was to decide that the change was minor and in their opinion no further notice was required regarding the matter. A motion by Councillor J. Ziegler to reinstate the six inch distance separation between driveways and the lot line with the abutting property, was not considered as it failed to receive a seconder to the motion. Councillor Jake Smola pointed out that during discussion under Item B.6 of the Committee of the Whole at the June 19, 1995 Council meeting, he had suggested a comprehensive review of the nomination and appointment process for all Boards and Committees be undertaken. He advised that he wished to formalize direction in this regard. Moved by Councillor Jake Smola Seconded by Councillor M. Wagner That Councillors Jake Smola, Mike Wagner, Chris Weylie and Berry Vrbanovic and Lloyd F. Parkhouse, Deputy City Clerk be appointed to a committee to review the Board/Committee appointment process. Further, that such committee report to the Finance and Administration Committee at its meeting scheduled for September 18, 1995. Carried. Councillor M. Wagner referred Members of Council to a memorandum of Mr. L. Bensason that he had circulated with regard to a request from the Walper Pub to erect a projecting sign. Council on June 5, 1995 gave approval in principle to alter 1 King Street West (Walper Hotel), which is a heritage designated property, by erecting a sign to advertise the Walper Pub. The LACAC Sub-Committee has accepted the specifications for the proposed signage. Councillor M. Wagner pointed out that under the Kitchener Municipal Code, projecting signs are not permited in the retail core unless approved by the Committee of Adjustment. City Council will be on summer schedule and any decision by the Committee of Adjustment would not be ratified for several weeks. Since the design considerations are being regulated by LACAC and since Council has the authority to waive the regulation in the Municipal Code respecting this matter, Council is requested to facilitate installation by dealing with the issue this date. Moved by Councillor M. Wagner Seconded by Councillor G. Lorentz That notwithstanding Chapter 680.6.2 of the City of Kitchener Municipal Code, a projecting sign for the "Walper Pub" shall be permitted to be installed on the King Street elevation of the Walper Hotel (1 King Street West) in accordance with the specifications of Pride Sign Ltd. drawing No. 95111B dated June 16, 1995, and as approved by the Kitchener Local Architectural Conservation Advisory Committee. Carried. Councillor K. Redman referred to a letter addressed to Mayor R. Christy and Members of Council dated June 29, 1995 from J. Koppeser relative to Council's request to be informed of complaints received with regard to outdoor patios located on sidewalks in the Downtown. In this regard, she provided an update of complaints received with regard to the outdoor patio of the Sports Cafe, 104 King Street West. Council was also in receipt of a copy of a letter dated June 22, 1995 addressed to the Sports Cafe from Mrs. N. Brawley, Executive Director of the Kitchener Downtown Business Association, which also discusses the problems associated with the Cafe's outdoor patio. Moved by Councillor K. Redman JULY 4, 1995 COUNCIL MINUTES - ~99- CITY OF KITCHENER Seconded by Councillor T. Galloway That subject to legal advice from the City Solicitor, we revoke the encroachment agreement with the Sports Cafe, 104 King Street West, pertaining to its outdoor patio which encroaches on the City sidewalk in front of the premises. Carried. Councillor Jake Smola questioned how the City prioritized its roads and sidewalk construction/repair programs. Mr. S. Gyorffy commented on a number of criteria evaluated within the process of ranking and prioritizing projects. He noted that there was a combination of all this criteria, as well as any linkages to near or medium term underground work in future that might also be carried on in conjunction with above ground restoration projects. Councillor Jake Smola then questioned the recent resurfacing of Scott Street particularly between Duke Street and King Street and stated it was his view that the pavement was in relatively good condition and he would like to know how the project actually came about. Mr. S. Gyorffy advised that while the pavement surface was not in bad condition, there were extensive curb and sidewalk repairs necessary along the street. He pointed out that often it is more cost-effective to re-pave a full street rather than patch it in numerous places after curbing and sidewalk repairs have been made. Councillor Jake Smola requested that staff annually supply information respecting its street paving program and Mr. Gyorffy advised this would be done. Councillor Jake Smola then referred to the Young Street Reconstruction Project which was accelerated by a number of years to the current year and requested that the budget process highlight such changes in future. Councillor Jake Smola then referred to the recent meeting of the Dangerous Dog Appeal Committee and commented that he disagreed with the Committee's decision. He asked that in future, if issues were being considered by the Committee, that the relevant Ward Councillor be notified of the Committee's meeting. In regards to the Committee's actions he advised that the dog had been deemed to be "dangerous" by the Humane Society but that the ruling of the Committee had downgraded that status to "potentially dangerous" and he questioned if there was any legal implications for the City as a result of this action. Councillor J. Ziegler advised that the Dangerous Dog Appeal Committee held its meeting in the form of a tribunal under the Statutory Procedures Act. He advised that with respect to matters of liability any decisions would have the same consequence as any other action of Council. Mr. J. Shivas, City Solicitor, stated that in his view there should not be a liability issue given the process followed with respect to consideration and decision-making. Councillor Ziegler advised that in future the Committee would ensure that Ward Councillors are advised of any meeting that affected their Ward residents. Council concurred to a request of Mr. R.W. Pritchard to add a Part Lot Control Exemption By-law to the agenda for three readings this date. Moved by Councillor B. Vrbanovic Seconded by Councillor John Smola That leave be given the Mover and Seconder to introduce the following by-laws, namely: (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) 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 (e) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on JULY 4, 1995 COUNCIL MINUTES - 300- CITY OF KITCHENER highways under the jurisdiction of the Corporation of the City of Kitchener (f) Being a by-law to exempt a certain lot from Part Lot Control - Lots 34 and 35, Registered Plan 1798 - Fairway Crescent (g) Being a by-law to amend By-law 85-1 known as the Zoning By-law - No.94/14/TC/PMc (h) Being a by-law to amend By-law 85-1, as amended by By-law 94-1 - Central Frederick - No.95/12/C/CL (i) Being a by-law to amend By-law 85-1 of the City of Kitchener - No.95/13/G/CL (j) To confirm all actions and proceedings of the Council (k) To authorize the construction of certain works as shown in Schedule "A" hereto as local improvements - Sanitary Sewer and Connections and Watermain and Connections on west side of King Street East (I) Being a by-law to exempt a certain lot from Part Lot Control - Lot 46, Registered Plan 1798 - Fairway Crescent (m) Being a by-law to exempt a certain lot from Part Lot Control - Block 12, Registered Plan 1811 Westmeadow Drive and 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 G. Lorentz as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. Moved by Councillor G. Lorentz Seconded by Councillor John 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 B. Vrbanovic Seconded by Councillor John Smola That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) (d) 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 (By-law No. 95-98) Being a by-law to close and sell part of Cayuga Drive shown as Part 1, Reference Plan 58R-9713 in the City of Kitchener (By-law No. 95-99) 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. 95-100) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire JULY 4, 1995 COUNCIL MINUTES - 301- CITY OF KITCHENER (e) (f) (g) (h) (i) (J) (k) (i) (m) (n) (o) routes and to prohibit parking thereon (By-law No. 95-101 ) 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. 95-102) 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. 95-103) 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. 95-104) Being a by-law to exempt a certain lot from Part Lot Control - Lots 34 and 35, Registered Plan 1798 - Fairway Crescent (By-law No. 95-105) Being a by-law to amend By-law 85-1 known as the Zoning By-law - No.94/14/TC/PMc (By-law No. 95-106) To confirm all actions and proceedings of the Council (By-law No. 95-107) Being a by-law to amend By-law 85-1, as amended by By-law 94-1 - Central Frederick - No.95/12/C/CL (By-law No. 95-108) Being a by-law to amend By-law 85-1 of the City of Kitchener - No.95/13/G/CL (By-law No. 95-109) To authorize the construction of certain works as shown in Schedule "A" hereto as local improvements - Sanitary Sewer and Connections and Watermain and Connections on west side of King Street East (By-law No. 95-110) Being a by-law to exempt a certain lot from Part Lot Control - Lot 46, Registered Plan 1798 - Fairway Crescent (By-law No. 95-111 ) Being a by-law to exempt a certain lot from Part Lot Control - Block 12, Registered Plan 1811 Westmeadow Drive (By-law No. 95-112) be taken as read a third time, be finally passed and numbered serially by the Clerk. Carried. COUNCIL MINUTES JULY 4, 1995 - 30~- CITY OF KITCHENER On motion, the meeting adjourned. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 1. That the following changes be recommended to the Regional Municipality of Waterloo, relative to the conditions of approval for Draft Plan of Subdivision 30%89017 (Kitchener-Chicopee Property Corp.): 1. That the Plan of Subdivision dated Revised 92 04 10 be replaced with that dated Revised 95 05 05; 2. That Condition 50 be revised so as to replace the date of the Plan dated "April 10, 1992" with the Plan dated "Revised May 5, 1995"; 3. That Condition 71 be deleted; 4. That all references to Block numbers affected by the revision to the Plan be amended accordingly in the City's Subdivision Agreement. It is the opinion of this Committee that the approval of these revisions is proper planning for the City. That a blanket extension of Clause 2(b) of the Offer to Purchase to July 1, 1995 be granted to the following purchasers of land which have not constructed buildings to date: Site 84A Site 109 Site 113 Site 114 Berkshire Building Corporation Matt Strgar and Mario Tomac Leenan Properties Management Limited Leenan Properties Management Limited And further, that the City repurchase at 80% of the original purchase price, being $82,200, from Leenan Properties Management Limited, Site 118, comprised of 1.37 acres and being composed of Part 13 on Reference Plan 58R-5840, which was originally purchased at $75,000/acre in 1988; And further, that the City repurchase at 80% of the original purchase price, being $119,400, from Leenan Properties Management Limited, Site 119, comprised of 1.99 acres and being composed of Part 14 on Reference Plan 58R-5840, which was originally purchased at $75,000/acre in 1988. That the Ministry of Municipal Affairs be advised that the City of Kitchener reviewed the Region of Waterloo Official Plan and is satisfied that the Plan addresses all of Kitchener's major concerns except the recently approved Municipal Plan Amendment (OPA) requesting extension of the Kitchener urban settlement pattern boundary on Map No. 6 generally south of Bleams Road and east to Trussler Road. That Demolition Control Application DC 95/02/B/RM (Beatrice Foods Inc.) requesting approval for the removal of two single detached dwellings located at 348 and 350 Breithaupt Street legally described as Part Lot 14 to Part Lot 16, Registered Plan 136 and Part Lot 15, Part Lot 16, Registered Plan 136 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That enforcement of the City's Sign By-law be waived in accordance with the request and details contained in the letter dated June 13, 1995 from Mr. Ellis Lageer on behalf of Bethany Evangelical Missionary Church, 160 Lancaster Street East relating to placement of a portable electric sign for a 2 week period only promoting the Church's Vacation Bible School, subject to the sign being placed in a location acceptable to City staff. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) That Zone Change Application 95/12/C/CL (City of Kitchener) proposing a change in zoning on lands located on the south side of Clarence Place by applying special use provision 129U, be approved in the form shown in the 'Proposed By-law' attached dated June 9, 1995, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. COUNCIL MINUTES JULY 4, 1995 - 304- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 304- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That Zone Change Application 95/13/G/CL (City of Kitchener) amending the Highway Commercial (C- 8) Zone by deleting existing and adding new regulations thereto which affects lands legally described as Part of Lots 8, 22, 23 and 24, Beasley's Broken Front Concession; Lots 1 to 7 inclusive and Blocks 9 - 13 inclusive, Registered Plan 1725; Lots 1 -3 inclusive and Block 4 - 8 inclusive, Registered Plan 1744; and Lots 1 - 10 inclusive and Blocks 11 - 15 inclusive, Registered Plan 1745, and applying special use provision 216 to lands legally described as Lot 8, Registered Plan 1725, be approved, in the form shown in the attached By-law dated June 9, 1995, including deletion of Map No.1 dated May 31, 1995 and substitution of Map No. 1 dated June 26, 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 City's Municipal Plan. (Dealt with under delegations and carried) That Zone Change Application 94/14/TC/PMc (City of Kitchener) representing revisions to By-law 85- 1 as amended by By-laws 94-1 and 94-183 (Stages 6 and 7 of the Comprehensive Zoning By-law), be approved in the form shown in the attached 'Proposed By-law', dated May 30, 1995, as revised July 4, 1995 to delete reference to Section 5.6(a) relating to air conditioners, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. (Portion of the Zone Change Application dealing with air conditioner location dealt with under delegations and deferred to the August 14, 1995 Planning and Economic Development Committee meeting for further consideration along with a request for detailed information on utilizing noise standards as part of enforcement policy). (As Amended) COMMUNITY SERVICES COMMITTEE - That approval be given to the Kitchener Fire Department to continue funding the University of Waterloo Fire Training Facility Research team, to complete Phase 3, final design recommendations. That the "Playground Equipment Grant Process for Community Groups" report attached to the memorandum, dated June 20, 1995, from R. Wyatt be adopted and implemented commencing in 1996; and further, That the grant funding be taken from the Parks and Recreation capital budget, index 674806, "Playground Features". 3. That Clause #2 of the Community Services Committee report, dated May 8, 1995, be repealed; and further, That the walkway located between the properties known municipally as 168 and 174 Millwood Crescent be re-designated from "Walkway" to "Open Space"; and further, COMMUNITY SERVICES COMMITTEE - (CONT'D) 3. (Cont'd) That the existing concrete stairs and railing be removed from the walkway and be replaced with a stone path with the cost funded as an over-expenditure from the 1995 Parks and Recreation Department budget. JULY 4, 1995 COUNCIL MINUTES - 305- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 305- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 4. That we approve an Art, Artifact Acquisition and Management Policy for the City of Kitchener, as follows: 1) Artifacts relating to the history of the City will be managed through the General Services and City Clerks Department in compliance with the existing Corporate Archives Policy. 2) That the following be applied as Art Acquisition/Deaccessioning Criteria for consideration by the Art Acquisition Committee. b) COMMUNITY 4. (Cont'd) Art Acquisition: Donations or loans of artwork to the City of Kitchener should be considered for acceptance according to the following criteria: 1) first consideration for purchase shall be given to Waterloo Region Art; 2) suitability of the artwork to the collection of the City as determined by the guidelines and mandate of this collection; and with consideration to available display and storage space; 3) quality of the artwork, based on professional assessment of the artwork, detailed written proposal, drawing and/or maquette, or photographs; 4) suitability of the theme of the artwork to a public venue; 5) appropriateness of the artwork to the site, in the case where a site has been identified; 6) appropriateness of the process for selecting the artist/artwork; 7) financial implications based on cost of project implementation, installation of the arts, and ongoing maintenance of the artwork; 8) provision by the donor for ongoing maintenance of the work and cost of relocation and removal; 9) absence of restrictive conditions imposed by the donor; 10) susceptibility of the artwork to wear and vandalism and potential danger to the public; 11) suitability of the artwork to the technical requirements of installation in public spaces; 12) ease of maintenance and repair. Deaccessioninq Criteria Valid considerations for deaccessioning works include: a) poor quality b) duplication c) irrelevance to the collection SERVICES COMMITTEE - (CONT'D) a) JULY 4, 1995 COUNCIL MINUTES - 306- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 306- CITY OF KITCHENER d) e) REPORTS ADOPTED BY COUNCIL the possibility of upgrading or exchange safety concerns All proceeds from sale or auction of works shall be credited to the Public Art Trust Fund. 3) That appropriate staff through Parks and Recreation be responsible for co-ordination of maintenance after works of art have been accepted into the permanent collection. Initially it is recommended that the Public Art Trust Fund be utilized for this activity until the level of collecting activity is known. It may be necessary at some point to make this a budgeted item. When necessary, the Art Acquisition Committee will provide advice in this area and will utilize outside expertise, such as the K-W Art Gallery. (Action deferred and referred to August 14, 1995 meeting of the Community Services Committee for further consideration of resolution wording as it relates to involvement of the Department of General Services & City Clerk's) That we approve a Public Art Policy for the City of Kitchener (in conjunction with the Art Acquisition Committee) as follows: 1) That the City of Kitchener promote art in publicly accessible places in order to enhance the urban environment and quality of life. Public art should be a consideration for new public facilities or where appropriate in existing facilities. By supporting public art initiatives, the City will recognize the importance of publicly accessible art in making Kitchener a more livable city. 2) That the Public Arts Trust Fund be utilized, when funds are available, for the funding of projects city wide and that two members of Council be selected to work as an extension of the Art Acquisition Committee, in the active solicitation of fund raising, as the need arises. 3) That an appropriate staff person from each department liaise with the Art Acquisition Committee when capital budget projects are coming on stream for public art to be included. The criteria for this would be the project's public visibility, public use and civic importance. Opportunities could be found to include art at various points in the project, from the design stage to purchasing stage of furnishings, etc.. 4) That artists be involved at the earliest possible time in any project identified for a public art component. 5) That the City review, through appropriate staff, the feasibility of implementing a "contribution towards public art" for new, private developments. (Action deferred and referred to August 14, 1995 meeting of the Community Services Committee for further consideration of resolution wording as it relates to involvement of the Department of General Services & City Clerk's) That the float design proposed by Vision in Design Ltd. be accepted as the Oktoberfest Parade Float for the City of Kitchener for the years 1995, 1996 and 1997 with the following provisions: · That "The City of Kitchener" be moved to the area that now says "What a Hoot". · That the wording "What a Hoot" be changed to a message that conveys a happy Thanksgiving. (See addendum A - Float Description, for details regarding the chassis and sound systems). COMMUNITY SERVICES COMMITTEE - (CONT'D) 7. That the Committee approve a grant in the amount of $1,000.00 to the Kitchener Blind Lawn Bowlers. COUNCIL MINUTES JULY 4, 1995 - 307- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 307- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the request of Ms. Carol Wiebe, on behalf of the Rotary Club Youth Exchange Program, for a grant-in-kind of $1,064.00 to assist with the municipal travel needs of two participants of the Program be deferred and referred to the August 14, 1995 meeting of the Community Services Committee, in order to allow Ms. Wiebe time to explore other funding alternatives. 9. That we approve the application from St. Mary's Hospital Volunteer Association for a $2,535.20 grant-in-kind for use of Victoria Park Pavilion November 15 - 22 for the 1995 Festival of Lights. 10 That the Committee approve a grant in the amount of $100.00 to Julie Hamburger, a competing member in the Canadian National Baton Twirling Championship. FINANCE AND ADMINISTRATION COMMITTEE - 1. That the position of Downtown Events Co-ordinator outlined in the report dated June 7, 1995 from T. McKay and T. Clancy be established as a two-year contract, subject to the following: (a) the position reporting as part of the Downtown Action Team. (b) That Human Resources Division in conjunction with the Parks & Recreation Department develop a job description for the position, and following advertising of the position, submission of a recommended hiring for consideration at the August 14, 1995 Finance and Administration Committee meeting. That funding for this position in 1995 be debited from the Capital Account established for Downtown Improvements. (As Amended) That Mayor Richard D. Christy and Councillor B. Vrbvanovic represent City Council on the Selection Committee for the Downtown Events Co-ordinator and that Council, as part of the Community Services Committee Agenda, receive monthly information reports outlining activities of the Co- ordinator, and further, That the position of Downtown Events Co-ordinator be reviewed one year from the date of hiring. (As Amended) 3. That the Manager of Licensing be authorized to issue a Raffle Lottery Licence to the Kitchener- Waterloo Weavers and Spinners Guild for a draw to take place at the Guild Hall December 6, 1995. 4. That no action be taken at this time on the request of Mr. Robert Glover for permission to operate a hot dog cart at Woodside Park (corner of Highland Road and Queen Street) in 1995, and further, That staff submit a report for consideration by Council concerning criteria for hot dog carts located in areas of the City outside of the Downtown. 5. That no action be taken on the request of Mrs. Elizabeth Halat for permission to locate a hot dog cart on the City sidewalk at 703 Belmont Avenue West. That Council endorse the criteria for revising Kitchener's Ward System as outlined in the undated memorandum from Dr. Robert J. Williams and considered by the Finance and Administration Committee on June 26, 1995. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) JULY 4, 1995 COUNCIL MINUTES - 308- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 308- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That with regard to the proposed revision of Kitchener's Ward System, and consistent with the criteria outlined in the undated memorandum from Dr. Robert J. Williams, alternative Ward models be developed for further consideration by Council with the total number of Wards to be no less than eight and no greater than twelve. That a working committee comprised of the Commissioner of General Services and City Clerk, the Deputy City Clerk, a senior representative of the Planning and Development Department and Dr. Robert J. Williams, University of Waterloo, be struck to address the revision of Kitchener's Ward System. That Chapter 682 (Signs and Posters) of the City's Municipal Code prohibiting attachment to property of the Public Utility Commission be repealed and a draft by-law prepared to amend Chapter 680 (Signs) of the Municipal Code which would have the effect of regulating postering in the Municipality so as to require as follows: that all posters must be dated and identify the author or sponsoring business, individual or group; must conform to the diameter of the utility pole so as not to create a visual obstruction; and must be removed four days after expiry of a normal two week posting period, and, That staff investigate and report on the feasibility of establishing a penalty for non-compliance in removing posters within four days of expiry of the posting period; or alternately, establishing an offence under the Provincial Offenses Act, and, That a public meeting be held to obtain input on the proposed amendments to the Sign By-law once a draft has been reviewed by Council, and further, That this entire initiative be reviewed one year after implementation. 10 That Council waive its right to solicitor/client privilege regarding the confidential report from Mr. J. Shivas dated June 21, 1995 concerning the removal of signs from City boulevards and posters from utility poles. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - 1. That monthly parking be permitted in Lot No.23, King Street East, with a monthly rate of $40.00 per month plus taxes, effective July 1, 1995, and further, That By-law No.88-169 be amended accordingly. 2. That an all-way stop control be installed at the following location: Erinbrook Drive and Ashley Court/Thistledown Drive, and further, That the Uniform Traffic By-law be amended accordingly. 3. That the responsibility for all facets of garbage collection remain the total responsibility of local municipalities, and further, That we not support the principles of limits on curbside residential garbage pick-up or the concept of user-pay for residential garbage at this time, and further, That local municipalities exercise their option to co-op tender waste collection contracts if the municipalities tendering feel that cost savings and operational efficiencies can be obtained through this process. That the City of Kitchener advise the Waterloo Region Review Committee of its concerns regarding the undertaking of reviews of operational issues rather than confining its deliberations to areas of function. COUNCIL MINUTES JULY 4, 1995 - 309- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 309- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) 5. That the City of Kitchener implement an 'Adopt-A-Road' Program based upon the criteria outlined in the report, and further, That the terms and conditions of the City's 'Adopt-A-Road' Program be subject to the satisfaction of the City Solicitor. 6. That the Utilities Division formulate criteria for a Demand Side Management Program in Kitchener, consistent with private sector utilities, and further, That funding be allocated to the 1996 budget proportional to increased margins anticipated from Ontario Energy Board rulings for Union Gas for Demand Side Management initiatives, and further, That Utilities staff develop the Demand Side Management initiatives in consultation with the Environmental Committee. COUNCIL MINUTES JULY 4, 1995 -310 - CITY OF KITCHENER COMMITTEE OF THE WHOLE 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." REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Licenses It was resolved: "That the Waterloo County Street Rods, 71 Shea Crescent, Kitchener, Ontario, N2E 1E9, be granted permission to operate a refreshment stand at Victoria Park on Saturday, August 12, 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 Epilepsy Ontario - Waterloo Wellington, 741 King Street West, Kitchener, N2G 1E3, for a Monte Carlo event at the Walper Terrace Hotel, 1 King Street West, Kitchener on September 28-30, 1995, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Twin City Spinners to conduct a Monte Carlo event at Bingeman Park, 1380 Victoria Street North, Kitchener on September 15-17, 1995." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association to conduct a Monte Carlo event at the Turf Club Banquet Hall, 4278 King Street East, Kitchener, on August 25-27, 1995, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Global Community Centre of Waterloo Region, 89-91 King Street North, Waterloo, to conduct a Monte Carlo event at the Valhalla Inn, 105 King Street East, Kitchener on September 28-30, 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 August 29-31, 1995, inclusive; providing that all proceeds from this event are used for the non-adult members of the band." -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 October 24-26, 1995, inclusive; providing that all proceeds from this event are used for the non-adult members of the band." COUNCIL MINUTES JULY 4, 1995 - 311- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 311- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL COUNCIL MINUTES JULY 4, 1995 -311 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Licenses (Cont'd) -and- "That the Manager of Licensing be authorized to issue Ice Cream Vehicle Driver's Licences to Diane Urquhart and Scott Hoffman as per their applications dated June 22, 1995 and June 19, 1995 respectively." 2. Encroachment Aqreements It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 45, Registered Plan 670, municipally known as 50 St. Clair Avenue, to legalize the existing retaining wall as it extends 4.0 feet, more or less, into the St. Clair Avenue road allowance." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the owner/operator of the Walper Pub to permit the installation of a projecting sign on the King Street West elevation of the building located 1 King Street West which will extend 5 feet, more or less, over the King Street West road allowance, subject to obtaining the required sign permit. And further, that the Mayor and Clerk be authorized to execute an Encroachment Agreement with the owner/operator of Reggie's Deli Express to permit the installation of a fascia sign on the existing balcony on the King Street West elevation of the building located at 1 King Street West which will encroach 1 foot 8 inches, more or less, over the King Street West road allowance, subject to obtaining the required sign permit." -and- "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of part Lot 6, Registered Plan 370, municipally known as 206 Duke Street East, to legalize existing steps which encroach 0.2 feet, more or less, onto the Duke Street East road allowance." 3. Aqreement - VICTORIA PARK WARD It was resolved: "That the Mayor and Clerk be authorized to execute an agreement with the Ministry of Environment and Energy relating to 231 Madison Avenue South." 4. Quit Claim Deed - FAIRVIEW WARD JULY 4, 1995 COUNCIL MINUTES -312- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 312- CITY OF KITCHENER It was resolved: REPORTS ADOPTED BY COUNCIL "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing the City's interest in the covenants set out in Instrument No. 249342 regarding servicing and landscaping for the property described as Part Lot 31, Registered Plan 986 and municipally known as 41 Fairway Road South." COUNCIL MINUTES JULY 4, 1995 -312 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Minor Variance - Municipal Code, Chapter 630 (Fence) - VICTORIA PARK WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of June 13, 1995, recommending approval of Submission No. F 3/95 - Paul H. Starkey - Be Ratified and Confirmed." 6. Minor Variance - Municipal Code, Chapter 680 (Siqn) The Committee was in receipt of a decision of the Committee of Adjustment which recommends that approval of a sign application, Submission No.S 10/95, be ratified. Councillor J. Ziegler referred to the practice in the Committee of Adjustment minutes of recording whether or not those who appeared before the Committee were either in support or in opposition to an application. However, in respect to the written submissions as listed, no such differentiation was made between those in support and those in opposition. He suggested that written submissions also indicate those in favour and those which were contra to the application in future. Mr. R.W. Pritchard advised that the request would be relayed to the Committee of Adjustment for its consideration. Councillor T. Galloway advised that he was opposed to the sign application and requested that it be refused. He pointed out that the subject property was currently involved in a zone change application and circulation had taken place in that regard to which there is significant controversy. He indicated that he felt installation of a 4' x 8' sign was inappropriate given the rezoning that was underway to change the use of the property from institutional to residential. Further, he noted that the Committee took into consideration the views of non-residents who were supportive of the church and gave less weighting to the individual located across the street from the subject property. On motion by Councillor T. Galloway, it was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of June 13, 1995, recommending approval of Submission No. S 10/95 - James Reslem/Barbara Whitely not be accepted and the application be REFUSED." 7. Rails to Trails COUNCIL MINUTES JULY 4, 1995 - 313- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 313- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL Councillor M. Wagner spoke in full support of the staff recommendation submitted by Mr. P. Wetherup on behalf of the Rails to Trails Steering Committee. Councillor J. Ziegler suggested that consideration be given to utilizing an adopt a trail program to ensure trails were kept clean, as well as a vehicle to accept contributions toward trail development. Mr. J. Shivas advised that before the City could proceed, a survey as well as an environmental audit was required after which purchase could be concluded. He suggested that the staff recommendation be revised to provide that approval be subject to our acquiring ownership of the lands in question. It was resolved: "That subject to the City of Kitchener acquiring ownership of the abandoned C.P. Rail right-of-way: That Council support the development of a hard surface trail link between Kitchener and Waterloo using the abandoned C.P. Rail right of way; COUNCIL MINUTES JULY 4, 1995 -313 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 7. Rails to Trails (Cont'd) That the trail be developed initially as a stone dust surface with the hard surfacing being added in phases, as the budget allows; That the trail corridor will not be fenced, the trail will not be lighted and lands acquired for the trail right-of-way shall be retained in municipal ownership; and That a design team be formed, with representatives from the Cities of Kitchener and Waterloo, to coordinate the development of a master plan, including design criteria and to conduct a series of public open houses to promote the trail concept and to gather information for the design and use of the trail." 8. Request for Exemption - Noise By-law It was resolved: "That the Engineering Department of the Region of Waterloo and its Contractor(s) be exempt from the provisions of Chapter 450 Noise of the City of Kitchener Municipal Code Article 6 Construction Work during the surface reconstruction and storm sewer installation on Manitou Drive at the C.N. Railway between Homer Watson Boulevard and Cayuga Drive from 12:00 midnight, Saturday, July 15, 1995 until 6:00 a.m. Monday, July 17, 1995 with an alternate date of 12:00 midnight, Saturday, July 22, 1995 until 6:00 a.m. Monday, July 24, 1995, if required due to inclement weather." 9. Tender This item was dealt with under Delegations. COUNCIL MINUTES JULY 4, 1995 - 314- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 314- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL 10. Licenses It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Ontario 5 Pin Bowler's Association to conduct a Monte Carlo event at the Holiday Inn in Kitchener, on August 17-19, 1995, inclusive, provided that the proceeds are used for the funding of youth programs." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Minor Ringette Association to conduct a Monte Carlo event at the K-W Granite Club, 69 Agnes Street in Kitchener, on September 1-3, 1995, inclusive." 11. Local Improvement Petition - SOUTH WARD It was resolved: "That we grant the petition of Mr. Domenic Di Bernardo et al, for construction of watermain and connections on the west side of King Street East, between Sportsworld Drive and 275 metres north of Sportsworld Drive, pursuant to the Local Improvement Act." COUNCIL MINUTES JULY 4, 1995 -314 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 12. Licence - Kitchener-Waterloo Skatinq Club The Committee was in receipt of a memorandum dated June 28, 1995 outlining this request for a charitable refreshment stand licence from J. Koppeser, Manager of Licensing. It was resolved: "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: August 12, 13, 14, 1995 September 8, 9, 10, 1995 & September 22, 23, 24, 1995 provided that the necessary Licence and Health and Fire approvals are obtained." 13. Charitable Hawker & Pedlar Licence The Committee was in receipt of a memorandum dated June 29, 1995 outlining this request JULY 4, 1995 COUNCIL MINUTES -315- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 315- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL for a charitable hawker & pedlar licence from J. Koppeser, Manager of Licensing. It was resolved: "That the K-W Track and Field Association be granted permission to apply for a Hawker & Pedlar licence at the charitable fee. This organization is planning to sell caramel popcorn in the City Hall Rotunda from July 5-10, 1995, inclusive." 14. Provincial Licence - Monte Carlo Event The Committee was in receipt of a memorandum dated July 4, 1995 outlining this request for a Monte Carlo event from J. Koppeser, Manager of Licensing. It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Mental Health Association to conduct a Monte Carlo event at the Turf Club Banquet Hall, 4278 King Street East, Kitchener, on September 22-24, 1995, inclusive." 15. Refreshment Stand Licence The Committee was in receipt of a memorandum dated July 4, 1995 outlining this request for a refreshment stand licence from J. Koppeser, Manager of Licensing. It was resolved: "That the Scotiabank located at 64 King Street West in Kitchener be granted permission to operate a refreshment stand in their parking lot off of Ontario Street, on August 10, 1995, provided that the necessary Licence and Health and Fire approvals are obtained." 16. Licensing Agreement - Purchase of AssessmentBASE Software The Committee was in receipt of a memorandum dated June 21, 1995 from Mr. G. Sosnoski, advising that purchase of AssessmentBASE Software has been endorsed by the Computer Steering Committee and recommending purchase of the software. COUNCIL MINUTES JULY 4, 1995 -315 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 16. Licensing Agreement - Purchase of AssessmentBASE Software (Cont'd) It was resolved: "That the Mayor and Clerk be authorized to execute a licensing agreement, in a form satisfactory to the City Solicitor, with Reamined Systems Inc. relative to the purchase of AssessmentBASE software." 17. Proclamation of Civic Holiday JULY 4, 1995 COUNCIL MINUTES -316- CITY OF KITCHENER COUNCIL MINUTES JULY 4, 1995 - 316- CITY OF KITCHENER It was resolved: REPORTS ADOPTED BY COUNCIL "That Monday, August 7, 1995 be proclaimed 'Civic Holiday' in the City of Kitchener."