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HomeMy WebLinkAboutCouncil Minutes - 1995-09-25COUNCIL\1995-09-25 SEPTEMBER 25, 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 27th Kitchener Pathfinders under the direction of Kris Gordon. Councillor Jake Smola noted that the Pathfinders operate from St. James Rosemount Church and expressed thanks for their appearance this evening. The Council observed one minute of silence out of respect for Mr. Alfred Pritchard, father of Robert Pritchard, City Clerk, who passed away on September 24, 1995. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held August 21 and the special meetings held August 21, 24 and September 18, 1995, as mailed to the Mayor and Councillors, were accepted. A. Communications - N I L Mayor Richard Christy commented that since January 1995, the members of the Mayor's Task Force on the Downtown had worked tirelessly toward recommending improvements to the downtown and generated an atmosphere of excitement in this regard culminating in the approval of the recommendations arising from the Mayor's Task Force on July 4, 1995. Mayor Christy commented on the particular strengths that each member brought to the group and then presented framed prints in recognition and appreciation of their contribution to the City to: Mr. lan MacNaughton, Chair, Mr. John MacDonald, Mr. Mac Voisin and Mr. Bruce Whitestone. Mrs. Mary MacLaughlin was unable to attend the meeting this date. Mayor R. Christy advised that Councillors K. Redman, B. Vrbanovic, T. Galloway, J. Ziegler and M. Yantzi had participated as Kitchener's team in the Farm Olympics held on September 22, 1995 at the International Ploughing Match and Farm Machinery Show in Ayr. The Kitchener team competed against representatives of other municipalities from within Waterloo Region and placed first in the Farm Olympics. As a result of the first place standing, a framed laminated print of the ploughing match brochure was awarded as well as a gold pitch fork. On behalf of the team, Councillor K. Redman accepted the print and Councillor T. Galloway accepted the gold pitch fork from Mayor Christy. Ms. Holly Corman, Vice President, Social Planning Council of Kitchener-Waterloo, Karen Simoneau of the Social Planning Council and Mr. Abhi Ahluwalia, Youth Co-ordinator, Race Relations Committee of Kitchener-Waterloo attended the meeting to extend an invitation to members of Council and the public to attend meetings being held to discuss racism and diversity in the community, November 2, 3 and 4. Ms. Corman distributed following the meeting notices: November 2 (7 p.m. - 9 p.m.) - the role of media in promoting positive race relations, diversity and community building, Kitchener City Hall. November 3 (8:30 a.m. - 4:00 p.m.) - Community Building Workshop, City Hall. November 4 (10 a.m.- 3 p.m.) and November 5 (morning) - Youth and Racism Forum, location to be decided. Mr. Ahluwalia advised that he was a member of the Race Relations Committee and extended an invitation to all youths to attend the Youth and Racism Forum on November 4 and 5 which was organized by youth for youth. In response to Councillor K. Redman, Mr. Ahluwalia advised that in order to recruit youths, the organizers plan to contact organizations that deal with youth including the School Boards and Conestoga College. He noted that the Waterloo County Board of Education would be providing an advertising support role. It was also pointed out that a location would be established within a few days for the Youth and Racism Forum. Mr. Ronald Barr, Executive Director of Government Relations for Gould Outdoor Advertising, appeared as a delegation with regard to the by-law to amend regulations for billboard signs which is listed on the agenda for three readings this date. He noted that recently, he had discussions with Councillor G. Lorentz regarding the proliferation of signs and that subsequently Councillor Lorentz had provided a letter to Council concerning the proposed by-law being considered this date. Mr. Barr stated that there was still the possibility of proliferation and that his company was also concerned about market share in relation to expansion of the market. He stated that he was in agreement with the amendments proposed but was still concerned with proliferation and would prefer a moratorium on sign approvals in order that he could analyze the views of his clients on billboard sign issues. Councillor J. Ziegler pointed out that the SEPTEMBER 25, 1995 COUNCIL MINUTES -415- CITY OF KITCI:IENER Planning and Economic Development Committee had held public discussion concerning this matter and that no such representation for a moratorium was advanced. Further, he pointed out that with the revised regulations, staff have assured Council that there would not be a proliferation of billboards. Councillor J. Ziegler questioned if the City was in a position to extend the moratorium and Mr. J. Shivas recommended that the Council not act to impose a moratorium in the long term sense but could defer the immediate issue and extend an invitation to allow other representatives of other companies to make their views known in this regard. Councillor G. Lorentz commented on his previous discussions with Mr. Barr, and on his views with regard to the billboard problem and its relationship to population ratio. He referred to recommendation proposed in his September 22 letter and suggested an additional recommendation that staff investigate other municipalities that have a population ratio comparable to Kitchener's. Councillor J. Ziegler commented that a proliferation of billboard signs has already occurred and more stringent regulations were now proposed to deal with future requests. Mr. T. McCabe advised that the presentation by Mr. Barr comes as a complete surprise as it was his understanding that following the public meetings there was full agreement with the billboard companies on the issue. He noted that the proposed by-law has new restrictions with the objective of stopping proliferation and that it was unlikely that additional proliferation would occur as only a handful of less attractive locations remain. Councillor J. Ziegler stated that he wished to make it clear that he was not speaking in favour of billboards but that he was speaking against getting involved in the billboard competition between Gould Outdoor Advertising and Mediacom. He stated that Council has taken the initiative to control the proliferation and urged that course be maintained. Councillor M. Wagner advised that he was in agreement with Councillor Ziegler that Council was responding to input from the public in proposing a more restrictive approach to billboard locations. Further comments were made regarding criteria for site selection and the situation as it exists in the City of Waterloo. Councillor G. Lorentz stated that he had concern that the proposed by-law contained loopholes and that the matter had not been dealt with thoroughly enough. Moved by Councillor G. Lorentz "That Planning Staff be requested to prepare a further report on the potential for new billboard sites in the City under the proposed Sign By-law amendments; and That the staff report be brought forward before the summer of 1996, along with the existing proposed Sign By-law amendments; and That the moratorium on billboards remain and that Council not entertain any variances to the Sign By-law for billboards until this matter has been dealt with; and That staff investigate other municipalities that have a population ratio comparable to Kitchener's." Motion not considered as it failed to receive a seconder. Ms. Dianna Johnson was in attendance in support of clause 5 of the report of the Planning and Economic Development Committee of this date. Moved by Councillor C. Weyliue Seconded by Councillor M. Yantzi "That clause 5 of the report of the Planning and Economic Development Committee of this date be adopted." Councillor M. Wagner suggested clause 5 should be amended to request staff to investigate what other possible safe alternatives to sidewalks there might be. Councillor G. Lorentz stated that he objected to the direction of the actual resolution on the basis that installation should be under the Local Improvement Act and Councillor John Smola agreed stating that a similar situation in Bridgeport was dealt with under the Local Improvement Act. Councillor M. Yantzi advised that he would support the suggested amendment and the resolution itself as no funding options were being ruled out. Councillor B. Vrbanovic suggested that the wording in the resolution be revised so as to ask that Council consider various funding options rather than funding or cost-sharing Moved by Councillor M. Wagner SEPTEMBER 25, 1995 COUNCIL MINUTES -416- CITY OF KITCI:IENER Seconded by Councillor J. Ziegler "That clause 5 of the report of the Planning and Economic Development Committee of this date be amended to provide that Council consider various funding options for installation of curbs and sidewalks and to add an additional request that the Traffic Division and the Department of Public Works investigate additional possible safe alternatives to sidewalks with respect to student school traffic routes." Carried. Clause 5 of the Planning and Economic Development Committee of this date, 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." Councillor T. Galloway referred to clause 3 of the report dealing with the Demolition Control Application respecting 4567 and 4575 King Street East. He advised that at the Planning Committee meeting, Mr. G. Heissler appeared as a delegation on behalf of Mrs. R. Coffin and objected to the statement in the staff report that the subject properties were surrounded by "open space and scattered commercial uses" with no mention of the nearby residential uses. Accordingly, he suggested that for the record this be clarified. A motion by Councillor T. Galloway seconded by Councillor B. Vrbanovic to amend the recommendation to make reference to nearby residential developments was Carried. The report was then put to a vote. Voted on clause by clause. Clause 3 - Carried, As Amended. Clause 5 - Dealt with under Delegations and Carried, As Amended. 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." Councillor C. Weylie advised that Mr. Ralph Brunton had planned to appear in opposition to clause 5 but was unable to attend the meeting. She advised that Mr. Brunton has accepted the reality concerning the community trail into Lynn Valley Park but has requested to meet with her and Mr. W. Sleeth before the trail is constructed. On motion by Councillor G. Lorentz, seconded by Councillor T. Galloway a minor amendment was made to clause 7 to refer to social assistance recipients. The report was then put to a vote. Voted on clause by clause. Clause 7 - Carried, As Amended. Balance of report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That the report of the Finance and Administration Committee of this date be adopted." SEPTEMBER 25, 1995 COUNCIL MINUTES -417- CITY OF KITCHENER Councillor J. Ziegler requested that Council take note of the letter received from Ms. M. Walshe requesting that clause 12 of the report be deferred and considered at the next Finance and Administration Committee meeting. Comments were made respecting clause 10 of the report dealing with budget review dates, including allocating an additional day and starting the meetings at noon except on a Regional Council day. Also a new schedule was distributed by Mr. J. Gazzola and was referred to. Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all discussion respecting clauses 6 & 8 as his wife is employed by the City. Clauses 6 & 8 received lengthy discussion. Councillor J. Ziegler suggested that if monthly parking charges in clause 6 were reduced for staff, the public should receive a similar benefit and in clause 8 any reduction in Transit fares for City staff be extended to other employees of the private sector. Councillor T. Galloway stated that he agreed with Councillor Ziegler as to the same market rate being offered to all monthly parkers but suggested that all staff pay a fixed amount to cover the market rental of spaces actually utilized. He pointed out that many staff positions require that they have a personal vehicle for work related purposes. It was Councillor T. Galloway's preference to consider a standardized lower parking rate for all staff that could generate increased use at the lower rate. Mr. T. McKay commented that the fair market value for parking in the City's downtown garage is $60 monthly. He noted that the majority of staff who were not located at City Hall receive free parking and that the market value of suburban parking has been estimated at $20 per month. Accordingly, in the interest of treating those working at City Hall more equitably, it was proposed to provide them with a credit of $20 (value of suburban parking) toward their $60 monthly parking rental charge. Also, Mr. McKay pointed out that Management Committee had agreed with Councillor J. Ziegler's views on clause 8. Councillor M. Wagner suggested the issue be deferred and considered comprehensively in relation to an overall transportation incentive policy for City employees that would include such options as car pooling, transit, monthly parking, etc. Mayor R. Christy commented that he viewed the report recommendations as an interim measure that addresses an identified concern. Councillor Jake Smola stated that he was opposed to clause 6. Councillor G. Lorentz questioning the issue of equitable treatment pointed out that every Regional employee receives free parking, some of which is purchased from the City by the Region for its employees. Clause 6 was then put to a vote and Lost. A motion by Councillor Jake Smola that a $40 monthly parking fee be charged at the City Hall facility for staff and the public was amended on motion by Councillor J. Ziegler, seconded by Councillor T. Galloway to defer and refer consideration to the Finance and Administration Committee for consideration of a staff report. The deferral and referral motion was put to a vote and Carried. A motion by Councillor M. Wagner, seconded by Councillor J. Ziegler to refer clause 8 to the Environmental Committee for consideration in relation to an overall transportation incentive policy was put to a vote and Carried. Councillor M. Yantzi stated that clause 11 as worded was unrealistic as it makes it necessary to decipher what is a Provincial cutback. Councillor T. Galloway replied that he had tried to include some flexibility in the wording and thus send a message to organizations that taxpayers would not be covering financial shortfalls resulting from reduced government funding. Some discussion took place and on motion by Councillor K. Redman, seconded by Councillor J. Ziegler, clause 11 was amended to include the phrase "adopt a policy guideline that it" after the words "City of Kitchener". The report was then put to a vote. Voted on clause by clause. Clause 6 - Motion Lost. Clause 8 - Referred to the Environmental Committee for consideration in relation to an overall transportation incentive policy. SEPTEMBER 25, 1995 COUNCIL MINUTES -418- CITY OF KITCI:IENER Clause 11- Carried, As Amended. Clause 12- Action deferred and referred to the October 2, 1995 meeting of the Finance and Administration Committee. Balance of report - Carried. The following pecuniary conflicts of interest and abstention were disclosed: Clauses 6 & 8 - Councillor B. Vrbanovic as his wife is employed by the City of Kitchener. 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 2 Councillor J. Ziegler commented that he would be in favour of installing portable temporary speed bumps that could be quickly installed in areas experiencing problems with vehicular speed. The report was then put to a vote and Carried. For the information of Council, the renovation plan for the staff in the Mayor/Council Wing was distributed. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That as a matter of policy, Council no longer entertain or consider any further application for special retirement incentives." Carried. Councillor B. Vrbanovic disclosed a pecuniary conflict of interest and abstained from all discussion and voting as his wife is employed by the City of Kitchener. Councillor G. Lorentz commented on recent success of the Kitchener Firefighter Competition Team and in particular pointed out that they had most recently won the Michigan Regional Firefighter Challenge having placed first in overall competition and he wished this accomplishment recognized publicly. Moved by Councillor K. Redman Seconded by Councillor John Smola "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 the public highway known as Maurice Street in the City of Kitchener (b) Being a by-law to amend By-law No.85-1, known as the Zoning By-law - No. 94/14/TC/JG - Addendum COUNCIL MINUTES SEPTEMBER 25, 1995 - 419- CITY OF KITCI:IENER (c) Being a by-law to provide for the widening of part of Strange Street as a public highway in the City of Kitchener (d) Being a by-law to provide for the widening of part of Glasgow Street as a public highway in the City of Kitchener (e) To further amend By-law No.88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (f) To further amend By-law No.88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (g) 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 (h) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code regarding Signs (i) To confirm all actions and proceedings of the Council (J) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal (k) Being a by-law to amend By-law 95-10 respecting the Appointment of Staff and Provincial Offences Officers (i) Being a by-law to exempt a certain lot from Part Lot Control - Lots 1 to 4 inclusive, Registered Plan 1791 - Westmeadow Drive (m) Being a by-law to amend By-law 85-1 - Huron Environmental Area Co-operative Project - No.95/17/HNL (n) Being a by-law to amend Chapter 273 of the City of Kitchener Municipal Code regarding Park Dedication (o) Being a by-law to authorize Committees of Council to hold hearings required by law (P) 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 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 B. Vrbanovic as Chair. On motion the Council rose from the Committee of the Whole and Mayor R. Christy occupied the chair. Moved by Councillor B. Vrbanovic Seconded by Councillor K. Redman "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 K. Redman Seconded by Councillor John Smola SEPTEMBER 25, 1995 COUNCIL MINUTES - 4~0- CITY OF KITCI:IENER "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to amend By-law No.85-1, known as the Zoning By-law - No. 94/14/TC/JG - Addendum (By-law No. 95-124) (b) Being a by-law to provide for the widening of part of Strange Street as a public highway in the City of Kitchener (By-law No. 95-125) (c) Being a by-law to provide for the widening of part of Glasgow Street as a public highway in the City of Kitchener (By-law No. 95-126) (d) 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. 95-127) (e) To further amend By-law No.88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (By-law No. 95-128) (f) 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. 95-129) (g) (h) (i) Being a by-law to amend Chapter 680 of the City of Kitchener Municipal Code regarding Signs To confirm all actions and proceedings of the Council (By-law No. 95-130) (By-law No. 95-131 ) Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect to Cemeteries - Municipal (By-law No. 95-132) (Cont'd) (j) Being a by-law to amend By-law 95-10 respecting the Appointment of Staff and Provincial Offences Officers (By-law No. 95-133) (k) Being a by-law to exempt a certain lot from Part Lot Control - Lots 1 to 4 inclusive. Registered Plan 1791 - Westmeadow Drive (By-law No. 95-134) (I) Being a by-law to amend By-law 85-1 - Huron Environmental Area Co-operative Project - SEPTEMBER 25, 1995 COUNCIL MINUTES - 491- CITY OF KITCI:IENER (m) (n) (o) No.95/17/HNL (By-law No. 95-135) Being a by-law to amend Chapter 273 of the City of Kitchener Municipal Code regarding Park Dedication (By-law No. 95-136) Being a by-law to authorize Committees of Council to hold hearings required by law (By-law No. 95-137) 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. 95-138) be taken as read a third time, be finally passed and numbered serially by the Clerk." On motion, the meeting adjourned. Carried. MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That temporary occupancy be allowed for the refreshment stand operating at 103 Ontario St. S. until such time as a minor variance has been approved by the Committee of Adjustment, at the risk and liability of the owner and subject to the owner vacating and removing the structure should the variance not be approved. That the following be approved with regard to Road Closure Application LA 95/01/W/JW -portion of Fairway Crescent (formerly Woolner Drive): That the Legal Department and General Services and City Clerk's Department be instructed to proceed with the ordering of a reference plan, preparation of a By-law and necessary advertising in the local newspaper for the closing of a 320 square metre portion of Fairway Crescent opposite Block 48, Registered Plan 1798, as shown generally on Map A attached. The title of the land is to be conveyed in its entirety to the abutting land owner, Dr. K.W. Fung, subject to the following conditions: That a reference plan be completed and deposited prior to the passing of the road closure by-law. That the abutting land owner be responsible for all costs related to relocation of Bell telephone facilities situate on the subject lands, or alternatively that an easement be granted in favour of Bell Canada for the existing cable and duct facilities located on that portion of Fairway Crescent to be closed. That the abutting land owner be responsible for all the costs related to survey, legal, registration and advertising associated with the closure of the road. That the abutting land owner pay fair market value as determined by the City's Land Purchasing Officer, for that part of Fairway Crescent to be closed. That Demolition Control Application DC 95/5/K/RM (Jim McPherson Holdings Ltd.) requesting approval for the demolition of two single detached dwellings located at 4567 & 4575 King Street East legally described as Part Lot 24, Beasley's Broken Front Concession be approved. It is the opinion of this Committee that approval of this application is proper planning for the City, and further, That for clarification sentence two of bullet two on page 2 of PD Report numbered 95/83 discussing Demolition Control Application DC 95/5/K/RM for 4567 & 4575 King Street East should read, "The subject properties front onto King Street East and are surrounded by residential developments, scattered commercial developments and open space". (As Amended) 4. 1. That City Council approve Municipal Plan Amendment Application MPA 95/2 (City of Kitchener), attached to Staff Report PD 95/25 being an amendment to the Municipal Plan to: (i) Amend Part 3, Section 12, Special Policy 16 by deleting it in its entirety and replacing it with the following wording: "16 Spadina Avenue West Notwithstanding Part 3, Sections 3.1.2 (Low Rise Residential) and 3.2 (Locational Criteria for Non-Residential Uses) a hospital, health office, health clinic, medical laboratory, social services establishments and a personal service establishment shall also be permitted uses within the Low Rise Residential District designation which applies to the lands at 40, 64 and 66 Spadina Avenue West." PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 4. Cont'd (ii) Amend Map 8, "Special Policy Areas" to identify 40, 64 and 66 Spadina Avenue West as Special Policy Area as shown on the Schedule "A" attached to Staff Report PD 95/25 and, SEPTEMBER 25, 1995 COUNCIL MINUTES - 493- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 493- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Amend Map 5, "Land Use Plan" to change the land use designation from Low Rise Residential District to Medium Rise Residential District as shown on the Schedule "B" attached to Staff Report PD 95/25. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. That Zone Change Application 95/19/SM/BN (City of Kitchener) requesting change in zoning be approved; in the form shown in the attached Proposed By-law dated August 9, 1995, without conditions. (a) from Residential Seven Zone (R-7) to Residential Six Zone (R-6) on 30, 50 and 60 Westmount Road West, legally described as Block A, Register Plan 917, Part Block G & F Part Lot 201 Streets and Lanes Register Plan 1182 Part Lots 36 & 37 of Register Plan 786 & Part Lot 20 G.C.T. (b) from Residential Seven Zone (R-7) to Residential Eight Zone (R-8) on 359 and 367 Highland Road West legally described as Part Lot 1, Register Plan 882. (c) from Residential Five Zone (R-5) to Residential Four Zone (R-4) on 16, 20, 22, 26 and 28 Winslow Drive, legally described as Lots 21, 22, 23 & 24, Part Lots 1, 2, 3, Register Plan 230. (d) from Residential Eight Zone (R-8) to Residential Nine Zone (R-9) on 1061 Queen's Boulevard, legally described as Lot 1, Reg. Plan 786. It is the opinion of this Committee that the approval of this application is proper planning for the City and is in conformity with a recommended Amendment to the City's Municipal Plan. That staff be directed to investigate the feasibility of instituting a Residential Parking Permit Program (RPPP) in the vicinity of the St. Mary's Hospital. That the following Staff recommendation contained in Planning and Development Staff Report PD 95/25 (St. Mary's Hospital Neighbourhood) be deferred and referred to the Department of Public Works for preparation of a report discussing the proposal and funding options for consideration by the Planning and Economic Development Committee at its October 2, 1995 meeting: "That Council consider various funding options for the provision of installing curbs and sidewalks on Marlborough Avenue provided the residents affected are in agreement with this proposal and that the Department of Public Works be directed to report back to Council on this matter as part of the Capital Budget, and further, That the Traffic Division and the Department of Public Works be requested to investigate additional possible safe alternatives to sidewalks with respect to student school travel routes." (Dealt with under Delegations and Carried, As Amended) PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. (1) That Council receive the Huron Park Adjacent Land Use Study. Inc., December, 1994. Geomatics International SEPTEMBER 25, 1995 COUNCIL MINUTES -494- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 494- CITY OF KITCI:IENER (2) (3) (4) (5) (6) (7) (8) (9) REPORTS ADOPTED BY COUNCIL That Council approve the recommendations in Planning & Development Staff Report PD 95/82 concerning Municipal Plan Amendment MPA 95/1 and Zone Change Application 95/17/HNL. That Council request staff from the Department of Planning and Development and the Economic Development Division to undertake consultation with property owners and industrial businesses in the existing developed Business Park (B-l) zoned lands east of the Huron Natural Area with the objective of deleting the prohibited uses as outlined in ZC from properties that could impact on the Huron Natural Area. That Council defer approval of the Strasburg Creek Master Watershed Addendum to enable discussion between the K-W Homebuilders and MNR, GRCA and Public Works to take place. That Site Plan Approval conditions for all lands within the Huron Business Park be amended to require the minimum asphalt paving of areas used for vehicle servicing/repair and vehicle storage where such storage is associated with vehicles undergoing repair and for all loading/unloading areas and transfer areas. That the City's Guidelines Governing Landscape Plan Requirements be amended to address the issue of the spread of exotic plant species into woodlands and natural areas through consideration of the incorporation and application of the Region of Waterloo Policy, Plantin.q Alien Species In or Adjacent to Environmentally Sensitive Policy Areas EEAC-92- 11. That City Council request staff to prepare a report on the approach, costs and opportunities to undertake additional research and study within the Strasburg Creek Subwatershed, including the Huron Natural Area, on such matters as hydrogeology; ground water recharge/infiltration; groundwater flow and contaminant transport modelling; soil, vegetation and wildlife management plans; and natural area Master Planning. That the City Environmental Committee, in conjunction with the Huron Strasburg Natural Park Conservation Project, establish a post development Long-term Monitoring Program for the Strasburg Creek Subwatershed. That the City Environmental Committee, in conjunction with the Environmental Study Group, implement an educational outreach/stewardship program covering both new and existing development within the Strasburg Creek Sub-watershed and in particular, those new and existing residential and industrial developments imparting on the Huron Natural Area. 7. a) That Municipal Plan Amendment Application 95/1 (City of Kitchener) attached to Staff Report PD 95/82 proposing the addition of a new policy to Part 3, Section 5.3 of the Municipal Plan to prohibit those uses outlined in Part 3, Policy 5.1.5 of the Municipal Plan and include an asphalt paving plant, manufacturing of organic chemicals, paints and varnish, soaps and detergents and resins and coatings, and the deletion of stamping or punch pressing of metal, be approved. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd COUNCIL MINUTES SEPTEMBER 25, 1995 - 425- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 425- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL b) That Part 3, Section 12 of the Municipal Plan is amended by adding a new Special Policy 12.26, Part 3 as outlined in the attached Amendment, and that the legend on Map 8 of the Municipal Plan is hereby amended to add "26. Huron Community - Residential/Open Space" and an associated colour key. Map 8 is also amended to identify the area subject to Special Policy 26 in the associated colour as illustrated on the attached Schedule A. It is the opinion of this Committee that approval of this Amendment to the Municipal Plan is proper planning for the City. c) That Zone Change Application 951171HNL (City of Kitchener) requesting a change in zoning from Business Park Zone (B-l) to Restricted Business Park Zone (B-2) with special use provision #211 adding asphalt paving plant, the manufacturing of organic chemicals, paints and varnish, soaps and detergents and resins and coatings as prohibited uses, and deleting stamping, blanking or punch pressing of metal as a prohibited use, all according to By-law 85-1, be approved, in the form shown in the proposed By-law attached, dated Au.qust 18, 1995. It is the opinion of this Committee that approval of this application is proper planning for the City and is in conformity with a recommended Amendment to the City's Municipal Plan. That the Department of Public Works be requested to prepare a report for consideration by the Public Works and Transportation Committee which outlines the City's policy/practices in respect to the location of water lines/gate boxes and addresses locating same in lawns rather than driveways in order to lessen future maintenance costs. COMMUNITY SERVICES COMMITTEE - That, pursuant to Policy No. 1-610 (Fencing-Walkway), we reimburse the owner of the property known municipally as 1454 Queen's Boulevard for 50% of the cost of installing the 6' high wooden fence between that property and the City owned public walkway. That the draft by-law, to amend Chapter 210 (Cemeteries - Municipal) of the City of Kitchener Municipal Code, as considered by the Community Services Committee on September 18, 1995, be presented to Council for consideration and enactment at their meeting of September 25, 1995. That we approve the request of the Waterloo Regional Labour Council for an in-kind facility rental grant, in the amount of $333.96, for their use of the Breithaupt Centre on September 23, 1995 for a dance. That we accept, for information, the Rockway Gardens Master Plan, as presented to the Community Services Committee on September 18, 1995. That the Parks & Recreation Department proceed with the construction of the Community Trail extending from Stoke Drive westerly along the Henry Sturm Greenway, located on the north side of the creek; and COMMUNITY SERVICES COMMITTEE - (CONT'D) SEPTEMBER 25, 1995 COUNCIL MINUTES - 4~6- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 426- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That this community trail be constructed to City Standards of 3 m wide and surfaced in stonedust, and further That the existing encroachments of unauthorized tree and shrub planting be relocated in such a manner as to provide clear access through this area for public use along the trail, provide for future stream and park maintenance operations and provide visual screening of the new trail from nearby residential properties. That we approve the request of the Take Back the Night Committee for an in-kind facility rental grant and in-kind services grant totalling $491.67 to cover the costs of using the City Hall Rotunda and 50% of bus rental for their event to take place on September 21, 1995. That Traffic, Transit and Parks & Recreation staff investigate the possibility of subsidizing bus transportation for social assistance recipients to travel downtown for the Christmas light display in Victoria Park. (As Amended) FINANCE AND ADMINISTRATION COMMITTEE - That effective January 1, 1996, and subject to negotiation of a satisfactory contract, Proposal P95- 65 (Operation of a Cafeteria - Kitchener City Hall) be awarded to Kitchener Dairies Ltd., Kitchener, at their proposed pricing arrangements and with an estimated annual cost to the City of $2,300.00, and further, That the current contract with Versa Services Ltd., relative to operation of the cafeteria be terminated on December 31, 1995. That the Ontario March of Dimes be granted permission to operate a Wheel of Fortune and sell Break-Open Tickets at Queensmount Arena, 1260 Queen's Blvd., Kitchener, during Oktoberfest, October 6, 7, 13 and 14, 1995. That the K-W Sexual Assault Centre be granted permission to operate a Charitable Refreshment Stand at Civic Square on September 21, 1995, provided the necessary Licence and Health approvals are obtained. That the City of Kitchener United Way Committee be granted permission to operate a Charitable Refreshment Stand at Civic Square on September 15, 1995, provided the necessary Licence and Health and Fire approvals are obtained. That Section 3 of City of Kitchener Policy Number 1-580 be deleted and the following substituted therefore: "That the maximum prize board per bingo event be established at $3,000.00, and, That effective October 1, 1995 staff be authorized to approve, on a trial basis, four (4) bingos having prize boards of $5,500.00 at each premises where bingos are presently held, all to be within a 12 month period beginning October 1, 1995 and ending September 30, 1996, and further, That any changes to the above be referred to the Twin Cities Committee to facilitate discussion between Kitchener and Waterloo and that any increased permanent prize board be agreed to by both Councils prior to implementation.", and further, That the matter of bingo prize boards be reviewed after one year by the Twin City Committee. COUNCIL MINUTES SEPTEMBER 25, 1995 - 4~7- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 4~7- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) That the existing arrangement of providing free parking for those employees who require their vehicle to perform their regular duties, as set out in Option #1 of Traffic and Parking Division Report DOPWR-95-40, be maintained, and further, That a fair and equitable monthly parking rate reduction of $20.00 be offered to City Hall employees who choose to drive to work, as set out in Option #3 of the same report. (Motion Lost) That to assist in the rental of commercial space in Downtown office buildings where parking may be an issue, the City provide a discount on regular monthly parking rates as follows: * 1 to 3 spaces - full rate applies * 4 to 6 spaces - 15% discount on all spaces * 7 to 12 spaces - 20% discount on all spaces * More than 12 spaces - 25% discount on all spaces, and, That this policy not be retroactive and apply only to new requests for bulk monthly parking where the monthly parkers are willing to commit to a three year lease with the City, and further, That staff actively enforce the prohibition on the use by monthly parkers of spaces allocated for business customers. That Management Committee evaluate a possible reduction in bus fares for City staff using Kitchener Transit to get to work, this being a companion initiative to the recommended reduction in parking rates at City owned facilities, and also address the possible relationship between this initiative and the Transit Marketing Plan. (Recommendation referred to the Environmental Committee for consideration in relation to an overall Transportation Incentive Policy) That the City of Kitchener adopt the draft Tobacco Control By-law put forward by the Regional Tobacco By-law Review Committee pending further discussion at the Regional level and on the understanding that Kitchener will have an opportunity to review and comment on any amendments proposed by other municipalities in the Region. 10. That Finance staff amend the schedule for the 1996 Budget Review to reflect no meetings after December 13, 1995, and that a meeting is to be held on December 11, 1995 with an alternate date of December 13, 1995. 11. WHEREAS, the newly elected Provincial Government has clearly indicated its intent to significantly reduce government spending, AND WHEREAS, we have already evidenced subsidy and transfer cuts, AND WHEREAS, these revenue reductions will likely intensify over the term of this government for various programs and organizations that in part rely on Provincial funding, AND WHEREAS, these departments and organizations may request replacement funding from Council, AND WHEREAS, we must continue to hold the line on tax increases, COUNCIL MINUTES SEPTEMBER 25, 1995 - 428- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 428- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 11. (Cont'd) THEREFORE BE IT RESOLVED, that the City of Kitchener adopt a policy guideline that it will not provide replacement funding, that results in a net 1996 increase in the levy, for programs or organizations that have experienced Provincial cutbacks. (As Amended) 12. That the City of Kitchener fund an Employee Computer Purchase Plan for staff of the Kitchener Public Library, with the Plan to be similar to that currently in place for City of Kitchener employees, and further, That the cost of providing this funding by the City is to be charged against the operating account of the Kitchener Public Library at a rate of interest equivalent to that earned by the City on its temporary investment funds. (Action deferred and referred to the October 2, 1995 meeting of Finance and Administation Committee) 13. That Councillor T. Galloway represent the City of Kitchener at the Third Local Government Leaders Summit on Climate Change and meeting of the International Council for Local Environmental Initiatives to be held in Saitama, Japan, October 24-26, 1995, on the understanding that all costs are to be paid by the Japanese government, save and except those involving transportation to and from the Toronto airport. 14. That Transit Division staff prepare a report for consideration at the October 2, 1995 Public Works and Transportation Committee meeting responding to the Transit statistics outlined in the presentation of the City's Audited Financial Statement at the September 18, 1995 Finance and Administration Committee meeting. 15. That Council accept the Treasurer's Report and Audited Financial Statement for the year 1995 as prepared by the Commissioner of Finance and the City's external auditors, Ernst and Young, and presented to the Finance and Administration Committee on September 18, 1995. 16. That the firm of Ernst and Young be re-appointed as auditors for the City of Kitchener, its Boards and Municipal Enterprises for the years 1996 to 1997 and that Council reconfirm the appointment of Ernst and Young as auditors for the current year of 1995. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - 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 307 Queen Street South, Kitchener (Bread & Roses), as outlined in his Designated Heritage Property Alteration Application, dated September 1, 1995 and considered by the Local Architectural Conservation Advisory Committee on September 15, 1995; and, That such approval for alteration include the removal of the steel fire escape on the west elevation of the building and the removal of the steel ladder on the east elevation of the building; and further That the removal of the other items protruding from the masonry of the building be agreed to by the owner and the L.A.C.A.C. sub-committee. COUNCIL MINUTES SEPTEMBER 25, 1995 - 429- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 429- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That, pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to alter the designated property at 191 King Street West (National Trust) by erecting a fence in front of the window on the ground floor level of the King Street elevation; with the specific design of the fence to be agreed to by the L.A.C.A.C. sub-committee and the owner. LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE - (CONT'D) That we request the archeologist from Wilfrid Laurier University to record the exposed mill race at 1252 Doon Village Road; with the fee of $350.00 to be paid from the L.A.C.A.C. budget. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the limitation of Transit service on Route #1 - Belleview Avenue as approved by City Council on October 24, 1994, be continued, and further, That Transit staff be instructed to undertake a survey of riders and residents in the Belleview Avenue area to determine the acceptability of the existing level of Transit service, and further, That a report in this regard be filed with the Public Works and Transportation Committee on November 6, 1995. That the staff of the Legal Department and the Traffic and Parking Division of the Department of Public Works be instructed to prepare a comprehensive report outlining the benefits, concerns and ramifications of installing temporary speed bumps throughout the City for consideration by the Public Works and Transportation Committee at a later date. That the City of Kitchener pay for the installation of traffic control signals, in 1995, at the intersection of Kingsway Drive and Wilson Avenue, on the understanding that the Regional Municipality of Waterloo will reimburse the City of Kitchener, in 1996, 100% of the costs incurred to install the facilities, and further, That an over-expenditure of $65,000.00 for the cost of installation of the signals be charged to "New Signal Installation" Account #951010. That parking be prohibited on both sides of Hickory Heights Crescent, Monday to Friday, 8:00 a.m. to 4:00 p.m., from Elm Ridge Drive to a point 72 metres west of Forest Hill Drive, and further, That the Uniform Traffic By-law be amended accordingly. That the speed limit on Kingswood Drive, from Block Line Road to Strasburg Road, be reduced to 40 km/h, and further, That the Uniform Traffic By-law be amended accordingly. COUNCIL MINUTES SEPTEMBER 25, 1995 - 430 - 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 ACTING CHIEF ADMINISTRATIVE OFFICER - Banner Request It was resolved: "That in conjunction with 20 years of community service to be celebrated January 1996, the Better Business Bureau of Mid-Western Ontario Inc. be granted permission to have a banner erected on King Street at Frederick/Benton Streets from Monday, January 8, 1996 to Sunday, January 28, 1996 inclusive. Further, that arrangements be made with the City's Contractor for erection of the banner and the payment of any costs associated therewith." 2. Transfer of One Foot Reserve - SOUTH WARD Councillor T. Galloway pointed out that the City has been encountering problems with Ontario Realty Corporation which is developing lands in the area of Erinbrook Drive and it was his view that there appears to be no co-operation to resolve these development problems. He questioned if the City could hold the request to transfer the one foot reserve so as to obtain action from Ontario Realty Corporation on these other matters. Mr. J. Shivas advised that he had received the request and had prepared the staff recommendation without knowledge of the problems referred to by Councillor Galloway. Mr. Shivas stated that in light of this he would suggest that the staff recommendation be deferred. Mr. T. Clancy confirmed that the Department of Parks and Recreation was having a number of problems with the developer. On motion by Councillor T. Galloway, It was resolved: "That we defer consideration of a transfer in favour of Ontario Realty Corporation (formerly known as the Ministry of Government Services and Ontario Land Corporation) for part of one foot reserve Block X, Registered Plan 1441 designated as Parts 1, 3, 4, 5, 6, 7 and 8, Plan 58R-9833 to be consolidated with Lots 34, 35, 36, 37, 38, 39 and 40 respectively, to provide frontage on and access to Erinbrook Drive, and further That the Department of Parks and Recreation and the Legal Department commence discussion with Ontario Realty Corporation to seek resolution of ongoing problems with the developer of Country Hills West (Glencairn) prior to transfer of the one foot reserve being considered by City Council." 3. Consents It was resolved: "That the City consent to a lease between 1106305 Ontario Ltd. and K-W Triple J Tooling Inc. for the property described as Part 13 on Reference Plan 58R-7426 and municipally known as 121 Washburn Drive, Kitchener." -and- COUNCIL MINUTES COUNCIL MINUTES SEPTEMBER 25, 1995 - 431- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 431- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL SEPTEMBER 25, 1995 - 431 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Consents (Cont'd) "That the City consent to a transfer from Twingate Construction Ltd. to Armin Hau c.o.b. as Armin Hau Promotion of the property described as Unit 11, Waterloo North Condominium Corporation Plan 170 and municipally known as 11-62 McBrine Place, Kitchener." -and- "That the City consent to a transfer from Gerald Snider and David Turek to Neilson Group Inc. of the property described as Part 2 on Reference Plan 58R-4735 and municipally known as 139 Hollinger Crescent, Kitchener, conditional upon the completion of the garbage enclosure, asphalt paving and landscaping by October 25, 1995." 4. Licenses It was resolved: "That the Grainharvest Breadhouse be granted permission to operate a refreshment stand at the Willkommen Zentrum from October 6-14, 1995, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That the City of Kitchener has no objection to a Lottery Licence being issued to the Kitchener Waterloo Gymnastics Club to conduct a Raffle Lottery at their office on 805 Victoria Street South, Kitchener, on December 9, 1995." -and- "That St. Matthews Lutheran Church, 54 Benton Street, Kitchener, be granted permission to operate a refreshment stand, in front of the Zehrs at Zehrs Hiway Market, Kitchener, on November 3-5, 1995 (inclusive), provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That El Shaddai Outreach Ministries Inc., be granted permission to operate a refreshment stand, in front of the Zehrs at Zehrs Hiway Centre, Kitchener, on October 19- 21, 1995 inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." - and - "That El Shaddai Outreach Ministries Inc., be granted permission to operate a refreshment stand and sell helium-filled balloons, outside of the Dutch Boy on Weber Street, Kitchener, on October 7, 1995, provided that the necessary Licence and Health, Fire and Police approvals are obtained." SEPTEMBER 25, 1995 COUNCIL MINUTES - 439- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 439- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL -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 December 18-20, 1995, inclusive; providing that all proceeds from this event are used for the non-adult members of the band." -and- COUNCIL MINUTES SEPTEMBER 25, 1995 - 432 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Licenses (Cont'd) "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." -and- "That ACCKWA: The AIDS Committee of Cambridge, Kitchener, Waterloo and Area be granted permission to sell t-shirts in Victoria Park on October 1, 1995, provided that the necessary Licence and Police approvals are obtained." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Waterloo Regional Synchronized Swimming Club, 223 Lakeside Drive, Kitchener, N2M 4C7, to conduct a Monte Carlo event at the Valhalla Inn, 105 King Street East, Kitchener, on November 21-23, 1995 inclusive." -and- "That RAISE Home Support Services be granted permission to conduct an art show and auction at the Valhalla Inn in Kitchener on November 12, 1995, provided that the necessary licences are obtained." -and- "That Mrs. Venelli's Restaurants Ltd. be granted permission to operate a refreshment stand at the Willkommen Zentrum from October 6-14, 1995 inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." 5. Quit Claim Deed - ROCKWAY-ST. MARY'S WARD It was resolved: "That the Mayor and Clerk be authorized to execute a quit claim deed from the City to the Estate of Joseph A. Zettel/Zettel Manufacturing Limited for the property described as SEPTEMBER 25, 1995 COUNCIL MINUTES - 433- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 433- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL Parts 1, 2, 3 and 4 on Plan 58R-3516, save and except Parts 1, 2 and 3 on Plan 58R- 8722 and municipally known as 170 Borden Avenue South, Kitchener." Licensinq Aqreement It was resolved: "That the Mayor and Clerk be authorized to execute a Licensing Agreement dated September 18, 1995 to allow the Lions Club of Kitchener to use the Queensmount Arena during Oktoberfest from September 23, 1995 to October 15, 1995 for rent in the sum of $7,500.00." COUNCIL MINUTES SEPTEMBER 25, 1995 - 433 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - CONT'D 7. Sale of Surplus Land - SOUTH WARD It was resolved: "That the City of Kitchener accept the offer from Mrs. Doris Agnes Pfeiffer, owner of 75 Pinnacle Drive, Kitchener to purchase for the sum of $1,000.00 about 23 square metres of vacant City land, adjacent to her property and designated as Part 3, Plan 58R-6355." 8. Minor Variances (Siqn) - STANLEY PARK/CHICOPEE/SOUTH WARDS It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of August 22, 1995, recommending approval of Submission Nos. S 14/95 - Victoria Star Motors and S 16/95 - Dalmat Investments Limited - Be Ratified and Confirmed; and further That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of August 22, 1995, recommending refusal of Submission No. S 15/95 - Waterloo Regional Credit Union - Be Ratified and Confirmed." 9. Port Royal, Nova Scotia - Resolution It was resolved: "That no action be taken on the request from the Municipality of Annapolis County, Nova Scotia, requesting support of Council by resolution to have Port Royal, Nova Scotia depicted on the $2 coin being minted to replace the present $2 bill." SEPTEMBER 25, 1995 COUNCIL MINUTES - 434- CITY OF KITCHENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 434- CITY OF KITCHENER 10. 11. REPORTS ADOPTED BY COUNCIL Reallocation of Funds It was resolved: "That approval be given for the reallocation of existing capital funds from the following projects to pay for an estimate $53,400 overexpenditure in the Transit Operations System (TOS) project. Subject to MTO approval, the two accounts should provide sufficient funds for the overexpenditure, including a contingency amount. Index# Pr~e~ Budget Amount 935097 935098 Easy Access Features Electronic Destination Signs $40,000 (City 25%-MTO 75%) $32,000 (City 100%)." Kinq/Betzner Parkette - VICTORIA PARK WARD It was resolved: "That $20,000. be transferred from the Downtown Revitalization Account to the King/Betzner Parkette Project." COUNCIL MINUTES SEPTEMBER 25, 1995 - 434 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - CONT'D 12. Monte Carlo Request Councillor T. Galloway objected to a request from the Waterloo Minor Ringette Association to hold a Monte Carlo event in Kitchener. He commented that companies were carrying on this activity as a business and that it was inappropriate that they were looking for sites within Kitchener for Waterloo organizations. Councillor K. Redman pointed out that the City has a policy allowing only organizations with a "physical presence" in Kitchener to become licensed for lottery events being held in Kitchener and questioned why Council keeps waiving the policy. On motion, It was resolved: "That the request received from the Waterloo Minor Ringette Association for Council's permission to hold a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener, on October 27-29, 1995 be deferred and referred to the Finance and Administration Committee meeting being held October 2, 1995." 13. Tender SEPTEMBER 25, 1995 COUNCIL MINUTES - 435- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 435- CITY OF KITCI:IENER 14. REPORTS ADOPTED BY COUNCIL It was resolved: "That tender T95-62, King Street East Construction (from Sportsworld Drive to 275m North of Sportsworld Drive), be awarded to Clearway Construction Inc., Maple, Ontario at their tendered price of $237,753.21 (including G.S.T. and P.S.T.)." Debenture Financinq - 1995 The Committee was in receipt of a memorandum dated September 25, 1995 from Mr. O. den Ouden, advising that the Region of Waterloo has requested that clause 16 of the February 10, 1995 report of the Finance and Administration Committee be amended to provide for a debenture term not to exceed 20 years. On motion, It was resolved: "That clause 16 of the Finance and Administration Committee report adopted by City Council at its meeting of February 10, 1995 be amended to include reference to said debentures having a term not exceeding 20 years and that the motion as amended read as follows: 'That $1,385,000 of debenture financing be approved for the following projects included in the Capital Forecast for the year 1995; said debentures having a term not exceeding twenty years: Project Tax Base Related: City Hall Urban Transit Buses Various Transit Projects Debenture Required $ 7,000 1,181,000 197,000 $1,385,000"' COUNCIL MINUTES SEPTEMBER 25, 1995 - 435 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE ACTING CHIEF ADMINISTRATIVE OFFICER - CONT'D 15. Civic Celebration Refreshment Stand Licence The Committee was in receipt of a memorandum from the Manager of Licensing, recommending approval of a request by Tim Horton's to have a full service trailer parked on the pad at Speakers Corners during Oktoberfest. It was noted in correspondence from Tim Horton's that the company was an accredited organization and sponsor of Oktoberfest. It was resolved: SEPTEMBER 25, 1995 COUNCIL MINUTES - 436- CITY OF KITCI:IENER COUNCIL MINUTES SEPTEMBER 25, 1995 - 436- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL "That Tim Hortons be granted permission to operate a refreshment stand at the corner of Frederick and King Streets on the pad at Speakers Corner from October 6-15, 1995, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." 16. In-Camera Meetinq - September 25, 1995 The Committee was in receipt of correspondence dated September 22, 1995 from the City Clerk requesting Council authorization to hold an in-camera meeting at the conclusion of the regular Council meeting this date in order to consider a matter involving solicitor/client privilege. It was resolved: "That an in-camera meeting of City Council be held at the conclusion of the regular Council meeting this date to consider a matter involving solicitor/client privilege."