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HomeMy WebLinkAboutCouncil Minutes - 1996-02-26COUNCIL\1996-02-26 FEBRUARY 26, 1996 COUNCIL MINUTES CITY OF KITCHENER The Council of the City of Kitchener met this date with all members present, except Councillor M. Yantzi. The meeting began with the singing of "O Canada" by the Westheights Public School Enrichment Choir (Grades 7 and 8) under the direction of Lynn Langford-Berry, following which Councillor G. Lorentz thanked the Choir on behalf of Council. On motion by Councillor K. Redman, the minutes of the regular meeting held February 12, 1996, and special meetings held February 19 and 21, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letter from the Town of Ajax and the Cities of Barrie, Brampton, Guelph, London, North York, Scarborough and Windsor acknowledging receipt of Council's resolution requesting an amendment to Bill 26 regarding the regulation of dangerous or restricted animals. In accordance with instructions received, copies of each of these letters have been provided to all members of Council. (b) Letter from the Economic Developers Council of Ontario Inc. advising that Ms. Valerie Gibaut has been elected as a Director and an Executive member of this organization. (c) Letter from the City of Nepean requesting Council's support for stricter legislation in an attempt to control the crime of impaired driving. Mr. L. Gordon, Manager of Purchasing, appeared as a delegation to answer any questions regarding the tenders listed on the Committee of the Whole agenda of this date. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That proposal P95-89, Refrigeration Upgrades - Kitchener Farmers' Market, be awarded to Action Air Conditioning and Refrigeration Inc., Waterloo at their proposed price of $235,241. (G.S.T. extra)." Carried. Mr. Philip Hewitson and Captain Lee Graves were in attendance in support of Planning and Economic Development Committee recommendation #7 concerning revisions to the Country Hills West Community Plan and a Zone Change Application (Salvation Army). Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That Clause #7 of the Planning and Economic Development Committee report of this date be adopted." Carried. Councillor T. Galloway thanked Mr. Zyg Janecki and the proponents of the Community Plan amendment and Zone Change Application for their efforts in resolving these matters. Council was in receipt of a report and recommendation from Ms. L. Bansen, Human Resources Officer - Labour Relations, regarding a Memorandum of Settlement in connection with the Collective Agreement with the Canadian Auto Workers Union Local #4304. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That Council approve the terms and conditions contained in a Memorandum of Settlement dated February 22, 1996, in connection with the 1996-1998 Collective Agreement with the Canadian Auto Workers Union Local #4304, and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." FEBRUARY 26, 1996 COUNCIL MINUTES - 75- CITY OF KITCHENER Carried. Mr. T. McKay extended thanks to Rudy Grosz (President of CAW Local #4304) and Wayne McKay (Area Director - CAW) for their efforts in facilitating the speedy return to work of the Transit drivers once an agreement was reached. Mayor R. Christy asked that they convey Council's thanks to the Union membership. Councillor K. Redman also extended thanks to the management negotiating team, citing in particular Ms. L. Bansen, Mr. D. Paterson and Mr. T. McKay. Councillor C. Weylie referred to a memorandum from Ms. V. Gibaut, Director of Economic Development, requesting that Clause #1 of the Planning and Economic Development Committee report of this date be deferred and referred to the March 4th Committee meeting. Moved by Councillor C. Weylie Seconded by Councillor J. Ziegler "That the report of the Planning and Economic Development Committee of this date be adopted." Councillor T. Galloway inquired as to the process to be followed with regard to Clause #3 (Subdivision Application - Max Becker Enterprises Limited). Mr. T. McCabe replied that, at present, the onus is on the developer's engineering consultant who will prepare the necessary report for consideration by the Public Works Department. He added that, following the City review, a meeting will be convened with the consultant and that, once there is dedication of the alignment, the subdivision can be approved by the General Manager of Planning and Development. Mr. McCabe pointed out that if there is disagreement over the engineering matters, the issue may have to be brought before the Public Works and Transportation Committee. The Planning and Economic Development Committee report of this date was then put to a vote. Voted on Clause by Clause. Clause #1 - Action deferred and referred to the March 4, 1996, Planning and Economic Development Committee meeting. Clause #7 - Dealt with under delegations and Carried. 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 requested that Clause #6 be dealt with separately, and the report was then voted on. Voted on Clause by Clause. Clause #6 - Carried. Balance of Report - Carried. Councillor J. Ziegler asked that Clause #6 of the Finance and Administration Committee report of this date be amended to direct that staff inform the Wagon Wheel Flea Market of the date the license issue will be dealt with by the Finance and Administration Committee, and in this regard to provide a copy of the staff report prior to the meeting. 3. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration Committee of this date be adopted." Councillor G. Lorentz referred to Clause #4, and inquired whether any of the organizations who had not FEBRUARY 26, 1996 COUNCIL MINUTES - 76- CITY OF KITCHENER filed outstanding bingo paper work had come forward since the Committee meeting. He asked that members of Council be informed by E-Mail in this regard. The report of the Finance and Administration Committee was then voted on. Voted on Clause by Clause. Clause #6 - 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." Councillor G. Lorentz referred to Clause #2 of the report involving a reduced speed limit on Driftwood Drive and noted that there are additional concerns and that a proposal involving crossing guards will be brought forward next week. He referred to a speeding problem in many areas of the City and suggested Council act more creatively in dealing with the problem. Councillor Lorentz suggested approaching the Ministry of Transportation for permission to implement photo radar on residential streets, or alternately, to investigate whether the City has or can acquire the legislative authority necessary to allow City staff to issue speeding tickets. Councillor Lorentz referred to speeding as a serious problem in suburban areas of the City, which will not be alleviated by simply lowering speed limits. He also referred to problems inherent in the design of Driftwood Drive which have a bearing on the speeding problem. Councillor J. Ziegler pointed out that photo radar is currently not acceptable to the Province. Councillor G. Lorentz suggested that the City forward a letter to the Province to determine the status of photo radar and indicated his preference that Kitchener start this process itself as soon as possible. Councillor Ziegler indicated that he would not support photo radar as, in his opinion, it is too anonymous a process and that it is more effective to be caught at the time a speeding incident occurs. He agreed that the City should pursue a possible expansion of jurisdiction to allow for the issuing of speeding tickets by municipal staff. Councillor M. Wagner also pointed out that the City of Guelph has made overtures to the Province concerning the use of photo radar, and he further suggested a request to change the existing fine structure. Councillor Jake Smola rose on a point of order and asked that the motion on the floor dealing with the Public Works and Transportation Committee report be dealt with before any further discussion of the photo radar and ticketing initiatives proposed by Councillor G. Lorentz. Councillor G. Lorentz referred to Clause #3 of the Public Works and Transportation Committee report of this date, dealing with the City's priority ranking relative to the Region of Waterloo's 1996 Roads Program. He questioned whether additional items should be added to the list in the event Items #9 and #10 do not proceed. Mayor R. Christy pointed out that the two items referred to by Councillor Lorentz are subject to public input. Mr. T. McKay added that, in his estimation, it is unlikely that more than 5 or 6 of the 10 projects listed could be completed, and reminded Council of the traditional priority ranking of the City as regards roads which indicates that repairs to existing roads are dealt with first, extension of these second, and new road construction third. Councillor T. Galloway suggested that the ranking and number of projects remain as outlined in Clause #3, and expressed his hope that the Region would take into consideration the amount of money that would be saved in the event the Benton Street extension is not constructed, and expedite other City projects accordingly. Councillor Jake Smola pointed out that the system expansion along a portion of Ottawa Street is needed to extend bus routes to subdivisions which have been in place for approximately 15 years, and also to increase emergency response time. Councillor T. Galloway noted that intersection improvements at King and Victoria Streets had originally been budgeted as part of the Regional Infrastructure Project and are now in the Capital Fund. He questioned whether Kitchener had previously allocated funding in this regard and Mr. McKay responded in the negative, noting that it is part of the Regional program. The Public Works and Transportation Committee report of this date was then voted on and Carried. FEBRUARY 26, 1996 COUNCIL MINUTES - 77- CITY OF KITCHENER Moved by Councillor G. Lorentz Seconded by Councillor M. Wagner "That the City correspond with the Minister of Transportation, the Honourable Al Paladini, concerning any opportunities for municipalities to take advantage of photo radar or similar technologies to discourage speeding on municipal roads." Carried. At the request of Councillor G. Lorentz, Legal Department staff were directed to provide an opinion as to the possibility of municipal By-law Enforcement Officers issuing speeding tickets. Councillor T. Galloway referred to the legal disputes recently resolved with regard to the Ottawa Landfill Site and suggested that it is now time to revisit the City's plans for this facility. Council directed staff of the Legal Department to revisit their previous advice and report on any issues relating to development of the facility, and staff of the Parks and Recreation Department to revisit previous development plans. Both staff reports are to be directed to the Community Services Committee for consideration. Mr. T. McKay advised that discussions in this regard would take place with the Region as well. Mayor R. Christy asked that information also be obtained as to how other municipalities have dealt with development of redundant landfill sites. Councillor T. Galloway advised of the K-W Hospital fundraising campaign which is presently underway and has a target of $28.2 million, $10.5 million of which has been raised to date. Councillor M. Wagner advised of an upcoming tour of the Governor's House and Jail, arranged for February 28, 1996 at 2:30 p.m., and invited members of Council to attend. Councillor C. Weylie referred to earlier concerns expressed by Mr. T. Clancy concerning the Potato Drive for the House of Friendship, and Mr. T. McKay advised that staff have been advised of the event and asked to participate. Mayor R. Christy advised that on February 27th at 5:30 p.m. the "Celebrating Success" event will be held at the Walper Terrace Hotel and be hosted by the Kitchener Downtown Business Association and the City. The event is intended to highlight accomplishments of the Mayor's Task Force on the Downtown and also to present the Downtown Retail Action Plan. Councillor Jake Smola inquired of Deputy Fire Chief B. Kuntz whether it is possible to set up public tours/educational events at Kitchener Fire Halls to coincide with delivery of new equipment, including defibrillators. Deputy Chief Kuntz replied that he would look into the matter and determine what could be implemented. Councillor G. Lorentz referred to a letter recently received by Mr. T. McKay from Susan Milne of the Kitchener Public Library Board, and asked for clarification. Councillor Jake Smola advised that the letter indicates the Library does not have the authority to implement user fees, but can implement a non- resident fee. Councillor Smola referred to issues he raised at a previous Board meeting, including investigation of the possible duplication of services between the Library and the City. It was noted that, at present, there are several areas of co-operation involving the two organizations. Councillor Smola also pointed out that the Board passed two resolutions involving non-resident user fees, the first voting down their implementation and the second requesting that a sub-committee report on the possible amount of such fees. Moved by Councillor T. Galloway Seconded by Councillor B. Vrbanovic "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to amend By-law Number 96-5 of The City of Kitchener respecting noise from residential air conditioning devices including heat pumps and other stationary sources (b) Being a by-law to amend By-law 85-1 - Ontario Realty Corporation - Erinbrook Drive and Waterford Road (c) Being a by-law to authorize the borrowing of $95,000,000.00 from January 1, 1996 to FEBRUARY 26, 1996 COUNCIL MINUTES - 78- CITY OF KITCI:IENER September 30, 1996 and $45,000,000.00 from October 1, 1996 to December 31, 1996 (d) To confirm all actions and proceedings of the Council and that the same be taken as read a first time and stand referred to the Committee of the Whole." Carried. On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor R. Christy appointed Councillor K. Redman as Chair. On motion, the Council rose from the Committee of the Whole and Mayor R. Christy occupied the Chair. 6. Moved by Councillor K. Redman Seconded by Councillor B. Vrbanovic "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 J. Ziegler Seconded by Councillor Jake Smola "That the by-laws listed on the agenda for third reading, namely: (a) (b) (c) Being a by-law to amend By-law Number 96-5 of The City of Kitchener respecting noise from residential air conditioning devices including heat pumps and other stationary sources (By-law No. 96-30) Being a by-law to amend By-law 85-1 - Ontario Realty Corporation - Erinbrook Drive and Waterford Road (By-law No. 96-31) Being a by-law to authorize the borrowing of $95,000,000.00 from January 1, 1996 to September 30, 1996 and $45,000,000.00 from October 1, 1996 to December 31, 1996 (By-law No. 96-32 (d) To confirm all actions and proceedings of the Council (By-law No. 96-33) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. FEBRUARY 26, 1996 COUNCIL MINUTES - 79- CITY OF KITCHENER MAYOR CLERK PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - That the City accepts, and the Mayor and Clerk be authorized to execute, an Offer to Purchase from Grerei Investment Limited with respect to lands composed of Part 1 on Reference Plan 58R- 10075, having a frontage of about 126 metres and an area of about 1.34 acres on Riverbend Drive; at the purchase price of $5,000 per acre, for a total purchase price of $6,700. (Action deferred and referred to March 4, 1996, Planning and Economic Development Committee meeting.) That the Demolition Application submitted for the former St. Jeromes High School property, 100 Duke Street West, be referred to the Local Architectural Conservation Advisory Committee for consideration and report to City Council. That consideration of Planning and Development Staff Report PD 96/13, Subdivision Application 30T-93005 (Max Becker Enterprises Ltd.), be deferred to allow the applicant to submit certain engineering reports to and analysis by the Department of Public Works followed by further negotiations before the matter is referred back to the Planning and Economic Development Committee. That Demolition Control Application DC 95/9/FIRM (Queen North Properties Ltd.) requesting approval for the removal of a single detached dwelling located at 51 Francis Street South legally described as part lot 129 and part lot 130, registered plan 375 be approved. It is the opinion of this Committee that approval of this application is proper planning for the City. That Planning & Development Staff Report PD 96/9, "Storm Water Management Facilities Design Principles", be tabled for information, and the Department of Planning and Development be directed to circulate to the K-W Home Builders Liaison Committee, the City's Environmental Committee, Development and Consulting Industry for input. That a City initiated Municipal Plan Amendment for Part 3, Section 2 of the City's Municipal Plan - 'Nodes and Corridors' be processed, it being understood that such processing not be construed as granting approval or refusal of the proposed amendment. 7. A. That the Country Hills West Community Plan be revised as follows: That Map 1 "Land Use" be revised to change the designation of the 2.643 hectare parcel of land situate at the southwest corner of Erinbrook Drive and Waterford Road from "Multiple Residential" (40 uph) to "Community Institutional" as shown on the revised Map 1 attached, dated January 1996. It is the opinion of this Committee that approval of this revision to the Community Plan is proper planning for the City. That Zone Change Application 95/18/E/ZJ (Salvation Army) requesting a change in zoning from Residential Six Zone (R-6) to Community Institutional (I-2) with Special Use Provision 217U and Special Regulation Provision 222R all according to By-law 85-1, on Blocks 128 and 129, Registered Plan 1819 be approved in the form shown in the "Proposed By-law" attached, dated December 20, 1995 without conditions. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 7. Cont'd 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. COUNCIL MINUTES FEBRUARY 26, 1996 - 81- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 26, 1996 - 81- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL (Dealt with under delegations and Carried.) That consideration of Zone Change Application 95/23/M/PMB (Mike Voll Investments Ltd., Midland Drive) be deferred and referred to the March 4, 1996 Planning and Economic Development Committee meeting. That Zone Change Application 95122/B/PMB (Margaret Zettel, 185-187 Borden Avenue South) requesting a change in zoning from General Industrial (M-2) with Special Regulation Provision 1 and Special Use Provisions 159 and 165 to General Industrial (M-2) with Special Regulation Provision 1 and Special Use Provisions 159 and 216 according to By-law 85-1, on Lots 174, 175 and 176, Plan 262, be approved in the form shown in the attached "Proposed By-law", dated January 5, 1996, 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. COMMUNITY SERVICES COMMITTEE - That the Mayor and Clerk be authorized to execute an agreement, satisfactory to the City Solicitor, with the Township of Wilmot, relating to the City of Kitchener providing aerial ladder protection in the Township of Wilmot, the term of the agreement to be for a period of three years. That the name of the "Art Acquisition Committee" be changed to "Public Art Committee" to better reflect the nature of its activity. That Council approve negotiations by the Art Acquisition Committee (Public Art Committee) to purchase or commission a piece of art for public viewing by the outgoing "Artist in Residence" each year with the Public Art Trust Fund being used as funds are available, and further, That the ceiling amount be ascertained each year and be determined by the availability of funds, other Public Art installations planned for the year and the nature of the artist's work. That improvements to Vanier Park be approved as the project for the $10,000 prize awarded to the Courtland Shelley Neighbourhood at the Festival of Neighbourhoods in September 1995. That the City of Kitchener accept the G.R.C.A. offer to transfer Kiwanis Park back to the City of Kitchener for the sum of $1.00, and further, That Council direct staff to pursue an operational agreement with the Twin Cities Kiwanis Club for redevelopment and ongoing operations of the park. That we approve a 1996 grant for the Race Relations Committee of Kitchener-Waterloo in the amount of $950.00. FINANCE AND ADMINISTRATION COMMITTEE - That a final $200,000.00 from the 1996 Capital Budget for the Downtown be allocated to the Downtown Building Facade / Interior Loan Program on the understanding that the funds in the Program can be sustained at $200,000.00 in annual loan activity without further capital contributions, and, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 1. Cont'd FEBRUARY 26, 1996 COUNCIL MINUTES - $2- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 26, 1996 - 82- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That the forgivable portion of the loan be set at 20% for both commencing with applications accepted after January 1, 1996, and, interior and exterior work That loans be kept at $200,000.00 annually with funds allocated in quarterly installments of $50,000.00 to improve the Program's cash flow, and, That Council adopt the following as the objective of the Downtown Building Facade / Interior Loan Program - "To serve as an incentive to upgrade and improve the exterior facade and interior space of commercial buildings located within the Downtown Community Improvement Area", and further, That the Program be reviewed again in July 1997, being the second anniversary of the creation of the Downtown Development Team. That with regard to the Downtown Building Facade / Interior Loan Program, staff develop a rating system for loan approval which reflects other City objectives and report back to the Finance and Administration Committee within two months time. That Ms. Laura Kekanovich be appointed to the Kitchener Housing Inc. Board of Directors as a Community Director for a term expiring November 30, 1996, to fill a vacancy created by Mr. John Griggs. That in the event the year end reports for the following groups are not received by Friday, March 1, 1996, Licensing staff be authorized to cancel the balance of their existing bingo licence and not issue any further licences until all of the outstanding paperwork has been filed: Achievement In Motion; Regional Addiction Counselling; Catholic Youth Organization; Kitchener Minor Baseball Association; K-W Jaycees; Northstar Youth Organization; St. Mark's Catholic Parish. That in response to a request from the Concourse Charities Bingo Association, Council amend Policy #1-578 so as to allow bingo halls in the City to be open until 4:00 a.m. for the purpose of running bingos, and further, That the extension of bingo operating hours be reviewed one year after implementation. That consideration of the request of the Kitchener Farmers' Market for a reduction in the licence fees for a chip wagon be deferred and referred to the March 4, 1996 meeting of the Finance and Administration Committee pending a report from Legal and Licensing staff regarding licence criteria and fees, with specific reference to a similar request recently received from the Wagon Wheel Flea Market, and further, That the previous applicant requesting a reduction on behalf of the Flea Market be informed of the meeting date and receive a copy of the staff report in advance. (As Amended) That only those organizations applying for lottery licences and who meet the following criteria shall be approved for licensing: a) Those with a physical presence in the municipality, or, b) Those Regional groups based within the Region of Waterloo, which service the residents of Kitchener, or, c) Those Regional groups based within the Region of Waterloo, which do not service the residents of Kitchener but where at least 25% of the proceeds from the lottery will be utilized for a charitable purpose within the City of Kitchener. FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) FEBRUARY 26, 1996 COUNCIL MINUTES - $3- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 26, 1996 - 83 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL That staff investigate the further implementation of non-resident user fees and report back to the Finance and Administration Committee with alternatives and/or specific recommendations. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That the existing level of reduced service respecting Route #1 on Belleview Avenue be continued on a permanent basis. 2. That a 40 km/h zone be established on Driftwood Drive, from Westheights Drive (north intersection) to Westheights Drive (south intersection), and further, That the Uniform Traffic By-law be amended accordingly. That the following priority ranking be established for the projects proposed for the City of Kitchener, in the Region's 1996 Roads Program; PRIORITY PROJECT EST. COST 1. Intersection Improvement Reg. Rd. 15 & 55 $325,000 KING STREET AT VICTORIA STREET 2. Reconstruction Reg. Rd. 15 $660,000 KING STREET between Francis Street & Louisa Street 3. C.P. Rail Track Removal and Restoration $ 30,000 PARK ST./COURTLAND AVE.NICTORIA ST. 4. Resurfacing Reg. Rd. 2 $280,000 HURON ROAD Amand Dr. to Trussler Rd. & into Wilmot Twp. 5. Resurfacing Reg. Rd. 6 $130,000 QUEEN STREET Courtland Ave. to Highland Rd. 6. Resurfacing Reg. Rd. 12 $150,000 HIGHLAND ROAD Queen St. to Belmont Ave. 7. Resurfacing Reg. Rd. 12 $170,000 NEW DUNDEE ROAD Curves east of Executive Place to Reichert Dr. 8. System Expansion Reg. Rd. 4 $440,000 OTTAWA STREET (scheduled in '97) Lackner Blvd. to Keewatin Avenue 9. Phase I Intersection Improvements Reg. Rd. 63 & 64 $150,000 DUKE STREET & CHARLES STREET Reversion to two-way traffic 10. Traffic Signal Modernization Reg. Rd. 63 & 64 $350,000 DUKE STREET & CHARLES STREET Reversion to two-way traffic, and further, That any works undertaken respecting Items 9 and 10 listed above shall be subject to the completion of the Regional Transportation Study. COUNCIL MINUTES FEBRUARY 26, 1996 - 84 - CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 26, 1996 - 84 - CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL PUBLIC WORKS AND TRANSPORTATION COMMITTEE - (CONT'D) That Taxi Cab Stands be established in the on street parking spaces on King Street in the vicinity of the entertainment establishments (bars) between the hours of 11:00 p.m. to 3:00 a.m. nightly, and further, That this arrangement be reviewed after a six month trial period. That the City waive its normal procedure for the selection of Consultants and retain the Firm of Paragon Engineering Limited, Consulting Engineers, to design and supervise municipal service installations at 4553 King Street East. COUNCIL MINUTES FEBRUARY 26, 1996 - 85 - CITY OF KITCHENER COMMITTEE OF THE WHOLE A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING - It was resolved: "That the by-laws considered by this Committee be taken as read a second time and be recommended for enactment." B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - 1. Banner Request It was resolved: "That in conjunction with the 'Legends of Hockey Charity Ice Hockey Program' to be held at the Kitchener Memorial Auditorium Complex April 13, 1996, we grant permission for the erection of a banner on King Street at Francis Street from Monday, March 25, 1996 to Monday, April 8, 1996, inclusive, and further, That arrangements be made with the City's Contractor for erection of the banner and the payment of any costs by the organization associated therewith." 2. Various Licenses It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Lion Rampant Accordion Bank Inc., to conduct a Monte Carlo event at the Granite Club, 69 Agnes Street, Kitchener on April 8 & 9, 1996, 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 Waterloo Regional Synchronized Swimming Club, 223 Lakeside Drive, Kitchener, N2M 4C7, to conduct a Monte Carlo event at the Holiday Inn, 30 Fairway Road, Kitchener, on March 29-31, 1996, 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 April 2-4, 1996, inclusive." - and - "That the City of Kitchener has no objection to a Provincial licence being issued to the Royal Purple of Canada, Lodge #356, 8-1200 Courtland Avenue East, Kitchener, N2C 1K7, to conduct a Monte Carlo event at the Edelweiss Tavern, 600 Doon Village Road, Kitchener on April 12-14, 1996, inclusive." - and - "That the Kingsdale Participating Preschool Inc., a registered non-profit organization, 237 Wilson Avenue, Kitchener, be granted permission to obtain a Raffle Lottery Licence for a draw to be held at the School on April 24, 1996." COUNCIL MINUTES FEBRUARY 26, 1996 - 86 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 3. Municipal Act - Enablinq Authority Councillor J. Ziegler suggested that the intent of Council was not to target pit bulls to the exclusion of any other vicious breeds, and accordingly asked that the recommendation be amended to strike the word "specifically" in both instances as it relates to pit bulls and substitute the words "such as". Councillor B. Vrbanovic agreed with the comments of Councillor Ziegler and further asked that the motion be amended to direct that both he and Councillor Jake Smola communicate with other interested municipalities and M.P.P.s to gain the necessary support to implement legislative changes. The motion was then voted on as amended. It was resolved: "That the City of Kitchener take appropriate steps to ensure the Province of Ontario proposed revisions of the Municipal Act include enabling authority for a by-law regulating or prohibiting a class of dogs, such as pit bulls, and, That, in addition, the City Solicitor make application to the Province of Ontario for special legislation which would allow the City of Kitchener to regulate or prohibit a class of dogs, such as pit bulls, and, That Councillors Jake Smola and B. Vrbanovic communicate with other interested municipalities and M.P.P.s in order to gain the support necessary to expedite the legislative changes requested of the Province, and further, That the City Clerk circulate this resolution to the Association of Municipalities of Ontario." 4. Epton Industries Inc. - VICTORIA PARK WARD It was resolved: "That Council acknowledge that notwithstanding Article 7 of Chapter 630 of The City of Kitchener Municipal Code, the proposed fencing to be installed at 521 King Street West by Geon Canada Inc. be permitted." 5. Encroachment Aqreement - ROCKWAY-ST. MARY'S WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Lot 4, Registered Plan 1343, known as 100 Heiman Street, to legalize an existing fence running a distance of 25 feet, more or less, along the Heiman Street frontage, measured from the southeast corner of the lot, said fence encroaching 2 feet, more or less, onto the Heiman Street road allowance." 6. Surplus Land Sales - VICTORIA PARK WARD It was resolved: "That the City of Kitchener accept an Offer from the Romanian Church of God of Kitchener of $4,000.00 plus survey costs to purchase vacant land situated south of and next to its property at 91 Madison Ave. South measuring approximately 4' frontage and 150'in depth, legally described as Part of Lot 7, Registered Plan 390, also included is a COUNCIL MINUTES FEBRUARY 26, 1996 COUNCIL MINUTES - $7- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 26, 1996 - 87- CITY OF KITCHENER REPORTS ADOPTED BY COUNCIL FEBRUARY 26, 1996 - 87 - CITY OF KITCHENER COMMITTEE OF THE WHOLE REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 6. Surplus Land Sales - VICTORIA PARK WARD (CONT'D) triangular parcel of land at the rear of 91 Madison Avenue South measuring approximately 11.33' x 74.38' x 75+- legally described as Part of Lot 6, Registered Plan 390, and further, That the Mayor and Clerk are hereby authorized to execute any documents deemed necessary by the City Solicitor." - and - "That the City of Kitchener accept an offer from Valdemar Martins and Rosa Martins of $30,000.00 plus survey costs for part of a vacant lot situated adjacent to 105 Madison Ave. South, measuring approximately 37' frontage and 150' in depth, legally described as Part of Lot 7, Registered Plan 390, and further, That the Mayor and Clerk are hereby authorized to execute any documents deemed necessary by the City Solicitor." 7. Tenders Dealt with under delegations. 8. Local Improvement Petition - Kinq Street East (South Side) The Committee was in receipt of a report from L.W. Neil, Assistant City Clerk, dated February 26, 1996, recommending the granting of a citizen petition involving the construction of a watermain and connection. It was resolved: "That we grant the petition of Mr. Shaun Simrod for the construction of watermain and connection on the south side of King Street East, between 300 metres west of Sportsworld Drive and 100 metres east of Deer Ridge Drive, pursuant to the Local Improvement Act." 9. Canadian Mental Health Association - Monte Carlo Events The Committee was in receipt of two reports from J. Koppeser, Manager of Licensing, both dated February 23, 1996. 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 Best Western Walper, 1 King Street West, Kitchener, on April 4-6, 1996, inclusive." - 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 April 14-16, 1996, inclusive." FEBRUARY 26, 1996 COUNCIL MINUTES - 88- CITY OF KITCHENER COUNCIL MINUTES FEBRUARY 26, 1996 - 88 - CITY OF KITCHENER 10. REPORTS ADOPTED BY COUNCIL Canadian Cricket Association - Monte Carlo Event Council was in receipt of a report from J. Koppeser, Manager of Licensing, dated February 23, 1996. COUNCIL MINUTES FEBRUARY 26, 1996 - 89 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 10. Canadian Cricket Association - Monte Carlo Event (Cont'd) It was resolved: "That the City of Kitchener has no objection to a Provincial licence being issued to the Canadian Cricket Association, c/o 3025 Maidstone Crescent, Brights Grove, NON 1C0, to conduct a Monte Carlo event at Golf's Steakhouse, 598-600 Lancaster Street West, Kitchener, on April 16-18, 1996, inclusive."