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HomeMy WebLinkAboutCouncil Minutes - 1996-03-25COUNCIL\1996-03-25 MARCH 25, 1996 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 Transylvania Club Choir under the direction of Kay Paulini. Mr. Hans Gross, President of the Transylvania Club, thanked Council for the opportunity for the Choir to sing the national anthem, and in this way to make their own contribution toward national unity. Councillor John Smola thanked the Choir members and leaders on behalf of Council. Mayor R. Christy asked all those present to rise and observe one minute of silence in memory of the recent death of Sean Patrick den Ouden, son of Olav den Ouden, Director of Revenue. On motion by Councillor B. Vrbanovic, the minutes of the regular meeting held February 26, 1996, and special meeting held March 4, 1996, as mailed to the Mayor and Councillors, were accepted. A. COMMUNICATIONS REFERRED DIRECTLY TO FILE - (a) Letters from the Cities of Waterloo, St. Catharines, Stoney Creek and Peterborough, supporting Council's resolution requesting an amendment to Bill 26 regarding the regulation of dangerous or restricted animals. Letters from the City of Burlington and the Municipality of Clarington advising that no action was taken. In accordance with instructions received, copies of each of these letters have been provided to all members of Council. (b) Letter from the Grand River Conservation Authority enclosing 1996 budget and supporting information. Councillor K. Redman welcomed the 5th Kitchener Scout Group of St. Andrews Presbyterian Church and their leader, Tim Wilke, who were in attendance this date. Councillor Redman presented the Scout Group with City of Kitchener pins as a memento of their visit. Councillor G. Lorentz advised that Mr. Ted Bleaney, Vice Chair, Parks & Recreation Advisory Committee, would not be in attendance tonight to speak on the proposed Lawn Bowling Greens at Rosenberg Park. Mr. Bleaney had previously registered as a delegation. Councillor G. Lorentz also advised that adjustments have been made to the audio speakers in the audience area to improve the sound level and reminded Members of Council that they must speak clearly into the microphone to ensure that their comments can be heard. 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. Yantzi "That tender T96-10, Scott Street (Weber Street to Irvin Street) and Spetz Street (Scott Street to Frederick Street) Reconstruction, be awarded to J. Weber Contracting Limited, Breslau, Ontario at their tendered price of $348,348. (including G.S.T. and P.S.T.)." -and- MARCH ~5, 1996 COUNCIL MINUTES - CITY OF KITCI:IENER "That Expression of Interest E95-90, Consultant Services -Project Manager Development and Implementation of a Utility Management/Tax Administration System, be awarded to Computer Partners International Corp., Toronto, Ontario, subject to a satisfactory agreement being negotiated and an upset fee established. The estimated cost of the project will be $103,500., plus G.S.T and P.S.T. if existing packages can be used, and $333,270. if development of a system is required." -and- "That tender T96-11, Turf Mowers, be awarded as follows: Item #1: One (1) -4 Wheel 2.9m (116") Reel Type Five Plex Lightweight Sportsfield Mower, to Podolinsky Turf Equipment, Petrolia, Ontario at their tendered price of $35,970., plus optional spare reel at $1,911. and headlight kit at $216.47, G.S.T. and P.S.T. Item #2: One (1) - 4 Wheel 2.9m (116") Winged Rotary Mower, to G.C. Duke Equipment, Burlington, Ontario at their optional tendered price for a demonstrator model of $42,500., plus G.S.T. and P.S.T. Item #3: Two (2) - Diesel Powered Self-Propelled 1,524mm (60") Front Mounted Rotary Mowers, to G.C. Duke Equipment, Burlington, Ontario at their tendered price of $24,770., plus one optional Front Mounted Broom at $3,500., plus G.S.T. and P.S.T." -and- "That tender T96-25, Compressor and Chiller replacement for Grand River and Queensmount Arenas, be awarded to Dasco Refrigeration Services, Guelph, Ontario, at their tendered price of $84,808. plus G.S.T." -and- "That tender T96-27, Sun Server & Workstations, be awarded to Southwest Sun Inc., London, Ontario at their tendered price of $87,866., plus additional 96MB of memory and lx2.1 GB disk drive at a cost of $8,891., 32GB capacity autoloader at $7,650., G.S.T. and P.S.T." -and- "That tender T96-21, Watermain Cleaning, be awarded to Canadian Pipeline Cleaning, Concord, Ontario, at their tendered price of $68,754.44." -and- "That tender T96-9, Turf Tractors be awarded as follows: Item #1 & #2: Two (2) - 33.8 kw (45hp) Diesel Turf Tractor - Two Wheel Drive, to DeBoer's Farm Equipment Ltd., Elora, at their tendered price of $37,800. plus optional cabs at $14,250., G.S.T. and P.S.T. Item #3: One (1) - 5.7 kw (21 hp) Diesel Turf Tractor, Four Wheel Drive and Mid-Mounted 60" Mower Attachment, to Ayr Tractor - John Deere, Ayr, at their tendered price of $15,646. plus G.S.T. and P.S.T." Carried. Mr. J. Shivas introduced his report and recommendation of March 22, 1996 concerning the proposed sale of surplus City land on Doon Village Road (formerly a Fire Hall Site). The report recommends MARCH ~5, 1996 COUNCIL MINUTES - 9~- CITY OF KITCI:IENER acceptance of an offer from G.R. Wilfong & Sons Limited. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That the City accept the offer dated March 18, 1996 from G.R. Wilfong & Sons Ltd. (Wilfong Homes) in the sum of $162,000 to purchase Part of Lot 2, Biehn's Tract designated as Parts 1, 2 & 3, Plan 58R-8155, Doon Village Road, and further, That the Mayor and Clerk are hereby authorized to execute any documentation required by the City Solicitor to complete this transaction." Carried. Mr. Juan Ramon Benavides Cruz appeared and expressed his concerns over creation of jobs for people with disabilities, and asked for the support of Council in this regard. Mr. Cruz advised that his goal is to organize a community based, job creation program, and he is willing to speak with any interested parties. Mayor R. Christy suggested that Mr. Cruz speak with a staff person, and Mr. T. McKay recommended Mr. T. Clancy who could set up a meeting with the City's Special Needs Group. Councillor K. Redman suggested that Mr. Cruz speak with other local organizations concerning similar initiatives which are presently underway. Mr. David Muir, Principal, Sunnyside Public School, appeared and requested permission to erect a portable sign on School property from April 20 to April 27, 1996 to advertise an art and craft sale intended to raise funds for additional school computers. Mr. T. McCabe clarified that portable signs are not permitted on lands zoned "Institutional". In response to a suggestion from Councillor G. Lorentz that approval of such signs be delegated to staff to expedite the process, Mr. McCabe advised that permits not in compliance with the Sign By-law cannot be delegated. He suggested that another approach would be to streamline the approval process with regard to charities and so amend the by-law. Councillor J. Ziegler argued that requests of this type are very infrequent and only occur once or twice a year, noting that without this form of regulation there would be a proliferation of signs on institutional lands. Mayor R. Christy asked that staff provide additional information concerning this issue. Moved by Councillor B. Vrbanovic Seconded by Councillor J. Ziegler "That notwithstanding the current Institutional Zoning, Sunnyside Senior Public School be permitted to erect a temporary sign on School property at Weber Street April 20-27, 1996 to advertise an art and craft sale." Carried. Chad Krulicki, Nicki Soulis and Trevor Ball appeared and requested an extension of use with respect to the Student Coffee House on Joseph Street. Mr. Krulicki referred to a written presentation he had previously circulated to members of Council, and advised that volunteers are currently redecorating the Coffee House and once complete, an open house will be held for Council and City staff. He added that all are extremely thankful for the City's contributions, noting that in addition and to date, $26,000 worth of goods, services and labour have been donated by various volunteers. Ms. Soulis and Mr. Ball each commented on the valuable experience they have received to operating the Coffee House and the resulting improvement in their business skills. All expressed pride in their achievements to date. Councillor K. Redman questioned the delegation and expressed her support and admiration for the Coffee House initiative. Moved by Councillor M. Yantzi Seconded by Councillor G. Lorentz "That the Licence Agreement dated January 15, 1996 with Glen Soulis, Harold Soulis, Chad Krulicki and Jeff Oke to operate a Coffee House at 70 Joseph Street be renewed on the same terms and conditions as set forth therein." COUNCIL MINUTES MARCH ~5, 1996 - 93- CITY OF KITCI:IENER Carried. Mr. David Kresky appeared on behalf of Waterloo Region Tax Watch regarding various Kitchener spending issues which have caused the organization some concern. Mr. Kresky elaborated on several spending items which have arisen since the City established its 1996 budget, and referred specifically to proposed renovations involving St. Jerome's High School, a water park along the Grand River and a recreation area on a former landfill site. He offered the opinion that given the magnitude of the proposed expenditures Council could have reduced the 1996 tax increase to zero. Mr. Kresky stressed that the funds spent by elected members of Council are those of taxpayers in general, and expressed his hope that the proposed lawn bowling facility to be discussed later this date is being paid for by the Golf Course Enterprise. He offered the opinion that if a second lawn bowling green is constructed in partnership with the user club, they should contribute the cost. Mr. Kresky pointed out that in his estimation the City missed an opportunity to establish a lawn bowling area in the Downtown which would have drawn users into this area on a regular basis. He suggested diverting funds allocated to other Downtown projects toward the purchase of property available at the corner of Queen and David Streets. He stressed that it is Tax Watch's position that no money should be taken from the General Levy to pay for the second lawn bowling green, the cost of which should be covered entirely by the Rockway Lawn Bowling Club. In response to a question of clarification from Councillor M. Yantzi, Mr. Kresky advised that Tax Watch would support moving money allocated to the reconversion of one-way streets in the Downtown toward a Downtown lawn bowling facility. He questioned what value the City is getting for its money by locating the lawn bowling greens in Rosenberg Park, as is proposed. Councillor Jake Smola responded that there are economies in locating the facility in the Park as it is already owned by the City and appropriate lighting is in place. Mr. Kresky responded by indicating that in his estimation, spending money to change the one-way streets is a foolish expenditure. He also criticized Council for not exhibiting continuity in decision making as regards Downtown improvement. Mayor R. Christy added that staff had looked at relocating the lawn bowling greens to Victoria Park; however, there was not enough space to accommodate a second green. Messrs. Bernie Belesky, Apex Trade Show Productions, and Graham Coles, Conductor - Kitchener- Waterloo Chamber Orchestra, appeared concerning the Kitchener-Waterloo Wine & Food Expo'96. Mr. Belesky thanked Mayor R. Christy and Councillor M. Wagner for their introductory remarks at last week's event. Mr. Coles requested Council approval to allow the continued use of the City's logo on the event home page and other related advertising, as well as their support of the Take-A-Bus-On-Us Campaign, whereby the event promoters would reduce the admission fee by $1 in exchange for a pass allowing participants a free bus ride home. Mr. Coles then outlined the background and composition of the Chamber Orchestra, which would benefit by revenue raised at this event. Councillor T. Galloway enquired whether the Wine & Food Expo'96 is a fundraiser run by a professional fundraising group or is an initiative of the Chamber Orchestra, and Mr. Belesky replied that it is a joint venture. Councillor Galloway referred to a proposed grant request which would come before the Community Services Committee on April 1, 1996 and Mr. Belesky noted that staff had recommended that if the event was declared to have municipal significance, an application should be made for grant funding to reduce operating costs. Mr. Coles referred to various grant funding reductions to date which necessitate a more creative approach to revenue generation. Mayor R. Christy suggested that Messrs. Belesky and Coles continue to work with staff on the project, and that Council endorsement is not needed at this time. Ms. Lana Vukelic was in attendance on behalf of the Cadillac Fairview Corporation Limited concerning the Sign Variance listed as Item #13 on the Committee of the Whole agenda of this date. Moved by Councillor J. Ziegler Seconded by Councillor B. Vrbanovic "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of February 27, 1996, recommending approval of Submission No. S 1/96 -The Cadillac Fairview Corporation - Be Ratified and Confirmed." MARCH ~5, 1996 COUNCIL MINUTES - 94 - CITY OF KITCI:IENER Carried. Mr. William Dahms, Sims, Clement, Eastman, appeared in support of the by-law designating 410 King Street West (Kaufman Footwear) under the Ontario Heritage Act which is on the agenda for three readings this date. Mr. Dahms indicated his client's support of the by-law, and on their behalf thanked Council, particularly Councillor M. Wagner, as well as staff members Leon Bensason and Debra Arnold for their co-operation and efforts in promoting the designation. Councillor M. Wagner expressed LACAC's appreciation of the co-operative spirit demonstrated by Kaufman Footwear and their business associates. Messrs. Michael Sanderson and lan Watts appeared on behalf of the Rockway Lawn Bowling Club concerning clause 1 on the Community Services Committee report of this date dealing with construction of two lawn bowling greens at Rosenberg Park. Mr. Sanderson introduced other members of the Club who were in attendance this date. He offered the opinion that the decision before Council will have an impact on the future of lawn bowling in the City, and he characterized the Committee recommendation as progressive and forward thinking, particularly as regards construction of a second green at this time. Mr. Sanderson suggested that the approach to this new facility puts into practice the City's philosophy of financial partnerships with user groups while at the same time improving an existing facility. Mr. Sanderson characterized the $70,000 contribution by the Club as both significant and fair, and pointed out that the last capital investment matter involving the Club took place 60 years ago when it was first formed. Mr. Sanderson stressed that the construction of the second bowling green will allow implementation of plans for future outreach programs involving schools, the Stanley Park community and a pay-as-you-play initiative. He urged Council to support the Committee recommendation and construct the two green facility. Councillor G. Lorentz referred to the Club's revenue-expenditure shortfall in the year's 1989-1995, noting that one of the larger shortfalls occurred in the past year when membership was at its highest point. He questioned how the Club would cope with the expense of maintaining both greens which they have agreed to do as part of the installation proposal. Mr. Sanderson clarified that annual Club membership fees are set in consultation with City staff and that these are turned over to the City as part of an existing maintenance agreement. He added that the shortfall is based on the use of City staff to maintain the existing green and with the Club taking responsibility for maintenance there should be a reduction in operating costs. He also pointed out that if there has been a recurring shortfall, City staff must have been prepared to accept this as part of the cost of operating the facility in the past. Mr. Sanderson also expressed confidence that the Club's revenue will offset any costs associated with the new maintenance arrangement. Councillor G. Lorentz also referred to extracts from previous Council minutes outlining an initial arrangement to construct a single green with a portable clubhouse and with a staged approach to incorporating additional greens at a later date. He expressed concern that one year after these comments were made, the concept of staged developments seems to have been forgotten. He also questioned the need for a second green at this time. Mr. Sanderson replied that one year has elapsed since the initial proposal and that when construction was looked at in the context of tendering, it was decided to pursue a second green. He also indicated that it was felt more reasonable at this time to build both greens now based on need and a potential cost savings. Councillor Lorentz noted that in 1993 the operating cost for single green was approximately $14,000 and questioned how the Club would cover the cost of maintenance involving two greens with annual membership revenue of only $8,000. Mr. Sanderson expressed confidence that the Club can maintain the greens on a reasonable budget which it will self-finance. In response to a question from Councillor C. Weylie, Mr. Sanderson stated that the Club feels there is sufficient parking for an expanded facility and is prepared to accept a portable as opposed to a permanent clubhouse for whatever period of time is necessary. Councillor B. Vrbanovic questioned when the Club had indicated to staff their interest in constructing a second green, noting that it was his understanding the City would only tender for the "possibility" of a second green. Mr. Sanderson replied that he had advised staff of the interest in a second green in the summer of 1995, and noted that they have been consistent in only wanting to construct a single green; however, the Club disagrees. Councillor Vrbanovic referred to a $40,000 contribution by the Club to the construction of the first green and expressed concern over an arrangement whereby the City is compelling the Club to move from the current Rockway site and at the same time requiring them to pay to construct the new facility. Councillor Vrbanovic asked how Kitchener compares to other municipalities in terms of lawn bowling facilities and Mr. Sanderson replied that Kitchener is the largest municipality in the Province which does not have a two green complex. Mr. Sanderson further added that there are nine lawn bowling clubs in the Region and MARCH ~5, 1996 COUNCIL MINUTES - 95- CITY OF KITCI:IENER that Guelph and Cambridge have two green facilities and Elora, a three green facility. Councillor T. Galloway asked Mr. Sanderson to elaborate on the need for a second green, and he replied that lawn bowling greens break-up due to heavy use, and that there is a standard of 100-125 bowlers per green. He noted that the Club presently has 180 members and that the facility operates seven days a week above the capacity of a single green. Councillor Galloway pointed out that Kitchener already has two greens, though they are operated by separate clubs and that the combined membership of between 200 and 250 bowlers would suggest that these greens can support use on a combined basis. Mr. Sanderson acknowledged this, but pointed out that in reality they are two separate clubs who are not prepared to merge, and reiterated that there is a demand for a two green facility. Mr. lan Watt referred to inaccuracies in a recent article appearing in the K-W Record, and clarified that the Rockway Lawn Bowling Club is owned by the citizens of Kitchener and that anyone can join for a modest user fee. He added that contrary to comments appearing in the Record, it is not a private club, and he took offence to statements characterizing the game and its participants which he felt were inappropriate and displayed little or no understanding of the issues. He also noted that 33 countries are presently participating in an International Championship in Adelaide, Australia. Mr. Watt added that in building a two green facility, lawn bowling in Kitchener will be placed on a footing equal with other municipalities of comparable size in Ontario. He asked that Council approve the Committee recommendation and construct two greens. Councillor K. Redman questioned whether the Club intends to maintain the greens on a long-term basis and Mr. Watt replied in the affirmative, noting that he expects 150 members at the new facility. He added that estimates indicate a one or two green facility can be operated for approximately $15,000. and he acknowledged that fundraising activities will be required. Moved by Councillor G. Lorentz Seconded by Councillor T. Galloway "That the Community Services Committee report of this date be adopted." Mr. T. Clancy advised that staff are satisfied construction of a two green facility is preferable; however, they also recognize that funding is limited. He outlined the staff position on a phased approach which would see the Club's $40,000 contribution put toward construction of the first green, and with the second green wholly their responsibility. Councillor J. Ziegler suggested that consideration of the construction of a second bowling green should be deferred to the 1997 budget deliberations. He also suggested that construction of the second green at this time is unwarranted and premature given the funding cuts and grant reductions. Councillor Ziegler noted that it is especially inappropriate given the recent reduction of municipal grants to other sports organizations and that it appears the green is not needed at this time. He also pointed out that there has not been a demonstration of sufficient savings that would warrant constructing the second green at the time the first is built. Councillor J. Ziegler put forward a motion, seconded by Councillor T. Galloway, to defer consideration of the construction of a second lawn bowling green in Rosenberg Park, and refer this proposed expenditure to the 1997 budget deliberations. Councillor G. Lorentz referred to a previous decision of Council on June 19, 1995 indicating that only a single green would be constructed and noted that there has been no Notice of Motion or Motion to Reconsider relative to this previous decision. He added that this motion specifically indicates that development of a second green is to be at the cost of the Rockway Lawn Bowling Club. Mr. R.W. Pritchard referenced the motion referred to by Councillor Lorentz and indicated that there is a precedent to require Notice of Motion in instances involving reconsideration where grants have not been awarded or an increased grant is requested. Moved by Councillor M. Wagner Seconded by Councillor B. Vrbanovic "That we waive Notice of Motion to reconsider Council's June 19, 1995 decision in which approval was given to construct a single lawn bowling green, portable building and related accessories at the Rosenberg Park Soccer Field, with development of a second green to be at the cost of the Rockway Lawn Bowling Club." MARCH ~5, 1996 COUNCIL MINUTES - 96- CITY OF KITCI:IENER Carried with the required two-thirds majority of the whole Council. Moved by Councillor M. Wagner Seconded by Councillor K. Redman "That we reconsider Council's June 19, 1995 decision in which approval was given to construct a single lawn bowling green, portable building and related accessories at the Rosenberg Park Soccer Field, with development of a second green to be at the cost of the Rockway Lawn Bowling Club." Carried with the required two-thirds majority of the members present. Councillor C. Weylie pointed out that it was her understanding there is still an additional $40,000 contribution required from the Club. Councillor B. Vrbanovic referred to past sports and recreation facility improvements in Kitchener and the percentages paid by volunteer groups and clubs involved. He noted that the Lawn Bowling Club has been in the City for approximately 60 years and that in the past the City, at its initiative, has reduced the size of the green, reduced the available space in the clubhouse, and two years ago asked the Club to vacate its present site entirely. Councillor Vrbanovic pointed out that where expropriation occurs there is usually compensation on a one-to-one basis, as well as a premium for inconvenience. He suggested that the City is not doing this as regards the Lawn Bowling Club and is not recognizing the land that it has taken back in the past. He added that on average there has been a subsidy by the City on an annual basis of approximately $6,900 which will no longer be required and that in addition, there is a $60,000 saving on the operating side from the transfer of maintenance responsibilities from City staff to the Club. Over and above these benefits, the City will also gain a tournament quality lawn bowling facility. Councillor G. Lorentz suggested that it is important that the public perceive the City as following through on its earlier promises; however, he indicated his concern over the speed with which a second green has been entered into the debate and questioned how long the Club would be satisfied with a portable clubhouse, and whether they would have the funds to replace it at a future date. Councillor Lorentz noted that the City does not construct facilities for the other local lawn bowling club and that the Parks Advisory Board is also recommending against construction of the second green. A recorded vote was requested. Councillor M. Yantzi reminded Council that the Club did not ask to be relocated and that a decision to move them was made without knowing the final location or costs. He suggested that if there is an increased cost to the taxpayer it is a direct result of this earlier decision. Councillor M. Wagner argued that the Club is contributing more than two-thirds of the cost of this facility and that entering into this partnership makes good business sense. He suggested that the City is not being overly generous and should act pro-actively in support of smaller clubs and lesser known sports. Councillor T. Galloway advised that he is in support of relocating the facility but cannot support the motion before Council this date. He pointed out that in the past, contributions by community-based volunteer groups toward the construction of new facilities have amount to an average of approximately 50% of the cost; however, other facilities such as ball diamonds or playgrounds are open to a broader segment of the community, throughout the day seven days a week. He expressed concern over other community groups in the planning stages who may look at the treatment of the Lawn Bowling Club as a precedent in obtaining new or expanded facilities. Councillor Galloway also noted his concern that volunteer community groups may perceive that the amount of their contribution toward new facilities could be reduced if they approach Council directly as was done in this case. He also pointed out concerns with regard to the process followed in this instance, noting that the City has an established project planning process and a ten year capital forecast which make no mention of a second green either now or in the future. He commented that it is his feeling the issue of a second green was raised at the last minute, when in fact, minutes of past meetings indicate that it is a future expectation. In this regard, he referred to a May 2, 1994 presentation by the Lawn Bowling Club President, at which time the City was advised the Club saw a benefit in providing $40,000 toward the cost of the project. At that time the President advised that the first $40,000 contribution would be raised and then repaid, presumably to construct the first green. The second green was anticipated in six to ten years time, with construction at the expense of the Club. In summary, he suggested that approving the Committee recommendation of this date will send the wrong message to various civic organizations. He also noted that traditionally, the City only supports sports activities involving persons 18 years of age or under. Mayor R. Christy commented that approval of the Committee recommendation is an opportunity to eliminate some inequities introduced in the past, and that his only concern is that the Club may approach the City in future for a permanent clubhouse. COUNCIL MINUTES MARCH 95, 1996 - 97- CITY OF KITCI:IENER Councillor T. Galloway withdrew his name as the seconder of the amending motion by Councillor J. Ziegler to defer consideration of the second green to the 1997 budget review process. No other seconder was forthcoming and the deferral motion was not voted on. Council then voted on the main motion dealing with the Community Services Committee report of this date, which was Carried on a recorded vote. In Favour: Mayor R. Christy, Councillors John Smola, K. Redman, B. Vrbanovic, C. Weylie, M. Yantzi, M. Wagner and Jake Smola. Contra: Councillors G. Lorentz, T. Galloway and J. Ziegler. Moved by Councillor C. Weylie Seconded by Councillor M. Yantzi "That the report of the Planning and Economic Development Committee of this date be adopted." Councillor C. Weylie reviewed the Planning and Economic Development Committee report of this date, and requested that action on clause 5 be deferred and referred to the April 29, 1996 Council meeting. Councillor J. Ziegler referred to clause 1 involving an offer to purchase 1.34 acres of land on Riverbend Drive, and questioned whether it was possible to build on a parcel of this size. Ms. V. Gibaut answered in the negative, noting that the site is unbuildable due to slope. Councillor Ziegler also referred to clause 3 involving a proposed partnership agreement with a Southeast Asian municipality, and asked for clarification of the City's cost in this regard. Mr. T. McKay replied that the only cost would relate to staff time, and that there are no direct costs. The report of the Planning and Economic Development Committee was then voted on clause by clause: Clause #5 - Action deferred and referred to the April 29, 1996, Council meeting. Balance of Report - Carried. Moved by Councillor J. Ziegler Seconded by Councillor Jake Smola "That the report of the Finance and Administration 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." Councillor G. Lorentz requested that clause 1 of the Public Works and Transportation Committee report be amended to delete the words "crossing guard" in the first sentence and replace same with "safety patrol". The report was then voted on clause by clause: Clause #1 - Carried, As Amended. Balance of Report - Carried. Councillor G. Lorentz referred to a recent meeting of the Twin Cities Committee, at which no elected official from Waterloo was present, and debate took place with senior staff of that City. He commented that it was his understanding the Committee was set up to allow elected officials to discuss issues of common interest at a political level, and put Council on notice that he would not attend another meeting where there is no political representation from Waterloo. He asked that Mayor R. Christy discuss a system of alternates with Mayor B. Turnbull and establish a suitable arrangement in this regard. COUNCIL MINUTES MARCH ~5, 1996 - 98- CITY OF KITCI:IENER Councillor G. Lorentz questioned why Mayor R. Christy had requested a further deferral of the lap dancing issue, and Mayor Christy responded that the City Solicitor had commented that this matter falls under the jurisdiction of the Criminal Code. Mr. J. Shivas advised of a recent Court of Appeal decision, and indicated his willingness to meet with Council in-camera to discuss the matter further. Mayor R. Christy asked that this item be listed on the April 1, 1996 Council In-Camera Agenda. Councillor G. Lorentz referred to a problem of speeding in school zones, and noted that in the United States offenders are jailed rather than fined. He suggested that staff investigate implementing school zones in Kitchener as soon as possible, given the severity of this problem and community concern. Councillor J. Ziegler questioned staff on the possibility of charging C.N. Rail for the use of lands for non- rail purposes such as billboard advertising. He suggested the possibility of a reciprocal agreement wherein the City would not pay liability insurance for protected railway crossings and in exchange would not charge a fee for non-railway use of lands. Mr. J. Gazzola responded by noting that presently the railways pay property taxes on their lands, and the amount has recently increased as a result of the last assessment. Councillor Ziegler indicated that this being the case, no further action is required. Councillor J. Ziegler suggested that a recent letter from Dr. Ronald Sax of the Regional of Waterloo to Mr. W. Beck concerning advertising and smoking be referred to a Standing Committee of Council for discussion. Mr. T. McKay responded that he and Mr. E. Kovacs have met and are working on a report which will be considered at the Public Works and Transportation Committee next week. Council was in receipt of a memorandum from S. Frenette, Director of Downtown Development, dated March 21, 1996 concerning a request from David Corks of the Downtown Action Team to represent Kitchener at the First World Congress of Downtown Management to be held in Coventry, England in April of this year. Mr. Corks is also requesting that the City pay the $495 (U.S.) registration fee for the conference, on the understanding that he will pay all other expenses. Councillor T. Galloway questioned why the City would not consider paying other related expenses, if the trip is for City business, and Mr. T. McKay responded that the City would not usually support such a request; however, circumstances allow Mr. Corks to attend while on a personal trip. Moved by Councillor C. Weylie Seconded by Councillor Jake Smola "That Mr. David Corks be permitted to attend the First World Congress of Downtown Management in Coventry, England in April of 1996 as Kitchener's representative, with the City to pay the $495 (U.S.) registration fee and Mr. Corks to pay for flights, meals, accommodation and all other expenses." Carried. Councillor John Smola referred to noise and vibration problems at the Joseph and Company site on Lancaster Street adjacent to the C.N.R. main line. He asked that staff investigate possible limitations on the hours of operation during selected periods of the day. Mayor R. Christy asked that Public Works staff deal with this request. Councillor B. Vrbanovic requested that discussion of the possible licensing of automated banking machines at other than bank branch locations, be discussed at the April 1, 1996 Finance and Administration Committee meeting. He advised that he would circulate a report on this proposal under separate cover. Councillor G. Lorentz questioned whether the Association of Municipalities of Ontario should address this issue on behalf of Provincial municipalities and Mr. T. McKay advised that the Association has not had sufficient time to examine the implications of Bill 26 in detail as to the legislative authority for such a charge. He suggested that the City of Sarnia, which is pursuing this initiative is taking the chance as the charge is untested. Councillor T. Galloway referred to a newspaper article recently circulated by Mr. O. den Ouden concerning insurance and City liability. He pointed out that other Provinces in Canada have passed legislation to limit municipal liability, and in this regard, Councillor J. Ziegler replied that the City has already made a request. Mr. T. McKay added that the Association of Municipalities of Ontario has made a submission, but to date there has been no action by the government. Mr. J. Shivas added that municipal solicitors in the area are presently working with the Province on the drafting of a new Municipal Act, and that this is one of the areas of discussion. Councillor T. Galloway referred to complaints he received as to the cost of the City's practice of MARCH ~5, 1996 COUNCIL MINUTES CITY OF KITCI:IENER circulating notices of farm exemption by registered mail. Mr. R.W. Pritchard replied that to the best of his understanding, this is required by statute, Councillor Galloway suggested that the statute be changed and Mayor R. Christy asked that the City correspond with the Association of Municipalities of Ontario in this regard. Councillor Jake Smola explained the circumstances surrounding Zone Change Application 951201FIJW (M. Downie, 734 Frederick Street) and noted that one of the outstanding issues has been resolved which would have otherwise resulted in an appeal. Mr. T. McCabe advised that the solution arrived at is ideal and fits the temporary occupancy policy. Moved by Councillor Jake Smola Seconded by Councillor G. Lorentz "That temporary occupancy for a veterinary service use (Blue Cross Animal Hospital) at 709 Frederick Street, be approved subject to occupancy being at the sole risk and liability of the owner, and further, That in the event the Ontario Municipal Board does not approve Zoning By-law 95-182, the owner agrees to immediately vacate the premises with respect to the veterinary use." Carried. The Committee agreed to the request of Mr. R.W. Pritchard to add a by-law to the agenda for three readings this date relative to Part Lot Control Exemption - Briarfield Street. Moved by Councillor J. Ziegler Seconded by Councillor M. Wagner "That leave be given the Mover and Seconder to introduce the following by-laws, namely: (a) Being a by-law to designate part of the property municipally known as 410 King Street West in the City of Kitchener as being of historical and architectural value (b) Being a by-law to amend By-law 85-1 95122/B/PMB Margaret Zettel - Borden Avenue South - No. (c) Being a by-law to amend By-law 85-1 known as the Zoning By-law - No. 96/03/TC/JW (Cont'd) (d) Being a by-law to amend By-law 85-1 - Mike Voll Investments Limited - Midland Drive - No. 95/23/M/PMB (e) To authorize the construction of certain works as shown in Schedule "A" hereto as local improvements (f) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code respecting dogs (g) To further amend By-law No. 94-101, being a by-law to regulate traffic and parking on highways under the jurisdiction of the Corporation of the City of Kitchener (h) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (i) Being a by-law to provide for the establishing and laying out of parts of Keewatin Avenue as a public highway in the City of Kitchener (J) Being a by-law to provide for the establishing and laying out of parts of Bankside Drive as a public highway in the City of Kitchener (k) To confirm all actions and proceedings of the Council MARCH ~5, 1996 COUNCIL MINUTES - 100- CITY OF KITCI:IENER To further amend By-law No. 88-170 being a by-law to prohibit unauthorized parking of motor vehicles on private property (m) To further amend By-law No. 88-171 being a by-law to designate private roadways as fire routes and to prohibit parking thereon (n) 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 (o) Being a by-law to exempt a certain lot from Part Lot control - Lot 5, Registered Plan 1799 - Briarfield Street 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 J. Ziegler Seconded by Councillor M. Wagner "That the by-laws listed on the agenda for third reading, namely: (a) Being a by-law to designate part of the property municipally known as 410 King Street West in the City of Kitchener as being of historical and architectural value (By-law No. 96-34) (b) Being a by-law to amend By-law 85-1 Margaret Zettel - Borden Avenue South - No. 5/22/B/PMB (By-law No. 96-35) (c) Being a by-law to amend By-law 85-1 known as the Zoning By-law - No. 96/03FFC/JW (By-law No. 96-36) (d) Being a by-law to amend By-law 85-1 - Mike Voll Investments Limited - Midland Drive - No. 95/23/M/PMB (By-law No. 96-37) (e) To authorize the construction of certain works as shown in Schedule "A" hereto as local improvements (By-law No. 96-38) (f) Being a by-law to amend Chapter 530 of the City of Kitchener Municipal Code respecting dogs MARCH ~5, 1996 COUNCIL MINUTES -101- CITY OF KITCI:IENER (g) (h) (i) (J) (k) (Cont'd) (m) (n) (o) (By-law No. 96-39) 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. 96-40) Being a by-law to amend Chapter 110 of the City of Kitchener Municipal Code regarding By-law Enforcement (By-law No. 96-41 ) Being a by-law to provide for the establishing and laying out of parts of Keewatin Avenue as a public highway in the City of Kitchener (By-law No. 96-42) Being a by-law to provide for the establishing and laying out of parts of Bankside Drive as a public highway in the City of Kitchener (By-law No. 96-43) To confirm all actions and proceedings of the Council (By-law No. 96-44) 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. 96-45) 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. 96-46) 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. 96-47) Being a by-law to exempt a certain lot from Part Lot control - Lot 5, Registered Plan 1799 - Briarfield Street (By-law No. 96-48) be taken as read a third time, be finally passed and numbered serially by the Clerk." Carried. On motion, the meeting adjourned. MARCH ~5, 1996 COUNCIL MINUTES - 10~- CITY OF KITCI:IENER 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. 2. That the 1995 Annual Report of the Economic Development Division be received. That the Federation of Canadian Municipalities be advised of the City of Kitchener's interest in entering into a partnership agreement with a south east asian municipality following expiry of its partnership agreement with Windhoek, Namibia, and further, That the Federation of Canadian Municipalities be advised of Kitchener's interest in participating in any Federation initiative where the objective is to explore trade opportunities in developing economies. That Municipal Plan Amendment Application-MPA 96/4/W/JG (1065146 Ontario Inc.) requesting a change in designation from High Density Residential to Neighbourhood Commercial for the property located at the northwest corner of Westmount Road and Ottawa Street be processed, it being understood that such processing not be construed as granting approval or refusal of the proposed amendment. "Without prejudice, that Council authorize the anchorage of the temporary building and the closing in of the front of the building to the satisfaction of the Chief Building Official, and that the temporary use of the property located at 1402 Highland Road West for the metal fabricating business of Highland Metal Fabricating Inc. be allowed to continue for a maximum of six months subject to the following conditions: that Council receive a written lease agreement or a bona fide offer to purchase signed by the principal(s) Highland Metal Fabricating Inc. for a new permitted location for this business prior to the March 25, 1996 Council meeting, and that Highland Metal Fabricating Inc. agrees to remove the current temporary structure at its sole expense immediately following the six month expiry date, and in the event that Highland Metal Fabricating Inc. fails to anchor and close in the front of the building to the satisfaction of the Chief Building Official by March 30, 1996 this authorization becomes null and void." (Action deferred and referred to April 29, 1996 Council meeting) That Zone Change Application 951231MIPMB (Mike Voll Investments Ltd., Midland Drive) requesting a change in zoning from Residential Nine Zone (R-9) to Residential Eight Zone (R-8) with Special Regulation Provision 221 according to By-law 85-1, on Part of Block E, Registered Plan 1170, more particularly described as Part 2 on Plan 58R-6379, be approved in the form shown in the attached "Proposed By-law", dated February 26, 1996 (replaces proposed By-law dated December 20, 1995), without conditions, and further, That the change to the By-law be considered minor in nature and not require any further notification prior to its passing. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - (CONT'D) 6. 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 MARCH ~5, 1996 - 104- CITY OF KITCI:IENER COUNCIL MINUTES MARCH ~5, 1996 - 104- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL 7. That the 1995 Annual Report of the Department of Planning and Development be received. That Zone Change Application ZC 96/03/TC/JW (City of Kitchener), representing revisions to the regulations of the Downtown Zones of Comprehensive Zoning By-law 85-1, dealing with revised parking regulations, be approved in the form shown in the attached "Proposed By-law", dated February 8, 1996, without conditions. It is the opinion of this Committee that approval of this application is proper planning for the City. COMMUNITY SERVICES COMMITTEE - 1. That Cambridge Landscaping Inc. be approved to construct two lawn bowling greens at Rosenberg Park at their tendered price of $237,311.23, including G.S.T., and further, That the Rockway Lawn Bowling Club contribute a total of $70,000, $50,000 in the form of an interest free loan to be repaid to the City over a period of 10 years and a $20,000 cash payment, to be paid upon commencement of construction, and further, That the balance of the cost of the second green be paid from the Capital Contingency Account, and further, That this arrangement be subject to the Rockway Lawn Bowling Club entering in to an agreement with the City of Kitchener, to the satisfaction of the City Solicitor. (Dealt with under Delegations and Carried) FINANCE AND ADMINISTRATION COMMITTEE - That consideration of the request from the Kitchener Farmers' Market for a reduced Chip Wagon Licence Fee and related issues be deferred and referred to the April 1, 1996 Finance and Administration Committee meeting pending receipt of 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. That Chapter 530 (Dogs) of the Municipal Code be amended to provide that a dog is deemed potentially dangerous when it is caught running at large on 3 occasions within a 24 month period, as opposed to the current 12 month period. That the billboard sign owned by Gould Advertising currently in place on Bleams Road be transferred to an alternate location on the City owned lands at the intersection of Wilson Avenue and Goodrich Drive (former Hydro station site), with Gould to incur all costs associated with disassembly and reassembly, and, That the City waive the standard leasing fees, estimated at $850.00 per face/year (2 faces involved), and agree to a lease for the new site with a term corresponding to the remainder of the term for the present Bleams Road location, with Gould to confirm their 4 year estimate in this regard, and, That upon expiry of the above new lease, renewal under normal leasing terms is at the sole discretion of the City, which may alternately require removal of the subject billboards, and, FINANCE AND ADMINISTRATION COMMITTEE - (CONT'D) 3. (Cont'd) MARCH ~5, 1996 COUNCIL MINUTES -105- CITY OF KITCI:IENER COUNCIL MINUTES MARCH ~5, 1996 - 105- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL That the City waive the required Building Permit fees for the new site, and further, That since the new site will eventually form part of the right-of-way for the River Road/Bleams Road connection, this roadwork is to take priority over any other use of the site should the subject lands be required for this purpose prior to expiry of the new lease referred to herein. That Council grant the request of Mr. Richard Hamm for permission to relocate the Hot Dog Cart at King and Queen Streets to the Huron Industrial Park (north side of Shoemaker Street at the intersection of Strasburg Road), and further, That the current Street Vendor By-Law be amended so as to eliminate the King/Queen Street location. That the Conestoga Sailing Club, P.O. Box 38077, 256 King Street North, Waterloo, be granted permission to hold bingos on an ongoing basis within the City of Kitchener, with the proceeds to be used to support their youth programs. That the Street Vendor By-Law be amended to provide for one Flower Vendor on the west side of King Street at the corner of Water Street at a Stationary Cart Fee of $1,176.00 plus $100.00 for each employee, with the latter to be personal and non-transferable, and, That the above location be awarded in 1996 to Mr. William Sovari, Street Heart Roses, with the appearance of the flower cart to correspond with the description in the report of J. Koppeser, dated February 28, 1996, and further, That the provisions of the 1996 By-Law apply which limit the vendor to one cart on publicly owned lands, with the option of having it operated by someone other than the owner, provided all requirements in the 1995 By-Law relative to "stand-ins" are met. That the regular meeting of City Council scheduled for March 18, 1996 be cancelled and rescheduled on March 25, 1996 at 7:00 p.m., and that the sub-committee meeting (City functional review) also be re-scheduled from March 18 to 3:00 p.m. on March 25. PUBLIC WORKS AND TRANSPORTATION COMMITTEE - That an adult safety patrol facility not be established at Driftwood Drive and Driftwood Place, and further, That the crossing guard facility presently located at Yellow Birch Drive and Driftwood Drive remain in its present location, and further, That staff monitor the activities in this area and provide a further report in October/November 1996. (As Amended) That parking be prohibited at any time on the south side of Pleasant Avenue from Glen Road to Binscarth Avenue, and further, That the Uniform Traffic By-law be amended accordingly. 3. That the Student Safety Patrol Program in the Region of Waterloo be maintained, and further, That the specific recommendations as outlined: including that municipal funding be maintained at current levels; and, that municipal participation in the Incentives Program include the distribution of swimming/skating passes; be adopted effective immediately. COUNCIL MINUTES MARCH 25, 1996 - 106 - 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 Sunnyside Home's Annual 'Spring Fever' campaign, we grant permission for the erection of a banner on King Street at Rockway Gardens from Monday, April 29, 1996 to Sunday, May 5, 1996, inclusive and from Monday, April 14, 1997 to Sunday, May 4, 1997 inclusive. Further, that in both instances 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. Minutes of Settlement It was resolved: "That the Mayor and Clerk be authorized to sign the "Minutes of Settlement" as they relate to assessment appeals launched by Domtar Inc. and 993549 Ontario Ltd. and settled by the Regional Assessment Commissioner for Region #21 and solicitors for Domtar Inc. and 993549 Ontario Ltd." 3. Turf Maintenance Aqreement Councillor John Smola enquired whether in the past the City has ever provided turf maintenance services to outside organizations and Mr. T. Clancy replied in the negative. Councillor Smola referred to a complaint he had received from the owner of a lawn maintenance business and Mr. Clancy explained the circumstances surrounding the arrangement with St. Peter's Lutheran Church. Mr. Clancy noted that it is a complement to staff that they can effectively compete with private companies offering comparable services; however, the City was not aware at the time that its services were being included in a formal selection process. Councillor John Smola suggested that the City proceed as per the recommendation this date, and review the situation in October, 1996. It was resolved: "That the Mayor and Clerk be authorized to sign an agreement with St. Peter's Lutheran Church for the City to provide certain turf maintenance services at St. Peter's Lutheran Cemetery for a seven month term and with the City to receive $17,650 plus G.S.T. for such services." COUNCIL MINUTES MARCH 25, 1996 - 107 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 4. Aqreement - 55+ Personnel Placement Proqram It was resolved: "That the Mayor and Clerk be authorized to execute an Agreement with Her Majesty the Queen In Right of Ontario, as represented by Human Resources Development Canada and The Corporation of the City of Kitchener under the 55 Plus Personnel Placement Program for the period April 1996 to March 1997, in the amount of $35,230." 5. Various Licenses It was resolved: "That the City of Kitchener has no objection to the Kitchener-Waterloo Branch of the Canadian Diabetes Association, Ontario Division, 15 Toronto Street, Suite 1001, Toronto, Ontario, M5C 2E3, being granted permission to sell raffle tickets in the City of Kitchener for a draw to be held at their offices at 15 Toronto Street, Suite 800, Toronto, Ontario, on June 28, 1996." -and- "That the City of Kitchener has no objection to the Ontario Sports & Recreation Centre Inc., 1185 Eglinton Avenue East, North York, Ontario, M3C 3C6, being granted permission to sell bingo cards in the City of Kitchener for a Media "Wish 'N Win" Bingo to be held at the CFPL-TV station at 1 Communications Road, London, Ontario on April 13, 20, 27 & May 4, 1996." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the Kiwanis Kavaliers to conduct a Monte Carlo event at the Valhalla Inn, 105 King Street East, Kitchener, on May 7-9, 1996, inclusive." -and- "That the City of Kitchener has no objection to a Provincial licence being issued to the K- W Minor Lacrosse to conduct a Monte Carlo event at the Granite Club, 60 Agnes Street, Kitchener on May 3-5, 1996, inclusive." -and- "That the Greek Orthodox Community, 527 Bridgeport Road East, Kitchener, N2K 1N6, be granted permission to operate a Restaurant at the Kitchener City Hall Rotunda on May 26, 1996, provided that the necessary Health and Licence approvals are obtained; And further, that the City of Kitchener has no objection to the Greek Orthodox Community obtaining a liquor licence for their Greek Food Festival on May 26, 1996." -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 March 28-31, 1996, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." -and- COUNCIL MINUTES MARCH 25, 1996 - 108 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 5. Various Licenses (Cont'd) "That the Sunshine Foundation of Canada, Kitchener-Waterloo Chapter, PO Box 1785, Station C, Kitchener, Ontario, N2G 4R3, be granted permission to operate a refreshment stand, in front of the Zehrs at Forest Glen Plaza, 700 Strasburg Road, Kitchener, on March 28-31, 1996, inclusive, provided that the necessary Licence and Health and Fire approvals are obtained." -and- "That in conjunction with the Multicultural Festival and all activities connected therewith, to be held at Victoria Park Saturday, June 29, 1996 and Sunday, June 30, 1996, the week of June 23 to July 1, 1996 inclusive be declared a period of Civic Celebration in the City of Kitchener and that this event be considered a 'Community Festival' within Kitchener. Further, that the Kitchener-Waterloo Multicultural Centre Inc. be granted a Retail Exhibition licence, provided that the necessary Licence and Health and Fire approvals are obtained." 6. Enqineerinq Society - Bus Push Councillor T. Galloway disclosed a pecuniary conflict of interest and abstained from all discussion and voting concerning the request from the Engineering Society of the University of Waterloo as he is employed by the University. It was resolved: "That Council approve the request of the Engineering Society of the University of Waterloo to take up a silver collection for the Kitchener-Waterloo Area Big Sisters Association along the route of the 1996 Bus Push to be held on Saturday, March 16, 1996." Councillor T. Galloway previously disclosed a pecuniary conflict of interest and abstained from all discussion and voting concerning this request as he is employed by the University of Waterloo. 7. Volunteer Appreciation It was resolved: "That in conjunction with the declaration of Volunteer Week in Kitchener the third week of April, the City Clerk be authorized to direct the imprinting of mail processed through the City's postage meter during the month of April with the message: 'Volunteering: A Great Way to Grow'. It being understood that any costs associated herewith will be charged to the Parks and Recreation Department." 8. Offer to Transfer Easement - VICTORIA PARK WARD It was resolved: "That the City of Kitchener accepts an offer from Albert Lau and Louise Lau dated March 5, 1996 to sell to the City of Kitchener an Easement in perpetuity across their properties known as 115 and 125 Whitney Place for the sum of $40,000.00, including a temporary easement to permit construction of the proposed sewer and drainage work; and further, That the Mayor and Clerk are hereby authorized to execute all necessary documentation as required by the City Solicitor." COUNCIL MINUTES MARCH 25, 1996 - 109 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 9. Hydro Easement - CENTRE WARD It was resolved: "That the City of Kitchener accepts the offer from The Roman Catholic Episcopal Corporation for the Diocese of Hamilton in Ontario for $1.00 to transfer an Easement over Part 1, Plan 58R-9849 in perpetuity over part of its property known as St. Mary's Roman Catholic Church to the Hydro-Electric Commission of Kitchener-Wilmot; and That the Mayor and Clerk are hereby authorized to execute all necessary documentation as required by the City Solicitor." 10. Quit Claim Deed - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute on behalf of the City a Quit Claim Deed in favour of Huron Woods Development Corporation, for that portion of the City's right-of-way over Part 2, Plan 58R-938 which lies on lands owned by Huron Woods Development Corporation, northeasterly of Trillium Drive proposed for Part 1 on Plan 58R-8832." 11. Encroachment Aqreement - VICTORIA PARK WARD It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of La Costa Restaurant, 6 Charles Street West, to legalize five existing awnings which, when extended, encroach 4 feet, more or less, onto the Ontario Street and Charles Street road allowances and to permit the installation of nine light fixtures above the awnings, subject to the Regional Municipality of Waterloo's approval." 12. Quit Claim Deed - BRIDGEPORT NORTH WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City granted by paragraph 2. (Title Control) of the Schedule to Instrument No. 864767 respecting the severed parcel approved by the Committee of Adjustment on Submission B 5/96, said parcel having a width on Dumart Place of 26.1 m and an area of 9,215 square metres." 13. Quit Claim Deed - FAIRVIEW WARD It was resolved: "That the Mayor and Clerk be authorized to execute a Quit Claim Deed releasing all rights of the City granted by paragraph 2. of the Schedule to Instrument No. 949352 respecting Part 2 on Reference Plan 58R-9662." 14. Variance - Municipal Code, Chapter 680 (Siqn) - FAIRVIEW WARD It was resolved: "That the decision of the Committee of Adjustment sitting as a Standing Committee of City Council, of February 27, 1996, recommending approval of Submission No. S 1/96 -The Cadillac Fairview Corporation - Be Ratified and Confirmed." COUNCIL MINUTES MARCH 25, 1996 -110- CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 15. Charitable Refreshment Stand Licences Council was in receipt of correspondence from Mr. L. Dahmer, Fundraising Committee, Kitchener-Waterloo Precision Teams dated March 11, 1996 requesting charitable refreshment stand licences at two locations for various dates throughout the summer and fall of 1996. In this regard, they were also in receipt of a report from Mrs. J. Koppeser dated March 12, 1996 outlining the specific dates requested. Councillor G. Galloway expressed some concern over the number of dates applying to a single location, as this would limit access by other organizations. However, he acknowledged that it is the responsibility of the owner of the property in question to determine whether this is a problem. It was resolved: "That the K-W Skating Club Precision Teams be granted permission to operate outdoor barbeques at the Zehr's - Hi-Way Centre (1375 Weber Street East) and the Zehr's - Forest Glen Plaza (700 Strasburg Road) on each of the dates indicated in the letter from L. Dahmer on behalf of the Fundraising Committe dated March 11, 1996, provided the necessary licence as well as Health and Fire approvals are obtained." 16. Tenders Dealt with under delegations. 17. Sale of Surplus City Land - CHICOPEE WARD It was resolved: "That the City of Kitchener transfer Part of Lot 7, Plan 975 and Part of Lot 52, Plan 959 designated as Part 6, Plan 58R-947 to the abutting owners, Margot, Cathleen and Thomas Brombacher at no cost to the City." 18. Memorandum of Settlement - IBEW Local 636 Council was in receipt of a report and recommendation from L. Bansen dated March 25, 1996 concerning the Memorandum of Settlement ratified by IBEW Local 636 on March 14, 1996. It was resolved: "That Council approve the terms and conditions outlined in the Memorandum of Settlement dated March 1, 1996 regarding the 1996-1999 Collective Agreement with the International Brotherhood of Electrical Workers Union Local #636, and further, That the Mayor and Clerk be authorized to execute any documentation arising therefrom." 19. Property Transfer - 40 Dumart Place Council was in receipt of a memorandum and recommendation from J. Shivas, City Solicitor, dated March 21, 1996. It was resolved: "That the City confirms that on March 25, 1996 the buildings located on the property described as Parts 1 and 4 on Reference Plan 58R-10112 comply with the restrictive covenants set out in Instrument No. 864767; and further, COUNCIL MINUTES COUNCIL MINUTES MARCH ~5, 1996 - 111- CITY OF KITCI:IENER COUNCIL MINUTES MARCH ~5, 1996 - 111- CITY OF KITCI:IENER REPORTS ADOPTED BY COUNCIL MARCH 25, 1996 -111 - CITY OF KITCHENER COMMITTEE OF THE WHOLE B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER - CONT'D 19. Property Transfer - 40 Dumart Place (Cont'd) That the City consent to the transfer from Video Entertainment Corp. to 879025 Ontario Limited of the property described as Parts 7 and 8 on Reference Plan 58R-4589 and municipally known as 40 Dumart Place; and further, That the City consent to a transfer from 879025 Ontario Limited to Olga Stephanie Dendy of the property described as Parts 1 and 4 on Reference Plan 58R-10112 being part of the lands municipally known as 40 Dumart Place." 20. Encroachment Aqreement- 61 Balzer Road Council was in receipt of a memorandum and recommendation from L. MacDonald, Assistant City Solicitor, dated March 25, 1996. It was resolved: "That the Mayor and Clerk be authorized to execute an Encroachment Agreement with the registered owner(s) of Part 1 on Reference Plan 58R-3951, municipally known as 61 Balzer Road, to legalize an existing steel fence as it encroaches 1 metre, more or less, onto the Balzer Road road allowance and an existing steel fence and concrete slab as they encroach 6.5 metres, more or less, and 2 metres, more or less, respectively, onto adjacent City owned property." 21. Refreshment Stand Licence/Fireworks - Optimist Club of Westvale-Waterloo Council was in receipt of a memorandum from J. Koppeser, Manager of Licensing, dated March 25, 1996 recommending approval of the organization's request. Councillor Jake Smola questioned what level of enforcement the City would undertake with regard to the sale of fireworks by transient vendors, and asked that this issue be raised at a future meeting of the Finance and Administration Committee. Mr. R.W. Pritchard replied that the Licensing Section is prepared to undertake whatever level of enforcement is required. It was resolved: "That the Optimist Club of Westvale-Waterloo, 519A Rosemeadow Crescent, Waterloo, Ontario, N2T 2A4, be granted permission to operate a refreshment stand at Resurrection Catholic Secondary School, 455 University Avenue West, Kitchener, on May 18, 1996, provided that the necessary Licence and Health and Fire approvals are obtained, and that the license fee be reduced from $20 to $1, and further, That the necessary permit be obtained from the Fire Prevention Office to allow for a Fireworks Display." 22. Raffle Licence - Children's Hospital of Western Ontario Council was in receipt of a report from J. Koppeser, Manager of Licensing, dated March 25, 1996, requesting direction on the Hospital's request. It was also noted that the request is coming from the Royal Bank of Canada which proposes to allow sale of raffle tickets at its branches. Mr. R.W. Pritchard pointed out that on February 12, 1996 Council passed a resolution of no action on a similar request from the Children's Hospital of Western Ontario MARCH 95, 1996 COUNCIL MINUTES - 119- CITY OF KITCHENER COUNCIL MINUTES MARCH 95, 1996 - 119- CITY OF KITCHENER Foundation. REPORTS ADOPTED BY COUNCIL A motion to grant the request of the Royal Bank of Canada on behalf of the Children's Hospital of Western Ontario, relative to the issuing of a raffle licence, was voted on and Lost.